Orange County Bar Association - The Briefs - October 2018

A Publication of the Orange County

Inside this Issue: President’s Message Fulfill the Need for Additional Judges and Fully Fund our Judicial Branch Richard S. Dellinger, Esq.

October 2018 Vol. 86 No. 8

From the Editor Our Courts Kate T. Hollis, Esq.

Bar Association

Business Law Committee Business Court: The End of an Era or an Opportunity for Reinvention? Patricia R. McConnell, Esq. Robyn M. Kramer, Esq. Diversity & Inclusion Committee Diversify Your Assets Ahmad S. El-Gendi, Esq.

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theBriefs October 2018  Vol. 86 No. 8

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the Briefs

Contents 3

President’s Message Fulfill the Need for Additional Judges and Fully Fund our Judicial Branch Richard S. Dellinger, Esq.

4

15 16

Legal Aid Society What We Do... The Importance of Listening to a Client’s Story Jamos K. Mobley, Esq.

Professionalism Committee Professionalism Demands Courtesy Amy J. Carter, Esq.

5

©2018

Legal Aid Society Teaching Tips Stop Contact Letters: To Use or Not to Use Jamos K. Mobley, Esq.

Editor Kate T. Hollis, Esq. Associate Editors Karen L. Middlekauff, Esq. & Robyn M. Kramer, Esq. Hearsay Columnist Vanessa A. Braga, Esq.

21

YLS on the Move Heather M. Meglino, Esq.

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SideBar Alena V. Baker, Esq.

2018 Report from the Ninth Judicial Forum

OCBA Luncheon Michelle R. Suskauer, Esq. President, The Florida Bar

OCBA Annual Trivia Contest

25

6

From the Editor Our Courts Kate T. Hollis, Esq.

YLS on the Move Heather M. Meglino, Esq.

Clerk’s Corner “Clerks Against Domestic Violence” Working to Make a Difference Tiffany Moore Russell, Esq.

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26

Diversity & Inclusion Committee Diversify Your Assets Ahmad S. El-Gendi, Esq.

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Chief’s Column Professionalism Demands... The Honorable Frederick J. Lauten

Feature Wrapping it Up: Online Contracts Adam Losey, Esq. Carter McMillan, Esq.

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30

Board of Governors’ Report Report from the Board of Governors: July 27, 2018 Wayne L. Helsby, Esq. Julia L. Frey, Esq. Thomas P. Wert, Esq.

12

Business Law Committee Business Court: The End of an Era or an Opportunity for Reinvention? Patricia R. McConnell, Esq. Robyn M. Kramer, Esq.

14

Legal Aid Society News Legal Aid Society Joins Community Partners to Provide Services in Multiple Neighborhoods Larri T. Thatcher, Esq. Donna A. Hayes

SideBar Alena V. Baker, FRP

31 Paralegal Post Historic Event for Paralegals at the 2018 Florida Bar Convention Misty M. McGlothern, FRP

36

New Members

37

Announcements

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Classifieds Calendar

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

w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Marketing & Sponsorship Manager Joan Giovanni

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DEADLINE INFORMATION

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w OFFICERS Richard S. Dellinger, Esq., President Anthony F. Sos, Esq., President-elect LaShawnda K. Jackson, Esq., Treasurer Eric C. Reed, Esq., Secretary w EXECUTIVE COUNCIL Euribiades Cerrud, II, Esq. Amber N. Davis, Esq. William A. Davis, Jr., Esq. Thomas B. Feiter, Esq. Kate T. Hollis, Esq. Eric B. Jontz, Esq. Kristopher J. Kest, Esq. Karen L. Persis, Esq. Gary S. Salzman, Esq. Jessica A. Travis, Esq. William D. Umansky, Esq. M. Ryan Williams, Esq. Elizabeth F. McCausland, Esq., Ex-officio Jill D. Simon, Esq., YLS President

www.orangecountybar.org

880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 www.orangecountybar.org Legal Aid Society Citizen Dispute Family Law Mediation Lawyer Referral Service Orange County Foreclosure Mediation Young Lawyers Section

407-841-8310 407-423-5732 407-423-5732 407-422-4537 407-515-4330 407-422-4551

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President’sMessage

October 2018 Y

Richard S. Dellinger, Esq.

Fulfill the Need for Additional Judges and Fully Fund our Judicial Branch

ear after year, our court goes underfunded. Yet, many of us sit silent. Our clients seek our help in court, and their cases move slowly to resolution. Yet we accept the delay. We try to get hearings, and we are told to get in line because there is a three- to four-month backlog. Yet we accept the delay. When we arrive at court for the hearing, we wait in the halls with all of the others who had to be scheduled at the same time. Yet we accept the delay. We try to schedule our cases for trial, and we are told that trials are not being set for months and even years. Yet we accept the delay. We do not have to accept the delays. These problems could be resolved if our judicial branch was fully funded from Tallahassee. Fully funding the judiciary would ensure that there are adequate judicial resources to cover our need. With more judges, the judicial caseloads would decline and judges would be more available for hearings, for trials, and to resolve motions. Every year, our courts are asked to do more with less. While the courts try to limit the impact on our cases, there are impacts. The caseloads of our individual judges go up, and the demands on their time go up as well. Hearings and trials are pushed further and further back. And, we end up waiting while our clients’ cases are delayed. These delays are a direct result of a lack of funding for the judicial branch. A lack of adequate funding not only impacts the timely resolution of our cases, it also impacts the court experience and the product we see. We all have experienced working in a courtroom or a hearing room that is too small because the courtrooms are fully occupied. Many times, we get in the courtroom and the technology must be rolled in on a “technology cart,” if a cart is available. There are times when trial clerks and judicial assistants are not available because the court is understaffed. While many of us have individuals in our office who help with research and writing, the judicial law clerks in our courthouse are overwhelmed and unable to meet the demand. So, a well-researched decision is delayed or the court simply chooses to make an oral pronouncement while asking us to write up the proposed Order. The lack of funding delays our resolutions, wastes our time, wastes our clients’ money, and impacts the product we receive in our cases. And this year,

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the lack of funding caused us to lose a model subdivision of our court – the Business Court. The Ninth Judicial Circuit Business Court was created in 2003 and served as a model for the Thirteenth, Eleventh, and Seventh Judicial Circuits’ Business Courts. Our Business Court division operated on a reduced caseload with judges who have specialized knowledge and training for complex business cases. Cases were actively managed and shepherded to a timely resolution by dedicated court staff. The Business Court was a cherished resource for our lawyers and businesses. Under Article V Section 9 of the Florida Constitution, the Florida Supreme Court is required to certify when there is a need for additional judges based on “uniform criteria for the determination of the need for additional judges.” On November 22, 2017, the Court certified the need for two additional circuit court judges here in the Ninth Circuit. This determination was based on a quantitative and qualitative assessment of the trial court and appellate court and the trial court judicial resources. Despite this certification, the Ninth Circuit was not adequately funded during the 2018 legislative session. As a result, the two new positions certified by the Court were never filled and our judges’ workload remained at capacity. Our Family Court, Probate Court, and Circuit Civil judges are overwhelmed. This has caused children, families, the elderly, and the injured to wait extended periods of time to resolve their legal matters, many of which require immediate action. In November 2017, Chief Judge Fredrick Lauten closed one of the Business Court divisions and moved Judge Don Myers to the Family Court division. Beginning in June 2018, cases in Judge Julie O’Kane’s division began to be transitioned in preparation for deactivation of the second Business Court division. The Business Court was formally deactivated on July 2, 2018. As a result, our Business Court division closed, and all cases previously pending in the division lost their trial dates. The loss of the Business Court directly impacted our local businesses, lawyers who regularly practice in the Business Court, and parties who may have designated the Ninth Judicial Circuit Business Court division as their venue in forum selection clauses. While most of our clients go to court only a few times, we lawyers spend our careers in court. We

www.orangecountybar.org

continued page 27

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ProfessionalismCommittee

P Amy J. Carter, Esq.

Professionalism Demands Courtesy

rofessionalism Demands Courtesy. This phrase can be found in every courtroom in the Ninth Circuit. It has been a long-standing tradition of the OCBA Professionalism Committee to gift a plaque displaying this phrase to all new judges upon their investiture. This simple phrase is a core value of our local bar and serves as a reminder to every person who enters the courtroom that this is what is not only required, but expected. It is the adherence to this value by the members of our legal community that has always made it my pleasure and privilege to practice in Orange County. This month, as we pay special recognition to the judiciary, we decided to ask the judges what “Professionalism Demands Courtesy” means to them and how it is displayed in their courtrooms. Here are their remarks: Professionalism means many things – one of its most important attributes includes the ability to disagree with an adversary without becoming disagreeable. For some that skill comes naturally; for others it is a learned trait. But for all who practice law and for those who observe lawyers and judges engaged in the practice of law, it is imperative that we model the behavior embodied in the phrase, “Professionalism Demands Courtesy.” That behavior is critically important if we are to maintain a society and a profession that believes in the orderly and lawful resolution of disputes. Chief Judge Frederick J. Lauten –––––––––––––––––––––––––––––– Professionalism does not “ask for’”or “expect’”courtesy; it “demands” it. It is an imperative – a mandate – and we have to comply with that mandate in the easiest circumstances in which to do so, as well as the most challenging ones. The Hon. Chad K. Alvaro –––––––––––––––––––––––––––––– In my courtroom I remind every litigant that professionalism is not only requested but is required – both from the attorneys and the court. They are advised that I will address unprofessional conduct at the bench immediately – even in the midst of trial. They are also reminded that they should bring any perceived unprofessional conduct by the court to the court’s attention immediately, so it can be addressed and, if neces-

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sary, rectified. Counsel are assured, on the record, that comments by counsel to the court about the court’s departure from expected professionalism standards, will not be held against them. The Hon. John Marshall Kest –––––––––––––––––––––––––––––– In my 12 years on the bench, I have never forgotten that professionalism demanding courtesy applies to all parties, including me. When any one of us has had a bad day or been caught off guard, it is incumbent on each of us to right the ship… I look at my OCBA bench sign every single day with appreciation. The Hon. Bob LeBlanc –––––––––––––––––––––––––––––– I expect attorneys to show respect and courtesy to their fellow attorneys and to the Court. I also expect and demand candor to the Court. There have been more incidences of lack of candor lately. It is unprofessional and needs to be corrected. The Hon. Marc L. Lubet –––––––––––––––––––––––––––––– “Professionalism Demands Courtesy” – The plaque has provided a visual cue to speak with litigants about what to expect in court and from the attorneys. Litigants can expect to be treated courteously by me and by the attorneys and can expect that the attorneys will treat each other courteously. In doing so, the attorney is not a less-than-zealous advocate. The attorney who is ethically representing the client knows that professionalism requires them to be prepared and offer a compelling legal argument and not to be belligerent or condescending. I would routinely tell litigants that I assumed that an attorney who was belligerent or loud in court was doing so to make up for the lack of a good legal argument. The attorneys who appeared before me seemed to appreciate the court having this conversation with their clients. The Hon. Lisa T. Munyon –––––––––––––––––––––––––––––– As attorneys, professionals, and fellow members of the bar, the lawyer across the table from you is not your opponent. She/he is your colleague. Treat that person with respect and honor. Professionalism demands courtesy! The Hon. Donald A. Myers, Jr. continued page 32

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OCBA LuncheonThursday, October 25, 2018

M Michelle R. Suskauer, Esq.

Michelle R. Suskauer, Esq. President, The Florida Bar

ichelle R. Suskauer, Esq., is the 2018-2019 president of The Florida Bar. She is the sixth woman to serve as Bar president and is the first former public defender to hold the office. Suskauer is a partner with Dimond Kaplan & Rothstein, P.A., in West Palm Beach, where she heads the criminal defense practice. She practices in state and federal courts. She has been a member of The Florida Bar’s Board of Governors since 2010 and has chaired the Board Disciplinary Review Committee, the Board Communications Committee, and the Annual Convention Committee. She has served as president of the Palm Beach County Bar Association and the Florida Association for Women Lawyers-Palm Beach County Chapter, and she is currently president of the Board of Directors of the Legal Aid Society of Palm Beach County.

Suskauer earned a B.S. from Boston University in 1988 and her J.D. from American University in 1991. She began her legal career at the Office of the 15th Circuit Public Defender in West Palm Beach. In 1997, she joined her husband, Scott Suskauer, Esq., at Suskauer Law Firm, P.A. Suskauer is a nationally recognized legal analyst. She has been recognized with numerous awards, including the Daily Business Review 2017 Top 10 Women in Law, the Serving Justice Award from the Legal Aid Society of Palm Beach County, and 2017 Woman of the Year from the South Palm Beach County Women Lawyers Association.

Embassy Suites Downtown Orlando 11:30 a.m. – 1:00 p.m. 191 E. Pine St., Orlando, FL 32801 Co-hosted by the Central Florida Association for Women Lawyers Please RSVP by Monday, October 22, 2018 Title Sponsor:

RSVPs will not be accepted after October 22, 2018 RSVP through the OCBA Store at orangecountybar.org/store CANCELLATIONS must be received no later than October 22, 2018 To cancel, contact Ashley Norris at ashleyn@ocbanet.org Title Sponsor: Orange Legal

Supporting Sponsors:

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From theEditor

I Kate T. Hollis, Esq.

Our Courts

n this issue of The Briefs, you will read about the impact the closure of our Business Court has had on judges, attorneys, clients, and the Ninth Judicial Circuit itself. The burdens placed on our divisions and courts are significant, but I hope that our collective advocacy will shake loose the funds that our circuit needs to rebuild, move forward, and provide timely access to the judicial process to all of those who come before the court. The focus on the Business Court closure in this issue is not meant in any way to slight the other divisions. We are grateful for the dedicated contribution of all of the judges, judicial assistants, and court personnel who work in every division and court in the Ninth Circuit. Chief Judge Lauten made the very difficult decision to close the Business Court because of the lack of funding for the judiciary as a whole and the need for additional judicial resources in other divisions. Our August issue focused on the importance of access to justice. The reorganization of the courts, result-

ing in the closure of the Business Court, was done in part to provide that access to individuals and families that most need it. The lack of funding for our judiciary impacts all of our divisions and those who appear in those divisions. Our Ninth Judicial Circuit judges and Orange County judges continue to do more with less and we are proud of their commitment to service. As is evident by the comments and contributions in this issue, there is a great need for appropriate judicial funding to enable the Ninth Circuit Courts to continue to provide access to justice for all. Kate T. Hollis, Esq., is an associate at Garganese, Weiss, D’Agresta & Salzman, P.A. She is editor of The Briefs and a member of the OCBA Executive Council. She has been a member of the OCBA since 2011.

Clerk’sCorner

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

“Clerks Against Domestic Violence” Working to Make a Difference

ne of my passions has always been to give back to our community to make a difference in the lives of the people I serve. That’s why I am excited to share with you that the month of October is dedicated, in my office, to fighting back against domestic violence. This year, in an extra effort to raise awareness of domestic violence prevention and resources for victims, the Clerk’s Office will hold a special workshop called “Clerks Against Domestic Violence.” We plan to partner with law enforcement, Harbor House, and the Mental Health Association to present important information about domestic violence, such as how to file a restraining order and where to turn to for help. We will also host a self-defense class. Details are available on our website. Throughout the year, the Orange County Clerk of Courts works with the judiciary, law enforcement, and fellow justice partners as an advocate for putting an end to the violence. Our Family

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Services Injunction team helps those affected by domestic, sexual, dating, and stalking violence obtain restraining orders for protection. As part of our outreach efforts, we recently partnered with Harbor House on its “It Takes Courage” event in which deputy clerks visited homes across Orlando to place door hangers with information about the resources available 24 hours a day for victims of domestic abuse. This year we also have used our United Way campaign to raise awareness of domestic violence by encouraging donors to give directly to organizations like Harbor House. I am proud of everything our employees and partners are doing to make a difference and serve our community. I encourage you to go to our website at www.myorangeclerk.com for all the details about our efforts in recognition of Domestic Violence Awareness Month. Tiffany Moore Russell, Esq., Orange County Clerk of Court, has been a member of the OCBA since 2004.

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Chief’sColumn

Professionalism Demands…

I

n my hearing room sits a plaque that reads, “Professionalism Demands Courtesy.” Presented as a gift to all judges serving at the Ninth Circuit, it is a daily reminder of what it takes to foster an atmosphere of professionalism in our chambers and in our courtrooms. While professionalism does demand courtesy, in reality it demands much more than that. It demands a honed set of professional skills. It demands punctuality. It demands respect for those with whom you deal The Honorable Frederick J. Lauten on a daily basis and more. When I try to define professionalism, I am reminded of the old saying Chief Judge “it is hard to define, but I know it when I see it.” Ninth Judicial Circuit Court In 1978, there were only four law schools in Florida. Today, there are 12. The Orange County Bar Association was a fraction of its size today at around 450 members. I have often heard from senior members of the bar that years ago professionalism was little discussed but highly honored. Back then, you would have known the majority of the lawyers in your field. You would have known of one another’s work or worked together on cases. You would have traveled in the same professional circles, building relationships at conferences, board meetings, and bar assemblies. And that familiarity would have gone a long way in helping you uphold your professionalism. Now contrast that against the 3,424 lawyers who comprise the Orange County Bar today. At this size, the profession is shrouded in anonymity. One of our senior lawyers remarked that it was harder to be discourteous or rude to an adversary whom you knew personally, someone with whom you would likely litigate against in your next case or the case after. When the bar had a smaller membership, it was actively self-policing, calling out and addressing members who stepped outside of the lines of professional behavior. With the

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sheer number of lawyers serving their communities today, it is virtually impossible to build the same level of intimacy and accountability found forty years ago. We live in a time when insolent and outlandish behavior is lauded – tweeted, shared, liked – while the media deconstructs and reconstructs every transgression in a bid to grab the highest ratings. Crude and disrespectful discourse is praised while professionalism is summarily dismissed as boring at best and unimportant at worst. We are curt in emails, volatile in Facebook exchanges, and dismissive in conversations. And while it is impossible to go back to the days when we all knew one another – when there were only 450 members of the bar and only four law schools in the state – that doesn’t mean we can’t honor our professionalism, that we can’t slow down and take a breath before we respond to real or perceived slights or pause for a moment before responding to a text or email, that we can’t work to be professional. While we certainly can’t expect perfection – nor should we – what we can expect is a shared acknowledgement that we owe it to each other, to everyone in the courtroom, and to everyone in our community to bring our best selves. We share a responsibility to model professionalism in all our interactions. When we live up to this commitment, what we will find is that we can indeed return to the days when professionalism was highly honored. The Honorable Frederick Lauten is the Chief Judge of the Ninth Judicial Circuit Court. He has been a member of the OCBA since 1993.

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Board of Governors’Report

T Wayne L. Helsby, Esq.

Julia L. Frey, Esq.

Thomas P.  Wert, Esq.

Report from The Florida Bar Board of Governors: July 27, 2018

he Florida Bar Board of Governors met on July 27, 2018, in Hollywood, Florida. The major actions of the board and reports received included: The Florida Bar has launched a new resource to assist Florida lawyers in the business of law called LegalFuel: The Practice Resource Center of The Florida Bar. LegalFuel provides critical business tools and support for all attorneys, especially smallfirm and solo practitioners. The site offers law office management and technology support for Bar members and a variety of free CLEs, and assists lawyers in running the business side of their law firms. LegalFuel also features an enhanced search that can quickly find articles on specific topics such as marketing or accounting, as well as provide a curated library of free webinars, podcasts, and more. In addition, LegalFuel advisers are available via live chat to provide quick answers. Lawyers can connect and share information via the discussion boards, and advisers can assist by phone or email on practice management or technology issues. The Florida Bar Board of Governors agreed unanimously with one abstention on July 27 to support the position that a parental leave continuance rule be added to the Florida Rules of Judicial Administration by the Florida Supreme Court. The board’s input – which was requested by the Supreme Court – along with the majority and minority positions of the Bar’s Rules of Judicial Administration Committee, will be submitted to the Florida Supreme Court by August 31. The Supreme Court then could choose to consider a proposed rule on its own and, if it decides to, will publish the rule for comments and may schedule oral argument. Florida Bar members who would like to provide concerns or describe any relevant experiences, may email those to Krys Godwin at kgodwin@floridabar.org by August 15. For additional information and background on the consideration of a parental leave rule, please see The Florida Bar News. Three new Florida Bar member benefits programs were approved and will soon be available: Law Office Support Service, Inc., which offers virtual paralegal and legal assistants for attorneys and small law firms for a monthly subscription fee; Tali, a voice-activated time tracking system for devices using Google Assistant or Amazon Alexa programs; and Digital Age Marketing Group, which helps lawyers with their online marketing, including website development, search engine op-

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timization, social media management, video creation, and building links to other online services. When the agreements have been finalized, these new programs will be listed with the more than 60 other discounted and free Florida Bar member benefits at www.floridabar.org/memberbenefits. Florida Bar Foundation President Juliet Lippman and incoming executive director Dominick McKenzie discussed the Foundation’s recent strategic reset, which became necessary after the recession and resulting low interest rates devastated its IOTA income. The three goals of the reset are to: collaborate with other parties in providing legal aid, including local legal aid agencies, the business community, the Bar, clerks of courts, and others; act as a monitor of the health of the state’s legal aid assistance programs; and be an agent of change as the legal community and marketplace undergo rapid transformations. The Bar’s proposed new trust accounting program will begin a pilot late summer/early fall with about 20 firms eventually participating in the six-month pilot program, split among solo practitioners, and small, medium, and large firms. After the pilot is completed, a report on the pilot program will be considered by the Board of Governors for final action. All Bar, section, and committee legislative positions from the 2016-18 biennium were sunset in accordance with Bar policy. In addition, rollover legislative positions for many Bar sections and divisions, committees, and the Board of Legal Specialization and Education were approved, or agreed not to oppose: see www.floridabar.org/ legislativeactivity for those positions. The Board of Governors Legislation Committee will make recommendations on renewing expired Bar positions at upcoming board meetings. The Board Review Committee on Professional Ethics has directed Bar staff to draft a proposed ethics advisory opinion on ways that lawyer referral services/qualifying providers can charge for their services. The committee published an official notice of intent to consider drafting a proposed advisory opinion after receiving an inquiry from a bar member about a participating in a lawyer referral service that charges a flat fee per referral that varies according to the type of matter. Traditionally, lawyer referral services have charged a flat charge to lawyers for participation during a specified time period, such as a flat rate per month or year.

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The deadline for comments was extended to August 31 regarding possibly amending Rule 4-7.13 to prohibit attorneys from stating or implying another lawyer is affiliated with the advertising lawyer when that is not true and from misleading a consumer to contact the advertising law firm when the consumer is searching for another particular lawyer. The proposal is in response to a bar member request for a prohibition against buying the names of other lawyers or law firms in Google AdWords that would trigger the appearance of the attorneys’ online ads when users search for those other lawyers or law firms. A recommendation to split the Florida Registered Paralegal Committee into two separate committees, one that will deal with eligibility and compliance issues and another to work to create an awareness of the program and its benefits was approved. The new Florida Registered Paralegal Enrichment Committee’s mission will be in accordance with RRTFB Chapter 20 to enhance communication about the benefits of FRP membership, develop educational programming, and create networking and social events to foster camaraderie and cohesiveness of Florida Registered Paralegals and other paralegals/legal assistants. Important Links & Reminders: An important video message from Florida Bar President Michelle Suskauer to all members highlights the new LegalFuel.com and details the Bar’s goals for 2018-19. Watch now. [https://www.youtube. com/watch?v=Vo00AZ18yPg&feature=youtu. be.] Ninth Circuit Board of Governors: Wayne L. Helsby, Esq., Allen, Norton & Blue, P.A. – Executive Committee; Legislation Committee; Chair: Program Evaluation Committee; Strategic Planning Committee. Contact: helsby@anblaw.com, or 407-571-2152. Julia L. Frey, Esq., Lowndes, Drosdick, Doster, Kantor & Reed, P.A. – Budget Committee; Communications Committee; Program Evaluation Committee. Contact: julia.frey@lowndes-law. com, or 407-843-4600. Thomas P. Wert, Esq., Dean Mead – Certification Plan Appeals Committee; Disciplinary Review Committee; Investment Committee. Contact: twert@deanmead.com, or 407-841-1200. They have been members of the OCBA since 1986, 1993, and 1993, respectively.

PhotoOp Chief Justice Award for Judicial Excellence

Photo: Rose Patterson

The Honorable Alice L. Blackwell and Florida Supreme Court Justice Jorge Labarga

Ninth Judicial Circuit Judge Alice L. Blackwell, a champion of domestic violence prevention and protections and tireless advocate for judicial accountability, is the 2018 recipient of the Chief Justice Award for Judicial Excellence. Justice Jorge Labarga, who completed his term as chief justice in June, presented the award to Judge Blackwell in Naples during a ceremony at the Conference of Circuit Court Judges of Florida. The Chief Justice Awards for Judicial Excellence, established in 2014, recognize one county court judge and one circuit judge who demonstrate exceptional commitment to the judicial branch and who personify judicial excellence. (The Florida Bar News)

Professionalism Award Nominations Sought 2019 Awards

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)

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These awards are the most prestigious awards presented by the OCBA each year. Recipients must be individuals whose conduct and career stand 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 and at the OCBA office. Nominating petitions are due in the OCBA office by 5:00 p.m., Wednesday, October 31, 2018. If you have any questions, please contact Kim Homer, Esq., Executive Director, at 407-422-4551.

www.orangecountybar.org

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Business LawCommittee Business Court: The End of an Era or an Opportunity for Reinvention?

T Patricia R. McConnell, Esq.

Robyn M. Kramer, Esq.

he Ninth Judicial Circuit’s Business Court was the first of its kind in Florida and became part of a pioneering wave of business courts across the country.1 It opened in 2003 as a forum for complex commercial cases.2 The Business Court’s procedures as well as its judges’ specialized knowledge and training quickly created a streamlined system unlike any other.3 In the first two years of Business Court’s opening, for example, 70% of the more than 1,200 complex commercial cases before Judge Renee Roche were closed.4 This success inspired the creation of business courts in Miami, Tampa, and Ft. Lauderdale.5

In the greater Orlando area, Business Court became an important economic development tool.6 Businesses saw the benefit of greater certainty, consistency, and efficiency in the resolution of their complex legal disputes. Business Court’s unique procedural framework moved cases with unprecedented speed and predictability. Its judges, who already had backgrounds in commercial law, sat on the bench for two years longer than judges in other divisions, giving them sufficient time to build on their backgrounds, develop expertise, and provide litigants with sound rulings. It was not uncommon for Business Court judges to preside over cases from start to finish, which in turn ensured consistency for litigants and minimized delays in rulings. This sophisticated legal environment brought and kept businesses in the greater Orlando area and thus benefitted our community as a whole. The recent closure of Business Court is an alarming symptom of an issue that demands our immediate attention – judicial funding. Though Florida has seen a large influx of new residents and businesses, funding for the judiciary has stalled. Orange County in particular has grown rapidly in recent years. In 2000, its population hovered around 900,000.7 By 2020, its population will surpass 1.5 million.8 Orlando was named the #1 city in the U.S. for job growth in 2015 and 2016,9 and Florida as a whole recently ranked third in the country for small business growth.10 The strain this growth has on our judiciary is palpable. For the past twelve years, the Ninth Circuit qualified for new judgeships under the Florida Supreme Court’s objective Weighted Caseload System metrics.11 Yet despite the Supreme Court’s certification of need, the legislature has not funded any new judgeships since 2006, forcing Chief Judge Lauten to reallocate judicial resources and close Business Court.12

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www.orangecountybar.org

So where does that leave us? Our six circuit civil judges are inundated with hundreds of complex commercial cases normally assigned to Business Court. Trial dates are cancelled, hearing time for the rest of 2018 has disappeared, and resolutions have been delayed or disrupted. The judges, who already faced insufficient staffing and budget reductions, must increasingly perform administrative duties, such as handling exhibits, filing documents, and performing case management. All of these duties leave judges with less time to spend in the courtroom. With already overloaded dockets, plus the influx of pending complex commercial cases, our judges shoulder substantially more than a full-time workload and could face judicial burnout. If nothing changes, then we can expect these delays and inefficiencies to intensify. At a recent OCBA Business Law Committee panel, Chief Judge Frederick J. Lauten, Judge Donald A. Myers, Jr., Senator Linda Stewart, and Senator David Simmons candidly discussed the Business Court’s closure and judicial funding problem. The judges shared some of their experiences with the delays and their concerns about the future. Chief Judge Lauten described how the shortage of hearing time for a pending eminent domain case involving the I-4 Ultimate Improvement Project could cause delays that result in millions of dollars in losses to the state and its taxpayers. Judge Myers described a company combatting intellectual property theft that needed immediate judicial intervention, but could not secure a timely hearing. The harm from Business Court’s closure is not limited to commercial litigators. The judges predict that a ripple effect will disrupt all legal practitioners, including those with personal injury, employment, and insurance cases. What is even more serious is the lasting harm that closures and underfunding have on our community’s faith in the judiciary and its access to justice. This leads us to our call to arms. The closure of Business Court does not need to be the end of an era. It can be an opportunity for reinvention. During the panel, Senator Simmons proposed – and Senator Stewart said she would support – the creation of a specially funded business court pilot program in Orlando that could service a geographic area much larger than the Ninth Judicial Circuit. Accordingly, the Business Law Committee is forming a task force dedicated to pursuing – and ultimately securing – this pilot program or another funding opportunity for Business Court.

theBriefs October 2018  Vol. 86 No. 8

Both senators agreed that it is of vital importance to raise Tallahassee’s awareness of these issues. The Business Law Committee’s task force will work in conjunction with the Orange County Bar Association and the Florida Bar’s Business Court Task Force to present these issues to our legislators. We need to explain what the closure means to their constituents and our legal and business communities. We need to show our legislators the unavoidable consequences that years of underfunding has caused and ask for their help in securing a workable funding solution. We implore you to visit your representatives and explain how Business Court’s closure affects your practice, your clients, and your cases. Better yet, take your clients with you and ask them to explain how the lack of funding impacts their businesses. Senator Simmons aptly summarized the urgency of our need to take action with a Chinese proverb: The best time to plant a tree was 20 years ago. The second-best time is now. Patricia R. McConnell, Esq., is a commercial and civil litigator at Latham, Shuker, Eden & Beaudine, LLP. She is chair of the Business Law Committee and a member of The Florida Bar’s Business Courts Task Force. She has been a member of the OCBA since 2017.

Robyn M. Kramer, Esq., King, Blackwell, Zehnder & Wermuth, P.A., represents businesses involved in commercial litigation and attorneys sued for malpractice. She is currently an associate editor for The Briefs and a member of the Business Law Committee’s Executive Committee. She has been a member of the OCBA since 2015. Jens Damman, Business Courts and Firm Performance, Table 1 (Sept. 17, 2017). U of Texas Law, Law and Econ Research Paper No. 564; U of Texas Law, Public Law Research Paper No. 660. Available at, httpw://ssrn. com/abstract=2889898 or http://dx.doi.org/10.2139/ ssrn.2889898. 2 Admin. Order No. 2018-08 (Fla. 9th Cir. May 1, 2018). 3 One of the hallmarks of Business Court’s streamlined approach was that upon filing, a case went immediately to a judge for review. Rather than waiting for the litigants to pursue their own cases, the Business Court judges scheduled a case management conference within 120 days, set deadlines for the preparation of extensive pre-conference litigation reports, and then required all lawyers and clients to attend the conference. 4 Cynthia Barnett, This Court Means Business, Florida Trend, FLORIDA TREND (May 1, 2006), https:// www.floridatrend.com/article/11042/this-court-meansbusiness. 5 Id. 6 Though difficult to measure with precise statistics, anecdotal evidence and economic indicators demonstrate that business courts have a profound impact on the economy. Anne Tucker, Making a Case for Business Courts: A Survey of and Proposed Framework to Evaluate Business Courts, 24 GA. ST. U. L. REV. 477, 491-93 (2012); Damman, supra note 1. 1

Orlando MSA Statistics, Orlando Economic Partnership (March 1, 2018), https://www.orlandoedc.com/ Orlando/media/Orlando/Why-Orlando/about-theregion/OrlandoMSA_DataSheet.pdf?ext=.pdf. 8 Population Study, Orange County Planning Division Research and Economic Development Section, Population Projections 2005-2030, http://www.orangecountyfl.net/Portals/0/resource%20library/planning%20-%20 development/Population%20Study.pdf. 9 US Department of Labor, Bureau Labor Statistics. 10 Paychex IHS Markit Small Business Employment Watch. 11 Factors considered include forecasted case filings, the number of jury trials, the extent of use of alternative dispute resolution, and the availability and use of caserelated support staff and case management policies and practices. Fla. R. Jud. Admin. 2.240. 12 Admin. Order No. 2018-08 (Fla. 9th Cir. May 1, 2018). Pursuant to Article V, Section 9 of the Florida Constitution, the judiciary is dependent on the legislature for the creation of new judgeships: “If the supreme court finds that a need exists for increasing or decreasing the number of judges or increasing, decreasing or redefining appellate districts and judicial circuits, it shall, prior to the next regular session of the legislature, certify to the legislature its findings and recommendations concerning such need. Upon receipt of such certificate, the legislature, at the next regular session, shall consider the findings and recommendations and may reject the recommendations or by law implement the recommendations in whole or in part….” The Florida Supreme Court’s most recent certificate of need requested two new circuit judges, both of whom were allocated to the Ninth Judicial Circuit. In re Certification of Need for Additional Judges, 230 So.3d 1164 (Fla. 2017). 7

Business Law Committee Members Say… Complex Business Litigation Court was like a state version of federal court. I once had a bench trial on a non-compete matter where each of the pro se defendant’s arguments was addressed thoroughly and fairly before the injunction issued. I favor more funding to reinstate this division. David P. Hathaway, Esq. Dean Mead –––––––––––––––––––––––––––––– I represent mainly small businesses in Central Florida. While I understand the need is great in family law, I can’t say I agree. My clients feed not only their families but are responsible for feeding their employees’ families. Not having reasonable access to court could put them out of business. Heather M. Meglino, Esq. Meglino Law, LLC –––––––––––––––––––––––––––––– Please keep in mind use of special magistrates is available to parties coming from business court by consent and can timely assist burdened trial judges in the disposition of cases. Carefully drafted orders of referral under Rule 1.490 which anticipate the scope of issues to be decided, such as discovery theBriefs October 2018 Vol. 86 No. 8

disputes, can do much to make the utilization of special magistrates effective and cost-efficient. Lawrence H. Kolin, Esq. Upchurch Watson White & Max –––––––––––––––––––––––––––––– My business clients are very disappointed with the closure of the Business Court and the corresponding lag time associated with obtaining hearing time in the Circuit Civil Court. That said, I personally do not believe the Florida Legislature is focused on this issue or believes this is a priority. This needs to change. Thomas P. Wert, Esq. Dean Mead –––––––––––––––––––––––––––––– The Business Court provided commercial litigators with a venue that moved quickly and allowed clients an opportunity to resolve sophisticated business issues more efficiently than was previously possible in this Circuit. Its closure is a loss to the entire community. Peter C. Vilmos, Esq. Burr & Forman LLP

www.orangecountybar.org

The closure of the Business Court has had a negative impact on our corporate clients, who previously enjoyed both the experienced knowledge of the bench in handling complex business transactions as well as the greater predictability with scheduling due to the set case management deadlines and procedures. Christina Y. Taylor, Esq. Latham, Shuker, Eden & Beaudine, LLP –––––––––––––––––––––––––––––– … The order closing the Business Court cancelled all hearings that had been set and scrubbed the superbly structured schedule of the case, a procedural agenda that was one of the hallmarks of the Business Court… We must remember that this system was created in addition to the Circuit Court out of necessity and is not a luxury. We just took a major step back in dispute resolution by adjudication… Euribiades Cerrud II, Esq. CPLS, P.A.

PAGE 13

Legal Aid SocietyNews

E Larri T. Thatcher, Esq.

Donna A. Haynes

Nicole Williams; Judy Kuhns, Legal Aid Society Intake & Community Education Assistant; Karen Consalo

Legal Aid Society Joins Community Partners to Provide Services in Multiple Neighborhoods

arlier this year, the Legal Aid Society of the Orange County Bar Association, Inc. (“LASOCBA”) was contacted by one of our pro bono attorneys, Beatrice Wells-Brown, Esq. Beatrice has been involved in “He Got Up,” a community volunteer outreach activity presented by the Orlando Serve Foundation since 2016. “He Got Up” is a day of celebration and service for the homeless, families, and individuals in need. It began as a one-day event on Easter Sunday, but because of the program’s popularity, the event is now held several times a year in Orange and Osceola counties. These smaller events allow for a greater focus on providing legal services. In 2018, assistance was available at each event for driver’s license and court cost issues, and sealing/expunction of records. Services provided by others included haircuts, clothing, food, drinks, local resource information, and family activities. Government leaders, agencies, nonprofit organizations, businesses, faith-based organizations, and community volunteers all worked together to provide cohesive assistance. When Beatrice asked us to participate, we knew it would be a great extension of the services we provide. We committed to being at all planned events in Orange County. Pro bono lawyers, law students, and community volunteers joined our staff to help local residents, and we have helped several hundred residents at each event since January. On February 10, we served 222 Orange County residents at the Maxey Center in Winter Garden, and 288 residents at the second event, which was held at the Callahan Community Center. Rosemont Community Center was the site of the third outreach event, where we assisted 347 residents. At Englewood Community Center on April 21, we addressed the legal needs of 302 residents. An endeavor to serve so many individuals could not be successful without many other partners. Some of our partners included Rodney Williams and the City of Orlando Parks and Recreation Department; Chief Judge Frederick Lauten of the Ninth Judicial Circuit; Orange County Clerk of Court Tiffany Moore Russell, Esq.; Osceola

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www.orangecountybar.org

County Clerk of Court Armando Ramirez; and the Ninth Judicial Circuit State Attorney’s Office and Public Defender’s Office. In total, LASOCBA took 197 applications for sealing and expunction of a record, and all 197 individuals received legal assistance. If the record was not eligible to be sealed or expunged, the person received legal advice. If the record was eligible, the person was assigned a pro bono attorney. Since having even a minor record can be a huge barrier to gaining employment or better employment, being able to provide this service is important. A recent news article reported that the unemployment rate for those with a record is estimated to be 27 percent. That is considered to be higher than the unemployment rate during the Great Depression. The article also discussed that this may be a result of employers assuming that all records are for serious felony convictions and not taking the time to investigate each potential employee on a case-by-case basis. Recently, we were asked to assist with expunging a record that occurred in 1979. This record was the only criminal record our client had and all charges had been dropped. However, the record had recently come up on a background screening, and our client was told that was the reason she was not hired. When we are able to seal or expunge a record for clients such as this, we are making a huge impact on their ability to work, which, coupled with their willingness to work, leads to positive outcomes for the entire community. Are you interested in making a positive impact for our clients? Care to earn pro bono hours while providing legal advice at a community event? Perhaps you would like to sign up to handle the eligible sealing/expunction cases? LASOCBA has many opportunities available. If you are interested, please contact Judy Kuhns at 407-841-8310. Together we can do amazing things! The 11th Annual Breakfast of Champions will be held on Thursday, November 8, 2018. If you are interested in serving as an event sponsor or table captain, please contact Donna Haynes directly at 407-515-1850. Spots are limited. Larri T. Thatcher, Esq., is the intake and community legal education coordinator at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 1995. Donna A. Haynes is the manager of development for the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2008.

theBriefs October 2018  Vol. 86 No. 8

Legal Aid SocietyTeaching Tips

Stop Contact Letters: To Use or Not to Use

I Jamos K. Mobley, Esq.

n working with low-income consumer debt clients, one of the most common requests I hear is, “Can you get them to stop calling me?” The answer is usually yes. The Fair Debt Collections Practices Act (“FDCPA”) gives a consumer the right to stop third-party debt collectors from contacting them regarding a debt. However, it does not stop an original creditor from continuing to contact the debtor, and some debts, such as business debts, are not covered. Since most debts are sold to third-party collectors, the stop contact letters can stop most collections calls and take some of the immediate stress off a debtor. Now for the real question – should you send these letters? In true law school fashion, the answer is, it depends. As with any course of action, there are consequences to consider. First, stop contact letters are often a great tool to use and can be very effective. Clients with pastdue debt are faced with constant debt collections calls and collection letters. The tenor of these calls and letters ranges from gentle reminders, to threats to take the client’s home, or seize and sell the client’s pets, or threats to call the sheriff to arrest and put the client in jail tomorrow if the debt isn’t paid today. I have heard all of these and worse, and they are most often used by third-party debt buyers and not the initial creditor. Collection tactics like these are violative of the FDCPA, and there are remedies for these violations that you may want to consider. But many clients do not want to pursue remedies under the FDCPA. What they really want is simply to avoid the calls and threats. A stop contact letter will usually do the trick. That’s the up side of sending a stop contact letter. Stop contact, however, does not mean the debt collector will stop collection activities. Now for the possible consequences. If a debt collector is not communicating with the debtor, the debtor has no information as to what the debt collector is doing. Ignorance is not bliss in this situation, since ignoring the debt will not make it go away. Many of my clients have sent stop contact letters on their own and later ended up with default judgments and a surprise wage garnishment. Since clients move from time to time, a debt collector may not have current contact information for a client, especially if a stop contact letter is in play. Usually, service is attempted at an old address and then accomplished by publication. So, even though the collections calls and letters may be stressful, if the debt collector is in

theBriefs October 2018 Vol. 86 No. 8

contact with the debtor, there is less chance the debtor will be caught by surprise with litigation or a garnishment. There are steps to take to deal with the garnishment and default judgment, but the problem went from a nagging one to an emergent one. Second, the stop contact letter may cause the debt collector to immediately file suit to enforce the debt. Cutting off the debt collector’s only way to collect outside of litigation could mean they are much more likely to choose to litigate. So, the client just went from the frying pan into the fire. Now the client has a lawsuit, or several, to deal with and possible wage or bank account garnishments as well. If your client is collections-proof and the judgment doesn’t otherwise harm him, by all means send the stop contact letters. However, if your client cannot claim an exemption to wage or bank account garnishment, then think very carefully before sending the stop contact letter as it could do more harm than good. As with any case, individual circumstances vary, and what is good for one client isn’t necessarily good for another. For example, if a client can keep good notes and document all of the calls from a debt collector, then maybe you will choose to pursue the issue of possible FDCPA violations against the debt collector. I have seen great results in negotiating a forgiveness of the underlying debt when a debt collector is presented with the possibility of a lawsuit alleging multiple FDCPA violations. It is worth mentioning, though, that many of the larger third-party debt collectors are beginning to fight back and are not as hesitant to litigate the FDCPA allegations as they once were. Because of theses consequences and more, it’s extremely important to evaluate each client’s situation and advise him or her of the possible consequences of sending stop contact letters. 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 407-515-1850. Jamos “Jay” Mobley, Esq., is a staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 2012.

www.orangecountybar.org

PAGE 15

Legal Aid SocietyWhat We Do...

I Jamos K. Mobley, Esq.

The Importance of Listening to a Client’s Story

have been managing the Legal Aid Society’s Veterans Advocacy, Legal Outreach & Representation (“VALOR”) Project for some years now. This project conducts several legal clinics per month at the new Lake Nona VA Hospital and at the Baldwin Park Outpatient Center, where we assist low-income veterans and their family members with civil legal needs. All of this is possible thanks to the amazing team of pro bono attorneys who volunteer their time to work this project. The project provides often immeasurable legal benefits to these veterans and their families. But it’s not always legal assistance that makes all the difference to a veteran. Recently, I was working at the clinic and had the pleasure of meeting an elderly veteran we’ll call Joe. Joe served in the Marines in Vietnam and, even though he now uses a cane to steady himself, he still has that military bearing about him. Joe sat down and we began to talk. I learned he was 84 years old and a widower. Both of his children had also passed. His youngest granddaughter comes to town to check on him as often as she can, but basically, he was alone. Joe was quick to point out that he was self-sufficient and managed well for most things. Joe told me he wasn’t sure his issue was a legal one but wanted to see whether we could help him. I told him we would certainly try. He dropped a neat stack of letters bound with a rubber band on the table and asked whether I could tell him what all these letters were about. He suspected the letters may be a scam, or advertisements, but wasn’t sure. He knew some were from mortgage companies. He assured me he was current on his mortgage. The letters were an assortment of refinance offers for his VA home loan, home equity line of credit offers, and various other credit offers. All of them looked very official, especially the refinance offers. I have gotten similar letters myself and think they border on deceptive advertising as they appear to be from your current lender. You need a magnifying glass to read the fine print that states it’s an advertisement. I quickly worked through the letters, explaining each one as I went. I also pointed out how Joe could spot these advertisements by himself in the

PAGE 16                        www.orangecountybar.org

future. He thanked me for looking through the letters. He had thought most of it was junk mail and it was a relief just to have that confirmed. He was especially concerned with making sure that nothing was wrong with his current mortgage. It was almost paid off, and he wanted to leave his house to the granddaughter who had taken such good care of him. I listened to him talk about the downside of outliving everyone in his immediate family and how it can be tough not having anyone nearby to turn to with things like these letters. I assured him that he could always drop by our clinic with questions and we would try to help him out. As Joe got up to leave, he shook my hand, thanked me again, and said it was good to know he could get help if he needs it. “It’s kind of like when I was on active duty and could count on my buddies to watch my back,” he said. “It’s nice to know that you guys are here if I need you.” Veterans like Joe come through the clinic fairly often. Sometimes the greatest service we can provide is listening to our client’s story. Quite often a client may not know he or she has a legal need until you listen to their story and point out how a legal service can help. Turns out Joe didn’t have a will or a designation of healthcare surrogate. He does now. After we discussed the importance of a will and healthcare surrogate, Joe felt a lot better knowing that his wishes would be carried out. I never would have thought to ask Joe about that if I had focused on the letters alone. Sometimes simply listening to someone’s story can make all the difference in the world to them. For more information about the VALOR project, 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 407-515-1850. Jamos “Jay” Mobley, Esq., is a staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 2012.

theBrief s October 2018  Vol. 86 No. 8

11th Annual

Breakfast of Champions To Benefit

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

Thursday, November 8, 2018

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 S Garland Avenue, Orlando, FL 32801 Reservations Required

Recruitment of Table Captains & Event Sponsors Duties of Table Captains: Invite and confirm 12 attendee donor guests explaining to them in advance that this is our fundraiser and they will be asked to make a donation.

Sponsorships Available Platinum - $10,000 Gold - $5,000 Silver - $2,500 Copper - $1,000 Bronze - $500

For sponsorship or to make donations, visit:

www.legalaidocba.org

Go to Donate, click on Breakfast of Champions and fill out 2018 Sponsorship information Legal Aid Society of the Orange County Bar Association, Inc.

FOR MORE INFORMATION CONTACT:

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

theBriefs October 2018 Vol. 86 No. 8

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theBriefs October 2018  Vol. 86 No. 8

2018 Report from the Ninth Judicial Circuit Court The Honorable Frederick J. Lauten August 23, 2018 Embassy Suites Downtown Orlando Title Sponsor: First GREEN Bank

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theBriefs October 2018 Vol. 86 No. 8

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theBrief s October 2018  Vol. 86 No. 8

OCBA Annual Trivia Contest August 22, 2018

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theBriefs October 2018 Vol. 86 No. 8

Nick Seidule, Esq., “Orlando Trivia Nick” www.orangecountybar.org

PAGE 23

PhotoOps

Young Lawyer Pro Bono Award Recipients

August YLS Luncheon In-House Counsel Panel YLS president Jill Simon, Esq. (left) and Brandon Sapp, Esq. (right) with Young Lawyer Pro Brono Award recipients: Annie Kwong, Esq., (top center) and Aboubakr Maaroufi, Esq. (bottom center).

YLS Paddle Boarding & Pool Party

Central Florida Family Law Inn of Court Annual New Member Meeting

The Hon. Heather Pinder Rodriguez, President; Michael Ferrin, Esq.; The Hon. Donald Myers, Jr.; The Hon. Alan Apte; Christina Vicari, Esq.; Michelle Bernard, Esq.; Lori Durham, Esq.; Nick Shannin, Esq.; Andrew Windle, Esq., President-elect; Tiffany Ruggiero, Esq.; Nancy Weber, Esq., Past President PAGE 24

www.orangecountybar.org

theBrief s October 2018  Vol. 86 No. 8

YLS on the move

O

n July 13, 2018, we had our monthly luncheon at the Citrus Club, which featured speaker Tara Tedrow, Esq., co-chair of the Cannabis and Controlled Substances Group at Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Tara gave an eye-opening and fascinating presentation: “Medical Marijuana: Clearing the Smoke on Florida’s Regulations.”

Heather M. Meglino, Esq.

On July 21, 2018, young lawyers soaked up the sun and participated in paddle boarding, kayaking, and a pool party at the Winter Park Racquet Club. Thank you to our event chair, Eli Mattern, Esq., for putting on a great event that got us moving! On July 25, 2018, young lawyers attended a great CLE: “Social Media Series Part 1: Attorney Conduct,” which was put on jointly with the OCBA Professionalism Committee. This was a discussion of the choices and consequences of the use and misuse of social media by attorneys. Speakers included Paul Lipton, Esq., of Rumberger, Kirk & Caldwell, and Keshara Davis Cowans, Esq., from The Florida Bar. Thank you for keeping us in line online! On July 26, 2018, we hosted our annual Young Lawyers and Law Clerks Reception at the Orange County Regional History Center. The turnout was quite impressive, and we appreciate everyone who sponsored this fabulous event. A special thank you to chairs Brian Lawrence, Esq., and Amber Williams, Esq., as well as their amazing committee members. On August 2, 2018, YLS and CFAWL hosted the Backpack Project Happy Hour at the Brass Tap. Thank you to our Backpack Project chairs, Hillary Jenkins, Esq., and Brittany Melendez, Esq., as well as their CFAWL counterpart, Amanda Sampaio, Esq., on an incredibly successful Backpack Project. With their committee, they planned a successful happy hour, raising more than

$4,000 for school supplies for Rock Lake Elementary School. A group visited A Gift for Teaching, where they assembled 100 backpacks. They also inventoried the school supplies that were collected, which totaled 3,866 items (special thank you to Kimberlee Martin, Esq., who had the job of recording our inventory)! The backpacks were delivered to Rock Lake Elementary School during the school’s Meet the Teacher event. On August 17, 2018, we had our monthly luncheon at the Citrus Club, which featured a fantastic in-house counsel panel. Speakers included: Amanda Perry Carl, Esq. (A. Duda & Sons, Inc.); Min Cho, Esq. (uBreakiFix); and Chelsie Flynn, Esq. (Lockheed Martin). The panel answered a number of questions and provided insight into life as an in-house attorney and advice on how to obtain an in-house position. Sounds like we all might be running to get an in-house gig! At this luncheon, we also recognized our Young Lawyer Pro Bono Recipients, Aboubakr Maaroufi, Esq., and Annie Kwong, Esq., for their service and dedication to pro bono service. Congratulations! Stay tuned for these upcoming YLS events: October 19 – YLS Luncheon. Noon-1:00 p.m. (check-in: 11:30-11:55). Citrus Club. Speaker & Topic: TBD October 18 – YLS Halloween Party for underprivileged children in the community. October 25 – YLS Halloween Party December 13 – YLS Holiday Party And don’t forget to find us on Facebook, Twitter, and Instagram: @ocbayls #ocbayls #wedomore. Heather M. Meglino, Esq., is the owner of Meglino Law, LLC, and has been a member of the OCBA since 2011.

July Luncheon Speaker Tara Tedrow, Esq. Young Lawyers & Law Clerks Reception

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Diversity & InclusionCommittee

L

Diversify Your Assets

ight is a mixture of individual colors each of which cannot be perceived by the human eye, but together, form a powerful force that illuminates the world. Like light, diverse people who may not otherwise have an impact alone can become transformative when they join forces.

Ahmad S. El-Gendi, Esq.

But lately “diversity” seems to be an annoying buzzword. Not only is it an amorphous concept to understand, diversity can also be uncomfortable to discuss perhaps out of fear of offending others or sounding ignorant. The truth is, most of us are ignorant about the rest of us. But are we making any progress by avoiding discussions about diversity altogether? Through this article, I’d like to aide discussions about diversity by better defining its meaning, exploring its well-studied economic returns, and discussing the important role we can all play to increase diversity. What is diversity? To understand diversity, let’s look at the nuanced difference between the meaning of “collaboration” and “unity”, which I learned at a recent talk given by Dalia Mogahed. Collaboration is working with others to achieve a common goal, whereas the online Merriam-Webster definition of unity is “the quality or state of not being multiple: oneness.” The problem with this definition of unity is that if we are one, we are the same, and if we are the same, we are not diverse. It’s not about having the same differences, it is about being the same because we are all different from each other in one way or another. If diversity in its simplest form is being different, then the logical question becomes, “different from whom?” Who is this “normal” one? What is the basis of comparison? Is it the people who are the most in number? If so, what are the traits we use to identify them? Take the corporate world for example. Obviously, it is made up of a majority of white males, but because there are so many different aspects to a person, it is disingenuous to reduce someone into a single category. We should acknowledge and celebrate our differences. However, we should also recognize diversity is not limited to a certain group of people. While there are several immutable traits that traditionally define diversity, we are all different from each other, including when it comes to non-traditional dimensions of diversity, such as education, economic class, personality types, height, and age, among many others. Diversity is diverse, and there’s a beauty in that.

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In a college biology class, I learned that the difference between humans and other animals is kinship-independent social cooperation. In other words, humans cooperate with each other even if they are not from the same family. If working with people outside of your family is one of the foundations of being human, it may be important to learn how to coexist effectively as a diverse community so we can continue to succeed collectively, not despite our differences, but because of them. And for the record, whether you believe in Adam and Eve or evolution, both perspectives acknowledge a common origin, which is that we are family one way or another! So, what is the economic benefit of diversity? At this point you may be thinking, this Kumbaya story is nice, but I’ve got billable files calling my name. Not so fast. Just give me another 0.03 hours (2 minutes), and I’ll prove that “diversity” is just as relevant to our wallets as it is to our collective growth. The statistics show that diversifying an organization by integrating women and other minorities contributes substantial funds to the bottom line by (1) creating diverse perspectives, which result in greater productivity and efficiency; and (2) allowing an organization to reach an increasingly diverse segment of the market, which is looking to connect with those from the same walks of life. Some examples of these statistics include: • “Companies with the most [women on their boards] outperformed companies those with the least by 60 percent in return on invested capital, 84 percent in return on sales, and 60 percent in return on equity.”1 • “[O]n average, the most racially diverse companies bring in nearly 15 times more revenues than the least racially diverse.”2 • “[T]he work of the women’s task force and other constituencies led IBM to establish its Market Development organization, a group focused on growing the market of multicultural and women-owned businesses in the United States . . . . In 2001, the organization’s activities accounted for more than $300 million in revenue compared with $10 million in 1998. Based on a recommendation from the people with disabilities task force, in October 2001 IBM launched an initiative focused on making all of its products more broadly accessible

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to take advantage of new legislation – an amendment to the federal Rehabilitation Act requiring that government agencies make accessibility a criterion for awarding federal contracts. IBM executives estimate this effort will produce more than a billion dollars in revenue during the next five to 10 years . . . ”3 • “[A] firm ranked in the top quarter in the diversity rankings will generate more than $100,000 of additional profit per partner than a peer firm of the same size in the same city, with the same hours and leverage but a diversity ranking in the bottom quarter of firms.”4 • “The purchasing power of women in the United States ranges from $5 trillion to $15 trillion annually.”5 “AfricanAmerican buying power, estimated at $1.2 trillion in 2016, will grow to $1.5 trillion by 2021, making it the largest racial minority consumer market.”6 Hispanic buying power was $1.4 trillion in 2016, which accounts for nearly 10% of total U.S. buying power in 2016 and means the “U.S. Hispanic market is larger than the GDP of Mexico and bigger than the economies of all but 14 countries in the world.”7 8 How can we help diversify our assets? The OCBA Diversity & Inclusion Committee set out with the vision to “bridge the gap” rather than change the world. Inclusion is a critical aspect of “bridging the gap” that is often neglected. “Diversity often pertains to the numbers – insuring sufficient numbers of targeted populations are represented. Inclusion addresses how well the diverse individuals are included in all aspects of the organization [especially in leadership]. Diversity is often associated with recruitment; inclusion plays a pivotal role in retention.”9 I know I said we’re not trying to change the world (at least not overnight), but if we were, the readers of this article would be in the best position to do so; and I’ll prove it. America is known as the leader of the free world. Within America, Florida is officially recognized as a swing state and has effectively decided several presidential elections (for better or worse). And within the state of Florida, which effectively decides the leader of the free world from time to time, we are in Orlando, which is the most visited city in the United States. Orlando is an economic super engine, and growing. And within Orlando, we are members of the legal community, which is the foundation of peace and order in our society. As people in such influential positions, what we can do is hire with a purpose. We can attend events hosted by different organizations. Contrary to the advice we were given at a young age, I posit that we should talk to strangers. Maybe then they wouldn’t be so strange. Given what we know about the potential positive fiscal and moral impact of implementing diversity and inclusion on a grander scale, what better place to do so than here, and what better time than now? Ahmad S. El-Gendi, Esq., is an attorney at Lowndes Law, focusing on intellectual property and commercial litigation, including patents, copyrights, trademarks, trade secrets, and licensing. He has been a member of the OCBA since 2015.

Sheryl L. Axelrod, Banking on Diversity: Diversity and Inclusion as Profit DriversThe Business Case for Diversity, A.B.A. Sec. of Litig. (June 12, 2014), https://www. americanbar.org/groups/litigation/committees/diversity-inclusion/articles/2014/ diversity-inclusion-profit-drivers.html (citing Nancy M. Carter & Harvey M. Wagner, The Bottom Line: Corporate Performance and Women’s Representation on Boards (2004-2008), Catalyst, Inc. (March 1, 2011), https://www.catalyst.org/system/files/ the_bottom_line_corporate_performance_and_women%27s_representation_on_ boards_%282004-2008%29.pdf ). 2 Id. 3 Id. (citing David A. Thomas, Diversity as Strategy, 82 Harv. Bus. Rev., 9 (September 2004)). 4 Id. (citing Douglas E. Brayley & Eric S. Nguyen, Good Business: A Market-Based Argument for Law Firm Diversity, 34 J. Legal Profession, 1 (2009)). 5 Statistics on the Purchasing Power of Women, Girlpower Marketing, https://girlpowermarketing.com/statistics-purchasing-power-women/ (last visited August 14, 2018). 6 Matt Weeks, UGA report: Minority groups driving U.S. economy, UGA Today (March 2, 2017), https://news.uga.edu/multicultural-economy-report-17/. 7 Id. 8 The statistics were compiled and cited through the hard work of incoming Lowndes Attorney Ferran Arimon and current Lowndes Attorney Michael Piccolo. 9 Diversity Plan, A.B.A. (May 2011) (brackets added), https://www.americanbar.org/ content/dam/aba/global/ABA_Diversity_Plan_May_2011.pdf. 1

President’sMessage continued from page 3

have a vested stake in the efficient operation of the courts, and we have a vested stake in seeing our clients delivered justice in a timely fashion. Our complacency in the face of routine underfunding of the judiciary must stop. The judiciary represents less than one percent of the state’s budget, but our representatives routinely underfund this third branch of government. We must contact our representatives and insist on full funding of the judiciary. The judicial branch is a coequal branch of government; yet, the judicial branch funding is a small percentage of what is required to operate the other two branches of government. There is no indication that the other branches of government suffer the same impacts of rou-

tine underfunding. For some reason, the judicial branch is impacted year after year. There is no justification for the state’s failure to fully and adequately fund our judicial branch. We as lawyers must speak out and demand full and complete funding. Our clients deserve a fully funded judiciary, our judges deserve a fully funded judiciary, and our Bar deserves a fully funded judiciary. Richard S. Dellinger, Esq., a shareholder with Lowndes, Drosdick, Doster, Kantor & Reed, P.A., practices in the litigation department in the areas of business litigation, trust and estate litigation, and significant dissolution of marriage. He has been a member of the OCBA since 1999.

Bring your lunch and pick up great practice pointers!

OCT. 8: Witness

Preparation; The Hon. Don Myers and The Hon. Tanya Wilson

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

theBriefs October 2018 Vol. 86 No. 8

NOV. 5: Preservation 101

12:00 p.m.-1:00 p.m. • Orange County Courthouse, 23rd Floor RSVP to: Cindy Brown at ctjacb1@ocnjcc.org www.orangecountybar.org

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Feature

G Adam Losey, Esq.

Carter McMillan, Esq.

Wrapping it Up: Online Contracts

ameStation, a chain of U.K.-based retail stores, famously inserted an “immortal soul clause” into its online terms and conditions. More than 7,500 customers agreed to give GameStation “a non-transferable option to claim, for now and forever more, your immortal soul.” Faustian contracts purchasing souls are generally unenforceable for a host of reasons. Yet the issue of whether an online contract is enforceable is a commonly litigated issue. Like GameStation’s site, most websites have a series of hyperlinks at the bottom of the page. These hyperlinks will typically direct you to what purport to be the contracts between the person browsing the website and the owner of the website. The most familiar iterations of these contracts are clickwrap, browsewrap, and hybrid agreements. The Evolution of the ‘Wrap’ Agreement Many have forgotten how we got to the eclectic assortment of ‘wrap’ agreements we have today. The term developed as a clever twist on the “shrinkwrap license” that was visible underneath plastic shrinkwrap on technology products. These licenses laid out the terms of the product and stated that opening the shrinkwrap would constitute acceptance of the terms. Courts initially disfavored shrinkwrap contracts. The first major appellate decisions on the subject, Step-Saver Data Systems, Inc. v. Wyse Technology1 and Vault Corp. v. Quaid Software Ltd.,2 expressed doubt about the enforceability of shrinkwrap agreements. However, once ProCD, Inc. v. Zeidenberg3 was decided in 1996, the tide began to change. ProCD was a software vendor that sought to enforce its license terms against a customer alleging they should not be bound by the terms. The terms were included in the manual accompanying the product and also in the product itself as a clickwrap agreement – the software would not function without acceptance of the terms through the click of an input device. The ProCD box included a notice advising the purchaser that the terms were available within.4 The court held that the purchaser was bound by the terms even though they were not presented to him until after purchasing and unboxing the product.5 Within a few years of this decision, clickwrap agreements became regularly accepted by courts in circumstances where traditional contract requirements were present.

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Clickwrap, Browsewrap, and Hybrid Agreements Internet-based contracts are governed by the same old-fashioned principles of pen-and-ink contract law. As one court stated, “A contract is no less a contract simply because it is entered into via a computer.”6 Mutual agreement is necessary to form a valid contract.7 The types of online agreements that require no outward manifestation of consent are known as “browsewrap” agreements.8 Browsewrap agreements typically have hyperlinked notices posted on portions of a website, but the user’s consent is simply assumed by use of the website. Online agreements that require expressly manifested consent are known as “clickwrap” agreements. This consent can come about by many ways. Typically, most clickwrap agreements will require the user to click a button that states “I agree” or “I accept” prior to allowing the user to proceed to the website content. Clickwrap agreements are normally enforceable. The affirmative act of clicking whatever button is presented to “agree” constitutes consent.9 Whether a browsewrap agreement is enforceable is a trickier question. The issue of consent (typically the barrier to enforcement of online contracts) hinges on whether the website puts a reasonably prudent user on inquiry notice of the terms of the contract.10 Because there is no affirmative act required by the website user to agree to the terms and conditions of a browsewrap agreement, “the determination of the validity of the browsewrap contract depends on whether the user has actual or constructive knowledge of a website’s terms and conditions.”11 The conspicuousness and placement of the applicable hyperlink, the warning and notices provided to users of the website regarding the terms of use, and the website’s layout and content are all part of the fact-specific analysis in determining whether a “reasonably prudent user” would have notice of a browsewrap agreement.12 Even font size can matter. There are also agreements that are considered by some courts to be a mix of the two – hybrid agreements. These hybrid agreements require some kind of manifested consent, but they do not directly display the agreement at issue. Instead, they often provide a hyperlink or a reference to the agreement at issue. These hybrid agreements normally constitute binding contracts where the user is provided with an opportunity to review the agreement at issue in the form of a hyperlink immediately under an “I Accept” button, and the user then clicks the “I Accept” button.13

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Generally speaking, clickwrap and hybrid agreements are typically enforceable, and browsewrap agreements require a more fact-specific analysis.

Vitacost.com Decision A recent decision from the Fourth District Court of Appeal of Florida provided a first impression for the enforceability of an arbitration clause in a browsewrap agreement. Vistacost.com, Inc. v. McCants14 was an appeal of a trial court’s conclusion that an arbitration clause was not part of the sales agreement between the plaintiff purchaser and the seller. The plaintiff purchased dietary supplements from vitacost.com (“Vitacost”). A hyperlink to the “terms and conditions of sale” was accessible via hyperlink. The plaintiff alleged that he did not have actual knowledge of the terms and conditions of the sale nor was he ever directed to review them. The plaintiff alleged that he suffered severe damage to his liver as a result of the supplements. The plaintiff filed his complaint. Vitacost responded by moving to compel arbitration. The trial court ruled that the arbitration clause was not part of the sales agreement and denied the seller’s motion to compel arbitration. In making its decision, the court noted that Florida law requires, to incorporate a collateral document into an agreement, that the agreement: 1. Specifically provide that the collateral document is incorporated; and 2. Sufficiently describe the incorporated collateral document.15 In the context of “browsewrap,” the court noted that these agreements have only been enforced when the hyperlink to the terms

and conditions is conspicuous enough to place the user on inquiry notice.16 Additionally, it noted that Florida courts uniformly refuse to enforce “browsewrap” agreements when the hyperlink appears at the bottom of the page, and the website does not direct the user to review them.17 None of the webpages in Vitacost.com made the purchase subject to the “terms and conditions of sale.”18 The hyperlink to the “terms and conditions” was not visible unless the purchaser scrolled to the bottom of the page.19 Additionally, the check-out page contained no statement that the sale is subject to the hyperlinked terms and conditions.20 Vitacost attempted to rely on the message on the checkout screen that read: “[b]efore submitting your order, please take a moment to make sure everything looks good.”21 Vitacost argued that this qualified as notice that a collateral document was incorporated and that this notice would lead the user to the bottom of the page where they could review the document. The court decided that there was no mutual assent and therefore no contract.22 Thorny Clickwrap Issues: Contracting with Minors Another unusual area of contract law that has become more important as commerce migrates online is contracting with minors. Addressing unenforceable contracts with minors was once an unusual problem for most courts. The Internet has changed that – clickwrap, browsewrap, and hybrid agreements mean that companies enter contracts with minors regularly. Individuals under the age of eighteen typically do not have the legal capacity to enter into contracts. While there are multiple statutorily based exceptions (and excep-

tions if the minor is emancipated), generally speaking a contract between a minor and an adult may be cancelled upon request of the minor, but is binding on the adult. Thus, it is not always a good idea to contract with minor children – even if over age thirteen, which is the cutoff age for certain issues under the Children’s Online Privacy Protection Act. This issue can come up in the context of clickwrap agreements, such as in A.V. v. iParadigms, Ltd. Liab. Co.23 The iParadigms case was primarily reported based on its analysis of “fair use” issues under the Copyright Act. The case arose when a number of minor students were required by their high school teachers to submit school papers electronically, and to consent to an online agreement with Turnitin. com. Turnitin is an antiplagiarism website that cross-references various student works to determine if students are copying each other’s papers. While the primary issue was whether the website violated the students’ copyrights to their work when it archived them for future comparison with other student works (answer: no, it was considered fair use), clickwrap agreements and the age of majority came into issue. Rather than a browsewrap agreement, Turnitin had a clickwrap agreement where the high school students clicked “I Agree” to acknowledge their acceptance of the terms of the clickwrap agreement. The iParadigms court had no issue with this form of consent, but the Virginia high school students were all under the age of eighteen when they agreed to the clickwrap terms. In Virginia, “a contract with an infant is not void, only voidable by the infant upon attaining the age of majority.”24 The high continued page 32

On the cover: Judges in alphabetical order with their alma maters: Gail A. Adams Faye L. Allen Chad K. Alvaro Alan S. Apte Maureen Bell Alice L. Blackwell Mark S. Blechman Luis F. Calderon Tina Caraballo Keith A. Carsten Nancy L. Clark Eric H. DuBois Brian F. Duckworth Robert J. Egan

Stetson University Florida A&M University Rollins College University of Miami University of Florida Furman University University of Florida University of Florida University of Florida University of Florida University of Florida University of Miami University of Florida Mercer University

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Jenifer M. Harris Heather L. Higbee Evellen Jewett Steve Jewett John E. Jordan John Marshall Kest Sally D. M. Kest Lawrence R. Kirkwood Gisela T. Laurent Frederick J. Lauten Bob LeBlanc Adam McGinnis Lisa T. Munyon Michael Murphy

University of Florida University of Florida University of Florida University of Florida University of Florida Florida State University Florida State University University of Florida University of Florida Villanova University University of Miami University of Central Florida University of Florida University of Florida

Donald A. Myers, Jr. University of Florida Heather Pinder Rodriguez Florida State University Margaret H. Schreiber Duke University Elizabeth Starr Stony Brook University Patricia L. Strowbridge Michigan State University Diana M. Tennis University of Florida Thomas W. Turner Ball State Kevin B. Weiss University of Florida Keith F. White University of Central Florida Tanya Davis Wilson University of Florida Wayne C. Wooten University of Florida

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SideBar

Alena V. Baker, Esq.

GOAABA Peter’s Kitchen China Bistro

H

appy fall y’all! In addition to college football and pumpkin spice, the new season has also brought about the beginning of new fiscal years and leadership for many of our voluntary bar association. Take a look below to see just what some of our organizations have been busy doing to welcome in their new members and (hopefully) new and lower temperatures.

CFGALLA On October 13, the Central Florida Gay and Lesbian Law Association (“CFGALLA”) will hold its first annual joint voluntary bar event – Come Out with Pride Orlando 2018. This event will be held in collaboration with the other voluntary bar associations throughout the area and will provide free registration for members of local voluntary bar associations, law students, and members of the judiciary. The event will provide great networking and camaraderie among the voluntary bar associations and will be held at The Closing Agent. CFFLAIC The Central Florida Family Law American Inn of Court (“CFFLAIC”) helped welcome new members with its annual new member meeting. For information about membership, contact the Inn administrator at cffamilylawinns@gmail.com. CFAWL The Central Florida Association for Women Lawyers (“CFAWL”) has had an amazing start to the year with its annual board and leadership retreat. CFAWL was joined by other bar leaders and enjoyed getting to know each other and further connected with CFAWL members through a day at the spa! The luncheons featured speakers, including Commissioner Patricia Sheehan, Chris Castro, director of sustainability at the City of Orlando, and Clayton Louis Ferrara, executive director at IDEAS for Us. CFAWL’s October luncheon honored the services of retiring judges, The Hon. John M. Kest, The Hon. Marc L. Lubet, and The Hon. Jose R. Rodriguez. The luncheon was truly inspirational, and CFAWL wishes the very best to these judges, who will surely be missed. On the lighter side, CFAWL also held its first Tables for Eight program of the year. Many thanks to Brian Lawrence, Esq., and Tony Sos, Esq., in helping make the night memorable. CFAWL also enjoyed

its monthly program, Magical Dining at RusTeak, where members were able to celebrate friendship with great food but even better conversations. In addition, CFAWL member Ava Doppelt, Esq., of Allen, Dyer, Doppelt & Gilchrist, P.A., spoke on intellectual property for business owners at the National Association of Women Business Owners meeting. Coming up this month, CFAWL with be co-hosting the OCBA Luncheon on October 25, 2018. To find out more about these as well as other upcoming events, make sure to check CFAWL’s social media page and website. And, remember to renew your membership to ensure that you will not miss any future programs. In the wise words of their membership chair: “CFAWL cannot connect without you!” #CFAWLConnects.

GOAABA The Greater Orlando Asian American Bar Association (“GOAABA”) has had a busy year so far. The induction of its new officers took place on July 19, 2018 at Fleming’s Winter Park. Many thanks to The Hon. Jeanette Bigney, who was present for this special event. At this celebration, Annie Kwong, Esq., was inducted as president for the 2018-2019 year. In addition, as part of an outreach grant, GOAABA gave a health and wellness presentation for the Y.E.S.S. Center (Youth Enrichment and Senior Services). The event featured a dentist and chiropractor as speakers. Further, members were able to network while enjoying yummy Asian cuisine at Peter’s Kitchen. Lastly, GOAABA teamed up with the Hispanic Bar Association of Central Florida (“HBACF”) to host a Zumba event, all in the hopes of promoting health and wellness. 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, photos with IDs, and birth and death notices to my attention at alena@bakercriminaldefense.com. Alena V. Baker, Esq., of Alena Baker Criminal Defense, P.A., is a solo practitioner who practices primarily in the area of criminal law throughout Central Florida. She has been a member of the OCBA since 2011 and is a board member of the Criminal Law Committee of the OCBA.

Scott Leitner, Esq.; Avita Samaroo, Esq.; Amy Carter, Esq.; The Hon. Bob LeBlanc; Leia Leitner, Esq.; Liz McCausland, Esq.; Nina Yon

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CFAWL Board Retreat at Allora Day Spa

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ParalegalPost Historic Event for Paralegals at the 2018 Florida Bar Convention

T Misty M. McGlothern, FRP

2018 Florida Bar Annual Convention

Wendy Toscano, Esq. Lori Spangler, FRP Misty McGlothern, FRP Sheila Sullivan, FRP

he Florida Bar Florida Registered Paralegal (“FRP”) Standing Committee hosted its very first seminar for attorneys and paralegals at the 2018 Florida Bar Convention on Friday, June 15, 2018. Nearly 250 paralegals and attorneys attended a complimentary seminar, “Timely Technology, Professionalism, and Ethics for the Legal Profession,” to hear a variety of presentations at the Hilton Bonnet Creek and Waldorf Astoria. Alyson Laderman, Esq., and Howard Myones, Esq., presented “Technology: Effective and practical use of case management software today, and how to make the most of the technology available in your law practice.” Both attorneys provided practical and helpful tips for paralegals and attorneys from the technology “must haves,” which included a PDF overview and some helpful tricks in Outlook to make the life of any legal professional that much easier. In an effort to provide insight regarding storage issues, Alyson spoke in depth about server-based platforms while Howard pled a case for why he prefers a cloudbased platform. Orange County Circuit Judge John Marshall Kest presented “Professionalism and Ethics in the Real World.” He provided tips on zealously representing clients while still remaining fair and civil to the opposing party and other counsel. Judge Kest addressed many areas of potential conflicts, from discovery situations to motion practice and communications among counsel, and offered advice on how to handle stressful situations in a professional manner. Hilarie Bass, Esq., president of the American Bar Association (“ABA”), spoke about how the legal profession and ABA is reacting to the #MeToo and #TimesUp movements, sexual harassment, and the income disparity between

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men and women in the workplace. She also provided an overview of the studies that were being done regarding the aforementioned issues and reported that by the age of 50, only 25 percent of women remain in the legal profession. Not only were free CLEs offered, but the FRP Standing Committee’s Summer Meeting also took place immediately before the seminar. Paralegals from around the state were invited to attend the meeting to observe the committee at work. They were also provided with information regarding the potential bifurcation of the existing FRP Standing Committee into a second committee.* If The Florida Bar decides to bifurcate the existing committee, the new committee will be offering more CLE seminars in the future and have a presence at the annual convention. Please be on the lookout for an update that will be sent via email blast within the next couple of months. Following the three-hour seminar, a special cocktail reception was hosted by Regina Verrnet of ThomsonReuter for all seminar attendees. The event allowed attendees to celebrate the successful seminar and network with attendees from around the state. The evening concluded with The Florida Bar president’s All-Star Reception in the hotel ballroom. The paralegals in attendance were able to celebrate and acclaim that after ten long years since the inception of the FRP Program, FRPs have finally been welcomed and included at The Florida Bar’s Annual Convention. If you are a Florida Registered Paralegal and missed this year’s annual convention, I encourage you attend next year’s event in Boca Raton and take advantage of the opportunities and benefits offered to you with your Florida Bar membership. *See Board of Governors’ Report, page 11, this issue of The Briefs.

Misty M. McGlothern, FRP, a senior paralegal with Rebecca L. Palmer Law Group practicing in the area of family law. She is a past president of the Paralegal Section and has been a member of the OCBA since 2013.

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Feature continued from page 29

school students thereby argued that because they were under age eighteen at the time of entering into the contracts, they could not be bound by the contracts. The court found that the students could not use this doctrine to void the contract while simultaneously retaining the benefits of the contract – high school credit and standing to sue. Conclusion Online agreements pervade life. They also present new and unique legal issues that arise more frequently in the online content than in the pen-and-ink world. Careful analysis of the audience – and the agreement execution process – can assist in avoiding online issues with contract enforceability. That’s a wrap! Adam Losey, Esq., is an attorney with Losey PLLC. He can be reached at alosey@losey.law. Carter McMillan, Esq. is an attorney with Losey PLLC. He can be reached at cmcmillan@losey.law. 939 F.2d 91, 105 (3d Cir. 1991) (holding that the trial court erred in finding that the parties intended the boxtop license to be a final and complete expression of the terms of their agreement). 2 847 F.2d 255, 268-70 (5th Cir. 1988) (holding that federal law preempted Louisiana law validating shrinkwrap licenses). 3 86 F.3d 1447 (7th Cir. 1996). 4 Id. at 1449-52. 1

Id. at 1449-52. Forrest v. Verizon Commc’ns, Inc., 805 A.2d 1007, 1011 (D.C. 2002). 7 Nguyen v. Barnes & Noble Inc., 763 F.3d 1171, 1175 (9th Cir. 2014) (citing Register.com, Inc. v. Verio, Inc., 356 F.3d 393, 403 (2d Cir. 2004)). 8 Id. at 1176; In re Zappos.com, Inc., Customer Data Sec. Breach Litig., 893 F. Supp. 2d 1058, 1073 (D. Nev. 2012). 9 See Treiber & Straub, Inc. v. UPS, Inc., 474 F.3d 379, 382–83, 385 (7th Cir. 2007) (finding a clickwrap process to have “provided adequate notice” to customers when it required clicking assent, repeated the disclaimer of liability several times, and referred to the pertinent parts of the contract that was also available on the business’s website); Van Tassell v. United Mktg. Grp., LLC, 795 F. Supp. 2d 770, 790 (N.D. Ill. 2011) (noting that “[b]ecause clickwrap agreements require affirmative action on the part of the user to manifest assent, courts regularly uphold their validity when challenged”); Koresko v. RealNetworks, Inc., 291 F. Supp. 2d 1157, 1162–63 (E.D. Cal. 2003) (finding that clicking box marked “I agree” on website evinced express agreement to terms); DeJohn v. TV Corp. Int’l, 245 F. Supp. 2d 913, 921 (C.D. Ill. 2003) (holding the clickwrap agreement a valid and enforceable contract and “[t]he fact that the contract is electronic does not affect this conclusion”); i.LAN Sys., Inc. v. NetScout Serv. Level Corp., 183 F. Supp. 2d 328, 338 (D. Mass. 2002) (holding that clicking “I agree” box is an appropriate way to form an enforceable contract); Stomp, Inc. v. NeatO, LLC, 61 F. Supp. 2d 1074, 1081 n. 11 (C.D. Cal. 1999) (enforcing assent to terms by clicking accept button). 10 Specht v. Netscape Commc’ns Corp., 306 F.3d 17, 30–31 (2d Cir. 2002). 11 Nguyen, 763 F.3d at 1176 (quoting Van Tassell, 795 F. Supp. 2d at 790). 12 Id. at 1177. 13 See Fteja v. Facebook, Inc., 841 F. Supp. 2d 829, 838– 40 (S.D.N.Y. 2012); Swift v. Zynga Game Network, Inc., 5 6

PAGE 32                      www.orangecountybar.org

805 F. Supp. 2d 904, 911–12 (N.D. Cal. 2011). 210 So.3d 761 (Fla. 4th DCA 2017). 15 Id. (citing BGT Grp., Inc. v. Tradewinds Engine Servs., LLC, 62 So.3d 1192, 1194 (Fla. 4th DCA 2011)). 16 Id. at 765. 17 Id. 18 Id. 19 Id. 20 Id. 21 Id. 22 Id. 23 544 F. Supp. 2d 473, 480 (E.D. Va. 2008), aff’d in part, rev’d in part sub nom. A.V. ex rel. Vanderhye v. iParadigms, LLC, 562 F.3d 630 (4th Cir. 2009). 24 Zelnick v. Adams, 561 S.E.2d 711, 715 (Va. 2002). 14

ProfessionalismCommittee continued from page 4

The plaque serves as a constant reminder that every person must show respect to every other person. Respectful behavior, includes, but is not limited to, abiding by the 9th Circuit’s Courtroom Decorum Policy. The Hon. Keith F. White Amy J. Carter, Esq., an attorney with Quintairos, Prieto, Wood & Boyer, P.A., practices in the areas of nursing home defense and general liability. She has been a member of the OCBA since 2012.

theBrief s October 2018  Vol. 86 No. 8

CONTACT US

REPRESENTATION OF HEALTH PROFESSIONALS

WEBSITE

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

George F. Indest III, J.D., M.P.A., LL.M.

Lance O. Leider, J.D., LL.M.

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

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

• Licensed in Florida

• Products Liability Cases

• Administrative Hearings

• Opinion Letters

• DOH Investigations

• Contracts & Contract Litigation

• Disciplinary Hearings

• Medical Board Cases

• DEA Defense

• Peer Review Defense

• HIPAA Defense

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

• Hip Implant Litigation

• Commercial Litigation • Nursing Board Cases

Main Office • 1101 DOuglas avenue • altaMOnte springs, fl 32714 telephOne: (407) 331-6620 • (850) 439-1001 • telefax: (407) 331-3030 By appOintMent • 37 n. Orange ave., ste. 500 • OrlanDO, fl 32801 By appOintMent • 201 e. gOvernMent street • pensacOla, fl 32502 By appOintMent • 155 e. BOarDwalk Drive, ste. 424 • fOrt cOllins, cO 80525 www.thehealthlawfirM.cOM theBriefs October 2018 Vol. 86 No. 8

www.orangecountybar.org

PAGE 33

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theBriefs October 2018  Vol. 86 No. 8

Speaker: Hal Kantor, Esq.

Tuesday, November 13, 2018

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

Register at www.orangecountybar.org/store

by November 12

Limited Seating • Breakfast Included

Upcoming Dates & Speakers:

Tuesday, December 11, 2018: TBD Please check the OCBA website for updates!

theBriefs October 2018 Vol. 86 No. 8

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PAGE 35

Ne w M e mbe rs Attorneys Molina A. ARENARANDALL Eric R. BIERNACKI Elizabeth S. CONAN Kenneth D’APICE Celia Thacker DORN Brian EVANDER Adam G. HILL Kyle M. HYMAN D. Gary LASHLEY Jr. Andrea Aurora McCREARY

Taj P. MURPHY, Sr. Timothy J. O’TOOLE Chelsea L. SIMMONS Rickey L. STRONG Tanisha SWABY Dalya S. ZALLOUM

Associate

Law Students Emmanuella CASIMIR Lillian Jenell DAVIS Meranda S. LANDES Brandon W. NEWSOME Brandon M. SCALES Kali Brianne STAUSS

Peter W. BELLAS

Affiliates Mary M. BRICKER Catherine SANDERS

Invite your colleagues to join the OCBA today!

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

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

20 or More Members

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

10-19 Members

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

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

PAGE 36

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

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

fs October 2018 Vol. 86 No. 8

www.orangecountybar.org           theBrie

Events Oct. 2 – Member Perks. 8:00 a.m. - 9:30 a.m. OCBA Center. Speaker: Bruce B. Blackwell, Esq. Register by Oct. 1 through the OCBA Store. Oct. 23 – Oktoberfest Joint Happy Hour. Details to come. Nov. 8 – 11th Annual Breakfast of Champions. 7:30 a.m. The Ballroom at Church Street. See ad on page 17 in this issue of The Briefs. Nov. 13 – Member Perks. 8:00 a.m. - 9:30 a.m. OCBA Center. Speaker: Hal Kantor, Esq. Register by Nov. 12 through the OCBA Store.

Seminars Oct. 3 – Summary Judgment Seminar. Business Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (approved). Free (OCBA members); $15 (non-members). Speakers: Hon. Kevin B. Weiss; Hon. Donald A. Myers, Jr. Register by Oct. 1 through the OCBA Store. Sponsored by: Data Analyzers. Oct. 5 – Professionalism and Ethics. Criminal Law Committee Major Seminar. 2:00 p.m. - 5:00 p.m. Orange County Courthouse Jury Assembly Room. CLE: 3.0 (pending). Free. Speakers: Hon. Frederick J. Lauten; Patti Savitz, Esq.; Keshara Cowans, Esq. A happy hour will follow at Saddle Up All-American Bar. RSVP via Eventbrite: https://www.eventbrite.com/e/professionalismand-ethics-seminar-tickets-49966237361. Oct. 8 – Witness Preparation. Brown Bagging with the Bobs. 12:00 p.m.-1:00 p.m. Orange County Courthouse 23rd Floor Conf. Room. CLE: 1.0 (pending). Speakers: Hon. Donald A. Myers, Jr.; Hon. Tanya Wilson. RSVP to Cindy Brown at ctjacb1@ocnjcc.org. Oct. 9 – Using Technology to Efficiently and Effectively Navigate Official Records. Technology Committee. 12:00 p.m.-1:30 p.m. OCBA Center. CLE: 2.0 general, including 2.0 technology (approved). Free (OCBA members); $15 (non-members). Speaker: Philip Diamond, Esq. Sponsored by: Milestone Reporting and Data Analyzers. Register by Oct. 7 through the OCBA Store. Oct. 9 – Unified Family Court and DV. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: Hon. Alicia Latimore; Tenesia Hall, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Oct. 11 – 2018 Annual Seminar. Solo & Small Firm Committee Major Seminar. 12:00 p.m.-5:00 p.m. OCBA Center. CLE: 5.0 general, including 5.0 ethics (pending). $40 (OCBA members); $25 (gov’t/student); $50 (non-members). Speakers: Hon. Kevin Weiss; Hon. Mark Blechman; Hon. Martha Adams; William Umansky, Esq.; Sandra Rivera, Esq.; Michael Dear, Esq.; Thomas Feiter, Esq.; Mark NeJame, Esq. Sponsored by: Martindale-Hubbell and Professional Retirement Services. Register by Oct. 9 through the OCBA Store.

Oct. 19 – Balancing the Presumption of Legitimacy with the Rights of Biological Fathers. Family Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (approved). Free (OCBA members); $15 (non-members). Speakers: Hon. Daniel P. Dawson; John W. Foster, Esq. Sponsored by: Martindale-Hubbell. Register by Oct. 17 through the OCBA Store. Oct. 23 – The Thrill of Victory and the Agony of Defeat Adaptive Sports for Children with Disabilities. 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: Sally McArthur, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Oct. 26 – Social Security Appeals & Bankruptcy. Bankruptcy Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members); $15 (non-members). Speakers: Adriana M. de la Torre, Esq.; Carina M. de la Torre, Esq. Register by Oct. 24 through the OCBA Store. Oct. 30 – Central Florida’s Anti-discrimination County Ordinances a/k/a Why Sue Under Anything Else? Labor & Employment Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members); $15 (non-members). Speaker: Travis R. Hollifield, Esq. Sponsored by: Data Analyzers. Register by Oct. 28 through the OCBA Store. Nov. 5 – Preservation 101. Brown Bagging with the Bobs. 12:00 p.m.-1:00 p.m. Orange County Courthouse 23rd Floor Conf. Room. CLE: 1.0 (pending). Speaker: Jamie Billotte Moses, Esq. RSVP to Cindy Brown at ctjacb1@ocnjcc.org. Nov. 6 – Guardianship of the Person. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: David Yergey, Jr., Esq.; Catherine Tucker, Esq. Contact: Marilyn Carbo at mcarbo@ legalaidocba.org. Nov. 8 – Understanding the Generational Gap: How the Next Generation Views the Future of Law Firms. Professionalism Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: TBD. Free (OCBA members); $15 (non-members). Speakers: TBD. Sponsored by Thomson Reuters and the Legal Marketing Association. Register by Nov. 6 through the OCBA Store. Nov. 9 – Labor & Employment Committee Major Seminar. Details to come. Sponsored by: Orange Legal. Nov. 13 – Houston, We Have a Problem: Identifying Dependent Children Involved in Gangs & Human Trafficking. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: (pending). Speakers: Mary Ann Etzler, Esq.; Daniela De Assis; Meybelin Barrera. Contact: Marilyn Carbo at mcarbo@legalaidocba.org. Nov. 16 – Meet the Judge with The Honorable Julie O’Kane. Family Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (approved). Free (OCBA members); $15 (non-members). Speaker: Hon. Julie O’Kane. Register by Nov. 14 through the OCBA Store. Nov. 27 – Hot Topics in Immigration. Immigration Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (approved). Free (OCBA members); $15 (non-members). Speaker: Nayef Mubarek, Esq. Register by Nov. 25 through the OCBA Store. Nov. 29 – Closing the Gap in Mediation. ADR Committee. 3:30 p.m.-5:00 p.m. OCBA Center. CLE: 1.5 general (pending). Free (OCBA members); $15 (non-members). Speakers: David W. Henry, Esq.; A. Michelle Jernigan, Esq.; Jeffrey M. Fleming, Esq.; Albert R. Tetrault, Esq.; K. Judith Lane, Esq. Free (OCBA members); $15 (non-members). Sponsored by: Upchurch, Watson White & Max Mediation Group. Register by Nov. 27 through the OCBA Store. Nov. 30 – Criminal Law Committee Major Seminar. Details to come.

An n o unce ments

theBriefs October 2018 Vol. 86 No. 8

www.orangecountybar.org

PAGE 37

CLASSIFIED ADS EMPLOYMENT

THE ORANGE COUNTY CLERK’S SELF HELP CENTER is in need of attorneys who speak Spanish, Creole or are ASL certified. The Self Help Center attorneys provide consultations to clients who need information regarding family law, evictions, and small claims. Self Help Center Attorneys can sign up to work for one or more days per month. For more information, please contact Candice Maull at candiced@ocbanet.org. AV MULTI-PRACTICE FIRM needs litigation attorneys with minimum three years’ insurance defense experience for the following practice areas: general liability; auto; commercial transportation; premises liability. Candidates should have proven track record and a strong work ethic. Excellent opportunity for the right candidate. Please email detailed resume to hrf@awtspa.com. DSK LAW, FOUNDED IN 1976, and one of the largest law firms in Central Florida with offices in Orlando and Tampa, is seeking candidates for an experienced attorney to service Legal Service Plans administered in its Orlando Office. Qualifications: 5+ years of experience in civil or criminal matters, transactional, document experience.

Exceptional customer service skills for primarily telephone consultations, detail oriented with strong planning and organizational skills and ability to work independently. We offer a very competitive salary and benefit package and a positive culture. Send resume to careers@dsklawgroup.com BI ATTORNEY NEEDED: Established insurance defense law firm seeks trial attorney with 7+ years of trial practice experience. The candidate must have significant first chair experience at trial and should anticipate immediately preparing for and attending trial. A very lucrative compensation package is available for the right person. Send resumes to mheaberlin@ gobelflakes.com. HEALTH ATTORNEY FOR SMALL LAW FIRM concentrating on physicians & health professionals in the N.W. Orlando area. Civil litigation, admin litigation, or healthcare experience a plus. Must be self-starters, & have excellent academic credentials. Admin law, health law, litigation or contract law experience helpful. Fax to (407) 331-3030 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

SPECIALTY DEFENSE FIRM handling first party property/ liability coverage issues and complex contractual/tort litigation seeks attorneys for its Maitland office. Insurance defense experience preferred. Fax/Mail resume to: Office Manager (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751. SEEKING PROFESSIONAL EXPERIENCED LEGAL ASSISTANT to provide support to attorneys. Job duties include administrative support, scheduling appointments, depositions, meetings, and filing documents with courts. 4-5 years’ experience, bachelor’s degree, preferred. Send resume to kathy.molhem@hklaw.com.

OFFICE SPACE/SALE/ RENT/LEASE/SHARE

ATTORNEY’S OFFICE AVAILABLE in great location on Bumby Avenue near SR 408. Conf room, kitchen, parking and WiFi included. Great location! $600 per month. Call Jim Turner (407) 234-3535.

LAW OFFICE WITH SECRETARIAL OFFICE: Lk Highland Prep area. Completely Renovated/Updated Old House (Circa 1926), HARDWOOD FLOORS/WOOD TRIM – MUST SEE Copier & fax. First Month Free - $745.00, plus tax. Parking included. (407)648-1500. DOWNTOWN OFFICE AVAILABLE. 11th floor. Views of Lake Eola and downtown. Ample parking. Includes secretarial stations with receptionist, telephone, internet, copier. Please call 407792-1285.

SHARED OFFICE SPACE AVAILABLE DECEMBER 1ST. Two offices available with windows. One measures 11 x 13, the other measures 10 x 13. Shared conference room, break room. Storage area available. Located in Altamonte Springs, Florida off 436 near I-4. We are a law firm looking to share space with other professionals. Minimum of 1 year lease Please contact Valarie at valarie@ davidamaypa.com with any questions.

PROFESSIONAL OFFICE SPACE available, 800 sq/ft. Furnished offices. Kitchen. Ample parking. Two conference rooms. Email Kristin at kstaley@ crewsandpesquera.com.

2018

October 9, 2018

Unified Family Court and DV

October 23, 2018

The Thrill of Victory and The Agony of Defeat - Adaptive Sports for Children with Disabilities

November 6, 2018

Guardianship of the Person

November 13, 2018

Houston, We Have a Problem: Identifying Dependent Children Involved in Gangs & Human Trafficking

December 4, 2018

Mental Health Issues in Family Law Litigation

December 11, 2018

Is that Your Final Answer? Knowing What to Ask About the Regis Little Act

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).

LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION

LUNCHTIME TRAINING NOON TO 1:30 P.M. FREE CLE FREE LUNCH RSVP TO mcarbo@legalaidocba.org ctucker@legalaidocba.org merazmus@legalaidocba.org

ALL TRAININGS HELD AT Marks Street Senior Complex | 99 East Marks Street | Orlando, FL 32803 | Cypress Room PAGE 38

www.orangecountybar.org

theBriefs October 2018 Vol. 86 No. 8

ATTORNEY AT LAW

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Top 2% of Florida attorneys as chosen by their peers

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

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theBriefs January 2014 Vol. PAGE 39 1 82 No.

OCBA Calendar

October Luncheon October 25, 2018

Michelle R. Suskauer, Esq.

OCTOBER - NOVEMBER

October

2

Member Perks 8:00 a.m. • OCBA Center Professionalism Committee Meeting 12:00 p.m. • OCBA Center

Business Law 3 Committee Seminar

Summary Judgment 12:00 p.m. • OCBA Center

5

Criminal Law Committee Major Seminar Professionalism and Ethics 2:00 p.m. • Orange County Courthouse Jury Assembly Room

Brown Bagging with the 8 Bobs Witness Preparation 12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. Room

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

Technology Committee 9 Seminar

Using Technology to Efficiently and Effectively Navigate Office Records 12:00 p.m. • OCBA Center LAS Lunchtime Training Unified Family Court and DV 12:00 p.m. • Marks Street Senior Center

10

Lawyers Literary Society Meeting 12:00 p.m. • OCBA Center Veterans Committee Meeting 12:00 p.m. • OCBA Center OCBA Executive Council Meeting 4:30 p.m. • OCBA Center

Security 11 Social Committee Meeting

12:00 p.m. • OCBA Center Family Law Executive Board Meeting 12:00 p.m. • OCBA Center Solo & Small Firm Committee Major Seminar 2018 Annual Seminar 12:00 p.m. • OCBA Center YLS Board Meeting 5:00 p.m. • OCBA Center

PAGE 40

Law 1 2 Criminal Committee Judicial

Embassy Suites Downtown Orlando 11:30 a.m.-1:00 p.m. 191 E. Pine St., Orlando, FL 32801 RSVP by October 22, 2018 | orangecountybar.org/store November Co-host: Central Florida Association for Women Lawyers Estate, Title Sponsor: Orange Legal

16

& Trust Committee Meeting 12:00 p.m. • OCBA Center

Assistants Luncheon 11:30 a.m. • Citrus Club

Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center

17

Appellate Practice Committee Meeting 12:00 p.m. • Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Elder Law Committee Meeting 12:00 p.m. • OCBA Center

18 YLS Luncheon 19 11:30 a.m. • Citrus Club

ADR Committee Meeting 12:00 p.m. • OCBA Center

Family Law Committee Seminar Balancing the Presumption of Legitimacy with the Rights of Biological Fathers 12:00 p.m. • OCBA Center

LAS Lunchtime Training 23 The Thrill of Victory and

the Agony of Defeat – Adaptive Sports for Children with Disabilities 12:00 p.m. • Marks Street Senior Center Social Committee Meeting 12:00 p.m. • OCBA Center Oktoberfest Joint Happy Hour TBD

24

Health & Wellness Committee Meeting 12:00 p.m. • OCBA Center

OCBA Luncheon 25 Michelle R. Suskauer, Esq.

President, The Florida Bar 11:30 a.m. • Embassy Suites Downtown Orlando Bankruptcy Law 26 Committee Seminar

Social Security Appeals & Bankruptcy 12:00 p.m. • OCBA Center

Labor & Employment 30 Committee Seminar

Central Florida’s Anti- discrimination County Ordinances a/k/a Why Sue Under Anything Else? 12:00 p.m. • OCBA Center

5 Guardianship

Veterans Committee Meeting 12:00 p.m. • OCBA Center

Brown Bagging with the Bobs Preservation 101 12:00 p.m. • Orange County Courthouse, 23rd Floor Conf. Room

ADR Committee Meeting 15 12:00 p.m. • OCBA Center

12:00 p.m. • OCBA Center

Paralegal Section Lunch & Learn 12:00 p.m. • OCBA Center

Professionalism 6 Committee Meeting

LAS Lunchtime Training Guardianship of the Person 12:00 p.m. • Marks Street Senior Center

Business Law 7 Committee Meeting

12:00 p.m. • OCBA Center

Legal Aid Society 8 11 Annual Breakfast of th

Champions 7:30 a.m. • The Ballroom at Church Street Professionalism Committee Seminar Understanding the Generational Gap: How the Next Generation Views the Future of Law Firms 12:00 p.m. • OCBA Center

OCBA Executive Council Meeting 4:30 p.m. • OCBA Center

YLS Luncheon 16 11:30 a.m. • Citrus Club

Family Law Committee Seminar Meet the Judge with The Honorable Julie O’Kane 12:00 p.m. • OCBA Center

Solo & Small Firm 20 Committee Meeting

12:00 p.m. • OCBA Center

Appellate Practice 21 Committee Meeting

12:00 p.m. • Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Elder Law Committee Meeting 12:00 p.m. • OCBA Center

YLS Board Meeting 5:30 p.m. • OCBA Center

22 & 23 Thanksgiving Holiday

TBD

Immigration Law 27 Committee Seminar

Labor & Employment 9 Major Seminar

OCBA Offices Closed

Member Perks 13 8:00 a.m. • OCBA Center

Hot Topics in Immigration 12:00 p.m. • OCBA Center

LAS Lunchtime Training Houston, We Have a Problem: Identifying Dependent Children Involved in Gangs & Human Trafficking 12:00 p.m. • Marks Street Senior Center

Health & Wellness 28 Committee Meeting

Lawyers Literary Society 14 12:00 p.m. • OCBA Center Judicial Relations Committee Meeting 12:15 p.m. • Orange County Courthouse, 23rd Floor Conf. Room

www.orangecountybar.org

Social Committee Meeting 12:00 p.m. • OCBA Center 12:00 p.m. • OCBA Center

ADR Committee Seminar 29 Closing the Gap in Mediation 3:30 p.m. • OCBA Center

Labor & Employment 30 Committee Meeting

12:00 p.m. • OCBA Center Criminal Law Committee Major Seminar TBD

theBriefs October 2018 Vol. 86 No. 8

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

880 North Orange Avenue Orlando, Florida 32801

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