Orange County Bar Association - The Briefs - October 2019

A Publication of the Orange County

Bar Association

Inside this Issue: President’s Message When Clients Enlighten the Counselors Anthony F. Sos, Esq.

October 2019 Vol. 87 No. 8

Chief ’s Column Business Court Reopens – Time to Get to Work!

The Honorable Donald A. Myers, Jr.

Criminal Law Committee Injunctions are Not Just Civil Thomas B. Feiter, Esq. Legal Aid Society Teaching Tips Understanding Orange County’s Affordable Housing Crisis Hannah N. Farber, Esq.

Your Child Injury Attorneys Contact us for co-counsel opportunities

SERIOUS INJURIES. PROVEN RESULTS. MEDICAL MALPRACTICE | WRONGFUL DEATH | PERSONAL INJURY Orlando 407.841.9866

theBriefs October 2019 Vol. 87 No. 8

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Fort Lauderdale 954.523.9922

PAGE 1

the Briefs

Contents 3

President’s Message When Clients Enlighten the Counselors Anthony F. Sos, Esq.

5

OCBA Luncheon What the ABA is Doing for Equality, Liberty, and Justice Judy Perry Martinez, Esq. President, American Bar Association

6

Professionalism Committee Call for Nominations Robert W. Borr, Esq.

14

Legal Aid Society What We Do...

Advocating for Crossover Children in the Ninth Judicial Circuit Unified Family Court Ronnie A. Syme, Esq.

Chief’s Column Business Court Reopens – Time to Get to Work!

The Honorable Donald A. Myers, Jr.

8

Clerk’s Corner Clerk of Courts’ Criminal Division on the Move Tiffany Moore Russell, Esq.

9

Special Cathy Tucker, Attorney at Law, Legal Aid Society Deputy Director and Pro Bono Coordinator, Retires

10

Hearsay Columnist Linnea M. Eberhart

19-20

OCBA August Luncheon

YLS on the Move Andrew P. Irvin

21-22

SideBar Alena V. Baker

OCBA “Passing of the Gavel” Luncheon

23

w OFFICERS Anthony F. Sos, President LaShawnda K. Jackson, President-elect Eric C. Reed, Treasurer Karen L. Persis, Secretary

Special 2019 New Lawyer Training Program

Paralegal Post Professional Networking: Simple Steps to Paralegal Networking Patricia C. DeRamus, CP, ACP, FRP

w EXECUTIVE COUNCIL Jared A. Brooks Euribiades Cerrud, II Keshara D. Cowans Amber N. Davis Arti Ajit Hirani Kate T. Hollis Kristopher J. Kest Fermin Lopez Gary S. Salzman Jessica A. Travis William D. Umansky M. Ryan Williams Richard S. Dellinger, Ex-officio C. Andrew Roy, YLS President

27

YLS on the Move Andrew P. Irvin, Esq.

29

SideBar Alena V. Baker, Esq.

31

Hearsay...

Linnea M. Eberhart, Esq.

34

New Members

Criminal Law Committee Injunctions are Not Just Civil Thomas B. Feiter, Esq.

35

Events & Seminars

12

Legal Aid Society News 2019 Legislative Update Coravious L. Cowart, Esq.

13

Legal Aid Society Teaching Tips Understanding Orange County’s Affordable Housing Crisis Hannah N. Farber, Esq.

36

Classifieds

40 Calendar

DEADLINE INFORMATION

Advertising – 10th of the month prior to the month of publication Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service, or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such.

All contents ©2019 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Mark LeGrand, Creative Director, Pro One Video; Derek Smith, Photographer.

ISSN 1947-3968

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©2019

Associate Editors Karen L. Middlekauff & Robyn M. Kramer

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Editor Kate T. Hollis

w EXECUTIVE DIRECTOR Jenny Brown w Advertising & Sponsorship Manager Joan Giovanni w Publication Services Peggy Storch

880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 www.orangecountybar.org Legal Aid Society 407-841-8310 Citizen Dispute 407-423-5732 Family Law Mediation 407-423-5732 Lawyer Referral Service 407-422-4537 Orange County Foreclosure Mediation 407-515-4330 Young Lawyers Section 407-422-4551

theBriefs October 2019 Vol. 87 No. 8

President’sMessage

October 2019 E

When Clients Enlighten the Counselors

ven though we are the counselors, we can learn a lot from our clients…

As attorneys, we have the unique opportunity and duty to help people. But I have learned that our clients can also teach us a lot, especially if we take time to pause and reflect. Allow me to tell one story that illustrates this point. My client has given me permission to share the story as well as the pictures I have included.

Anthony F. Sos, Esq.

Tom Smith

I had the privilege of representing the estate of an inspiring individual whose name was Tom Smith. Tom lived in Chicago and was a partner accountant at Ernst & Young. He and his wife had four kids. In the mid-nineties, Tom lost both of his legs to a rare disease that doctors knew little about at the time called homocysteinemia. Do not despair. This is not intended to be a sad story. You see, Tom never allowed his double-amputee status to interfere with his happiness and drive to enjoy life to the fullest.

Tom Smith wins best costume at Halloween party

After Tom’s wife passed away, he decided, at the age of 81, to retire to Florida. He wanted to be closer to his kids and grandkids, including his grandson Brian, who lived in Orlando and was in his twenties at the time. Tom asked Brian what he thought of having his 81-year-old grandfather as a roommate.

Here’s how Brian recalled that moment: “I was thrilled to death. I was stoked. Wow. I can’t even begin to explain the emotion and excitement.”

I wasn’t expecting that. Brian’s reaction seemed so genuine, yet I found it hard to believe that someone his age would be legitimately excited about the prospect of having his grandfather as a roommate.

It made me want to know more about Tom. What was it about his character that garnered such a response?

After moving to Florida, Tom made a point to stay active. He found enrichment through travel, family, and friendships. He was warm, generous, and fun loving. He bought annual passes to all the parks and visited Kennedy Space Center often. On any evening you might find him doing karaoke at his house. One year for a Halloween

costume party, Brian’s girlfriend told Tom she planned to dress up as a “high-class hooker.” Tom then insisted that he go, too – as her pimp. Donning a purple plush velvet suit with a shaft hat and fake cigar, he went all out. And Tom Smith, the purple-suited pimp powering around the party in his scooter, won best costume.

Sadly, on March 28, 2008, while, driving a van specially equipped for his disability, Tom was rear-ended by a tractor-trailer. He died at the age of 83. True to his generous spirit, he had been on his way to buy gifts for friends who were coming to town to visit him that evening.

Part of my firm’s job in representing his estate was to learn who Tom was to his family. When we asked his adult son to tell us about his dad, he paused for about a minute and then said this: “You know, my dad had four kids, and we are all vastly different, but the thing about my dad was, he met each one of us where we were in life.”

In preparing to write this “President’s Message,”

You know, my dad had four kids, and we are all vastly different, but the thing about my dad was, he met each one of us where we were in life.

The answer: Despite his losses, age, and physical limitations, Tom maintained a zest for life that was infectious.

continued page 30

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PAGE 3

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theBriefs October 2019 Vol. 87 No. 8

OCBA LuncheonThursday, October 24, 2019

What the ABA is Doing for Equality, Liberty, and Justice

J

Judy Perry Martinez, Esq. President American Bar Association

udy Perry Martinez, Esq., of Simon, Peragine, Smith & Redfearn in New Orleans, is president of the American Bar Association, the world’s largest voluntary professional organization with more than 400,000 members.

Over the past 35 years, Martinez has held various leadership positions with the ABA, including chair of the Standing Committee on the Federal Judiciary, which evaluates all nominees to the federal bench. Earlier, she served as the ABA’s lead representative to the United Nations and as a member of the ABA Board of Governors and its executive committee.

She also has served on numerous ABA committees dealing with critical issues in law and society. She served as chair of the ABA’s Presidential Commission on the Future of Legal Services and its Commission on Domestic Violence. She was a member of the ABA Commission on Women in the Profession, the ABA Task Force on Building Public Trust in the American Justice System, and the Council of the ABA Center on Diversity.

Between 2003 and 2015, while at Northrop Grumman Corporation, Martinez served as assistant general counsel-litigation before becoming vice president and chief compliance officer in 2011. After retiring from the aerospace technology industry, she spent a year as a fellow in residence at the Advanced Leadership Initiative at Harvard University. Martinez returned to Simon, Peragine, Smith & Redfearn, where she had worked as a commercial litigator from 1982

to 2003, rising to partner and member of the management committee.

Martinez has held several leadership positions within the New Orleans and Louisiana State Bar associations, and she served on the board of the Innocence Project-New Orleans, the Louisiana Endowment for the Humanities, and as an officer of the World Justice Project. She also has served as a Distinguished Access to Justice Pro Bono Fellow for Southeast Louisiana Legal Services.

Among her various honors, Martinez received the Sam Dalton Capital Defense Advocacy Award from the Louisiana Association of Criminal Defense Counsel, the Distinguished Attorney Award from the Louisiana Bar Foundation, the Alliance for Justice Award from the National Gay and Lesbian Law Association, and the Michelle Pitard Wynne Professionalism Award from the Association of Women Attorneys. She was honored in 2017 with the Louisiana State Bar Association’s David A. Hamilton Lifetime Achievement Award and the New Orleans Bar Association’s Presidents’ Award.

She is a member of the board of directors of the American Bar Foundation, a fellow of the American Bar Foundation and the Louisiana Bar Foundation, and a member of the American Law Institute.

Martinez earned her bachelor’s degree from the University of New Orleans and her juris doctor, with honors, from Tulane Law School.

Embassy Suites by Hilton Downtown Orlando Thursday, October 24, 2019

Title sponsor:

11:30 a.m. – 1:00 p.m.

191 E. Pine St., Orlando, FL 32801 Co-host: Central Florida Association for Women Lawyers Title Sponsor: Florida Lawyers Mutual Insurance Company Please RSVP by Monday, October 21, 2019 orangecountybar.org/store RSVPs and CANCELLATIONS will not be accepted after October 21, 2019 To cancel, contact Ashley Norris at ashleyn@ocbanet.org

Supporting sponsors:

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PAGE 5

ProfessionalismCommittee

Call for Nominations

M Robert W. Borr, Esq.

Past Award Recipients

William B. Trickel, Jr. Professionalism Award 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009

Nicholas A. Shannin Glenn A. Adams Charles T. Wells Emory H. Rosenbluth Jr. Herbert Lee Allen, Jr. Rafael E. Martinez Hon. James A. Edwards Matthew G. Brenner Patrick M. Magill Leon H. Handley Mary Anne De Petrillo

whether you have been practicing for two years or two decades, you can help others learn the ropes.

–Hon. James A. Edwards (2013 William B. Trickel, Jr. Professionalism Award) There are many professional tests. One test is how you react when you encounter unprofessionalism.

In the heat of the moment, rise to the occasion and exercise patience. Be kind, be diligent, and find someone you can talk about it with, if needed.

– Anthony F. Sos, Esq. (2015 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award) The James G. Glazebrook Memorial Bar Service Award is presented to a state or federal judge who best demonstrates service to and support of the legal profession and the Legal Aid Society of the Orange County Bar Association, Inc., is dedicated to professionalism both in and out of the courtroom, and is a leader in promoting professionalism, including civility, integrity, and respect for the legal system. Upon receipt of the award, the Honorable John Antoon, II, remarked: The judges who best exemplify professionalism understand how important it is that all parties be given a meaningful opportunity to be heard. Sometimes it is more important to litigants that they tell their side of a story than that they receive a favorable decision...

– Hon. John Antoon, II (2013 James G. Glazebrook Memorial Bar Service Award)

y fellow members of the legal community, it is that time of the year again. We are now accepting nominations for the 2020 OCBA Professionalism Awards. The submission deadline is October 31, 2019. Every year, the Professionalism Committee recognizes individuals whose conduct and career stand as a model of success built on unquestioned professionalism, service, civility, integrity, and respect for the legal system.

Those attorneys who have practiced law for 15 or more years are eligible to be nominated for the William B. Trickel, Jr. Award, and those who have practiced less than 15 years are eligible to be nominated for the Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award. Please take a moment to reflect upon the remarks of four past award recipients: Society desperately needs us to be a presence for good. We need, just as desperately, the good will of society. By quietly and confidently going about our noble profession; by being ever-mindful that we are admitted to practice to serve not only our clients, but society as a whole; by being worthy of the trust that arises from the wonderful privilege of being entrusted with protecting the rights, lives, and property of others, we satisfy that obligation.

– Leon H. Handley, Esq. (2010 William B. Trickel, Jr. Professionalism Award) You know a lot about professionalism already... Be a hero. Share what you know with those who are starting out in the practice of law. It doesn’t matter

2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996

Council “Butch” Wooten, Jr. Kirk N. Kirkconnell William B. Wilson Michael P. McMahon Warren W. Lindsey Bruce B. Blackwell Ava K. Doppelt Hon. Sally D.M. Kest R. Lee Bennett Chandler R. Muller Darryl M. Bloodworth Hon. John Marshall Kest Hon. Gregory A. Presnell

1995 Jules S. Cohen 1994 David B. King

Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award 2019 2018 2017 2016 2015 2014 2013 2012

Ryan Williams Amber N. Davis Karen L. Persis Kristopher J. Kest Anthony F. Sos LaShawnda K. Jackson Richard S. Dellinger Ryan E. Davis

2011 Penelope Perez-Kelly 2010 Cara M. Dobrev 2009 Hon. Heather Pinder Rodriguez 2008 Liz Foshee McCausland 2007 Diego “Woody” Rodriguez 2006 Thomas A. Zehnder 2005 Nicholas A. Shannin 2004 Tad A. Yates

James G. Glazebrook Memorial Bar Service Award

2017 Hon. Arthur B. Briskman 2016 Hon. David A. Baker 2015 Hon. Bob LeBlanc 2014 Hon. Faye L. Allen 2013 Hon. John Antoon, II 2012 Hon. Belvin Perry, Jr. 2011 Hon. John Marshall Kest 2010 Hon. Lawrence R. Kirkwood 2009 Hon. Alice L. Blackwell 2008 Hon. Emerson R. Thompson, Jr.

2019 Hon. Frederick J. Lauten 2018 Hon. Daniel E. Traver

Nomination forms and instructions for each of the three awards can be found on the OCBA website.

For additional information, please contact Professionalism Awards Committee chair, Kate Hollis, Esq., at khollis@Orlandolaw.net. The committee looks forward to receiving your submissions.

PAGE 6 www.orangecountybar.org

Robert W. Borr, Esq., practices securities law with Trowbridge Sidoti LLP based in Southern California. He also practices in the areas of real estate, business, and civil litigation. He has been a member of the OCBA since 2011.

theBriefs October 2019 Vol. 87 No. 8

Chief’sColumn

Business Court Reopens – Time to Get to Work!

Never doubt that a small group of thoughtful, committed citizens can change the world.

Indeed, it’s the only thing that ever has.

– Margaret Mead

A The Honorable Donald A. Myers, Jr. Chief Judge Ninth Judicial Circuit Court

mere 16 months after the Ninth Judicial Circuit reluctantly shuttered its doors, October marks the reopening of the circuit’s heralded business court division. The timeframe might suggest this was a simple, easy process, but reopening the division was in no way a small feat. Nor was it an accomplishment of the circuit’s efforts alone.

It was a tremendously difficult decision for former Chief Judge Fred Lauten to close business court.

But, with its closing, he was able to leverage not just the resources of the court, but also the resources of our community. As the circuit shifted judges to the family division to ease the burden of expanding caseloads and long wait times, the community shifted its resources to advocate for business court. The collective effort was remarkable. Local attorneys, businesses, chambers of commerce, rotaries, and court users called and wrote their legislators and urged funding for additional seats on the bench in the Ninth Circuit.

Many organizations traveled to Tallahassee to highlight the important contribution business courts make to the economic health and development of this state and strongly advocated for a dedicated business court in Central Florida.

This reopening is a testament to what a group of thoughtful, committed people can accomplish together. Thank you for your dedication and the commitment you have shown the courts and this community.

The business court is a great example of what adequate resources allow the courts to accomplish.

The purpose of the business court is to address business litigation cases in an effective and efficient manner. The procedures of the court streamline the process to bring cases to resolution in a timely and, frequently, expedited manner. A dedicated judge brings a higher level of expertise

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to bear on complex business cases, increases consistency in rulings on similar/recurring issues, and allows the court to be proactive in case management. As a result, business litigants experience a higher level of predictability and certainty, two key elements that are required for successful business planning and serve to attract business to the region.

We are excited for this reopening, but there is more yet for us to do.

Central Florida is a booming region. Our population grows at a net pace of 1,000 people per week.

In the last 19 years, Orange County’s population increased by 54%, and Osceola County grew by 113%. Experts tell us the population in our region will approach 5.2 million residents by 2030.

As a result, we anticipate that the circuit will continue to require additional judges to meet the growing needs in all of our court divisions.

While the Florida Supreme Court certified the Ninth Circuit for two additional seats on the circuit bench in 2019, only one seat was funded. We are incredibly grateful for the opportunity that one judge brings to reopen our business court, but the needs are greater and growing. This year, the circuit anticipates an additional need for two more circuit judges and one county judge. As we prepare for another legislative session, I am hopeful that we can come together again as that thoughtful, committed group of citizens. I invite you to join me in continuing to support growth in our circuit and to advocate for the needs of the community we serve.

The Honorable Donald A. Myers, Jr., is the chief judge of the Ninth Judicial Circuit. He was elected to the Circuit Court for Orange and Osceola counties in 2010 and served in many capacities in the circuit, most recently as a circuit court judge assigned to the domestic division and as the administrative judge for appeals to the circuit court. He has been a member of the OCBA since 1980.

PAGE 7

Clerk’sCorner

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

Clerk of Courts’ Criminal Division on the Move

am always looking at new ways to be innovative and efficient and to enhance services for all of our customers at the Clerk’s Office and, of course, many of our customers are attorneys. To that end, you recently may have seen changes with a few of our divisions at the main courthouse.

The customer service front counter of our criminal division, which includes criminal payments, criminal hearing information, and collections, has moved to the traffic division in suite 410.

This means these divisions’ front counters are located together. The move has helped consolidate resources and now provides a centralized, onestop location for all payments. Attorneys will find a separate ticket selection on the kiosk that places them directly in the attorney que while they wait for service.

Attorneys who are accustomed to getting certified copies of court documents in our old criminal division can now obtain certified copies in our records division on the first floor in suite 150.

Another new enhancement my office launched in the last year can alleviate a trip to the courthouse altogether for certified copies of documents. With our new shopping cart feature, you now can order and pay online for copies of court records and documents, both certified and non-certified.

As an attorney and party to a case, with your registration, you can get copies of court documents 24 hours a day, 7 days a week from our website at www.myorangeclerk.com.

Finally, criminal intake, appeals, and sealing/expungements are now located in suite 210 to better serve law enforcement, bondsmen, and other agencies who use our services.

The goal of these moves is to improve the service my office provides to all of our customers, and I hope these changes will be a welcomed improvement going forward.

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

On the cover: Ninth Judicial Circuit Active and Alumni Judges Gail A. Adams Stetson University Faye L. Allen Florida A&M University Alan S. Apte University of Miami Jeffrey L. Ashton University of Florida Denise Kim Beamer University of Florida Maureen Bell University of Florida Jeanette Dejuras Bigney University of Illinois Alice L. Blackwell Furman University Mark S. Blechman University of Florida Luis F. Calderon University of Florida Andrew L. Cameron Michigan State University Tina Caraballo University of Florida Keith A. Carsten University of Florida Amy J. Carter Michigan State University Nancy L. Clark University of Florida Patricia A. Doherty University of Florida

PAGE 8

Eric H. DuBois Brian F. Duckworth Robert J. Egan Jenifer M. Harris Heather L. Higbee Evellen Jewett Steve Jewett John E. Jordan John Marshall Kest Sally D.M. Kest Lawrence R. Kirkwood Michael Kraynick Gisela T. Laurent C. Alan Lawson Bob LeBlanc Diego Madrigal, III Adam McGinnis

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

www.orangecountybar.org

Lisa T. Munyon Michael Murphy Julie H. O’Kane Charles N. Prather Heather Pinder Rodriguez Margaret H. Schreiber Laura Shaffer Patricia L. Strowbridge Diana M. Tennis Emerson R. Thompson, Jr. Janet C. Thorpe Thomas W. Turner Kevin B. Weiss Keith F. White Carly S. Wish Tom Young

University of Florida University of Florida Florida Atlantic University Stetson University Florida State University Duke University Stetson University Michigan State University University of Florida University of Florida Union College Ball State University University of Florida University of Central Florida University of Arizona Texas Tech University

theBriefs October 2019 Vol. 87 No. 8

Special

O

Cathy Tucker, Attorney at Law, Legal Aid Society Deputy Director and Pro Bono Coordinator, Retires

n July 31, 2019, after almost 33 years of service, Catherine A. Tucker, Esq., retired from the Legal Aid Society of the Orange County Bar Association, Inc. When Cathy came to Legal Aid, only about one-third of our OCBA members were taking pro bono cases or paying the in-lieu-of-service fee. She amazingly changed all of that so that the majority of members now participate in some fashion. Over the years, she has done a spectacular job of increasing pro bono through recruiting, training, and retaining our attorney volunteers; developing pro bono alternatives and projects; and keeping up with the latest technology to provide support and assistance to volunteers. Cathy has also handled many, many litigation cases in a variety of areas over the years, including a major case that gathered national attention on behalf of a GAL child. Her case-handling experience made her an excellent mentor to volunteer lawyers.

Cathy has served in many leadership roles locally and statewide on access to justice issues, including pro bono efforts to increase financial stability for clients and filing fees for the indigent, among many other issues for poorer Floridians.

Cathy has touched the lives of thousands of individuals in Central Florida and is well loved and respected among members of the OCBA community. Please join us in wishing Cathy the best in her retirement and our thanks her for her many years of service.

Mary Anne De Petrillo, Esq. Legal Aid Society Executive Director

9th Annual Breakfast of Champions Amanda Silvestris, Donna Haynes, Cathy Tucker

2018 VITA Tax Clinic – Nancy Barnette, James Savius, Marilyn Carbo, Ed Milford, Cathy Tucker

Cathy Tucker, Larri Thatcher

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Special out-of-town guests attended Cathy’s retirement celebration: Robert L. Johnson, Jr., Executive Director, Brevard County Legal Aid, Inc., and Marcia Green, Pro Bono Coordinator/ Paralegal, Three Rivers Legal Services, Inc. Marcia is the president of the Florida Pro Bono Coordinators, an organization Cathy served as president for many years.

Cathy Tucker Mary Anne De Petrillo

Bill Davis, Jr., Past President of the Legal Aid Society Board of Trustees www.orangecountybar.org

PAGE 9

Criminal LawCommittee

I

Injunctions Are Not Just Civil

njunctions (a.k.a. restraining orders or protection orders) feel like they fall somewhere between civil and criminal law. They are civil by law but feel like criminal by operation and effect.

A final order of injunction can create a permanent and public record that will very likely affect a person’s ability to live in certain places, get a job, become a citizen, or obtain a security clearance.

Additionally, the person can be placed on “probation,” requiring them to report with the court Thomas B. Feiter, Esq. on regular intervals, and, if they “VOP” (violate probation), they can go to jail. I use quotations because civil injunctions do not result in criminal probation, and they do not always result in a criminal violation of probation. Nevertheless, while injunctions are categorized as civil, the effects of them are undeniably criminal.

In this quasi-criminal realm, both parties are provided far fewer resources, help, and guidance than in the criminal justice system. Assistant state attorneys are not assigned to these cases to help the petitioner/victims, although many counties have free victim advocates who provide support (e.g., Legal Aid Society of the Orange County Bar Association, Inc.; Harbor House of Central Florida; Help Now of Osceola). Assistant public defenders are not provided to respondents, who are on their own to find and pay for an attorney. As a result, judges have the challenging task of having to resolve matters with one or two pro se parties.

Injunctions often occur concurrently with a civil or criminal case, either at the advice of an attorney, friend, or law-enforcement officer. More and more, however, I believe they are being Criminal Law Injunctions Civil Law initiated independently because of the parties’ access to online resources. Oftentimes, neither party seriously appreciates the consequences of an injunction nor understands the process.

Do not make the mistake of telling a client that civil injunctions are no big deal. They are! I have met with countless clients whose lives were significantly affected years down the road because of an injunction that they did not oppose. Many clients tell me the same thing: my lawyer/friend/ colleague told me not to worry about it.

Injunctions fall under several categories that sound like criminal offences: domestic violence; dating violence; repeat violence; sexual violence; PAGE 10

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stalking; and the newly enacted category, exploitation of a vulnerable adult.

Here are some pointers about injunctions: 1. The burden of proof is on the petitioner.

2. The standard of proof is by a preponderance of the evidence.

3. The court’s ruling must be supported by competent, substantial evidence.

4. Injunctions are maintained in the public record.

5. There is a process for “sealing” injunction records under Florida Rule of Judicial Administration 2.420(c).

6. Attorneys’ fees may be awarded in certain injunction cases, according to our Supreme Court in Lopez v. Hall, 233 So. 3d 451, 453-54 (Fla. 2018).

7. Parents can file an injunction on behalf of their children.

8. Depositions can (and often should) be taken in injunction matters.

9. It is perfectly acceptable to reach out to the other party (or their attorney, if they have one) to try to resolve the matter and reach a resolution short of going to court and having a trial or final hearing.

10. Witnesses can be called and evidence can be presented at the final hearing.

11. Violations of an injunction may be handled by the court that issued the injunction, or charges may be filed by the local state attorney, as substantive violations are first degree misdemeanors.

12. A great resource on injunctions is Florida’s Domestic Violence Benchbook, which is published by the Office of the State Courts Administrator.

Private practitioners have the unique opportunity to litigate on both sides of injunctions. When you represent a petitioner, you are acting more or less like a prosecutor. You listen to a client’s version of events, decide whether you and your client want to use your time and skill to go after the other person, and then seek an injunction. You may also decide to voluntarily dismiss your case for an injunction. When you represent a respondent,

continued page 32

theBriefs October 2019 Vol. 87 No. 8

12th Annual

NEW ON ATI LOC ATE! &D

Breakfast of Champions

Thursday, November 21, 2019 AMWAY CENTER 400 WEST CHURCH STREET ORLANDO, FLORIDA 32801

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

Doors open at 7:00 a.m. for networking Reservations required

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

SPONSORSHIPS AVAILABLE: Platinum Gold Silver Copper Bronze

www.legalaidocba.org Go to Donate, click on Breakfast of Champions and fill out 2019 Sponsorship information.

To Benefit

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

For sponsorship or to make donations, visit:

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

SPONSORSHIPS INCLUDE: Recognition in the BRIEFS magazine and at the event on overhead screens. Larger sponsors receive longer airtime and larger print font in marketing materials.

FOR MORE INFORMATION CONTACT:

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

FREE PARKING in the GEICO Garage

25 West South Street, Orlando, Florida 32801 *From the GEICO garage take the elevator down to the first floor. Walk directly across the street and a employee/ security entrance side entry door will be open. Another first floor entry will be open on Hughey and Church street near the Orlando Magic Team Shop. The Breakfast of CHAMPIONS will be held on the event level.

For Construction Information: I4ultimate.com

A COPY OF THE OFFICIAL REGISTRATION AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE (800) 435-7352 WITHIN THE STATE OR AT WWW.FRESHFROMFLORIDA.COM. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE.

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PAGE 11

Legal Aid SocietyNews

G Coravious L. Cowart, Esq.

2019 Legislative Update

uardians ad Litem work every day to improve the lives of the children involved in the child welfare system. This is generally accomplished by advocating in court, attending case staffings, and providing advocacy in areas that may have a greater impact on more than just a child’s dependency case, such as GAL advocacy at educational meetings. Despite the day-to-day groundwork done by GALs, there is another area in which we work to ensure better outcomes for our dependent children: legislative advocacy. Each year, the Statewide GAL Program drafts, proposes, and supports bills it believes will improve the lives of children in the dependency system. Thanks to the continuously strong voice of our GALs, Orange County is heavily involved in these legislative advocacy efforts.

During the 2019 Florida legislative session, the Legal Aid Society of the Orange County Bar Association, Inc., championed a bill we believe will improve outcomes for our children. Senate Bill 124, also known as “Charting a path towards a positive future,” addresses the issues that arise when a dependent child is involved in multiple court proceedings and jurisdictions. Upon turning 18, some dependent children may need a probate court to appoint a guardian and others are involved in delinquency proceedings. After hearing from volunteer attorney GALs and staff attorneys, Legal Aid staff and board members met with our local legislators to ensure the bill’s successful passage.

Because of an inability to keep all children who are removed from their homes in a local placement, children are often placed in distant counties. This out-of-county child placement means that many of the Orange County dependent child’s legal proceedings are held in counties other than Orange and circuits other than the Ninth Judicial Circuit. When placement moves for a developmentally delayed youth in need of a guardian, the circuit with jurisdiction over the dependency case loses jurisdiction to appoint a guardian for the youth. Senate Bill 124, signed into law by Governor DeSantis on April 26, 2019, addresses this by creating an additional guardianship venue in the county with jurisdiction of the dependency case, amending Florida Statutes sections 744.1097, 985.43, 985.441, 985.455, and 985.461.

This is an important provision since many of the potential guardians for these youth, who are usually relatives or another adult with a significant involvement in the youth’s life, remain in the Orange County area. The potential guardian can

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now initiate guardianship proceedings locally, where the court is likely to be familiar with the special needs of the youth.

This legislation further addresses issues with dependent children who are also involved in juvenile justice proceedings. It permits the court, before making a final disposition in juvenile proceedings, to receive and consider any information provided by the GAL and the child’s attorney ad litem, if appointed, when the child is also under the jurisdiction of a dependency court. It also requires the Department of Juvenile Justice to notify the dependency court, the Department of Children and Families and, if appointed, the GAL and the child’s attorney ad litem before transferring a dependent child who is in the custody of the Department of Juvenile Justice from one facility or program to another. In addition, the legislation permits a court, when it receives a quarterly report in juvenile proceedings, to receive and consider any information provided by the GAL or the child’s attorney ad litem, if appointed, if the child is under the jurisdiction of a dependency court. These new requirements regarding dependent youth involved in delinquency proceedings allow for more information sharing among the various agencies and courts and will improve the outcomes for these children.

GALs often can provide key information to more than just dependency courts to aid in determining what services are best for a youth.

The work done by our GALs is invaluable and impossible to replace. Outside of individual caregivers and siblings, GALs know their dependent children better than almost anyone else in their lives. This knowledge allows GALs to recognize systemic flaws and address them through legislative means. The legal revision championed by Legal Aid addressed one of those major flaws, and we look forward to contributing to future legislation. Stay tuned for 2020.

For more information about being a GAL, please contact Coravious Cowart, Esq., Guardian ad Litem Program litigation director, at 407-8418310, or ccowart@legalaidocba.org. For more information about how to become a financial donor or help with our fundraising efforts, including the 12th Annual Breakfast of Champions, please contact Donna Haynes, development director, at 407-515-1850, or dhaynes@legalaidocba.org.

Coravious L. Cowart, Esq., is the Guardian ad Litem Program litigation director at the Legal Aid Society of the Orange County Bar Association, Inc. He has been a member of the OCBA since 2012.

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Legal Aid SocietyTeaching Tips

T Hannah N. Farber, Esq.

Understanding Orange County’s Affordable Housing Crisis

he lack of affordable rental housing for lowincome tenants in Orange County and statewide has received considerable media attention in recent months. As the housing attorney at the Legal Aid Society of the Orange County Bar Association, Inc., I encounter the impact of the housing crisis on a regular basis. As a result, I thought I would share some information that is useful in understanding the causes of this crisis and the effect on low-income tenants in our community.

A recent rental market study prepared by the Shimberg Center for Housing Studies at the University of Florida found that statewide the number of renters in Florida has steadily increased from 1.8 million renters in 2000 to 2.6 million renters in 2017. Most of this increase consisted of low-income renters whose income is at or below 60% of the Area Median Income (“AMI”). While hundreds of thousands of rental units have been added to meet this demand, by 2017 only 39% of the units are rented monthly for $1,000 or less. This has resulted in a significant increase of low-income households that are “cost burdened,” which means the tenants pay more than 40% of household income on rent and utilities.

Locally, Orange County has more than 223,000 renter households and, of those households, 30% (more than 67,000 households) are low-income and cost burdened. Simply put, there are not enough affordable and available units for low-income renters. A unit is “affordable” when a household pays no more than 30% of income on rent.

In the Orlando area, there is a deficit of more than 79,000 rental units for low-income renters. The hardest hit by this deficit in affordable and available housing are very-low income renters earning at or less than 30% of AMI. For every 100 verylow income households, only 15 units are affordable and available. Of those 15 vacancies, some units may be in poor or substandard condition, with electrical or structural problems.

With the growing number of low-income renters, the growing impact of adverse economic pressures, and the lack of affordable and available housing, the number of evictions filed in Orange

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www.orangecountybar.org

County has drastically increased from 2,424 evictions filed in 2008 to 10,292 evictions filed in 2018. Orlando’s low-income renters, paying 40% or more of their monthly income on housing, are living paycheck to paycheck and may face eviction after experiencing just one minor setback, whether it’s a car breaking down, health issues, or loss of employment. An eviction action is filed with the Clerk of Courts. This court action can never be removed from the clerk’s records, making it very difficult for renters to find other housing because landlords frequently check the court records before renting.

At Legal Aid, we meet with low-income tenants at various stages in the eviction process and other housing disputes. In many of our meetings, we must compassionately convey the unhappy news to tenants and their families that they must immediately begin packing and moving because of Florida’s quick eviction process. What has been most challenging is knowing that these tenants and their families will have a very difficult time finding affordable housing and the vulnerable position in which they are placed. Low-income tenants are often forced to accept poor living conditions since that is all that they can afford and because there is always someone more desperate and willing to take their place. Given this situation, it is essential that they understand the applicable laws to help steer them away from situations that might result in an eviction.

For more information, please contact Hannah N. Farber, Esq., Legal Aid Society staff attorney, at hfarber@legalaidocba.org, or 407-841-8310. For more information about how to become a financial donor or help with our fundraising efforts, including the 12th Annual Breakfast of Champions, please contact Donna Haynes, development director, at 407-515-1850, or dhaynes@legalaidocba.org.

Hannah N. Farber, Esq., is a staff attorney at the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2014.

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Legal Aid SocietyWhat We Do...

T Ronnie A. Syme, Esq

Advocating for Crossover Children in the Ninth Judicial Circuit Unified Family Court

he staff attorneys in the Legal Aid Society of the OCBA, Inc., Guardian ad Litem Program all have a specialty area of practice so we can meet the unique needs of our special, dynamic, and deserving dependent children. For example, the GAL department has an attorney on staff who focuses on children with mental health issues, another with expertise in the laws impacting youth transitioning out of foster care, one with specific knowledge of public benefits and services available for developmentally disabled youth, and one with knowledge of educational issues. My area of focus is crossover children. Crossover children are those involved in the dependency court system because they were abandoned, abused, or neglected and who are also in the juvenile delinquency system because they have been arrested and charged with committing a delinquent act. These children have cases that are complicated and encompass a wide range of issues that require special attention.

In Orange County, two judges oversee juvenile cases in the unified family court (“UFC”). Under the “one family, one judge” model, a single judge hears both the dependency and delinquency cases of a crossover child. The reasoning is that if one judge has a comprehensive picture of the child’s entire legal situation, the judge can make betterinformed decisions, secure the most appropriate services for the child based on this heightened knowledge, and ultimately help the child begin to overcome what is likely to have been a traumatic, unstable past. This is rarely an easy endeavor, but it is always a worthwhile one.

There are many people involved in a UFC case, including state attorneys, public defenders, juvenile probation officers, case managers, Department of Children and Families (“DCF”) attorneys, GAL attorneys, and sometimes an attorney ad litem. In Orange County, we have been able to obtain better results on behalf of dependent children when all the parties are able to work together because each party is able to provide key information that aids the judge in making his or her decision.

One of my most gratifying crossover outcomes was secured for my GAL client, “Ben.” Ben is a 16-year child who was a victim of sexual abuse until the age of five, when his biological parents’ rights were terminated in the state of Michigan.

Ben was then placed in foster care where, eventually, he was adopted and started his new life with his new family. Life was an uphill battle for Ben. Ben has mental health issues, complex medi-

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cal needs, and has an intellectual disability. His dependency case was opened in Florida when he was arrested for an incident while he was with his adoptive family on vacation. His family refused to pick him up upon his release from detention.

At the age of 15, after being in foster care for one year, his adoptive parents’ rights were terminated.

In Ben’s case, his adoptive parents surrendered their rights. For Ben, losing two families by the age of 15 was confusing and traumatic. He felt like his adoptive parents “gave him back.”

In his delinquency case, Ben was very fortunate to have a wonderful public defender who remained on his case from its inception. She was a strong advocate and zealously represented his rights.

She was able to go to trial, and Ben was found guilty of a misdemeanor instead of the felony he was originally charged with. Ben has come to count on and trust her. For a child who had been moved from group home to group home and had bounced around to multiple counties’ juvenile detention centers, this was no easy feat. Ben’s public defender was consistent and reliable, something that is often lacking within the juvenile dependency system. This, along with her presence in court, directly benefitted Ben. Unfortunately, Ben’s professional dependency social service team has changed frequently. He has had multiple dependency case managers and DCF attorneys and has been unable to form the bonds with adults that are so necessary for all children to have. Although he formed relationships with some of the workers at his group home, changes in staff, Ben’s Baker Acts, and his stays at juvenile detention centers have not allowed him to establish many long-term relationships with adults. There is a lack of consistency and stability in Ben’s life.

The Guardian ad Litem Program was appointed to represent Ben when his dependency case opened.

We visit him regularly and attend his case staffings and every court hearing to advocate for what we believe is in his best interests. He has come to understand that we are also people he can count on. I was present at every one of his UFC hearings so he could see that he had someone supporting him and on his side.

When it came to disposition of the juvenile delinquency case, the court ordered a pre-disposition report, which is a document that provides a comprehensive assessment of a youth’s needs, as well as

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needs. Some of our crossover children are college bound, on the honor roll, and hold after school and summer employment. They are on their high schools’ homecoming court. As a volunteer attorney GAL, you have the ability to choose the type of dependency case and the types of legal issues that best suit you. No matter what child you choose to serve, know that Legal Aid will be with you at every stage of the case and that your dependent child will appreciate you every step of the way.

For more information about becoming a GAL, please contact Ronnie Syme, Esq., Legal Aid Society of the Orange County Bar Association, Inc., GAL Program staff attorney, at rsyme@legalaidocba.org, or 407-841-8310. For more information about how to become a financial donor or help with our fundraising efforts, including the 12th Annual Breakfast of Champions, please contact Donna Haynes, development director, at 407-515-1850, or dhaynes@legalaidocba.org.

a staffing. The nature of the offense was of great concern to the judge, who wanted to ensure that an overall picture of the services Ben would need were presented prior to sentencing. In addition to reports from psychiatrists and counselors, representatives from all of the agencies noted above attended and were able to provide the comprehensive information the judge needed. Our GAL Program fought hard to ensure that the judge was aware of everything in both the dependency and the delinquency case before sentencing Ben. Ben recently was placed in a Department of Juvenile Justice program. I was able to ensure that he would receive comprehensive services, including medical care, mental health services, counseling, and education. Ben will get past the hurdles in his life. He will be discharged from the juvenile justice program within the next nine months and begin to look toward his future. He is always searching for his “forever home,” and we will be by his side to try to ensure that he finds one and will continue to get the counseling he needs. Ben will always know that he has people in his corner.

That is something that makes my job as Ben’s GAL so rewarding and important.

Like Ben, most crossover children are between the ages of 13 and 17. Unlike Ben, not all have a host of complex social and legal

Ronnie A. Syme, Esq., is a staff attorney in the Guardian ad Litem Program of the Legal Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2013.

Professionalism Award Nominations Sought 2020 Awards

T

he OCBA Professionalism Committee is now accepting nominations for the

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

These awards are the most prestigious awards presented by the OCBA each year. Recipients must be individuals whose conduct and career 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., Thursday, October 31, 2019.

If you have any questions, please contact Jenny Brown, Executive Director, at 407-422-4551.

Just as the coach of a finely tuned rowing team keeps his crew in sync, mediator Lawrence Kolin drives parties to pull their negotiations together. Tap Lawrence’s unique vision to guide your course to settlement.

For more information about Upchurch Watson White & Max, visit UWW-ADR.com

Craftsmanship.

or call (407) 661-1123.

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www.orangecountybar.org

PAGE 15

PhotoOps Member Perks / Aug 7, 2019 Speaker: David B. King

Michael Barber Jessica Travis Kristopher Kest

Eric Reed, David King

David King Richard S. Dellinger Ava Doppelt

Nicolette Kramer Wynne McFarlin Jeremy Brown

CFLABOTA May 18, 2019 On May 18, 2019, the Central Florida Chapter of the American Board of Trial Advocates celebrated the 30th Anniversary of the chapter’s founding. Charter members in attendance were, from left to right, David King, Butch Wooten, Greg Miles, Harry Anderson, Jim Cunningham, John Fisher, Walt Ketcham, Sid Parrish, Karl Koepke, Jay Fraxedas, Hon. John Kest, and David Holbrook.

PAGE 16 www.orangecountybar.org

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Craftsmanship.

Just as an artist creates form and function from the barest materials, mediator

Kimberly Sands takes the elements of a dispute ~ the parties’ interests, strategy and emotions ~ and molds them into an elegant outcome.

Her key is communication, and she fashions the informed settlement as a work of art.

For more information about Upchurch Watson White & Max, visit UWW-ADR.com or call (800) 863-1462.

Orlando | Ormond | Ocala | Jacksonville | West Palm | Ft. Lauderdale | Miami | Birmingham

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PAGE 17

Linda Guilliam, Hillary Lyals, JoAnn Tucker-Hall, David Abrams

C. Andrew Roy, YLS President

Lauren Cross, Daniel Whitehouse, Julia Frey, David Yergey, Jr.

Justice C. Alan Lawson Hon. Gisela Laurent

Stephanie Alcalde Kimberlee Martin

Christina Kepner, Robert Rivera, Jessica Travis, Jill Davis, C. Andrew Roy Photos: Flo Boehm

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OCBA August Luncheon Aurora McCreary, Esq. August 22, 2019

Embassy Suites by Hilton Downtown Orlando Title Sponsor: Veritext Legal Solutions Aurora McCreary

Anthony F. Sos OCBA President

Hon. Tiffany Moore Russell

Kimberly Hosley

Kate Hollis

Lorissa Motilall Brandon Sapp CJ Bosco

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PAGE 19

Melissa Vickers, David Varet, Lydia LaBar

Former Chief Judges, Hon. Belvin Perry, Jr., Hon. Frederick J. Lauten

C. Andrew Roy, YLS President

Pledge of Allegiance

Orange Legal sponsor Jimmy Singh Vanette Augustin

Scott Leitner, Jonathan Gilbert, Fermin Lopez, David Kavanaugh, Frank Bedell, Wiley Boston, Richard S. Dellinger Maria Hupp, Veritext Legal Solutions Title Sponsor PAGE 20 www.orangecountybar.org

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OCBA “Passing of the Gavel” Luncheon The Honorable Donald A. Myers, Jr. Chief Judge, Ninth Judicial Circuit July 25, 2019

Embassy Suites by Hilton Downtown Orlando Title Sponsor: Veritext Legal Solutions

Chief Judge Donald A. Myers, Jr. Chief Judge Donald A. Myers, Jr. Anthony F. Sos, OCBA President

Swearing-In Ceremony conducted by outgoing Chief Judge Frederick J. Lauten

Hon. Heather L. Higbee

Deborah Cook

Anthony F. Sos, OCBA President

Chief Judge Donald A. Myers, Jr., and Debbie Myers Jennifer Smith Thomas

Photos: Flo Boehm

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EMPLOYMENT MEDIATION

PAGE 22 www.orangecountybar.org

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Special

New Lawyer Training Program Class of 2019

T

he gift that keeps on giving that will later give it back: The OCBA’s New Lawyer Training Program (“NLTP”). On August 16 and 17, the Orange County Bar Association held its 7th Annual NLTP and, as predicted, it was an exquisite event... the only disappointment would be for the not-so-new lawyers who wish this program had started 20 or Thank you to our more years ago. The OCBA does everything well, but teaching and mentoring sponsors: are at the top of the member benefits Seacoast Bank list. Our high-caliber NLTP teaching Milestone Reporting faculty, comprised of local judges and Florida Lawyers Mutual practicing attorneys, respectively lecInsurance Company tured attendees on 18 different topThomson Reuters/Westlaw ics. From a comprehensive tour of the HealthMarkets Insurance Orange County Courthouse and its Agency various functions, which began with an Clio inspiring pep talk from OCBA president U.S. Legal Support Tony Sos, followed by an hour-long welcome and instruction from Chief Judge LawPay Donald Myers, Jr., and Clerk of Courts Tiffany Moore Russell, to the dos and don’ts of everyday law practice, the attendees received multiple years’ worth of legal “wisdom” in just two days.

Some of us have had great lessons and teachers outside of academia, while some have had little to no mentoring at all; but for two consecutive days, the OCBA was able to facilitate connecting NLTP attendees with no less than 35 advisors. Several of these advisors were non-lawyers: Charlene Hotaling and Sydney Berube from Seacoast Bank, and judicial assistants Diane Iacone (Judge John Kest), Shenise Baker (Judge Chad Alvaro), and Lauren Burrows (Judge Luis Calderon), among others. Imagine if during your third year of law school or your first two years of practice you got to spend an hour with bankers advising you on money matters and business management, or an hour with three judicial assistants educating you on all the local rules and how to

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best keep a circuit court judge happy. Invaluable and, indeed, the gift that will keep on giving.

We look forward to these NLTP graduates giving it back, whether by representing their clients’ interests exponentially better, or by being part of the future cadre of NLTP lecturers.

A heartfelt hank you to the rest of our Program moderators Barbara NLTP faculty: Judges Eric Dubois, Leach and Fermin Lopez Chad Alvaro, Margaret Schreiber, Denise Kim Beamer, Keith White, and Andrew Cameron; Orange County Courthouse staff/personnel Genie Williams, Sgt. Mark Garcia, Emily Vazquez, Roberta Walton, Lourdes Diaz, Diana Carvajal, and Jessica Labelle; and attorneys Courtney Richardson-Jones, Lisa Gong Guerrero, Tom Feiter, Camy SchwamWilcox, Andrew Roy, Stephanie Alcalde, Kimberlee Martin, Kristopher Kest, Keshara Davis Cowans, Liz McCausland, Daniel Whitehouse, Michael Kest, Lyzette San Germain, and the undersigned counsel and NLTP moderators, Barbara Leach and Fermin Lopez. A very special thanks to our brilliant and diligent OCBA staff for organizing and coordinating every aspect of the NLTP: Karen Fast, Ashley Ann Norris, Joan Giovanni, and executive director, Jenny Brown.

Barbara J. Leach, Esq., is the managing attorney of Barbara Leach Law, PL, a boutique family law firm. She has been a member of the OCBA since 2007.

Fermin Lopez, Esq., is a plaintiff’s trial lawyer with Colling, Gilbert, Wright & Carter specializing in serious injury and wrongful death cases.

With sincere appreciation to Seacoast Bank for supporting the 2019 New Lawyer Training Program as our top sponsor and for investing in the future careers of students from Florida A&M College of Law and Barry University School of Law by sponsoring student scholarships.

www.orangecountybar.org

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ParalegalPost

W Patricia C. DeRamus, CP, ACP, FRP

Professional Networking: Simple Steps to Paralegal Networking

e’ve all heard the advice that networking is an important step for career success as a paralegal. It takes a village to have a successful career, and if you want to be successful, you need to spend time networking. You need to be smart and strategic. By going to events and conferences, meeting new people, and collecting and handing out business cards, you are on your way to finding the people who can provide valuable information, introduce you to others, share great practice tips, mentor and advocate for you, and support your career goals. To create an effective network, your efforts needs to be intentional and purposeful.

Consider what might be holding you back from being successful: • your mindset; • you limit your network; • you are not strategic; • you are not proactive; • you don’t schedule time to network; and • you don’t leverage relationships.

In order to create a strategic network: • start with your professional goals: What do you hope to achieve in 3 to 5 years?

• think about who you know and who can help you reach those goals; • build mutually beneficial relationships; • find allies and champions; • spend your time wisely by focusing on and nurturing relationships; and • attend organizational events and connect with potential contacts.

Networking is an important skill that brings value to your work and enhances your career. The more you practice communicating with paralegals and others, the more confident you become and the more likely you are to succeed in our profession.

Others can detect confidence; you’ll see this if you’re asked for your ideas and views.

It is customary to speak about your: • work and responsibilities; • skills and expertise;

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• professional challenges; • professional achievements; • experiences; and • goals.

In order to build professional status, it’s important to be visible to others – from work colleagues to potential employers. When you attend networking events, follow these tips: • listen attentively; • remember names; • follow-up on conversations, especially when promising to send contact details; • offer your expertise and knowledge; and • network often to increase your opportunities to meet the right people and develop face recognition.

These steps show that you are trustworthy, supportive, and knowledgeable. The more you know, the more desirable you are. Learning what other paralegals are doing is beneficial for everyone in the legal community and guarantees the maintenance of high standards. Your network becomes a fundamental resource for you.

There are many national and local professional associations you can join, and these associations host networking events, CLE seminars, workshops, conventions, and social events. Push yourself out of your comfort zone, make small talk, exchange business cards, add to your paralegal knowledge, and make friends. I promise you won’t regret it.

With today’s technology, social media has made professional networking even easier. Many paralegals use Facebook and Twitter, but the primary professional networking platform is LinkedIn. If you’re not familiar with LinkedIn, learn about it and set up an account.

To advance your paralegal career, you simply have to make a little effort to connect with legal professionals around you, whether in school, at professional events, or online. So, get out there and build your paralegal professional network!

Patricia C. DeRamus, CP, ACP, FRP, is a senior paralegal with the Office of the Attorney General, Certified Paralegal Division.

www.orangecountybar.org

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Battle of the Boards

Presidents Anthony F. Sos and C. Andrew Roy YLS Board Members Brandon Sapp Joey Chindamo Connor Kelly Andrew Irvin C. Andrew Roy Jill Davis Michael Barber Heather Meglino Stephanie Alcalde Kimberlee Martin

Camping World Kickoff Tailgate Party Front: CJ Bosco Middle: Tina Leger Heather Meglino Lisa Thomas Annie Kwong Jim Chung Back: Brock Hankins C. Andrew Roy Jason O’Neal Michael Barber Jill Davis PAGE 26

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YLS on the move

T

Andrew P. Irvin, Esq.

he third annual Battle of the Boards ended as it should have – with a Young Lawyers Section victory! After numerous battles of wit and skill, including solving Haiku puzzles created

by Nick Shannin, the Young Lawyers board prevailed over the OCBA Executive Council!

On August 16, at our monthly luncheon, we heard from David Henry of Marshall, Dennehey, Warner, Coleman, and Goggin. Mr. Henry delivered a comical, yet sensible message titled “Ten Things I Wish I Knew 30 Years Ago.” The YLS teamed up with the OCBA to organize the Camping World Kickoff Tailgate Party for the Miami vs. Florida football game on August 24, 2019. The tailgate included plenty of food and drinks with a live DJ. We also raised $5,000 for the Foundation for Foster Children through donations and sponsorships. Thank you, Connor Kelly, Alicia Kelly, Brandon Sapp, Michael Barber, Lisa Thomas, Jill Davis, and C. Andrew Roy, for organizing the tailgate. And a special thank you to Woody Rodriguez, president of the Foundation for Foster Children, for his donation of three very coveted parking spaces right next to the stadium that allowed this great event to happen.

On September 11, our Community Service Committee held the third annual BBQ & Bingo with the Vets at the VA Domiciliary in Baldwin Park.

We provided 4Rivers BBQ, conversation, and a few rousing rounds of bingo. The vets received prizes, gift baskets, and other items to meet the needs of those at the domiciliary. Thank you to our chairs, Vaughn Glinton, Becky Hameroff, and Madonna Snowden, for executing a very worthwhile event!

On Friday, September 13, our monthly luncheon featured Jerry Buting of Netflix’s Making a Murderer. The YLS co-hosted this luncheon, which turned into one of our largest luncheons, with the Tiger Bay Club and CFAWL. Mr. Buting gave an

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engaging and thought-provoking talk along with a question and answer session.

On September 21, the infamous YLS Gator Bus Trip left Orlando for Gainesville to attend the Tennessee vs. Florida football game. Thank you to Michael Barber and Andrew Kelly for planning this year’s bus trip. That is all I’m allowed to say about this event because what happens on the bus, stays on the bus.

Our 28th Annual OCBA/YLS Golf Tournament was held September 27, 2019, at the Ritz Carlton Grand Lakes. The tournament sold out and was a great success. Thank you to all of the sponsors who helped make the experience unforgettable and to Brittany Melendez and Brian Lawrence, who organized this signature event. The tournament’s success will help fund our many charitable programs for the rest of our fiscal year!

Finally, we are looking for young lawyers to participate in the YLS mentoring program. Through this structured program, young lawyers can mentor one or two local law students. The deadline to apply is October 11, 2019. Please email ocbaylsmentoring@gmail.com if you are interested.

Stay tuned for these upcoming YLS events: Oct. 18 – YLS Luncheon. 12:00 a.m.-1:00 p.m. (check-in: 11:30 a.m.-11:55 a.m.). Citrus Club.

Oct. 24 – Salvation Army Halloween Party Oct. 25 – Pink Party benefiting Libby’s Legacy Breast Cancer Foundation; 6:30 p.m.-9:30 p.m. at Park Social in Winter Park.

Dec. 4 – YLS Holiday Party at The Alfond Inn. And don’t forget to find us on Facebook, Twitter, and Instagram: @ocbayls #ocbayls #wedomore.

Andrew P. Irvin, Esq., of Irvin & Irvin PLLC, pursues injury and property damage claims for people who have been involved in car crashes. He has been a member of the OCBA since 2013.

www.orangecountybar.org

PAGE 27

Greater Orlando Asian American Bar Association

Private Screening of The Farewell

Leia Leitner, President Annie Kwong, Immediate Past President Leia Leitner, Jared Brooks, Aleisha Hodo, Anthony F. Sos, Jamie Billotte Moses

Central Florida Family Law Inn of Court Lorna Truett Natasha Bostick Michelle Lebron Nancy Weber Hon. Diana Tennis Hon. Tesha Ballou Stephanie Alvarez Samantha Sauer Melissa Utley Lori Caldwell Carr Josh Martell Andrew Windle Lee Sasser Gordon Shuey

< Year-end Party at Park Social

FBA and District Court Summer Series

Lorna Truett, Susan Staggs, Josh Martell, Natalie Hall, Mark O’Mara, Nancy Weber, Andrew Windle, Lori Caldwell-Carr, Hon. Heather Pinder-Rodriguez, Juna Pulayya

Hon. Paul G. Byron Law Students & Law Clerks

Federal Bar Association – Orlando Chapter

FBA and District Court Summer Series

Jamie White Hon. Leslie R. Hoffman Lauren Millcarek

Hon. Paul G. Byron, Law Students & Law Clerks PAGE 28

www.orangecountybar.org

theBriefs October 2019 Vol. 87 No. 8

SideBar

H

appy fall y’all! Here is a look at what our voluntary bar associations have been busy doing to welcome the cooler temperatures and best of all... pumpkin spice season!

CFAWL

Alena V. Baker, Esq.

The Central Florida Association for Women Lawyers had an amazing start to its fiscal year with its annual board and leadership retreat. President Jamie Billotte Moses and new board members prepared for the year’s theme, #CFAWLROCKS, and planned ways to celebrate and appreciate women in the legal profession. Luncheons so far have featured women speakers, including Florida Bar Board of Governor Renee Thompson, and topics such former CFAWL president Barbara Leach’s discussion on how to juggle all of life’s BIG rocks. Members also heard a trailblazing message from Melanie Griffin of Spread Your Sunshine about saying goodbye to the impostor syndrome.

CFAWL also held its first Table for Eight program of the year with Jamie and Mary Walter’s Excellent Adventure. Members celebrated friendship, great food, and even better conversation with other amazing hosts, such as Ava Doppelt and Nancy Weber. Members also enjoyed an ’80s-themed skating party with the Seminole County Florida Association for Women Lawyers and a family-friendly movie night watching Disney’s Coco on the big screen at Lake Eola.

CFAWL will host its next Table for Eight with the Honorable Tanya Wilson and Keersten Heskin Martinez on October 22, and will co-host the OCBA’s October luncheon on October 24.

Visit CFAWL’s social media page and website to find out about upcoming events, renew your membership, or become a member!

GOAABA The Greater Orlando Asian American Bar Association’s president, Leia Leitner, has built on immediate past president Annie Kwong’s “Stronger Together” mission, adding another layer to the mission with the new hashtag – #TogetherAsOne – where the letter “O” represents outreach, “N” represents the need for change, and “E” stands for execute programs in need of change. GOAABA believes voluntary bar associations can make a positive impact by working together.

In that spirit, GOAABA members have been working closely with fellow associations, such as OCBA YLS and CFAWL, on the annual Backpack Project.

The project provides school supplies for children at Washington Shores Elementary School, which is located in one of Orlando’s most underprivileged communities.

The association is also offering its members opportunities to connect on a national level. For example, did you know that GOAABA is an affiliate of the National Asian Pacific American Bar Association (“NAPABA”)? And, did you know that GOAABA’s theBriefs October 2019 Vol. 87 No. 8

president-elect, Onchantho Am, has been selected as a fellow in the NAPABA’s 2019 Leadership Advancement program? Congratulations, Onchantho!

To foster camaraderie, members attended a private, advance screening of The Farewell, a funny and deeply moving story about complicated family dynamics, including the mingling of Eastern and Western cultures. At said screening, members laughed and cried together – and then laughed and cried some more!

On September 20, GOAABA served up a great time at its Coffee with the Court program. Members networked with and learned about circuit and county court judges in the Ninth Judicial Circuit over coffee, tea, cocoa, and refreshments at the Orange County Courthouse. The discussion featured topics collected from several bar associations and was a LATTE fun!

On October 10, GOAABA will celebrate its 10-year anniversary. On November 14, please be sure to attend the mentor/mentee membership luncheon, where members will be paired with a mentor and enjoy eating delicious sushi.

FBA The Federal Bar Association’s Orlando Chapter wrapped up the summer with a bang. On July 30, as part of the final installment of the FBA and the Bench Bar Fund of the U.S. District Court - Middle District of Florida’s six-part summer series, law students and associates attended the “Professionalism and Business Etiquette” seminar, where they learned about professionalism from the perspective of U.S. district judge, the Honorable Paul G. Byron. They enjoyed lunch with an etiquette coach, who presented the best practices in professional networking, interviewing, socializing, and dining!

At its August 23 luncheon, the FBA presented members an opportunity to meet the Middle District’s new magistrate judge, the Honorable Leslie R. Hoffman. Judge Hoffman held sway during a Q&A, which was moderated by Jamie White.

In September, the FBA hosted a lunch and learn program titled “Ponzi: A Fraud by Any Other Name Just Isn’t the Same.” This panel brought together Ponzi scheme experts who worked on the largest Ponzi scheme in the Middle District of Florida as well as other Ponzi schemes across the nation. Featured speakers discussed how to determine whether fraudulent activity amounts to a Ponzi scheme and how a Ponzi scheme may unfold in civil, criminal, and bankruptcy proceedings.

And, very special congratulations go to FBA president, Colin S. Baker, shareholder at Greenburg Traurig P.A., who was named to the board of directors of the Orange County Regional History Center.

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 OCBA Criminal Law Committee.

www.orangecountybar.org

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President’sMessage continued from page 3

I re-watched the video we had made about Tom. It included footage of his daughter colorfully describing memories of times they spent together. She fondly recalled times he helped her with school projects over the years. It resonated with me that more than 40 years later, some of the memories Tom’s daughter held most dear were of the times they spent together on school projects.

As a father to two young children who have their own unique personalities, I have spent a lot of time reflecting on the remarks of Tom’s adult children. Taking my client’s life lesson to heart, I strive to appreciate where each of my kids are in life and to meet them there.

And, to my bride, Rebecca, if you ever read this “President’s Message,” you will know why I am trying harder to spend more time working on school projects with the kids.

It’s not only to take some of the burden off of you, but to also give my kids something of me that they will have with them long after I depart.

I thank Tom Smith and his family for not only teaching me these valuable lessons, but also for giving me permission to share it with you.

I must confess, though, that while Tom Smith’s lesson was taught to me years ago, I only recently came to really learn it. At the time I was handling the case, I was so mired in the work itself that I failed to fully see what I was being shown. Sure, I had a great appreciation for Tom’s spirit and the wonderful life he led. But it was my partner, mentor, and good friend, Bob Dellecker, who emphasized to me the importance of taking pauses from our busy practice to allow for personal growth. Only then can we fully learn the life lessons our clients teach us.

Although our daily lives as attorneys can be stressful and contentious, the practice of law does present unique opportunities to learn and grow as human beings. For that, I am grateful.

Anthony F. Sos, Esq., is a partner at Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP. He has been a member of the OCBA since 2005.

Tom Smith: Taking time to enjoy life.

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theBriefs October 2019 Vol. 87 No. 8

Hearsay...

Some people are born for Halloween, and some are just counting the days until Christmas.

– Stephen Graham Jones o, which are you? I like to think I’m a little of both, which makes this such a weird time of year for me. Although I admit it’s hard to tell in Florida most days, summer is officially over and the holidays are already in full swing – and have been since August if you’ve done any shopping in the last couple of months! As I write this, I have Halloween candy on my desk, flights for Thanksgiving to book, and Christmas music already playing in the background. I also seem to be adding holds to my calendar with every email I get as the various OCBA events, holiday celebrations, and family visits seem to triple in number every year. In fact, I have the dubious pleasure of being able to say definitively that I’m going to be busy from now until 2020! But you know what?

I’ve got themed socks for each and every event, so let’s do this. And while we’re at it, let’s take on the practice of law and give back to our communities like these amazing OCBA members who told me a bit about what they’ve been up to for this month’s “Hearsay”!

S Linnea M. Eberhart, Esq.

Honors and Awards

Edward Beshara, Esq., of Beshara P.A. Global Migration Law Firm, won the Invest in the USA 2019 Award for Economic Advancement “Innovator Award.”

Mary Ann Morgan, Esq., of Morgan Trial Law, was named to Lawdragon’s 500 Leading Plaintiff Consumer Attorneys in the United States.

Community Involvement

Edward Beshara, Esq., of Beshara P.A. Global Migration Law Firm, was a speaker on several panels recently, including a panel titled “How to Market to and Find Investors Already in the U.S.: E-2 and EB-5 and Other Visa Backlog Solutions” at the Invest in the USA EB-5 Advocacy Conference in Washington, D.C.; an EB-5 panel at the Investment Migration Council Forum titled “Advancing Residence and Citizenship by Investment,” in Geneva, Switzerland; a panel at the Citizenship by Investment Property Fair and Conference in Beirut, Lebanon; and a panel titled “Citizenship and Residency by Investment: A Global Comparison” at the American Immigration Lawyers Association Global Migration Section Annual Global Immigration Forum in Orlando, Florida.

theBriefs October 2019 Vol. 87 No. 8

Stephanie L. Cook, Esq., of ShuffieldLowman, was recently named co-chair of the OCBA’s Estate, Guardianship & Trust Committee.

Suzanne E. Gilbert, Esq., of Holland & Knight, was appointed to the American Bar Association’s Standing Committee on the Federal Judiciary, representing the Eleventh Circuit federal courts.

Joaquin “Quino” Martinez, Esq., of Lowndes Law, has been appointed to the Lake Highland Preparatory School Board of Trustees.

Tara Tedrow, Esq., of Lowndes Law, has been appointed to the inaugural Florida Hemp Advisory Committee.

Andrew P. Thompson, Esq., of Thompson, Jaglal & Sutton, P.A., has been appointed to the City of Belle Isle’s Planning and Zoning Board.

On the Move

Miguel R. Acosta, Esq., has moved to Atlanta, Georgia, and has been appointed as an assistant United States attorney in the Northern District of Georgia.

Justin M. Luna, Esq., will lead the bankruptcy, restructuring, and creditors’ rights practice at Latham, Luna, Eden & Beaudine, LLP. Denise Dell-Powell, Esq., has joined Dean Mead as chair of the Bankruptcy and Creditors’ Rights Practice Group.

Brian Smith, Esq., has joined Lowndes Law as Of Counsel, focusing on eminent domain law.

The “Hearsay” column is for your news, accomplishments, and announcements! Have you been promoted? Did you join a new firm? Have you been appointed to a community organization or professional board, or been recognized for a significant accomplishment? Do you know of a member who has passed away? If so, please share your news with me at leberhart@losey.law. I look forward to hearing from you!

Linnea M. Eberhart, Esq., is an attorney with Losey PLLC, practicing in the areas of intellectual property and employment law. She has been a member of the OCBA since 2015.

www.orangecountybar.org

PAGE 31

Criminal LawCommittee continued from page 10

you are acting more or less like a criminaldefense attorney. You review the accuser’s (petitioner’s) allegations against your client and work out a theory of defense. You may also engage in something similar to a plea negotiation with the petitioner, the petitioner’s attorney, and sometimes the judge to avoid a final hearing/trial.

If a final hearing is needed, you should engage in discovery by setting depositions and deciding what witnesses you will call and what evidence to present. Additionally, you will need to know what elements to prove before the court will issue an injunction. The elements of each type of injunction are listed below. Because injunctions derive from statutes, you must carefully read the statute and consider the burden of proof necessary to determine whether you can establish a particular cause of action.

1. Domestic Violence Petitioner must show that they have been the victim of domestic violence OR that they are in imminent danger of becoming a victim of domestic violence.1 2. Repeat Violence Petitioner is required to demonstrate to the court that there have been two separate incidents of violence or stalking directed at the petitioner or a member of the petitioner’s immediate family – one

of which must have occurred within the past six months of the filing of the petition.2 3. Sexual Violence Petitioner only has to show that they were the victim of one incident of sexual violence. Sexual violence means sexual battery, lewd or lascivious acts committed upon (or in the presence of ) a person younger than 16, luring or enticing a child’s sexual performance, or another forcible felony where a sexual act is committed or attempted.3 4. Dating Violence Petitioner can provide the requisite information in one of two ways: first, by proving that they are a victim of dating violence and have reasonable cause to believe that they are in imminent danger of becoming the victim of another act of dating violence; or second, by showing that they have reasonable cause to believe that they are in imminent danger of becoming a victim of dating violence.4 5. Stalking Petitioner has to prove two separate incidents of stalking. “Stalking” means willful, malicious, and repeated following, harassing, or cyberstalking.5

ferent categories of petitioner: a vulnerable adult; the guardian of a vulnerable adult; a person or entity acting on behalf of a vulnerable adult with consent; and a person who simultaneously files a petition for determination of incapacity and appointment of an emergency temporary guardian with respect to the vulnerable adult. The petitioner must show that there is exploitation or an imminent danger of exploitation upon the vulnerable adult.6 Thomas Bert Feiter, Esq., with Fighter Law in Orlando, has been Board Certified in criminal trial law since 2012. Fighter Law represents clients in criminal defense, injunctions, personal injury, wills, estate planning, and probate. Mr. Feiter has worked with and helped many victims of crimes as a prosecutor for the State of Florida, as special victim counsel in the U.S. Army JAG Corps, and as an attorney in private practice. He has been a member of the OCBA since 2010. § 741.30(1)(a), Fla. Stat. § 784.046(1)(b), Fla. Stat.

3 § 784.046(1)(c), Fla. Stat.

4 § 784.046(1)(d), Fla. Stat.

5 § 784.0485, Fla. Stat.

6 § 825.1035, Fla. Stat.

1 2

6. Exploitation of a Vulnerable Adult As the newest injunction law in the state, there is not much case law on this yet.

As currently written, there are four dif-

LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION

OCT 8, 2019

How to Expunge a Record that Resulted from ID Theft

OCT 22, 2019

GAL Training – GAL Appeals: The Final Frontier

NOV 5, 2019

Immigration Topic

NOV 12, 2019

GAL Training – Understanding Lesser-known Placement Options (Kinship Program)

DEC 3, 2019

Housing

DEC 10, 2019

GAL Training – Treating Trauma in Dependent Youth

LUNCHTIME TRAINING NOON TO 1:30 P.M. FREE CLE FREE LUNCH RSVP TO

mcarbo@legalaidocba.org merazmus@legalaidocba.org ALL TRAININGS WILL BE HELD AT

Training classes are free for OCBA members and non-OCBA members participating in the LAS pro bono program. Preregistration is required for the free lunch and requested for training (or subject to space availability if not pre-registered).

PAGE 32

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Bay Equity, Lucerne Plaza 100 W. Lucerne Cir., Ste. 502 Orlando, Florida 32801 Parking is free.

To avoid 408 road construction, type into your GPS: 116 America St., Orlando, FL 32801

theBriefs October 2019 Vol. 87 No. 8

PhotoOps Young Lawyers & Law Clerks Reception / July 11, 2019

Ed Wimp Gilbert Laurent Orlando Sheppard Jacob Delorme

Melissa Crowley Kristyne Kennedy Summer Law Clerks

OCBA Ask a Lawyer / July 16, 2019 Thank you to the Lawyer Referral Service attorneys and Clerk of Courts for participating in our July Ask a Lawyer event at the Downtown Orlando Public Library. The attorneys answered questions from the audience on landlord/tenant and estate planning law. The event was broadcast live on the OCBA Facebook page.

Sid Roman, Roberta Walton, Mary Ann Etzler, Luis Basagoitia, Rasheed Allen

theBriefs October 2019 Vol. 87 No. 8

www.orangecountybar.org

PAGE 33

Ne w M e mbe rs Attorneys Jean ALMONACY Shannine ANDERSON Jerrod D. BEVAN Patricia A. BLOTZER Stephen Kyle BURT Stuart F. COHEN Erika D. De JESUS Shelan DORCELY Margaret Lorraine DOUIDY Sean P. FANN Amanda I. FORBES Susan G. GAINEY Douglas J. GIULIANO Joshua R. JACOBSON Bascom Nax JOYE Matthew G. KENNEY Meera KHAN Noah Anthony LAURETTA Ashley Cherry LeFEVRE Jennifer S. LOWNDES

Emily Mae MARTIN Bradley S. MORRIS Joshua F. POMPILUS Melissa A. RODRIGUEZ Michael A. SJUGGERUD Christina TOTFALUSI Alexandria Michelle VASQUEZ Mark F. WARZECHA Shaconna J. WRIGHT

Affiliates Carolina Maria AGUILAR Alyson T. GILDNER Rebecca H. HOWARD Shelby R. MANSOUR

Emeritus “Remo” Omer C. EYAL

Patron Megan N. WOLFE

Law Students Taimur AHMED Debora S. ANTISDEL Evyn S. BROWN Tamara Michele Dacey BUDD Nathaniel K. CARR Chelsea Tucker COOKE Amanda M. CRANE Edrice FLEURIMOND Liliana K. IBARRA Alexander “Xan” Michael JOHN Chelcee G. LEE Daniel B. POSKEVICH, II Emmily M. Kozan RIBEIRO Trevor Mitchell SORBO Katherine STARR Daniel C. THILLET Imara VAUGHN Kateryna V. VYKHODETS

Chelsea R. WALKER Benjamin A. WEBER Latoya WIGGINS

Paralegal Students Maria Reinalda Janvier CHARLES Camille CREWS Anthony X. FERRER John E. HAUGABOOK Heather J. KING Rebekah R. LANKFORD Meredith LEGG Kathryn A. MARTIN Gabriela OLIVEIRA Chris I. ORTIZ Veronica I. RAMIREZ Leyberh J. ROSENDO Ararelis SANTIAGO Sharon SEDLOFF Kayra N. TORRES Jayle-Ann WILLIAMS

Book Your Next Event at the Orange County Bar Association The Orange County Bar Association (OCBA) is the perfect choice for meetings in Downtown Orlando. We offer first-class meeting facilities. Our on-site meeting coordinator is at your service, ready to assist with everything from room setup and technology support, to food and beverage orders, hotel accommodations, and dinner reservations. We also offer free on-site parking.

Grand Cypress

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For additional information contact: Ashley Norris (Events & Seminars Manager) 407-422-4551 x.233 or ashleyn@ocbanet.org

Room

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$400

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Up to 100 1,600 sq. ft.

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Azalea

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Gardenia

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6 150 sq. ft.

The Orange County Bar Association // 880 N. Orange Ave. // Orlando, FL 32801 PAGE 34 www.orangecountybar.org

theBriefs October 2019 Vol. 87 No. 8

Events Oct. 2 – Member Perks. 8:00 a.m.-9:30 a.m. OCBA Center. Speaker: Larry D. Smith, Esq. Register by Oct. 1 through the OCBA Store.

Nov. 6 – Member Perks. 8:00 a.m.-9:30 a.m. OCBA Center. Speaker: Council Wooten, Esq. Register by Nov. 5 through the OCBA Store.

Nov. 14 – Social Committee Happy Hour. Details to come.

Nov. 21 – 12th Annual Breakfast of Champions. Legal Aid Society of the Orange County Bar Association. 7:30 a.m.-9:00 a.m. (doors open at 7:00 a.m.). Amway Center, 400 W. Church St., Orlando, FL 32801. Free parking available in the GEICO garage, 25 W. South St., Orlando, FL 32801. Donations may be made at: www.legalaidocba.org. Sponsorships available. See details on page 4 this issue of The Briefs.

Seminars Oct. 1 – Real Property Committee. Escrow and Escheatment: Best Practices and Ethical Obligations. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general, including 1.0 ethics (approved). Free (OCBA members/gov’t/ students); $20 (nonmembers). Speaker: Lindsay R. Hall Harrison, Esq. Sponsor: Alliant National Title Insurance Company. Register by Sept. 29 through the OCBA Store.

Oct. 2 – Business Law Committee. The Re-Opening of Business Court in the Ninth Judicial Circuit – What to Expect. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Speaker: Hon. Donald A. Myers, Jr. Sponsor: Morrison Valuation and Forensic Services. Register by Sept. 30 through the OCBA Store.

Oct. 3 – Immigration Law Committee. To Bond or Not to Bond. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Speakers: Walter Stratton Bagg, Esq.; Milena Portillo, Esq. Register by Oct. 1 through the OCBA Store.

Oct. 3 – YLS/CFAWL. Details to come.

Oct. 4 – Diversity and Criminal Law Committees. Implicit Bias in Jury Selection. 2:30 p.m.-5:00 p.m. U.S. Federal Courthouse, Jury Assembly Room. CLE: 1.0 general (pending). Free. Speakers: Melissa Loberg, PhD.; Fritz Scheller, Esq. Register by Oct. 2 through the OCBA Store.

Oct. 7 – Elder Law Committee. Guardianship and the Alternatives.

12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Speaker: Catherine E. Davey, Esq., LL.M. Register by Oct. 4 through the OCBA Store.

Oct. 8 – LAS Lunchtime Training. How to Expunge a Record that Resulted from ID Theft. 12:00 p.m.-1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502, Orlando, FL 32801. CLE: pending. Speakers: Gerald Rutberg, Esq.; Larri Thatcher, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.com.

Oct. 11 – Labor & Employment Committee. Sponsor: Cyber Centaurs. Details to come.

Oct. 14 – Brown Bag Luncheon with Tanya & the Bobs. An Analysis of Frye v. Daubert. 12:00 p.m.-1:30 p.m. Orange County Courthouse, Room 23 A. CLE: applied for. Free. Speaker: Hon. Julie O’Kane. RSVPs are requested. Contact: Cindy Brown at ctjacb1@ocnjcc.org.

Oct. 14 – Estate, Guardianship & Trust Committee. Asset Protection Planning with Offshore Trusts. 12:00 p.m.-1:00 p.m. OCBA Center.

CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Speaker: Howard Rosen. Esq., CPA. Sponsors: K. Mitchell Team; Northwestern Mutual. Register by Oct. 11 through the OCBA Store.

Oct. 15 – Technology Committee. Tracking Online Habits – The Risks and Benefits of Data Collection. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general, including 1.0 technology (pending). Free (OCBA members/ gov’t/students); $20 (nonmembers). Speakers: Buddy Pitt; Amy Roman, Esq. Sponsor: Network Support Co. Register by Oct. 13 through the OCBA Store.

Oct. 18 – Family Law Committee Seminar. Domestic Violence 101 for Family Law Attorneys. 12:00 p.m.-1:30 p.m. OCBA Center. CLE: 2.0 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Speakers: Hon. Alice Blackwell; Hon. Jeff Ashton. Sponsors: K. Mitchell Team; HealthMarkets Insurance Agency; Seacoast Bank.

Register by Oct. 16 through the OCBA Store.

Oct. 22 – LAS Lunchtime Training. GAL Training: GAL Appeals – The Final Frontier. 12:00 p.m.-1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502, Orlando, FL 32801. CLE: pending. Speaker: Kavita Sookrajh, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.com.

Oct. 23 – Paralegal Section Seminar. Details to come.

Oct. 25 – Bankruptcy Law Committee. Small Business Cases Under the Bankruptcy Code and the Small Business Reorganization Act of 2019.

12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Speaker: David McFarlin, Esq. Register by Oct. 23 through the OCBA Store.

Nov. 4 – Brown Bag Luncheon with Tanya & the Bobs. General Ethics Panel Discussion. 12:00 p.m.-1:00 p.m. Orange County Courthouse, 23rd Floor Conf. Room. CLE: 1.0 general ethics (pending). Free. Speakers: Hon. Robert Egan; Hon. Bob LeBlanc; Hon. Tanya Wilson; Hon. Alice Blackwell; Hon. Daniel Traver. RSVPs are requested. Contact Cindy Brown at ctjacb1@ocnjcc.org.

Nov. 4 – Estate, Guardianship & Trust Committee. The E-Will Bill and Florida’s Fiduciary Access to Digital Assets Act. 12:00 p.m.-1:00 p.m.

OCBA Center. CLE: 1.0 general, including 1.0 technology (pending).

Free (OCBA members/gov’t/students); $20 (nonmembers). Speaker: Catherine P. Hanna, Esq. Sponsor: K. Mitchell Team. Register by Nov. 1 through the OCBA Store.

Nov. 5 – LAS Lunchtime Training. Immigration Topic. 12:00 p.m.-1:30 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502, Orlando, FL 32801. CLE: pending. Speakers: Courtney Rineer, Esq.; Ana Bernal Roberts, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.com.

Nov. 5 – Real Property Committee. Details to come.

Nov. 6 – Business Law Committee. Medical Marijuana: A High-Level Overview of Florida Law Impacting Businesses. 12:00 p.m.-1:00 p.m.

OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/ students); $20 (nonmembers). Speaker: Tara L. Tedrow, Esq. Sponsor: Cyber Centaurs. Register by Nov. 4 through the OCBA Store.

Nov. 7 – Immigration Law Committee. Overview of Updates to the EB-5 Immigrant Investor Program 2019. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Speakers: Salvatore Picataggio, Esq.; Nayef Mubarak, Esq.; Edward Beshara, Esq.; Carlos Colombo, Esq. Register by Nov. 5 through the OCBA Store.

Nov. 12 – LAS Lunchtime Training. GAL Training: Understanding LesserKnown Placement Options (Kinship Program). 12:00 p.m.-1:00 p.m. Bay Equity, Lucerne Plaza, 100 W. Lucerne Cir., Ste. 502, Orlando, FL 32801.

CLE: pending. Speakers: Leah Dual, Esq.; J.J. Lullen. Contact: Marilyn Carbo at mcarbo@legalaidocba.com.

Nov. 12 – Alternative Dispute Resolution Committee. Arbitration Case Law Review 2019. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 general (pending). Free (OCBA members/gov’t/students); $20 (nonmembers). Speaker: Mary Ruth Houston, Esq. Sponsor: US Legal Support.

Register by Nov. 10 through the OCBA Store.

Nov. 15 – Family Law Committee. Details to come.

Nov. 20 – Construction Law Committee. Details to come.

Nov. 21 – Intellectual Property Committee. Details to come.

Nov. 22 – Bankruptcy Law Committee. Details to come.

Events & Seminars

theBriefs October 2019 Vol. 87 No. 8

www.orangecountybar.org

PAGE 35

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 are paid a daily salary and can sign up to work for one or more days per month.

For more information, please contact Candice Maull at candiced@ocbanet.org.

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.

FAST-PACED INSURANCE DEFENSE FIRM located in Maitland, Florida is searching for a Legal Assistant. The firm handles first party property/liability coverage issues. Insurance defense and strong litigation experience preferred. Please send all inquiries to jmccallister@rocklawpa.com.

OFFICE SPACE/SALE/RENT/ LEASE/SHARE LAW OFFICE at South Semoran and Hoffner has an available office space for rent for $795.00 monthly. Close to Immigration Center, two miles from the airport. Email: office@cjwjustice.net.

ONE OFFICE FOR SOLO PRACTITIONER – 515 N. Ferncreek.

Common reception and kitchen, plenty of parking. Month-tomonth or lease. Jim Sears 407222-1554, JSearsLaw@gmail.com.

OFFICE SPACE/SUITES FOR RENT - Downtown Orlando, 250 East Colonial Bldg., 1,500 sq. ft.

Available now! May rent separate office suites. Parking included.

Call or email: John at 407-4252907; jkk@keatlaw.com.

SHARED LAW OFFICE SPACE AVAILABLE – Up to three furnished offices for lease. Contact kristy@kellyjuris.com.

OFFICE SUITE(S) AVAILABLE in Established Downtown Winter Park Law Firm. Rent includes shared reception, telephone answering, copier, fax, conference rooms, secretarial area, Internet/WiFi, and more. Call, text or email Christopher Morrison 4075791424 cmorrison@prattandmorrison.com.

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, Norton & Blue, P.A. Anderson & Ferrin, Attorneys at Law, P.A. Artemis Family Law Group, PLLC Arwani Law Firm Aust Law Firm Banker Lopez Gassler P.A. Barrister Law Firm, P.A. Barry Miller Law Beshara, P.A. Carr Law Firm, P.A. Compass Law Cullen & Hemphill, P.A. DeCiccio & Johnson Dellecker Wilson King McKenna Ruffier & Sos, LLP Divine & Estes, P.A.

Murphy & Berglund, PLLC Murrah Doyle & Wigle, P.A. N. Diane Holmes, P.A. O’Mara Law Group Rebecca L. Palmer Law Group Ringer Henry Buckley & Seacord, P.A. Roman V. Hammes, P.L. Sasser & Weber, P.A. Sawyer & Sawyer, P.A. Schwam-Wilcox & Associates SeifertMiller, LLC Shannin Law Firm, P.A. Southern Trial Counsel Stovash, Case & Tingley Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Brennan Law Firm The Elder Law Center of Kirson & Fuller The Fighter Law Firm, P.A. The Law Office of Michael L. Dear, PLLC The Llabona Law Group The 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.

Fassett, Anthony & Taylor, P.A. Flammia Elder Law Firm Forward Law Firm P.A. Gans Law, P.A. Gasdick Stanton Early, P.A. Giles & Robinson, P.A. GoodBlatt – Leo Green Family Law, P.A. 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 Brent C. Miller, P.A. Law Office of Catherine E. Davey, P.A. Law Offices of Horwitz & Citro, P.A. Lewis & Crichton 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.

PAGE 36 www.orangecountybar.org

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hings T t a e r G ng at i n e p p a H are

Serving TK–8th Grade

OPEN HOUSE TUESDAY, NOVEMBER 12 9:00 A.M.

106 E. Church Street • Orlando thechristschool.org

Please RSVP:

jfleming@thechristschool.org • 407-849-1665

Our experience at TCS has been exceptional! Our daughters are both thriving and gaining confidence every day. We feel like the teachers and staff go above and beyond!

— Richard and Lindsey Carter, TCS parents

Order Your Orange County Courthouse Access Card Today New 2020 – 2021 Card

Need to renew an existing card? Download an application from our website, send it in and we will use your existing photo. No need to come by – we will mail you your new card on Nov. 1.

First time card? Send in the application from our website, a copy of your driver’s license and a .jpg photo, and we will mail you your card. www.orangecountybar.org/cac Please contact Carolyn at 407-422-4551, ext. 245, or carolync@ocbanet.org.

JANE Q. PUBLIC Attorney

Issued: 11/01/2019 Expires: 12/31/2021

N BAR ASSOCIATIO ORANGE COUNTYE ACCESS CARD COURTHOUS

Good only for the Orange County Courthouse • For attorneys and legal support staff • Good through December 2021 $80 • Purchasing card is optional for courthouse entry • OCBA membership is not required PAGE 38

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O C BOCTOBER A C - aNOVEMBER lendar

OCTOBER

1

Professionalism Committee Meeting 12:00 p.m. • OCBA Center Real Property Committee Seminar Escrow and Escheatment: Best Practices and Ethical Obligations 12:00 p.m. • OCBA Center

Member Perks 2 Larry D. Smith, Esq.

8:00 a.m. • OCBA Center Business Law Committee Seminar The Re-Opening of Business Court in the Ninth Judicial Circuit – What to Expect 12:00 p.m. • OCBA Center

Immigration Law 3 Committee Seminar

To Bond or Not to Bond 12:00 p.m. • OCBA Center YLS/CFAWL Seminar TBD

Diversity and Criminal 4 Law Committees Seminar

Implicit Bias in Jury Selection 2:30 p.m. • U.S. Federal Courthouse, Jury Assembly Room

7

Elder Law Committee Seminar Guardianship and the Alternatives 12:00 p.m. • OCBA Center

LAS Lunchtime Training 8 How to Expunge a Record

that Resulted from ID Theft 12:00 p.m. • Bay Equity, Lucerne Plaza Estate, Guardianship & Trust Committee Meeting 12:00 p.m. • OCBA Center

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

9

10

Civil Rights Law Committee Meeting 12:00 p.m. • OCBA Center

PAGE 40

Social Security Committee Meeting 12:00 p.m. • OCBA Center YLS Board Meeting 5:30 p.m. • OCBA Center Labor & Employment Committee Seminar TBD

11

Bag Luncheon 1 4 Brown with Tanya & the Bobs

An Analysis of Frye v. Daubert 12:00 p.m. • Orange County Courthouse, Room 23 A Estate, Guardianship & Trust Committee Seminar Asset Protection Planning with Offshore Trusts 12:00 p.m. • OCBA Center Solo & Small Firm Committee Meeting 12:00 p.m. • OCBA Center Technology Committee Seminar Tracking Online Habits – The Risks and Benefits of Data Collection 12:00 p.m. • OCBA Center Appellate Law Committee Meeting 12:00 p.m. • Lowndes Law YLS Luncheon 11:30 a.m. • Citrus Club Family Law Committee Seminar Domestic Violence 101 for Family Law Attorneys 12:00 p.m. • OCBA Center LAS Lunchtime Training GAL Training: GAL Appeals – The Final Frontier 12:00 p.m. • Bay Equity, Lucerne Plaza Social Committee Meeting 12:00 p.m. • OCBA Center Paralegal Section Seminar TBD OCBA Luncheon Judy Perry Martinez, Esq. President, ABA 11:30 a.m. • Embassy Suites

by Hilton Downtown Orlando Bankruptcy Law Committee Seminar Small Business Cases Under the Bankruptcy Code and the Small Business Reorganization Act of 2019

12:00 p.m. • OCBA Center

15

16 18

22

23 24 25

October 24, 2019 Luncheon

11:30 a.m.-1:00 p.m.

Embassy Suites by Hilton Downtown Orlando

Judy Perry Martinez, Esq. President, ABA

Co-host: Central Florida Association for Women Lawyers Title Sponsor: Florida Lawyers Mutual Insurance Company

RSVP by October 21, 2019 // orangecountybar.org/store

NOVEMBER

4

Brown Bag Luncheon with Tanya & the Bobs General Ethics Panel Discussion 12:00 p.m. • Orange County Courthouse, Room 23 A Estate, Guardianship & Trust Committee Seminar The E-Will Bill and Florida’s Fiduciary Access to Digital Assets Act 12:00 p.m. • OCBA Center

LAS Lunchtime Training 5 Immigration Topic

12:00 p.m. • Bay Equity, Lucerne Plaza Professionalism Committee Meeting 12:00 p.m. • OCBA Center Real Property Committee Seminar TBD

Member Perks 6 Council Wooten, Esq.

8:00 a.m. • OCBA Center Elder Law Committee Meeting 12:00 p.m. • OCBA Center Business Law Committee Seminar Medical Marijuana: A High-Level Overview of Florida Law Impacting Businesses 12:00 p.m. • OCBA Center

1 Meeting 3 Lawyers Literary Society 12:00 p.m. • OCBA Center Judicial Relations Committee Meeting 12:15 p.m. • Orange County Courthouse, 23rd Floor Conf. Room

OCBA Executive Council Meeting 4:30 p.m. • OCBA Center Construction Law Committee Meeting 5:00 p.m. • OCBA Center

Security 1 4 Social Committee Meeting

12:00 p.m. • OCBA Center Social Committee Happy Hour TBD YLS Board Meeting 5:00 p.m. • OCBA Center

Luncheon 1 5 YLS 11:30 a.m. • Citrus Club

Family Law Committee Seminar TBD

& Small Firm 1 9 Solo Committee Meeting

12:00 p.m. • OCBA Center

Law 2 0 Construction Committee Seminar

Immigration Law 7 Committee Seminar

TBD Appellate Law Committee Meeting 12:00 p.m. • Lowndes Law

Lunchtime Training 1 2 LAS GAL Training: Understanding

12th Annual Breakfast of Champions 7:30 a.m. • Amway Center Intellectual Property Committee Seminar TBD

Overview of Updates to the EB-5 Immigrant Investor Program 2019 12:00 p.m. • OCBA Center

Lesser-Known Placement Options (Kinship Program) 12:00 p.m. • Bay Equity, Lucerne Plaza Alternative Dispute Resolution Committee Seminar Arbitration Case Law Review 2019 12:00 p.m. • OCBA Center Estate, Guardianship & Trust Committee Meeting 12:00 p.m. • ShuffieldLowman

www.orangecountybar.org

21

Law 2 2 Bankruptcy Committee Seminar TBD

Committee Meeting 2 6 Social 12:00 p.m. • OCBA Center 28-29

Thanksgiving Holiday OCBA Center Closed

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