Issuu

A Publication of the Orange County

Bar Association

OCBA Committee Chairs

Inside this Issue: Presidentâ€™s Message OCBAâ€™s Committees Provide Opportunities for You to Grow Personally and Professionally Richard S. Dellinger, Esq. Orange County Bar Association Committees November 2018 Vol. 86 No. 9

Professionalism Committee Constant Contact Increases the Opportunities for Civility and Professionalism Patrick M. Delaney, Esq. Legal Aid Society News What You Do at Your Lowest Point Defines Who You Will Be Laura Maria Gutierrez, Esq.

Your Medical Malpractice Attorneys Contact us for co-counsel opportunities

SERIOUS INJURIES. PROVEN RESULTS. MEDICAL MALPRACTICE | WRONGFUL DEATH | PERSONAL INJURY Orlando 407 841 9866

theBriefs November 2018 Vol. 86 No. 9

WWW.HPSLEGAL.COM

Fort Lauderdale 954 523 9922

www.orangecountybar.org

PAGE 1

the Briefs

Contents 3

President’s Message OCBA’s Committees Provide Opportunities for You to Grow Personally and Professionally Richard S. Dellinger, Esq.

Professionalism Committee Constant Contact Increases the Opportunities for Civility and Professionalism Patrick M. Delaney, Esq.

Editor Kate T. Hollis, Esq.

Legal Aid Society GAL Tips Twice Blest Sally McArthur, Esq.

Associate Editors Karen L. Middlekauff, Esq. & Robyn M. Kramer, Esq.

Hearsay Columnist Vanessa A. Braga, Esq.

Hearsay Vanessa A. Braga, Esq.

YLS on the Move Heather M. Meglino, Esq.

SideBar Alena V. Baker, Esq.

Paralegal Post Mentorship Gives Meaning to Real-World Practice Paul Pelton, FRP

w OFFICERS Clerk’s Corner Richard S. Dellinger, Esq., President More Website Advances Make Doing SideBar Anthony F. Sos, Esq., President-elect Business with My Office Easier Alena V. Baker, Esq. LaShawnda K. Jackson, Esq., Treasurer Tiffany Moore Russell, Esq. Eric C. Reed, Esq., Secretary Health & Wellness Committee w Stress is an Opportunity to Shine! EXECUTIVE COUNCIL Chief’s Column William D. Umansky, Esq In the Spirit of Giving Euribiades Cerrud, II, Esq. The Honorable Frederick J. Lauten Law Week News Amber N. Davis, Esq. Volunteer Today to be Part of William A. Davis, Jr., Esq. Law Week 2019! Orange County Bar Association Committees Thomas B. Feiter, Esq. Lorraine N. Pitre, Esq. Kate T. Hollis, Esq. Andrew P. Irvin, Esq. Eric B. Jontz, Esq. Feature Kristopher J. Kest, Esq. Bankruptcy and Divorce at a Crossroads New Members Karen L. Persis, Esq. Kenneth D. Herron, Jr., Esq. Gary S. Salzman, Esq. Announcements Jessica A. Travis, Esq. OCBA September Luncheon William D. Umansky, Esq. M. Ryan Williams, Esq. Classifieds Elizabeth F. McCausland, Esq., Ex-officio 27th Annual OCBA-YLS Golf Tournament Jill D. Simon, Esq., YLS President w Calendar YLS on the Move EXECUTIVE DIRECTOR Heather M. Meglino, Esq. Kimberly Homer, Esq. w Legal Aid Society News Marketing & Sponsorship Manager What You Do at Your Lowest Point Joan Giovanni Defines Who You Will Be w Laura Maria Gutierrez, Esq. Publication Services Peggy Storch

36 39

10-14 15

20-21

22-23

880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 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

DEADLINE INFORMATION

Advertising – 10th of the month prior to the month of publication Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such. All contents ©2018 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Flo Boehm, Boehm & Boehm Forensic Media Consulting ISSN 1947-3968

PAGE 2

www.orangecountybar.org

theBriefs November 2018 Vol. 86 No. 9

President’sMessage

November 2018 F Richard S. Dellinger, Esq.

OCBA’s Committees Provide Opportunities for You to Grow Personally and Professionally

rom 1969 through 1970, my law firm’s founding partner, John Lowndes, Esq., was president of the Orange County Bar Association, Inc. (“OCBA”). You can find pictures of the OCBA membership from that year hanging at the bar center. During that year, pictures of the entire membership of the OCBA fit on one poster-sized board; and during that year, the population of the City of Orlando was just 99,000. Orlando and the OCBA have grown exponentially since 1969. As of July 31, 2018, the OCBA had 3,477 members and the population of Orlando was 277,173. In Orange County, the population grew from 344,311 in 1970 to 1.348 million in 2017. This tremendous growth was accompanied by a trend towards specialization in the practice of law. Lawyers are no longer simply designated as litigators or transactional lawyers – they are tax lawyers, family lawyers, criminal lawyers, personal injury lawyers, real estate lawyers, estate planning lawyers, defense lawyers, corporate lawyers, intellectual property lawyers, in-house counsel, employment lawyers, bankruptcy lawyers, civil rights lawyers, landlord tenant lawyers, immigration lawyers, and others! Our members practice in a broad spectrum of legal practices. They come from small and large practices, work in law firms and businesses, and work in private practice and in government. Our bar brings those interests together and engages our members as a whole, but we also engage our members on an individual level within their more specialized interests. The OCBA has twenty-five substantive law committees and four special program committees for our membership. The OCBA has the following committees: ADR; Appellate Practice; Bankruptcy; Business; Civil Rights Law; Construction; Criminal; Diversity & Inclusion; Elder; Estate, Guardianship &Trust; Family; Gala; Health & Wellness; Inhouse Counsel; Insurance; Intellectual Property; International & Immigration; Judicial Relations; Labor & Employment; Law Week; Lawyers Literary Society; Membership; Professionalism; Real Property; Social; Social Security; Solo & Small Firm; Tax; Technology; Veterans; and Workers’ Compensation. The four largest committees of the OCBA are Family Law, Business, Criminal, and Solo & Small Firm. Members of those committees rou-

theBriefs November 2018 Vol. 86 No. 9

tinely interact with one another and assist each other in their practice. The Family Law Committee holds monthly meetings, training sessions, judicial updates, and a holiday party that is the envy of the bar. The Business Law Committee meets regularly to talk about issues in business law, and currently the Business Law Committee is taking the lead on funding the court and reviving the Business Court. The Criminal Law Committee brings together prosecutors, defense attorneys, and judges to discuss their practice and build relationships. The Solo & Small Firm Committee provides helpful business information to its members by holding meetings and operating a list-serve to share information, facilitate referrals, and help one another manage their practices efficiently and profitably. Committees form a vital link between our members and the judiciary. Committee members frequently get to know their judges by meeting them and hearing them speak at lunches and receptions planned by the committees. And, the OCBA Judicial Relations Committee serves as a clearing house for sharing information among bar leaders and administrative judges for each of the divisions in the court. OCBA members who participate in the Judicial Relations Committee meetings develop a working relationship with our judiciary and strengthen the relationship between the bench and the bar. As our bar continues to grow and trend toward specialization, committees also help bring our differing groups together, providing a vital outlet for members to interact with one another, share information, contribute to the growth of members’ practices, and enhance the practice of law in Central Florida. This could not be done without committed committee chairs, who tirelessly dedicate their time to the bar. This edition of The Briefs is dedicated to our active committees and our respected committee chairs and co-chairs. Thank you to all of you who have agreed to serve. I am a long-time, active member of the OCBA Business Law Committee, the Intellectual Property Committee, and the Judicial Relations Committee. I currently serve on numerous other committees due to my position within the bar. If you are not yet involved with a committee, I highly recommend you join today. Committee membership is free and is one of your member benefits.

www.orangecountybar.org

continued page 35

PAGE 3

ProfessionalismCommittee

I Patrick M. Delaney, Esq.

Constant Contact Increases the Opportunities for Civility and Professionalism

became a member of The Florida Bar in 2010. One year later, the Florida Supreme Court took another affirmative step toward raising the level of professionalism and civility among the bar by adding a civility pledge to the Oath of Admission to The Florida Bar.1 At the time, I was admittedly a bit naive regarding unprofessional behavior. I had only worked as a public defender in the Fifteenth Judicial Circuit, and my experience was largely positive. While disagreements happened between my office and the Office of the State Attorney, both sides were able to work cordially on a daily basis. After three years, and many trials in County Court, Juvenile Court, and Circuit Court, I left the Office of the Public Defender and went to work for the Attorney General’s Office. As an assistant attorney general with the Capital Collateral Division, I was responsible for the appeals to the Florida Supreme Court and post-conviction process of capital punishment cases. During my tenure as assistant attorney general, I quickly began to see a different side of professionalism and civility among the bar. In March 2016, I moved to Orlando and made the switch to civil law. I joined the Orange County Bar Association’s (“OCBA”) Professionalism Committee and sought to apply my experience as a litigator to the ongoing efforts to raise the level of professionalism and civility within the bar. I have remained an active participant in the OCBA Professionalism Committee, and I have also served as a member of the Ninth Judicial Circuit’s Professionalism Panel, which acts as a form of informal dispute resolution for unprofessional conduct. Since I made the switch to civil law, I have come to see that attorneys practicing in the civil arena are more susceptible to personal attacks from their opposing counsel during the course of a case. Inevitably, we have all heard the adage that “criminal law is more civil than civil law.” Most people outside the legal system are surprised by this admission, but seldom does anyone ever ask why. After all, criminal law involves intensely personal cases. A criminal act generally requires intent on the part of the defendant, and the victims may feel personally violated. After being charged with a crime, a defendant’s livelihood, if not freedom, is at risk. Criminal cases are resolved through either a nolle prosequi of the charges, or a criminal sentence, which Florida defines as “punishment.”2 The Florida Criminal Punishment Code plainly states, “[t]he primary purpose of sentencing is to punish the offender. Rehabilitation is a desired

PAGE 4 www.orangecountybar.org

goal of the criminal justice system, but is a subordinate to the goal of punishment.”3 This punishment takes the form of either jail time, prison time, and/or some form of probation – situations which have far reaching impacts on not just the defendant, but his or her family as well. Intent, a victim, blame for wrongdoing, and the aspect of punishment are all elements for litigation that one would expect to become personal between opposing counsels. Most civil cases, on the other hand, do not involve an intentional harm. How is it then that counsel in the civil arena can appear more prone to personal attacks and unprofessional conduct than those in the criminal arena? The answer does not lie within the overgrown nature of an attorney’s caseload. Over the years, I have seen caseloads for civil, criminal, and appellate lawyers all exceed their recognized norms. I have also learned that all attorneys work hard and are invested in their cases. So, what then is the difference between the civil bar and the criminal bar? One reason is perhaps the physical difference in the makeup of a criminal charge and a civil lawsuit. In a criminal case the victim is not an actual party. The State of Florida is the party bringing the charges, and they represent the interests of the state. The victim has a right to be heard and will undoubtedly be informed regarding specific matters at crucial stages of the proceedings,4 but the reality is that the state attorney can determine the ultimate resolution even when the victim objects to the outcome.5 In a civil lawsuit, however, the injured plaintiff and the accused defendant are both direct parties to the case. This immediately creates additional tension between the parties involved in the lawsuit. Counsel for both the plaintiff and the defendant cannot resolve a case without the informed consent of their client. Another explanation is perhaps the daily contact criminal attorneys have with one another. Most criminal attorneys get their start at either the Public Defender’s Office or a prosecutor’s office. Both public defenders and prosecutors are often assigned to a specific division and stay there for months at a time. These assignments require daily court appearances and one-on-one contact with opposing counsel. Lawyers in these divisions quickly build relationships that are both professional and personal. Criminal lawyers in the same division often spend between 15 to 19 hours together within the first week of a division assignment, depending on the size of a caseload and the

theBriefs November 2018 Vol. 86 No. 9

size of a division’s docket. This constant contact between opposing sides helps build familiarity with each other. The relationships that develop are then buttressed by an ever-evolving understanding of the subject matter and the law. The direct personal contact also allows opposing sides to view each other as professionals and not just an opponent. Finally, the dynamic within a criminal division fosters a need for cooperation between opposing sides in order to accomplish a common goal. Now, this is not to say that disagreements do not happen, because they do. But, when one sees the same opponent on a daily basis, the situation dictates and encourages a professional environment. To do otherwise is unproductive. Unfortunately, today’s dynamic of civil law makes it increasingly difficult to form a personal and professional relationship between opposing sides. Leon Handley, Esq., Of Counsel at Rumberger, Kirk & Caldwell and past president of the OCBA, has seen the dynamic of civil law in Orange County evolve since his admission to The Florida Bar in 1951. In Mr. Handley’s opinion, “the personal nature of the Civil Bar has been marginalized by the overall size of the bar.” This is an important point that should not be overlooked. In 1965, there were 500 members of the OCBA.6 Currently, there are 3,477 members of the OCBA. The Florida Bar has experienced similar growth.7 Simply, the sheer size of the bar has made it difficult to learn who you can trust. The number of attorneys has also greatly increased the number of cases in the

Ninth Judicial Circuit. A judge’s time is valuable, and it can be difficult to schedule in-court hearing time. Court appearances for civil cases are therefore becoming few and far between. The end result is that civil attorneys are more reliant on e-mails rather than phone calls, and more reliant on phone calls rather than in-court appearances. When the only contact with opposing counsel is both electronic, and sporadic, it becomes easy to stop considering your opponent as a professional advocate with a client, and simply view them as the opposition. Advertising and television media have also altered the relationships of attorneys. More and more attorneys seem to market themselves on “aggressive” representation, and a “win-or-bust” mentality. In addition, there are countless fictional legal television shows and movies, including Suits, The Good Wife, How to Get Away with Murder, Damages, The Practice, Boston Legal, and The Firm, that feature a quick-witted protagonist who can often times get the better of his or her opponent by lodging personal attacks and threatening a baseless action. The constant bombardment from these forms of media affects attorneys, and more importantly, their clients. A prospective client wants to know that he or she has quality legal representation and if said client is unfamiliar with the members of the legal system, they will likely select the attorney making the most noise. In turn, the attorney feels a need to continued page 35

Nominations Now Open for Leadership Positions Nominating Guidelines The following elected leadership positions are open for nominations:

OCBA Executive Council (One-year term for each position: June 1, 2019, through May 31, 2020.) • Vice President/President-Elect • Treasurer • Secretary (Three-year term for each position: June 1, 2019, through May 31, 2022.) • Three (3) Executive Council Seats Legal Aid Society of the OCBA (Three-year term for each position: June 1, 2019, through May 31, 2022.) • Two (2) Trustee Seats Young Lawyers Section of the OCBA (Two-year term for each position: June 1, 2019, through May 31, 2021.) • Five (5) Board Member Seats Important Deadlines Nomination Period: Open now through Tuesday, January 15, 2019. Election Period: Monday, February 18, 2019, through Monday, March 11, 2019. Election Results Available: Monday, April 22, 2019. Board Appointments / Officer Installations: May 2019 theBriefs November 2018 Vol. 86 No. 9

1. Blank nomination forms are available on the OCBA website, under the About Us/Nominations-Elections section. 2. Completed nomination form(s) must be sent via email to Kim Homer, Executive Director, khomer@ocbanet. org. 3. Each nomination form must be signed by no less than five (5) OCBA members in good standing. 4. YLS nomination forms must be signed by no less than five (5) OCBA members in good standing, who are also YLS members. 5. No nomination for the office of Vice President shall be accepted unless the nominee shall have served on the Executive Council at least one (1) year at the time the nominee would assume the duties of office, if elected. 6. To make sure you receive your election ballot, log in to your member account on the OCBA website and, if needed, update your email address by December 31, 2018. 7. If you need to update your email address and do not know your password, please contact Carolyn Cochrane, at carolync@ocbanet.org, or 407-422-4551, Ext. 245, for assistance. 8. If we do not have an accurate email address on file, we will send you an election ballot by postal mail.

www.orangecountybar.org

PAGE 5

Clerk’sCorner

I Tiffany Moore Russell, Esq. Orange County Clerk of Court

More Website Advances Make Doing Business with My Office Easier This new shopping cart feature is just the latest website enhancement. We recently expanded our online payment system to allow customers to pay criminal fines and fees quickly and easily through our online payment portal. In addition, customers with multiple cases can get a total balance due in one easy location on our website. And anyone who may be in need of payment options can always visit any Clerk of Courts location during business hours Monday through Friday to request a Payment Plan Contract. You don’t have to wait for a special event to get some help. Finally, I want to remind you that finding an upcoming court hearing can be done right from our website as well. Go to our website at www.myorangeclerk.com to learn more about all these new features, and I hope they will help enhance everyone’s experience with the Clerk’s Office.

am very pleased to share with you that my office has again made advances in technology to make doing business with the Clerk’s Office easier. Recently we launched a feature on the Clerk’s Office website that allows customers to purchase a packet or multiple packets of forms for civil and family matters. Customers can also now order and pay online for copies of court records and documents, both certified and non-certified, from our Records Management Division. This new feature is like a “shopping cart” that you typically see on business websites. The packets are used in filing a new case or modifying a case in either the family or civil courts such as a small claims, evictions or a divorce case. After purchase, customers will receive an email that includes a link to download each of the packets they purchased. Each of the packets consist of individual forms have been approved by either the Florida Supreme Court or Florida’s Ninth Circuit Court. Additionally, each packet contains instructions on how to file documents with the Orange County Clerk of Courts.

We invite you

to submit your nominations today for the OCBA’s Liberty awards. Recipients will be honored and receive their award at our annual Law Week Luncheon on April 25, 2019.

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

2019 Liberty Bell, Liberty Shield & Liberty Apple Award Nominees Sought

The Liberty Bell Award recogniz- Criteria: es a person or organization in our • Promotes a better understanding community, outside the traditional of the rule of law; legal profession, that best exempli• Encourages a greater respect for fies the criteria for this award. law and the courts; The Liberty Shield Award recog• Stimulates a sense of civic renizes a first responder who demsponsibility; and, onstrates exemplary service to the • Contributes to good government health or safety of our community. within the community. The Liberty Apple Award recognizes a teacher who demonstrates exemplary service to the education o f s t u d e n t s i n o u r c o m m u n i t y.

Please submit a one - to two-page nomination letter that enumerates the ways your nominee meets the criteria.

Some of our past Liberty Bell Award recipients include: Dick Batchelor, Florida House Representatives Michael Dippy, Executive Director of IDignity Tom Lares, Co-founder and Chairman of the Greater Orlando Human Trafficking Task Force

Mail or email your nomination by February 28, 2019 to: Kim Homer, Executive Director, OCBA, 880 N. Orange Ave., Orlando, FL 32801 or khomer@ocbanet.org. For further information, contact Jeramy Beasley at Jeramy.Beasley@csklegal.com. PAGE 6 www.orangecountybar.org

theBrief s November 2018 Vol. 86 No. 9

Our new place.

Our Ormond Beach office has been remodeled and refreshed to better serve attorneys and their clients during mediation. Like our recent improvements in Maitland and expansion and remodeling in West Palm Beach, it’s part of a continual effort to make sure all eight offices have the welcome mat out for you. For more information about Upchurch Watson White & Max, visit UWW-ADR.com or call (800) 863-1462.

theBriefs November 2018 Vol. 86 No. 9

www.orangecountybar.org

PAGE 7

ATTORNEY AT LAW

G(8#&4H+)IJ&'#'8+)

H8K8&4<$$%#&I

L?'(#+(F8)#(C4M(8'I

Florida Trendâ€™s â€œLegal Eliteâ€? â€“ selected GPS 6

Top 2% of Florida attorneys as chosen by their peers

Thompson Reuters â€œFlorida SuperLawyersâ€? â€“ recognized GPS 7

Top 5% of Florida attorneys by peer review & independent evaluation Florida Bar Certified !" Appellate Practice #!"$% 1994 AV Rated Martindale Hubbell #!"$% 1988 Bar Register &' Preeminent Lawyers #!"$%(2004 )*+ Years &' Appellate Experience

!!!"#$$%&&#'%$#(')%("*+, -./012203/..4 7#(*8#49"4:8$$8)*+''4;"<"44544;"="4>+?4@6A1@A44544:#B%47#(CD4E&+(8F#4A3/@6

PAGE PAGExx 8 â€ƒâ€ƒâ€ƒâ€ƒâ€ƒâ€ƒâ€ƒâ€ƒâ€ƒâ€ƒâ€ƒâ€ƒâ€ƒâ€ƒ â€ƒâ€ƒâ€ƒâ€ƒ

www.orangecountybar.org www.orangecountybar.org â€ƒâ€ƒ â€ƒâ€ƒ â€ƒâ€ƒâ€ƒ

theBrie theBrie 2014 Vol.8682No. No.9 1 Vol. fs January2018â€† fs November

Chief’sColumn

In the Spirit of Giving

o other month embodies the spirit of giving like November. November reminds us to be thankful not just for what we have, but also for what we can give. And, despite my having lived in Central Florida for more than 50 years and having served as both a lawyer and a judge, I am still continually inspired and humbled by the generous spirit of our community. We all dedicate a tremendous amount of our time and energies to our professions. But, in speaking The Honorable Frederick J. Lauten to my colleagues on the bench, I have found that Chief Judge they have also dedicated an equally impressive amount of time giving back to the community. I Ninth Judicial Circuit Court am sure it will come as no surprise that our judges regularly volunteer their time and expertise to further the understanding of the law and legal profession. But the judges of the Ninth Circuit also volunteer in areas unrelated to the law. Many of our judges sit on boards of legal organizations and government commissions, and lend their voices as expert speakers at conventions and conferences. Some mentor law students, often giving up their Saturdays to help students prepare for trial team competitions. Others offer continuing education and guidance for new lawyers – the monthly brown bag lunch, started by Judge John Kest and now continuing as Brown Bagging with the Bobs, being a prime example. There is always an occasion for a judge to lend his or her knowledge and skill in both formal and informal settings, and there is always a judge prepared to rise to the occasion. However, what I’d like to call attention to here aren’t the opportunities that connect us with the community through the law, but the ones that connect us through the heart. My colleagues on the bench quietly contribute to our community in many areas outside the practice of law. No rule requires judges to earn community service hours, so their contribution to our region comes from an abiding love for our community. Quite a few of our judges devote their free time to working with children. There are a few who connect with kids through sports – managing a Babe Ruth baseball team, coaching and refereeing youth sports leagues, or teaching water safety. Some connect through their church or synagogue – teaching Sunday evenings or mentoring students. Others help children by assisting agencies dedicated to their health – sitting on boards for pediatric cancer, juvenile diabetes, or leukemia theBriefs November 2018 Vol. 86 No. 9

foundations to name a few. And then there are the judges who dedicate their free hours to our community’s four-legged friends – supporting animal rescue efforts or transporting dogs from foster to forever homes. Finding a home isn’t just a critical issue facing animal rescue groups. Unfortunately, thousands of people in our community are homeless – living on the streets or in their cars, or couch surfing from one place to the next. This is an issue that is close to my own heart, as well as the hearts of many of our judges here at the Ninth. Many focus their volunteer energies in our own Central Florida community, serving meals, providing clothing, offering support, and connecting people to resources. Others focus on larger humanitarian needs and travel great distances to be of service in some of the world’s most devastated communities. Many of our judges have made international trips with the sole purpose of volunteering their time and providing the manpower to build homes for the homeless. Most recently a group from the Ninth Circuit, led by Florida Supreme Court Justice Alan Lawson, made its way to Honduras to build houses for two young mothers. I was fortunate enough to sit down and talk with this team about their experiences, and you can hear about them firsthand by listening to our conversation on the circuit’s podcast Open Ninth at www. OpenNinth.fm. Our judges’ commitment to helping others is truly global. Whether they are traveling down I-4 or flying to Brazil, Kenya, Honduras, or Spain, they are making sure people in all communities have access to housing, education, food, and healthcare regardless of location. They approach the world with a truly grateful heart, casting their eyes toward what they can give, seeking out how they can help, and looking to make a difference. It is with a true sense of gratitude that I’ll end the piece as I began it, humbled and inspired by the generous spirit of our community and grateful for how the judges in our circuit as well as the lawyers in our community give generously to help others and improve the community in which we work and live. The Honorable Frederick Lauten is the Chief Judge of the Ninth Judicial Circuit Court. He has been a member of the OCBA since 1993.

www.orangecountybar.org

PAGE 9

Orange County Bar AssociationCommittees

he OCBA invites you to join any of its 29 committees throughout the year. Committee membership is free! Belonging to committees is a wonderful way to keep abreast of changes in the law and trends in your practice area or allied areas of law, assume a bar leadership role, network with colleagues, build your practice, and learn about business solutions from our

sponsors. Members have opportunities to develop and present seminars as well as publish articles in The Briefs and online. To join a committee, log in to your membership profile and select the committees in which you are interested. Your information will be sent to the committee chairs.

Appellate Practice Committee The Appellate Practice Committee is comprised of attorneys who handle appeals in both civil and criminal cases. Our purpose is to share ideas and experiences in order to help all of us become better appellate practitioners. We recently William R. Ponall, Esq. Eric J. Netcher, Esq. started a liaison program with the Chair Co-chair Ponall Law Dean, Ringers, Morgan Fifth District Court of Appeal so & Lawton, P.A. that we could communicate ideas, thoughts, and concerns directly to the court. The Hon. James Edwards, serving as the court liaison, meets with committee members regularly. We also host an annual dinner with the Fifth DCA where members and judges can meet in an informal setting. We hold two seminars annually. A half-day seminar about practicing in the U.S. Court of Appeals for the Eleventh Circuit is scheduled for November, and a full-day seminar on criminal appeals is scheduled for February 2019. Meetings: Third Wednesday of every month at 12:00 p.m. at the Eola Drive location of Lowndes Drosdick.

Business Law Committee The objective of this committee is to enhance the professional development of lawyers who practice business law in Orange County by providing a forum for the exchange of ideas and issues of mutual interest. The committee includes litiPatricia R. McConnell, Ronald D. Edwards Jr., gators and transactional attorneys Esq. – Chair Esq. – Co-chair Latham, Shuker, Eden Lowndes, Drosdick, serving corporations and other & Beaudine, LLP Doster, Kantor & Reed, P.A. businesses. Committee members practice in a wide range of areas, including commercial and construction litigation; intellectual property; ERISA; franchise law; corporate governance; securities; commercial real estate; mergers and acquisitions; and many other disciplines. This year, our efforts are dedicated to pursuing reinstatement of the Ninth Judicial Circuit’s recently closed Business Court through requests for additional judicial funding, implementation of a business court pilot program, and/or any other means available. Meetings: First Wednesday of every month from 12:00 p.m. to 1:00 p.m. at the OCBA. PAGE 10

Alternative Dispute Resolution Committee The Alternative Dispute Resolution Committee’s mission is to promote an understanding and use of ADR methods and provide resources and education, including seminars, papers, and training. To help with the closure of the Business Court David W. Henry, Esq. Amanda R. Murphy, Esq. and increased demands made upon Chair Co-chair Marshall Dennehey Alvarez, Winthrop, other divisions, the committee is Warner Coleman & Thompson & Goggin, P.C. Storey, P.A. working on developing a panel of special masters to serve by referral of the circuit court to handle discovery disputes and related matters. The committee is sponsoring a seminar, “Closing the Gap in Mediation,” to be held on November 29, where a panel of mediators will discuss techniques for avoiding impasse in difficult cases. We are also developing a proposed Mediation Optimization Order for circuit civil cases that, if adopted, will help the parties and their attorneys better prepare for mediation. The Order is intended to encourage pre-mediation disclosures and communication to improve the rate of settlement in circuit court mediations. Meetings: Third Thursday of every month from 12:00 p.m. to 1:00 p.m. at the OCBA.

Bankruptcy Law Committee The Bankruptcy Law Committee is generally oriented toward the consumer bankruptcy practitioner, who is usually a solo or smaller firm. Meetings: To be announced. Joshua J. Tejes, Esq. Chair Tejes Law, PLLC

Carina M. de la Torre, Esq. Co-chair The de la Torre Law Office, LLC

Civil Rights Law Committee The Orange County Bar Association is excited to announce the creation of the Civil Rights Law Committee. While it is just getting off the ground, the Civil Rights Law Committee will focus on the ways in which civil rights affect Camila A. Pachon Silva, Frank C. Shafranski, Esq. many different areas of the law, Esq. – Chair Co-chair Capella Immigration Artemis Family Law from employment and immigraLaw, PLLC Group, PLLC tion to family and personal injury. If you would like to help shape this committee, we encourage you to join. All OCBA members are welcome to attend and share their ideas! Please contact the chair or co-chair for details. Meetings: Second Thursday of every month from 5:30 p.m. to 7:00 p.m. at the OCBA.

www.orangecountybar.org

theBriefs November 2018 Vol. 86 No. 9

Construction Law Committee

Criminal Law Committee

The goal of the Construction Law Committee is to unite attorneys in a growing and dynamic practice area in Central Florida. We hope to develop more personal relationships that will improve our professionalism and client objectives. In Ryan P. Scordato, Esq. Brenda J. Newman, Esq. the next 12 months, with Brenda Chair Co-chair Lowndes, Drosdick, Newman Law & Newman, Esq., coming on as coDoster, Kantor & Mediation Reed, P.A. chair, we hope to hold bi-monthly meetings and two social events in addition to the meetings. The challenge with our membership is two-fold: first, construction law attorneys can typically only meet at night; and second, finding speakers who are not attorneys/mediators that will enhance our practice area and skillset. We welcome input from other attorneys. Meetings: Second Wednesday of every month from 5:00 p.m. to 6:30 p.m. at the OCBA.

The Criminal Law Committee’s focus is on improving communication between state attorneys and the defense bar, as well as between our criminal practitioners and the civil attorneys in the OCBA. This past year, we held a successful Lyle B. Mazin, Esq. Ryan Williams, Esq. seminar on the rise of fentanyl in Co-chair Co-chair Mazin Law State Attorney’s Office our community and the resulting changes in the law, as well as a professionalism seminar co-hosted by the Professionalism Committee and headlined by The Hon. Lisa Munyon and The Hon. Julie O’Kane. This coming year, we will include another professionalism seminar designed to bring assistant state attorneys and assistant public defenders together at the Orange County Courthouse, and the committee’s first “Law’n Day,” where families of committee members will come together at Barry Law School to compete in lawn games and get to know one another in a relaxed, family-friendly setting. Meetings: First Friday of every month from 12:00 p.m. to 1:00 p.m. at the OCBA.

Diversity & Inclusion Committee The Diversity & Inclusion Committee is dedicated to ensuring diversity remains respected and valued in Orange County and throughout the state. The committee works collaboratively to “bridge the gap” in understanding and dialogue through Ahmad S. El-Gendi, Brian C. Lawrence, Esq. awareness of the issues, action in the Esq. – Chair Co-chair Lowndes, Drosdick, Lowndes, Drosdick, community, and accountability. We Doster, Kantor & Doster, Kantor & Reed, P.A. Reed, P.A. host the annual Diversity & Inclusion Picnic where law students of all backgrounds from across the state are given the chance to connect with various legal professionals, organizations, and potential mentors who may help bridge the gap with a word (or two) to the wise. Our committee has big plans in the works for its next event where we will be partnering with several premier organizations. Stay tuned and be sure to contact the chairs to find out how you can get involved. Meetings: Quarterly meetings for roundtable discussions to be announced.

Estate, Guardianship & Trust The Estate, Guardianship & Trust Committee provides practitioners with up-to-date practice skills in the ever-changing and growing field of estate planning, trust administration, guardianship, and related litigation. At monthly meetings, we ofChristina M. Miner, Cory Suter, Esq. fer lunches and CLE presentations Esq. – Chair Co-chair The Orlando Law Group, PL Mestdagh & Wall, P.A. for attorneys of all skill levels. As Florida’s population ages, the committee will be here to help you navigate the legal challenges that arise. Meetings: Second Monday of each month from 12:00 p.m. to 1:00 p.m. at the OCBA.

Health & Wellness Committee

Liz F. McCausland, Esq. Chair Liz McCausland, P.A.

Karen L. Persis, Esq. Co-chair Karen Persis, P.A.

Elder Law Committee

Amber Jade Johnson, Esq. – Chair Law Offices of Amber Jade F. Johnson, P.A.

The purpose of the Elder Law Committee is to provide attorneys practicing and/or interested in the field of elder law a means to further their knowledge in the area of elder law and enhance their ability to counsel clients. Meetings: Third Wednesday of every month from 12:00 p.m. to 1:00 p.m. at the OCBA.

Family Law Committee The purpose of the Family Law Committee is to 1) provide a forum for discussion and exchange of ideas leading to the improvement of the practice and substance of family law throughout Orange County; 2) assist the local courts Erin F. Duncan, Esq. France A. Lopez, Esq. in establishing methods for more Chair Co-chair The Orlando Law France A. Lopez consistent, fair, and expeditious Group, PL Attorney at Law administration of justice in family law proceedings; 3) recommend to the Ninth Judicial Circuit procedural changes in the courts; 4) prepare and organize educational programs relating to family law; and 5) instill in attorneys who practice family law a desire to increase their effectiveness both inside and outside the courtroom with a goal of better representation for their clients and the professional administration of the cause of justice. The board meets the second Thursday every month. General meetings with CLE: Third Friday of every month, excluding December, from 12:00 p.m. to 1:00 p.m. at the OCBA.

As lawyers, we deal with pressures and challenges unlike those found in so many other professions. The statistics on lawyer well-being are staggering. The new Health & Wellness Committee wants to change this and support your well-being both mentally and physically. We have planned a year of monthly mini-challenges that include exercise, gratitude, healthy eating, simplifying, and more. We currently have seminars planned on meditation, compassion fatigue, and pets in practice, as well as special events such as rooftop yoga. You can join our Facebook page @OCBA #livewell #livelonger. If you have a subject matter you would like addressed or have the desire to plan one of our events, we would love to have you on board! Namaste! Meetings: Last Wednesday of every month from 12:00 p.m. to 1:00 p.m. at the OCBA.

theBriefs November 2018 Vol. 86 No. 9

www.orangecountybar.org

PAGE 11

In-house Counsel Committee

Insurance Law Committee

Robert J. Grimaldi, Esq. Chair Orange County Property Appraiser

The In-house Counsel Committee’s goal is to become revitalized in the coming year. The committee should be a place where attorneys who deal with issues unique to being in-house can turn for resources, direction, education, and inspiration. We welcome your participation! For information, contact the chair. Meetings: To be announced.

Intellectual Property Law Committee The Intellectual Property Law Committee’s purpose is to provide opportunities for attorneys to exchange ideas, enhance their practice, and attend subjectmatter seminars. Meetings are generally sponsored by one or more law firms or vendors and include lunch and CLE credit. In the past year, the committee held two minor CLE programs and one major CLE proJoshua R. Brown, Esq. gram on contemporary issues in intellectual property Chair Greenberg Traurig, P.A. law. The committee also holds an annual charity fund raiser event, last year raising more than $1,400 for the Special Olympics of Florida. This year, we hope to top that number and have challenged each of the other committees to beat us. We hope you will join us! Meetings: Third Thursday of every other month from 12:00 p.m. to 1:00 p.m. Location varies.

Judicial Relations Committee Greetings! At the Judicial Relations Committee meetings, the chief judge and administrative judges give reports and a social calendar for the upcoming months is distributed. The committee is focused on issues members of the bar may be having at the courthouse, The Hon. Eric DuBois Michael C. Kelley, Esq. as well as issues the judiciary needs Chair Co-chair Ninth Judicial Circuit Bourne Financial Group help on. This year, with the closure of the Business Court, a large focus has been explaining how the closure of Business Court has impacted the entire Ninth Judicial Circuit. Our next meeting is November 14. We look forward to seeing you there. Meetings: Second Wednesday every other month beginning promptly at 12:15 p.m. in the Judicial Conference Room on the 23rd Floor of the Orange County Courthouse.

Law Week Committee The Law Week Committee organizes civics education programs for elementary, middle, and high school students in Orange County. Each year the committee incorporates the American Bar Association’s (“ABA”) Law Day theme into its programs. Lorraine N. Pitre, Esq. Andrew P. Irvin, Esq. The 2019 theme is “Free Speech, Free Co-chair Co-chair Florida Hospital Irvin & Irvin, PLLC Press, Free Society.” Major programs include: Student Poster & Speech Contest; A Day in the Life of a Judge; Pathways in Law; Wolf v. Pig Elementary School Mock Trials; DUI Mock Trials for high school students; Liberty Bell Awards; OCBA Law Day 5K; Naturalization Ceremony; and the Law Week Luncheon. In 2017, the ABA recognized the OCBA Law Week Committee with its “Best Student Program” award. Volunteer now to help with planning, and be sure to sign up to help at events by contacting the chairs! Meetings: To be announced. PAGE 12

The Insurance Law Committee is pleased to support its members by providing a foundation for young lawyers, as well as those who are more experienced, who work in the field of insurance law. Matters covered include a wide variety of civil cases, including issues regarding pre-suit issues through the appellate and judgment proBartley G. Vickers, Esq. cess. We encourage those who work in-house for Chair Cole, Scott & Kissane, various insurance companies, or other civil deP.A. fense firms and plaintiffs’ firms, to participate in the committee. For more information, please contact the chair. Meetings: Second Tuesday of every month from 12:00 p.m. to 1:00 p.m. at the OCBA.

International & Immigration Law Committee The committee’s mission is to provide members with highquality education programs, promote legal professionalism, and facilitate improved relations between the committee and local government agency counterSasha A. Watson, Esq. Natalia Gove, Esq. parts. We provide a forum for Chair Co-chair HAWM Law, PLLC Cotney Construction discussion and exchange of ideas Law, LLP leading to the improvement of the practice and substance of immigration law, prepare and promote education programs related to immigration law, and organize Naturalization ceremonies for new U.S. citizens in collaboration with the government. We conduct seminars throughout the year, including a full-day seminar, and work collaboratively with other committees. We are planning a citizenship day event with a local middle school with a goal of educating the students about the importance of voting as well as current immigration themes. Be sure to attend the committee’s “Hot Topics in Immigration” on November 27. Meetings: First Thursday of every month from 12:00 p.m. to 1:00 p.m. at the OCBA.

Labor & Employment Committee The Labor & Employment Committee’s mission is to improve our legal community, and the community at large, through education, relationship building, and service work. To achieve our goals, we are actively holding Ryan LaBar, Esq. Christopher A. Pace, Esq. monthly meetings where OCBA Chair Co-chair LaBar & Adams, P.A. Jill S. Schwartz & members can get to know one Associates, P.A. another over lunch while listening to presenters speak on a wide range of labor and employment subjects. So far, we have been fortunate to have a series of lectures on the following subjects: FLSA collective/class actions (Scott C. Adams Esq., of LaBar & Adams P.A.); trends in pay equity litigation and the Equal Pay Act (Shannon Kelly, Esq., of Allen, Norton & Blue P.A.); and Central Florida’s antidiscrimination ordinances (Travis Hollifield Esq., of Hollifield Legal Centre). The committee is presently planning a series of special employment law-related service projects for non-lawyer members of our community, including small business owners, management, and employees. Meetings: Last Friday of every month from 12:00 p.m. to 1:00 p.m. at the OCBA.

www.orangecountybar.org

theBriefs November 2018 Vol. 86 No. 9

Robert Mansbach Lawyers’ Literary Committee

Professionalism Committee

The Robert Mansbach Lawyers Literary Committee is a non-substantive committee. It is an informal group with no requirements other than an interest in reading. We have 40 plus individuals on our email list with 6 to 12 attendees every month, including a discussion leader. Books include a wide variety of both classic and contemporary selecDorothy F. Green, Esq. tions. In April 2018, Chief Judge Fred Lauten led Chair Latham, Shuker, Eden a discussion of The Devil in the Grove by Gilbert & Beaudine, LLP King, who won the Pulitzer Prize for this book in 2012. The book is a history of attorney Thurgood Marshall’s defense of four young black men in Lake County, Florida, who were falsely accused of raping a white woman. All OCBA members are welcome to attend. Contact the chair to obtain the current reading list. Meetings: Second Wednesday of the month (Sept. through June) from 12:00 p.m. to 1:00 p.m. at the OCBA.

The Professionalism Committee seeks to advance civility, integrity, and respect for the legal system by offering seminars on a variety of topics in different areas of the law. The committee just wrapped up a three-part social media series foAmy J. Carter, Esq. Robert W. Borr, Esq. cusing on attorney conduct, client Chair Co-chair Quintairos, Prieto, Law Office of Robert conduct, and advertising. On NoWood & Boyer, P.A. Borr, PL vember 9, the committee will be offering a lunch and learn in conjunction with Rumberger, Kirk & Caldwell, P.A., entitled “Understanding the Generational Gap: How the Next Generation Views the Future of Law Firms.” Mark your calendar for the February 1, 2019, half-day seminar on succession planning for your firm and selecting an inventory attorney. The committee also awards the Trickel, Mathews, and Glazebrook awards each spring to three members who are dedicated to professionalism both in and out of the courtroom. Meetings: First Tuesday every month from 12:00 p.m. to 1:00 p.m. at the OCBA.

Real Property Committee

The Real Property Committee endeavors to enhance the practice of real property law in Orange Social Committee County. This year, the committee’s efforts are dedicated to the education and support of practitioners by hosting multiple CLEs, including a major CLE seminar, as well as exciting social events. If you would like to help reinvigorate this committee, we Charity J. Tonelli, Esq. invite you to join us at our first meeting, which will Chair Tonelli Law, PLLC be held on November 6 from 11:30 a.m. to 1:00 p.m. If you are interested in taking on a leadership role, please conJennifer L. Morando, Jennifer Smith tact the committee chair. Meetings: First Tuesday of every month Esq. – Co-chair Thomas, Esq. Morando Legal, PLLC Co-chair from 12:00 p.m. to 1:00 p.m. at the OCBA. Southern Trial

Social Security Committee The Social Security Committee meetings are lively affairs that include current developments in the world of SSDI and SSI, as well as practice tips from established practitioners. All OCBA members are welcome and encouraged to attend! Paul J. Morgan, Esq. Richard A. Culbertson, We have presented three seminars Co-chair Esq. – Chair Culbertson Law Group, Morgan, White-Davis this past year, with the emphasis & Martinez, P.A. PLLC on helping those interested in SSA disability law to transition into the practice. Most recently, we welcomed a magistrate from the Middle District of Florida to address our group of more than 20 members on his recommended methods for writing effective briefs and getting paid. Future meetings will include a talk from a specialist in legal ethics and how to incorporate SSA regulations that on their face appear to conflict with attorney/client confidentiality. Meetings: Second Thursday of each month from 12:00 p.m. to 1:00 p.m. at the OCBA.

Tax Law Committee The Tax Law Committee is gearing up to provide education and other opportunities for tax law attorneys and all OCBA attorneys who need information in this area of law for their practice. Meetings: To be announced.

The Social Committee plans the social events of the OCBA. Typically, the committee plans four events per year, including its signature events, the OCBA’s annual Trivia Competition and annual Texas Hold ’em Poker Tournament. The committee’s most recent event was Oktoberfest, which took place on October 23 at Counsel, PLC the Downtown Orlando World of Beer. The committee is currently planning an Amazing Race-style challenge (see our ad on page 28 in this issue of The Briefs) and the annual Texas Hold ’em Poker Tournament. If you would like to get involved, please join us at our meetings! Meetings: Fourth Tuesday of each month 12:00 p.m. to 1:00 p.m. at the OCBA.

Solo & Small Firm Committee The Solo & Small Firm Committee boasts a member base of more than 200 practitioners whose specialties and practice areas run the gamut from litigation to transactional. The objective of this committee is not only to educate our members on Sandra I. Rivera, Esq. Michael L. Dear, Esq. how to grow their practices but to Chair Co-chair The Law Office of The Law Office of do so with an emphasis on mental Sandra Rivera, P.A. Michael L. Dear, PLLC wellness while doing it. On October 11, we held our annual major seminar on building a successful practice. Sessions included presentations by Bill Umansky, Esq., Mark Nejame, Esq., and Nicole Reid, Esq., along with a distinguished panel of judges. On February 1, 2019, we will partner with the Professionalism Committee and the Estate, Guardianship & Trust Committee to discuss business succession planning and inventory attorneys. Meetings: Third Tuesday of every month from 12:00 p.m. to 1:00 p.m. at the OCBA.

Matthew K. McMillan, Esq. – Co-chair

theBriefs November 2018 Vol. 86 No. 9

www.orangecountybar.org

PAGE 13

Technology Committee

Veterans Committee

The Technology Committee is excited to share information regarding best practices for using technology to enhance the practice of law and to better understand the impact of technology on litigation and the courts. The committee Lisa Gong Guerrero, Barbara J. Leach, Esq. has presented various technology Esq. – Chair Co-chair State Attorney’s Office Barbara Leach Law, PL hot topic seminars. In August, we partnered with Microsoft to provide a training on using Microsoft applications. In September, Marissa Trevino from Zeno Office Solutions led a discussion on cyber security for law firms. And in October, Orange County Comptroller Phil Diamond spoke about how to use and navigate online official public records. On April 23, 2019, we will host The Florida Bar YLD Tech Roadshow major seminar, which will be presented by John Stewart, Esq., Adriana Linares, and Barbara Leach, Esq. Topics include: common security threats; understanding metadata and ethical responsibilities with legal documents; how a practice management program can prevent malpractice claims; and securing mobile devices. Meetings: To be announced.

The Veterans Committee’s mission is to raise awareness of the issues affecting the veteran community, offer education to the legal community, and service the veteran community. We have presented CLEs on topics from the Veteran’s Appeals Process to PTSD and family law. Former Stetson Director of Veteran Law Institute and current vetDonald R. Morrell, Jr., eran’s law Judge Michael P. Allen was a frequent Esq. – Acting Chair Kendrick Law Group contributor and presenter. We are planning a Veteran Legal Stand Down with the Veteran Law Club at Barry University. We are looking for members who are interested in expanding the committee and the impact we can have on the veteran community. Remember: 1) ask clients whether they are a veteran or a family member of a veteran; 2) consider how PTSD, major depression, and Traumatic Brain Injury may affect veterans or their families; 3) refer clients to competent advocates. The committee is at a crossroads. If you would like to help, please contact the acting chair. Meetings: To be announced.

Workers’ Compensation Committee

Sean P. McCormack, Esq. Chair Colling, Gilbert, Wright & Carter, LLC

Neil A. Ambekar, Esq. Co-chair Cole, Scott & Kissane, P.A.

The Workers’ Compensation Committee recently held its annual Bar and Bench lunch seminar on June 22, 2018. The Hon. Neal Pitts, Orlando district; The Hon. Wilbur Anderson, Daytona Beach district; The Hon. Robert Arthur, Lakeland district; The Hon. Robert Dietz, Sebastian district; The Hon. Thomas Sculco, Orlando district; The Hon. Margaret Sojourner, Orlando district; and The Hon. Timothy Stanton, Gainesville district presented their views from the bench, which included best practice tips and strategies on trial preparation. Approximately 60 guests attended and lunch was sponsored by Orlando Orthopaedic Clinic and Cantrell Consulting. The committee is planning a CLE in spring 2019. Interested in becoming involved? Or writing an article for The Briefs? If so, please contact the chair or co-chair. Meetings: To be announced.

On the cover

Front (left to right): Christina Miner, Esq.; Patricia McConnell, Esq.; The Hon. Eric DuBois; Lisa Gong Guerrero, Esq.; Amy Carter, Esq.; Natalia Gove, Esq.; Charity Tonelli, Esq.; Ryan Williams, Esq.; Sandra Rivera, Esq.; Donald Morrell, Esq.; Brenda Newman, Esq. Back (left to right): Paul D. Shafranski, Esq.; Andrew Irvin, Esq.; Chris Pace, Esq.; Ryan LaBar, Esq.; Eric Netcher, Esq.; Neil Ambekar, Esq.; Sean McCormack, Esq. PAGE 14

www.orangecountybar.org

theBriefs November 2018 Vol. 86 No. 9

Feature

Bankruptcy and Divorce at a Crossroads

L Kenneth D. Herron, Jr., Esq.

ast year, in a Chapter 13 bankruptcy case, I represented a debtor who was recently divorced. The debtor’s divorce was particularly acrimonious and, upon learning of the bankruptcy filing, the former spouse’s attorney filed an Emergency Ex Parte Motion for Injunction to Prevent Former Husband’s Dissipation of Assets in circuit court and submitted a proposed order granting the motion. The motion contained the following assertions: The Former Wife learned on . . . 2017 the Former Husband filed for a Chapter 13 Bankruptcy. * * * Exceptions for stays in a Chapter 13 bankruptcy include enforcement actions for prior orders of the Court. * * * The Former Husband only filed for bankruptcy to further delay his distribution payments to the Former Wife pursuant to the Final Judgment entered in this matter. * * * In this particular action, the Stipulated Order was entered well before the filing of the bankruptcy petition. As such, it is not necessary to obtain a lift from the bankruptcy court in advance. A cover letter to the circuit judge contained almost identical assertions. The assertions of the former spouse’s counsel misstated the law regarding the automatic stay in bankruptcy court. Fortunately, the former spouse’s attorney and her client ultimately retained bankruptcy counsel and the matter was resolved before the bankruptcy judge could hear a sanctions motion. If the former spouse and her attorney had retained bankruptcy counsel sooner, both parties would have saved a great deal of time and money. Additionally, the former spouse’s attorney’s reputation would not have suffered damage before the circuit court. This article aims to explain what is and is not permissible when a party to a divorce proceeding seeks relief in bankruptcy, regardless of the stage of the family court proceedings. The Automatic Stay Generally An automatic stay arises upon the filing of practically every bankruptcy case.1 A minor and infrequent exception applies only under limited circumstances in which the debtor has filed multiple bankruptcies within a one-year period.2 If you are representing a party to a divorce case and learn that the other spouse has filed a petition in bankruptcy, assume that your client’s case is automatically stayed and enjoined from any further action

theBriefs November 2018 Vol. 86 No. 9

in the circuit court absent a statutory exception to the stay (discussed below). Where no such statutory exception exists, it is possible to request relief from the stay for cause.3 Since the bankruptcy court is a court of equity,4 the success of such a motion will turn on the facts and circumstances of each case. Exceptions in the Family Law Context While the automatic stay arises upon the filing of almost every bankruptcy case, there are several exceptions that authorize specific actions in the family law court. For example, the stay does not prohibit the commencement or continuation of a civil action or proceeding involving the following: establishing paternity; establishing or modifying an order for domestic support obligations; adjudicating parental responsibility and timesharing; dissolving a marriage without dividing property within the bankruptcy estate; and addressing domestic violence matters.5 Another exception to the stay in the context of family law involves the collection of a domestic support obligation (“DSO”), as that term is defined by the Bankruptcy Code,6 from property that is not property of the bankruptcy estate.7 The scope of the automatic stay and the property of the estate are both broad. Typically, the property of the estate includes all legal and equitable interests of the debtor in property as of the commencement of the bankruptcy case.8 Some examples of property that is not in the bankruptcy estate include a debtor’s interest in a spendthrift trust9 and property that has been formally abandoned by the bankruptcy trustee.10 Bankruptcy trustees typically abandon their interests in real property and motor vehicles, for example, where administration of such property would result either in no benefit or a negligible benefit to creditors. That often is the case where property is over or fully encumbered. Another example of property that is not in the bankruptcy estate is exempt property, such as a debtor’s homestead. In addition, property can be exempted from the bankruptcy estate because the time period to object to the debtor’s claimed exemptions has expired or the court has overruled any such objections.11 As a result of the automatic stay, bankruptcy will not upset a court-ordered income-deduction or payment of a DSO. To the extent provided by

www.orangecountybar.org

continued page 16

PAGE 15

Feature continued from page 15

Florida law, where the debtor owes overdue support, the bankruptcy petition will not preclude the withholding, suspension, or restriction of a driver’s license, a professional or occupational license, or a recreational license. Similarly, notwithstanding bankruptcy, overdue support owed by a debtor parent may be reported to a credit reporting agency and tax refunds may be intercepted. Finally, medical obligations in the family law context may be enforced.12 What Happens When the Stay is No Longer in Effect? The answer to this question depends in large part on the type of bankruptcy relief sought by and afforded to the debtor – in other words, the chapter of the Bankruptcy Code under which relief was sought and the case is administered.13 The stay of an act against property of the estate, such as a foreclosure (a purely in rem action), expires once the property is no longer property of the bankruptcy estate. The stay of other acts expires upon the earliest of either the case being closed or dismissed, or when a discharge is granted or denied. In a Chapter 7 case that is not dismissed, a discharge or denial of discharge will occur before the case is closed. In a case involving an individual or a married couple in Chapters 11, 12, and 13, discharge is granted only upon completion of payments under a confirmed plan.14 Payment plans may last as long as five years in Chapters 12 and 13 and may be longer in Chapter 11. Accordingly, the automatic stay in many cases is in place for a long time. It is important to understand that, simply because the automatic stay remains in place pending completion of payments and discharge in a Chapter 13 case, exceptions to the stay may be rendered no longer applicable by confirmation of a bankruptcy plan. While income deduction orders are not affected by the stay, as discussed above, confirmation of the bankruptcy plan may change the status of income deduction orders. In a 2016 case decided by the United States Court of Appeals for the Eleventh Circuit, the Florida Department of Revenue (“DOR”) prevented payment of a $4,700 travel reimbursement owed to a Chapter 13 debtor because the debtor owed DSO to his former wife.15 The bankruptcy court confirmed the debtor’s plan, which provided for full payment of the DSO. The debtor moved to hold the DOR in contempt for violating the confirmed plan. The bankruptcy court agreed and awarded attorneys’ fees, which was upheld by the United States District Court on appeal.16 The DOR appealed a second time to the 11th Circuit, arguing that its action was specifically authorized since the automatic stay does not bar “the withholding of income that is property of the estate or property of the debtor for payment of a domestic support obligation under a judicial or administrative order or a statute.”17 The debtor argued that “[t]he provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is provided for by the plan, and whether or not such creditor has objected to, has accepted, or has rejected the plan.” Thus, the question presented was whether the exception to the automatic stay for DSOs applies even after the confirmation of a debtor’s Chapter 13 plan.18 The Eleventh Circuit held that it does not and that, while the DOR did not violate the automatic stay in the case at bar, the DOR did violate the terms of the confirmed plan.19

Conclusion “The automatic stay provisions set forth in § 362(a) of the Bankruptcy Code are the heart of bankruptcy relief[.]”20 Individuals injured by willful violations of the automatic stay “shall” recover actual damages and may recover punitive damages.21 Accordingly, creditors, including family law creditors, are cautioned to tread lightly in the face of an adverse party seeking relief in bankruptcy. While there are numerous exceptions to the operation of the stay in the family law setting as described above, such exceptions are normally narrowly construed.22 Kenneth D. (“Chip”) Herron, Jr., Esq., of Herron Hill Law Group, PLLC, concentrates his practice in bankruptcy issues. He is Board Certified in business bankruptcy law by the American Board of Certification and is former president and director of the Central Florida Bankruptcy Law Association. He has been a member of the OCBA since 1987. 11 U.S.C. § 362(a). Subsequent references to the Bankruptcy Code, title 11 of the United States Code, will use only the section symbol (§) followed by the section number. 2 § 362(c)(4)(A). 3 § 362(d). 4 In re Christison, 201 B.R. 298, 308 (Bankr. M.D. Fla. 1996). 5 § 362(b)(2)(A). 6 The term “domestic support obligation” means a debt that accrues before, on, or after the date of the order for relief in a case under this title, including interest that accrues on that debt as provided under applicable nonbankruptcy law notwithstanding any other provision of this title, that is— (A) owed to or recoverable by— (i) a spouse, former spouse, or child of the debtor or such child’s parent, legal guardian, or responsible relative; or (ii) a governmental unit; (B) in the nature of alimony, maintenance, or support (including assistance provided by a governmental unit) of such spouse, former spouse, or child of the debtor or such child’s parent, without regard to whether such debt is expressly so designated; (C) established or subject to establishment before, on, or after the date of the order for relief in a case under this title, by reason of applicable provisions of— (i) a separation agreement, divorce decree, or property settlement agreement; (ii) an order of a court of record; or (iii) a determination made in accordance with applicable nonbankruptcy law by a governmental unit; and (D) not assigned to a nongovernmental entity, unless that obligation is assigned voluntarily by the spouse, former spouse, child of the debtor, or such child’s parent, legal guardian, or responsible relative for the purpose of collecting the debt. 7 § 362(b)(2)(B). 8 § 541. 9 § 541(c)(2). 10 § 554. 11 § 522. 12 § 362(b)(2)(C)–(G). 13 Note that cases are sometimes converted from one chapter to another, sometimes by a debtor voluntarily, other times involuntarily on motion of a creditor, the trustee, or the United States trustee. For details regarding the effect of conversion, see § 348. 14 §§ 1141(d)(5)(A), 1228(a), 1328(a). 15 In re Gonzalez, 832 F.3d 1251, 1252 (11th Cir. 2016), cert. denied sub nom. Fla. Dep’t of Revenue v. Gonzalez, 137 S. Ct. 2293, 198 L. Ed. 2d 725 (2017). 16 Id. 17 § 362(b)(2)(C). 18 Id. at 1253, citing § 1327(a). 19 Id. at 1258-59. 20 In re Charter Co., 86 B.R. 280, 282 (Bankr. M.D. Fla. 1988). 21 § 362(k). 22 In re Sutton, 250 B.R. 771, 774 (Bankr. S.D. Fla. 2000). 1

PAGE 16 www.orangecountybar.org

theBrief s November 2018 Vol. 86 No. 9

2019 OCBA GALA

Saturday, February 23, 2019 7:00 p.m.

Winter Park racquet club 2111 Vía tuscany, Winter Park, Florida 32789 125 per person through February 8, 2019

$ $

150 per person beginning February 9, 2019

For tickets, go to http://orangecountybar.org/store For sponsorship opportunities, contact Karen Persis at 407-228-2864 or Amber Davis at 407-926-7716. Proceeds benefit the Orange County Bar Association Foundation, Inc. theBriefs November 2018 Vol. 86 No. 9

www.orangecountybar.org

PAGE 17

Introducing Westlaw Edge The most intelligent legal research platform ever. Experience it at westlawedge.com

PAGE 18 www.orangecountybar.org

theBrief s November 2018 Vol. 86 No. 9

theBriefs November 2018 Vol. 86 No. 9

www.orangecountybar.org

PAGE 19

The Hon. Jose R. Rodriguez The Hon. Wilfredo Martinez

Euribiades Cerrud, Esq. Sandra I. Rivera, Esq.

Jonathan T. Glibert, Esq. Alisia M. Adamson Profit, Esq. The Hon. Jose Rodriguez Vikki Cooper

Chad Dunham, Esq.; Andrea Ribeiro; Ray Treadwell, Esq.

The Hon. Adam McGinnis: The Hon. Eric Dubois; Amy Carter, Esq.; Kate Hollis, Esq.; Donald Morrell, Esq. Dalya Zalloum, Esq.; Christina Vicari, Esq.; Brock Hankins, Esq.

Phillip Miller, Esq.; Shont’a McCord; Rasheed Allen, Esq.

Eric Netcher, Esq.; Tony Sos, Esq.; Carolyn Gachet, Esq.; Alexander Muszynski, III, Esq.: Seth Hyman, Esq.

PAGE 20 www.orangecountybar.org

theBriefs November 2018 Vol. 86 No. 9

OCBA September Luncheon September 27, 2018

Embassy Suites Downtown Orlando Co-hosted by the Hispanic Bar Association of Central Florida Title Sponsor: LexisNexis

Ani Rodriguez-Newbern, Esq. President, Hispanic Bar Association of Central Florida

Jill D. Simon, Esq. YLS President

Jane Dunlap Callahan, Esq.

Christina Tineo, Vice President of Feeding Children Everywhere; Ani Rodriguez-Newbern, Esq. Richard S. Dellinger, Esq. Richard S. Dellinger, Esq. OCBA President

Hispanic Bar Association of Central Florida

PHOTOS: Flo Boehm and staff photos

theBriefs November 2018 Vol. 86 No. 9

www.orangecountybar.org

PAGE 21

Hole Sponsors Allen Norton & Blue, P.A. Cole, Scott & Kissane, P.A. Discovery Litigation Services DSK Law First Choice Reporting Fisher Auction Company IST Management Services Legal Realtime Reporting Lynx Legal Services McCoy Federal Credit Union Milestone Reporting OCBA Orange Legal Phipps Reporting SunTrust TransPerfect Legal Solutions U.S. Legal Support Zimmerman Kiser Sutcliffe, P.A. Game Sponsors Longest Drive: Judge Bob LeBlanc & Joanie Schuler LeBlanc Longest Putt: CenterState Bank Closest to the Pin: Shannin Law Firm, P.A. Closest to the Pin: Esquire Deposition Solutions Closest to the Pin: Dellecker, Wilson, King, McKenna, Ruffier & Sos LLP Straightest Drive: Beusse Wolter Sanks and Maire, PLLC Breakfast Sponsor: Dellecker, Wilson, King, McKenna, Ruffier & Sos LLP Breakfast Bar Sponsor: Legal Talent Sign Donation: Professional Litigation Support

PAGE 22 www.orangecountybar.org

theBriefs November 2018 Vol. 86 No. 9

27th Annual OCBA-YLS Golf Tournament September 28, 2018

The Ritz-Carlton Golf Club Grande Lakes

theBriefs November 2018 Vol. 86 No. 9

www.orangecountybar.org

PAGE 23

Lake Baldwin Park

4963 New Broad Street • Orlando, FL 32814

Watch for updates in eblasts and on the OCBA website.

SPONSORSHIPS AVAILABLE! Contact Joan Giovanni, joang@ocbanet.org

Net proceeds benefit the Legal Aid Society of the Orange County Bar Association, Inc., and the OCBA Foundation, Inc.

Patent protection for your innovations. For 45+ years, ADD+G has counseled clients in all aspects of patent law and a broad range of technology areas. Having prosecuted far more patents than most of our competitors, we provide valuable insight to the patent process. We regularly provide guidance to our clients on patentability and validity issues, strategies against infringers, and defense against unfounded infringement allegations.

Here’s to falling far from the tree.

S Q UA R E LY I N YO U R C O R N E R

OFFICES: Orlando, Miami, Winter SATELLITE OFFICE: Jacksonville

Springs

AllenDyer.com ▪ 407-841-2330

P AT E N T S

▪

TR ADEMARKS

▪

COPYRIGHTS

▪

PAGE 24 www.orangecountybar.org

LICENSING

▪

L I T I G AT I O N

theBriefs November 2018 Vol. 86 No. 9

Here's what we offer: INTRODUCING THE

LINCOLN EXECUTIVE BUSINESS PROGRAM ONLY AT CENTRAL FLORIDA LINCOLN

407-947-0976 www.CentralFloridaLincoln.com

We're bringing an exciting initiative to you the business owner, with the Lincoln Executive Business Program at Central Florida Lincoln. Get the best vehicles for all your transportation needs. 1

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

Lincoln Loaners available

Roadside Assistance Roadside Assistance for the life of ownership

Complimentary Car Wash

Commercial line of credit

Merritt Martin Executive Business Consultant (407) 947-0976

Serving TK–8th Grade

Developing Strong Christian Leaders • • • • • •

Daily Chapel Student Support Center Af ter School Academies STEAM Lab Math Acceleration Program Athletics, Drama, Music

Call to Schedule a Personalized Tour!

106 E. Church Street • Orlando, FL 32801 • 407-849-1665 • thechristschool.org theBriefs November 2018 Vol. 86 No. 9

www.orangecountybar.org

PAGE 25

REPRESENTATION OF HEALTH PROFESSIONALS

WEBSITE

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

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

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

• Licensed in Florida

• Products Liability Cases

• Administrative Hearings

• Opinion Letters

• DOH Investigations

• Contracts & Contract Litigation

• Disciplinary Hearings

• Medical Board Cases

• DEA Defense

• Peer Review Defense

• HIPAA Defense

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

• Hip Implant Litigation

• Commercial Litigation • Nursing Board Cases

Main Office • 1101 DOuglas avenue • altaMOnte springs, fl 32714 telephOne: (407) 331-6620 • (850) 439-1001 • telefax: (407) 331-3030 By appOintMent • 37 n. Orange ave., ste. 500 • OrlanDO, fl 32801 By appOintMent • 201 e. gOvernMent street • pensacOla, fl 32502 By appOintMent • 155 e. BOarDwalk Drive, ste. 424 • fOrt cOllins, cO 80525 www.thehealthlawfirM.cOM PAGE 26

www.orangecountybar.org

theBrief s November 2018 Vol. 86 No. 9

While everyone likes to catch the big fish,

it’s the small ones that keep you going. At Bounds Law Group, we don’t just accept your big cases. We know all clients with legitimate cases deserve representation. We are happy to work with your clients on Medical Malpractice cases, both big and small. With over 50% of our cases settling for under $500k, we are here to help, no matter the size of the case. Refer the clients you are unable to assist to Bounds Law Group and receive a 25% referral fee.

Questions? Call us at 877-644-5122 , email us at information@BoundsLawGroup.com, or visit us at www.BoundsLawGroup.com. Office in Maitland

We are proud to announce our new firm

OSBORNE

& Francis L AW F I R M PL L C

South Florida Office Mizner Park Office Plaza North 433 Plaza Real Blvd Ste. 271 Boca Raton, FL 33432 USA (561) 293-2600

Gregorio Francis

Joseph Osborne

Medical Device & Pharmaceutical Litigation, Products Liability, Medical Malpractice & Personal Injury theBriefs November 2018 Vol. 86 No. 9

Orlando Office 805 S. Kirkman Road, Suite 205 Orlando, FL 32811 USA (407) 655-3333

realtoughlawyers.com

www.orangecountybar.org

PAGE 27

I N A U G U R A L

Wednesday, February 6, 2019 // 5:30 PM - FINISH

Teams of 4 - 5 Participants! $100 Per Team

● Race through downtown Orlando, while competing in different challenges & puzzles – six stops in all! ● Avoid roadblocks levied by other teams.

HAPPY HOUR LIVE VIEWING AT LION’S PRIDE ON CHURCH STREET

● Poor performance will result in eliminations.

Non-Player Registration – OCBA Members $10 – Non-Members $20

● Be the first to reach the Finish Line & win the inaugural trophy!

OCBAamazingrace@gmail.com for more information

● Compete as your firm team, bar organization, or with a group of friends! Minimum of three OCBA members per team.

● Head start for best costumes/uniforms & best (classy) smack talk!

● Sponsorships still available! Sponsored by:

PAGE 28

www.orangecountybar.org

theBrief s November 2018 Vol. 86 No. 9

YLS on the move

Heather M. Meglino, Esq.

YLS Golf Tournament

n September 7, 2018, our annual Morning at the State Courthouse event took place. Local judges and attorneys from the Ninth Judicial Circuit hosted a professionalism panel, gave an overview of courthouse technology, and provided practical advice for attorneys and assistants who practice in Orange and Osceola counties. Thank you to all who attended, and special thanks to co-chairs, Allison Bekevac, Esq., Jolie Pavlos, Esq., and Vanessa Braga, Esq., and their committee. On September 5, 2018, our Community Service Committee, in partnership with Soldiers’ Angels, hosted BBQ & Bingo with the Vets at the VA Domiciliary in Baldwin Park. Young lawyers served a BBQ dinner and played bingo with the Vets to give back to those who have served our country and earned the Soldiers’ Angels “Wingtip to Wingtip” award. Jill S. Schwartz & Associates donated a $300 gift card and goodie bags for all the veterans. Thank you to our Community Service Committee co-chairs, John Hunt, Esq., Lauren Robertson, Esq., Madonna Snowden, Esq., and Andrew Irvin, Esq., as well as their committee members and all of you who attended! On September 11, 2018, YLS members enjoyed the monthly Brown Bagging with the Bobs seminar with speaker and board-certified attorney, Gary Salzman, Esq. Gary spoke about alternative dispute resolution and arbitration and provided lots of great insight and information about the process. On September 21, 2018, we had our monthly luncheon at the Citrus Club, which featured speaker

Brenda Newman, Esq., Newman Law & Mediation, who provided an awesome CLE on mediation. On September 28, 2018, we had our annual Golf Tournament at the Ritz Carlton, which sold out! This year’s event included breakfast, on-course games, adult beverages, raffle items, and an awards reception! This is one of our most popular and exciting events, and if you don’t already do so, please make this event a firm holiday! Please congratulate and thank our chair, Stephanie Alcalde, Esq., and the Golf Tournament Committee members for all their hard work in the planning and execution of this event. The funds raised from the tournament fund our charitable projects for the year and are a crucial element of our YLS goals. Thank you to our sponsors, players, volunteers, and to everyone who sacrificed sleep and their workday to attend! Stay tuned for these upcoming YLS events: November 16 – YLS Luncheon. Noon to 1:00 p.m. (check-in: 11:30 a.m. to 11:55 a.m.). Citrus Club. Speaker & Topic to be announced. November 5 – Brown Bagging with the Bobs. Preservation 101: Think You Might Want to Appeal? Make Sure You Preserve!! Speaker: Jamie Billotte Moses, Esq. Noon to 1:00 p.m. Orange County Courthouse. RSVP to Cindy Brown at ctjacb1@ocnjcc.org. December 13 – YLS Holiday Party & Toy Drive. Stay tuned for news in upcoming emails. And don’t forget to find us on Facebook, Twitter, and Instagram: @ocbayls #ocbayls #wedomore.

Heather M. Meglino, Esq., is the owner of Meglino Law, LLC, and has been a member of the OCBA since 2011.

YLS Morning at the State Courthouse

BBQ & Bingo with the Vets

Allison Bekevac, Esq.; Vanessa Braga, Esq.; Jolie Pavlos, Esq. theBriefs November 2018 Vol. 86 No. 9

www.orangecountybar.org

PAGE 29

Legal Aid SocietyNews

A Laura Maria Gutierrez, Esq.

What You Do at Your Lowest Point Defines Who You Will Be

t the age of 10 I knew I wanted to be an attorney. I remember exactly how it happened and when. I was sitting by the dining room table with my father, going back and forth about why my beloved dog should be able to sleep in bed with me. I formulated all of my arguments with facts and conclusions as to why it was so beneficial for both my dog and me to accompany each other. I remember my dad saying, “You drive a hard bargain young lady!” I won my argument and my beautiful cocker spaniel slept with me that night. It was at this moment in my life that I knew what my calling was – to be the voice for those who do not have a voice of their own. I was born in Havana, Cuba, and came to the United States in 1995 at the age of five. I started public school in Miami Dade County and embarked on the journey that would take me to where I am today. I faced many challenges as I tried to acclimate to my new environment, including conquering the language. My first language is Spanish and I was obligated to learn English when I enrolled in school. It was a long journey, but like all other hurdles in my life, I overcame this one as well. As the years passed, I was on the fast track to achieving my goals. I finished my high school curriculum by my junior year and was dual-enrolled in college classes my senior year. During this time, my family life took an unexpected turn. My parents divorced and my mother had to hire an attorney to represent her. Soon after that, she lost her job and was unable to continue paying her mortgage. She eventually lost our house and we were forced to move in with family. This was one of the toughest times in my life. I was not sure where I was going to live in the next few months and whether we would have enough money for food. I thought that one day I would have the knowledge and ability to help my mother overcome the hardships that she was facing. As the saying goes, “What doesn’t kill you only makes you stronger.” Eventually, my mother was able to get back on her feet. I was accepted to Barry University School of Law in fall 2014, and soon afterwards I started my journey into this amazing legal career. I must admit the first year was extremely difficult for me. I moved from South Florida to Orlando, leaving my parents and friends behind. I was lonely, but I focused on the goal I have had since I was a child and continued to persevere. Towards the end of my first year of law school, I knew I wanted to

PAGE 30

www.orangecountybar.org

work with low-income individuals. I knew that these were the people who needed to be represented the most and did not have the resources to obtain that representation. My passion was fueled when I started an externship at the Legal Aid Society of the Orange County Bar Association, Inc. I volunteered at their VITA tax program and met an elderly woman who inspired me to continue on my path, no matter how difficult it became. Once I was finished with her taxes and informed her that she was going to receive a refund, the woman broke into tears and thanked me. I did not understand why she had started crying until she told me her story. She was not able to buy her grandson any gifts for Christmas last year due to lack of funds. Now, in February, with her tax refund on the way, she was able to buy her grandson something nice for the holidays. To this day, I still remember this woman’s face and the feeling that overwhelmed me when she told me her story. It is people like her who inspire me to be someone great. I aspire to make a difference in someone’s life and be a beacon of hope to others. I took the Florida Bar Exam in July 2017. On September 18, 2017, I received the “worst news” any bar taker could receive. I passed half of the exam and missed the other half by two points. Thoughts raced through my head. Could I have studied harder or longer? What question did I miss that led me to fail the second half? I felt defeated, but I did not lose sight of the goal at hand. I picked myself up and registered again for the February exam. After months and months of studying, I passed the Florida Bar Exam, and on April 16, 2018, I was finally an attorney. Words cannot describe the happiness I felt once I found out I passed the Florida Bar Exam. To this day, it still feels surreal finally to have achieved something that I have been working towards my entire life. On April 23, 2018, I was sworn in by The Honorable Wilfredo Martinez at the Orange County Courthouse. Surrounded by family and friends, I thanked God for giving me the strength to continue when I lost hope and to fight for what I wanted. I went back to my roots where my passion was once fueled. I obtained a position as the Disaster Relief Program coordinator at the Legal Aid Society. My focus as a coordinator is to help Puerto Ricans displaced by Hurricane Maria with their legal issues. It is difficult enough to come to continued page 35

theBriefs November 2018 Vol. 86 No. 9

Legal Aid SocietyGAL Tips

Twice Blest

Sally McArthur, Esq.

The quality of mercy is not strained. It droppeth as the gentle rain from heaven Upon the place beneath. It is twice blest: It blesseth him that gives and him that takes. – Portia, in William Shakespeare’s The Merchant of Venice, Act 4, Scene 1.

his quote reminds me of the pro bono attorneys with whom I work in the Guardian ad Litem (“GAL”) Program at the Legal Aid Society of the Orange County Bar Association, Inc. Every day, these talented professionals advocate for the best interests of children. Almost without exception, they tell me that although the work can be emotionally demanding, it is also extraordinarily rewarding. As a GAL Program attorney, I get to use my attorney superpowers for good. I believe that most of us went to law school so we would be able to help people – and children who have been abused, abandoned, or neglected need all the help we can offer. Yes, the work can be frustrating – for many reasons. One reason is the sheer number of cases that we handle. At this writing, Orange County has 1,738 children in the dependency system, 1,165 of whom are in court-ordered, out-of-home placements. Typically, about a third of those children are in foster care, with the other two thirds in relative or non-relative (normally a family friend) custody. Our program is nearly always appointed to children in out-of-home care. With nine attorneys and 11 support staff in the GAL Program, it is obvious that we could not adequately represent 1,165 children. That is why we are so grateful to our pro bono attorneys. We are privileged to work with some of the finest legal minds in town – who are also some of the kindest people I know. And, believe it or not, these wonderful people often thank me for sharing my caseload with them. Some say it is the most satisfying work they’ve done as lawyers. Many people ask how I can work fulltime with children who have been traumatized without becoming either cynical or heartbroken. The secret, handed down from a more experienced GAL attorney when I joined the program, is this: You cannot dwell on what happened to children in the past. Instead, you must focus on the time they are with you and on what you can do to help make

theBriefs November 2018 Vol. 86 No. 9

their lives better in the future. The ultimate goal is to put all of the appropriate services and supports in place, and to find permanency for the child in a safe and stable environment. Let me tell you about some of our cases. In a dependency case where the children are removed, a circuit judge must find probable cause to shelter the children within 24 hours of the removal order. Our program attorneys cover shelter hearings, and this is usually when the GAL Program is appointed. Recently, I was the shelter coverage attorney for most of the week when we had a total of 12 cases – 29 children. Here is a sampling: 1. Two children, ages 9 and 11. Issues are substance abuse and mental illness. The mother had the girls removed from her in another state last year. The father is deceased. The mother, who has substance abuse issues, completed a drug treatment program. But during unsupervised visitation, she drank alcohol excessively and drove drunk with the children in the car. The mother has attempted suicide twice – once while the children were present. 2. Five children, ages 1, 2 (twins), 9 and 11. Issues are physical abuse, mental abuse, and inadequate supervision. The mother physically abuses the two oldest children, but is particularly violent toward the 11-year-old child. She has punched the child in the face, slammed her head into a wall, and hit her with various objects, leaving an array of cuts and bruises. There had been prior verified findings of physical abuse, but the child had been beaten afterward for telling authorities what had happened. The children stated that the mother had told them to lie to investigators if they were asked about their injuries. 3. One child, age 11. Issues are substance abuse, mental illness, and inadequate supervision. The mother was Baker-acted, and the child was left alone at home. The mother has hallucinations and paranoia. She abuses MDMA – formerly called ecstasy and now molly – and alcohol. The child does not sleep well because the mother is up all night. The office manager at the apartment complex where they live reports

www.orangecountybar.org

continued page 33

PAGE 31

Hearsay...

No matter what people tell you, words and ideas can change the world. – Robin Williams ith that in mind, I can assure you that the Orange County Bar Association is continuing to make changes in our community. Now for this month’s “Hearsay”!

Vanessa A. Braga, Esq.

Honors and Awards The Honorable Jose R. Rodriguez received an award from the OCBA Estate, Guardianship, and Trust Committee for his visionary guidance and tireless dedication to the Probate, Guardianship, and Mental Health Division of the Ninth Judicial Circuit. Michael P. Carolan, Esq., an attorney with Winderweedle, Haines, Ward & Woodman, P.A., received his Board Certification in real estate from The Florida Bar Board of Legal Specialization and Education. Christian N. Horde, Esq., of The Elder Law Center of Kirson & Fuller, recently completed his Master of Laws in Elder Law from Stetson University College of Law. Deborah L. La Fleur, Esq., a shareholder in the Orlando office of GrayRobinson, P.A., has obtained her Board Certification in labor and employment law by The Florida Bar’s Board of Legal Specialization and Education. Stephen McDonald, Esq., a partner with Shuffield, Lowman & Wilson, P.A., recently was named a Fellow of the Litigation Counsel of America. David A. Paul, Esq., a partner with Paul Knopf Bigger, has been inducted into the American College of Civil Trial Lawyers. Dennis J. Wall, Esq., published a chapter article titled “The Risks of All Risks Insurance Coverage Interpretation” in the 2018 edition of Appleman on Insurance: Current Critical Issues in Insurance Law. The following OCBA members were recognized by Best Lawyers in America in their respective field(s): Herbert L. Allen, Esq., Ava K. Doppelt, Esq., and Brian R. Gilchrist, Esq., with Allen, Dyer, Doppelt & Gilchrist, P.A., as well as David W. Henry, Esq., a shareholder with Marshall Dennehey Warner Coleman & Goggin. The 2018 Super Lawyers edition has been released and includes some of our fabulous OCBA lawyers: Herbert L. Allen, Esq., Ava K. Doppelt, Esq., Brian R. Gilchrist, Esq., and Stephen H. Luther, Esq., of Allen, Dyer, Doppelt & Gilchrist, P.A. Allison R. Imber, Esq., who is also with Allen, Dyer, Doppelt & Gilchrist, P.A., was recognized as a Rising Star. Florida Trend released its 2018 Legal Elite list. A number of OCBA members were named: Ava K. Doppelt, Esq., a shareholder with Allen, Dyer, Doppelt & Gilchrist, P.A., and Heidi W. Isen-

PAGE 32

www.orangecountybar.org

hart, Esq., Alexander S. Douglas, II, Esq., and Matt G. Firestone, Esq., partners with Shuffield, Lowman & Wilson, P.A.

Community Involvement Jeff Deery, Esq., a shareholder with Winderweedle, Haines, Ward & Woodman, P.A., has been named vice chairman of the Board of Trustees of the Lake Highland Preparatory School for a two-year term that began on July 1, 2018. John R. Dierking, Esq., a partner with Holland & Knight LLP, was appointed to membership on the Florida Board of Bar Examiners by the Supreme Court of Florida for a term from November 1, 2018, through October 31, 2023. Mayanne Downs, Esq., president and managing director at GrayRobinson, P.A., as well as past president of the OCBA, was appointed by The Florida Bar to serve on the board of The Florida Bar Foundation. Thomas P. Wert, Esq., an attorney in Dean Mead’s Orlando office and past president of the OCBA, was elected without opposition to the Florida Bar Board of Governors for the Ninth Judicial Circuit. He is Board Certified in construction law. On the Move Suzanne M. Barto-Hill, Esq., was elected to the Rumberger, Kirk & Caldwell, P.A., executive committee. She is the first female to serve in this position. Sally Rogers Culley, Esq., has been named administrative partner of the Orlando office of Rumberger, Kirk & Caldwell, P.A. Luis A. Gonzalez, Esq., has been elevated to partner with Holland & Knight LLP. He is a member of the firm’s litigation section, as well as its alcohol beverage practice. Gerrard L. Grant, Esq., recently joined Winderweedle, Haines, Ward & Woodman, P.A., practicing in the areas of corporate and business law, mergers and acquisitions, taxation, and outside general counsel services. Kimberlee A. Martin, Esq., has joined Fisher Rushmer, P.A., as an associate, handling personal injury and insurance defense. Amanda R. Murphy, Esq., has joined Alvarez, Winthrop, Thompson & Storey, P.A., as an associate attorney, practicing in the areas of creditors’ rights, lender representation, residential and commercial real estate foreclosure litigation, and title curative and contract review. Renee Vermette Peppy, Esq., was promoted to partner at The Elder Law Center of Kirson & Fuller. She will continue to assist clients with the complexities of guardianship, probate, and trust administration.

the Brie f s November 2018 Vol. 86 No. 9

Benjamin J. Robinson, Esq., formerly counsel to the Judicial Conference of the United States Committee on Rules of Practice and Procedures, has joined Holland & Knight LLP’s construction practice as a partner. Ryan Scordato, Esq., recently joined Lowndes, Drosdick, Doster, Kantor & Reed, P.A., in the firm’s construction law practice. Taylor D. Ward, Esq., has joined Taylor English Duma LLP, as a member of the firm’s real estate practice group, practicing in the areas of national hotel and restaurant REITs, as well as assisting in various facets of transactions related to industrial space, commercial buildings, retail, and shopping centers. Effective August 1, 2018, Broad and Cassel combined with Nelson Mullins Riley & Scarborough LLP, and is now doing business in Florida as Nelson Mullins Broad and Cassel.

In Memoriam Deborah J. Bergin, Esq., passed away on August 5, 2018, surrounded by family and friends in her home in Winter Park, Florida. She battled and survived breast cancer for nine years before it claimed her life. She was a shareholder with Kubicki Draper and was a member of The Florida Bar for 20 years. Sutyon G. Hilyard, Jr., Esq., passed away on September 29, 2018. He attended Stetson Law School, where he graduated third

LASGAL Tips continued from page 31

complaints about the mother, including noise and disturbances related to altercations between the mother and the child. 4. One child, age 4. Issue is domestic violence. The child was being exchanged from father to mother after the mother heard that the father was intoxicated, stumbling, and yelling at the child while she was in his custody. The father got angry after putting the child in her car seat and broke the car window. He then pulled the child out through the broken glass, causing her to be injured. The good news is that we can help these children. In the normal course of a case, we have pro bono GALs file motions for services for the children, changes of placement, or permanency. GALs testify to the manifest best interests of the children in every termination of parental rights trial. GALs visit the children to determine what they need, what they want, and how best to help them. We have successes on a daily basis. Some are small, like getting winter clothes provided to a child who was dropped off at the caregiver with nothing other than the clothes he was wearing, which were inappropriate for the season. Some are a little bigger, such as getting a change of placement for three little girls who were placed in a home that was infested by rats. And some are life-changing, like filing a petition for termination of parental rights to place a child in a forever adoptive home. On October 23, I presented a GAL Lunch and Learn (free lunch and CLE!) about helping clients in wheelchairs, with a case study of one of those life-changing cases. Darryl had just turned 17 when he was sheltered for medical neglect. He had been paraplegic since he was three years old. He had been in and out of the hospital for the past year and was malnourished, had serious pressure sores that went to the bone, was wearing diapers, and stayed in bed most of the day, doing school as a hospital/homebound stutheBriefs November 2018 Vol. 86 No. 9

in his class. He began his career as an attorney with Pitts, Eubanks, Ross & Rumberger, P.A., retiring from the same firm 43 years later as a senior partner of Hilyard, Bogan & Palmer, P.A. The Honorable William Rogers Turner, a native Floridian, passed away peacefully on September 2, 2018. He attended Emory University and obtained an A.B. degree in 1958, after which he graduated from Stetson University College of Law in 1961. In 1968, at the age of 32, Judge Turner was elected to the Criminal Court of Record of Orange County. In 1972, he ran unopposed for the circuit court and was reelected four times thereafter. From 1981 to 1983, he served as Chief Judge of the Ninth Judicial Circuit. Judge Turner retired from the bench in January 2003. I have enjoyed hearing from and writing about you – my OCBA colleagues – these past few years. You are awesome! But, it is time for me to pass the pen to your new “Hearsay” columnist, Linnea Eberhart, Esq. Please be sure to send news about your activities and accomplishments, and birth and death announcements, to Linnea at leberhart@mtwlegal.com. Remember, “Hearsay” is for you! Thank you and Happy Thanksgiving! Vanessa A. Braga, Esq., is an associate attorney with Quintairos, Prieto, Wood & Boyer, P.A., practicing in the areas of nursing home and assisted living facility defense litigation, premises liability, and medical malpractice defense. She has been a member of the OCBA since 2014.

dent. With the help of pro bono attorney Ed Alexander, Esq., and a terrific team of professionals, by the end of the year, this young man was in school, on a bowel and bladder program that allowed him to stop wearing diapers, ride his handcycle, play wheelchair basketball, and learn to drive a car with hand controls. Orange County is different from every other county in Florida in that we are able to assign attorneys as GALs. This is because we have such great support from the OCBA, which values service as the highest mark of professionalism. The GAL Program covers every case that is unassigned until it is assigned to a pro bono attorney. And since new cases come in every day, we have children who need an attorney every day. Even when we do not achieve the result we had hoped for – even when it seems that there are no good results possible – we know that the work we do can change lives and even save lives. If you have worked with the GAL Program in the past, thank you. If not, I hope you will consider helping a child through the Legal Aid Society. For more information about trainings, contact mcarbo@legalaidocba.org; for a pro bono case, contact jmason@legalaidocba. org. If you would like to help with the Breakfast of Champions fundraiser, please contact boc@legalaidocba.org. Sally McArthur, Esq., is the guardian ad litem / independent living attorney in the GAL Program at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2007.

Business Valuations ❙ Forensic Accounting Elder Care ❙ Divorce Consulting ❙ Fraud Examination Litigation Support ❙ Economic Damages

www.orangecountybar.org

PAGE 33

ParalegalPost

S Paul Pelton, FRP

Mentorship Gives Meaning to Real-World Practice

ince 2015, I have had the honor of serving as chair of the OCBA Paralegal Section Mentorship Program. When I was appointed to this position, I was assigned the task of developing a program that would promote career development and professionalism among paralegals – a program that would help paralegals realize their strengths, weaknesses, and full potential, and grow the leaders of tomorrow. Over the last three years, I have had the privilege of developing such a program and paring several mentors and mentees. To give you a better understanding of the impact mentorship can have on your career, Michelle Montecalvo and Marisol Gomez, FRP, share their experiences and perspectives with you regarding the Mentorship Program in their own words. A Mentee’s Perspective By Michelle Montecalvo* The OCBA’s Paralegal Mentorship Program is a partnership that matches seasoned paralegal professionals with less-experienced individuals seeking to develop their skills. The goal of the program is to provide an additional source of support through the sharing of knowledge and real-world experience. The mentee journey for me began in early 2018, about a year after securing a position in an established personal injury/class action firm, and then, subsequently, earning my Paralegal Certificate. Like most recent program graduates, I soon realized that education alone was not a substitute for the practical knowledge needed to adequately support a busy law practice. In order to compensate for the lack of standard work-flow experience, I began actively searching for solutions to fill the gap in my skillset. Many successful people, including paralegals, cite mentorships as being an integral part of their professional development. I was pleased to learn that the OCBA offered that opportunity through its Paralegal Mentorship Program. The program is free, and has a user-friendly application process, as well as a simple structure for mentees to stay on a productive path. After the application process was completed, I was paired with Marisol Gomez, FRP, a nearly 20-year paralegal veteran with a wide breadth of legal experience. Under Marisol’s tutelage, I have been able to gather insight and knowledge that otherwise may have taken years to acquire through much trial-and-error. In a short time, our partnership has resulted in measurable out-

PAGE 34 www.orangecountybar.org

comes that have made a significant difference in my level of competency. In addition to offering guidance on navigating the legal field, mentorship has served as a sounding board for questions and concerns. Our monthly Mentor-Mentee meetings are relaxed and casual, and center on an agenda comprised of the challenges I have encountered in the past month. Discussions often evolve into other professionrelated topics, such as court rules, best practices, and where you can earn free CLE. In sum, the OCBA Paralegal Mentorship Program, and Marisol in particular, have functioned as a compass over these last few months, providing direction and guidance in employing systems that facilitate successful workplace performance. These improvements have resulted in fewer missteps and increased efficiency, and they have been instrumental in promoting both firm and client success. A Mentor’s Perspective By Marisol Gomez, FRP* I have always enjoyed sharing what knowledge I possess with others. After all, what good is the knowledge you have if you don’t share it to empower others? Throughout my career, I have mentored other aspiring paralegals in my places of employment – I tend to fall into the role of one of the “go-to persons” in the office. As a paralegal, you face many challenges; however, despite those challenges, I truly enjoy and love doing what I do. Being able to share my knowledge and enthusiasm for what I do is a bonus. When the OCBA Paralegal Mentorship Program approached me about becoming a mentor, I was excited to become part of something that promotes empowerment of others. At the beginning of my career, a lot of what I learned was by trialand-error. As with any career, having available resources is important in your success. I am honored and humbled to be able to provide that to others. This opportunity has challenged me to reflect on my past learning experiences, and has allowed me to hone in on my strengths and weaknesses. Working with Michelle has allowed me to step out of my comfort zone; while working on any given project, everything comes as second nature to me, I typically work on autopilot. Mentoring Michelle has allowed me to step back and view the process from the outside, and reflect on the steps required to complete specific tasks. Michelle has been an excellent Mentee, always prepared

theBrief s November 2018 Vol. 86 No. 9

with questions, taking my advice, but also giving her input. Mentoring has helped me improve my skills and become more “aware” of my daily functions. Mentorship is beneficial in career development to both the mentor and the mentee. How You Can Get Involved If you would like more information about the OCBA Paralegal Section Mentorship Program, please visit our website (https://www.orangecountybar.org/about/ paralegal-section/), download the Mentorship Program Guide, and discover how you can participate as a mentor, or mentee, in this rewarding program. Paul Pelton, FRP, The Maher Law Firm, is chair of the OCBA Paralegal Section Mentorship Program. He has been a member of the OCBA since 2015. *Michelle Montecalvo, Normand PLLC, earned her paralegal certificate from Duke University in 2017 after working as an editor for nearly 20 years. She has been a member of the OCBA since 2017. *Marisol Gomez, FRP, Colling Gilbert Wright & Carter, earned a degree in paralegal/legal studies in 2001 and has worked as a worker’s compensation legal assistant, and paralegal, and as a civil litigation paralegal for both plaintiff and defense. She has been a member of the OCBA since 2014.

President’sMessage continued from page 3

Joining is easy. You can join committees when you renew your membership or at any time throughout the year by logging in to your member profile on the OCBA website. You are given the opportunity to select which committee(s) you wish to join and your information will be given to the committee chair. Again, let me thank all of our committee chairs and cochairs for their service and all of you who help make our committees a success. Richard S. Dellinger, Esq., a shareholder with Lowndes, Drosdick, Doster, Kantor & Reed, P.A., practices in the litigation department in the areas of business litigation, trust and estate litigation, and significant dissolution of marriage. He has been a member of the OCBA since 1999.

LASNews continued from page 30

a new place, but even more difficult after a natural disaster such as Hurricane Maria. I truly enjoy what I do, and I am thankful that I can use my skills and knowledge to help people who are in desperate need. Ultimately, I want my story to be an inspiration to anyone who has gone through similar circumstances. I want to show others that they can do anything they put their mind to even when it seems unattainable. Life will always find a way to hold you back, but it is what you do at your lowest point that defines who you will be. For more information, please contact Laura Maria Gutierrez, Esq., lgutierrez@legalaidocba.org, 407-841-8310. For more information about how to become a financial donor or help with our fundraising efforts, please contact Donna Haynes, director of development, at 407-515-1850 or dhaynes@legalaidocba.org.” Laura Maria Gutierrez, Esq., is the disaster relief coordinator at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2018.

theBriefs November 2018 Vol. 86 No. 9

ProfessionalismCommittee credits. But is this enough? Does continued from page 5

illustrate to his or her client their aggressive tactics; however, what the client and attorney forget is that aggressive litigation does not always translate into smart litigation. The fictionalized version of aggressive litigation actually works against productive action for a client. And, without a doubt, a prospective client would rather hire the attorney that will provide the best chance at prevailing in a potential case, regardless of whether or not the attorney will make snide and sarcastic comments designed to deride the confidence of opposing counsel. So, what can be done to help the civil bar? Circuit courts in Florida have adopted the Professionalism Panels to monitor and evaluate potential unprofessional behavior of attorneys. These panels are an important tool because they are designed for an internal review of unprofessional conduct before bar counsel becomes involved. Often times, a referral to a circuit’s Professionalism Panel serves as a wake-up call to the aggrieved attorney. The aggrieved attorney has an opportunity to discuss his or her conduct in a confidential setting and learn how approach matters differently. Proper mentoring is also an important part of raising the level of professionalism within the bar. The civil bar is much larger than the criminal bar, and there are more opportunities for a new attorney to hang a shingle without any guidance. To that end, many local bar associations, including the OCBA, have developed mentoring programs whereby less experienced attorneys can seek guidance from some of the elite attorneys in the area. These programs are a vital resource for young attorneys and should be sought out at every opportunity. In 2005, The Florida Bar began requiring CLE credits for professionalism,8 in an effort to achieve substantive professionalism, and as mentioned above, in 2011 the Florida Supreme Court adopted language in the Oath of Admission that now includes a clause on civility and professionalism. To assist with these goals, many local bar associations have a professionalism committee, which looks to offer CLE seminars for professionalism

www.orangecountybar.org

this foster the type of professional atmosphere that regularly occurs in criminal law? The legal differences between a criminal case and civil case cannot be changed; however, attorneys in the civil bar can take steps in order to recreate those aspects of a criminal court that develop professionalism between attorneys; members of the civil bar should look for opportunities to interact with each other apart from normal work hours. When attending events held by the bar association or a bar committee, attendees should interact with anyone else but the other members of their firm. Local alumni associations are also important as they provide a common ground for attorneys, who may be on opposing sides of a hotly contested case. Finally, firms should encourage their attorneys to become involved with bar associations, Inns of Court, and the like. In the end, it is the development of personal relationships that will cultivate better professionalism. It takes time to develop relationships and a reputation, but by raising the level of professionalism within the civil bar, we can raise the public opinion of attorneys and the judiciary. Patrick M. Delaney, Esq., is an associate at Rumberger, Kirk & Caldwell. He is licensed to practice in Florida, Texas, and Virginia. He has been a member of the OCBA since 2016. In re Oath of Admission to The Florida Bar, No. SC11-1702 (Fla. 2011). 2 Fla. Stat. .002 (2018). 3 Fla. Stat. §921.002(1)(b). 4 Fla. Const. art. I, §16(b) (stating “Victims of crime or their lawful representatives, including the next of kin of homicide victims, are entitled to the right to be informed, to be present, and to be heard when relevant, at all crucial stages of criminal proceedings, to the extent that these rights do not interfere with the constitutional rights of the accused.”). 5 See Duret, Daphne, Merhige sentenced to 7 consecutive sentences of life in prison, Palm Beach Post, Oct. 28, 2011, https://www.palmbeachpost.com/news/crime--law/merhigesentenced-consecutive-sentences-life-prison/ HbVbBUGHpPXZAAcRrFNIRM/. 6 The Briefs, May 2008, Vol. 76, No. 5; pgs. 11 – 12. 7 In 1965 there were 9,281 members of The Florida Bar in good standing. As of July 1, 2018, there were 91,858 members of The Florida Bar in good standing. 8 Rizzardi, Keith, Defining Professionalism: I Know it When I See It?, The Florida Bar Journal, Vol. 79, No. 7, pg. 38 (July/August 2005). 1

PAGE 35

SideBar

eptember and October were very busy months for our voluntary bar associations. Here is a brief look at the many wonderful events that have happened these past two months. PCPBA On September 28, 2018, the Paul C. Perkins Bar Association (“PCPBA”) co-hosted a mixer with the Barry Law Black Law Students Association and the Florida A&M University (“FAMU”) Black Law Students Association at Danny and Pat’s.

Alena V. Baker, Esq.

CFAWL In September, the Central Florida Association for Women Lawyers (“CFAWL”) hosted a Table for Eight program, which, in addition to amazing camaraderie, offered a multi-course meal of Southeast Asian food paired with wines from around the world. CFAWL also enjoyed a great time at Orlando Eye in September, and members teamed up with the Greater Orlando Asian American Bar Association (“GOAABA”) for Paint Night at Ember on September 27, 2018. If you missed out on any of these events, don’t worry, CFAWL has a ton of exciting programming coming up. Just make sure your membership is renewed so you’re getting their e-blasts by going to cfawl.org/membership. Search our hastags #CFAWLconnects #CFAWLprograms on social media. FBA Orlando Chapter On September 12, 2018, the Orlando Chapter of the Federal Bar Association (“FBA Orlando Chapter”) welcomed the following board members for the 2018-2019 year: Lauren Millcarek, Esq., president; Colin Baker, Esq., president-elect; Vince Citro, Esq., vice president of programs; Ryan Santurri, Esq., vice president of membership; Vincent Falcone, Esq., treasurer; Robin Nauman, Esq., secretary; Lakisha Davis, Esq., judicial relations director; Andrew Ballentine, Esq., special projects director; Dustin Mauser-Claassen, Esq., young lawyers’ director; Leia Leitner, Esq., communications director; and Téa Sisic, Esq., national delegate. On September 15, 2018, president Lauren Millcarek, Esq., and vice president of the Eleventh Circuit (and past chapter president) Mike Vitale, Esq., represented Orlando at a cocktail reception during the national Federal Bar Association’s (“FBA”) annual convention in New York. At the convention, the FBA presented the Orlando Chapter with the Chapter Activity Presidential Achievement Award. On October 26, 2018 at 12:00 p.m., the FBA Orlando Chapter hosted its annual State of the District address. For more information, please check out the chapter’s Facebook page. George C. Young American Inn of Court The George C. Young American Inn of Court (“Inn”) started its 2018-2019 year by welcoming new members and breaking bread at the Historic Dubsdread Ballroom. The mission of the Inn

PAGE 36

is to “inspire the legal community to advance the rule of law by achieving the highest level of professionalism through example, education, and mentoring.” The more than 100 members, lawyers, and judicial officers have been divided into either a pupilage group or service committee. Each month, a pupilage group will present techniques on dealing with difficult issues, such as clients, opposing counsel, judges, attorneys, trials and mediations, and appeals. Service committees will volunteer at Howard Middle School, a domestic violence shelter, and on a project that focuses on elder law issues.

GOAABA The Greater Orlando Asian American Bar Association (“GOAABA”) had a busy September, which started with an Alien Land Law discussion at FAMU School of Law. GOABBA was proud to host speakers and Constitutional Review Committee members, Commissioner Belinda Keiser and Commissioner John Stemberger, Esq. In September, GOAABA also teamed up with CFAWL to host a Paint Night at Ember. In addition, in October, there was a very informative lunch discussion on financial planning basics with a financial planner and a community event with the Youth Enrichment and Senior Services (Y.E.S.S.) Center to discuss wills, probate, and estate planning issues with senior citizens in our community. GOAABA future events include: a CLE entitled Negotiating Around and Through Minefields in Mediation on November 1 with presenter Michelle Jernigan, Esq.; volunteering on November 3 with United Against Poverty; and Y.E.S.S. discussion about careers with REACH high school students. Rounding out the last two months of the year, GOAABA’s holiday party at is scheduled for December 5, 2018 at 6:00 p.m. at Dragonfly. GOABBA hopes to see you all at these future events! HBACF On October 3, 2018, the Hispanic Bar Association of Central Florida (“HBACF”) hosted the Intern for a Day program at the Orange County Courthouse. This event was open to all college or law students interested in learning more about what happens inside the courtroom and featured lunch with Ninth Judicial Circuit Court Chief Judge Frederick J. Lauten.

CFGALLA The Central Florida Gay and Lesbian Law Association (“CFGALLA”) held its first annual joint voluntary bar event during the 2018 Come Out With Pride Festival. The event, which was held at Barry Miller Law on October 13, 2018, was open to any and all members of Orlando’s voluntary bar associations as well as members of the Orange County Bar Association. Remember, “SideBar” is for you! We want to hear what’s going on, so please send information about theBrief s November 2018 Vol. 86 No. 9 www.orangecountybar.org

CFAWL Night Out

upcoming events, as well as past events, along with photos and IDs to my attention at alena@bakercriminaldefense. com. Alena V. Baker, Esq., of Alena Baker Criminal Defense, P.A., is a solo practitioner who practices primarily in the area of criminal law throughout Central Florida. She has been a member of the OCBA since 2011 and is a board member of the Criminal Law Committee of the OCBA.

CFAWL & GOAABA Paint Night PCPBA Mixer with Barry & FAMU Law Students Arti Hirani, Esq. Heather McDonald Kolinsky, Esq.

FBA Orlando Chapter

Lauren Millcarek, Esq. Vince Citro, Esq.

The George C. Young American Inn of Court Carolyn M. Salzmann, Esq.

YOUR LOGO

Your Law Firm 1234 Main Street Anytown, TX 12345 512-555-1234 payments@yourlawfirm.com www.yourlawfirm.com

THE PREFERRED CHOICE

Invoice Payment

For more than a decade, LawPay has been the go-to

Payment Detail Amount

solution for legal professionals. Our simple online payment

$ 500.00

Card Information

solution helps you get paid faster by letting you attach a

Name on Card Roy Smith Card Number

August

secure payment link to your email, website, or invoices so

CVV

5555 5555 5555 5555

111

Exp. 2020

PAY ATTORNEY

that clients can pay with just a click. Our solution was developed for law firms, so earned and unearned fees are

EASY FOR YOUR CLIENTS, A NO-BRAINER FOR YOUR FIRM.

separated and your IOLTA is always protected from any third-party debiting. No online payment processor has more experience helping lawyers than LawPay.

Bar-Approved Member Benefit

Contact our legal payment experts at 888-553-8340 or visit lawpay.com/ocba LawPay is a registered ISO of Citizens Bank, N.A.

theBriefs November 2018 Vol. 86 No. 9

www.orangecountybar.org

PAGE 37

PhotoOps Judicial Assistants Luncheon Battle of the Boards

On October 12, the Criminal Law Committee hosted a Judicial Assistants Luncheon at the Citrus Club in appreciation of the hard work the JAs do for the criminal bench. Thank you for your dedication! The OCBA Executive Council and the YLS board recently competed in three rounds of spirited battle, vying for a coveted top spot in the Corn Hole, JeoParody, and “Giant Jumbling Blocks” competitions. Nick Shannin, Esq., past president of both the OCBA and YLS, refereed the event. As expected, there were plenty of rule interpretations, rule discussions, and rule application questions for Nick to resolve. The OCBA Executive Council won for the second year in a row, and a good time was had by all!!

Speaker: Hal Kantor, Esq.

Tuesday, November 13, 2018

8:00 a.m.-9:30 a.m. OCBA Center OCBA Members Only FREE

Protection & Peace of Mind Since issuing its first policy in1989, Florida Lawyers Mutual has been providing Florida law firms with the protection and security needed for Peace of Mind. Why choose Florida Lawyers Mutual?

by November 12

Limited Seating • Breakfast Included

* Created by The Florida Bar * Rated “A” Excellent by A.M. Best

* Cyber Coverage Included * Aggressive Defense of Your Reputation

* Owned by our Policyholders * 10% Premium Discount for Board Certified Lawyers

* One on One Personal Service * Free CLE

Upcoming Dates & Speakers:

Tuesday, December 11, 2018: Speaker TBD Tuesday, January 8, 2019 • Speaker: W. Scott Gabrielson, Esq. (Register by Jan. 7 through the OCBA Store.) Please check the OCBA website for updates!

Call or visit us online to learn how professional liability insurance can protect you.

flmic.com | 800.633.6458 C R E AT E D F O R L AW Y E R S , B Y L AW Y E R S

PAGE 38 www.orangecountybar.org 1/4 page Protection & Peace of Mind Ad.indd 1

12/10/17 9:00 AM

theBriefs November 2018 Vol. 86 No. 9

Health & WellnessCommittee

Stress is an Opportunity to Shine!

I William D. Umansky, Esq.

am the first one to admit that I don’t always have the poise to deal with every little thing that comes up. However, I have come to understand how I deal with multiple and sometimes stressful situations, including all the commitments I have as well as working and dealing with difficult clients. See each emergency as a challenge, not a problem! Recognize and expect that every day will bring a challenge. A challenge that you will address and, in many cases, conquer and as a result be more experienced, confident, and wise.

And I mean confident. The more you expect that a problem will arise, you can see it as a challenge, address it, and find the solution. By doing so, you will take comfort and solace that you have continued to develop personally and professionally. I don’t always exhibit poise, but I am confident that I can find a way. We all falter, but there is always a way if we are quiet in the storm and look for the opening provided to us. William D. Umansky, Esq., The Umansky Law Firm, is a member of the OCBA executive council. He has been a member of the OCBA since 1995.

Law WeekNews

A Lorraine N. Pitre, Esq.

Volunteer Today to be Part of Law Week 2019!

s we kick off OCBA’s Law Week program, we are mindful of the importance of this year’s American Bar Association theme: Free Speech, Free Press, Free Society. In the United States and around the world, freedom of speech and the press are among the most important foundations for a free society. Free speech and free press are prominent topics in public discourse and litigation. It is impossible to imagine a free society without these individual liberties, yet historical and current debates surrounding them continually challenge us to consider their boundaries and resilience. Changes in technology have reshaped how free speech and free press work in the everyday world.

We are looking for OCBA members to serve as sub-chairs for our Law Week programs. There are distinct benefits that come with being involved! If you want to be more active in the bar, take a leadership role, meet and network with colleagues, and have lots of fun along the way, please reach out to us: Lorraine Pitre, Esq., at lorraine.pitre@ flhosp.org, or Andrew Irvin, Esq., at andrew@irvinlegal.com. We look forward to hearing from you! Lorraine N. Pitre, Esq., Florida Hospital, has been a member of the OCBA since 2012. Andrew P. Irvin, Esq., Irvin & Irvin, PLLC, has been a member of the OCBA since 2011. This is their second year co-chairing the Law Week Committee.

Andrew P. Irvin, Esq. theBriefs November 2018 Vol. 86 No. 9

www.orangecountybar.org

PAGE 39

Ne w M e mbe rs Attorneys Benjamin P. BUTTERFIELD Taylor L. CHATTING Derek A. CONN Alexandria N. EPPS Erica GARCIA Nicole W. GIULIANO Mark D. GUSHIKEN Lisa Gabrielle HARVEY Jonathan M. HOFFMAN Matthew K. McMILLAN

Angel M. MERCADO Juan P. NAVARRO James Lawrence NULMAN David J. PEDERSEN Vanessa N. PUGH Andrea F. RIBEIRO Jean RICHARDSON Ortavia D. SIMON Adam J. STACK

Law Students Robert Brandon SALTER Rosely TORRES

Patron Brian McCARTHY

Affiliate Margaret FRYE

Invite your colleagues to join the OCBA today!

Go to www.orangecountybar.org to join online and see our calendar of upcoming events, seminars & activities! 407-422-4551, ext. 225

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

20 or More Members

Dean, Ringers, Morgan & Lawton, P.A. Rumberger, Kirk & Caldwell P.A. Shutts & Bowen, LLP Wicker, Smith, O’Hara, et al. Winderweedle, Haines, et al.

10-19 Members

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

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

PAGE 40

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

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

fs November 2018 Vol. 86 No. 9

www.orangecountybar.org theBrie

Events Nov. 8 – 11 Annual Breakfast of Champions. 7:30 a.m. The Ballroom at Church Street. th

Nov. 13 – Member Perks. 8:00 a.m.-9:30 a.m. OCBA Center. Speaker: Hal Kantor, Esq. Register by Nov. 12 through the OCBA Store. Dec. 11 – Member Perks. 8:00 a.m.-9:30 a.m. OCBA Center. Speaker: TBD. Sponsored by Orange Legal. Register by Dec. 10 through the OCBA Store. Jan. 8 – Member Perks. 8:00 a.m. -9:30 a.m. OCBA Center. Speaker: W. Scott Gabrielson, Esq. Sponsored by Milestone Reporting. Register by Jan. 7 through the OCBA Store.

Seminars Nov. 5 – Preservation 101: Think You Might Want to Appeal? Make Sure You Preserve!! Brown Bagging with the Bobs. 12:00 p.m.-1:00 p.m. Orange County Courthouse 23rd Floor Conf. Room. CLE: 1.0 (pending). Speaker: Jamie Billotte Moses, Esq. RSVP to Cindy Brown at ctjacb1@ocnjcc.org. Nov. 5 – Exploitation of the Elderly. Estate, Guardianship & Trust Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members); $15 (non-members). Speaker: Alexander S. Douglas, II, Esq. Sponsored by: Orlando Estate Sale Ladies. Register by Nov. 2 through the OCBA Store. Nov. 6 – Guardianship of the Person. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: David Yergey, Jr., Esq.; Catherine Tucker, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Nov. 7 – Conversation with the Comptroller: Tax Deeds, Property Fraud Alert, and Other Topics of Interest to the Business Law Practitioner. Business Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members); $15 (non-members). Speaker: Phil Diamond, Esq. Sponsored by: Data Analyzers. Register by Nov. 5 through the OCBA Store. Nov. 8 – Understanding the Generational Gap: How the Next Generation Views the Future of Law Firms. Professionalism Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (approved). Free (OCBA members); $15 (non-members). Speakers: Terron Clark, Esq.; Chase Hattaway, Esq.; Laura M. Walda, Esq.; Tai Phetsanghane, Esq.; Conti Moore, Esq. Sponsored by Thomson Reuters and the Legal Marketing Association. Register by Nov. 6 through the OCBA Store. Nov. 13 – Houston, We Have a Problem: Identifying Dependent Children Involved in Gangs & Human Trafficking. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: Mary Ann Etzler, Esq.; Daniela De Assis; Meybelin Barrera. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Nov. 16 – Meet the Judge with The Honorable Julie O’Kane. Family Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (approved). Free (OCBA members); $15 (non-members). Speaker: Hon. Julie O’Kane. Sponsored by: Seacoast Bank. Register by Nov. 14 through the OCBA Store. Nov. 16 – Practicing in the Eleventh Circuit Court of Appeals. Appellate Practice Committee. 2:00 p.m.-4:00 p.m. OCBA

Center. CLE: 2.0 general (pending). Free (OCBA members); $15 (non-members). Speakers: The Hon. John Antoon, II; Elizabeth C. Wheeler, Esq.; Margaret E. Kozan, Esq.; William R. Ponall, Esq.; Rosemary T. Cakmis, Esq.; Michael M. Brownlee, Esq. Register by Nov. 14 through the OCBA Store. Nov. 27 – Hot Topics in Immigration. International & Immigration Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (approved). Free (OCBA members); $15 (nonmembers). Speaker: Nayef Mubarek, Esq. Register by Nov. 25 through the OCBA Store. Nov. 29 – Closing the Gap in Mediation. ADR Committee. 3:30 p.m.-5:00 p.m. OCBA Center. CLE: 1.5 general (pending). Free (OCBA members); $15 (non-members). Speakers: David W. Henry, Esq.; A. Michelle Jernigan, Esq.; Jeffrey M. Fleming, Esq.; Albert R. Tetrault, Esq.; K. Judith Lane, Esq. Sponsored by: Upchurch Watson White & Max Mediation Group. Register by Nov. 27 through the OCBA Store. Nov. 30 – Criminal Law Committee Major Seminar. Details to come. Dec. 4 – Mental Health Issues in Family Law Litigation. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speaker: Angel Bello-Billini, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Dec. 10 – Case Law Update. Estate, Guardianship & Trust Committee. Time: TBD. Wells Fargo Building. CLE: TBD. Free (OCBA members); $15 (non-members). Speakers: Christina M. Miner, Esq.; Lea Anne Groover, Esq.; Cory B. Suter, Esq.; Alexander S. Douglas, Esq.; Amber Jade Johnson, Esq.; Joseph M. Percopo, Esq. Register by Dec. 8 through the OCBA Store. Dec. 11 – Is That Your Final Answer? Knowing What to Ask About the Regis [Philbin] Little Act. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: Coravious Cowart, Esq.; Lauren Pankuch, Case Coordinator. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Dec. 12 – Mediation in Contested Guardianship. Elder Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (approved). Free (OCBA members); $15 (non-members). Speaker: David C. Brennan, Esq. Register by Dec. 10 through the OCBA Store. Dec. 13 – Social Security Case Law Update and Preserving Issues for Appeal. Social Security Law Committee. 12:00 p.m.1:40 p.m. OCBA Center. CLE: 2.0 general (pending). Free (OCBA members/gov’t/students); $15 (non-members). Speaker: Sarah Fay, Esq. Register by Dec. 11 through the OCBA Store. Dec. 20 – Intellectual Property Law Committee Seminar. Details to come. Jan. 8 – Technology Committee Seminar. Details to come. Jan. 11 – Labor & Employment Committee Seminar. Details to come. Jan. 18 – Family Law Committee Seminar. Details to come.

Jan. 25 – Bankruptcy Law Committee Seminar. Details to come.

An n o unce ments

theBriefs November 2018 Vol. 86 No. 9

www.orangecountybar.org

PAGE 41

CLASSIFIED ADS EMPLOYMENT THE LAW FIRM OF FISHER RUSHMER, P.A. is seeking commercial litigation associate with 3 - 5 years experience. Portable book of business a plus. Generous benefits package available. Please reply with your resume to: lskinner@ fisherlawfirm.com. THE ORANGE COUNTY CLERK’S SELF HELP CENTER is in need of attorneys who speak Spanish, Creole or are ASL certified. The Self Help Center attorneys provide consultations to clients who need information regarding family law, evictions, and small claims. Self Help Center Attorneys can sign up to work for one or more days per month. For more information, please contact Candice Maull at candiced@ ocbanet.org. AV MULTI-PRACTICE FIRM NEEDS LITIGATION ATTORNEYS with minimum three years’ insurance defense experience for the following practice areas: general liability; auto; commercial transportation; premises liability. Candidates should have proven track record and a strong work ethic. Excellent opportunity for the right candidate. Please email detailed resume to hrf@awtspa.com.

PAGE 42

BI ATTORNEY NEEDED: ESTABLISHED INSURANCE defense law firm seeks trial attorney with 7+ years of trial practice experience. The candidate must have significant first chair experience at trial and should anticipate immediately preparing for and attending trial. A very lucrative compensation package is available for the right person. Send resumes to mheaberlin@gobelflakes. com. HEALTH ATTORNEY FOR SMALL LAW FIRM concentrating on physicians & health professionals in the N.W. Orlando area. Civil litigation, admin litigation, or healthcare experience a plus. Must be self-starters, & have excellent academic credentials. Admin law, health law, litigation or contract law experience helpful. Fax to (407) 3313030 or email TMesibov@ TheHealthLawFirm.com. NO TELEPHONE CALLS, PLEASE. SPECIALTY DEFENSE FIRM handling first party property/liability coverage issues and complex contractual/tort litigation seeks attorneys for its Maitland office. Insurance defense experience preferred. Fax/Mail resume to: Office Manager (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751.

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

DOWNTOWN ORLANDO LITIGATION FIRM is seeking a full-time litigation paralegal with 5-10 years’ experience handling insurance defense. Benefits and salary are based on experience. E-mail your resume to dianna@vasko. net.

OFFICE SPACE/SALE/ RENT/LEASE/SHARE TWO FURNISHED ATTORNEY OFFICES - one block from courthouse, post office and restaurants. Parking, conference rooms and kitchen use included. Call Kacy (407) 259-2426. ATTORNEY’S OFFICE AVAILABLE in great location on Bumby Avenue near SR 408. Conf room, kitchen, parking and WiFi included. Great location! $600 per month. Call Jim Turner (407) 234-3535. LAW OFFICE WITH OR WITHOUT ASSISTANT OFFICE/SPACE: Lk Highland Prep area. Charming historic house converted to offices. ORIGINAL HARDWOOD FLOORS/ WOOD TRIM – MUST SEE! $390.00-$745.00/ mo.,plus tax. Parking included. (407) 648-1500. SHARED OFFICE SPACE AVAILABLE DECEMBER 1ST. Two offices available with windows. One measures 11 x 13, the other measures 10 x 13. Shared conference room, break room. Storage area available. Located in

www.orangecountybar.org

Altamonte Springs, Florida off 436 near I-4. We are a law firm looking to share space with other professionals. Minimum of 1 year lease. Please contact Valarie at valarie@davidamaypa.com with any questions. SHARED LAW OFFICE SPACE AVAILABLE – Large shared executive suite with multiple offices for attorney and staff located in the North Quarter District. Rent includes shared receptionist and conference room upon availability. The building has plenty of parking. Inquiries to view the space, contact Jessica@CRTlegal.com. OFFICE SPACE FOR LEASE NEAR DOWNTOWN ORLANDO. Renovated. New AC Units, New Kitchen, New Floors. Rent includes water and electricity, security monitoring, cleaning services 2x week, Water Delivery and shredding services. Three offices, reception area, lobby, break and copy room. Taxes and Maintenance are separate. Please contact Jorge at 407.575.4361. PROFESSIONAL SPACE AVAILABLE in Ocoee for sharing with CPA. Copier and shared kitchen, semi-private conference room, bathroom, 1500 total feet, up to 1100 available. Contact Albert@ mixnerco.com.

theBriefs November 2018 Vol. 86 No. 9

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 Featured Benefits provider, contact our Advertising & Sponsorship Department.

•Advertising•

The Baker Press, Inc. – Finest Quality Printing since 1968 • Dave Thompson • 3606 Silver Star Rd., Orlando, FL 32808 • 407-290-5800 x219 dthompson@thebakerpress.com Living Magazines, Inc. /Vail Living Agency – Innovative Print & Advertising Design Catherine Hébert • P.O. Box 3450, Grand Junction, CO 81502 • 970-331-6491 trinitycathy@yahoo.com

•Legal Support Services•

Boehm & Boehm Forensic Media Consulting – Certified Comprehensive Litigation Support Solutions • Florian Boehm • 5036 Dr. Phillips Blvd., Ste. 155, Orlando, FL 32819 407-405-8483 • florian@boehmboehm.com 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 Data Analyzers | Digital Forensics & E-Discovery – Concrete Evidence, Solid Testimony, Successful Outcomes! • Brian McCarthy • 39 Skyline Drive, #1009, Lake Mary, FL 32746 • 321206-6718 (x106) • brian@forensicanalyzers.com DocuSign NPP – Members are eligible to receive special pricing starting at 10% off new or additional subsriptions. Custom pricing and rebates available for subscriptions that meet or exceed annual spend requirement. Enroll with NPP and start saving today! Milestone | Reporting Company – Our court reporters have set the standard for accuracy and professionalism in Orlando since 1979 • Evelyn Quintana • 315 E. Robinson St., S-510, Orlando, FL 32801 • 407-423-9900 • evelyn@milestonereporting.com Westlaw, a Thomson Reuters business – Westlaw, Legal Products and Services. Westlaw offers new OCBA members a 10% discount on the annual fee for services for your first year of OCBA membership. • Vaunda Lyles • 407-925-3398 • vaunda.lyles@thomsonreuters.com

•Professional Services•

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

•Office Equipment/Services/

Add the LRIS number to your playbook:

407-422-4537 Your support of LRIS helps fund member benefits, bar programs & community outreach activities. The OCBA LRIS is the only Florida Bar Approved Lawyer Referral & Information Service in Central Florida theBriefs November 2018 Vol. 86 No. 9

Verizon Wireless – Receive significant discounts on wireless calling plans, as well as discounts on accessories, devices and smartphones. Eligibility requirements apply. Visit NPP to learn more and to start saving. Best Buy for Business – Best Buy for Business offers top tier pricing on over 150,000 items. Discounts vary upon item category. Enroll with NPP and start saving today! Office Depot – With more than 16,000 in-stock office supply products, Office Depot has an extensive variety of items. Enroll in premier Office Depot pricing through NPP. Level(3) – Toll-free audio conferencing for only 2 cents per minute; no contract, setup or monthly fee. Additional telecomm solutions available. Enroll with NPP and start saving today!

Personal Services•

Expedia – Receive a discount on hotels from Expedia. Sign up today at NPP and find your freedom with an additional discount over and above Expedia’s already low prices. Visit NPP to learn more and to start saving. 1-800-Flowers.com – NPP members save 20% on 1-800-Flowers.com and 1-800-Baskets. com. Enroll with NPP and start saving today! DentalPlans – Members can receive a 15% discount, plus 3 months free with :DentalPlans. Choose from over 30 plans from healthcare brands like Cigna and Aetna. Annual dental savings plans range from $79 – $299 and cover over 100,000 dentists nationwide. Visit NPP to learn more and to start saving. Skechers – Direct Receive 30% off select work and corporate casual styles including OSHA compliant footwear and work boots. Enroll with NPP and start saving today! Sherwin-Williams – NPP members receive national account contract pricing on paints, coatings, and supplies. Members also receive free services on order planning and specification recommendations. Visit NPP to learn more and to start saving. The businesses listed herein (the “Vendors”) are not affiliated with the Orange County Bar Association (OCBA) and shall not under any circumstances be deemed to have any authority to act on behalf of the OCBA. The OCBA does not make, and expressly disclaims, any warranty, representation, responsibility, or guarantee as to (a) the quality or suitability of the Vendors, their products, or services, and (b) the duration or validity of any discount or other promotion offered by any of the Vendors.

www.orangecountybarrg

PAGE 43

OCBA Calendar

NOVEMBER - DECEMBER - JANUARY 2019

November

International & Immigration Law Committee Meeting 12:00 p.m. • OCBA Center Brown Bagging with the Bobs Preservation 101: Think You Might Want to Appeal? Make Sure You Preserve!! 12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. Room Estate, Guardianship & Trust Committee Seminar Exploitation of the Elderly 12:00 p.m. • OCBA Center Real Property Committee Meeting 11:30 a.m. • OCBA Center Professionalism Committee Meeting 12:00 p.m. • OCBA Center LAS Lunchtime Training Guardianship of the Person 12:00 p.m. • Marks Street Senior Center Business Law Committee Seminar Conversation with the Comptroller: Tax Deeds, Property Fraud Alert, and Other Topics of Interest to the Business Law Practitioner 12:00 p.m. • OCBA Center LAS Lunchtime Training 11th Annual Breakfast of Champions 7:30 a.m. • The Ballroom at Church Street Professionalism Committee Seminar Understanding the Generational Gap: Understanding How the Next Generation Views the Future of Law Firms 12:00 p.m. • OCBA Center Civil Rights Law Committee Meeting 5:30 p.m. • OCBA Center YLS Board Meeting 5:30 p.m. • OCBA Center Member Perks 8:00 a.m. • OCBA Center LAS Lunchtime Training Houston, We Have a Problem: Identifying Dependent Children Involved in Gangs & Human Trafficking 12:00 p.m. • Marks Street Senior Center Lawyers Literary Society Meeting 12:00 p.m. • OCBA Center Judicial Relations Committee Meeting 12:15 p.m. • Orange County Courthouse, 23rd Floor Conference Room Veterans Committee Meeting 12:30 p.m. • OCBA Center

PAGE 44

OCBA Executive Council Meeting 4:30 p.m. • OCBA Center ADR Committee Meeting 12:00 p.m. • OCBA Center Paralegal Section Lunch & Learn 12:00 p.m. • OCBA Center YLS Luncheon 11:30 a.m. • Citrus Club Family Law Committee Seminar Meet the Judge with The Honorable Julie O’Kane 12:00 p.m. • OCBA Center Appellate Practice Committee Seminar Practicing in the Eleventh Circuit Court of Appeals 2:00 p.m. • OCBA Center Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center Appellate Practice Committee Meeting 12:00 p.m. • Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Elder Law Committee Meeting 12:00 p.m. • OCBA Center Construction Law Committee Meeting 5:00 p.m. • OCBA Center

15 16

22 & 23 Thanksgiving Holiday

OCBA Offices Closed International & Immigration Law Committee Seminar Hot Topics in Immigration 12:00 p.m. • OCBA Center Social Committee Meeting 12:00 p.m. • OCBA Center Health & Wellness Committee Meeting 12:00 p.m. • OCBA Center ADR Committee Seminar Closing the Gap in Mediation 3:30 p.m. • OCBA Center Criminal Law Committee Major Seminar TBD

December

Real Property Committee 4 Meeting

11:30 a.m. • OCBA Center Professionalism Committee Meeting 12:00 p.m. • OCBA Center LAS Lunchtime Training Mental Health Issues in Family Law Litigation 12:00 p.m. • Marks Street Senior Center Business Law Committee Meeting 12:00 p.m. • OCBA Center

International & Immigration 6 Law Committee Meeting

12:00 p.m. • OCBA Center Estate, Guardianship & Trust Committee Seminar Case Law Update Time: TBD • Wells Fargo Building Member Perks 8:00 a.m. • OCBA Center LAS Lunchtime Training Is That Your Final Answer? Knowing What to Ask About the Regis [Philbin] Little Act 12:00 p.m. • Marks Street Senior Center Elder Law Committee Seminar Mediation in Contested Guardianship 12:00 p.m. • OCBA Center Lawyers Literary Society Meeting 12:00 p.m. • OCBA Center Veterans Committee Meeting 12:00 p.m. • OCBA Center OCBA Executive Council Meeting 4:30 p.m. • OCBA Center Social Security Committee Seminar Social Security Case Law Update and Preserving Issues for Appeal 12:00 p.m. • OCBA Center Civil Rights Law Committee Meeting 5:30 p.m. • OCBA Center YLS Board Meeting 5:30 p.m. • OCBA Center Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center Appellate Practice Committee Meeting 12:00 p.m. • Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Elder Law Committee Meeting 12:00 p.m. • OCBA Center Construction Law Committee Meeting 5:00 p.m. • OCBA Center ADR Committee Meeting 12:00 p.m. • OCBA Center Intellectual Property Committee Seminar TBD YLS Luncheon 11:30 a.m. • Citrus Club

10 11

21 24-28 Winter Holidays

OCBA Offices Closed

January

New Years Day 1 OCBA Offices Closed Perks 8 Member 8:00 a.m. • OCBA Center

www.orangecountybar.org

Happy Holidays!

There will be no OCBA Luncheons in November & December.

Technology Committee Seminar TBD Lawyers Literary Society Meeting 12:00 p.m. • OCBA Center Judicial Relations Committee Meeting 12:15 p.m. • Orange County Courthouse, 23rd Floor Conf. Room Veterans Committee Meeting 12:00 p.m. • OCBA Center OCBA Executive Council Meeting 4:30 p.m. • OCBA Center Social Security Committee Meeting 12:00 p.m. • OCBA Center Civil Rights Law Committee Meeting 5:30 p.m. • OCBA Center YLS Board Meeting 5:30 p.m. • OCBA Center Labor & Employment Committee Seminar TBD Estate, Guardianship & Trust Committee Meeting 12:00 p.m. • OCBA Center Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center Appellate Practice Committee Meeting 12:00 p.m. • Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Elder Law Committee Meeting 12:00 p.m. • OCBA Center Construction Law Committee Meeting 5:00 p.m. • OCBA Center ADR Committee Meeting 12:00 p.m. • OCBA Center Mentoring Program Meeting 5:00 p.m. • OCBA Center YLS Luncheon 11:30 a.m. • Citrus Club Family Law Committee Seminar 12:00 p.m. • OCBA Center Social Committee Meeting 12:00 p.m. • OCBA Center Health & Wellness Committee Meeting

11 14

15 16

18 22 23

12:00 p.m. • OCBA Center OCBA Luncheon 12:00 p.m. • Embassy Suites Downtown Orlando Bankruptcy Law Committee Seminar TBD Mentoring Program Year-end Event 5:00 p.m. • OCBA Center

24 25

theBriefs November 2018 Vol. 86 No. 9

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

880 North Orange Avenue Orlando, Florida 32801

FIGHTER LAW

407-344-4837

WE GLADLY PAY REFERRAL FEES TO ASSOCIATING COUNSEL WHEN PERMISSIBLE

CRIMINAL DEFENSE INJUNCTIONS PERSONAL INJURY SEXUAL ASSAULT THOMAS FEITER

ASHLEY PARKER

attorneys-named-super-lawyers%2F&psig=AOvVaw125D81miUVEOxFn7iItTzb&ust=1540049427072965 urce=images&cd=&ved=2ahUKEwjd-c2r6ZLeAhUK11MKHfuBBY8QjRx6BAgBEAU&url=https%3A%2F%2Fcordellcordell.com%2F2018%2Ffour-cordell-cordell-attorneys-named-super-lawyers%2F&psig=AOvVaw125D81miUVEOxFn7iItTzb&ust=154004942707 2965 2ahU 8QjRx6BAgBEAU&url=https%3A%2F%2Fcordellcordell.com%2F2018%2Ffo ur-cordell-cordell-attor120 E. ROBINSON STREET (407)-FIGHTER neys-named-super-lawyers%2F&psig=AOvVaw125D81miUVEOxFn7iItTzb &ust=1540049427072965 5 ggffd

ORLANDO, FLORIDA 32801

FIGHTERLAW.COM

(344-4837)

Orange County Bar Association – The Briefs – November 2018