Orange County Bar Association - The Briefs - October 2017

A Publication of the Orange County

Inside this Issue: President’s Message Leading: Our Role and Responsibility Liz McCausland, Esq.

October 2017 Vol. 85 No. 8

How to Prepare for and Handle Difficult Mediations Frank M. Bedell, Esq.

Bar Association

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theBriefs October 2017 Vol. 85 No. 8

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the Briefs

Contents 3

President’s Message Leading: Our Role and Responsibility Liz McCausland, Esq.

4

Professionalism Committee Supporting a Commitment to Families Through Professionalism Sheena M. Murray, Esq.

5

OCBA October Luncheon State of the Court The Honorable Frederick J. Lauten Chief Judge, Ninth Judicial Circuit

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©2017

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Legal Aid Society GAL Teaching Tips VAC Program Tips: We’re Here to Help Mexcye C. Roberts, Esq.

21

Special Work Your Workout Plan Before You Work Out

William D. Umansky, Esq.

33 Paralegal Post Interview Tips and Tricks for Landing a Paralegal Position Maria Breen, Esq.

Chief’s Column In Honor and Distinction The Honorable Frederick J. Lauten

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SideBar Alena V. Baker, Esq.

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YLS on the Move Jennifer A. Smith, Esq.

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YLS on the Move Jennifer A. Smith, Esq.

OCBA August Luncheon

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Board of Governors Report Report from The Florida Bar Board of Governors: July 21, 2017 Mary Ann Morgan, Esq. Wayne L. Helsby, Esq. Julia L. Frey, Esq.

Hearsay Columnist Vanessa A. Braga, Esq.

OCBA July Luncheon

SideBar Alena V. Baker, Esq.

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Associate Editors C. Andrew Roy, Esq., Kate T. Hollis, Esq.

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27

Clerk’s Corner Increased Access to Justice with Stakeholder Partnerships Tiffany Moore Russell, Esq.

Co-Editors Téa Sisic, Esq. & David A. Meek, Esq.

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New Members

37

Announcements

Special How to Prepare for and Handle Difficult Mediations Frank M. Bedell, Esq.

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14

Calendar

Classifieds

40

Legal Aid Society Teaching Tips Craigslist, Catfishing, and Other Scams Jamos “Jay” Mobley, Esq.

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

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Legal Aid Society Teaching Tips Eviction Defense: The Ninety-Five Cent ($.95) “Eviction” Michael L. Resnick, Esq.

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 ©2017 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Mark LeGrand, Creative Director, Pro One Video; Christopher Smith, Photographer.

ISSN 1947-3968

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

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theBriefs October 2017 Vol. 85 No. 8

President’sMessage

October 2017 O Liz McCausland, Esq.

Leading: Our Role and Responsibility

ur world and our communities have seen a great deal of turmoil in the past months. If you are like me, you find yourself vacillating between reading everything you can about what is happening and wanting to look at pictures of animals on your Facebook feed. If you are like others I know, you have shut down your social media, opting instead to have a creative outlet. At some point though, despite your best efforts, you are faced with news of destruction, conflicts in political views, human loss, racism, and impending turmoil in some form or another. Sometimes the event impacts you, sometimes it impacts those you love, and sometimes the impact is so far reaching that you find it difficult to avoid. It is times like these that we often find lawyers who become leaders.

Lawyers as leaders is not a hard concept. The legal profession has supplied most of the American presidents, and, in recent years, more than half of Congress. Lawyers also occupy many leadership roles in governance and non-profit organizations.

However, leaders are not solely relegated to titled positions in society. Lawyers can, and often are, leaders in every-day life and in the life of those around them. It is often a lawyer that people turn to when they have questions on injustice or seek to right a wrong. Lawyers, judges, and laws are often what help to soothe and bring order to the turmoil around us. This is why, as much as we would love to hide from all the news, we mustn’t.

Instead, we must speak up and lead our communities and our country in the right direction.

Honestly, it is the burden we carry as lawyers.

There are many occasions where the OCBA is asked to make a statement or provide direction.

In every occasion we look to see whether it is proper for us to do so. We ask: Does it impact our

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members? Does it impact the rule or the practice of law? Is it the proper place for lawyers to lead?

Is it part of our mission?

Our mission as an organization has been the topic of discussion for as long as I have been on the executive board (more than 10 years). This year at our June retreat, the executive board opted to further clarify our mission statement by adding one important word. We opted to clarify that we wish to provide for a diverse bar. Our mission statement already provided that we wished to provide for an inclusive bar. We just wanted to take it a step further to clarify our goal and the importance we place on diversity.

After the events in Charlottesville, Virginia, the OCBA was asked by several bar organizations and members to issue a statement. At first, it seemed that, although abhorrent, the events did not take place in Orange County and thus, did not seem to be something that the OCBA should issue a statement on. However, after some discussion, the board determined that there comes a time to lead and this was the time. The following statement was issued. We stand by it and hope our members and our country do as well.

“Consistent with our mission statement, the OCBA is an inclusive organization. Diversity and inclusion are key tenets of our organization. We stand for freedom of speech but against bigotry, racism, and violence.”

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

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ProfessionalismCommittee

T Sheena M. Murray, Esq.

Supporting a Commitment to Families Through Professionalism

he Florida Bar has taken a significant leap forward in its mission to support a commitment to families and to promote gender diversity within the profession with a proposed rule that would recognize parental leave as a valid reason for trial continuances. On May 27, 2017, The Florida Bar Board of Governors voted unanimously to recommend proposed Florida Rule of Judicial Administration 2.570 to the Florida Supreme Court. This rule would eliminate the current discretionary standard used by the courts when it considers requests for continuances because of anticipated parental leave. Instead, it would require that such requests by the lead attorney in a case be granted if made within a reasonable time after learning the basis for the continuance, unless there is a showing that it would result in substantial prejudice to the opposing party. If approved, this rule would be the first in the country to specifically address the granting of continuances for parental leave.

While this proposed rule has met with much applause, it is not without its share of critics. In fact, the vote by The Florida Bar Board of Governors is the third time that The Florida Bar has attempted to pass such a rule. One of the most often-heard criticisms of the proposed parental leave rule is that it is unnecessary. The Florida Bar Special Committee on Parental Leave in Court Actions conducted an in-depth evaluation of the necessity for such a rule and provided in its “Committee Analysis and Action Report” (Jan. 27, 2017) an abundance of anecdotal evidence and research showing the importance of the proposed rule.

Among the anecdotal evidence are many instances where attorneys met with staunch opposition to a request for a parental leave continuance or accommodation, as well as examples where such requests were altogether denied and resulted in harm to the attorneys, their families, and/or their clients. These examples include: • An attorney who was required to appear in court on her anticipated due date to respond to a baseless motion to strike her notice of unavailability for the period of her maternity leave.

• An attorney who had to appear telephonically rather than in person for a key witness deposition because opposing counsel knowingly scheduled an out-of-town appearance late in the requesting attorney’s pregnancy, when she could not travel.

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• An opposing counsel who objected to a request for a continuance based solely upon an argument that the three months requested for maternity leave was an unreasonable amount of time.

These stories, and many others cited in the “Committee Analysis and Action Report,” show the parental leave rule is necessary. However, they also all share a common thread: the issues likely could have been resolved through professionalism.

Professionalism is key in almost every aspect of legal practice, but it is especially important when dealing with personal and family matters. An attorney who anticipates the need for a parental leave continuance should communicate this to the court and opposing counsel as early as he/ she feels it is appropriate, so that litigation can be structured appropriately. The attorney should also discuss any anticipated restrictions or accommodations needed, such as being unable to travel out of town, so that the parties can plan accordingly. Opposing counsel should strive to accommodate reasonable requests of this nature, and, if he or she believes that a real prejudice would result, then these concerns should be communicated to the requesting attorney. The parties should endeavor to work together to craft a solution to any dispute that provides for a reasonable continuance or accommodation needed by the requesting attorney, while minimizing any prejudice that may result to the opposing party.

It is especially important that requests for a continuance or other accommodation because of anticipated parental leave not be used by either the requesting attorney or opposing counsel to gain a tactical advantage in litigation.

Given the number of instances in which attorneys have been denied continuances or faced frivolous opposition to these requests, there is a clear need for the proposed parental leave continuance rule. While the potential for abuse certainly exists with this proposed rule, as with any other of its kind, the benefits far outweigh the possible negatives. However, through professionalism, many of the potential disputes and abuses of these requests can be resolved or altogether avoided so that the proposed rule, if adopted, can provide the benefits for which it was designed.

Sheena M. Murray, Esq., is a partner at Quintairos, Prieto, Wood & Boyer, P.A., specializing in the defense of general liability, premises, and nursing home cases. She has been a member of the OCBA since 2010.

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OCBA LuncheonThursday, October 26, 2017

F

State of the Court The Honorable Frederick J. Lauten Chief Judge, Ninth Judicial Circuit

rederick J. Lauten has served as Chief Judge of the Ninth Judicial Circuit Court since September, 2014. He was elected unanimously by his peers to succeed long-serving chief judge Belvin Perry, Jr., upon Judge Perry’s retirement from the court. Judge Lauten had previously served as administrative judge in both the Circuit Criminal and Circuit Civil divisions. He was appointed to the Orange County Court bench in 1993 by then-Governor Lawton Chiles. In 2000, Judge The Honorable Frederick J. Lauten Lauten was appointed to the Circuit Court bench by then-Governor Jeb Bush.

Chief Judge Judge Lauten is extremely active in judicial eduNinth Judicial Circuit Court cation. From 2006-2012, he served as dean of the Florida Judicial College. Prior to his tenure as dean, he served as associate dean and for years he taught at the college. The Florida Judicial College is the mandatory two-week school that all new judges in Florida must attend. After serving as dean of the college, Judge Lauten became chair of the Education Committee of the Florida Conference of Circuit Judge. He is responsible for organizing and presenting the education component of the annual Circuit Court conference.

Judge Lauten has served in every county court division in Orange County. In Circuit Court, Judge Lauten has served in Criminal Court, the VOP division, and the Complex Commercial Litigation division.

Prior to his appointment to the bench, Judge Lauten worked in the State Attorney’s Office for the Ninth Circuit for eleven years, trying approximately 100 jury trials. Prior to working at the State Attorney’s Office, Judge Lauten practiced law at Tierney and Swift, P.A., a communications law firm, in Washington, D.C. He began his practice of law as an associate at the Law Office of Bryan C. Hugo in Longwood, Florida, a general practice law firm.

Judge Lauten attended Bishop Moore High School in Orlando, Florida. He graduated from Rollins College in 1975 with a bachelor of arts degree in history, and in 1976 he obtained a master of business administration from the Rollins College Crummer School of Business. Judge Lauten graduated from the Villanova University School of Law in Villanova, Pennsylvania, in 1979.

Judge Lauten was born in Chicago, Illinois. As a child, he and his family resided in Milwaukee, Wisconsin; Knoxville, Tennessee; and Boston, Massachusetts, before moving to Orlando in 1967. Judge Lauten is married to Shelley Wilson Lauten and has a son, Christopher, who lives in Chicago. Judge Lauten has a daughter, Tori, a son-in-law, Josh, and a beautiful granddaughter, Sawyer, all of whom reside in Bakersfield, California.

The Ballroom at Church Street 11:30 a.m. - 1:00 p.m.

Sponsored by:

225 S. Garland Avenue • Orlando, FL 32801 Please RSVP by Monday, October 23, 2017 RSVPs will not be accepted after October 23, 2017 RSVP through the OCBA Store at www.orangecountybar.org/store CANCELLATIONS must be received no later than

October 23, 2017

To cancel, contact Sasha Jaquith at sashaj@ocbanet.org

See cancellation policy on the OCBA website homepage.

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Clerk’sCorner

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Increased Access to Justice with Stakeholder Partnerships

ne of my top priorities is to increase access to justice while providing exceptional customer service for our citizens, and recently my office has been ramping up more initiatives tailored to do just that. Instead of simply waiting to see them in our lobbies, we are expanding our efforts into the community to reach our customers directly.

Tiffany Moore Russell, Esq. Orange County Clerk of Courts

Since the launch of the Self Help Center in 2015, we have assisted thousands of customers. With the continued need for attorney consultations, our Self Help Center is scheduled to start providing services at our Apopka branch later this month.

This is where we need your assistance. Our Self Help Center is seeking attorneys to staff the downtown courthouse location and the new branch in Apopka. Attorneys will provide assistance to pro se litigants who need help with legal forms and who have procedural questions regarding family law, small claims, and landlord/tenant issues. There is a special need for bi-lingual attorneys who speak English, Spanish, and Creole, and I encourage you to apply by contacting the Orange County Bar Association.

In Apopka, on November 2, we will be hosting our next “Legal Matters: Access to Justice” workshop in partnership with the OCBA. We plan to use our official launch of the Self Help Center there as a forum to highlight our continued partnership with the OCBA and show how the Self Help Center can assist customers with navigating a small claims matter, a divorce, or eviction.

Continued partnerships like the one we have with the OCBA will have a positive impact on our community.

Below is the information about our workshop. Be sure you share it with your network.

With customer service, access to courts, and technology in mind, more initiatives are always on the horizon, so look for more updates during the year on the Clerk’s website, social media platforms, emails, and of course, in upcoming issues of The Briefs.

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

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theBrief s October 2017 Vol. 85 No. 8

Board of GovernorsReport

T Mary Ann Morgan, Esq.

Wayne L. Helsby, Esq.

Julia L. Frey, Esq.

Report from The Florida Bar Board of Governors: July 21, 2017

he Florida Bar Board of Governors met on July 21, 2017. The major actions of the Board and reports received included: Three new special committees were approved: the Special Committee on Mental Health will spend two years looking at Florida’s mental health laws and educating judges and lawyers on the best practices of dealing with parties and clients with mental health issues; the Special Committee on Child and Parent Representation will spend the next year looking at issues related to dependency representation; and the Special Committee on Health and Wellness of Florida Lawyers will look at mental health and practice issues facing lawyers. The lawyers health and wellness committee will be chaired by Board of Governors member Dori Foster-Morales, and will include a judge, a mental health professional, and a member of the Young Lawyers Division Board of Governors, and is already considering input, programs, and solutions. Watch for more details on these special committees in upcoming issues of The Florida Bar News.

The Standing Committee on Technology recently issued, through the Practice Resource Institute, a Quick Start Guide on Cloud Computing, answering basic questions, such as what cloud computing means and where information is stored, and providing questions to ask of a potential provider. The committee also annotated a longer, more detailed list of standards for cloud computing in its Due Diligence Considerations for Lawyers Evaluating Cloud Computing Service Providers, incorporating information from the Legal Cloud Computing Association.

The committee continues to focus on protecting data and client confidences for lawyers, including security for laptops and protecting electronic communications with clients.

The Board approved drafting an opinion to reply to a Bar member’s inquiry about the propriety of participating in a referral service that would charge a varying fee based on the type of case referred, which would also be a fee-per-case referral.

The Board Review Committee on Professional Ethics will publish an official notice seeking input from bar members and work to have the draft ready for the Board’s review at its December or January meeting. The bar has rejected referral services that charge by the case or had different charges for different types of cases, but some other states have taken other positions on those issues.

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The Special Committee on the 2017 Constitution Revision will launch the public education program “Protect Florida Democracy: Our Constitution, Our Rights, Our Courts” at a September 7 news conference in Tallahassee. The program’s www.ProtectFLDemocracy.org is now available and more information is being added, including “toolkits” for lawyers who want to get involved in the education effort. The program highlights topics such as the separation and balance of powers, why the Florida Constitution works best as a limited document, and the importance of a fair and impartial judiciary. The July 1 Florida Bar News story, FloridaBarNews.TV segment, and future issues will include more details. The special committee is also monitoring the activities of the Constitution Revision Commission offering technical assistance and legal education to the commissioners.

Two new technology-related services were approved to add to the Bar’s Member Benefits Program. Zola Media Website Design and Maintenance will help lawyers with their websites, and Cyber Security Insurance Product and Service will help lawyers with cybersecurity issues. The services will soon be added to the list of discounted and free products and services for members posted at www.floridabar.org/memberbenefits.

A proposed contract to enhance and modernize the online operations of the Bar’s Lawyer Referral Service was approved, but terms have not yet been finalized. Working with Legal.io, a San Francisco-based legal technology company, a new online platform will be designed that would modernize the Bar’s existing legal referral service and allow it to utilize the most cutting edge technology. The goal is an improved member benefit with better functionality for potential clients that should result in more referrals being made to participating Bar members. The Bar’s Lawyer Referral Service will continue to only operate in those counties where a voluntary bar does not already operate a lawyer referral service.

Any modernization of The Florida Bar’s online operations will not affect any voluntary bar association’s lawyer referral services as they will continue to operate as they have in the past. The Florida Bar will continue to work with the voluntary bar associations in an effort to coordinate, secure, and enhance their own lawyer referral services. More details are included in the August 15

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Do you like to sing?

An enterprising member is interested in starting an OCBA chorus! This would be a great way to further the bar’s commitment to promoting health, wellness, balance, and off-hours camaraderie among members!

If you have a background in the management of any type of choral group – or if you know of someone who does – or if you are interested in serving on an OCBA chorus committee or advisory board, contact Peggy Smith Bush at pbush@ southerntrialcounsel.com.

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 Luis F. Calderon Andrew L. Cameron Tina Caraballo Keith A. Carsten Nancy L. Clark Patricia A. Doherty Eric H. Dubois Brian F. Duckworth Robert J. Egan Jamie Grosshans Heather Higbee Evellen Jewett Steve Jewett John E. Jordan

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

John Marshall Kest Sally D.M. Kest Gisela T. Laurent Bob LeBlanc Marc L. Lubet Adam McGinnis Lisa T. Munyon Mike Murphy Donald A. Myers, Jr.

Heather Pinder Rodriguez Charles N. Prather Margaret H. Schreiber Elizabeth Starr Patricia L. Strowbridge Janet C. Thorpe Emerson R. Thompson, Jr. Christi L. Underwood Keith F. White Tanya Davis Wilson

Florida State University Florida State University University of Florida University of Miami University of Florida University of Central Florida University of Florida University of Florida Emory University & University of Florida Florida State University Stetson University and Army Duke University Stony Brook University Michigan State University Union College University of Florida University of Florida University of Central Florida University of Florida

Professionalism Award Nominations Sought 2018 Awards

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 a colleague today. 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., Tuesday, October 31, 2017.

If you have any questions, please contact Kim Homer, Esq., Executive Director, at 407-422-4551.

T

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)

Bring your lunch and pick up great practice pointers on October 9 & November 13!

12:00 p.m.-1:00 p.m. ||| Orange County Courthouse, 23rd Floor RSVP to: Lynn Harasti at ctjalh1@ocnjcc.org October 9 Topic: Special Evidence Issues in Criminal Court for Civil Practitioners

Brown Bagging with the Bobs The Honorable Bob Egan & the Honorable Bob LeBlanc

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www.orangecountybar.org

theBriefs October 2017 Vol. 85 No. 8

10th Annual

Breakfast of Champions To Benefit

Legal Aid Society of the Orange County Bar Association, Inc.

Thursday, November 2, 2017

7:30 a.m. until 9:00 a.m.

Doors open at 7:00 a.m. for networking Presidential Ballroom at Church Street Station 225 South Garland Avenue, Orlando, FL 32801 Parking limited • Reservations Required SPONSORSHIPS AVAILABLE: Platinum - $10,000 • Gold - $5,000 • Silver - $2,500 Copper - $1,000 • Bronze - $500 SPONSORSHIPS INCLUDE: Recognition in the BRIEFS magazine and at the event on overhead screens. Larger sponsors receive longer airtime and larger print font in marketing materials.

For sponsorship or to make donations, visit:

www.legalaidocba.org

Legal Aid Society of the Orange County Bar Association, Inc.

theBriefs October 2017 Vol. 85 No. 8

Go to Donation Tab, By Donation Note: 2017 Breakfast of Champions

DESIGNED BY

FOR MORE INFORMATION CONTACT:

Donna Haynes, Development Director (407) 515-1850 or boc@legalaidocba.org

www.orangecountybar.org

PAGE 9

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theBriefs October 2017 Vol. 85 No. 8

Chief’sColumn

In Honor and Distinction

O

n June 22, 2017, The Florida Bar held its annual convention in Boca Raton, Florida.

The four-day event was an opportunity to take part in CLE discussions, networking opportunities, and critical committee discussions.

The annual convention includes a Wednesday luncheon honoring the judiciary throughout the state. This year, the Ninth Circuit was fortunate to have two of its judges – Circuit Judge Bob LeBlanc and Orange County Judge Steve Jewett The Honorable Frederick J. Lauten – receive distinguished awards in recognition of the hard work they perform every day on and off Chief Judge the bench.

Ninth Judicial Circuit Court Congratulations are due Circuit Judge Bob LeBlanc for being this year’s recipient of the William M. Hoeveler Judicial Professionalism Award. This award honors a currently serving judge who demonstrates impeccable character, dutiful public service, and competence as a jurist. I have come to know Judge LeBlanc well over the years. He is a caring, compassionate, public servant dedicated to the rule of law.

His diligent work ethic and engaging demeanor serve as a model of professionalism and inspire both young lawyers and seasoned legal professionals to aspire to the same The Hon. Bob LeBlanc ideals. For these reasons, I believe it is truly fitting that Judge LeBlanc is the 17th recipient of this award, and only the second judge from the Ninth Circuit to receive this honor – the first being former Chief Judge Belvin Perry, Jr. in 2012.

Congratulations are also in order for Orange County Court Judge Steve Jewett, who received the coveted Judge of The Year Award. Sponsored by the Florida Supreme Court’s Justice Teaching initiative, the award is presented to a judge who embodies the spirit of the program’s mandate in delivering civic education to the children of our state. Since its inception, the initiative has persistently worked to pair legal professionals with elementary, middle, and high school students throughout Florida. Mirroring the initiative’s purpose,

Judge Jewett has long advocated for and been a supporter of many educational programs for students aspiring to become attorneys or other legal professionals. The citizens of Orange County are fortunate to have Judge Jewett as one of their county court judges.

Both of these men are more than leaders in their field; they are also leaders in the community.

Besides being a highly respected jurist, Judge LeBlanc has also served as an advisor for Barry Law and FAMU Law Moot Court and Mock Trial competitions, an advisor for the William R. Boone High School Mock Trial team, and an instructor for the Rotary Club Teach-In Days.

He actively participates in various community organizations, including the Mennello Museum of American Art Friends Board and as a founding member of Teen Alternatives, Inc. He is a past recipient of the James G. Glazebrook Memorial Bar Service Award, and has received the Legal Aid Society and Guardian Ad Litem merit awards.

Judge Jewett has been a staunch advocate for educational outreach programs throughout his judicial career. For many years, he has presided over the final stage of the Florida High School Mock Trial Competition, which is held annually over three days at the Orange County Courthouse.

Recognizing the need for increased judicial participation, he quietly recruits other judges to volunteer their time and participate in the competition. Before becoming a judge, he served as a past president of the Central Florida Association of Criminal Defense Lawyers. He has also served as a member of The Florida Bar’s Domestic Violence Committee and the Continuing Education Committee.

These two judges exemplify the ideals we hold dear as judges and attorneys. By their deeds, they remind us that we are summonsed to a higher calling – a life of service to the community – and that service does not cease when we leave our courtrooms. Please join me in congratulating Judge LeBlanc and Judge Jewett for their welldeserved recognition and for bringing such honor and distinction to our circuit.

The Honorable Frederick Lauten is the Chief Judge of the Ninth Judicial Circuit Court. He has been a member of the OCBA since 1993.

The Hon. Steve Jewett

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www.orangecountybar.org

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Special

How to Prepare for and Handle Difficult Mediations

W Frank M. Bedell, Esq.

hy are some mediations more difficult than others? What are the factors that typically increase the difficulty of mediating certain cases? And how can lawyers better prepare their clients and themselves for those difficult mediations? In this article, I will offer some suggestions so that you and your client can do a better job at your next mediation. And in the following article, I will show how these suggestions can be applied in preparing to mediate a non-compete case and a probate dispute.

I. Contributing Factors There are many factors that increase the difficulty of a mediation. Sometimes the personality of a party poses problems for his own lawyer as well as for opposing counsel. Very often the characteristics that have enabled a person to succeed in life or in business are contrary to the approach that’s needed to resolve a dispute productively and efficiently, or, at least, to obtain the best offer from the other side at mediation so that a more informed decision can be made about the risk of litigation.

A. Personality Traits, Business Success, and Mediation For example, while single-minded focus and tenacity are frequently cited as valuable personality traits for success, mediation often requires the party to think more broadly about the dispute and to consider more fully the strengths of the other party’s legal positions, the evidence supporting his opponent’s case, and the very real possibility that the litigation will last longer than anticipated or that the trial will not go as planned. Or maybe a party finds himself in the middle of a lawsuit because of a lack of focus, general tentativeness, or indecision; all of those traits will also undermine that party’s ability to prepare properly for the mediation, communicate goals effectively to his lawyer and the mediator, and execute an effective negotiation strategy at the mediation.

B. Essential Questions to be Asked When Analyzing Your Case Before a mediation, the party and his lawyer should ask and consider the following questions: “What is the purpose of the mediation – to settle or to obtain information?”

“What have we learned in discovery and in motion practice?”

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“What are we missing in discovery?”

“How is our theory of the case holding up?”

“What is the true strength of our legal position?”

“What if this case lasts longer than anticipated and becomes more expensive?”

“What will have to be done if we lose the trial?”

Finally and most important: “What is the value of the case right now?”

C. The History or Relationship of the Parties, and Bad Blood Other times mediations get bogged down because the parties had a long, close working relationship, during which important friendships were established, but that working relationship has deteriorated or been destroyed, and it has fallen to the lawyers to sort through the remains to determine whether money is owed. Those dynamics are prevalent in cases involving a non-compete clause, where the former employee tends to view her success as being the natural by-product of hard work and skill, while the former employer views that same success as being attributable to the employee’s receipt of proper training and access to business connections, all of which should flow back to the employer. There are difficult mediations in which the parties are related and did business together, until things did not go as planned. Or maybe a dispute has erupted over the proper division of a deceased relative’s estate or assets. Some claims, such as fraud, are inherently difficult because allegations of dishonesty and lack of candor strike at the heart of another party’s character. And, finally, there are those difficult situations when (believe it or not) the attorneys’ litigating styles simply aren’t compatible or when the attorneys just can’t stand each other, much less get along.

D. Attorneys’ Fees as a Primary Factor One or more of these factors are typically prevalent in difficult mediations and can cloud a party and his lawyer’s ability to accurately assess the present value of a future outcome. But perhaps the most difficult mediations are those in which attorneys’

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fees have unfortunately taken center stage, either because the fees incurred are greater than the amount that is realistically at issue, or because the attorneys’ fees are being taken out of a common fund (such as an estate) and will soon become larger than the amount in dispute. The dilemma presented by larger-than-projected attorneys’ fees typically exacerbates other factors and makes for a long day, for the lawyer, for opposing counsel and her client, and for the mediator. The following suggestions will help you prepare for those difficult mediations.

II. Recognition of the Problem Although this might seem obvious, it is worth a reminder: Before calling or meeting with a client to discuss an upcoming mediation, the lawyer should rigorously examine the file to determine how the case was initially presented to the lawyer.

What facts were known and, just as important, what facts were unknown at the beginning? This examination should be performed with the understanding that clients are not always able to provide their lawyers with the evidence that is necessary for counsel to formulate a well-reasoned evaluation of the case. The lawyer should also examine what has taken place in discovery or through motion practice which may have changed the amount realistically at issue, and the complexity and the projected length of the case. And finally the lawyer should calculate the amount of attorneys’ fees that have been incurred and paid to date. Without this up-to-date information, the lawyer and his clients might become distracted by their own different, imperfect, and often self-serving memories of what has occurred since the case began; avoiding this distraction will enable the lawyer and client to better prepare for the mediation.

II. Examples of Difficult Mediations Above, I discussed factors, such as personality traits, which can increase the difficulty of a mediation; essential questions to be considered during the pre-mediation meeting; the complicating factor of the increased attorneys’ fees relative to the amount in controversy; and how the lawyer can better discuss these factors with the client. The following two examples will illustrate how this advice can be applied to specific situations.

A. Example 1 – The Non-compete Case Let’s look at a non-compete case. The employer calls her lawyer and states that a top salesperson has left the company to work for a competitor and has taken a significant number of theBriefs October 2017 Vol. 85 No. 8

customers. This conduct violated the non-compete clause in the salesperson’s contract, which also includes a prevailing party attorneys’ fees clause.

Computer records have revealed that the former employee had been planning to leave for months and attempted to convince other salespeople to join him at the new company. At the moment, none of the other salespeople have left, but some customers are gone and sales are down. Estimated, quantifiable damages attributable to the former employee’s departure are approximately $50,000, and other losses are projected, including reputational damage.

The lawyer meets with the employer and outlines the range of options, from writing a demand letter to immediately filing a complaint accompanied by a motion for a temporary injunction. The employer is worried

about the long-term impact the departure will have on the company and is especially angry because the former employee had just received a more lucrative compensation package and was given greater responsibility with other employees shortly before leaving. The employer decides to file suit without moving for a temporary injunction. Initial discovery looks promising for the employer, so depositions are taken. It quickly becomes evident that the former employee hadn’t fully revealed to his new employer the extent of his pre-departure planning. At the same time, the employer has managed to salvage some of the customer relationships. An analysis of damages reveals that the employer has actually sustained damages which are approximately $20,000 to $22,500, or less than ½ of the first projection.

Plus, the former employee now has continued page 34

Maria E. Espinosa, Esq. Mediation ServiceS Florida Attorney since 1987 Florida Supreme Court Certified Family Mediator since 2005 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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PAGE 13

Legal Aid SocietyTeaching Tips

W Jamos “Jay” Mobley, Esq.

Craigslist, Catfishing, and Other Scams

hile I lean towards having a positive outlook, I have learned the value of a little situational pessimism. Think back to law school, or the bar exam, and a concept called issue spotting. Situational pessimism is just like that. Looking at a given set of facts and asking “what’s wrong with this situation?” If everyone practiced a little more situational pessimism, I would have far fewer clients who fall prey to scams. In almost every case, knowledge as to the scams out there, combined with a healthy dose of pessimism, would have helped the client avoid the scam altogether. So, since knowledge is power, here are a few of the most common scams I deal with in the Orlando area.

Craigslist rental scams: You are looking for a place to rent and see an ad with great pics on Craigslist in a great location. The rent amount is really attractive. (Insert that pessimism right about here – if it sounds too good to be true, it is!) You meet the “owner” or “property manager,” tour the unit, sign a lease and usually pay first and last month’s rent and a security deposit (usually by money order), and you are given the key.

Shortly after you move in you get a visit from the real owner, realtor, or the sheriff telling you that your lease is a fraud and that you are trespassing. Of course, the person you dealt with no longer answers the phone. Sometimes, the real owner files an eviction action, which buys you a few days, but leaves an eviction on your record.

However, I have seen victims removed immediately as trespassers. The best you can hope for is to negotiate a move-out date with the real owner to avoid the eviction on your record.

Calls from “Cardholder Services”: You get a call from someone telling you he/she is with cardholder services and he/she wants to lower or eliminate the interest rate you are paying on your credit accounts. All you need to do is switch to the new “interest-free” card now being offered to select cardholders. You give the caller information to open a new account and now he/she is planning either a shopping spree or a trip to the Bahamas on you. You should be pessimistic about any credit provider calling you to lower your interest rate!

Tech support scams: You get a pop-up on your computer screen telling you your computer has a “fatal-error” or is “infected with a dangerous

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malware or virus.” You are told you must call the number on the screen or your computer will spontaneously combust. OK, maybe not spontaneously combust, but the message will make it seem that your only option is to call for help. (Insert pessimism here!) Usually, if you restart your computer, you will be fine. If you are not sure what to do, ask a teenager or someone more tech savvy than yourself – but do not call the number on the screen. It cost my last client about $2,800.

She was billed per minute for the three long phone calls it took to “fix” her computer, and she gave a credit card to pay the “$99 download fee,” which ended up being billed at $1,499. The company was in India, or Malaysia – we think.

Catfishing: No, I don’t mean with a rod and reel. I mean like the MTV show Catfish where a person sets up a fake online personality and then trolls the Internet pretending to be another person. Usually, they target an individual on a dating or chat site and start up an ongoing online relationship with this person. They may talk on the phone or text for months, but they can’t seem to make video chat work so you can see who you are really chatting with. Most people do this for the attention rather than for money. But, the ever-inventive scam artists are now “catfishing” seniors. The “hook” comes when grandma’s (or grandpa’s) new online interest needs money for food, gas, a plane, or bus ticket to come and visit, or they are having a problem paying rent – so off to Western Union you run to send them money – just like the dozens of other victims this person is catfishing.

Now that you know about some of the most common scams in the Orlando area, pass them on to others who may need to know – clients, friends, or perhaps that lively senior in your life who has discovered online dating. For more information contact Jay Mobley, Esq., at jmobley@ legalaidocba.org, or 407-841-8310. For more information about becoming a Legal Aid financial donor, contact Donna Haynes, Manager of Development, at dhaynes@legalaidocba.org, or 407515-1850.

Jamos “Jay” Mobley, Esq., is a housing attorney at the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 2012.

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Legal Aid SocietyTeaching Tips

Eviction Defense: The Ninety-five Cent ($.95) “Eviction”

O Michael L. Resnick, Esq.

ne of the primary missions of the Legal Aid Society of the Orange County Bar Association, Inc., is to assist residents of Orange County in maintaining and/or stabilizing their housing situation. After all, wouldn’t you agree that if you do not have a stable place to live, then the lives impacted by that unstable housing situation are significantly at risk? Lack of stable and affordable housing often leads to homelessness, job loss, and the loss of custody of children.

Sometimes the Legal Aid Society is presented with one of those “I can’t believe it” kinds of eviction situations. To follow is a short summary of one of those eviction-type situations.

Mary is a 60-year old single woman who works full time at minimum wage (by the way, do you know what the hourly minimum wage is in Florida? $8.10 an hour; $324 per week, before taxes).

As a result, Mary is one of the “working poor” who lives in Orlando, the City Beautiful.

Mary’s monthly rent is $624.95. In one recent month, Mary was in a rush and wrote out her rent check to her landlord in the amount of $624 (which was $.95 less than her actual rent). When this $.95 payment error became known, Mary’s landlord told Mary to provide him with a money order for $.95. Mary complied and paid the $.95.

However, before Mary actually paid the extra $.95, her landlord provided her with a three-day notice to pay rent. The three-day notice to pay rent now demanded that Mary pay a total of $749.95 (an amount that included $125 in late fees and other charges resulting from Mary’s $.95 late payment).

So, what is Mary to do in this situation? Mary’s landlord wants Mary to now pay $749.95, even though Mary’s rent is actually $624.95. From Mary’s point of view: (1) she is limited in her income; (2) she has already paid the $.95 deficiency; and (3) she needs to keep her rental property since this may be the only rental unit she can afford because of her very limited income and high rents in Orlando. Following are some of Mary’s options: 1. Some would say that Mary should simply wait until the landlord files an eviction action, at which time Mary can tell the judge her story. This is almost always the strategy or path that a tenant would take.

Everyone wants to tell the judge his or her story. However, even if Mary is successful in having the eviction case dismissed,

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most tenants do not know that once an eviction action is filed, the eviction case is a permanent reference in a clerk of court’s records. Once filed, any person can have access to the clerk of court’s website, which then would reveal the existence of the eviction action. As a result, if Mary allows this issue to result in the filing of an eviction action, it is highly likely that because of her eviction record, Mary will not be able to find another rental property. As you undoubtedly know, the vacancy rate for rental property in Central Florida is very low and, as a result, landlords almost always have underwriting guidelines that prohibit the renting of a unit to someone who has a recent eviction filing. In addition, tenants universally believe that a civil court eviction case can be expunged. However, no such expungement law exists in Florida as to eviction court cases.

2. Some would say that Mary should simply pay the extra $125 in charges that the landlord states Mary owes for her $.95 payment error. What is the problem with this approach? In Mary’s situation, she does not have the additional $125 that her landlord is requesting she pay. While we (the readers of this article) may have this additional $125, most, if not all low-income residents of Orange County do not.

Statistics and surveys show that more than 60% of all U.S. residents live paycheck-topaycheck, which means that they have no emergency fund to deal with any type of financial emergency.

3. Mary can try to move ASAP. In fact, a three-day notice to pay rent in Florida allows the tenant to either pay or move.

What is the problem with this approach?

In Mary’s situation, if she does not have the additional $125 in fees to pay her landlord for her late payment, then surely she is not able to rent a different property, which will likely require her to pay several thousand dollars to her new landlord in the form of rent and a security deposit. The reality of this “move immediately” situation is that if a tenant decides to move quickly, then the move is to the home of family or friends, whether locally or to a different state.

www.orangecountybar.org

continued page 26

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Legal Aid SocietyGAL Teaching Tips

T Mexcye C. Roberts, Esq.

VAC Program Tips: We’re Here to Help

he Legal Aid Society of the Orange County Bar Association, Inc.’s Guardian ad Litem (GAL) Program is extremely fortunate to have pro bono attorneys devote their time and attention to abused, abandoned, and neglected children.

The work you do is phenomenal! We appreciate the effort and energy you put into making the lives of children better. Here at the GAL Program, we understand that there are times when we, as attorneys, find ourselves in positions where we wished we had a twin or a clone to help us meet the many demands of our profession. The Volunteer Advocates for Children (VAC) Program is designed to do just that. The VAC Program was crafted to allow lay people to assist attorneys with some of the legwork associated with serving as a GAL. The program consists of a group of volunteers who are certified and trained to assist GAL attorneys with performing functions such as: 1. Gathering records: educational, medical, visitation, daycare records, etc.; 2. Interviewing individuals who may have helpful information about the child: teachers, foster parents, caregivers, coaches, etc.; 3. Meeting the child: conducting visits in the home, school, daycare, visitation center, etc.; 4. Monitoring the child’s progress as well as orders of the court.

Sounds great, right? You may wonder, “How do I get a VAC to assist on my case?”

Our dependency court system has three teams.

Each team consists of attorneys and GAL case coordinators. One way to obtain VAC assistance is to ask the GAL case coordinator assigned to your team to submit a request for VAC assistance. Additionally, you can send an email directly to the VAC coordinator to request assistance. Please be sure the VAC assistance request contains the following information: • case number; • child’s name; • caregiver’s name, address, and phone number; • caregiver’s relationship with the child (e.g., maternal grandmother, aunt, etc.); • any important details or instructions the VAC should know about the case.

VACs offer valuable case assistance to all volunteer attorney GALs, from attorneys accepting their

PAGE 16 www.orangecountybar.org

first GAL appointment to the most seasoned attorneys, such as Abigail Johnston, Esq. Abigail recalls her experience with the Legal Aid Society’s VACs: Running and managing a busy law practice can present challenges when attempting to also handle pro bono cases in the best way. Utilizing VACs (and encouraging your staff to be trained as VACs) can provide the extra eyes, hands, and feet to ensure that the work gets done and the kiddos’ needs are met. It’s not a bad thing to ask for help; sometimes having another perspective can be surprisingly helpful!

Another typical situation occurs when a child is placed outside of Orange County. Can the VAC Program help in those circumstances? Absolutely!

VACs generally do not travel outside of the tricounty area unless they specifically agree to do so.

However, in most instances when children have been placed in other counties, the Legal Aid Society GAL Program has firm, established partnerships with the Statewide GAL Program for visitation assistance in the county in which the child resides. The VAC coordinator submits an Out of County (OOC) request to partner with the Statewide GAL Program to secure visitation assistance.

If you need assistance conducting visits with a child residing outside of Orange County, please provide the GAL case coordinator or VAC coordinator with the following information: • case number; • child’s name; • caregiver’s name, address, and phone number; • caregiver’s relationship with the child (e.g., maternal grandmother, aunt, etc.); • any specific information you would like the GAL Program to investigate during the visit.

After the request for assistance is submitted, the partnering GAL program assigns a local volunteer to conduct visits and submit reports regarding the child’s well-being.

Kristopher Kest, Esq., shares his thoughts about working with an out-of-county GAL: It was very helpful to have the assistance of an OOC GAL to assist with my GAL case. Because the child was placed in south Osceola continued page 30

theBriefs October 2017 Vol. 85 No. 8

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theBriefs October 2017 Vol. 85 No. 8

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theBriefs October 2017 Vol. 85 No. 8

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theBriefs October 2017 Vol. 85 No. 8

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PAGE 19

OCBA July Luncheon

Keshara D. Cowans, Esq. YLS President

July 27, 2017

The Ballroom at Church Street Sponsored by First Green Bank, LexisNexis, Orange Legal

Herbert L. Allen, Esq.

Liz McCausland, Esq. OCBA President

David Allen, Esq., of Allen, Miller & Diaz, P.A., accepts a 100% Club Certificate from LaShawnda Jackson, Esq.

Bill Umansky, Esq. LaShawnda K. Jackson, Esq.

Herbert L. Allen, Esq., Catherine A. Tucker, Esq.

Rania Arwani, Esq., of Arwani Nava Law PLLC, accepts a 100% Club Certificate Justin Sauer, Esq. from LaShawnda Jackson, Esq.

Herbert L. Allen, recipient of the Lifetime Achievement Award from the Legal Aid Society Orange County Bar Association, Inc. Mary Anne De Petrillo, Esq., Legal Aid Society Executive Director; Herbert L. Allen, Esq.; Melody B. Lynch, Legal Aid Society President PAGE 20

Allen, Dyer, Doppelt & Gilchrist, P.A. Back: Justin Sauer, Esq.; Matthew McKenny, Esq.; Ryan Santurri, Esq.; Brian Gilchrist, Esq.; Brock Hankins, Esq.; Stephen Luther, Esq. Front: Ava Doppelt, Esq.; Allison Imber, Esq.; Herbert Allen, Esq.; Karlene Pile

www.orangecountybar.org

theBriefs October 2017 Vol. 85 No. 8

OCBA August Luncheon August 24, 2017

The Ballroom at Church Street Co-hosted by the Hispanic Bar Association of Central Florida Sponsored by First Green Bank, LexisNexis, Orange Legal Liz McCausland, Esq. OCBA President

Rep. Carlos Guillermo Smith

Wynne E. McFarlin, Esq. Sister Ann Kendrick Hope CommUnity Center Liz McCausland, Esq., presents 100% Certificate Club to Jessica L. De La Cruz, Esq., Jeremy M. Brown, Esq., and Camy B. SchwamWilcox, Esq., of Schwam-Wilcox & Associates

Diego Puig, Esq. HBACF President Hispanic Bar Association of Central Florida

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Photos: Flo Boehm www.orangecountybar.org

PAGE 21

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theBriefs October 2017 Vol. 85 No. 8

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▲ Sub-chairs Needed!

The 2018 Law Week Committee is looking for a few great people to serve as sub-chairs for our great Law Week programs. If you want to become more active in the bar, take a leadership role, meet and network with colleagues, be part of an award-winning program, and have lots of fun along the way, please contact one of this year’s co-chairs, Andrew Irvin or Lorraine Pitre at ocbalawweek@gmail.com.

▲ 4th Annual Law Day 5k Take a deep breath – we’re gearing up for our 4th Annual Law Day 5k, to be held on April 7, 2018. If you’d like to be part of the committee that plans this great event, join us at our monthly 5k meetings! They’re scheduled for the first Tuesday of the month. For details, contact Nikki Rodeman at OCBALawDay5k@gmail.com.

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SpecialHealth and Wellness

D William D. Umansky, Esq.

Work Your Workout Plan Before You Work Out

epositions, court, motions, trial, fussy clients, networking, and the list goes on and on and on. When do you ever find time to work out? How many times have you said to yourself at night, “Tomorrow I will hit the gym,” just to find that some annoying, pesky thing gets in the way? Like a last-minute call from your partner, or a work project dumped on your desk. All of this, not to mention you may be a dad, mom, spouse, significant other, or a community leader!

What about when we do make progress in the gym? One day, two days, one week, a month, or longer, and then – boom – a big emergency comes and we don’t see the gym for months!

How then are we to get in shape? Feel good and take care of our stress and bodies?

Simple answer: Work your workout plan before you work out.

What do I mean? Plan your workouts way in advance. I try to plan them for the same days every week. The key: I know I’m destined to fail, but if I stick to the plan 50 percent of the time, I’m happy.

So how do I do it? Here was a plan I put into place last year. I have made it more general now, but initially I specified what days of the week for a particular workout. Every week I said to myself, “I am going to work out between 7:00 p.m.

- 9:00 p.m. every day.” I planned workouts for Saturday and Sunday morning. Yes, a seven-day plan! I planned my cardio and Latin dance class on Monday and Wednesday. Weights on Tues-

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day and Thursday. Friday was a combo day. My weekends were open to one or the other, or an outside activity.

So you are saying, “Is Umansky crazy? He plans a seven-day workout – that is ridiculous. I could never do that. I have other priorities, blah, blah, blah.” Sure you do, but if you don’t take care of yourself, who will? And how will you take care of your family if you’re dead from a stress attack?

Anyway, I never get to work out seven days a week because I have depositions, client meetings, networking, community events, court, and other stuff that always comes up. Do I despair? No. I know that I have that same time tomorrow. Do I worry about cancelling every day so that it becomes a habit? No way!

Here is the key: I know I am going to fail and not work out for seven days, but if I get three or four in, I am good. If I get five, I am ahead of the game! If I don’t do cardio on Monday because I have a last-minute emergency, I still do my weight lifting on Tuesday and try to make up the cardio on Friday or the open weekend days!

As with any plan, it takes discipline. But if you plan your plan, tell yourself it’s OK to fail, and make sure you keep at least half of the dates. You can do this!

William (Bill) Umansky, Esq., The Umansky Law Firm, is a criminal defense lawyer. He has been a member of the OCBA since 1985.

www.orangecountybar.org

PAGE 25

Board of Governors Report continued from page 7

Florida Bar News, which will be posted approximately one week before the publication date.

The Communications Committee presented to the Board the new templates for all official Florida Bar emails, including the one this summary appears on,* which apply the new website colors and styles. (As part of the Bar’s effort to assist members in identifying legitimate emails from The Florida Bar, please remember that emails from The Florida Bar to members will always: be from a sender email address@floridabar.org; if the notice is for a payment, ask members to first log in to the MyFloridaBar Members Portal with their user name and password; and include contact information for a Bar department if members have questions. If you have any questions about whether an email is a legitimate Florida Bar email, please call the Bar before opening any attachments or clicking any links. The Practice Resources Institute (PRI) lists tips and links to other resources for Florida Bar members to protect their computers from malware at https://pri.floridabar.org, and members may also call, email, or chat with a PRI practice management adviser about cybersecurity.) *See: https://www.floridabar. org/about/bog/bogsumjuly-17/ Ninth Judicial Circuit Board of Governors representatives: Mary Ann Morgan, Esq., Billings, Morgan & Boatwright, LLC; Wayne L. Helsby, Esq., Allen, Norton & Blue, P.A.; and Julia L. Frey, Esq., Lowndes, Drosdick, Doster, Kantor & Reed, P.A. The have been members of the OCBA since 1987, 1986, and 1993, respectively.

Legal Aid Society Teaching Tips continued from page 15

So, what would be your legal advice to Mary with respect to her $.95 eviction case? Would you tell Mary to fight and tell the judge how outrageous her landlord’s conduct is as part of an eviction action? Would you tell Mary to pay the extra $125 in charges and to find that money any way she can? Or would you tell Mary to begin packing her personal property so that she could move in three days?

While Mary’s case is not a typical eviction situation, it does show how difficult eviction-type cases can become even when the facts are simple and/or when the basis for an eviction action is outrageous (as I believe is the situation in Mary’s case). Interestingly, eviction-type cases are often complex, and they can be very difficult to defend against to the satisfaction or benefit of a tenant and a tenant’s family.

Most of you are probably wondering how Mary’s eviction situation turned out. Thankfully, when the Legal Aid Society intervened as Mary’s legal counsel, Mary’s landlord reconsidered his legal position by waiving the $125 in late fees and rescinding the three-day notice to pay rent. In addition, Mary’s landlord agreed to allow Mary to remain a tenant of the property for the remaining ten months of her lease. This outcome is another great example of the benefits that often result when a low-income client is provided with an attorney, either through a staff attorney at the Legal Aid Society, or through the incredible efforts of a pro bono attorney. As a result, please consider becoming a pro bono attorney by contacting attorney Cathy Tucker, Esq., Legal Aid Society Pro Bono Coordinator, at ctucker@legalaidocba.org.

The Legal Aid Society specializes in eviction defense for low-income residents of Orange County. If you have any eviction-related questions, please feel free to contact Mike Resnick, Esq., at mike@ legalaidocba.org.

Michael L. Resnick, Esq., is a housing attorney at the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 1998.

PAGE 26

The Orange County Bar Association is pleased to provide you with a list of vendors that have provided Central Floridians with time-tested, quality products and services, and are supporters of the Orange County Bar Association. We encourage you to take advantage of the products and services offered by these establishments. Many businesses on the list offer special promotions or discounts to help you continue to grow your practice and be successful both in the legal field and in the community.

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

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Andrew von Ramin Mapp • 805 S. Kirkman Rd, Ste. 202, Orlando, FL 32811 321-206-6718 • andrew@forensicanalyzers.com Perfect Practice – Software that fits your practice. – Replace the hodge podge of software with one integrated solution. Perfect Practice fits your practice without changing the way you manage your practice.

Richard Prieto • P.O. Box 540086, Orlando, FL 32854 • 407-843-8992 info@perfectpractice.com

•Professional Services•

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

541 E. Mitchell Hammock Rd., Oviedo, FL 32765 • 800-633-6458 mailbox@flmic.com The businesses listed herein (the “Vendors”) are not affiliated with the Orange County Bar Association (OCBA) and shall not under any circumstances be deemed to have any authority to act on behalf of the OCBA. The OCBA does not make, and expressly disclaims, any warranty, representation, responsibility, or guarantee as to (a) the quality or suitability of the Vendors, their products, or services, and (b) the duration or validity of any discount or other promotion offered by any of the Vendors.

www.orangecountybar.org

theBriefs October 2017 Vol. 85 No. 8

SideBar

O

nce again, Central Florida’s voluntary bars are doing great things in and for the community!

Despite the summer heat, the voluntary bars have been busy hosting many events during the past several months.

Alena V. Baker, Esq.

FBA: Brock Hankins, Esq.; Embry Kidd, Esq.; Karla Reyes, Esq.; Somadina Nwokolo, Esq.; Dustin Mauser-Claassen, Esq.; Robin Nauman, Esq.

FBA The Orlando Chapter of the Federal Bar Association (FBA) hosted more than 60 summer associates on June 23, 2017, at its annual Morning at the Federal Courthouse event. The event provided attendees with a comprehensive introduction to practicing in federal court.

Additionally, the FBA and Central Florida Bankruptcy Law Association held a joint luncheon on August 25 at the George C. Young Federal Courthouse. The featured speaker was Dan Eckhart, Esq., who presented “Bankruptcy Crimes, Attorney Money Laundering and Other Practice Pointers from a Former Assistant U.S. Attorney.”

And congratulations to Téa Sisic, Esq., who as of October 1 is the new president of the Orlando Chapter of the FBA. A special thank you to immediate past president, Kelly J.H. Garcia, Esq., for all of her hard work.

PCPB On May 11, 2017, the Paul C. Perkins Bar Association (PCPB) held its 9th Annual Scholarship Luncheon and Executive Board Induction at the Crowne Plaza Hotel in downtown Orlando. Additionally, on August 17, the PCPB hosted a networking and membership drive happy hour at Ember.

HBACF The Hispanic Bar Association of Central Florida (HBACF) held a welcome back to school networking happy hour on August 11 at Ember. This event provided networking opportunities both for attorneys and law students. Also, on August 24, the HBACF teamed up with Orange County Bar As-

sociation (OCBA) at the OCBA’s monthly luncheon held at the Ballroom at Church Street.

Representative Carlos Guillermo Smith from the Florida House of HBACF board members: Representatives was the Christina Alvarez, Esq. keynote speaker. Lastly, (recruitment); Sandra HBACF, together with Artreche, Esq. (YLS); the Hispanic Heritage Irene Pons-Meyers, Esq. Scholarship Fund of (treasurer); Diego Puig, Esq. (president); Ana Metro Orlando, held a Lopez, Esq. (Florida Bar Scholarship Night at the liaison); Camila Pachon Citrus Club on Septem- Silva, Esq. (community ber 28. The opportunity relations); Vanessa Cotto, to win a $5,000 schol- Esq. (membership) arship was open to law students of Hispanic descent attending either Barry University School of Law or FAMU College of Law.

GOAABA A special thank you to Vanessa Braga, Esq., for all of her hard work leading the Greater Orlando Asian American Bar Association (GOAABA) this past year. In July 2017, Annie P. Kwong, Esq., became the new GOAABA president. Annie is also involved with the OCBA Foundation, and is an active member of the OCBA YLS and the Central Florida Association for Women Lawyers (CFAWL) board. Additionally, she is chairing the OCBA Inclusion and Diversity Picnic, which will be held on Saturday January 28, 2018, from 11:00 a.m. to 4:00 p.m. at Barry University School of Law. Remember, “SideBar” is for you! We want to hear what’s going on, so please send information about upcoming events, as well as past events, along with photos and IDs to my attention at alena@bakercriminaldefense.com.

Alena V. Baker, Esq., 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.

PCPB

Desmond W. Morrell, Esq.; Dalya Zalloum (Barry Law scholarship recipient); Jayde R. Coleman, Esq. Desmond W. Morrell, Esq.; Tiyesha Johnson (FAMU Law scholarship recipient); Jayde R. Coleman, Esq.

theBriefs October 2017 Vol. 85 No. 8

Mildred Graham; Hon. Tanya Davis Wilson; Shayla Mount, Esq.; Roberta Walton, Esq.; Hon. Geraldine Thompson; Tiffany Moore Russell, Esq.; Hon. Alicia Lattimore; Lyneda Shorter, Esq.; Esther Whitehead, Esq.

www.orangecountybar.org

Roger Johnson, Esq.; Courtney Richardson-Jones, Esq.; Desmond W. Morrell, Esq.; Orlando Sheppard, Esq.; Benjamin Garcia, Esq.; Brandon Sapp, Esq.

PAGE 27

PhotoOps YLS Backpack Project Happy Hour Fundraiser at Kasa August 1, 2017

Jill Simon, Esq.; Onchanto Am, Esq.; John Hunt, Esq.; Lauren Robertson, Esq. Jen Smith, Esq., Liz McCausland, Esq., Jen Morando, Esq.

Brandon Sapp, Esq.; Onchanto Am, Esq., Stephanie Kennedy, Esq.

Brandon Sapp, Esq., Keshara Cowans, Esq.

Legal Aid Society of the Orange County Bar Association, Inc. Free Lunchtime Learnings October 3, 2017

12:00 p.m.-1:30 p.m.

Cancelled

October 17, 2017

12:00 p.m.-1:30 p.m.

DV 101

November 7, 2017

12:00 p.m.-1:30 p.m.

The Impact of Preverbal Child Trauma: A Lifetime of Effects

November 14, 2017

12:00 p.m.-1:30 p.m.

Human Trafficking

December 5, 2017

12:00 p.m.-1:30 p.m.

Transition to Adulthood and Independent Living

December 12, 2017

12:00 p.m.-1:30 p.m.

Restoration of Rights

PAGE 28

www.orangecountybar.org

CLE Applied for All Marks St. Senior Center • 99 E. Marks St. Orlando, FL 32803

Training classes are free for OCBA members and non-OCBA members participating in the LAS pro bono program. Pre-registration is required for the free lunch and requested for training (or subject to space availability if not pre-registered). For more information, contact Cathy Tucker, ctucker@ legalaidocba.org, Marilyn Carbo, mcarbo@legalaidocba.org, or Michelle Erazmus merazmus@legalaidocba.org.

theBriefs October 2017 Vol. 85 No. 8

YLS on the move

O

Jennifer A. Smith, Esq.

Morning at the State Courthouse

ur mantra this year is #wedomore, and here are some of the things we have been doing: Our Backpack Project Happy Hour Fundraiser at Kasa on August 1 had more than 80 people in attendance! The committee met on August 7 at A Gift for Teaching and stuffed 100 backpacks with school supplies and then delivered those backpacks on Thursday, August 10 to Rock Lake Elementary School. We raised more than $5,600 for backpacks and school supplies for the students and teachers of Rock Lake Elementary School! Thank you to everyone who donated money and supplies – you really helped make this year’s Backpack Project a huge success.

Special thanks go to co-chairs Hillary Jenkins, Esq., and Jared Brooks, Esq., and to the entire Backpack Project committee for an outstanding drive this year.

Congratulations to co-chairs Vanessa Braga, Esq., and Robin Nauman, Esq., and their committee for a great Morning at the State Courthouse on August 25, 2017. More than 40 young lawyers attended a panel presentation and breakout sessions with local judges and attorneys. Those who attended received practical practice tips from the judges and were able to ask questions in an informal setting. In addition, the attendees were joined by 19 local judges for lunch, including Chief Judge Lauten. Thank you to those who encouraged young lawyers to attend!

On September 15, 2017, Joe Briggs, Esq., was the guest speaker at our monthly luncheon. Joe is public policy counsel for the NFL Players Association and the first individual to lead the NFLPA Government Relations Department.

He spoke about the players association and the important role lawyers play in bringing our favorite game to the field on Sundays. Thanks go to YLS president Keshara Cowans, Esq., for securing this awesome speaker!

On September 29, 2017, we hosted our 26th Annual YLS Golf Tournament at the Ritz-Carlton Golf Club Grande Lakes. This year’s event included breakfast, door prizes, on-course games, raffle items, and an award reception. The proceeds from the golf tournament fund our chari-

theBriefs October 2017 Vol. 85 No. 8

table endeavors throughout the year, including our Halloween party at the Coalition for the Homeless, our events at Great Oaks Village, our scholarships, and other charitable contributions.

Congratulations to event chair Stephanie Alcalde, Esq., for another successful tournament.

Stay tuned for these upcoming YLS events: YLS is launching a new free CLE series: YLS Learns! Every few months, YLS will partner with other bar organizations and committees to bring you a free lunch, along with a CLE-accredited program targeted toward young lawyers. Our first YLS Learns program – Got Civility? – will be held on October 12 at the OCBA. A panel of local attorneys and judges will discuss professionalism in practice, and we have applied for 1.0 CLE in ethics for the program. Thank you to the Business Law Section of The Florida Bar and the Paul C. Perkins Bar Association for co-sponsoring this event! Space is limited. Please RSVP now to jdriggers@bakerlaw.com. Questions? Contact YLS CLE chair Lauren Millcarek, Esq., at lauren.millcarek@hklaw.com.

Join us for our next monthly luncheon on October 20 at the Citrus Club in downtown Orlando.

A three-course meal is only $10, plus you get to enjoy the company of your colleagues and hear from a great speaker. RSVP through the YLS section of the OCBA store by October 18 and avoid the late fee. Be sure to watch upcoming email blasts for the name of our guest speaker in October.

On October 26, YLS will host its 5th Annual YLS/Coalition for the Homeless Halloween Party – complete with candy, costumes, and a mock trial performance – for the kids residing at the Center for Women & Families at the main campus of the Coalition for the Homeless, 639 West Central Blvd., Orlando, FL 32801. Please volunteer to join us for an evening of rewarding fun. Email Lauren Robertson, Esq., at lrobertson@schwartzlawfirm.net, or John Hunt, Esq., at jhunt@schwartzlawfirm.net to sign up. Please indicate in your email whether you are volunteering for the party, the mock trial, or both, and, if you do not plan to attend for the whole party, indicate which shift you are volunteering for.

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

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

www.orangecountybar.org

PAGE 29

Legal Aid Society GAL Teaching Tips continued from page 16

County, it was more than an hour of travel each way, making it difficult for me to find the time to get down there every month. The OOC GAL did a wonderful job of checking on the child each month and providing timely and detailed reports of her visits. The OOC GAL allowed me to have regular checkups on the child without unreasonably impacting my schedule.

It’s a win-win!

For more information about GAL advocacy and the VAC Program, contact Mexcye C. Roberts, Esq., Legal Aid Society of the Orange County Bar Association, Inc., Guardian ad Litem Program staff attorney, at mroberts@legalaidocba.org, or 407-8418310. For more information about how to become a financial donor or help with our fundraising efforts, please contact Donna Haynes, Manager of Development, at dhaynes@legalaidocba. org, or 407-515-1850.

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

EXPERT WITNESS - CPA • Business Valuation; Pension Valuation;

Collaboration and Litigation Support • Lifestyle Analysis; Financial Affidavit; Alimony; Equitable Distribution Contact:

Thomas J. Gillmore, CPA, CFE, CVA 407-716-4795• tomg@FloridaDivorceCPA.com

PAGE 30 www.orangecountybar.org

theBriefs October 2017 Vol. 85 No. 8

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Clerk’s Self Help Center

The Clerk of Court’s office is seeking attorneys to staff its Self Help Center at the Orange County Courthouse and in Apopka.

Attorneys will provide assistance to pro se litigants who need help with legal forms and who have procedural questions regarding family law, small claims, and landlord/tenant issues. Attorneys will be paid a modest fee.

Speaker: Ava Doppelt, Esq.

Allen, Dyer, Doppelt & Gilchrist, P.A.

Tuesday, November 14, 2017

8:00 a.m.-9:30 a.m.

OCBA Center

Spanish-speaking attorneys are needed.

OCBA Members Only FREE

For details and an application, contact Candice Maull at candiced@ocbanet.org, or 407-422-4551, ext. 226.

Register at www.orangecountybar.org/store

by November 13

Limited Seating Breakfast Included

Save the Dates!

December 5: The Hon. Winifred J. Sharp January 9: John C. Jordan, Esq., Law Office of John C. Jordan

www.CentralFloridaLincoln.com

(800) 542-8471

2055 West Colonial Drive Orlando, FL 32804

Here's what we offer: 1

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Lincoln Loaners available

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5

Commercial line of credit

3

Roadside Assistance

Contact Merritt Martin, Executive Business Consultant, for more info (407) 947-0976 PAGE 32 www.orangecountybar.org

theBriefs October 2017 Vol. 85 No. 8

ParalegalPost Interview Tips and Tricks for Landing a Paralegal Position

T Maria Breen, Esq.

oday’s job market has become increasingly competitive, despite the economy’s march toward recovery. It takes every bit of edge in order to succeed. That is why we have compiled a list of the best tips for landing a paralegal or legal secretary position in the current market. Check them out below: Review everything you can find about the firm: As soon as you have scheduled an interview, research the firm online. Read their reviews.

Learn what clients have said about them. Review the areas of law the firm focuses on, articles the attorneys have written, and major cases the firm has won. Firms usually post profiles of their attorneys as well, so you can familiarize yourself with the practice and the people with whom you may potentially be working. Additionally, you can locate the firm’s office and do a practice drive to avoid getting lost on the day of your interview.

Another tip: try to schedule a morning interview.

That way, you will not spend the day building up anxiety.

Dress well for the interview: The firm will want to see how you will represent them, since you will most likely be one interacting with the public.

As such, you should always look presentable and professional. Research proper dress for a job interview with a law firm and dress accordingly.

Show that you have researched the firm and ask specific questions: Remember that the interview is also a chance for you to interview the firm, and not simply to be interviewed by the firm. When you ask specific questions or make specific statements regarding what you learned by researching the firm it shows that you took a real interest in the firm and actually want to work there. It also demonstrates initiative and enables you to form a rapport with a member of the firm.

These are things interviewers remember when they determine who moves on to the next round of interviews. Find something on their website that you have in common and highlight that to your advantage.

Relay your strengths: If the firm specializes in litigation, then tailor your resumé for litigation and highlight those areas in your background. If the firm primarily works in employment law, illustrate your experience in that specialty for your potential employers so they do not have to hunt through your resumé for the information. Make things as easy for them as possible and they will

theBriefs October 2017 Vol. 85 No. 8

www.orangecountybar.org

be grateful to you. Keeping several versions of your resumé, tailored for each type of interview, can pay off in the end.

Have materials at the ready: Be sure to bring class materials or work samples with you to show your skills. Even if you are not afforded an opportunity to look at them during the interview, you can leave materials for the interviewers so that they may review them at their leisure. Also, make sure to bring extra copies of your resumé and list of references.

Never speak ill of your previous employers: Again, just remember to be professional and classy. If not, the interviewer’s immediate thought would be, “What if she ends up saying the same thing about me?” If the interviewer asks why you left your last job, have a professional and polite answer prepared, even if your last boss was less than ideal.

Show some subtle cues: A strong handshake never goes unnoticed. Neither does a good suit, good manners, nor a good smile. That, along with a positive outlook and solid work materials, should make a great impression on a future employer. Even small things such as jiggling your foot or not making enough eye contact can work against you. Try to remain calm, do some yogic breathing, and treat this talk like you would any other.

Send a thank you note: Surprisingly, this is a small touch that many interviewees overlook.

You could send a handwritten note, or you could send a follow-up email to whoever coordinated your interview. For example, you may want to use the following: Dear _____: Thank you so much for the opportunity to interview with your firm today. Even if you decide to pursue another candidate, I very much enjoyed meeting you and wish you all the best in your search. Thank you.

Sincerely, If you are able to use these tips in your job search, you will be able to stand out among your competition. Good luck!

Maria Breen, Esq., oversees human resources, compliance, and business development at SuitsOn Staffing.

She has been a member of the OCBA since 2017.

PAGE 33

Special How to Prepare for and Handle Difficult Mediations continued from page 13

fewer assets than he had months earlier. The employer’s attorneys’ fees and costs are $25,000 going into the mediation. The parties decide to mediate prior to intense trial preparation.

B. Example 2 – A Probate Dispute Or examine a dispute between siblings involving an estate. The surviving parent – the mother – has died, leaving a son and a daughter, and named her lawyer as the personal representative of the estate. The son and daughter got along reasonably well as they were growing up as siblings, but they drifted apart. The son is a small business owner, who lived within a mile of his parents and spent significant time with them as they aged, and even more time with his mother as her health declined, while his sister lived out of state and concentrated on her career as a dermatologist. The father stated during a few of the son’s visits that he wanted the homestead to stay in the family.

Their parents’ house, valued at $210,000, is the primary asset of the estate, but there is a mortgage with $90,000 remaining and a $50,000 home equity loan which was taken out to pay for the mother’s long-term care, leaving approximately $70,000 in equity. There is also a bank account with approximately $80,000.

The mother’s last will and testament splits her assets evenly between her son and daughter, but the provision dealing with the homestead is ambiguous. The son, who just completed a contentious divorce, believes that his father’s intention regarding the homestead amounted to a promise that he would get the home, particularly since his sister lives out of state. The daughter’s husband, however, is convinced that his brother-in-law misused the power of attorney he was given over the parents’ joint bank account to pay for his own living expenses during the divorce proceedings.

Despite the personal representative’s admirable efforts, litigation was filed in the mother’s estate, first by the sister (with her husband’s encouragement) requesting an accounting of the bank account and the funds from the home equity loan, then a counterclaim by the brother claiming his right to the home. The personal repre-

sentative had sought to avoid the added expense of engaging a litigator by meeting separately with the son and then the daughter, but the claims necessitated that she engage a litigator.

In their initial meeting, the litigator suggested an early mediation.

IV. Suggestions for Difficult Mediations As with any negotiation, the lawyers in the non-compete case and the probate dispute need to speak with their clients and prepare an effective strategy for the mediation. This requires the lawyer and client to examine the amount of attorneys’ fees and costs already incurred and paid; add the estimated fees and litigation costs through trial, and possibly through appeal; and then objectively evaluate the evidence as currently known to determine the likelihood of prevailing, the possibility of losing at trial, the practical implications of a “win” and a “loss,” and the possibility of a split verdict or ruling from the bench; and consider the economic and non-economic costs of continued litigation. These factors will be viewed differently by each client depending on his/her particular circumstances and his/her tolerance of risk.

When discussing legal expenses, both the lawyer and the client should understand that at the beginning of most lawsuits there are typically so many unknown factors that it is very difficult to accurately assess the value of a case through trial.

One experienced mediator described it this way, “At the beginning of the case the lawyer is looking through a periscope, at the end you’re looking at it through a microscope.” As difficult as it might be, the client should generally look upon money already spent on attorneys’ fees as just one of the factors in determining the current value of the case – despite the possibility of recovering fees through a contract or statute – as recovering fees is often an uncertain and difficult proposition and requires a solvent adversary. The client, in an effort not to “throw good money after bad,” should also consider whether there are other, better uses for the funds to be expended on litigation costs going forward.

Similarly, the client should also consider the lost opportunity costs of continuing with litigation.

This analysis will assist the lawyer and client with preparing a clear-eyed assessment of the current value of the case – not the perceived value of the case when it was filed, or the hoped-for value of the case at some future date, premised upon evidence that has not yet been discovered or developed. But what is the case worth at the time of the mediation?

PAGE 34 www.orangecountybar.org

By using this type of approach, the lawyer can counsel her employer/client in the non-compete case to consider accepting a smaller amount than the initial projection of $50,000 without feeling like the case was a loss. The filing of the lawsuit and the expenditure of funds on attorneys’ fees enabled the company to understand that the damages were not as large as initially projected and salvaging relationships with customers had value.

Similarly, in the probate dispute, both the brother and the sister would be well advised to accept a compromise, rather than take to trial a case for a fully audited accounting of the debits from the bank account and the son’s entitlement to the homestead. If the homestead’s $70,000 in equity is divided equally, the brother and sister will receive $35,000; the $80,000 bank account will result in $40,000 per child. Unless the son’s claim to the homestead is very strong, it would not make good sense for the son to reject an even remotely reasonable settlement offer in order to take the case to trial, particularly since the very funds needed to pay the mortgage and the home equity loan would be redirected towards the attorneys’ fees and costs of both trial counsel and the personal representative. The daughter would face the same dilemma with her claim for an accounting of the bank account, as it is an asset of the estate.

Conclusion Before speaking with your client in anticipation of an upcoming mediation, remember to thoroughly examine the file; determine which facts were known and which were not known when the case began; figure out how the case has changed as evidence has been discovered; calculate the attorneys’ fees and costs that have been incurred and will be incurred; and formulate an opinion about the current value of the case. Following these steps will enable you to have a more informed conversation with your client about what to expect at the mediation and where your client’s final offer should be, and you will be in a better position to discuss and avoid those difficult moments when the issue of attorneys’ fees takes on unwarranted focus. Your clients will appreciate the extra preparation, and you can assist them in obtaining a better result at mediation.

Frank Bedell, Esq., offers mediation, arbitration, and settlement counsel services for commercial clients in Orlando and throughout Florida. He was a commercial and probate trial lawyer for 25+ years before concentrating in dispute resolution. Frank is a past president of the Orange County Bar Association and has been a member of the OCBA since 1987.

theBriefs October 2017 Vol. 85 No. 8

PhotoOps Current OCBA president, Liz McCausland, Esq., immediate past president, Wiley Boston, Esq., and executive director, Kim Homer, Esq., accepted the 2017 LexisNexis Community and Educational Outreach Award at The Florida Bar Annual Conference in June.

The award recognizes the bar’s response to the Pulse nightclub tragedy in June 2016. The OCBA, in partnership with the Legal Aid Society of the Orange County Bar Association, Inc., reacted immediately upon learning of the tragedy, creating a crisis call center, securing pro bono attorneys, and providing one-on-one assistance to victims and families at the City of Orlando/FBI Victim Assistance Center. At the one-year anniversary of the mass shooting, 323 attorneys, 223 of whom were local, served on the panel and 123 referrals had been made.

In July, OCBA’s Labor & Employment Committee held the seminar “NonCompete Litigation: A Business Court Perspective,” presented by judges Julie O’Kane and Donald Myers.

Lauren Robertson, Esq. Christopher Pace, Esq. Scott Adams, Esq. Judge Julie O’Kane Judge Donald Myers

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PAGE 35

New M embe rs Attorneys Eric B. Ambinder Alicia M. Bandoli Bradley J. Busbin Marc H. Cohen Nancy G. Cook Millicent E. Daniels Isela M. Guzman Cassandra HarrisStarks

Joshua L. Hawes Shaun P. Keough Ryan G. Knight Patricia R. McConnell Justin W. McConnell Katy M. Melchiorre Justin Meyer Minoru Ohye London L. Ott Fotene P. Rooth

Craig Stevens Ashley R. Wright Awad M. Zitawi Vazquez Robert E. Zlatkin

Affiliates Emmy J. Ketterman Melodye M. Marvin Zeffrey A. Mims Michelle R. Montecalvo

Law Students Beth Ann T. Tobey Kahalia Solano Carmen Oyarzun Nicholas D. Pazmino Dayna Maeder

Paralegal Student Courtney M. Dyer

Thank you to the following OCBA members or firms that encouraged their colleagues to join the Orange County Bar! Barry Law Career Services • Joey Chindamo • Tiffany Colbert • Marc Consalo • Tom Feiter • Anne Fisher Forster Bougman & Lefkowitz • Brandon Gans • Shannon Gridley-Hetz • Annessa Kallo • Connor Kelly • Mary Ann Morgan Atiya Munroe • Hon. Donald Myers • Paul Pelton • Hilda Roman • William Shaw • Lori Spangler • Ryan Williams

A special thanks goes to Paul Pelton, president of the OCBA Paralegal Section, for referring 25 new members!

Hurricane Assistance for Consumers

OCBA FREE Citizen Dispute Mediation Program If an Orange County client, neighbor, or friend has hurricanerelated legal matters that may be solved via OCBA’s FREE mediation program, please consider referring them our Citizen Dispute Settlement (CDS) department to schedule an appointment. The program is free to all Orange County residents regardless of income.

Call 407-423-5732, 9:00 a.m. - 5:00 p.m., Monday - Friday.

Types of cases handled include: • Landlord/Tenant • Consumer Complaints • Recovery of Money/Property • Neighborhood Disputes • Property Damage • Harassment • Animal Nuisance • Disorderly Conduct The OCBA Citizen Dispute Settlement / Family Law Mediation service is a free, year-round program for the public. For additional information, visit the OCBA website at orangecountybar.org/mediation.

The Florida Bar Hurricane Assistance Programs: Volunteer to answer hurricane-related legal questions. Go to The Florida Bar YLD Disaster Relief – FEMA Hotline page at: flayld.org/get-involved/disaster-relief-fema-hotline // See resources for attorneys and the public. Go to The Florida Bar website at: www.floridabar.org/news/hurricaneirma-updates-for-fl-bar-members-and-fl-consumers The Florida Bar • www.floridabar.org/ • 850-561-5600 PAGE 36

fs October 2017 Vol. 85 No. 8

www.orangecountybar.org theBrie

Events Oct. 3 – Member Perks Speaker Series. 8:00 a.m.-9:30 a.m.

OCBA Center. Speakers: The Hon. John Marshall Kest and the Hon. Sally D.M. Kest. Members only. Free. Register by Oct. 2 at the OCBA Store.

Oct. 18 – Hurricane Relief Benefit. Jax Thornton Park Deli & Ale House, 617 E. Central Blvd., Orlando, FL 32801. 5:30 p.m.-7:30 p.m.

Oktoberfest event, with drinks and German-style food. $25 all attendees. Net proceeds will benefit Second Harvest Food Bank.

RSVP by Oct. 13 at the OCBA Store.

Nov. 2 – 10th Annual Breakfast of Champions. 7:00 a.m.-9:00 a.m. The Ballroom at Church Street. For details, contact Donna Haynes at dhaynes@legalaidocba.org.

Nov. 14 – Member Perks Speaker Series. 8:00 a.m.-9:30 a.m.

OCBA Center. Speaker: Ava Doppelt, Esq. Members only. Free.

Register by Nov. 13 at the OCBA Store.

Seminars Oct. 3 – LAS Lunchtime Training. Cancelled.

Oct. 4 – Corporate Succession Planning to Avoid Complications and Litigation. Business Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/student); $15 (non-members). Speaker: Daniel Coultoff, Esq., and Michael Candiotti, Esq. Register by Oct. 2 at the OCBA Store.

Oct. 5 – I-601a Waiver Fundamentals. Immigration Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general and 1.0 immigration and nationality law (approved). Free (OCBA members/gov’t/student); $15 (non-members). Speaker: Renee Pobjecky, Esq. Register by Oct. 3 at the OCBA Store.

Oct. 6 – Arbitration of Employment Disputes. Labor & Employment Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general and 1.0 labor and employment law (approved). Free (OCBA members/gov’t/student); $15 (non-members). Speaker: Gary S. Salzman, Esq. Register by Oct. 4 at the OCBA Store.

Oct. 9 – Understanding Business Succession Planning. Estate, Guardianship & Trust Committee Seminar. 12:00 p.m.-1:00 p.m.

OCBA Center. CLE: 1.0 general and 1.0 wills, trusts, and estates (approved). Free (OCBA members/gov’t/student); $15 (non-members). Speaker: Danny Axman, Allstate Advanced Solutions Team.

Sponsored by: Charles Wright, Allstate. Register by Oct. 6 at the OCBA Store.

Oct. 9 – Special Evidence Issues in Criminal Court for Civil Practitioners. Brown Bagging with the Bobs. 12:00 p.m.-1:00 p.m.

Orange County Courthouse, 23rd Floor. CLE: 1.0 (pending). Speakers: Hon. Bob Egan and Hon. Bob LeBlanc. Free. RSVP to Lynn Harasti at ctjalh1@ocnjcc.org.

Oct. 10 – Trademark Law v. The First Amendment: A Fight to the Death. Intellectual Property Committee Seminar. 12:00 p.m.1:00 p.m. Greenberg Traurig, P.A., 450 S. Orange Ave., Ste. 650, Orlando, FL 32801. CLE: 1.0 (pending). Free (OCBA members/gov’t/ student); $15 (non-members). Speaker: Allison R. Imber, Esq. Register by Oct. 9 at the OCBA Store.

Oct. 13 – How to Ethically Run a Profitable Solo or Small Firm.

Solo & Small Firm Committee Major Seminar. 9:00 a.m.-5:00 p.m.

OCBA Center. CLE: 8.0 general, 2.0 ethics (pending). $60 (OCBA members; $25 (gov’t/student); $85 (non-members). Speakers: Thomas Feiter, Esq.; Debra Botwin, Esq.; Imran Malik, Esq.; Richard Schwamm, Esq.; Keshara Cowans, Esq.; Hon. Kevin Weiss; Hon. Gisela Laurent; Richard Hornsby, Esq.; William Umansky, Esq. Register by Oct. 11 at the OCBA Store.

Oct. 17 – DV 101. 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: Cecile F. Cochran, Esq., Monica Victorica, Esq., and Tenesia Hall, Esq. Contact: Marilyn Carbo at mcarbo@ legalaidocba.org.

Oct. 18 – A View From the Bench: Judge Antoon Reflects on his Experience as Associate Judge on the United States Ninth Circuit Court of Appeals. Appellate Law Committee Seminar.12:00 p.m.-2:00 p.m. OCBA Center. CLE: 2.0 general (pending).

Free (OCBA members/gov’t/student); $15 (non-members). Speaker: Hon. John Antoon II, Senior Judge, U.S. District Court. Register

by Oct. 16 at the OCBA Store.

Oct. 20 – A Year in Trial: Targeted Discovery for Financial and Children Issues. Family Law Committee Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: pending. Free (OCBA members/gov’t/student); $15 (non-members). Speaker: Amy Hamlin, Esq., and Jennifer Gavrich, CVA, CFE. Register by Oct. 18 at the OCBA Store.

Oct. 27 – Ethical Consideration: Stand Your Ground. Paralegal Section Lunch & Learn. 12:00 p.m.-1:00 p.m. Greenberg Traurig, P.A., 450 S. Orange Ave., Ste. 650, Orlando, FL 32801. CLE: 1.0 ethics (approved). Speaker: Senator David Simmons. Sponsored by First Choice Reporting and Greenberg Traurig, P.A. To register, contact Shannon Casey at caseysh@gtlaw.com.

Oct. 27 – The Procedural Nature of Judgment Enforcement and Recovery. Bankruptcy Law Committee Seminar. 12:00 p.m.1:00 p.m. OCBA Center. CLE: 1.0 (pending). Free (OCBA members/ gov’t/student); $15 (non-members). Speakers: Andrew E. Weiner and Raymond Rotella, Esq. Register by Oct. 25 at the OCBA Store.

Oct. 31 – Software and Other Tools Used by Vocational Experts at Social Security Administrative Hearings. Social Security Committee Seminar. 12:00 p.m.-2:00 p.m. OCBA Center. CLE: 1.0 general and 1.0 technology (approved). Free (OCBA members/ gov’t/student); $15 (non-members). Speaker: Devin Lessne, MA, MS, CRC, CDMS, ABE/F, PVE. Register by Oct. 29 at the OCBA Store.

Nov. 2 – Estate, Guardianship & Trust Committee Major Seminar.

OCBA Center. Details to come.

Nov. 7 – The Impact of Preverbal Child Trauma: A Lifetime of Effects. 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: Cherilyn Rowland. Contact: Marilyn Carbo at mcarbo@ legalaidocba.org.

Nov. 13 – Topic: TBD. Brown Bagging with the Bobs. 12:00 p.m.1:00 p.m. Orange County Courthouse, 23rd Floor. CLE: 1.0 (pending). Speakers: Hon. Bob Egan and Hon. Bob LeBlanc. Free. RSVP to Lynn Harasti at ctjalh1@ocnjcc.org.

Nov. 14 – 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. Speaker: Ana Bernal Roberts, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Nov. 17 – Family Law Committee Seminar. 12:00 p.m.-1:00 p.m.

OCBA Center. CLE: pending. Details to come.

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

An n o unce ments

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

Insurance defense and strong litigation experience preferred. Please send all inquiries to the jmccallister@ rocklawpa.com Our firm has the immediate need for a full-time associate attorney admitted in Florida, to practice consumer contract law with particular emphasis on timeshare law.

The ideal candidate will have litigation experience, strong writing skills, graduation from a USN & WR ranked law school, and a willingness to work 50 or more hours or more per week. Compensation starts at $70,000 annually plus incentives. Send resumes to aa@aaronsonaustin.com.

PIP/BI Attorney Needed. Immediate opening available for attorney with 3+ years of PIP/BI litigation experience.

Salary will be commensurate with civil litigation experience and does include an extensive benefits package. Ideal candidate will have good academic credentials, excellent analytical and writing skills and the ability to manage caseload from inception through trial. 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.

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

OFFICE SPACE/SALE/ RENT/LEASE OFFICE SPACE AVAILABLE FOR RENT. Close to Downtown Orlando.

Easily accessible with free parking. Conference and kitchen facilities. Copier/fax available. Reception area.

Please call John Pierce at (407) 898-4848.

Maitland/Altamonte Springs: 700 sq ft four room office suite available. Electric and ample parking included.

407-425-0234 or info@ wfmblaw.com.

LAW OFFICE WITH SECRETARIAL OFFICE: Lk Highland Prep area.

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Office space available 1515 E. Livingston. Free standing building, 3 offices, reception and free parking. $1500/mo. Unfurnished, $1600/mo. Furnished.

Contact Jessica Travis at jessicatravispa@gmail.com.

For Rent: Historic Bungalow Office Building on brick street, Uptown Orlando. Includes reception, conf. and kitchen areas, oak floors, alarm system and parking lot. 407921-0489.

OFFICE SPACE SHARED Downtown Orlando Boutique Office for Rent: 2 furnished offices and secretarial bay located on the 2nd floor of an established law practice 1 block away from the Orange County Courthouse.

Includes: Reception area and conference room access, signage and 1 parking space per office. Non-smokers only. Please call 407-4269300 or email mcarr@ carrlawpa.com.

Major Seminars at the OCBA Center

See Announcements on page 37 for additional details

October 13

Solo & Small Firm Committee

How to Ethically Run a Profitable Solo or Small Firm 9:00 a.m.-5:00 p.m. // CLE 8.0 general, 2.0 ethics (pending) $60 (OCBA members; $25 (gov’t/student); $85 (non-members).

Speakers: Thomas Feiter, Esq.; Debra Botwin, Esq.; Imran Malik, Esq.; Richard Schwamm, Esq.; Keshara Cowans, Esq.; Hon. Kevin Weiss; Hon. Gisela Laurent; Richard Hornsby, Esq.; William Umansky, Esq. Register by Oct. 11, OCBA Store.

You are in business to deliver a valuable service.

Toot your own horn!

The Briefs is the perfect forum to herald your message.

OCBA advertising specialist Amanda Nethero stands ready to assist in your media investment.

407-422-4551 x. 244 // amandan@ocbanet.org

November 2

Estate, Guardianship & Trust Committee Details to come.

OCBA Store www.orangecountybar.org/products/seminars

PAGE 38

www.orangecountybar.org

theBriefs October 2017 Vol. 85 No. 8

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theBriefs October 2017 Vol. 85 No. 8

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OCBA Calendar

OCBA October Luncheon State of the Court

The Hon. Frederick J. Lauten

OCTOBER - NOVEMBER

October

3

Member Perks Speaker Series 8:00 a.m. • OCBA Center LAS Lunchtime Training Cancelled Professionalism Committee Meeting 12:00 p.m. • OCBA Center Law Day 5k Meeting 12:00 p.m. • OCBA Center

4

Business Law Committee Seminar Corporate Succession Planning to Avoid Complications and Litigation 12:00 p.m. • OCBA Center

& Small Firm Committee 1 3 Solo Major Seminar

How to Ethically Run a Profitable Solo or Small Firm 9:00 a.m. • OCBA Center

16

Insurance Law Committee Meeting 12:00 p.m. • OCBA Center Lunchtime Training 1 7 LAS DV 101

12:00 p.m. • Marks St. Senior Ctr.

1 Seminar 8 Appellate Law Committee

5 6

1 9 20 2 4 26

10 11

31

Social Security Committee Seminar Software and Other Tools Used

by Vocational Experts at Social Security Administrative Hearings 12:00 p.m. • OCBA Center

November

A View From the Bench: Judge Antoon Reflects on his Experience as Associate Judge on the U.S. Ninth Immigration Law Committee Circuit Court of Appeals Seminar 12:00 p.m. • OCBA Center I-601a Waiver Fundamentals Law Week Committee Meeting 12:00 p.m. • OCBA Center 12:00 p.m. • OCBA Center Labor & Employment Committee

Hurricane Relief Benefit Seminar

5:30 p.m. • Jax Thornton Park Deli Arbitration of Employment Disputes

& Ale House 12:00 p.m. • OCBA Center ADR Committee Meeting Brown Bagging with the Bobs Special Evidence Issues in Criminal 12:00 p.m. • OCBA Center Court for Civil Practitioners YLS Monthly Luncheon 12:00 p.m. • Orange County 11:30 a.m. • Citrus Club Courthouse, 23rd Floor Family Law Committee Seminar Estate, Guardianship & Trust A Year in Trial: Targeted Discovery Committee Seminar for Financial and Children Issues Understanding Business Succession 12:00 p.m. • OCBA Center Planning Social Committee Meeting 12:00 p.m. • OCBA Center 12:00 p.m. • OCBA Center Intellectual Property Committee OCBA Monthly Luncheon Seminar

State of the Court Trademark Law v. The First

The Hon. Frederick J. Lauten Amendment: A Fight to the Death

Chief Judge, Ninth Judicial Circuit 12:00 p.m. • Greenberg Traurig, P.A. 11:30 a.m. • The Ballroom at Lawyers Literary Society Meeting Church Street 12:00 p.m. • OCBA Center Bankruptcy Law Committee Veterans Committee Meeting Seminar 12:00 p.m. • OCBA Center The Procedural Nature of Judgment Enforcement and Recovery Elder Law Committee Meeting 12:00 p.m. • OCBA Center 12:00 p.m. • OCBA Center Paralegal Section Lunch & Social Security Committee Learn Meeting Ethical Consideration: Stand Your 12:00 p.m. • OCBA Center Ground 12:00 p.m. • Greenberg Traurig, P.A.

9

Chief Judge, Ninth Judicial Circuit Thursday, October 26, 2017 11:30 a.m.-1:00 p.m.

The Ballroom at Church Street RSVP by October 23, 2017 Orangecountybar.org/store Sponsored by First Green Bank, LexisNexis, Orange Legal

27

12

10 Annual Breakfast of 2 Champions th

7:00 a.m. • The Ballroom at Church Street Estate, Guardianship & Trust Committee Major Seminar Details to come • OCBA Center

LAS Lunchtime Training 7 The Impact of Preverbal Child

Trauma: A Lifetime of Effects 12:00 p.m. • Marks St. Senior Ctr. Law Day 5k Meeting 12:00 p.m. • OCBA Center Lawyers Literary Society 8 12:00 p.m. • OCBA Center

Judicial Relations 12:00 p.m. • Orange County Courthouse

13

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

Perks Speaker Series 1 4 Member 8:00 a.m. • OCBA Center LAS Lunchtime Training Human Trafficking 12:00 p.m. • Marks St. Senior Ctr. Week Committee 1 6 Law 12:00 p.m. • OCBA Center ADR Committee 12:00 p.m. • OCBA Center Monthly Luncheon 1 7 YLS 11:30 a.m. • Citrus Club

Family Law Committee Seminar Topic: TBD 12:00 p.m. • OCBA Center

For the latest news about committee meetings, seminars, and events, see the OCBA website at www.orangecountybar.org.

PAGE 40

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theBriefs October 2017 Vol. 85 No. 8

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