Issuu

A Publication of the Orange County

Bar Association

Inside this Issue: President’s Message There’s Always More to Give Jamie Billotte Moses, Esq.

October 2015 Vol. 83 No. 8

Legal Aid Society News National Celebrate Pro Bono Week Catherine A. Tucker, Esq.

Special Feature: Law Week 2016 Paralegal Post Pouring into the Next Generation Facts and Case Summary – Paul Pelton, FRP Miranda v. Arizona

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theBriefs October 2015 Vol. 83 No. 8

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PAGE 1

Contents 3

President’s Message There’s Always More to Give Jamie Billotte Moses, Esq.

OCBA July Luncheon

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

Associate Editor David A. Meek, Esq.,

OCBA August Luncheon

OCBA Luncheon RamÓn A. Abadin President, The Florida Bar, 2015-2016

Hearsay Columnist Vanessa A. Braga, Esq.

OCBA Annual Trivia Contest

25 6 YLS on the Move

Professionalism Committee Jennifer A. Smith, Esq. 2016 OCBA Professionalism Award Presentations Kimberly Hosley Agee, Esq. SideBar Catherine “Kate” T. Hollis, Esq. Kimberly A. Lopez, Esq.

Side Bar Columnist Kimberly A. Lopez, Esq. YLS on the Move Jennifer A. Smith, Esq.

Clerk’s Corner Hearsay 2015: A Year of Initiatives at the Clerk’s Office Vanessa A. Braga, Esq. Tiffany Moore Russell, Esq.

30 9 Paralegal Post

Judicial News Investitures of the Honorable A. James Craner, the Honorable Patricia L. Strowbridge, and the Honorable Elizabeth J. Starr

Pouring into the Next Generation Paul Pelton, FRP

The Florida Bar Annual Convention

Rainmaking ’Tis the Season Michael Hammond, Esq.

New Lawyer Training Program 2015 New Members Special Feature: Law Week 2016 Facts and Case Summary – Miranda v. Arizona

The Florida Bar 2016 Leadership Academy

Legal Aid Society News National Celebrate Pro Bono Week Catherine A. Tucker, Esq.

Announcements

Classifieds

40 Calendar

Legal Aid Society LAS Teaching Tips Legal Aid Participates in Community Workshop Larri T. Thatcher, Esq. Jonathan E. Luke

w OFFICERS Jamie Billotte Moses, Esq., President Wiley S. Boston, Esq., President-elect Elizabeth F. McCausland, Esq., Treasurer Richard S. Dellinger, Esq., Secretary w EXECUTIVE COUNCIL Jared Brooks, Esq. Phillip K. Calandrino, Esq. Mary Ann Etzler, Esq. A. Felipe Guerrero, Esq. LaShawnda K. Jackson, Esq. Kristopher J. Kest, Esq. Eric C. Reed, Esq. Gary S. Salzman, Esq. Anthony F. Sos, Esq. Ryan Williams, Esq. Nicholas A. Shannin, Esq., Ex Officio Amber N. Davis, Esq., YLS President w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Communications Manager Peggy Storch Communications Assistant Darshini Ramkarran

Marketing & Sponsorship Coordinator Amanda Nethero

DEADLINE INFORMATION

Advertising – 10th of the month prior to the month of publication Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such. All contents ©2015 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Mark LeGrand, Creative Director, Pro One Video; Derek Smith, Photographer, Sunshine Photographics, Inc.

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

ISSN 1947-3968

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theBriefs October 2015 Vol. 83 No. 8

President’sMessage

October 2015 I Jamie Billotte Moses, Esq.

Young mom, young lawyer

Jamie with her kids today, Ashley (17) and Bennett (14)

There’s Always More to Give

f you had the privilege of attending the July bar luncheon, you heard Lee Corso’s kind and sincere presentation. I think all of us in attendance expected Lee to talk about sports, college football, ESPN, and maybe throw in a shout-out to Dixon Ticonderoga. What we got instead was a beautiful reflection of what’s important from a man who’s lived a full and successful life. Lee told us “95% of your real friends live in your house. If you think you do enough for your family, you are wrong, you can do more. If you think you don’t have any more time for your family, you’re wrong, you have more. You can’t love your family more, you can’t spoil your kids more, you can’t do enough for your family. Because, in the end, they are the ones that will be there for you.” Those are beautiful words and they hit home for many. The emotions that Lee evoked could be read on every face in attendance. It was a pleasant reminder that no matter how successful we become, all that really matters is the love of our families and those closest to us. If anyone has the ability to look back on life and say fame, fortune, or notoriety are what really matter, it’s Lee Corso. Although he has had his ups and downs, the ups have been very high and the present is the highest. Nevertheless, looking back, what he treasures most is his family. Thank you, Lee, for that reminder. I have practiced with Lee’s son David for more than 20 years. He is an amazing person: a great father, husband, law partner, attorney, client, son, brother, etc. When you meet someone like that, you wonder who in his life led him or guided him to be that way. I have never asked David how his moral compass was set, but I knew it had to be through someone special. I have known that Lee was David’s dad and I have had the opportunity to meet Lee on occasion. But I did not have the opportunity to get to know him until the July bar luncheon. Now I know why David is the way he is. I was particularly struck by Lee’s words because I have worked throughout all of my children’s lives. Although I love my job, every day I ask myself if I am doing the right thing. My kids are older now and have grown into independent, highly functioning young adults, so I know that my career has not sidetracked them in the least. But, when they were in elementary school

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and middle school, and I couldn’t be home after school to help with homework, I did question what effect my work might have on them. I suspect every working mother has these same questions. And all I can say to them is “it will all work out.” My observation of the working mothers in the Central Florida legal community is they make it work. Although the working mother typically feels she is letting down everyone involved in her life – her co-workers, her spouse, her children, herself – she is really giving more to any of them than is expected or even sometimes deserved. I hate to admit it, but guilt is an incredible motivator. When I was younger, my kids’ teachers would tell me I was one of the most involved mothers. I was always the home room mom or the class volunteer. Frankly, I did that because it allowed me to have a say in the scheduling of their school events. If I wasn’t the one planning the class party, the class picnic, or the volunteer readers, when the events finally got scheduled, I would have a deposition or some professional commitment that would prohibit me from attending. Nevertheless, when I was the one who took the lead on scheduling, these things got on my calendar before the work commitments did. Plus, the other parents benefited from a highly organized school year! I never shy away from those responsibilities. One time someone suggested I “leave it for the stay at home moms.” I just couldn’t do it. Not because I am a control freak, but because I didn’t want to miss anything, and the first time I got notice of a class party – the week of the class party – I vowed that would never happen again. Now, I have a senior and freshman in high school. I want so desperately to slow down the hands of time, but I know I can’t. Nevertheless, I am proud of the young adults they have become and I am confident my commitment to my profession AND my family will stay with them forever. I have no doubt my daughter will be incredibly successful and be a very good mother. I have no doubt my son will be incredibly successful and be a fully engaged father. I do doubt either one of them will be an attorney. Hopefully, that is not a reflection of my job, but rather a realization of their individual talents and preferences.

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Law Week 2016

Our Law Week activities include: Liberty Bell Award Naturalization Ceremony Pathways in Law Job Shadowing with the Judges DUI Mock Trial Big Bad Wolf Mock Trial Poster and Speech Contest 2nd Annual 5k Run Law Week Luncheon, April 28, 2016

In 2016, the nation marks the 50th anniversary of perhaps the nation’s best-known U.S. Supreme Court case, Miranda v. Arizona. Become involved in helping others understand the meaning and impact of this important ruling on the citizens of our country.

We need your energy, time, and creativity! If you’re

interested in participating, please contact co-chairs Andrew Roy at aroy@whww.com, or Jessica Travis at jessicatravispa@gmail.com. Upcoming meetings will be held at noon in the Grand Cypress room, OCBA Center 2015: Friday Oct. 2, 2015 Friday, Nov. 6, 2015 Thursday, Dec. 3, 2015 2016: Tuesday, Jan. 5, 2016 Tuesday, Feb. 7, 2016 Tuesday, March 1, 2016 Tuesday, April 5, 2016 If you plan to attend a meeting, please RSVP to OCBALawWeek@gmail.com.

Please Join Us for KINDERGARTEN CHAT THURSDAY, NOVEMBER 5 9:00 – 10:00 a.m.

PROSPECTIVE PARENT OPEN HOUSE THURSDAY, NOVEMBER 12 9:00 – 11:00 a.m.

CELEBRATING 20 YEARS of

ACADEMIC EXCELLENCE IN DOWNTOWN ORLANDO

PLEASE RSVP OR SCHEDULE A PERSONALIZED TOUR jfleming@thechristschool.org 407-849-1665 thechristschool.org

Serving Transitional Kindergarten – 8th Grade PAGE 4 www.orangecountybar.org

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OCBA LuncheonThursday, October 22, 2015

R Ramón A. Abadin, Esq.

Ramón A. Abadin, President The Florida Bar, 2015-2016

amón A. Abadin is a partner in the Miami office of Sedgwick LLP, where he focuses on complex commercial, insurance, and corporate litigation. Mr. Abadin’s focus as Bar president is on technology and challenging the Bar’s membership and leadership to recognize the transformation revolutionizing the legal services marketplace and to embrace that change. He joined the Bar’s Board of Governors in 2006. He has chaired the Legal Education Committee of the Vision 2016 Commission, an in-depth study of the future practice of law. Mr. Abadin, who received his J.D. degree from Loyola University New Orleans School of Law in 1985 and a bachelor of arts degree from Tulane University in 1981, is fluent in English, Spanish, and Portuguese. His family immigrated to the United States from Cuba in 1961, when he was two years old. His father, who was a lawyer in Cuba, worked odd jobs in this country to support his family. Mr. Abadin worked his way through college with jobs that included laboring on a dredge boat in the Mississippi River. As an adult, he has had a taste for adventure, trying anything from rafting to cave diving. He is married to Kimberly Cook, who is managing partner in the same Miami office of Sedgwick LLP, and they have three children.

Mr. Abadin was recently inducted into the American College of Trial Lawyers. He is a member of the Florida chapters of the American Board of Trial Advocates, the Federation of Defense and Corporate Counsel, and the International Association of Defense Counsel. He is a past president of the Cuban American Bar Association (2004) and is a lifetime fellow of The Florida Bar Foundation. He was a member and chair of the 3rd District Court of Appeal Judicial Nominating Commission (2004-2008). He was the 11th U.S. Circuit representative to the American Bar Association Standing Committee on the Federal Judiciary (2010-2013). Mr. Abadin is certified “AV” by the Martindale-Hubbell peer review rating system and has received numerous awards, including the prestigious G. Kirk Haas Humanitarian Award from The Florida Bar. He also has been recognized by the Haitian Lawyers Association, with that group’s Significant Contribution Award, and has received the Passing on Leadership Award from the Cuban American Bar Association.

The Ballroom at Church Street 11:30 a.m. - 1:00 p.m. 225 S. Garland Avenue • Orlando, FL 32801 Co-hosted by the Hispanic Bar Association of Central Florida

Sponsored by:

Please RSVP by Friday, October 16, 2015 RSVPs will not be accepted after October 16, 2015 RSVP through the OCBA Store at www.orangecountybar.org/store CANCELLATIONS must be received no later than October 16, 2015. To cancel, contact Marie West at mariew@ocbanet.org. The OCBA is happy to provide 7 luncheons as part of your member benefits, but no-shows incur additional charges for the bar and walk-ins cannot be guaranteed a seat.

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ProfessionalismCommittee

T Kimberly Hosley Agee, Esq.

Catherine “Kate” T. Hollis, Esq.

2016 OCBA Professionalism Award Nominations

he OCBA and Ninth Circuit Professionalism Committee’s purpose is to foster and encourage professionalism and civility in the practice of law through continuing legal education, law school outreach, articles in The Briefs, and participation on the Ninth Judicial Circuit Professionalism Panel. Now is the time of year when we begin the process to recognize those who serve as models of professionalism and civility, those whom other practitioners should emulate. Based on increased nominations and the success of the more in-depth review process we instituted in 2014, the nominating process will begin and end at the same time as last year. The shortened nomination forms are also the same as last year’s forms and can be downloaded from the OCBA website. We recognize three individuals each year with the following awards: The William Trickel, Jr., Professionalism Award recognizes a practicing attorney whose conduct and career stands as a model of success built on unquestioned professionalism. The award is given to an attorney who has practiced law fifteen or more years in any type of practice. Nominees must possess the following attributes: currently practicing law, career service, service to the community, service to the profession, consistently ethical conduct, courteous demeanor, high moral standards, and professional behavior that transcends mere ethical standards and rules. The Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award recognizes a practicing attorney whose conduct and career stands as a model of success built on unquestioned professionalism. The award is given to an attorney who

has practiced law less than fifteen years in any type of practice. Nominees must possess the following attributes: currently practicing law, career service, service to the community, service to the profession, consistently ethical conduct, courteous demeanor, high moral standards, and professional behavior that transcends mere ethical standards and rules. The James G. Glazebrook Memorial Bar Service Award recognizes a state or federal judge (including state magistrates, county court judges, circuit judges, appellate judges, federal magistrates, district court judges, and bankruptcy court judges) who serves Orange County or hears cases in a district which includes Orange County, who best embodies the following characteristics: (a) service to and support for the legal profession and/or the Orange County Bar Association and/or the Legal Aid Society of the OCBA; (b) dedication to professionalism, both in and out of the courtroom; and (c) leadership in promoting the qualities that heighten professionalism, including civility, integrity, and respect for our system of justice. All nominations must be received by October 30, 2015. If you would like to nominate an individual for one of these prestigious awards, please go to the OCBA website, or contact the OCBA executive director, Kim Homer, to obtain a nomination form. Kimberly Hosley Agee, Esq., an attorney with The Orlando Law Group, P.L., practices business law, representing clients with contract, real estate, and employment law needs. She has been a member of the OCBA since 2005. Catherine “Kate” T. Hollis, Esq., an attorney with Whitehouse & Cooper, PLLC, practices business and technology law. She has been a member of the OCBA since 2011.

Professionalism Award Nominations Sought 2016 Awards

he OCBA Professionalism Committee is now accepting nominations for the

William Trickel, Jr. Professionalism Award (attorney practicing 15 years or more) Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award (attorney practicing less than 15 years) James G. Glazebrook Memorial Bar Service Award (state or federal jurist)

These awards are the most prestigious awards presented by the OCBA each year. Recipients must be individuals whose conduct and career stands as a model of success built on unquestioned professionalism, service, civility, integrity, and respect for the legal system. Please consider nominating candidates who are worthy of the honor. Nominating petitions are available on the OCBA website homepage and at the OCBA office. Nominating petitions are due in the OCBA office by 5:00 p.m., Friday, October 30, 2015. If you have any questions, please contact Kim Homer, Executive Director, at 407-422-4551.

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theBriefs October 2015 Vol. 83 No. 8

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Clerk’sCorner

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

2015: A Year of Initiatives at the Clerk’s Office

ach year, as we move into the fall season, I like to take a moment and do a quick inventory of where I am, what I have achieved, and what still remains to be completed. Taking an inventory of the Clerk’s Office reveals an impressive list of accomplishments. As I look back, I note that the last several months have been filled with challenges and successes alike. From the recent opening of our Self Help Center to the resounding success of Operation Green Light, I couldn’t be more proud of the work our organization has done to better serve our customers. The Self Help Center was a campaign promise of mine, and I am extremely excited that it is now a reality. The center, which works with partners such as the Orange County Bar Association, the Legal Aid Society, and local law schools, provides legal assistance to those who cannot afford a private attorney or are otherwise unfamiliar with the legal process. I believe the center will be a true game-changer for many in our community. During these last few months we also launched our new my eClerk website. The site allows visitors to view public court documents online 24 hours a day, seven days a week. The initial web traffic on my eClerk was impressive and exceeded our expectations. In the first month alone, there were nearly three million case searches and more than one million documents viewed.

our office serving 860 customers and collecting more than $517,000 in overdue traffic tickets and outstanding criminal fines. The special two-day initiative also allowed 210 customers to reinstate their suspended drivers license. When I took the oath of office in November 2014, I emphasized three main priorities: customer service, technology, and access to the courts for all citizens. To ensure I was heading in the right direction with my objectives, I enlisted the help of several community volunteers and business leaders who became my transition team. The team looked at areas that were at the core of our office and after conducting interviews and reviewing materials, the team submitted a report with recommendations. Many of those recommendations have been implemented, and I believe we are well on our way to realizing my vision for the Clerk’s Office. I want to say a huge thank you to all of the deputy clerks who have contributed to these initial successes. I am amazed at all that we have been able to accomplish in just a matter of months and cannot wait to see what we will accomplish in the future. Tiffany Moore Russell, Esq., Orange County Clerk of Courts, has been a member of the OCBA since 2004.

Another first for the Clerk’s Office was Operation Green Light, a two-day event that allowed customers with overdue tickets or fines to pay the fines and late fees in full while saving the 40 percent collection agency surcharge. The turnout was astounding for this April initiative, with

Self Help Center ribbon cutting

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theBriefs October 2015 Vol. 83 No. 8

JudicialNews

Investitures of the Honorable A. James Craner, the Honorable Patricia L. Strowbridge and the Honorable Elizabeth J. Starr

n Friday, July 24, 2015, at Jones High School’s James W. “Chief ” Wilson Auditorium, investitures were held for three distinguished jurists: The Honorable A. James Craner and the Honorable Patricia L. Strowbridge as judges of the Circuit Court, and the Honorable Elizabeth J. Starr as judge of the County Court. Judge Frederick J. Lauten, Chief Judge of the Ninth Judicial Circuit, presided. The invocation was given by Ms. Dotti Wynne. Judge Craner was introduced by Carlos E. Payas, Esq., of Payas, Payas & Payas. The oath of office was given by the Honorable Greg A. Tynan of the Ninth Judicial Circuit, and the enrobing was performed by Devonna Craner and Alessa, Lane, and Audrey Craner. Judge Strowbridge was introduced by Pastor Randall James, retired, First Baptist Church, Orlando. The oath of office was given by the Honorable Leticia J. Marques, Ninth Judicial Circuit, and the enrobing was performed by Bob and Frankie Dudding, Charlette Rubio, Erika Swart, and Garrett, Christopher, and Samantha Wattles.

Hon. A. James Craner

Judge Starr was introduced by Daniel Gerber, Esq., of Rumberger, Kirk & Caldwell. The oath of office was given by the Honorable Heather L. Higbee, Ninth Judicial Circuit, and the enrobing was performed by Monte Starr, and Miley and Hon. Elizabeth J. Starr Jacob Starr. Each of the judges made remarks upon their investiture. Presentations were made to the judges by the Honorable Clyde E. Wolfe, Seventh Judicial Circuit, on behalf of the Conference of Circuit Court Judges; the Honorable Stefania C. Jancewicz, Ninth Judicial Circuit, on behalf of the Conference of County Court Judges; the Honorable Tiffany Moore Russell, Clerk of Courts, on behalf of the Circuit and County Courts of Orange County; and Jamie Billotte Moses, Esq., president of the Orange County Bar Association, on behalf of the American Board of Trial Advocates, Central Florida Family Law Inn of Court, George C. Young First Central Florida American Inn of Court, local voluntary bar associations, and the Legal Aid Society of the Orange County Bar Association. The benediction was given by Danny de Armas, Senior Associate Pastor, First Baptist Church, Orlando, and a reception followed at Sorosis Club of Orlando.

Hon. Patricia L. Strowbridge

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The Florida BarAnnual Convention Thomas B. Feiter, Esq. (left) of Orlando received the 2015 Justice Harry Lee Anstead Florida Bar Board Certified Lawyer of the Year Award at the Bar’s Annual Convention in Boca Raton from Board of Legal Specialization and Education chair John Henry Pelzer, Esq. (right). Thomas served as the Army’s first special victims counsel in the Middle East, particularly with Operation Enduring Freedom. He is a captain in the U.S. Army JAG Corps Reserve and the recipient of the Meritorious Service Medal. He also has taken an active role in the community to assist young lawyers prepare for court, in addition to volunteering at local law schools. He has been board certified in criminal trial since 2012.

Tenesia C. Hall, Esq., (right) was honored at The Florida Bar’s Annual Convention Judicial Luncheon with the 2015 Attorney of the Year Award from the Florida Law Related Education Association for outstanding service and commitment to educating the public about the American legal system and fostering respect and confidence in the courts and the legal profession. She is shown here with Leticia Diaz, Esq., Barry University.

OCBA president Jamie Billotte Moses, Esq., received The Florida Bar Appellate Practice Section’s 2015 Pro Bono Award. She is pictured here with fellow section member and immediate past OCBA president, Nick Shannin, Esq. Barry University’s Dwayne O. Andreas School of Law earned The Florida Bar’s Group Professionalism Award for the law school’s program, which mandates that Barry Law students satisfy a professionalism requirement in order to graduate. The purpose of the award is to recognize an organization that has an innovative program that can be implemented by other organizations to promote and encourage professionalism within the legal community. Dean Leticia M. Diaz, Esq., accepted the award from John T. Berry, Esq., The Florida Bar’s director of the legal division, at The Florida Bar’s Annual Convention in Boca Raton.

Chief Judge Anne C. Conway (center) of the U.S. Middle District of Florida received the William M. Hoeveler Judicial Professionalism Award from the Standing Committee on Professionalism at The Florida Bar’s Annual Convention. The award honors a jurist who exemplifies strength of character, service, and competence as a jurist, lawyer, and public servant. She is shown here with committee chair Michael Schneider, Esq. (left) and Florida Bar past president Greg Coleman, Esq. (right). PAGE 10

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theBriefs October 2015 Vol. 83 No. 8

SpecialNew Lawyer Training Program

New Lawyer Training Program 2015

ed by Richard Dellinger, Esq., of Lowndes, Drosdick, Doster, Kantor & Reed, P.A. and Felipe Guerrero, Esq., of Dean Mead, P.A., the OCBA’s New Lawyer Training Program: The Fundamentals of Practice in Orange County, wrapped up classes on August 8, 2015, with a reception at the OCBA center. This is the third year the program has been offered by the bar. Fiftyseven new lawyers and third-year law students participated in the program. The two-day program covered topics such as best practice techniques for civil circuit court; private criminal defense and plea bargaining; and dissolution of marriage, adoption, and domestic violence hearings.

Participants also received meaningful tips from three JA’s, information on how to open a solo practice, and practice management tips in the digital age. Many thanks go to the program presenters, including, The Hon. Frederick J. Lauten, The Hon. Patricia Doherty, Robert Evans, Esq., The Hon. Donald A. Myers, Jr., The Hon. Andrew Cameron, The Hon. Wayne Wooten, The Hon. Tiffany Moore Russell, Jamie Billotte Moses, Esq., James A. Altman, Esq., Kristopher Kest, Esq., Matthew Smith, Emy Vasquez, Sharon Correa, Chris Clements, Becky Bichard, Gay Aaron, Lisa Shorten, Brice Aikens, Esq., Camy Schwam Wilcox, Esq., Kimberly Homer, Esq., Melody Lynch, Esq., Keshara Cowans, Esq., Liz McCausland, Esq., Sara Brubaker, Esq., C. Todd Smith, Esq., Karen Keene, Richard Lee Barrett, Esq., Randy Sanders, Greg Leslie, Prithi Daswani, and Steven Kurland.

Bob Evans, Esq. and Richard Dellinger, Esq. Richard has led the course for three years and will be stepping aside to provide an opportunity for another attorney to take a leadership role 2016. New Lawyer Training Program 2015 Class

Thank you to our sponsors: 360 Financial Firm BMO Harris Bank Bright House Networks Curtis Protective Services Florida Lawyers Mutual Insurance Grace Gapuz, LLC MyCase Prithi Daswani CPA, PL US Legal Support

Arti Hirani, Esq., Matthew Prisco, Esq., Cameryn Rivera, Esq., Cynthia Bosco, Esq.

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Executive Council member, Felipe Guerrero, Esq.

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Special FeatureLaw Week 2016

Facts and Case Summary – Miranda v. Arizona Facts: he Supreme Court’s decision in Miranda v. Arizona addressed four different cases involving custodial interrogations. In each of these cases, the defendant was questioned by police officers, detectives, or a prosecuting attorney in a room in which he was cut off from the outside world. In none of these cases was the defendant given a full and effective warning of his rights at the outset of the interrogation process. In all the cases, the questioning elicited oral admissions and, in three of them, signed statements that were admitted at trial. • Miranda v. Arizona: Miranda was arrested at his home and taken in custody to a police station where he was identified by the complaining witness. He was then interrogated by two police officers for two hours, which resulted in a signed, written confession. At trial, the oral and written confessions were presented to the jury. Miranda was found guilty of kidnapping and rape and was sentenced to 20-30 years [sic] imprisonment on each count. On appeal, the Supreme Court of Arizona held that Miranda’s constitutional rights were not violated in obtaining the confession. • Vignera v. New York: Vignera was picked up by New York police in connection with the robbery of a dress shop that had occurred three days prior. He was first taken to the 17th Detective Squad headquarters. He was then taken to the 66th Detective Squad, where he orally admitted the robbery and was placed under formal arrest. He was then taken to the 70th Precinct for detention, where he was questioned by an assistant district attorney in the presence of a hearing reporter who transcribed the questions and answers. At trial, the oral confession and the transcript were presented to the jury. Vignera was found guilty of first degree robbery and sentenced to 30-60 years [sic] imprisonment. The conviction was affirmed without opinion by the Appellate Division and the Court of Appeals. • Westover v. United States: Westover was arrested by local police in Kansas City as a suspect in two Kansas City robberies and taken to a local police station. A report was also received from the FBI that Westover was wanted on a felony charge in California. Westover was interrogated the night of the arrest and the next morning by local police. Then, FBI

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agents continued the interrogation at the station. After two-and-a-half hours of interrogation by the FBI, Westover signed separate confessions, which had been prepared by one of the agents during the interrogation, to each of the two robberies in California. These statements were introduced at trial. Westover was convicted of the California robberies and sentenced to 15 years’ imprisonment on each count. The conviction was affirmed by the Court of Appeals for the Ninth Circuit. • California v. Stewart: In the course of investigating a series of purse-snatch robberies in which one of the victims died of injuries inflicted by her assailant, Stewart was identified as the endorser of checks stolen in one of the robberies. Steward [sic] was arrested at his home. Police also arrested Stewart’s wife and three other people who were visiting him. Stewart was placed in a cell, and, over the next five days, was interrogated on nine different occasions. During the ninth interrogation session, Stewart stated that he had robbed the deceased, but had not meant to hurt her. At that time, police released the four other people arrested with Stewart because there was no evidence to connect any of them with the crime. At trial, Stewart’s statements were introduced. Stewart was convicted of robbery and first-degree murder and sentenced to death. The Supreme Court of California reversed, holding that Stewart should have been advised of his right to remain silent and his right to counsel. Issues: Whether “statements obtained from an individual who is subjected to custodial police interrogation” are admissible against him in a criminal trial and whether “procedures which assure that the individual is accorded his privilege under the Fifth Amendment to the Constitution not to be compelled to incriminate himself ” are necessary. Supreme Court holding: The Court held that “there can be no doubt that the Fifth Amendment privilege is available outside of criminal court proceedings and serves to protect persons in all settings in which their freedom of action is curtailed in any significant way from being compelled to incriminate themselves.” As such, “the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant

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unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination. By custodial interrogation, we mean questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way.” The Court further held that “without proper safeguards the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual’s will to resist and to compel him to speak where he would otherwise do so freely.” Therefore, a defendant “must be warned prior to any questioning that he has the right to remain silent, that anything he says can be used against him in a court of law, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any questioning if he so desires.” The Supreme Court reversed the judgment of the Supreme Court of Arizona in Miranda, reversed the judgment of the New York Court of Appeals in Vignera, reversed the judgment of the Court of Appeals for the Ninth Circuit in Westover, and affirmed the judgment of the Supreme Court of California in Stewart. Argued: Feb. 28, March 1 and 2, 1966 Decided: June 13, 1966 Vote: 5-4 Majority opinion written by Chief Justice Warren and joined by Justices Black, Douglas, Brennan, and Fortas. Dissenting opinion written by Justice Harlan and joined by Justices Stewart and White. Dissenting in part opinion written by Justice Clark. Follow-Up: Miranda v. Arizona: After Miranda’s conviction was overturned by the Supreme Court, the State of Arizona retried him. At the second trial, Miranda’s confession was not introduced into evidence. Miranda was once again convicted and sentenced to 2030 years in prison. The United States Courts at http://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-miranda-v-arizona. Accessed: September 17, 2015.

OCBA Members Selected for The Florida Bar 2016 Leadership Academy

CBA members Ericka S. Garcia, Esq.; Jackson W. Adams, Esq.; Robert W. Davis, Jr., Esq., and Brock A. Hankins, Esq. were accepted into the The Florida Bar’s Wm. Reece Smith, Jr. Leadership Academy for the 2015-2016 year. The academy is a multi-session training program designed to assist a diverse and inclusive group of lawyers in becoming better leaders within our profession, in their chosen path, while enhancing their leadership skills. Each year a select group of participants are chosen from applications submitted to The Florida Bar to become Academy Fellows. During their one year term, Academy Fellows follow a curriculum tailored to enhance their professional development, knowledge base and experience, including attending bar events and special educational programs. Academy Fellows are given the opportunity to learn more about the inner workings of the bar and their role in the legal profession, while enhancing their personal leadership skills.

Ericka S. Garcia, Esq

Jackson W. Adams, Esq.

Robert W. Davis, Jr., Esq.

Brock A. Hankins, Esq.

Lilburn R. Railey III Mediation Services 30 Years Experience As Civil Trial Lawyer

+ Contract Disputes

Circuit-Civil Mediator

+ Construction

FL Supreme Court Qualified Arbitrator

+ Commercial | Business

National Academy of Distinguished Neutrals

+ Architects | Engineers

Railey Harding

Professional Liability

Allen | PA

15 North Eola Drive | Orlando FL 32801 | 407.648.9119

schedule via: kschaffner@raileyharding.com or raileyharding.com/mediation theBriefs October 2015 Vol. 83 No. 8

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PhotoOp Florida A&M University president Elmira Mangum, Ph.D., met with faculty and staff at FAMU’s College of Law on August 3, 2015. Dr. Mangum is the first permanent female president in the university’s 127-year history. She also addressed first-year law students during the college’s orientation. This year marks FAMU College of Law’s 14th entering class since its reestablishment in downtown Orlando in 2002. U.S. Rep. Corrine Brown and a member of the State University System’s Board of Governors, Tonnette Graham, joined the college in welcoming its new class.

On the cover: Judges in alphabetical order with their alma maters: Faye L. Allen Alan S. Apte Maureen Bell Jeanette Dejuras Bigney Alice L. Blackwell Mark S. Blechman Andrew L. Cameron Tina Caraballo Keith A. Carsten Nancy L. Clark Patricia A. Doherty Brian F. Duckworth Robert J. Egan Steve Jewett

Florida A&M University University of Miami University of Florida University of Illinois Furman University University of Florida Michigan State University University of Florida University of Florida University of Florida University of Florida University of Florida University of Florida University of Florida

John E. Jordan Sally D.M. Kest John Marshall Kest Bob LeBlanc Marc L. Lubet Adam McGinnis W. Michael Miller Mike Murphy Margaret H. Schreiber Elizabeth Starr Christi L. Underwood Keith F. White Tanya Davis Wilson

University of Florida Florida State University Florida State University University of Miami University of Florida University of Central Florida University of Florida University of Florida Duke University Stony Brook University The University of Florida University of Central Florida University of Florida

President’sMessage continued from page 3

So, thank you Lee. I don’t think you intended to speak to the working moms in the room, but you did. Jamie Billotte Moses, Esq., is a shareholder with Fisher Rushmer, P.A. She is a board certified appellate specialist. Additionally, Ms. Moses defends lawyers and real estate professionals in litigation and licensing complaints. She has been a member of the OCBA since 1994.

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Legal Aid SocietyNews

National Celebrate Pro Bono Week

T Catherine A. Tucker, Esq.

he Legal Aid Society of the Orange County Bar announces events to celebrate pro bono attorneys and their volunteer work during the week of October 26 through October 31, 2015. In coordination with the American Bar Association’s national celebration of the theme “And Justice for All,” Legal Aid will have three main activities: One-on-One advice clinic, Lawyers in Libraries, and an open house. Since 2009, the ABA has coordinated a national event during one week in October to encourage and support pro bono legal services. Each year, the Legal Aid Society of the Orange County Bar Association has organized activities to celebrate local pro bono attorneys and to reach out to clients. Legal Aid has worked each year during the Oneon-One advice clinic with new attorneys and has provided legal advice on a variety of topics. Legal Aid has held events in Apopka, at Goodwill in downtown Orlando, and at the Marks Street Center in Orlando. During the clinic, Legal Aid prepared advance directives and advised clients in bankruptcy, family, criminal, probate, immigration, and consumer matters. More than 20 attorneys and 30 clients have participated at each of the past events. On Wednesday, October 28, Legal Aid will hold an advice clinic to contact low-income residents of Orange County. The 2015 One-on-One event will be held at the Marks Street Senior Center. Twenty pro bono attorneys have been recruited, and clients are still being scheduled. Anyone interested in providing advice on bankruptcy, criminal/traffic, family law (such as child support and visitation), probate, immigration, and/or consumer matters should call our office to schedule a time on Wednesday. Callers should contact our regular appointment line at 407-841-8310; press 1 for scheduling. For information please contact, Milly Gonzalez, assistant pro bono coordinator, at mgonzalez@legalaidocba.org. During the week of October 26 -31, the Orange County Public Library will have two Lawyers in Libraries events. These have been offered statewide in May during Law Week. Library staff and

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lawyers discuss using the library for research. (It is not an advice clinic on legal matters.) Orange County Bar members have been recruited for the Law Week sessions for the past two years. This year the event is being offered during Celebrate Pro Bono Week. There will be events at the South Trail Branch on Wednesday, October 28 at 6:30 p.m. and at Washington Shores on Thursday, October 29 at 6:30 p.m. The events are open to the public. For more information, contact the public library, or see its website calendar of events at www.ocls.info. On Friday, October 30, Legal Aid will hold an open house to celebrate pro bono attorneys. Interested attorneys are invited to attend from 9:00 a.m. until noon, meet staff, and see our office. With the challenges of downtown parking, Legal Aid has not held an open house at its office for more than 10 years. This is our opportunity to invite pro bono attorneys to our “home” to be recognized with our thanks and to join us for coffee and conversation. For more information, please contact Janis Mason, referral assistant, at jmason@legalaidocba.org. For information about these events or pro bono work, please contact pro bono coordinator Cathy Tucker at ctucker@legalaidocba.org. Please contact Milly Gonzalez for scheduling at mgonzalez@legalaidocba.org and Janis Mason (One-onOne) at jmason@legalaidocba.org. Catherine A. Tucker, Esq., is the Pro Bono Coordinator at the Legal Aid Society of the OCBA, Inc. She has been a member of the OCBA since 1986.

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Legal Aid SocietyLAS Teaching Tips

Legal Aid Society Participates in Community Workshop

C Larri T. Thatcher, Esq. Jonathan E. Luke

riminal records can present a significant barrier to housing and employment for many individuals. If an individual has ever been arrested in Florida, he or she has a record even if all charges were dropped. That record can also follow that individual to other states. Although some states do not allow record sealing or expunction, Florida does allow it in limited circumstances. The process by which an individual would seek to seal or expunge a record can be confusing. Therefore, the Legal Aid Society of the Orange County Bar Association aims to reduce the confusion and remove these barriers to housing and employment by providing record sealing and expunction services for qualifying residents of Orange County. By working with community partners, Legal Aid’s Community Education and Outreach Program reaches many of these individuals during off-site community resource and job fairs throughout the year. These events always generate a large turnout of people hoping to have their American dream restored. Because the events are so well-attended, the Legal Aid Society uses volunteers to help individuals complete applications. The Legal Aid Society is very fortunate to have pro bono attorneys who then will represent those who qualify to have their record sealed or expunged. On June 13, 2015, Legal Aid partnered with Orange County commissioners Victoria Siplin (Dist. 6) and Bryan Nelson (Dist. 2), Siplin Law, the Office of the State Attorney for the Ninth

Judicial Circuit, the Orange County Clerk of Courts, and the Florida Parole Commission for one of these events. This was a one-stop workshop for those seeking restoration of rights, sealing or expunction, certified court records, and employment opportunities. The event took place at Wheatley Elementary School in Apopka. More than one hundred applicants packed the school’s gymnasium to learn more about Florida’s laws on record expunctions and restoration of rights, obtain certified copies of their records from the Orange County Clerk of Court, and/or apply for free legal assistance through the Legal Aid Society. More than twenty community volunteers assisted Legal Aid in taking applications, including law students from Barry and FAMU, students from Volunteer UCF, and volunteers from Public Allies Central Florida. By the end of the day, Legal Aid had taken nearly eighty applications from individuals seeking to seal or expunge a record. It was a very exciting event to be a part of! If you are interested in volunteering for our next event, or if you would like to handle one of these cases pro bono, please contact Larri Thatcher, Esq. at LThatcher@legalaidocba.org. Larri T. Thatcher, Esq., is the Intake, Outreach and Community Education Coordinator for the Legal Aid Society of the OCBA, Inc. She has been a member of the OCBA since 1995. Jonathan E. Luke, Legal Aid Society Intake Volunteer Coordinator – Public Ally, has been a member of the OCBA since 2014.

Legal Aid Society staff and volunteers presented a workshop on June 13, 2015 at Wheatley Elementary School in Apopka for those seeking restoration of their rights.

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LEGAL AID SOCIETY

OF THE ORANGE COUNTY BAR ASSOCIATION

RECRUITING TABLE CAPTAINS AND SPONSORS! Are you willing to be a Table Captain for the “2015 Breakfast of Champions?” Can you commit to bringing yourself plus nine other corporate and/or personal donors to our fundraising event? If so, contact:

Donna Haynes

DEVELOPMENT DIRECTOR

(407) 515-1850 or boc@legalaidocba.org To benefit the Legal Aid Society of the Orange County Bar Association, Inc. Reservations Required - Location to be determined

Wednesday, November 4, 2015 7:30 a.m. until 9:00 a.m. SPONSORSHIPS AVAILABLE:

Platinum Gold Silver Copper Bronze

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

A COPY OF THE LEGAL AID SOCIETY OF THE O.C.B.A.’S OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL FREE 1-800-HELP FLA (1-800-435-7352) IN STATE OR AT THE WEBSITE, WWW.FRESHFROMFLORIDA.COM <http://WWW. FRESHFROMFLORIDA.COM> . REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.

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PAGE 17

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

1. Go to www.MyOrlandoLawyer.com 2. Login with your OCBA username & password. 3. Add practice areas, types of cases handled,

location, years of practice, education, board certifications, and much more.

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

be posted immediately for online searches.

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

SIDEBAR Leadership Law® 2016 meets once a month for five months beginning in January Breakfast, lunch, and networking receptions included

Leadership Law 2016 participants will: • Share ideas and network with business leaders, judges, and attorneys

Enrollment: By December 11 – $495 After December 11 – $550

• Join in break-out sessions on topics such as employment and tax law, civil and criminal litigation, bankruptcy, and much more.

www.leadershiplaworangecountybar.org For information, contact: Amanda Nethero 407-422-4551, ext. 244 amandan@ocbanet.org

• Take “behind the scenes” tours of the Orange County Courthouse, Federal Courthouse, Juvenile Justice Center and by special invitation – the Medical Examiner’s Office.

Recommend Leadership Law to community leaders, colleagues, and friends today!

Like us on Facebook Connect with us on LinkedIn

OCBA Leadership Law® 2016

Recipient of the National Association of Bar Executives 2012 LexisNexis Community and Educational Outreach Award. PAGE 18 www.orangecountybar.org

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Proceeds from the Happy Hour benefit the OCBA Foundation. Proceeds from the Silent Auction, hosted by the voluntary bars, benefit Second Harvest Food Bank.

$15 for early registration & $25 for late registration For event details, see the OCBA Store and be sure to register by Oct. 12. Sponsored by BMO Harris Bank

Transform Your Law Practice into Law Firm Success!

Going the Distance

This course is for you! Enroll Today!

For Lawyers in Practice 3-5 Years In this dynamic, day-and-a-half education program, you will meet with marketing, human resources & case management experts, learn about office technology & how it can help with billable hours & learn best-practice tips from highly regarded members of the legal community.

We’ll help take your law practice across the finish line! Enrollment Fee: $150 – OCBA members $175 – Non-members Payment due with application. Breakfast, lunch, and reception included. 5.0 CLE (pending)

October 29 & 30, 2015 Orange County Bar Association theBriefs October 2015 Vol. 83 No. 8

For more information contact: Karen Fast Strategic Marketing and Membership Manager 407-422-4551, ext. 225 www.orangecountybar.org

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OCBA Luncheon July 23, 2015 Ballroom at Church Street Station

Woody Rodriguez, Esq. Lee Corso, ESPN Analyst Judge Heather PinderRodriguez

Sponsored by BMO Harris Bank

Jonathan Stimler, Esq. with Hubert the Lion

Lewis Van Alstyne, Esq. Nick Asma, Esq. Brett Renton, Esq.

Rick Dickson, Esq., Kimberly Lorenz, Esq. Mike Brownlee, Esq.

Gisela Laurent, Esq., Todd Smith, and friend

Dr. Daira Barakat, Hubert, and Charbel Barakat, Esq.

Peonca Grier Christy Gurley Mimi Rollins

nin, Esq., Jamie Billotte Moses, Esq., Nick Shan Liz McCausland, Esq. PAGE 24

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YLS on the move

Jennifer A. Smith, Esq.

Backpack Project Happy Hour Keshara Cowens, Esq., Jennifer Seipel, Esq.

ummer may be over, but YLS isn’t “falling back” anytime soon. Here is what the members of OCBA YLS have been up to: On July 17, 2015, YLS held a Summer Pub Crawl. More than 60 people, including young lawyers and summer clerks, participated in a pub crawl through downtown Orlando. Fun was had by all thanks to YLS social chair Miguel Acosta, Esq., and sponsor Milestone Reporting. On August 4, 2015, YLS joined with CFAWL to host its annual Backpack Project with a happy hour at Kasa. The Backpack Project benefits the children of Rock Lake Elementary School. See this month’s Hearsay for the details about what we raised through admission to the happy hour, raffle tickets, and donations. A big thanks goes out to Jennifer Seipel, Esq., this year’s event chair. We’re continuing to collect supplies for the kids at Rock Lake, so contact Jennifer for the details. YLS held its monthly luncheon on August 14, 2015; however, this was no ordinary luncheon. Instead of a designated keynote speaker, this was a networking lunch! YLS members swapped tables and business cards between each course so they would have an opportunity to meet and mingle with all the attendees. A lot of great feedback was received from our members in attendance. YLS is pleased to announce that Joey Chindamo, Esq., of the state attorney’s office, has been appointed to serve on the YLS board of directors. Welcome Joey! On September 19, 2015, YLS teamed up with the Volusia County Young Lawyers Section to participate in the annual International Coastal Clean-Up in New Smyrna Beach. We cleaned up a stretch of coastline and then enjoyed lunch at a seaside restaurant and mingled with our counterparts. Thanks to Amber Williams, Esq., for organizing great event for a great cause!

Mark your calendar for these upcoming YLS events: On October 9, 2015, get ready for YLS’s biggest charitable fundraising event of the year: the 24th Annual Charity Golf Tournament at the Grand Cypress Resort. We have secured 27 holes to better accommodate play of this always popular event. We are looking forward to another great year thanks to chairs Ryan Scordato, Esq., and Keith Kanouse, Jr., Esq. Our October Luncheon is set for October 16, 2015, from 11:30 a.m. until 1:00 p.m. at the Citrus Club. Tickets are $10 in advance of the RSVP deadline of October 14, 2015, and can be purchased in the OCBA online store. On Thursday, October 29, 2015, YLS will host its third annual Halloween Party for the children residing at the Women’s Residential Counseling Center. The committee is seeking volunteers to assist with the party, including decorating, passing out costumes and treats, and assisting kids with arts and crafts, as well as a performance of the Big Bad Wolf mock trial. Volunteers are needed from about 5:00 p.m. to 8:30 p.m.; however, volunteers are welcome to sign up for a shift if they are unable to attend the whole evening. If you are interested in volunteering to assist with the party or the mock trial, please contact Jennifer Morando, Esq., at jmorando@ therosenthallaw.com. Save the date for our annual Holiday Party to be held on December 4, 2015, from 6:30 p.m. to 9:30 p.m. at The Vue in downtown Orlando. Registration details to come. Stay connected with the YLS on social media! You can “Like” us on Facebook at https://www.facebook.com/OCBAYoungLawyersSection. Jennifer A. Smith, Esq., of counsel at Southern Trial Counsel, PLC, has been a member of the OCBA since 2008.

Backpack Project Happy Hour Judge Elizabeth Starr, Judge Bob Egan, Judge Jeanette Dejuras Bigney, Amber Davis, Esq. YLS Summer Pub Crawl Masked!

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PhotoOps

GOAABA president Lisa Gong Guerrero, Esq., and immediate past president Wanda Reas, Esq., attended GOAABA’s July installation happy hour.

CFAWL’s July luncheon speaker, Debbie Lundberg of Presenting Powerfully, shared tips and insights into professional goal settings.

CFAWL teamed up with the OCBA YLS and raised $4,500 for its annual Backpack drive, resulting in school supplies valued at $70,000. Shown at the happy hour are Backpack Project co-chairs, Kristen Johnson, Esq., and Ashley Layden, Esq.

Maria E. Espinosa, Esq. Mediation ServiceS Florida Attorney since 1987 Florida Supreme Court Certified Family Mediator since 2005

Lisa Gong Guerrero, Esq., and Denise Beamer, Esq., attended The Florida Bar Wm. Reece Smith, Jr. Leadership Academy graduation.

Florida Supreme Court Certified Circuit Mediator since 2009 Florida Supreme Court Certified Appellate Mediator since 2015

Bilingual English/Spanish

407-733-3662 espiesq@aol.com

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SideBar

entral Florida’s voluntary bar associations continue their mission to provide quality programming and social events for the legal community. From training on negotiation skills, to collecting $70,000 worth of school supplies, to having a good time with Orlando City Soccer, our local voluntary bars have been busy providing service and membership value. Here’s a recap of some events and upcoming opportunities:

Kimberly A. Lopez, Esq.

CFACDL The Central Florida Association of Criminal Defense Lawyers (CFACDL) hosted a group night outing with Orlando City Soccer on August 29, 2015. CFACDL has lined up several hot topics for its monthly luncheons this year. On September 30, 2015, the group hosted a CLE presentation by Stuart Hyman, Esq., nicknamed the DUI Ninja for his more than 25-year career handling DUI cases and fighting breath tests admitted into court. On October 28, 2015, at the Sorosis Club, CFACDL will host another luncheon, featuring a presentation on bail bond reform. CFACDL’s November luncheon will focus on causes and treatments for post-traumatic stress disorder. The luncheon will take place November 18, 2015, at the Sorosis Club. CFAWL The Central Florida Association for Women Lawyers (CFAWL) began its year by featuring Debbie Lundberg from Presenting Powerfully at its July luncheon. Ms. Lundberg shared her tips and insights into professional goal setting. The event was followed by another amazing speaker at the August luncheon, Bemetra Simmons, senior vice president at BB&T, who spoke about how making your personal footprint can assist you in networking, rainmaking, and just making great connections and friends. CFAWL, in partnership with the OCBA YLS, kicked off the annual Backpack Project to support the children of Rock Lake Elementary School in getting much-needed school supplies. A happy hour fundraiser was held on August 4, 2015, at Kasa and raised more than $1,800, for a grand total of $4,500 for the project. Volunteers from CFAWL and the OCBA YLS then assisted in packing school supplies valued at $70,000! Supplies arrived just in time for the beginning of the school year. CFAWL is getting social this year. Check out its Facebook, Twitter, Instagram, and LinkedIn pages for information about all upcoming social and programming events, interesting articles, and great photos.

Esq., graduated from The Florida Bar Wm. Reece Smith, Jr. Leadership Academy at The Florida Bar Annual Convention in June, while GOAABA board member Denise Beamer, Esq. started her year as a Class III Fellow. The Wm. Reece Smith, Jr. Leadership Academy is a multi-session training program designed to assist a diverse and inclusive group of lawyers in becoming better leaders within our profession, in their chosen path, while enhancing their leadership skills.

HBACF On July 8, 2015, the Hispanic Bar Association of Central Florida (HBACF), in partnership with the Hispanic National Bar Association and MetLife, hosted a Speed Networking event, pairing law students and young lawyers (1-2 years of practice) with attorney and judicial mentors. The event gave participants 3-5 minutes to speak with each mentor present. The event was a success with participants and MetLife asking for the event to become an annual tradition. On August 28, 2015, the HBACF hosted its monthly luncheon, featuring a CLE presentation titled “Developing Negotiation Skills as a Weapon for Transaction.” The luncheon, hosted at Holland & Knight LLP, provided members an opportunity to enhance and fine tune their negotiation skills. HBACF partnered with Orlando City Soccer for a member night on August 29, 2015, to watch Orlando’s team take on the Chicago Fire. Members enjoyed tailgating festivities and the match between the two soccer clubs. PCPBA On August 19, 2015, the Paul C. Perkins Bar Association (PCPBA) hosted its New Members Social at Ember in Downtown Orlando. The August calendar continued on August 29, 2015, when PCPBA hosted its Annual Back to Business BBQ at Mayor Carl T. Langford Park. PCPBA held its first general body meeting on September 10, 2015, at 310 Lake Eola. Stay tuned for details regarding the PCPBA’s upcoming CLE luncheon to be held on October 8, 2015. Remember, SideBar is for you! Please send news about past or future events, along with photos and IDs, to my attention at kimberly.lopez@akerman. com. Kimberly A. Lopez, Esq., Akerman LLP, is an associate in the firm’s Litigation Practice Group. She focuses her practice on diverse commercial and business litigation matters. She has been an OCBA member since 2008.

GOAABA The Greater Orlando Asian American Bar (GOAABA) president Lisa Gong Guerrero, Esq., and outgoing GOAABA treasurer Lemar Alejo,

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Hearsay...

Vanessa A. Braga, Esq

ello Hearsay! It looks like I have some big shoes to fill, as we bid farewell to Chris Wasula, Esq., the Hearsay columnist for the past two years. Chris has done a fantastic job of keeping us up to date about our friends and colleagues and providing interesting tidbits about their achievements, awards, and all-around excellence. Thanks for a great two years, Chris! In the GrayRobinson section of the column, Mayanne Downs, Esq., a shareholder in the Orlando office and City of Orlando attorney, was selected to serve as the 2016 chairman of Orlando Go Red For Women, which is the American Heart Association’s movement to raise awareness and advocate for more research so that women can live longer, healthier lives, free from heart disease and stroke. She was also named as the eighth most powerful person in Orlando by Orlando magazine. This is her fourth consecutive year on the “Most Powerful” list. In addition, Gary Salzman, Esq., also a shareholder, was honored with the James Glazebrook Professionalism and Service Award from the George C. Young American Inn of Court. The award is the highest honor the Inn of Court has for its current and former members. Three attorneys at the firm were awarded AV ratings by Martindale-Hubbell: Benjamin W. Newman, Esq., a shareholder who practices in the litigation group, Nicole Park, Esq., of counsel, who focuses on family and matrimonial law, and Adam Pastis, Esq., a shareholder who concentrates on medical malpractice defense, health law, and other types of personal injury defense. Finally, Julie A. Tyk, Esq., an associate, was voted on to the board of trustees of the Orlando Science Center and will serve through June 30, 2018. Go Gray! The Honorable Mark Blechman received the Osceola County “Citizen of the Year” award from the Osceola County Veterans Council. Each year the Veterans Council recognizes persons whose innovative contributions to the community create awareness of and present solutions to a problem plaguing Central Florida residents. Judge Blechman was honored with the award for spearheading the development and implementation of Veterans Treatment Court in Osceola County. The Honorable Margaret H. Schreiber was honored with the CFAWL Legacy Award from the Central Florida Association for Women Lawyers. The award is presented to a current member of CFAWL who has been a member for more than 15 years and who has demonstrated the highest levels of integrity, leadership, and service to CFAWL, the legal profession, and the community. Claramargaret H. Groover, Esq., of counsel to Becker & Poliakoff, was appointed chair of

the ABA Forum on Construction Law Division 12 – Owners and Lenders, at its annual meeting in Boca Raton. At the meeting, she co-presented on the topic of retaining professionalism and skill while serving clients as in-house counsel. The forum is the largest organization of construction lawyers in the world and is known for its programs and publications on legal issues affecting the construction industry. Jeffrey M. Fleming, Esq., a shareholder at Upchurch Watson White & Max, is now a Fellow of the Academy of Court-Appointed Masters. Richard B. Lord, Esq., also a shareholder at Upchurch, has accepted a nomination to become a Fellow of the American Bar Foundation. Richard, who mediates and arbitrates cases nationwide, has also has become a Florida Supreme Court Qualified Arbitrator. He recently spoke on arbitration at a recent American Conference Institute long-term care conference in Miami. Ronald M. Schirtzer, Esq., of counsel at Greenberg Traurig, was appointed to the board of directors of the Holocaust Memorial Resource and Education Center of Florida. Using the lessons of the Holocaust as a tool, the Holocaust Memorial Resource and Education Center of Florida teaches the principles of good citizenship to thousands of people of all ages, religions, and backgrounds each year. Denise Dell-Powell, Esq., a partner at Burr & Forman, was appointed by Governor Rick Scott to the Florida Commission on the Status of Women. During her two-year term, she will work with the commission to recognize and support women of all ages and help them to achieve their fullest potential. Earnest DeLoach, Esq., a shareholder at Gunster, was named general counsel to the AfricanAmerican Chamber of Commerce of Central Florida. Founded in 1945, the chamber aims to serve as the leading advocate and resource, helping to foster economic success for black-owned businesses in Central Florida. Leticia Diaz, Esq., dean at Barry University School of Law, was appointed to the American Bar Association’s Commission on Immigration. She and other commission members will direct the ABA’s efforts to ensure fair treatment and full due process rights for immigrants and refugees within the United States. The immigration issue is a passion for Leticia; she has championed changes to U.S. policy for many years. Christina N. Scelsi, Esq., was elected chair of the Entertainment, Arts and Sports Law (EASL) Section of The Florida Bar at the EASL Annual Meeting and Retreat that was held in Celebration, Florida.

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Osceola Public Defender Robert Wesley, Esq., was elected president of the Central Florida Association of Criminal Defense Lawyers, which serves attorneys throughout Orange, Seminole, and Osceola counties. Members include criminal defense attorneys in private practice, as well as attorneys with the public defender’s office at both the state and federal level. David Torre, Esq., a partner at Murrah Doyle Wigle & Torre, was appointed to the board of directors of the Central Florida Foundation, which manages and invests in more than 400 charitable funds. Heidi W. Isenhart, Esq., a partner with ShuffieldLowman, was named one of the 50 Top Women Lawyers in Florida by Super Lawyers. In the “People on the Move” category, Shayne Thomas, Esq. has joined GrayRobinson as a shareholder. Jessica Hew, Esq. has joined the Vose Law Firm as a partner. Heather Meglino, Esq. has joined Koeller Nebeker Carlson Haluck as an associate, and Usher “Larry” Brown, Esq. has joined Greenspoon Marder as a shareholder in the government relations group. I look forward to getting to know more of my bar colleagues. Please send your news to me at Vanessa_Braga@icloud.com. See you next month! Vanessa A. Braga, Esq., an associate with Burruezo & Burruezo, PLLC, handles labor and employment matters. She has been an OCBA member since 2014. (Vanessa shares credit for this column with Chris Wasula, Esq., of counsel at the Law Offices of Tad Yates, P.A.)

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theBriefs October 2015 Vol. 83 No. 8

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ParalegalPost

T Paul Pelton, FRP

Pouring into the Next Generation

he paralegal profession is a growing career choice for many individuals. Numerous colleges and universities throughout Florida and the United States have paralegal certificate programs and/or paralegal degree programs. According to the Bureau of Labor Statistics, U.S. Department of Labor, employment of paralegals and legal assistants is projected to grow 17 percent from 2012 to 2022, faster than the average for all occupations.1

As a new generation of paralegals enters the profession and seeks to gain a foothold in their new career marketplace, the opportunity arises for those of us with greater experience to pass on our knowledge and real-world experiences. Mentoring the new or junior paralegal is a necessary and rewarding experience both for the mentor and the mentee. The Merriam-Webster Dictionary defines a mentor as someone who teaches or gives help and advice to a less experienced and often younger person.2 Put another way, mentorship is a professional relationship in which the more experienced person assists another in developing specific skills and knowledge that will enhance the less-experienced person’s professional and personal growth. While mentoring and coaching share some similarities, there are significant differences. “Coach” is a title bestowed and implies authority. Coaching is a collaborative partnership between a coach and his or her client to work toward specific, jointly agreed-upon goals, such as a swing coach who assists with improving one’s golf swing, or a vocal coach who assists with increasing one’s vocal range of notes. A coach works with a client to develop unique, personalized, lasting solutions to improve the client’s self-awareness and overall thinking process in his or her approach to a specific task. Mentoring, on the other hand, is a far more personal and friendship-based relationship where the mentor offers non-judgmental support as a positive role model and focuses on the mentee’s longterm personal development. “Mentor” is a reputation earned. The mentor: • makes suggestions and plays a critical role in both personal and professional development; • provides guidance through challenging scenarios with needed support and encouragement;

• promotes self-confidence; • fosters pride in the profession; • works with the mentee to discover and develop the mentee’s talents; • offers perspective, insight, support, and wisdom based upon experience; • is consistent and confidential; • has a solid work ethic and is patient and responsible; • has a genuine interest in developing others; • has a sensitivity to the needs of others; and • has good listening skills. The relationship between a mentor and mentee is constructed on four basic pillars: trust, advising, challenge, and motivation: • Trust: Both parties establish credibility, share professional background experiences, create affiliation by finding common ground, and agree upon commitment to the working relationship. • Advising: The mentor assists the mentee in developing goals and plans to enter the paralegal field; or, if the mentee has already developed those goals, the mentor identifies and understands the mentee’s educational and career goals and provides guidance to assist the mentee in achieving those goals. • Challenge: The mentor provides challenging scenarios and constructive feedback, shares strategies for success, and reviews the mentee’s goals and expectations. • Motivation: The mentee is encouraged to engage in self-direction and take the steps necessary to further his or her educational and/or career goals. The Orange County Bar Association Paralegal Section (PS) is committed to promoting paralegal career development and professionalism through the section’s Mentorship Program and invites experienced paralegals to become mentors. The section also invites student members enrolled in paralegal education as well as junior paralegals to become mentees and participate in the Mentorship Program. The program is available to all OCBA PS members, including students, recent

fs October 2015 Vol. 83 No. 8

PAGE 30 www.orangecountybar.org theBrie

graduates, those seeking a change in their area of legal focus, and individuals new to the Metro Orlando area. To the best of OCBA PS’s ability, mentors will be matched with mentees based upon level of experience, specific areas of legal specialization (e.g., corporate law, real estate law, personal injury law, etc.), demographics, and other areas of compatibility. Please visit our website (http://orange-

countybar.org/paralegal) to download our Mentorship Program Guide for more detailed information, applications, and other related forms.

tional audiences on paralegal practice and is a member of the OCBA Paralegal Section board. He joined the OCBA this year.

Paul Pelton, FRP, is a litigation paralegal with more than 20 years’ experience in all phases of civil trial work. He concentrates his practice in high-exposure cases involving medical malpractice, nursing home residents’ rights claims, product liability matters, and complex BI claims. He is a published author and CLE provider to na-

Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, 2014-15 Edition, Paralegals and Legal Assistants, on the Internet at http:// www.bls.gov/ooh/legal/paralegals-and-legal-assistants. htm (visited June 29, 2015). 2 http://www.merriam-webster.com/dictionary/mentor; (visited June 29, 2015).

www.patrickcrowell.com Patrick C. Crowell, P.A. 4853 S. Orange Avenue, Suite B Orlando, FL 32806

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MajorSeminars

Legal & Ethical Obligations under Brady and Giglio

Advanced Family Law Pleading & Practice

Criminal Law Committee

OCBA Family Law Committee

October 16, 2015 ■ 8:00 a.m. - 1:30 p.m. OCBA Center ■ CLE: 4.5 (pending)

Speakers: John Foster, Esq., Karen Consalo, Esq.; General Magistrate Howard Friedman; Hon. Diana M. Tennis; Hon. Patricia A. Doherty; Magistrate Maria Hinds; Hon. Bob LeBlanc; Magistrate Linda Skipper; Hon. Dan Traver. $40 (OCBA members); $50 (non-members)

November 13, 2015 ■ 12:00 p.m. - 4:00 p.m. ■ OCBA Center CLE: 4.0, including 1.0 ethics (pending) Speakers: William “Bill” Schaeffer, Esq.; Jeff Ashton, Esq.; Richard Hornsby, Esq.; Hon. Julie O’Kane; Donald Lykkebak, Esq. $40 (OCBA members); $50 (non-members); $25 (OCBA government, law student, and paralegal student members). Register at the OCBA Store by November 11.

Serving the Legal Profession. Serving the Community.

Invite your colleagues to join the OCBA today! Go to www.orangecountybar.org to join online and see our calendar of upcoming events, seminars and activities!

For more information, please contact the membership department at 407-422-4551, ext. 225. PAGE 32 www.orangecountybar.org

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Rainmaking

’Tis the Season

E Michael Hammond, Esq.

ven if you haven’t been faithfully sending out thank-you notes or acknowledging your referral sources throughout the year, all could be forgiven in the spirit of thankfulness and goodwill that begins with Thanksgiving and ends sometime after New Year’s Day. Be Thoughtful When an attorney in South Florida wanted to thank his referral sources in a memorable way, he had his secretary inquire discreetly about where they all liked to celebrate special occasions. Then gift certificates were purchased and given to the referrers to dine in their favorite restaurants. This highly personalized approach won this attorney a great deal of goodwill – and he didn’t even have to show up! For him, this was more than a worthwhile investment compared to the high-value cases these referral sources send him every year. Make a List, Check it Twice To determine which referral sources you should invest in during the holidays, make a list of the referral sources that have sent the most business in the last year. Add to this those referrers who have sent some business, but who you know have potential to send more. Then, add to the list clients who refer significant business or have a great deal of recurring work. Focus your efforts on the individuals on this list. Who on this list would you like to get to know better? Since there is no substitute for time spent face-to-face to build rapport and trust, you should invite these referral sources out to lunch or dinner to express your appreciation for the business they send. Give Thanks Once you’re face-to-face with referrers, keep your acknowledgement simple. You can say something like, “I’ve been reviewing my referrals for the last year and want to let you know how much I appreciate all the business you send.” Our experience indicates that the best referral sources are the ones you get to know better over time and with whom you might become friends eventually. An expression of gratitude paired with good food in a nice atmosphere will help cultivate a growing business relationship. Get Personal The holidays are the perfect time to put to good use all of the information you’ve gleaned from getting to know someone better. In fact, gifts related to any of your referrals sources’ interests, hobbies,

theBriefs October 2015 Vol. 83 No. 8

or passions are a great way to say “thanks” in a very thoughtful way. Ask a good client who loves golf to play a round with you and have lunch as your guest. Or give a book lover the latest novel by his or her favorite author. Taking a referral source who’s a fellow fan to games of your local football, basketball, or baseball team is another way to develop a relationship based upon your shared interests. Get Out and About By mixing and mingling at holiday events, you will raise “top-of-mind awareness” about yourself and your practice, but make sure you do more. These events can be powerful opportunities to polish your word-of-mouth marketing skills and enjoy yourself while you’re doing it. Try out your well-rehearsed “Laser Talk” or refine your storytelling technique with stories about your practice, who you help, and why. Or use these opportunities to learn more about people you’d like to know better. Be Different The holidays are an enjoyable but very busy time of year during which we tend to fall into comfortable habits and familiar patterns. But this is exactly why it’s the perfect opportunity to practice the first rule of marketing: differentiate yourself. How? Take some time now to think about and plan ahead for the upcoming holidays. Think now about personalizing a gift for your best client instead of going with the obligatory last-minute fruit basket. Know who you want to meet at that annual holiday event everyone goes to and find out ahead of time who can make an introduction. Start scheduling “thank you” lunches now with your referral sources instead of realizing in December that you’ll have to wait until next year because everyone’s too busy. Be intentional and creative in finding ways to standout and differentiate yourself from the holiday herd. Think about it – aren’t the holidays the very best time to be thoughtful, generous, and memorable? Michael Hammond, Esq., is a “founding father” of Atticus and is a Certified Practice Advisor. He has a depth of experience in lawyer marketing, one-on-one business coaching, and strategic planning. To learn more about Atticus, please visit www.atticusonline.com or call 888644-0022.

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PAGE 33

New Members

Attorneys

Justin T. PETERSON

Maithili PARANJAPE

Dwayne A. PARHAM

Sophia C. DEAN

Alex M. RODRIGUEZ

Melinda PATTERSON

Michael C. SCOTT

Carla A. DELOACH

Sidney A. ROMAN

Christine L. WILLIAMS

Peri SEDIGH

Bryan J. FESTA

William S. SALIBA

Margaret STEWART

David M. GORDON

Annette M. SCHULTZ

Affiliates

Danielle M. HARRIS

Francisco E. SERRANO

Sarah H. HAYFORD

Kelly SULLIVAN

Dushyant A. JETHWA

Associates

Shea H. KITTS

Cameron BROWN

Paul D. MOREHART

Kevin C. CHAN

Carla C. NADAL

Susana C. GARCIA

Lacy C. NAVA

Hazel B. GUMERA

Christopher PARKER-CYRUS

Michael KRUG

Casandra M. BARBOZA

Paralegal Students

Jay KIMELMAN

DeAnne MARTIN

Janet THOMPSON

Bryan I. MONTANO

Law Students

Karima MOURHAT Amarilis SALCEDO

Angela BA Danielle M. MANNING Rebeca MORALES Sushrut K. PANDYA

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. Adoption, Surrogacy and Family Law Firm, P.A.

Fisher Rushmer, P.A. Frank A. Hamner, P.A.

McMichen, Cinami & Demps PLLC

Alladi & Patel

McMillen Law Firm, P.A.

The Arnold Law Group

Allen, Norton & Blue, P.A.

Frank Family Law Practice

McShane & McShane Law Firm, P.A.

The Brennan Law Firm

The Aikin Family Law Group

Amy E. Goodblatt, P.A.

Giles & Robinson, P.A.

Men’s Divorce Law Firm

The Dill Law Group

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

Grossman & Grossman P.A.

Meenakshi A. Hirani, P.A.

The Draves Law Firm, P.A.

Banker Lopez Gassler P.A.

Harris, Harris, Bauerle & Sharma

Mooney Colvin, P.L.

The Elder Law Center of Kirson & Fuller

Benitez Law Group, P.L.

Higley & Szabo, P.A.

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

The Johnston Law Firm

Beshara, P.A.

Hilyard, Bogan & Palmer, P.A.

Murrah, Doyle, Wigle & Torre P.A.

The Law Offices of Terry Bledsoe The Llabona Law Group

Billings, Morgan & Boatwright, LLC

Hornsby Law

N. Diane Holmes, P.A.

Bodiford Law Group

Infocus Family Law Firm, P.L.

Neduchal & Magee, P.A.

The Marks Law Firm

Bonus McCabe Law Firm

James H. Monroe, P.A.

Nishad Khan, P.L.

The Skambis Law Firm

Bull and Associates, P.A.

Jill S. Schwartz & Associates, P.A.

O’Mara Law Group

The Smith Family Law Firm, P.A.

Burr & Forman

Keating & Schlitt, P.A.

Ossinsky & Cathcart, P.A.

Walton Lantaff Schroeder & Carson, LLP

Calandrino Law Firm, P.A.

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

Palumbo & Bertrand, P.A.

Warner & Warner, P.L.

Camy B. Schwam Wilcox, P.A.

Korshak & Associates, P.A.

Pierce & Associates, P.L.

West, Green & Associates, P.L.

Carr Law Firm, P.A.

Kosto & Rotella, P.A.

Provencher & Simmons, P.A.

Wicker, Smith, O’Hara, et al.

Chaires, Brooderson & Guerrero, P.L.

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

Ringer Henry Buckley & Seacord, P.A.

Wieland, Hilado & DeLattre, P.A. William G. Osborne, P.A.

Cole, Scott & Kissane, P.A.

Law Offices of Tad Yates, P.A.

Sasser & Weber, P.A.

Colling Gilbert Wright & Carter, LLC

Law Offices of Walter F. Benenati

Sawyer & Sawyer, P.A.

Wilson McCoy, P.A.

Cullen & Hemphill, P.A.

Lawyer Today.Com

SeifertMiller, LLC

Winderweedle, Haines, et al.

DeCiccio & Johnson

Legal Aid Society of OCBA

Snure & Ponall, P.A.

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

Dellecker Wilson King McKenna Ruffier & Sos, LLP

Lewis & Crichton

Southern Trial Counsel

Wooten Kimbrough, P.A.

Lynn B. Aust, P.L.

Stanton & Gasdick, P.A.

Yergey & Yergey, P.A.

Dewitt Law Firm

Marcus & Myers, P.A.

Stovash, Case & Tingley

Divine & Estes, P.A.

Marshall, Dennehey, Wamer, Coleman & Goggin

Swann Hadley Stump Dietrich & Spears, P.A.

Faddis & Faddis, P.A. Fassett, Anthony & Taylor, P.A

McDonald Toole Wiggins, P.A.

Tangel-Rodriguez & Associates