The Orange County Bar Association - The Briefs May 2022

A Publication of the Orange County

May 2022 February 2022 Vol. 90 No. 4 Vol. 90 No. 2

Bar Association

Inside this Issue: Health and Wellness Committee Inside this Issue: FamilyTop Law Committee Tips to Start Your Fitness Journey President’s Message President’s Message Parent Disagreement Over Vaccines & Stay on Track It Was a Fun Year Nicolette A. Kramer, Happy New Year!

It’s National Mentoring Michael P. DeVoe, Esq. Esq. Eric C. Reed, Esq. Elizabeth Collins Plummer, Esq. Month Professionalism Committee Paralegal Post Eric C. Reed, Esq. Paralegal Post Remarks

by John Foster Upon Receipt of the OCBA PreparingSituational for Trial Awareness in the Case 2022 William Trickel, Jr. Professionalism Award Professionalism Committee Jorge Astorga, FRP Environment John W. Foster, Esq. Professionalism During COVID-19 Paul Pelton, FRP

WE ARE UNAFRAID. Our firm has the experience, the resources, and the courage to provide unwavering representation to the families of those hurt or killed from carelessness.

Ken McKenna Trial Attorney

dwklaw.com | 407.244.3000 | kmckenna@dwklaw.com

Contents 3

18-19

OCBA February Luncheon Yolanda Cash Jackson, Esq.

President’s Message It Was a Fun Year Eric C. Reed, Esq.

20

4

Clerk’s Corner 2022 Report to the Citizens of Orange County The Honorable Tiffany Moore Russell

5

Paralegal Post Situational Awareness in the Case Environment Paul Pelton, FRP

21

New Members

Orange County Bar Association Installation Ceremony & Dinner

23

6

Professionalism Committee Remarks by John Foster Upon Receipt of the OCBA 2022 William Trickel, Jr. Professionalism Award John W. Foster, Esq.

8

Health and Wellness Committee Top Tips to Start Your Fitness Journey & Stay on Track Nicolette A. Kramer, Esq. Elizabeth Collins Plummer, Esq.

11

OCBA Member News Hearsay Michael V. Andriano, Esq.

24

Legal Aid Society Teaching Tips Cordial Communication with Clients Camilo Parra, Esq.

25

OCBA LRIS 2021-2022 Lawyer Referral and Information Service Attorneys and Committee – Thank You for Your Service!

27

Member Perks

12

Guest Column An Open Letter to Judges in Florida: Why Non-Binding Arbitration Stinks and the Role of Early Mediation in Dispute Resolution David W. Henry, Esq.

Young Lawyers Section News YLS on the Move Linnea M. Eberhart, Esq.

28

Voluntary Bar News SideBar Alena V. Baker, Esq.

15

32

16-17

34

2022 Professionalism Awards Ceremony

Classifieds Calendar

OCBA Law Day 5K

the Briefs Editor John M. Hunt

©2021

Associate Editors Karen L. Middlekauff & C. Andrew Roy Hearsay Columnist Michael V. Andriano YLS on the Move Linnea Eberhart SideBar Alena V. Baker OFFICERS Eric C. Reed, President Karen L. Persis, President-elect Amber N. Davis, Treasurer Arti Ajit Hirani, Secretary EXECUTIVE COUNCIL Euribiades Cerrud, II Keshara D. Cowans Lisa Gong Guerrero Catherine T. “Kate” Hollis Kristopher J. Kest Bruce A. Mount Rafael Orlando Rodriguez C. Andrew Roy Brandon M. Sapp Jennifer Smith Thomas Jessica A. Travis M. Ryan Williams LaShawnda K. Jackson, Ex-officio Michael Barber, YLS President EXECUTIVE DIRECTOR Jenny Brown Advertising & Sponsorship Manager Ursla Gallagher Publication Services Candice Maull

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 ©2022 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Adobe Stock ISSN 1947-3968

PAGE 2

www.orangecountybar.org

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

theBriefs May 2022 Vol. 90 No. 4

President’sMessage

May 2022

It Was a Fun Year

T

he final president’s message of my term… and like procrastinating to complete homework, it did at times require some motivation to write the messages. If I was only as good with the pen as past OCBA presidents Nick Shannin and Jamie Billotte-Moses. With the year winding down, several friends have asked – “Are you ready for it to end?” The answer is probably yes, but I certainly Eric C. Reed, Esq. enjoyed the privilege serving as the OCBA president. The experience allowed me to meet people that I likely would never have the opportunity to spend time with and get to know.

Coming out of the pandemic, we kicked it off with the OCBA Gala at Rosen Shingle Creek. Our first event “back” after being on the shelf for over a year. Shortly thereafter, we got in full judicial investiture mode (I think we had 6 ceremonies within 10 months).

These investitures were always entertaining as I tried to perfect the reading of “The List” of gifts from all the local voluntary bar associations. We certainly value the strong relationship the OCBA has with our judiciary.

Last month OCBA put on one of our largest events of the year, the Bench Bar Conference at the Loews Royal Pacific Hotel at Universal Orlando. A fantastic event with over 350 registrants which included 50 judges. We were fortunate to have our many sponsors who fully supported the conference. It was great to have everyone back in person giving us an opportunity to gather and network with our colleagues and judges, something that we have missed since the last in-person Bench Bar held in 2018.

I must first start with my family. The support they have provided over the years to allow me to devote the time to the OCBA’s Executive Council and then giving me the opportunity to serve this year in the role of president. Thank you to my wife, Carrie, daughters, Morgan and Reagan, and of course to my Some Good News (OCBA edition) co-anchor, Baxter. As a side note, talent agents have been knocking on our door after Some Good News first aired in 2020, but unfortunately for me, they weren’t asking for my services….

I’d also like to thank my law firm, Shutts & Bowen, LLP for the support they provided both this year and over the many years that I have been involved with the OCBA. Shutts’ support of the OCBA allowed me to get out and be present for the OCBA. However, I imagine it is time to get back to “work” and resume the billable hour fun.

A BIG thanks to the OCBA staff. Not really knowing what you are “getting into” when you take over as president is a bit scary. However, with Jenny Brown and her team, that feeling was short lived.

The ease at which they made my job simple was remarkable. It still baffles me how the OCBA’s small staff can run a 3,200-member organization with all of the multitude of events.

The OCBA is in good hands as I turn it over to my Gator friend, Karen Persis. I am excited that for the first time in OCBA history, we will be led by an all-female star-studded team, rounding out with Amber Davis (President-Elect), Arti Hirani (Treasurer) and Keshara Cowans (Secretary). These ladies will be supported by a fantastic Executive Council.

I certainly enjoyed my time as the OCBA president, but I now must get back to work, or alternatively, back to the golf game.

Eric C. Reed, Esq., is a partner in the Orlando office of Shutts & Bowen LLP, where he practices business litigation. He has been a member of the OCBA since 2000.

Now on to those to say thank you for a successful year…

theBriefs May 2022 Vol. 90 No. 4

www.orangecountybar.org

PAGE 3

Clerk’sCorner 2022 Report to the Citizens of Orange County

I

feel that transparency in government is one of the most important obligations of elected officials, and that is why it is a core commitment I have made for my office. Therefore, I am delighted to share with you the Orange County Clerk of Court’s 2022 Report to the Citizens. Providing this report is an important step in continuing to fulfill this pledge in transparency.

As you will see throughout the report, my office continued to face the challenges and pivots during the prolonged coronavirus pandemic to make sure we continued to serve our customers. For example, my office continues to look at virtual and

hybrid ways to share our events and services to make it easier for citizens to do business with us.

My goal has always been to serve our customers with openness and innovation with a continued focus on community outreach and resource availability. Some examples of this, that you will see in this report, include providing more free virtual legal and educational forums, being recognized for best practices, and holding community drives where we either raised money or collected donations.

You will also see real examples where my office has worked alongside our stakeholders, including the Orange County Bar Association, to provide better access to justice for our community and customers.

I hope you will take some time to read the 2022 Report to The Citizens and see all we are doing to create a positive experience for everyone who does business with us. You can find our 2022 report on the Clerk’s Office website at www.myorangeclerk.com/ annualreport.

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

If you renew on our website, be sure to update your information!

PAGE 4

www.orangecountybar.org

theBriefs May 2022 Vol. 90 No. 4

Orange County Bar Association Installation Ceremony & Dinner

You and your family are cordially invited to join the members of the Orange County Bar Association for the historic swearing in of four female officers for the first time in the OCBA’s 89-year history in addition to a celebration of the installation of officers and board members of the: Orange County Bar Association Legal Aid Society of the Orange County Bar Association OCBA Foundation OCBA Young Lawyers Section OCBA Paralegal Section



Swearing in by The Honorable Lisa T. Munyon, Chief Judge, Ninth Judicial Circuit Court Remarks by Eric C. Reed, Esq., 2021-2022 OCBA President and Karen Persis, Esq., 2022-2023 OCBA President Wednesday, May 18, 2022 Embassy Suites Downtown Orlando 5:00 – 6:00 p.m. - Cocktail Hour 6:00 p.m. – 7:00 p.m. - Dinner & Installation Ceremony



This is a family-friendly event (children welcome). Admission includes one drink ticket and dinner.

Members - $0 Guests of Members / Children - $15 Non-members - $40 Capacity is limited. RSVP in the OCBA Store at www.orangecountybar.org/store Cancellations must be received no later than May 13, 2022.

To cancel, contact Stephanie Sadi at stephanies@ocbanet.org Title Sponsor:

Supporting Sponsors:

theBriefs May 2022 Vol. 90 No. 4

www.orangecountybar.org

PAGE 5

ProfessionalismCommittee Remarks by John Foster Upon Receipt of the OCBA 2022 William Trickel, Jr. Professionalism Award

M

y grandchildren call me SurfDaddy, and at 69 years of age, you sometimes believe that you have seen it all and cannot be surprised. Well, back in January, Kate Hollis called and surprised this Old SurfDaddy when she told me that I had somehow been selected as the 2022 recipient of the William Trickel, Jr. Professionalism Award.

A few moments after my call with John W. Foster, Esq. Kate, my paralegal, Cassi, came into my office and asked about the call. I told her what had happened and then she looked at me and asked, “Are you going to get emotional?”

I answered, “Yes” and I did. After Cassi left my office, I had to ask myself two things: 1. Why did I react that way?

2. How in the world did this happen to me?

The first question was answered a few minutes later when I went to the OCBA Website and reviewed the list of prior recipients, beginning in 1994 with Attorney David King. On that list are the names of attorneys with whom and judges before whom I have practiced law in Orange County, Florida, for 41 years. To a person, each lawyer and judge on that list exemplifies a successful career in which professionalism and civility are inherent and substantial parts of their practices and lives. They are judges and lawyers to whom I look up and say, “Man, I hope that I can be like him or her! ” So, when Kate Hollis called me in January and told me that my name was being entered onto that list, well, I was overwhelmed, I was humbled, and I am truly thankful.

To answer my second question, “How in the world did this happen to me? ” a memory came to me.

I was once told that you can tell a lot about a person by looking at those with whom he or she associates.

Well, for the past 41 years, I have associated with the members of the Orange County Bar Association, members of the George C. Young American Inn of Court, and members of the Central Florida Family Law Inn of Court.

Our Bar Association is among the best in the country, and I watched, listened, and learned from the Best of the Bar. So, when I accepted this award, I did so on behalf of all those members of the OCBA and our local Inns to whom I listened, who I watched and from whom I learned about professionalism and civility over these many years of practice.

Allow me to also note that, in my 4 years in law enforcement, 41 years of practice and 69 years of life, I have learned the following: • In our cases, we may or we may not have the more persuasive case law.

PAGE 6

• We may or we may not have the more favorable facts.

• We may or we may not negotiate all of those terms on our client’s wish list for a settlement or transaction.

• And we may or may not have the winning case.

• But what we can always have in an undying commitment to professionalism and civility in our practices.

These traits, professionalism and civility, become more and more important every day. Overdose deaths in 2021 topped 100,000.

And, here is the kicker – because of the stressors and other factors inherent in the practice of law, the statistics for alcoholism, substance abuse and mental health issues in our profession exceed that of the general population.

Interestingly, I was recently reading the March/April 2022 issue of the Bencher, which is published by the American Inns of Court.

That entire issue deals with “Wellness in the Legal Profession” and is well worth reading. At page 6 of the March/April 2022 issue is an article entitled, “Lawyer Well-Being and the Relation to Diminished Civility,” which stated, in pertinent part, the following: “The profession is suffering, and the links between health, wellness, and civility are clear. It is up to judges and practitioners to address this crisis head-on by modifying behaviors, shoring up relationships, and building new opportunities. This can only be done in an environment of civility, collegiality, and empathy, and it is up to the legal profession to build this environment together.”

I am convinced that professionalism and civility in our practices and toward our colleagues can help reduce the stressors that we as lawyers face in our practices and, thus, reduce the high percentages that plague our profession relative to alcoholism, substance abuse and mental health issues. So, my hope to you is that we each make these traits, professionalism and civility, inherent parts of our practices and lives!

Finally, it is truly a privilege and honor for me to be a practicing lawyer. I honestly cannot envision another job that I would rather have. I will end with a quote from the lyrics of a song that I really like – a lyric that describes the way that I have tried to approach our profession over these many years – a way that I believe has been effective for me.

This song, called “Buy Dirt” by Jordan Davis and Luke Bryan, includes this lyric on which I will conclude: “Do what you love but call it work.”

John W. Foster, Esq., is the president, founder, and owner of Family Complex Litigation & Collaborative Group and practices family law. He is a member of the Executive Council and Legislation Committee of the Family Law Section of The Florida Bar, the chair of the Family Law Section’s Health and Wellness Committee and Parentage Committee, and a member of the Family Law Section’s Domestic Violence Committee and Children Issues Committee. He has been an OCBA member since 1981.

www.orangecountybar.org

theBriefs May 2022 Vol. 90 No. 4

SUCCESSFULLY RESOLVING CONFLICT SINCE 1988

LARRY WATSON • FOUNDING PRINCIPAL • MEDIATOR • ARBITRATOR Larry wrote the book on mediating complex multi-party construction disputes. He led the task force that developed Florida’s Rules for Certified and Court Appointed Mediators, and was in the first class of civil trial mediators certified by the Florida Supreme Court.

Put your client’s case in the hands of a mediator with unparalleled experience and achievement. Learn more about Larry and the entire mediation team by visiting our website at UWW-ADR.com or calling 800.863.1462.

Orlando • Ormond • Ocala • Jacksonville • West Palm • Fort Lauderdale • Miami • Tampa • Birmingham theBriefs May 2022 Vol. 90 No. 4

www.orangecountybar.org

PAGE 7

Health and WellnessCommittee Top Tips to Start Your Fitness Journey & Stay on Track

E Nicolette A. Kramer, Esq.

very journey begins with a single step. Starting on the road to a healthier and stronger you can be intimidating.

Staying on track can be even more challenging.

Articles filled with truisms and platitudes abound. Stay consistent they say. Stay motivated they say. Stick to a schedule. We’ve heard it all before.

The key question, particularly for lawyers whose busy professional and personal obligations present unique challenges, is “HOW?”

So, we turned to our OCBA experts, i.e., some of our fitness superstars recognized by OCBA members as persons who successfully balance their work and personal lives and manage to inspire others with successful fitness journeys. We asked our superstars for concrete recommendations that we could share with you. Perhaps unsurprisingly, these contributors Elizabeth Collins Plummer, Esq. are also highly successful professionals. We offer these tips in the hope one or more of them will inspire you to achieve your goals: our questions and some of their top answers. Our sincere thanks to all who participated!

How did you get started on your fitness journey? What kind of training, sport, or activity do you participate in?

I have always been an active person, but I started in triathlon while going through a very contentious divorce. I was taking spin classes at the Y (free childcare) and the instructor asked who would be interested in an all-female triathlon. I said yes and have been competing in triathlon since then - 21 years. – Jamie Billotte Moses I don’t think my fitness journey has a real start date. I played three sports in high school, and I played a varsity sport in college. I went to practice every day. Once the sports and practices stopped, I just kept moving. I think exercising was a part of me by then. – Hon. Paetra T. Brownlee I play soccer in two different co-ed leagues, work out at Crossfit Orlando, and go on solo runs when I can fit them in. I started running in undergrad pretty regularly when I realized how much I was missing my high school soccer days and how being active positively impacted my mental health. – Jackie Ebert My fitness journey began in middle school, where I became a cheerleader. Once I graduated high school, I joined a gym to keep myself active. I worked with a trainer and learned how to set up PAGE 8

workouts. I learned that I do best getting a workout in to start the day, super setting weights was one of my favorites, and I can be a runner. – Tina Leger I swam competitively when I was younger and continued through college. I have always enjoyed training and competing. I am currently training for the Chattanooga Half Ironman race in May 2022. In January 2022, I ran the Celebration Marathon. Also, I enjoy participating in cycling events like 6 Gap in Dahlonega GA and Horrible 100 in Lake County, FL. – Sean McCormack I found exercise of any kind to be an excellent release from the stress of work. So, I started my “fitness journey” by jogging. Once I chose the sport of triathlon I added swimming and biking. I also enjoy many gym classes like yoga, strength and stretching which give even more variety so I never get bored. – Wynne McFarlin I have done team and individual sports for as long as I can remember. We moved a lot so it was a way to fit in. In 2017, I ran my first obstacle course race (OCR) and have been doing it competitively since. You have to be a very well-rounded athlete for the sport and I think that is why I love it so much. There is always something to improve upon. – Heather Meglino I have been active since I was a kid. I have played many sports, but in recent years ran over a dozen marathons and 50+ half marathons. I also used to race a bike and still ride from time to time. – Scott Shelton I played a lot of sports in high school but really started running in law school. I needed a way to release stress and took to runs after school and before spending time with my wife. I’ve just continued running ever since so that it is a part of my day every day. – Ryan Williams I mostly run. In the spring of 1997, for reasons I don’t recall clearly, I accepted a challenge to run a 10K race in Wichita, KS. I signed up for a special training class. I remember being unable to run a half mile without being winded and needing to stop and walk – several times. I also enjoy yoga. I’ve tried swimming, but running is my exercise of choice. – Hon. Tom Young Do you work out or engage in a sport or activity every day? How do you fit it in to your schedule?

Yes, I work out every day unless my coach gives me a day off. Lately, my “days off” have been recovery rides or swims, so still working out, but less intense. I get up very early to exercise. I am a morning person, so it’s best to get it done in the morning, but if my schedule doesn’t allow that, then I will swim, bike or run late at night as well. Having a coach means I don’t really get to pass on my workouts. – Jamie Billotte Moses I try to work out every day. I have found that, if I shoot for 7 days a week, I’ll likely get 5 days in. We are all so busy that some days it just doesn’t “work out.” Ha! My main work out is running. I try to fit in weights and power yoga on the weekends, when I have more time. I’ve also learned that I have to work out first thing in the morning or it simply won’t get done. – Hon. Paetra T. Brownlee

www.orangecountybar.org

theBriefs May 2022 Vol. 90 No. 4

I try to move every day. I can and do prioritize it because I have conceptualized it not only as something that benefits me, but also benefits my work and relationships. I am much more productive and pleasant to be around when I am semi-active – this forces it to become a priority. – Jackie Ebert I started by finding a great gym that offered group and individualized training. I participate in boot camp style workouts and weight training. – Robin Khanal I have some type of physical activity every day – big or small. It ranges from crossfit, running, biking, walking my cat, and even taking the stairs. No matter how big or small – just move! Without it my entire mood and outlook on myself takes a nose dive. So just move! – Tina Leger I typically wake up at 5:10 a.m. during the week to get my workouts done. On the weekends, I usually get in a long bike ride and/ or a long run. One to 2 times a week in the early morning, I ride 30 miles with a group of buddies. – Sean McCormack Every day. First thing. Before I do anything else. If I have an extra busy day I work out at 5 a.m. – Wynne McFarlin I aim for 5-6 days of activity a week. I try to look at my week in advance and schedule it in. Sometimes it does mean saying no to fun weeknight events because I am not a big fan of morning workouts. – Heather Meglino I typically work out four to five days a week. Like anything else, time management is the key. You can also complete a hard workout in twenty minutes, so I try not to let time be an excuse. – Scott Shelton Yes. I almost never have a day where I do nothing, though I am trying to take more “easy” days as I get older. I get up early and run or exercise before work, usually starting at 5:00 a.m. I find that if wait until the afternoon the time goes to work or family or I am just too tired. – Ryan Williams I run three to five days a week during the early morning. I give myself the grace to skip a run from time to time, but I’ve also been running with the same running partner for the past 19 years.

On those mornings that I know she is waiting for me at end of her driveway, or when another group is expecting me at the Y, I force myself out the door. Accountability partners are important!

– Hon. Tom Young Do you track your exercise and nutrition? How do you monitor your progress?

What methods or apps work best for you?

I do not track anything. The only app I use is Spotify. I just put on my shoes, blare my music, and get outside. I also eat a plant-based diet. I do not count calories or anything because it doesn’t seem necessary with my diet. – Hon. Paetra T. Brownlee I have been dabbling with macro / nutrient counting this last month using the app MyFitnessPal. While I have not been doing it religiously, it has been good to be more intentional about what I’m putting in my body and is forcing me to reflect on how the way I fuel my body makes me feel. – Jackie Ebert

I follow the programming through crossfit, which tracks my progress. I meal prep by weighing food and using containers, which is doable for me without too much minutiae. (MyFitnessPal, RP Diet App) The key for me is convenience and not being bogged down in too many details. I can have a pass/fail mentality, which I have learned defeats any progress. So, plan ahead! And carve out time to do so. – Tina Leger I love my Garmin Watch and with it comes tons of data (science nerd here!) The Garmin Connect app has a ton of challenges that you can participate in. Exercise and nutrition go hand and hand but I try to view food more as fuel for the activity rather than being harsh on myself about calories or weight. Also, YouTube can be a great free resource for fitness. – Heather Meglino Yes. I love using Strava and Garmin Connect. My watch has a built-in heart monitor that allows me to track my effort levels and training zones. Strava and Garmin Connect allows you to connect with friends and other athletes to track their progress and workouts too. It allows you to keep track of who is out training you! – Sean McCormack My smart watch, an Apple Watch now, but I like Garmin a lot as well, tracks my miles and a lot of stats. However, I still write my daily exercise in a log and keep them going back to 2007 for comparisons if needed. At this point in my life, I look more for trends than for dayto-day changes. – Ryan Williams No. For years I logged my mileage, weight, blood pressure, and outof-the-ordinary observations daily. It was a useful practice and even helped my doctors pinpoint the cause of exercise-induced anaphylaxis that plagued me for a while. Journaling also served as a motivator because I was able to see my progress. I stopped when I felt the practice had become a chore – long after running had become a way of life. I didn’t need another one. – Hon. Tom Young Do you allow yourself rewards or “cheat days”? (What is your guilty pleasure?) How do they fit into your fitness plan?

I don’t have cheat days or rewards. I think it’s because I don’t really plan my work outs. My work out is just the first part of my day, like brushing my teeth or washing my hair. I think when you work out and eat a healthy diet, you can “cheat” when you want, without worrying. – Hon. Paetra T. Brownlee I have been trying to not think of food as a reward or to overindulge, as I have in the past during “cheat days.” This is easier said than done, and is a journey. I love ice cream and Kodiak chocolate chip pancakes, and I try to work them into a balanced diet. That being said, sometimes a day really isn’t balanced and that’s okay.

I try to get up the next day and again try my hardest to do things that make my body feel good, whether it be eating that ice cream or deciding to pass. – Jackie Ebert Yes - Kelly’s Ice Cream. It doesn’t fit into my fitness plan, but it is awesome. – Robin Khanal continued page 26

theBriefs May 2022 Vol. 90 No. 4

www.orangecountybar.org

PAGE 9

August 12 & 13, 2022

PAGE 10

www.orangecountybar.org

theBriefs May 2022 Vol. 90 No. 4

OCBA Member Perks

March 2, 2022 Speaker: Hon. Donald A. Myers, Jr. (Ret.) OCBA Center Sponsored by Seacoast Bank

Hon. Donald A. Myers, Jr. (Ret.)

“The Christ School is top notch and should be your first and last stop when looking for a school.”

— Joseph Boy, TCS parent

Serving TK–8th Grade

SCHEDULE YOUR TOUR TODAY! 407-849-1665 • thechristschool.org theBriefs May 2022 Vol. 90 No. 4

www.orangecountybar.org

PAGE 11

GuestColumn

T

An Open Letter to Judges in Florida: Why Non-Binding Arbitration Stinks and the Role of Early Mediation in Dispute Resolution

he passage of the Florida Mediation Confidentiality and Privilege Act in 1985 (§ 44.401, et. seq., Florida Statutes) and the adoption of new rules of civil procedure in 1987 governing mediation changed the landscape of dispute resolution in Florida.

Mediation became a fixture in the dispute resolution process folDavid W. Henry, Esq. lowing legislative action and then judicial implementation. However, over the past several decades, mediation advocacy in Florida has changed very little. Changes in mediation advocacy and process have not occurred organically.

The court must once again provide a helpful nudge to improve the mediation process. Regrettably, to deal with the COVID backlog, some courts have adopted case management orders providing for non-binding arbitration, ostensibly as an alternative to mediation.

This is a regrettable development that warrants critical commentary. I argue non-binding arbitration is an undesirable option and argue for a change in the timing of mediation to reduce the COVID backlog.

As opposed to non-binding arbitration, mediation leaves the outcome to the parties who rightfully own the problem. Early mediation is superior to non-binding arbitration on several levels.

Cost, efficiency, and the value of self-determination favor mediation. A non-binding arbitration creates the risk that one side or both will object to confirmation of the arbitration award. This is problematic because disputants (who never agreed to arbitrate at the outset) now incur the cost of a “mini-trial” without the promise of finality. If a party objects to the award, then under most non-binding arbitration rules the objecting party suffers the risk of attorney’s fees if they fail to do better in the de novo litigation.

The risk of attorney’s fees created by non-binding arbitration was not bargained for when the suit was filed. If the parties wanted to leave decision-making to a compensated neutral, they could have chosen that path on their own.

Mandating litigants to engage in a sub-optimal, non-consensual, adversarial, and more costly alternative dispute resolution (“ADR”) process is not a trivial problem. There are hundreds of millions of public and private dollars in play when disputes go unresolved or when resolution is delayed. There is also a concern for public opinion of the judicial system as a whole.

Non-binding arbitration can never rightly be seen as an alternative to mediation because it is adversarial. Why do some courts like it? Lawyers tell me it does not increase the frequency of settlement. They also tell me their clients do not like the added expense and many view it as a waste of time. Lawyers tell me also they do not put on their best case in non-binding arbitration because they expect the other side to request a trial de novo and they tend not to want to educate the other side. It is not more cost-effective than early mediation. I question whether there are studies showing non-binding arbitration will reduce the life-cycle of filed cases.

PAGE 12

Why is early mediation not the norm? Many commentators note that lawyers are not well-trained in mediation, that mediation does not require “lawyering” in the traditional sense, and it places lawyers outside their comfort zone. Careers and reputations can be made in trial; trial is the stuff of books and movies. Trial involves right and wrong, and morality tales. Mediation occurs in a cloistered black box where there are no public pews. It’s no surprise, then, there was early resistance to mediation by some lawyers in the 1980s. Some perhaps did not appreciate the financial, emotional, and public policy benefits conferred by mediation. Perhaps judges (mostly trial lawyers) subconsciously “favor” non-binding arbitration because it seems more lawyerly, mirrors litigation more closely, and approximates a trial. It requires a different sort of emotional intelligence and deal-making ability which is not the stuff of law school exams or boot camps. Arbitration also creates ample work for neutrals who have little incentive to object to non-binding arbitration orders.

Judicial involvement with ADR policy in the past was necessary to deal with increasing case-loads caused in part by rapid population growth in Florida, and by evolving jurisprudence resulting in more lawsuits (e.g., the growth of products and employment liability, consumer law, and abrogation of the contributory negligence rule).

Now we have a backlog of cases for a different reason. Once again, the judiciary must play a critical role in shaping ADR policy.

Non-binding arbitration will only provide immediate resolution if all agree (on some level) with the award or conclude it is not cost-effective to object to confirmation. Reluctantly accepting a privately-funded arbitration award for fear of the future hardly instills confidence in the public judicial system. It is not sensible to travel the long way through non-binding arbitration only to hope the arbitrator luckily lands upon a number the parties will agree to confirm without challenge. If the parties do agree to confirm the award, we have simply arrived full circle – a settlement following the involvement of a neutral – which is what a mediation would have accomplished at a fraction of the time and expense. Backing into a settlement after non-binding arbitration is akin to making three left turns on separate divided highways when one quick and easy right turn onto Mediation Boulevard would have achieved the same result.

There is no logical judicial objection to an early mediation that affords the parties an opportunity to end their dispute before significant fees and costs are incurred. The problem is that pretrial and case management orders frequently and regrettably provide for a mediation deadline months and months down the road at the end of the discovery period. Why so? Unexamined habit and custom. Sub-optimal delay in scheduling mediation persists, and that adverse feature remains immune from evolutionary forces.

Judges can and should set a mediation deadline relatively soon after joinder of all parties, while permitting some short discovery and investigative period. Confidential information exchange and disclosure can occur within the ambit of the mediation privilege.

Instead of the mantra from trial lawyers that they “prepare every

www.orangecountybar.org

theBriefs May 2022 Vol. 90 No. 4

case as if it were going to trial,” more savvy advocates will need to ask: “What is the least amount of information we need to mediate?” The answer to the question requires recalibration and to immediately focus on information needed to make an informed settlement decision quickly.

Recognizing there can be no economic, public policy, or moral objection to early mediation by the judiciary, the case by lawyers against early mediation fails as did objections to mediation in the 1980s. Critics of early mediation say they need extensive discovery because they don’t know what they don’t know. This argument, however, ignores the considerable direct and indirect costs incurred in acquiring that information and deferred resolution. Sunk costs are incurred. Bills go unpaid. Companies suffer cash-flow problems, and all litigants suffer disruption of their lives or businesses.

Yet, it’s not the client clamoring for more discovery – they want the dispute OVER. It’s the everyday, well-intentioned, but trial-centric lawyer who by habit borne of late mediation deadlines does not default to a settlement modality and who is “preparing the case for trial,” and trying to handicap the case for the client based on what he or she believes is incomplete information. The desire for “more perfect information” is inherently costly and flawed, and wrongfully drives the argument against early mediation. People make important decisions every day with incomplete information. Clients are no different. The institutional bias against early mediation is entrenched, decades old and must change. You need extensive discovery akin to a thick Sunday news-

paper to try a case, but you can read the headlines to mediate one.

Because of the then-existing skepticism surrounding mediation in the nascent mediation culture of the 1980s, courts did three things to appease lawyers but also institutionalized a sub-optimal process – all of which are easily changed. First, courts entered orders requiring attendance of “lead trial counsel” so that mediation “would be taken seriously” by the bar. Understandable in the 1980s, but the more enlightened view now recognizes the client should choose their mediation advocate and it may not be lead counsel. Judges also anticipated resistance to mediation and recognized (as noted above) that lawyers armed with a traditional law school education had little or no experience with mediation and thus might view it as suspect and a threat to their livelihood. So, not surprisingly, courts added a rule that permitted a party to move to dispense with mediation (which still exists). Third, and most criti-

cally, judges set the mediation deadline late in the life of the case. This was smart in one sense because if mediation is new and going to meet with resistance, you don’t make it the first order of business, much less the centerpiece of any case management order. Those rules shaped our current landscape and created a custom and practice among judges that has never changed.

Orders setting mediation are largely unchanged from 40 years ago despite the evolution in our understanding of ADR and the overwhelming success of mediation. By implementing late mediation deadlines in the 1980s that are now anachronistic but the norm, courts have unwittingly contributed to the long life-cycle of a filed case and crowded dockets, now aggravated by the COVID backlog. Florida litigants have wrongfully endured institutionalized process inefficiencies in dispute resolution for decades.

Mediation has rested in the shadows of trial practice for too long and for too many.

LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION

Lunchtime Training • legalaidocba.org

May 3, 2022 IN-PERSON & VIRTUAL

May 17, 2022 VIRTUAL ONLY

June 7, 2022 VIRTUAL ONLY June 21, 2022 IN-PERSON & VIRTUAL

THE ALMIGHTY DOLLAR: Learning How to Complete and Comply with the Financial Requirements of an Indigent Family Law Case

Kristen Huether, Esq. – Family Staff Attorney Learn how to complete financial affidavits, indigency applications, and certificates of compliance with mandatory disclosure for indigent clients.

Education Advocacy for Dependent Children

Hannah Farber, Esq. – GAL Program Staff Attorney Learn the basics of educational advocacy, including special education services and disciplinary actions.

An Introduction to Debt Collection and Garnishment Actions

Jamos Mobley, Esq. – Senior Housing/ Consumer Staff Attorney Learn the basics of evaluating and defending against unsecured debt collection actions and how to protect client assets from garnishment post judgment.

Noon –1:30 p.m.

In Person Location: Orange County Bar Association

880 N Orange Ave, Orlando, FL 32801 | Palm Room Virtual Sessions: Prerecorded and on our Website: www.legalaidocba.org. All trainings will be available to view on our website.

Questions: info@legalaidocba.org www.legalaidocba.org

Special Needs: Positive Pathways & Possibilities

Mexcye Roberts, Esq. – GAL Program Staff Attorney & GAL Program Case Coordinator Learn about various educational services available for children with special needs.

theBriefs May 2022 Vol. 90 No. 4

www.orangecountybar.org

PAGE 13

I love LawPay! I’m not sure why I waited so long to get it set up. + Special offer for bar members.

Call for details.

– Law Firm in Ohio Trusted by 50,000 law firms, LawPay is a simple, secure solution that allows you to easily accept credit and eCheck payments online, in person, or through your favorite practice management tools.

22% increase in cash flow with online payments Vetted and approved by all 50 state bars, 70+ local and specialty bars, the ABA, and the ALA 62% of bills sent online are paid in 24 hours

YOUR FIRM LOGO HERE

Trust Payment IOLTA Deposit New Case Reference ***

**** **** **** 9995

TOTAL: $1,500.00 POWERED BY

PAY ATTORNEY

Get started at

lawpay.com/ocba 888-553-8340 Data based on an average of firm accounts receivables increases using online billing solutions.

LawPay is a registered agent of Wells Fargo Bank N.A., Concord, CA, Synovus Bank, Columbus, GA., and Fifth Third Bank, N.A., Cincinnati, OH.

PAGE 14

www.orangecountybar.org

theBriefs May 2022 Vol. 90 No. 4

2022 Professionalism Awards Ceremony

March 24, 2022 Jury Assembly Room at the Orange County Courthouse Sponsored by Seacoast Bank

Judge Reginald Whitehead

Mike Tanner, John Foster, Judge Reginald Whitehead, Michael Barber, Eric Reed

Mike Tanner

John Foster

Judge Alicia Latimore

Kate Hollis

Paul SanGiovanni

theBriefs May 2022 Vol. 90 No. 4

www.orangecountybar.org

Bill Umansky

PAGE 15

PAGE 16

www.orangecountybar.org

theBriefs May 2022 Vol. 90 No. 4

Thank you to our sponsors and community partners!

OCBA Law Day 5K March 5, 2022 Harbor Park at Lake Baldwin

Platinum

Cole, Scott & Kissane, P.A. Gold Orlando Health Shutts

Silver Florida Mediation and Arbitration, LLC The LaRue Firm Patriot Legal Group RASi Taitt Law Scott Westheimer for Florida Bar President-Elect Veritext In Kind Sponsor Shuffield Lowman Supporting Sponsors Vote Amanda Saptaio Bova for Judge Keep Judge Vincent Chiu Keep Judge Josh Mize Vote Fay Olga Pappas for Judge

Congratulations to the race winners!

Men’s Overall 1st Place – Antonio Gomez 2nd Place – Daniel Marin 3rd Place – Nolberto Garcia Women’s Overall 1st Place - Jessica Marlier 2nd Place – Kerry Girona 3rd Place – Olivia Krejci Male Master (40+) Victor Hung Female Master (40+) Stephanie Vanos Male Grandmaster (50+) Edward Krejci Female Grandmaster (50+) Amy Ertel Team Award: Fastest Group Taitt Law Team Award: Most Spirited Group Brown Immigration Law PHOTOS: RJRjr Photography

theBriefs May 2022 Vol. 90 No. 4

www.orangecountybar.org

PAGE 17

Ashley Wright

Brandon Sapp, Lisa Gabrielle Harvey, Roger Johnson

Meena Hirani, Judge Elizabeth Gibson, Judge Andrew Bain, Arti Ajit Hirani, Eric Reed, Wynne McFarlin Eric Reed, Peggy Hewitt, Ursla Gallagher

Thomas Wert, Jennifer Barrows Keisha Mulfort, Monique Worrell, Kafi Kennedy Swanson, Keshara Cowans, Alkeyvia Haynes PAGE 18

www.orangecountybar.org

theBriefs May 2022 Vol. 90 No. 4

OCBA February Luncheon

Featured Speaker: Yolanda Cash Jackson, Esq. Co-host: Paul C. Perkins Bar Association February 24, 2022 | Embassy Suites by Hilton Downtown Orlando Title Sponsor: Florida Lawyers Mutual

Benjamin Garcia, Yolanda Cash Jackson, Eric Reed

Dana Alberga, Kate Hollis

Jay Small, Bethanie Barber

Paul C. Perkins Bar Association Members

theBriefs May 2022 Vol. 90 No. 4

www.orangecountybar.org

PAGE 19

ParalegalPost Situational Awareness in the Case Environment

O

n December 28, 1978, United Airlines Flight 173 originated in New York City at JFK International Airport and was scheduled to fly to Portland, Oregon, with a stop in Denver, Colorado. The aircraft, a Douglas DC-8 with four engines, had been in service since 1968 and was piloted by Captain Malburn “Buddy” McBroom who had more than 27,000 hours of flight time, First Officer Roderick Paul Pelton, FRP “Rod” Beebe who had 13 years of experience in the cockpit with 5,200 hours of flight time, and First Engineer Forest “Frosty” Mendenhall who had 11 years of flight experience and about 3,900 hours of flight time. Following the stopover in Denver, Flight 173 made its way toward Portland with 189 people aboard comprised of eight crew members and 181 passengers.1 As Flight 173 came into Portland airspace, the crew activated the landing gear to lower it on approach to Portland International Airport. As the landing gear was being lowered, the crew felt an abnormal vibration and yaw (a side-to-side movement of the nose) of the aircraft, but no indicator light illuminated to confirm that the landing gear had lowered and locked in place successfully.

The cockpit crew contacted air traffic control (ATC) in Portland and asked for a holding pattern so that they could diagnose the problem and prepare for an emergency landing if needed. For the next 66 minutes, the flight crew flew over Portland airspace while trying to determine the status of the landing gear and prepare for a potential emergency landing. During this time, none of the cockpit crew members effectively monitored the aircraft’s fuel level which was affected by the fact that the landing gear was down with the flaps at 15º during the entire hour-long holding maneuver. This situation created drag on the aircraft thereby significantly increasing the fuel burn rate in an aircraft that only had about 45 minutes of fuel reserve factored into the overall trip.2 As the cockpit crew prepared for a final approach for an emergency landing on Runway 28L, they lost engine one and engine two to flameout (engine stop due to loss of fuel pressure) and declared a Mayday. This was the last radio transmission from Flight 173 to ATC; it crashed into a wooded section of a populated area of suburban Portland about six nautical miles southeast of the airport. Of the 189 people aboard, 10 were killed including two crewmembers and eight passengers.3 The National Transportation Safety Board (NTSB) investigated the crash and found the following cause: The flight crew’s investigation and maneuver (requesting, obtaining, and executing a holding pattern from ATC) of the aircraft was prudent to give them time to diagnose the problem involving the landing gear.

However, the crew was so absorbed with diagnosing the landing-gear problem that they failed to monitor their fuel state and calculate a time by which they had to land the plane to avoid fuel PAGE 20

exhaustion. The NTSB also concluded that this was an example of a recurring problem: A breakdown in cockpit management and teamwork during a situation involving malfunction of aircraft systems in flight. As a contributing cause, the NTSB also found that the other two flight crewmembers failed to fully comprehend the criticality of the fuel state and successfully communicate their concern to the captain.4 Although this was a tragedy, this accident was one of the most important in aviation history as it brought about the launch of Crew Resource Management (CRM). Aviation psychologist, Alan Diehl, Ph.D., an NTSB Air Safety Investigator who investigated the crash of Flight 173, is credited with the authorship of CRM and its important training concepts involving behavioral management challenges such as poor crew coordination, loss of situational awareness, and frequent judgment errors. Dr. Diehl’s training concepts were eventually adopted by the airline industry thereby dramatically reducing accident rates.5 6 7 Applying similar concepts of crisis management in our case environment within the confines of situational awareness can assist lawyers and paralegals alike as issues invariably arise in our casework on a routine basis. These concepts can be categorized into seven basic steps.

The first step is problem recognition. An event has occurred that is cause for concern and needs to be addressed in some fashion within certain time parameters. For example, one becomes aware that the statute of limitations (SOL) is about to expire in a client’s case and no complaint has been filed, and, within the constraint of certain tim parameters, this problem must be addressed. Other examples could include a discovery response that’s due, or a court order that must be complied with by a certain date.

The second step is to get clarity. We must develop a clear understanding of the current situation, and, if necessary, gather information to help get a better sense of the problem. This is where education, training, experience, and knowledge of the operational environment help us understand the situation better. In the example of the SOL scenario, we have become aware that a client has come to us with their case late in the game and that the SOL is of concern, but we need to clarify the exact date the SOL is expected to run so we can identify the window of time remaining within which to file the complaint. One way we might get clarity is to review some documents such as an incident report, accident report, or some medical records to help us arrive at the date. Once we have clarity about the issue, then we can take the next step.

The third step is understanding possible outcomes and consequences. Once we have clarity about the depth and breadth of the problem and our time constraints, we need to be able to grasp the potential hazards or consequences so we can develop a plan to avoid them. In the example of our SOL problem, we need to understand that one possible outcome without some type of intervention will be the barring of our client’s claim and, consequently, a potential financial loss to the client. Another possible consequence of failing to preserve the SOL would be that our law firm could be sued for legal malpractice for failing to act appropriately under the circum-

www.orangecountybar.org

theBriefs May 2022 Vol. 90 No. 4

stances and preserve our client’s claim with financial losses to the firm and/or higher malpractice insurance premiums.

Naturally, the fourth step in the process involves risk assessment of various response options through an individual or team approach to problem-solving to avoid harm. Using our SOL example, we could evaluate the risk that “someone else will handle it; I don’t need to get involved.” Or “I don’t want to risk offending my superior or someone on my team by asking him or her if they are handling filing the complaint in the Smith case; I should stay in my lane.” What is the risk that someone else will catch it and handle it within the limited time parameters available if I don’t say something? Do I lower the risk of harm to the client and the firm if I bring the matter before my team and ask what’s being done about it? We should never assume that someone else is going to recognize the problem and handle it. It’s better to run the risk of offending someone than allowing the case to crash and burn and so, in this scenario, we bring team experience into the equation – those who understand why it is important to address this problem, understand the risk and consequences of not resolving the problem, and have the skillset(s) to solve this problem collectively.

The fifth step is developing an action plan through team abilities. Here, we are developing a plan to correct the situation based on the team resources available and we prepare to implement the plan within the safe zone of our time parameters. In our example, a complaint must be filed with the court to preserve our client’s claim.

Jane is out sick this week; John is in trial; Nancy knows the case, can review the records, and write the complaint, but she must leave work early to pick up her kids from school; and Susan knows how to e-file through the portal. What we don’t want to do is become distracted and expend valuable time and energy on the questions of why Jane is out sick and when she’s returning to work, or why Nancy must leave by a certain time to pick up her kids from school.

These side issues only drain our reserves and waste time. The plan is that Nancy will review the records and write the complaint before she leaves the office to pick up her kids, and Susan will e-file the document and make sure the filing is completed.

The sixth step is execution of the plan that was developed. Here, the wheels are set in motion, the buttons pressed, the levers pulled. In the SOL scenario, Nancy reviews the records and writes the complaint before leaving the office, and Susan e-files it. But situational awareness doesn’t stop there.

The seventh step is re-assessment. Here, we are looking to see if the action we took produced the corrective action we were seeking. In our ongoing example, Nancy prepared the complaint and Susan e-filed it. Now, Susan, will verify that the complaint was

filed and that notifications were received by those on the service list. If Susan determines that there was a glitch with the e-filing of the complaint, the entire pathway starts again with Susan becoming aware of the situation, recognizing the problem, and starting the process of managing the problem.

A diagram of the process looks like this:

Although the SOL example used here is perhaps a basic illustration of one of the challenges we may face in our casework environment, this skillset can be applied to the complex issues we encounter as well. This situational awareness process within our case environment helps us to maintain a safe altitude where, the wider the margin, the more time we have available to take corrective action should issues arise. Eventually, through repetition, these skills become second nature to us and help us arrive at our intended destination. Safe landings.

Paul Pelton, FRP, is a Senior Paralegal at Paul, Knopf, Bigger, PLLC in Winter Park, FL, and has been a member of the OCBA since 2015.

1­ NTSB Aircraft Incident Report of United Airline, Inc. McDonnell-Douglas DC-8-61 N8082U Portland, OR Dec. 28, 1978; NTSB-AAR – 79-7; National Transportation Safety Board, https://www.ntsb.gov/investigations/AccidentReports/Reports/AAR7907. pdf (Last visited Mar. 10, 2022) Id.

2

3Id. 4Id. 513 Plane Crashes That Changed Aviation, Popular Mechanics, https://www.popularmechanics.com/flight/g73/12-airplane-crashes-that-changed-aviation/ (Last visited Mar. 10, 2022) 6“New Book Reveals How Aviation Crashes are Investigated and What Goes on Behind the Scenes to Improve Air Safety,” PRWEB, https://www.prweb.com/releases/ dralandiehl/airsafetyinvestigators/prweb10735591.htm (Last visited Mar. 12, 2022) 7Air Safety Investigators: Using Science to Save Lives – One Crash at a Time,” Diel, Alan E. Ph.D. (Mar. 18, 2013) Xlibis Corp.

Ne w Members Attorney – Regular and Government Samantha J. ANGELASTRO William Thomas DOVE Janelise GASTELL Alisha HIXON Serge J. HOVHANESSIAN Shruti V. KADAM Aliyah B. LEWIS Gisselle A. MARTINEZ Connie Elizabeth McCARTHY

theBriefs May 2022 Vol. 90 No. 4

Kimberly S. MELLO Kaitlin NEWTON-JOHN Mary A. NORBERG Adam Joseph PAMEL Raidiris Ramirez REYNOLDS Miguel A. RODRIGUEZ Patrick B. SALMON Tristan W. SANDERS Isela Guzman SIMPKINS Matthew H. STORCH Robin TRETO

David P. TROTTI Geovanna Andrea VAZQUEZ John M. VERNAGLIA David YAU Deborah DOLLAR Claudia LEE

Malaak MIMOUNI Victoria KASS Khusbu PATEL Daniel Alejandro PERAZA Nicole VARGAS Ruth Ann VARGYAS Tatiana Vazquez COLON

Law Student

Patron

Affiliate

Yanira DEL VALLE Jeremy P. MEISTER

www.orangecountybar.org

Richard C. RING

PAGE 21

NEW!

TRIAL LAWYERS BOOTCAMP

Anatomy of a Trial: The Rosenburg Spy Case Presented by:

May 13, 2022 George C. Young Federal Annex Courthouse 8:00 a.m. - 5:30 p.m.

A one-day bootcamp training program for young lawyers featuring trial lawyers from Florida and across the U.S.

Sponsored by:

Based on the real trial of Ethel and Julius Rosenberg, this training will cover topics including opening statements, direct examination, cross-examination, closing arguments, and a discussion with federal judges on what they want from a trial lawyer.

Register Today!

Visit orangecountybar.org for more information.

PAGE 22

www.orangecountybar.org

theBriefs May 2022 Vol. 90 No. 4

OCBA MemberNews Hearsay Be careful with the truth but don’t you ever lie. And pay all your bills but give some away, all that money won’t make you happy. Make good company, drink good wine, make good coffee. Keep your chin up, but every once in a while, have a good cry. Well, go on and make a good livin’ but don’t forget to make a good life. Make a life so good that you ain’t gotta live it twice.

Michael V. Andriano, Esq.

– Janice at the Hotel Bar Hailey Whitters have heard that relational well-being or relational intelligence is achieved by acknowledging the interconnectedness of human nature and the important role that relationships of all kinds play in our lives. So, what does it mean to be relationally intelligent?

Relational intelligence is the ability to discern if someone should be a part of our lives and what place they should occupy, and then align them accordingly. First, define your relationships: friends (being your authentic self and accepting each other), associates (not engaging any deeper than the surface), assignments (mentor/ mentee), and advisors (those who offer guidance in specific areas of our lives and vice versa). Once relational categories have been clearly defined, the next step is to discern who is in your life, what category they currently occupy, and whether they should actually be there. Reflection is an essential aspect of relational intelligence and involves asking the following questions, without limitation: 1) Where am I in life? – locate yourself emotionally, spiritually, professionally, etc.; 2) What do I need? – figure out where specific people can help add value to your life and vice versa; 3) What do I have? – figure out if you’re getting what you need out of the relationships you have and if you’re giving those in your life what they need; and 4) What do I need to do? – figure out if people in your life need to be realigned or if you need to realign yourself as it pertains to others. Being relationally intelligent is in no way being manipulative, it is simply achieving better relationships by becoming a better friend, relative, colleague, etc., and gaining that reciprocation, thus enabling us to give and get the most that we can out of our human relationships. One of the greatest things we can achieve in life is to create an environment where we can receive and give again and again.

I

Honors and Awards Richard D. West, Esq., of West Family Law Group, lectured on “The Bounds of Advocacy: Exceeding Professionalism and Ethical Aspirational Goals in Family Law Cases” at the FLAFCC Annual Advanced Education Seminar on February 3, 2022. Mr. West also spoke at the ABA Paralegal E-Learning Academy on February 4th.

The lecture was titled “Becoming the MVP (Most Valuable Paralegal) in the Family Law Office.”

Lionel E. Rubio, Esq., of Winderweedle, Haines, Ward & Woodman, P.A., was recently named as a firm shareholder. Rubio, a former shareholder of the firm, returned after serving as a Chief theBriefs May 2022 Vol. 90 No. 4

Operating Officer and Chief Compliance Officer for an investment advisory firm. He primarily practices in the firm’s real estate and land use practice area. He represents clients in real estate, land use and development, condominium, and local governmental law.

Rubio has worked closely on behalf of both public and private clients including representation on behalf of and before various governmental agencies including City Councils, Code Enforcement Boards, Development Review Committees, and Planning and Zoning Boards.

Scott Gabrielson, Esq., was honored at the UCP of Central Florida’s 2022 Annual Gala with their Jackie Bailes Legay Award for his dedication to the mission of UCP. Gabrielson’s continued service and support to UCP has spanned more than 44 years. He has served as a dedicated board member, donor and an unwavering advocate for children with special needs. Having served as City Attorney for the City of Orlando from 1997-2003, Gabrielson is currently a Shareholder with local law firm, Mateer Harbert.

Shuffield, Lowman & Wilson, P.A. recently announced the addition of a Lake Nona office, offering a full range of the firm’s legal services, under the leadership of attorney Maytel Sorondo Bonham, Esq. A longtime Lake Nona community member, Bonham is a seasoned attorney and Florida Supreme Court Certified Family Mediator, fluent in Spanish, with more than 27 years of experience in the areas of estate planning, probate, trusts and guardian advocacy.

Investiture ceremonies were held for the following Ninth Judicial Circuit Judges: Judge Brian Sandor and Judge Michael Snure.

In Memoriam: Judge George Kendall Sharp, Senior United States District Judge for the Middle District of Florida, passed away on March 24, 2022. After graduating from the University of Virginia Law School in 1963, Judge Sharp moved to Vero Beach where he entered private practice. In 1978, Judge Sharp became a Circuit Court Judge for Florida’s 19th Judicial Circuit, a jurisdiction so large that he often flew his Cessna from courthouse to courthouse, gaining the nickname “the flying judge.” In 1983, President Ronald Reagan appointed Judge Sharp United States District Judge for the Middle District of Florida. During his first eighteen months as a federal judge, Judge Sharp was the only active district judge in Orlando. He took senior status in 2000 and retained a substantial caseload up until his passing. Judge Sharp was a man of many talents – world traveler, avid spearfisherman, pilot, athlete, scholar, philanthropist, judge, raconteur, and loving father and friend. The vacuum he leaves in so many lives will be hard to fill.

Susan Khoury, Esq., passed away on February 27, 2022. Susan was devoted to the improvement of Orange County’s communities through her service with the Legal Aid Society of the Orange County Bar Association. Susan began her work at LAS in 1985 and soon became the long-term Guardian ad Litem Program Director.

Michael V. Andriano, Esq., is an Associate Attorney at The Law Office of Michael L. Dear, PLLC. He has been a member of the OCBA since 2018.

www.orangecountybar.org

PAGE 23

Legal Aid SocietyTeaching Tips Cordial Communication with Clients

I Camilo Parra, Esq.

am entering my fourth year of practicing law. Of the many skills I’ve had to learn, there is one I take the most pride in: client communications. Whether the news I deliver is good or bad, I strive to convey advice to clients in a way that is respectful and tailored to their individual needs.

My efforts make a difference to my clients.

One of my clients, J.C., was facing an eviction at the height of the pandemic. Ultimately, I could only lay bare for him the peril that he faced and offer guidance to him on how to make use of what little time he had left before the inevitable took place. Even though the news was heartbreaking and ultimately life changing, he appreciated the way I communicated with him. He told me, “Thank you for all your help, guidance and your time, but most importantly for being the human being that you are . . . with that positive attitude and your words of encouragement you will solve many problems for people.”

I attribute the success of my interactions to the three P’s: Politeness, Patience, and Preparation.

Politeness Politeness is at the center of all effective communication. Politeness is simple adherence to the Golden Rule. I need my clients to respect me, and I earn this by showing them respect. I always strive to provide a welcoming, judgment-free space. I am mindful of their age, cultural background, and current circumstances when selecting the medium of communication and even word choice.

I greet each client warmly and ask how they are doing before I jump into the matter at hand. If it is the first time I am speaking to a client, I ask how they prefer to be addressed and make note of it for future communications. I find out work, school, and dependent care schedules so that I am respectful of my clients’ time when scheduling follow-up contact. In turn, most of my clients are respectful of my time.

Patience Understanding simply cannot be rushed. To that end, I check in with my clients during our verbal communications to ensure they are following along. I also encourage my clients to stop me at any point if they don’t understand what I mean. A favorite tool of mine for both verbal and written communications is fragmenting information into more digestible pieces. A wise attorney once told me to adhere to the principle: “Facts first, law later.” Clients wish to be heard. For some clients, you are the only person willing to listen to their stories. Only once you have allowed your clients to tell their story is it time to apply the law and render legal advice.

Rushing can undermine your clients’ sense of being heard and can make it harder for them to accept your opinions and follow your advice. Besides, you may gather valuable information that could change your advice if you just listen to their story.

PAGE 24

Preparation The best way to instill confidence is through preparation. Do I always have an answer to each legal question? Of course not. I have no problem telling my clients I will need to research an issue or confer with my colleagues and then get back to them with an answer. Of equal import, before speaking to my clients, I want to have a firm grasp of their case facts. Even if I’m just calling my clients for quick updates, I will skim over their respective client files to refresh my memory of their specific circumstances. Why? Because it shows them that I care. I don’t want to ask my clients for information readily available to me, nor do I want to confuse one of my client’s case facts with those of another. I could come off as disorganized, or even worse, as someone who does not value their individual circumstances.

To sum it all up, the manner in which you communicate with clients makes a difference. It will dictate their perception of the service you provide – and their perception of you as an attorney.

Even if you can’t help them, they will appreciate the fact that you listened and treated them with respect. The same could be said with your communication with other attorneys. So, make the extra effort, and your reputation will be your reward!

For more information, please contact Camilo Parra at cparra@ legalaidocba.org. For more information on becoming a financial donor or helping with our fundraising efforts, please contact Donna Haynes, Development Director, dhaynes@legalaidocba.org, or by calling 407-515-1850.

Camilo Parra, Esq., is a housing attorney at the Legal Aid Society of the Orange County Bar Association. He has been a member of the OCBA since 2020.

www.orangecountybar.org

theBriefs May 2022 Vol. 90 No. 4

OCBALRIS 2021-2022 Lawyer Referral and Information Service Attorneys and Committee – Thank You for Your Service!

Austin Aaronson Michael Agranoff Vanette Augustin Lynn Aust Joseph Baker Michael Barber Luis Basagoitia Andres Beregovich Michelle Berglund-Harper Frank Blanco Gary Boynton Erin Brown Lauren Brusca Stephen Burt Benjamin Carpenter Nathan Carter Charles Castellon Vanessa Clark Harvey Cohen Corey Cohen Nick Congelossi Richard Culbertson James Cunningham Lee Karina Dani Daniel de Paz Marie Delapena Tushaar Desai

Abigail Edelstein Steven Eichenblatt Mary Ann Etzler Markos Eugenios Michael Ferrin Robert Fisher Kenneth Floyd Russell Frank Clifford Geismar John Gierach Stuart Glenn Amy Goodblatt Gary Israel Mark Jamieson Dushyant Jethwa Debra Johnson Skiles Jones Shaun Keough Young Kim Wayne Klinkbeil Stephen Korshak Steven Kronick Jordan Kuveke-Guyton Jon Lambe Zachary Leacox Tatiana Leo Ana Lopez

James Magee Imran Malik Lyle Masnikoff Bernie Mazaheri Kim McGwier Derek Metts Zeffery Mims Christie Mitchell Thomas Mooney Clint Moore John Morey Michael Morris Jodi Murphy Juan Navarro Thomas Nicholl Evelyn J. Pabon Figueroa T. Bradford Petrino Nikie Popovich Jasmine Prosper-LeGrand Jason Reid Lina Restrepo Walter Rogers Sidney “Sid” Roman Desiree Sanchez Camy Schwam-Wilcox Katherine Schwartz Daniel Sercombe

Kimberly Soto Megan Steinmetz Joseph Sternberg Bill Sublette Bethany Szewczyk Jonathan Torres Jessica Travis William Umansky Zahra Umansky Richard Valle Jenny Vargas de Perez-Corujo Roberto Vazquez Damon Weiss Hurley Whitaker Jonathan Wolf Gregory Zele Committee Lynn Aust-Chair Michael Barber Mark Jamieson Skiles Jones Eric Reed C. Todd Smith Larri Thatcher Ryan Williams Tad Yates

Grow your practice and serve the community!

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

The LRIS referred 8,999 clients and generated more than $2 million in attorneys’ fees last year.

Visit https://www.orangecountybar.org/forattorneys/join-lawyer-referral-service/ to apply or contact candiced@ocbanet.org. theBriefs May 2022 Vol. 90 No. 4

www.orangecountybar.org

PAGE 25

Health and WellnessCommittee continued from page 9

Sundays are rest days, period. No gym - maybe a bike ride, but that’s it. I don’t go out to dinner a lot so when I do I gift myself a sweet tea or a dessert. If I have a sweet treat, like something that came into the office, I just have one and don’t have any others for the day. Sleeping in is always a treat! – Tina Leger I have never had cheat days because I am never so restrictive on myself that I would need a “cheat day.” I try to eat healthy and clean as best as I can, especially during the week. Guilty pleasures are pizza, tacos, queso, anything salty! – Heather Meglino My guilty pleasure is chocolate chip cookies from Gideon’s and Fresh Market. Also, I enjoy a glass of wine with dinner. – Sean McCormack Very much yes. I tend to eat what I want because of my running though I am trying to do better and look more at food as fuel. – Ryan Williams I don’t have a rule for rewards or cheat days. I simply ask myself why I want what I feel myself wanting and whether it will help or hurt what I am trying to achieve. The one rule I have is that I will not feel guilty about my choices. Life is too short. – Hon. Tom Young Do you have a mindfulness practice?

I do not have a mindfulness practice, per se, but I don’t listen to music, books or podcasts while I am working out. That’s my time to be alone with my thoughts. No computer, no phone, no one can ask anything of me while I am working out. That’s probably why I like swimming the best – no one can even talk to me during that!

– Jamie Billotte Moses Yes, purpose and joy with an aim to succeed and grow. I warm up and cool down. – Robin Khanal Remembering that I am doing what I can and it won’t always be perfect keeps me grounded. Although I want to hit all the marks every day, it’s just not possible – and that’s okay! I know that I do more than others and, overall, I am a healthy and active individual. – Tina Leger I don’t use the word “mindfulness,” but I do ready the Bible and pray and reflect. I am more disciplined about physical training than spiritual training, but I know the spiritual training brings more value to my life and blends nicely with the physical training when I am intentional about it. – Wynne McFarlin Yes, but not a structured one. My faith tradition and yoga helped me become aware of the things that I allow to occupy my mind.

Running also serves as my time to reflect on life in general and relationships in general. Being mindful, or aware, of the things for which I have to be thankful gives me peace, especially on those days I feel the pull of negativity. I make time to name the things that I’m thankful for every day. – Hon. Tom Young How do you stay motivated and inspired to remain on your fitness track?

I love to race and you can’t really race without training. It’s just too dangerous. So, if I want to do the races, I have to put in the training. Also, I pay my coach to give me workouts and get me prepared. I am highly motivated to not waste money and to meet his expectations of me. – Jamie Billotte Moses I think that fitness eventually becomes part of your life. I feel it both physically and mentally when I don’t run. They say it takes a

PAGE 26

month to form a habit. I think if you stick with it for long enough, you end up doing it without really noticing. That’s the “sweet spot.”

– Hon. Paetra T. Brownlee I am generally happier and have a more positive outlook on life when I’m active. When I’m not in the mood to workout I try to go on a walk, which by the end I am reminded on just how centering movement can be for me. – Jackie Ebert We have competitions at the gym that keep me inspired. We take before and after pictures and open forums to discuss training and nutrition. – Robin Khanal I love doing fitness in community. I get excited about who I will see at the gym. I can be motivated to go one more day when I look forward to seeing a friend and know that they are going just one more day, too. Having people to talk to about fitness that I feel safe with is huge for me – no judging! – Tina Leger Staying fit and strong takes practice and training so I know I need to get my workouts done in order to achieve my goals. Working out with friends or others makes training more enjoyable because there is a healthy competition and social aspect to it. The training journey leading up to the race is just as fun as race day. – Sean McCormack The number one way I stay motivated is by training with friends.

I do not enjoy training alone. The other way I stay motivated is to sign up for triathlons of all distances and road races of all distances.

That makes me train even when I have to train alone so I am ready for the race. – Wynne McFarlin If I am feeling in a rut or a little unmotivated, I usually will try to schedule a race (if that is possible). I am very competitive so the thought of not performing well is enough to light a fire! I also suggest trying a new fitness class or different activity to change it up. – Heather Meglino Exercise and fitness, particularly running, have been such a part of my life for so long it really is like breathing – it just comes without thought. That said, I try and keep goal races and events on my calendar for motivation. Training with friends and partners also helps accountability. – Ryan Williams You always want to be motivated. There are many days I don’t want to or I don’t have time. But I always feel great after – both physically and mentally – so I will get myself hyped up. A short workout is better than nothing. – Scott Shelton Twenty-five years later, I find that age and the health challenges that come with it serve as a good motivator. My running friends also motivate me and hold me accountable. I also genuinely enjoy running. It sometimes serves as my alone time. It’s an opportunity to clear my head, shed stress, or organize thoughts – often all of the above. – Hon. Tom Young Nicolette A. Kramer, Esq., The Law Office of Nicolette A. Kramer, P.A. She practices HOA & condominium law. Ms. Kramer also serves as Secretary for the Central Florida Association for Women Lawyers and Vice President on the Orange County Teen Court Board of Directors. She has been a member of the OCBA since 2018.

Elizabeth Collins Plummer, Esq., is a partner at Quintairos, Prieto, Wood & Boyer, P.A. who practices civil litigation defense. She is the former President of the Eight Judicial Circuit Bar Association, and is currently the 5th DCA representative for the Florida Defense Lawyers Association. She has been a member of the OCBA since 2012.

www.orangecountybar.org

theBriefs May 2022 Vol. 90 No. 4

Young Lawyers SectionNews YLS on the Move

I

t has been a busy couple months for OCBA YLS! First, we ran/jogged/walked a bit at the OCBA Law Day 5K on March 5 in support of the Legal Aid Society and OCBA Foundation. We couldn’t have asked for a better morning to share in a little fitness and sunshine.

On March 10, we hosted a St. Patrick’s Day Networking Social at À Linnea M. Eberhart, Esq. La Carte, our first big social event of the year! A big round of applause to our committee chairs James Davis and Eloisa Pino for organizing such a fun get together.

St. Patrick’s Day Networking Then we got a little competitive at the OCBA LAWn Day on March 26 and faced off against other local attorneys, bar members, and law school students in a series of crazy games – the inflatable jousting was no joke!

March also saw the triumphant return of Evening with the Judiciary. The event was postponed earlier in the year due to COVID, but that just gave us time to make it even bigger and better. It was a memorable evening of fellowship and fun at the Orlando Museum of Art where we were joined by many members of our local judiciary.

Congratulations and thanks to our committee chairs John Hunt, Lauren Reynolds, and Kathleen Shea for their tireless efforts in making the evening a success.

Evening with the Judiciary

theBriefs May 2022 Vol. 90 No. 4

Our April luncheon spotlighted the efforts of Michelle Sperzel, the Chief Executive Officer of Harbor House of Central Florida. Harbor House is Orange County’s only state-certified domestic violence organization and Ms. Sperzel has been the CEO for the last six years now. In that time, she has led several critical initiatives aimed at community outreach, advocacy, and education. At our luncheon on April 22, Ms. Sperzel shared with us how we can all be a part of the solution and help Michelle Sperzel survivors of domestic violence within our community.

And if that wasn’t enough, we also held our annual book fairs on April 29! We were thrilled to not only provide thousands of books to Washington Shores Elementary School and Orange Center Elementary School, but also spend some one-on-one time with the students. We also screened a book fair exclusive video recording of local judges and lawyers reading from some of their favorite books! Shout out to committee chairs Brian Lawrence, Shayla Mount, and Chloe Zubkin for ensuring our students stay engaged in reading.

Upcoming events: May 13, 2022 – OCBA Trial Lawyers Bootcamp May 14, 2022 – Wills for Heroes May 20, 2022 – May Luncheon Don’t forget to follow us on Facebook, Instagram, and Twitter for more updates! If you attend any of our events, either in person or virtually, tag us @ocbayls and #WeDoMore and #WeRiseAbove on your posts.

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.

YLS at the OCBA Law Day 5k

www.orangecountybar.org

PAGE 27

Voluntary BarNews SideBar

A

long with so much beauty in the air, our Central Florida bar associations have been busy creating beauty of their own as they gear up to make this spring their very best yet.

The Central Florida Chapter of the American Board of Trial Advocates The Central Florida Chapter of the American Board of Trial Advocates (CFLABOTA) held its Alena V. Baker, Esq. Annual Judicial Luncheon on November 16, 2021, at the University Club honoring our judges for their hard work, dedication and commitment to justice.

Trial Attorney of the Year Dan H. Honeywell and CFLABOTA Past President Patricia Doherty

Jurist of the Year Chief Judge Lisa T. Munyon and CFLABOTA Past President Patricia Doherty

Each year CFLABOTA selects and honors a Jurist of the Year and Trial Lawyer of the Year. The Trial Attorney alternates annually between a CFLABOTA plaintiff and defense attorney. This year’s recipient of the Trial Attorney of the Year was plaintiff’s attorney Dan H. Honeywell. Chief Judge Lisa T. Munyon was selected and honored as the Jurist of the Year.

In addition to hosting its Annual Judicial Luncheon, CFLABOTA has launched its own website thanks to the hard work of member Jim Powers. The website can be found at https://cflabota.org. As a means to get know their members more personally, two CFLABOTA members, one plaintiff and one defense, are spotlighted on the website quarterly. The first members spotlighted were plaintiff attorney, Paul Perkins, and defense attorney, Clay “Chip” Coward.

CFLABOTA wishes their current president, Raul Alvarez, the very best and extends the warmest gratitude to their immediate past president retired Judge Patricia A. Doherty.

The Central Florida Association for Women Lawyers Spring has sprung for the Central Florida Association for Women Lawyers (CFAWL)! In addition to the many events that CFAWL has hosted this spring, there have been several members that deserve shout-outs for their amazing accomplishments. CFAWL Co-Membership Director, Ashley Wright, received the Florida PAGE 28

Commission on the Status of Women Spirit of Community Award for her outstanding contributions and service to our community.

She will be presented this award in June. Thanks to the outstanding grant presentation by Sharlene Stanford and Eve Lumsden, CFAWL also received “The Trailblazer” award at the Florida Bar Young Lawyers Division Affiliate Outreach Conference. CFAWL also was awarded the 2021 “Mid-Size Affiliate of the Year,” which encompasses numerous affiliates throughout Florida.

On March 1, 2022, CFAWL hosted another amazing “Cooking with the Court” with Judge Andrew Bain. This virtual event featured Judge Bain’s famous baked mac and cheese. The month of March featured two fantastic Tables for Eight. The first was hosted

by Kimberly Hosley, Jenny Sieg, and Marianne Dorris on March 3, 2022. Members gathered at Maxine’s on Shine to honor Women’s History Month. The theme was “Women Providing Healing, Promoting Hope.” The second Table for Eight was hosted by Judges Christine Arendas and Gabby Sanders-Morency in downtown Kissimmee. Members enjoyed a tea party theme as they donned their favorite attire while enjoying a delicious meal at Diane’s Tea Room.

On Friday, March 4, 2022, CFAWL held its monthly luncheon at the Citrus Club which featured a guided networking luncheon where members were able to mingle and learn more about other CFAWL members’ hobbies and interests. On April 1, 2022, CFAWL’s monthly luncheon featured speaker, Kay Rawlins, Club Founder/SVP of Community Relations – Orlando City Soccer.

The theme was “Taking the High Road,” and members wore purple to show their support.

April continued the trend with another fun filled Table for Eight hosted by Judge Andrew Bain and his wife. Members were treated to many tasty offerings, including grilled lamb shank and cedar plank stuffed salmon. Dr. Andrea Singh provided a decadent chocolate cake for dessert to end the evening.

CFAWL continued its impact in the community on May 1, 2022, with the installation of the Meditation Garden at Harbor House of Central Florida. Earlier this year, CFAWL hosted a family-friendly virtual event, “Painting with a Purpose,” where members and their families painted rocks blooming with hope and joy for the women and children at the Harbor House. These works of art were placed in the Meditation Garden for all to enjoy. CFAWL also raised money for “Providing with a Purpose” to provide all the plants and supplies needed for the Meditation Garden installation.

With all these exciting things going on, you do not want to miss out! The membership renewal period is now open. Make sure to visit www.fawl.org to register and select Central Florida as your chapter. Also, make sure to check our CFAWL’s exciting new website at www.cfawl.org! CFAWL also extends a special thanks to CFAWL Co-Public Relations Director, Alena Baker, and to their website designer, AMA Design, for revamping their website to make it both functional and beautiful.

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.

www.orangecountybar.org

theBriefs May 2022 Vol. 90 No. 4

CFAWL Tea Party: Ronnald Mejia, Judge Gabrielle SandersMorency, Judge Christine Arendas, Vanessa Clark

Eve Lumsden, Sharlene Stanford

Member Benefit!

Remote Online Notarization The OCBA offers members a remote notarization service (small administrative fee applies). OCBA staff will guide you through the process and manage the identity verification and video conference components of each transaction, as well as a record-keeping as legally required.

Medal winners: Sonia McDowell, Mary Walter, Kimberly Lorenz

theBriefs May 2022 Vol. 90 No. 4

Learn more at https://bit.ly/2K49ACD

www.orangecountybar.org

PAGE 29

GuestColumn

continued from page 13

Mediation as dispute resolution is no longer alternative. With a rate of trial lying around one percent of all civil cases, mediation provides case resolution and finality at an exponentially higher rate at much lower cost. Moreover, there are no appeals from mediation.

So, it is necessary for the courts to provide a helpful nudge and to realign expectations and modify litigation norms by setting an early deadline for the few who fail to see the value of it. To be sure, some will object to early mediation mandates, but that is a natural reaction to a change in a long-standing custom and practice, even when the change is efficient and justifiable. Let’s look at it differently. What studies were cited in the 1980s to then justify the custom of setting mediation deadlines months down the road at the end of the discovery period? There were none. It was a clever trick, a psychological ploy to deflect early objectors. There are no studies today suggesting protracted litigation expense is preferable to early settlement talks or that non-binding arbitration beats mediation on any economic or public policy model.

By virtue of unexamined habit and custom originating in the 1980s, courts set the mediation deadline toward the end of the discovery period via a case management or pretrial order. This was and is a bad practice but easy to remedy. We know early mediation works because many large institutional clients already employ early mediation initiatives, for example, to resolve employee-labor claims. Presuit mediation is already common. Some insurance carriers use early mediation to resolve a myriad of liability claims.

You don’t read about companies walking away from early mediation initiatives because people hate it or because it is horribly expensive and routinely fails.

Early mediation provides clients an important emotional and cathartic outlet. They obtain access to justice by actively participating in a more immediate, logical, balanced, and consensual process.

Mediation is an emotional boon to litigants of all kinds. Being heard is really important. Lawyers forget this. Litigation or arbitration silences the client.

As trial lawyer and friend Jeff Deery notes, “Mediation is not a pass/fail exam.” An impasse at early mediation is not a failure of process. A mediation is plenty good if it reveals new information or necessary parties, crystalizes legal issues, and illuminates that which is truly disputed or needs to be investigated. Mediation also allows for a customizable party-centric settlement which frequently contains relief no arbitrator or judge can provide.

A legion of cases hold, “Florida has a strong public policy favoring settlement.” Apparently, what we sorely lack is a strong public policy favoring early settlements. Litigants want the dispute resolved.

Courts want to eliminate cases from the docket and shorten the life-cycle of filed suits. We can find no compelling public policy objection to early mediation deadlines in case management orders.

Early mediation has the rare virtue of being pro-business and pro-consumer, albeit for distinct reasons. Ordering early mediation in lieu of non-binding arbitration is a more cost-effective and publicly positive vehicle for resolving the backlog of cases due to COVID. Non-binding arbitration should not be ordered, much less as an alternative to mediation because it is not; it is adversarial, costly, lacks finality, and, frankly, stinks.

David W. Henry, Esq., Henry Mediation, P.A. He provides mediation services in a wide variety of matters ranging from personal injury, insurance, premises, products, professional liability, intellectual property, construction, community association, and real estate disputes. He has been an OCBA member since 1995.

PAGE 30

The Orange County Bar Association (OCBA) encourages all members to utilize the services of these vendors, who provide quality products and services and are supporters of the OCBA. Many businesses on the list offer special promotions or discounts to help you grow your practice.

To become a Preferred Vendor, contact our Advertising & Sponsorship Department.

•Legal Support Services• Casetext – A smarter legal research platform that saves attorneys time and money through cutting-edge research tools, including artificial intelligence technology, comprehensive materials, and affordable pricing.

OCBA members receive 15% off after a free 14-day trial at: https:// info.casetext.com/orange-county.

Clio – The most widely-used, cloud-based practice management system in the world • OCBA members in good standing receive a 10 percent lifetime discount on the monthly subscription fee | Clio.com/OCBA. DocuSign NPP – Members are eligible to receive special pricing starting at 10% off new or additional subscriptions. Custom pricing and rebates available for subscriptions that meet or exceed annual spend requirement. Enroll with NPP and start saving today!

•Professional Services• FirmPro – by C&R Insurance Services, LLC helps protect law firms with 1-9 attorneys and offers a discounted rate to attorneys averaging less than 26 billable hours per week. With 17 years of experience, we bring our knowledge and access to Hudson Insurance Group (rated an “A” Excellent admitted carrier) to Florida attorneys. To get a quote, please visit: www. insuringlawyers.com/get-insurance-quote.

Florida Lawyers Mutual Insurance Company – Created by The Florida Bar, Florida Lawyers Mutual provides high-quality professional liability insurance to help protect Florida lawyers and their clients, while providing personal service that no one can match. • 800-633-6458 Seacoast Bank – Your Florida community bank • Johanna Proctor • 250 N Orange Ave, Orlando, FL 32801 • 407-916-9804 | Johanna Proctor@ seacoastbank.com.

National Purchasing Partners – NPP is a member benefit provider of The Orange County Bar Association, Florida, and helps members reduce costs with exclusive pricing through a variety of brands used by millions of businesses nationwide. Visit mynpp.com/association/ocba/

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

www.orangecountybar.org

theBriefs May 2022 Vol. 90 No. 4

For complex immigration matters made simple, this is where you want to

BrownImmLaw.com 407.753.4469

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

20 or More Members

Carr Law Firm, P.A. Compass Law Culbertson Law Group Cullen & Hemphill, P.A. Davey Law Group, P.A. Debra Wilkinson Botwin, LLC 10-19 Members DeCiccio & Johnson Colling Gilbert Wright & Carter, LLC Dellecker Wilson King McKenna Ruffier & Fisher Rushmer Legal Aid Society of the Orange County Bar Sos, LLP Divine & Estes, P.A. Association, Inc. Marshall, Dennehey, Warner, Coleman & Fassett, Anthony & Taylor, P.A. Flammia Elder Law Firm Goggin Forward Law Firm P.A. McDonald Toole Wiggins, P.A. Gans Law, P.A. 2-9 Members Anderson & Ferrin, Attorneys at Law, P.A. Gasdick Stanton Early, P.A. Giles & Robinson, P.A. Artemis Family Law Group, PLLC GoodBlatt – Leo Arwani Law Firm Green Family Law, P.A. Aust Law Firm Harris Harris Bauerle Ziegler Lopez Barrister Law Firm, P.A. Hilyard, Bogan & Palmer, P.A. Barry Miller Law Hornsby Law Beshara, P.A. Rumberger, Kirk & Caldwell P.A. Shutts & Bowen, LLP Wicker, Smith, O’Hara, et al.

Winderweedle, Haines, et al.

theBriefs May 2022 Vol. 90 No. 4

Infocus Family Law Firm, P.L. Jill S. Schwartz & Associates, P.A. Keating & Schlitt, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Korshak & Associates, P.A. Kosto & Rotella, P.A. Law Offices of Brent C. Miller, P.A. Law Offices of Horwitz & Citro, P.A. Marcus & Myers, P.A. McMichen, Cinami & Demps PLLC McMillen Law Firm, P.A. McShane & McShane Law Firm, P.A. Meenakshi A. Hirani, P.A. Men’s Divorce Law Firm Morgan, White-Davis & Martinez, P.A. Murphy & Berglund, PLLC N. Diane Holmes, P.A. O’Mara Law Group Page & Eichenblatt, P.A. Perez LaSure, LLC Rebecca L. Palmer Law Group

www.orangecountybar.org

Sawyer & Sawyer, P.A. Schwam-Wilcox & Associates SeifertMiller, LLC Shannin Law Firm, P.A. Stovash, Case & Tingley Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Brennan Law Firm The Elder Law Center of Kirson & Fuller The Fighter Law Firm, P.A. The Law Office of Michael L. Dear, PLLC The Llabona Law Group The Marks Law Firm, P.A. The Skambis Law Firm Warner & Warner, P.L. West Family Law Group Wieland & DeLattre, P.A. Wilson McCoy, P.A. Wooten Kimbrough, P.A. Yergey & Yergey, P.A.

PAGE 31

CLASSIFIED ADS EMPLOYMENT LITIGATION ATTORNEY / QUALIFICATIONS: Winderweedle, Haines, Ward & Woodman, P.A. is currently seeing a litigation associate with 2-3 years of experience in commercial litigation to start immediately. Strong research and excellent writing skills as well as possess strong/persuasive oral advocacy. Ability to provide excellent customer service to our clients with a client-first mindset. Highly organized self-starter, with clear and concise communication style. Licensed member of The Florida Bar and in good standing. Agility to work in a fast-paced evolving environment. Responsibilities: Draft/ review substantive pleadings and motions. Respond to motions & discovery. Communicate in a highly effective manner with team members and clients. Taking the lead and running with a case Benefits: A strong and diverse culture and work-life balance. Full range of benefits including health insurance, long-term disability insurance, life insurance and 401(k) with employer contribution. Beautiful Park Avenue location. Who we are: Winderweedle, Haines, Ward & Woodman, P.A. began representing clients in 1931.

We have had the pleasure of serving individuals and institutions in our community.

We have strived to earn the trust and confidence of our clients and the greater community, resulting in the firm’s reputation for lasting relationships that are steeped in commitment and care. We are truly humbled to serve the people and businesses of Central Florida, the Southeast and beyond for nearly a century.Send resume to ARoy@ whww.com & TKiley@whww. com.

PAGE 32

ASSISTANT STATE ATTORNEY FOR SEX CRIMES. The State Attorney’s Office for the 9th Judicial Circuit (Orange & Osceola Counties) is currently accepting applications from experienced prosecutors with a strong interest in sex crimes prosecutions. Prior experience in sex crime prosecution is a plus, but not required. Applicants must also possess a strong interest in courtroom litigation, with excellent communication and critical thinking skills. Positions in this classification generally perform high-level, professional legal work and will assist in the prosecution of cases of routine complexity. Only active members of the Florida Bar in good standing should apply at this time. The salary range for Sex Crimes is $53-60k. If interested, please send a cover letter, resume, and final law school transcript via e-mail to ASA-Recruiting@sao9.org.

ASSISTANT STATE ATTORNEY, CHILD ABUSE CASES. The State Attorney’s Office for the 9th Judicial Circuit (Orange & Osceola Counties) is currently accepting applications from prosecutors with significant experience in child abuse cases (2 year minimum; 5 years or more a plus). Applicants must also possess a strong interest in courtroom litigation, with excellent communication and critical thinking skills.

Positions in this classification generally perform high-level, professional legal work and will assist in the prosecution of cases of routine complexity.

Only active members of the Florida Bar in good standing should apply at this time. The salary range for Child Abuse is $55-62K.If interested, please send a cover letter, resume, and final law school transcript via e-mail to ASA-Recruiting@ sao9.org.

DOMESTIC & SEXUAL ABUSE CRIMES UNIT: State Attorney’s Office for the Ninth Judicial Circuit of Florida is responsible for the prosecution of all crimes committed in Orange and Osceola counties. The Domestic & Sexual Abuse Crimes Unit is dedicated to protecting the most vulnerable citizens of Orlando through the prosecution of sex offenses, child abuse, domestic violence, vulnerable adult abuse, and human trafficking cases. The Orlando SAO Domestic & Sexual Abuse Crimes Unit has offices in Orange and Osceola Counties.

This unit utilizes a victim-centered approach to prosecution that seeks to minimize re-traumatization by providing the support of victim advocates who are present throughout the criminal justice process to address survivors’ well-being and safety. The Starting salary is $65K for Domestic and Sexual Abuse Crimes Unit. If interested, please send a cover letter, resume, and final law school transcript via e-mail to ASA-Recruiting@sao9.org.

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, fast-paced environment, excellent compensation, great people to work with. Send your resume ASAPto mheaberlin@gobelflakes. com.

DOWNTOWN ORLANDO LAW OFFICE SEEKING A 5+ YEAR FULL-TIME LITIGATION PARALEGAL with experience in insurance defense

www.orangecountybar.org

and/or plaintiff’s personal injury litigation. Benefits and salary are based on experience.

E-mail your resume to: dianna@ vasko.net GROWING ORLANDO AV RATED CIVIL LITIGATION FIRM SEEKING TWO ATTORNEYS one with 2-5 years experience and one with 5 to 10 years experience. Prior trial experience is a plus. Excellent salary and benefits. Please send resume in confidence to Gary@vasko.net.

DOWNTOWN ORLANDO LAW FIRM seeking a BI Insurance Defense trial paralegal.

Starting salary of $95,000 annually with a $5,000 signing bonus. All applications will be kept confidential. Please send resumes to mheaberlin@gobelflakes.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@gobelflakes.com.

EXPERIENCED COMMERCIAL LITIGATION ATTORNEY wanted for established Orlando firm with 13 Central Florida offices. Seeking experienced Florida licensed attorney – Construction law experience a plus – Excellent analytical and writing ability a must. 4-8 years experience preferred. Outstanding opportunity to join growing law firm. Great team environment.

Competitive salary and benefits. Email resume to mary@ boginmunns.com.

theBriefs May 2022 Vol. 90 No. 4

EXPERIENCED LITIGATION ATTORNEY for plaintiff’s personal injury and first party insurance law firm located in Altamonte Springs. Growing dynamic law firm seeks attorney with minimum 2 years’ experience in the courtroom. Will be responsible for handling a caseload assigned by the firm, as well as developing their own clients. Attorney will be responsible for client sign-ups, initiating litigation, taking depositions, attending hearings, preparing for and presenting at mediation and trying cases. This is a unique opportunity to advance and grow a practice within a practice. Candidate must be a self-starter, motivated, enthusiastic, and creative. We like out-of-the-box thinking when approaching our cases. Salary has unlimited potential because the position is a combination of base pay plus a percentage of fees recovered. The firm offers health insurance, disability insurance, dental, optical and life insurance. 401(k) and profit sharing is also included. Candidate should submit a resume, and cover letter to jbridges@ brehnelaw.com.

matters Experience with E-Filing software and procedures. Familiarity and compliance with judicial orders Please send resumes: jmccallister@rocklawpa.com.

FAST-PACED INSURANCE DEFENSE FIRM LOCATED IN MAITLAND, FL is searching for a Legal Assistant. The firm handles first-party property/liability coverage issues. Insurance defense and strong litigation experience preferred. Experience with calendaring, scheduling of depositions, and court reporters as needed. and follow up as it relates to discovery

OFFICE SPACE

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) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751.

MOORE INGRAM JOHNSON AND STEELE, LLP is a full-service, 90-lawyer firm with 8 locations across the southeast. We are seeking a workers’ compensation attorney for our Orlando office, which has 5 attorneys. We are looking for someone with 2-4 years of litigation experience. We offer hands-on training and mentoring, so while workers’ compensation experience is preferred, it is not required. Send resume to keyoung@ mijs.com.

HISTORIC BUILDING ON LAKE LUCERNE has office spaces/suites available, great parking, conference rooms, and shared receptionist available; email inquiries seichenblatt@floridalawonline.com / see photo link: https://bit.ly/OfficeSpacePhotos

OFFICE SPACE FOR RENT – includes space for assistant. Located at 7212 Curry Ford Road, Orlando, Florida 32822. Plenty of parking, shared conference room & kitchen. Email inquiries to rentals@ tejeslaw.com.

STORAGE SPACE LOCATED A HALF A BLOCK FROM DOWNTOWN ORLANDO COURTHOUSE – The spaces are 11 x 13 feet and carpeted and AC at 74 degrees. Perfect for old file storage. Call Frank M. Eidson, P.A. at 407-245-2887.

Find the perfect business gift with 1-800 Flowers and NPP!

Explore exclusive flowers & gourmet gifts while saving on your purchases.

OCBA members save on 1-800 Flowers with their membership. https://mynpp.com/association/ocba/

National Purchasing Partners – NPP is a member benefit provider of The Orange County Bar Association, Florida, and helps members reduce costs with exclusive pricing through a variety of brands used by millions of businesses nationwide.

Looking LookingFor ForAA Change?

Change?

With in in your With285 285employers employersand and395 395listed listedjobs jobs your field – you have options! field – you have options!

OCBA OCBAmembers membershave haveaccess accessto:to: ❚❚Resumé Resuméreview review ❚❚Discounted Discountedjobjobpostings postings ❚❚Sign new Signupupforforauto autoemail emailalerts alertsof of new positions available – and so much more! positions available – and so much more!

Go to: Go to: https://orangecountybar-jobs.careerwebsite.com to seek or post jobs https://orangecountybar-jobs.careerwebsite.com to seek or post jobs

Or contact Ursla Gallagher at: Or contact Ursla at: information!

407-4224551 ext.Gallagher 244 for more 407-422- 4551 ext. 244 for more information! theBriefs May 2022 Vol. 90 No. 4

www.orangecountybar.org

PAGE 33

Orange County Bar Association Installation Ceremony & Dinner Wednesday, May 18, 2022

MAY

3 Professionalism Committee Meeting

12:00 p.m. – 1:00 p.m.

OCBA Center

Real Property Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual

LAS Lunchtime Training

THE ALMIGHTY DOLLAR: Learning How to Complete and Comply with the Financial Requirements of an Indigent Family Law Case

12:00 p.m. – 1:00 p.m.

OCBA Center with virtual option

4

Member Perks

Speaker: N. Diane Holmes

Sponsored by Seacoast Bank 8:00 a.m. – 9:00 a.m.

OCBA Center

Sponsored by Seacoast Bank

Business Law Committee Seminar

An Overview from the Court for Practitioners with Business Law Cases in Small Claims and County Court

12:00 p.m. – 1:00 p.m.

OCBA Center

Immigration Committee 5 Meeting 12:00 p.m. – 1:00 p.m.

Virtual

Law Week Committee Meeting 12:00 p.m. – 1:00 p.m.

OCBA Center with virtual option

11

Lawyers Literary Society Committee Meeting

Thomas Pynchon, Vineland

12:00 p.m. – 1:00 p.m.

Virtual

Judicial Relations Committee Meeting 12:15 p.m. – 1:15 p.m.

Judicial Conference Room (23rd Floor) / with virtual option Criminal Law Committee Meeting 12:00 p.m. – 1:00 p.m.

OCBA Center

12 PAGE 34

5:00 p.m.- 6:00 p.m. Cocktail Hour 6:00 p.m.- 7:00 p.m. Dinner & Installation Ceremony Embassy Suites by Hilton Downtown Orlando 191 E. Pine St., Orlando, FL 32801 RSVP by May 13 // orangecountybar.org/store

Family Law Committee Seminar

Becoming Board Certified Master Class

12:00 p.m. – 1:00 p.m.

OCBA Center with virtual option

Sponsored by Soberlink

Civil Rights Law

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

Virtual

Social Security Committee Meeting 12:00 p.m. – 1:00 p.m.

OCBA Center

13

Trial Lawyers Bootcamp

Anatomy of a Trial: The Rosenburg Spy Case 8:00 a.m. – 5:30 p.m.

George C. Young Federal Annex Courthouse Sponsored by Haliczer Pettis & Schwamm

OCBA Solo & Small Firm 17 Committee Meeting

8:00 a.m. – 9:00 a.m.

Virtual

LAS Lunchtime Training

Education Advocacy for Dependent Children

12:00 p.m. – 1:00 p.m.

OCBA Center with virtual option Appellate Committee Meeting 12:00 p.m. – 1:00 p.m.

OCBA Center Elder Law Committee Meeting 12:00 p.m. – 1:00 p.m.

Virtual

OCBA Installation Dinner 5:00 p.m. – 7:00 p.m.

Embassy Suites by Hilton Orlando Downtown

18

19

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

OCBA Center with virtual option

Health & Wellness 25 Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual OCBA Office Closed

30

JUNE

Business Law Committee 1 Seminar

From Business Litigator to Problem Solver: The Habits of Highly Successful Mediation Advocates

12:00 p.m. – 1:00 p.m.

OCBA Center

Immigration Committee 2 Meeting

12:00 p.m. – 1:00 p.m.

Virtual

Law Week Committee Meeting 12:00 p.m. – 1:00 p.m.

OCBA Center with virtual option

6-9Traffic Hearing Officer

Certification Training

7

Family Law Committee Seminar

Becoming Board Certified Master Class 12:00 p.m. – 1:00 p.m.

OCBA Center with virtual option

Sponsored by Soberlink

8:30 a.m. – 5:30 p.m.

OCBA Center Professionalism Committee Meeting

12:00 p.m. – 1:00 p.m.

OCBA Center Real Property Committee Meeting 12:00 p.m. – 1:00 p.m.

Virtual

LAS Lunchtime Training

An Introduction to Debt Collection and Garnishment Actions

12:00 p.m. – 1:00 p.m.

OCBA Center

Law 9 Criminal Committee Meeting

12:00 p.m. – 1:00 p.m.

OCBA Center

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

Virtual

Social Security Committee Meeting 12:00 p.m. – 1:00 p.m.

OCBA Center Elder Law Committee Meeting 12:00 p.m. – 1:00 p.m.

Virtual

15

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

OCBA Center ADR Committee Meeting 12:00 p.m. – 1:00 p.m.

OCBA Center with virtual option Family Law Committee Seminar

A Great Debate: Litigation or Collaborative Process – How to Choose?

12:00 p.m. – 1:30 p.m.

OCBA Center with virtual option Solo & Small Firm Committee Meeting 8:00 a.m. – 9:00 a.m.

Virtual

16 17

21

LAS Lunchtime Training A Great Debate: Litigation or Collaborative Process – How to Choose?

12:00 p.m. – 1:00 p.m.

OCBA Center with virtual option

Health & Wellness 22 Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual

YLS Board Meeting 5:30 p.m. - 7:00 p.m.

OCBA Center Please note that live OCBA and Legal YLS Luncheon Aid seminars and events may be offered Lawyers Literary Society 11:30 a.m. – 1:00 p.m. virtually, prerecorded, postponed, Committee Meeting

Citrus Club Nancy Weber • Hon. Heather cancelled. Please follow the most

Dennis Pinder Lehane, Rodriguez Shutter • LoriorCaldwell-Carr current news in the OCBA’s weekly Juna Pulayya • Lorna Truett • Andrew Windle Island newsletter eblast and on the OCBA and

12:00 •p.m.

– 1:00 p.m. • Mark O’Mara LAS websites and social media.

Hon. Tesha Ballou Susan Staggs

Virtual

20

8

www.orangecountybar.org

theBriefs May 2022 Vol. 90 No. 4