Orange County Bar Association - The Briefs - February 2017

A Publication of the Orange County

Bar Association

Inside this Issue: President’s Message February Events Wiley S. Boston, Esq. Professionalism Committee

OCBA 2017 Professionalism Award Recipients February 2017 Vol. 85 No. 2

Business Law Committee

Summary of Rule Revision in the Business Court Richard S. Dellinger, Esq. Paralegal Post Is There Anybody Out There? Finding Content for Paralegals Shannon E.Casey, FRP

March 2016 Vol. 84 No. 3

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Saturday, February 25, 2017 7:00 p.m.

Winter Park Racquet Club 2111 Vía Tuscany, Winter Park, Florida 32789 125 per person through February 11, 2017 $ 150 per person beginning February 12, 2017 For tickets, go to http://orangecountybar.org/store $

Join us for a Mardi Gras evening featuring – among other delights – jambalaya, red beans & rice, crawfish étouffée, carving stations, king cake & New Orleans signature drinks such as Abita beers, Hurricanes & Sazerac.

A palm reader, caricature artist & photo booth will be part of the festivities.

Brass Band (7:00-8:00 p.m.)

DJ Cocktail attire encouraged!

For sponsorship opportunities, contact Karen Persis at karen@karenpersis.com or Amber Davis at adavis@bwsmiplaw.com Proceeds benefit the Orange County Bar Association Foundation, Inc.

theBriefs February 2017 Vol. 85 No. 2

www.orangecountybar.org

PAGE 1

the Briefs

Contents 3

16

©2017

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

Legal Aid Society What We Do...

Breakfast of Champions: Bernard Simmons and Shameka Keaton Donna A. Haynes

President’s Message February Events Wiley S. Boston, Esq.

4

Professionalism Committee OCBA 2017 Professionalism Award Recipients

5

OCBA February Luncheon Justice Peggy A. Quince Florida Supreme Court

Associate Editor C. Andrew Roy, Esq. Hearsay Columnist Vanessa A. Braga, Esq.

18

Chief’s Column Ninth Judicial Circuit Court of Florida Investitures The Hon. Frederick J. Lauten

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

21-23

Legal Aid Society Breakfast of Champions

8

Clerk’s Corner Proactive Push with Legislators before the 2017 Session Tiffany Moore Russell, Esq.

9

Chief’s Column Remembering Scott Polodna The Hon. Frederick J. Lauten

10

Estate, Guardianship & Trust Committee Crossing the Digital Divide: What Planners Need to Know About the Florida Fiduciary Access to Digital Assets Act Corey B. Suter, Esq.

12

27

Paralegal Post Is There Anybody Out There? Finding Content for Paralegals Shannon E. Casey, FRP

29

YLS on the Move Jennifer A. Smith, Esq.

31

SideBar Kimberly A. Lopez, Esq.

34 Hearsay Vanessa A. Braga, Esq.

38

Business Law Committee Summary of Rule Revision in the Business Court Richard S. Dellinger, Esq.

New Members

39

Announcements

14

Special Feature A. Felecia Epps, FAMU College of Law: A Year in Review Ericka S. Garcia, Esq.

40

Classifieds

44 Calendar

w OFFICERS Wiley S. Boston, Esq., President Elizabeth F. McCausland, Esq., President-elect Richard S. Dellinger, Esq., Treasurer Mary Ann Etzler, Esq., Secretary w EXECUTIVE COUNCIL Jared A. Brooks, Esq. Philip K. Calandrino, Esq. William A. Davis, Jr., Esq. Eduardo J. Fernandez, Esq. LaShawnda K. Jackson, Esq. Kristopher J. Kest, Esq. Eric C. Reed, Esq. Gary S. Salzman, Esq. Anthony F. Sos, Esq. William D. Umansky, Esq. Ryan Williams, Esq. Jamie Billotte Moses, Esq., Ex Officio Brett R. Renton, Esq., YLS President w EXECUTIVE DIRECTOR Kimberly Homer, Esq. w Communications Manager Peggy Storch Communications Assistant Darshini Ramkarran Marketing & Sponsorship Manager Amanda Nethero

DEADLINE INFORMATION

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

All contents ©2017 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Adobe Stock ISSN 1947-3968

PAGE 2

www.orangecountybar.org

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

theBriefs February 2017 Vol. 85 No. 2

President’sMessage

February 2017 W Wiley S. Boston, Esq.

February Events

e are excited for what February has in store for the Orange County Bar Association. On February 23, 2017, OCBA will have a joint luncheon with the Paul C. Perkins Bar Association. The Paul C. Perkins Bar Association has secured an excellent and high-profile guest speaker for the luncheon: Florida Supreme Court Justice Peggy Quince.

Florida Bar President Bill Schifino, Esq., is also scheduled to attend the luncheon in order to say a few brief words about the Florida Constitution Revision Commission process. OCBA members are generally very interested in ensuring that an independent and adequately funded judiciary is preserved, and this process is likely to have a direct impact.

Beginning immediately after the February luncheon, in the Church Street Ballroom, we will have both candidates for president-elect of The Florida Bar – Lanse Scriven, Esq., and Michelle Suskauer, Esq. From approximately 1:15 to 2:00 p.m., they will be present to address OCBA members and respond to questions in a forum that the OCBA is co-hosting with the Federal Bar Association. (See page 7 in this issue of The Briefs.) The forum moderator will be OCBA past president Tom Zehnder, Esq. This event is free, and RSVPs are requested through the OCBA Store. Thanks to Lauren Millcarek, Esq., of the Federal Bar Association for coordinating this event.

Also in February, on February 25, the Orange County Bar Association Gala will be held at the Winter Park Racquet Club. The event cochairs, Amber Davis, Esq., and Karen Persis, Esq., have worked very hard to plan a great party. The event benefits the OCBA Foundation and only happens once every two years.

It is not to be missed. I hope to see you there.

Monthly charitable spotlight: Foundation for Foster Children Many Orange County Bar Association members serve as guardians ad litem. It may be useful to know that the Foundation for Foster Children is a resource with programs in education, enrichment, transition to adulthood, and

theBriefs February 2017 Vol. 85 No. 2

emergency support. Imagine that you are a foster child and need assistance paying for senior pictures, tutoring, or mentoring with respect to vocational choices and education. Where would you turn? The Foundation for Foster Children provides these and other valuable services for children in foster care. For example: Since her freshman year, 18-year-old Emma dreamed of exactly how she would do her hair, what her jewelry would be, and how she wanted her senior pictures to look (and how she definitely wanted to make sure they didn’t look).

After entering foster care as a sophomore, she overcame so many challenges, received tutoring from the Foundation for Foster Children, and managed to stay on track to graduate from Evans with her peers. In her senior year, she got her senior pictures taken and couldn’t wait to see them. With excitement, she told her house parent in her group home that she needed to choose her favorite photos and turn in money to pay for the order. Her foster parents said there was no way to purchase those photos since they didn’t have funding to cover that expense. Luckily, Emma’s case manager referred her to the foundation and with their help she was able to choose all of her favorite poses and pay for them. She was free to trade photos with her friends at school only because of the support of generous donors who make it possible for the foundation to make those kinds of typical childhood experiences still happen for children in foster care.

If you are interested in learning more, the Foundation for Foster Children will have an open house on February 15th from 10:30 a.m.1:30 p.m. at their offices on Lee Road. The website is www.foundationforfosterchildren.org.

Wiley S. Boston, Esq., is a partner with Holland & Knight LLP. He is Board Certified in Real Estate Law in Florida and practices in the area of commercial real estate law, with emphasis on leasing of office, industrial, and retail properties, representation of developers of commercial projects, and real estate finance.

He has been a member of the OCBA since 1996.

www.orangecountybar.org

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ProfessionalismCommittee

T

OCBA 2017 Professionalism Award Recipients

he Orange County Bar Association strives to increase the civility and professionalism of its members by offering seminars, writing articles for The Briefs, and reaching out to local law schools, elementary, middle, and high schools and the community with activities that promote the profession and our system of justice. Through our annual professionalism awards, we recognize three members of the legal community whose practice, service, professionalism, ethical conduct, demeanor, and high moral standards best embody the qualities we all seek to emulate. The following individuals are this year’s award recipients.

The Honorable Arthur B. Briskman

2017 James G. Glazebrook Memorial Bar Service Award The Honorable Arthur B. Briskman, U.S. Bankruptcy Judge, U.S. Bankruptcy Court, Middle District of Florida, Orlando Division, served as a U.S. Bankruptcy Judge in the Southern District of Alabama from 1985 to 1993 and the Middle District of Florida from 1993 through his retirement in 2012. He continues to serve at the pleasure of the Eleventh Circuit on Recall.

In nominating Judge Briskman, Alexis A. Leventhal, Esq., notes Judge Briskman “sought to improve the effectiveness of the bankruptcy courts in their services and accessibility to those most in need – consum-

Charles T. Wells, Esq.

2017 William Trickel, Jr. Professionalism Award Charles T. Wells, Esq., was appointed and served on the Florida Supreme Court from 1994 to 2009, and served as Chief Justice from 2000 to 2002.

He presided over appeals brought to the Court as part of the Bush v. Gore case over Florida’s electoral votes in the in the 2000 U.S. presidential election.

Mr. Wells, now of counsel at GrayRobinson, P.A., practices in the areas of appellate law; alternative dispute resolution; election law; government relations; insurance defense: medical malpractice defense; product liability and toxic tort law; professional liability defense; and taxation.

continued page 6

continued page 6

Orange County Bar Association 2017 Professionalism Awards Presentation & Reception Friday, March 10, 2017 3:00 p.m. - 5:00 p.m.

Orange County Courthouse Jury Assembly Room 425 N. Orange Ave., Orlando, Florida 32801 Please join us in honoring the recipients of this year’s professionalism awards Charles T. Wells, Esq.  William Trickel, Jr. Professionalism Award Karen L. Persis, Esq.  Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award The Honorable Authur B. Briskman  James G. Glazebrook Memorial Bar Service Award Each of the recipients will be giving brief remarks, and a reception will follow.

We invite all OCBA members and their guests to attend this special event at no charge.

Attendance during the remarks provides 1.0 CLE, including 1.0 in ethics, is pending.

RSVPs are required by March 6, 2017.

Register at the OCBA Store – OCBA Events.

(Reminder: There will be no OCBA Luncheon in March.)

Karen L. Persis, Esq. 2017 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award Karen L. Persis, Esq., of Karen Persis, P.A., is a solo attorney who practices in the highly specialized field of assisted reproductive technology law. According to Stephanie F. Bodolay, Esq., Ms. Persis is “one of the few attorneys in the state who has taken the time to learn and practice in this area,” an area of law in which an attorney has a “responsibility to the profession and the clients to maintain professionalism and ethical standards in practice.” Lauren F. Carmody, Esq., echoes that, saying Ms. Persis is “entrusted with guiding her clients through sensitive and often difficult decisions. Karen handles every case and every client with the utmost professionalism.”

In addition to practicing in a demanding field with many novel issues of law, Ms. Persis has served in many professional capacities, a short sampling of which includes serving as The Florida Bar YLD Board of Governors Ninth Judicial Circuit representative; The Florida Bar Annual Convention Committee YLD chair; President’s Executive Council member; and Affiliate Outreach Conference co-chair. Ms. Persis served as president of the OCBA’s Young Lawyers Section (YLS) (201415), where she organized 22 committees, served on the OCBA Executive Council, and helped YLS achieve the designation as Young Lawyer Affiliate of the Year by The Florida Bar. She belongs to numerous professional and civic organizations and was selected to become a Fellow in the American Academy of Assisted Reproductive Technology Attorneys, an organization of fewer than 200 attorneys from throughout the nation and whose vetting process is based on work product, professionalism, and ethical standards. continued page 6

PAGE 4 www.orangecountybar.org

theBriefs February 2017 Vol. 85 No. 2

OCBA LuncheonThursday, February 23, 2017

J

Justice Peggy A. Quince

Justice Peggy A. Quince Florida Supreme Court

ustice Peggy A. Quince was born in Norfolk, Virginia, in 1948. She graduated in 1970 from Howard University with a bachelor’s degree in zoology; she received her juris doctor degree from the Catholic University of America in 1975.

Justice Peggy Quince practiced general civil law in Virginia and Florida from 1975 to 1980.

She practiced in the areas of domestic relations, real estate, and criminal law. In 1980, she began her 13-year tenure in the Criminal Division of the Florida Attorney General’s office.

She served as the Tampa bureau chief for five years and handled death penalty appeals and postconviction matters exclusively for three years. She argued numerous cases before the Virginia Supreme Court, the Florida Second District Court of Appeal, the Florida Supreme Court, and the Federal Eleventh Circuit Court of Appeals.

In 1993, Justice Quince was appointed to the Second District Court of Appeal, making her the first African-American woman to serve on a Florida appellate court. She was appointed

by Governor Lawton Chiles and Governorelect Jeb Bush to the Florida Supreme Court in 1998. She became the first African-American

woman to head any branch of Florida government when she became Chief Justice of the Supreme Court of Florida in 2008.

As one of the seven justices serving on the State Supreme Court, Justice Quince has many responsibilities that ultimately affect the lives of more than 16 million Floridians. As a justice, she must review final judgments imposing sentences of death, cases involving the constitutionality of laws passed by the Florida Legislature, and other matters as delineated in the Florida Constitution. She also lectures on various legal topics, including the need for a fair and impartial court system, search and seizure, probation and parole, use of peremptory challenges, post-conviction relief, professionalism and ethics, and the independence of the judiciary.

She has received numerous awards and honors, including the Lifetime Achievement Award by The Florida Bar’s Government Lawyer Section; Florida Commission on the Status of Women; the 2007 Florida Women’s Hall of Fame Award; and the 2006 Margaret Brent Women Lawyers of Achievement Award.

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

Title Sponsor: Orange Legal Litigation Support Services

225 S. Garland Avenue • Orlando, FL 32801 Co-hosted by the Paul C. Perkins Bar Association Please RSVP by Monday, February 20, 2017 RSVPs will not be accepted after February 20, 2017 RSVP through the OCBA Store at www.orangecountybar.org/store CANCELLATIONS must be received no later than

February 20, 2017

Sponsored by:

theBriefs February 2017 Vol. 85 No. 2

To cancel, contact Marie West at mariew@ocbanet.org.

See cancellation policy on the OCBA website homepage.

www.orangecountybar.org

PAGE 5

ProfessionalismCommittee continued from page 4

The Honorable Arthur B. Briskman

2017 James G. Glazebrook Memorial Bar Service Award (continued) er debtors.” She comments that the Mortgage Modification Mediation Program envisioned and encouraged by Judge Briskman has been adopted across the country and has been “lauded for its effectiveness in aiding debtors in retaining their primary residences.” More than 3,600 debtors have received a permanent modification of their mortgages to save their home in the Orlando Division.

The Honorable Michael G. Williamson, Chief Judge, U.S. Bankruptcy Court, Middle District of Florida, Tampa Division, describes Judge Briskman as a “model” of judicial professionalism, who is “very devoted” to professionalism both in and out of the courtroom. Judge Williamson describes Judge Briskman as having a “keen sense of fairness and in doing the right thing,” noting that he “quietly governs” his courtroom and makes great efforts to ensure that all persons are treated fairly and have a full opportunity to be heard.

The Honorable Karen S. Jennemann, U.S. Bankruptcy Judge, U.S. Bankruptcy Court, Middle District of Florida, Orlando Division, characterizes Judge Briskman’s career as a “lifetime of tireless public service.” In addition to serving as a jurist, she notes that he is “very dedicated to legal education” and “generous with his time.” He currently is an adjunct professor at FAMU Law School and serves as a seminar panelists for bar organizations. Judge Jennemann notes that “the Florida Supreme Court has recognized him for his voluntary bar work.”

Seymour Benson, Esq., Carlton Fields Jorden Burt, P.A., who has practiced before Judge Briskman, describes Judge Briskman as “bright, to the point, succinct, consistent, prepared, fair, and knowledgeable.” Benson says that “the integrity [Judge Briskman] brings to the profession flows through to the integrity of his judging.”

Judge Briskman is a graduate of the University Military School in Mobile, Alabama, the University of Alabama in Tuscaloosa, Alabama, and the Cumberland School of Law at Samford University.

Charles T. Wells, Esq.

2017 William Trickel, Jr. Professionalism Award (continued) Mayanne Downs, Esq., president and managing director at GrayRobinson, P.A., nominated Mr. Wells for the award, saying “Charles ‘Charley’ Wells is unquestionably a model attorney who embodies success, professionalism, high moral standards, and ethical behavior.”

She notes that “throughout his time working on the election cases, Charley conducted his courts with the utmost ethical conduct.”

Donald L. Gattis, Jr., notes that Mr. Wells, whom he has known for 53 years, has always “conducted himself with honesty and integrity.” Beginning their lifelong friendship at the University of Florida, they started their careers together at Maguire, Voorhis and Wells in 1965, and in 1976 they formed the firm of Wells, Gattis, Hallowes & Carpenter. Mr. Gattis says that he has “never met a person [he has] more admired and respected.” He recalls that while Mr. Wells was on the court, they spoke weekly and “never once did [Mr. Wells] mention anything that a Justice should treat as confidential.”

J. Charles Gray, Esq., chairman emeritus at Gray Robinson, P.A., says they are for-

tunate to have had Mr. Wells join them.

He notes that Mr. Wells “has proven to be a very valuable member of our firm, not only handling appeals but serving as a mentor to other lawyers and an example of how we want all our lawyers to conduct themselves.”

Mr. Wells received his juris doctor from the University of Florida, and was admitted to The Florida Bar in 1965. He is admitted to practice in all Florida courts, as well as the U.S. District Court for the Middle and Southern districts of Florida; the U.S. Court of Appeal, 11th Circuit; the U.S. Court of Claims; and the U.S. Supreme Court. Mr. Wells is a past member of the Florida Board of Governors and State Court Representative, Standing Committee on Federal Practice and Procedure of the Federal Judicial Conference. He served as president of the Orange County Bar Association (1989-1990), has served as a member of the Board of Trustees of the Legal Aid Society of the Orange County Bar Association, Inc., and has served as a guardian ad litem. Mr. Wells has been recognized as a Distinguished Alumni of the University of Florida and as a member of Phi Beta Kappa. He published a book, Inside Bush v. Gore, in 2013.

Karen L. Persis, Esq.

2017 Lawrence G. Mathews, Jr. Young Lawyer Professionalism Award

(continued)

Brock A. Hankins, Esq., who submitted the nomination, notes that Ms. Persis “instituted several new community events” during her time as YLS president. Mr. Hankins states that it was apparent that Ms. Persis’ theme for her year as president was to encourage “comradery and civility amongst members and through community service activities.”

Eric R. Elms, Esq., affirms that sentiment, stating that “Ms. Persis takes pride in serving her community, her profession, and her clients.” Among many outreach activities, Ms. Persis was “instrumental in having The Florida Bar YLD donate money to the victims and the victims’ families of the Pulse tragedy.”

The Honorable Bob LeBlanc, Ninth Judicial Circuit says “Wow!” Ms. Persis, he notes, is “always professional, courteous, knowledgeable, and exhibits so many of the qualities I love to see in young lawyers.”

Ms. Persis received her undergraduate degree as well as her juris doctor from the University of Florida. For those who know her well know, she is a passionate Gator fan!

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

Bring your lunch and get ready for this new series of great practice pointers, starting March 13 with “Helpful Hints on Motion Practice and Ex Parte/Short Matters.”

12:00 p.m.-1:00 p.m. ||| Orange County Courthouse, 23rd Floor RSVP to: Lynn Harasti at ctjalh1@ocnjcc.org PAGE 6 www.orangecountybar.org

theBrief s February 2017 Vol. 85 No. 2

The Federal Bar Association – Orlando Chapter The Federal Bar Association – Orlando Chapter and the Orange County Bar Association and the Orange County Bar Association proudly present: proudly present:

A A Conversation Conversation with with the the Candidates Candidates Join us as Florida Bar President-elect Candidates Join us as Florida Bar President-elect Candidates Lanse Scriven and Michelle Suskauer Lanse Scriven and Michelle Suskauer explain their platforms and answer questions about explain their platforms and answer questions about the future of our Bar before the March election the future of our Bar before the March election

Thursday, Thursday, February February 23, 23, 2017, 2017, at at 1:15 1:15 p.m. p.m. at at the the Church Church Street Street Ballroom Ballroom 225 South Garland Avenue, Orlando, Florida 32801 225 South Garland Avenue, Orlando, Florida 32801

Space is limited for this special event, so reserve your tickets now: Space is limited for this special event, so reserve your tickets now: http://www.orangecountybar.org/products/luncheons http://www.orangecountybar.org/products/luncheons This event will take place immediately following This event will take immediately following The OCBA’s and the Paul C. Perkins Barplace Associa?on’s annual joint luncheon at noon.

The OCBA’s andisthe Paul Bar like Associa?on’s joint luncheon at noon.

The event free, butC.ifPerkins you would to aCend annual the luncheon beforehand, The event is free, but youiswould to aCend the luncheon beforehand, the if cost $35 tolike non-OCBA members. the cost is $35 to non-OCBA members.

Contact Event Chair Lauren Millcarek Contact Event Chair Lauren Millcarek at lauren.millcarek@hklaw.com at lauren.millcarek@hklaw.com for more information for more information theBriefs February 2017 Vol. 85 No. 2

www.orangecountybar.org

PAGE 7

Clerk’sCorner

Proactive Push with Legislators before the 2017 Session

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

e’re only a month away from this year’s Florida legislative session, and the budgets of the clerks of courts statewide will be looming again. To that end, I always like to make sure I’m being proactive to address any issues that can impact my office from this level, which in turn can affect my staff and our customers.

That’s why I made sure my office recently held a briefing for the state lawmakers who are part of the Orange County legislative delegation that represents our local community. This meeting gave my office the opportunity to educate our legislators about the important role my office has in maintaining more than 47 million digital court documents, as well as millions of paper records for the Ninth Judicial Circuit Court – numbers that grow each day.

Polk County Clerk of Courts Stacy Butterfield, CPA, and Seminole County Clerk Grant Maloy, joined me and my staff to inform legislators about our increasing technology requirements, operational needs, and budget challenges.

You probably didn’t know, but in addition to maintaining millions of court documents, customers come to our office to pay traffic and crimi-

PhotoOp

nal fines, initiate or contest a civil case, pursue probate issues, and make child support payments.

Deputy clerks also assist judges as trial clerks in each courtroom, help customers file domestic violence injunctions, and seek help for a loved one with mental health or substance abuse issues. We accept passport applications and issue marriage licenses; we even perform wedding ceremonies.

And all of these duties require adequate funding.

One key point I was able to share during this legislative briefing is that the funding model for clerk of courts offices across the state is broken, because the clerks of courts only get to keep a portion of the revenue generated. In Orange County, that re-allocation is only about one-third of the total revenue our office generates.

I am hopeful that continuing to educate our legislators will go a long way to finally getting clerks’ offices a long-term funding solution that will help us continue to provide the best service possible to our customers.

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

Law & Government Explorers and friends of Post #450 visited the federal courthouse on November 30, 2016, and met with Judge Kendall Sharp.

PAGE 8

www.orangecountybar.org

theBriefs February 2017 Vol. 85 No. 2

Chief’sColumn

Remembering Scott Polodna

J

udge Scott D. Polodna was laid to rest on Monday, December 12, 2016, in Kissimmee, Florida, following funeral services attended by hundreds of mourners, including dozens of colleagues from the Ninth Judicial Circuit Court and judges from other circuits and the Fifth District Court of Appeal. At 51, his promising life was cut short by cancer.

Judge Polodna served as a judge for more than 10 years with integrity and tireless dedication to The Honorable Frederick J. Lauten ensuring that all Floridians are afforded justice, performing his duties as a judge not only with Chief Judge passion, but more importantly, with compassion.

Ninth Judicial Circuit Court He helped many people improve and change their lives. His death is a great loss to the citizens of our circuit, especially in Osceola County.

I was honored to be asked to speak at his funeral.

Surrounded by his family, colleagues, and friends, I focused on Judge Polodna’s legacy, and said that while it will be painful to carry on without Scott with us, we will always remember his courage, his dignity, his faith, his wonderful, beaming bright smile and, most importantly, his love for us and his family.

He was born in Chicago, Illinois, and moved to Florida 40 years ago. He received a bachelor’s degree in psychology and a law degree from the University of Florida. Judge Polodna taught criminal evidence at Valencia College, and served as an assistant public defender for 10 years in the Orange-Osceola Public Defender’s Office and as an asThe Honorable Scott Polodna sistant county attorney in Osceola.

Judge Polodna loved the law – which really is an essential requirement for a judge. But he also realized that in applying the law, he dealt with real human beings who often faced difficult and trying moments. He understood that regardless of the number of cases on his docket, the case before him was of greatest importance to the litigants appearing in court. He treated everyone – his friends, his colleagues, and those who appeared before him – with grace and dignity. That attitude was part of his essence, as if it were embedded in his DNA. Judge Polodna committed himself completely to every challenge, task, and responsibility in his life.

He didn’t believe in half-hearted efforts. His incredible love and respect for the law made him an ever-vigilant student, constantly learning and theBriefs February 2017 Vol. 85 No. 2

always refining his method. He was careful to follow current events and new policy changes that would affect his duties as a judge.

He was usually the first one to arrive in the morning. He wanted to be prepared for what was on his docket that day. He never merely reviewed materials provided to him – rather, he pored over them and deeply familiarized himself with information and evidence that would be relevant to that day’s proceedings.

Judge Polodna was a noted history buff who could tell you the story of historical events so vividly, it was as if he’d lived through them himself. He kept a collection of Founding Fathers bobble-heads in his office, and he was very proud of them. He had an astounding memory and could remember vivid details of past chapters of his life, such as the names of law school classmates and certain classes he’d taken during different semesters. And he loved the Florida Gators.

Judge Polodna’s office is a reflection of the pride he had for his family. There are family portraits on every wall and every surface; his children’s artwork and photography cover his door. He was actively involved in every aspect of his children’s very busy lives, and made every effort possible to attend each theatrical production, 4-H competition, swim meet, and ball practice on their schedules.

It’s worth noting that Judge Polodna had beaten cancer once before. Immediately prior to his wedding in 1994, he was diagnosed with non-Hodgkin’s lymphoma. Throughout treatments that lasted nearly a year, he never missed work and provided hundreds of clients with top-notch legal representation.

For his last battle with cancer, he was again stoic and worked at the Osceola County Courthouse as recently as a week prior to his death. During Thanksgiving week, for example, he came in for an emergency hearing. And he was back in his courtroom the next week.

Judge Scott Polodna was a man of conviction, integrity, faith, strength, independence, and grace.

We will miss him as a respected jurist and as a dedicated friend and family man.

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

www.orangecountybar.org

PAGE 9

Estate, Guardianship & TrustCommittee

T Corey B. Suter, Esq.

Crossing the Digital Divide: What Planners Need to Know About the Florida Fiduciary Access to Digital Assets Act

he future is now and an estate planner must take into account the impact that digital assets have on succession planning. Luckily, even for those who are not technologically savvy, simple planning techniques could help unlock that digital locker so that the wishes of the client can be fulfilled. However, many online providers will not simply hand over the account information necessary to access digital accounts, especially if the information is being requested by someone other than the original account holder. In response, on July 1, 2016, the Florida Fiduciary Access to Digital Assets Act (the “Act”) became effective and is intended to decrease the burden of fiduciaries obtaining access to digital assets.1

First, it is important to understand the terminology defined by the Act. The Act separates the definition of digital asset and that of an electronic communication. A digital asset includes any “electronic record” and can include pictures, games, websites, and files.2 An electronic communication, however, is defined the same as federal law, and refers to the transferring of information including writing, images, sounds, and data.3 As such, when the term digital asset is used in practice, one must be mindful of whether the term is intended to include electronic communications or if it is being used in a generalized manner. Further, a custodian “carries, maintains, processes, receives, or stores a digital asset of a user,” while a user maintains an account with the custodian.4 Think of Google or Facebook as the custodian of the digital assets, some of which are separate electronic communications.

The Act allows a user to dictate the terms by which a fiduciary has the authority to access digital assets by setting up a three tier system. First, a user may utilize an “online tool” established by the custodian to “provide directions for disclosure or nondisclosure of digital assets to a third person.”5 If the online tool allows the user to modify or delete the directions at any time, then the online tool will supersede any instructions contained within a will, trust, power of attorney, or other record.6 Note that the online tool must also be separate from the terms of service.7 The next tier allows a user to provide directions in the operative planning document, including a will, trust, or power of attorney.8 This tier is effective only if an online tool is not used or not available.9 Finally, if an online tool was not used, and there are no directions in the will, trust, or power of atPAGE 10

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torney, the third tier allows the custodian’s terms of service to control how a fiduciary may access the user’s digital assets.10 The terms of service may include any click-through contract necessary to utilize the services provided by the custodian.

The tiers are necessary in that they control what type of access the fiduciary may obtain over digital assets, including electronic communications. No matter what tier is used, the Act was drafted to follow federal privacy laws that require a user “optin” to the custodian having the power to disclose the content of electronic communications.11 As such, the online tool or planning documents must specifically direct the custodian to provide the actual content of the electronic communications.

Because of the “opt-in” requirements set forth under federal law, the Act separates the procedure for obtaining the content of electronic communications from that of obtaining access to digital assets that are not an electronic communication (such as photos, files, websites, etc.). Importantly, a fiduciary may obtain a catalogue of the electronic communications, which “identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person,” even if the fiduciary is not specifically authorized to the actual content of the electronic communication.12 The procedure to obtain electronic communications, as well as other digital assets, is broken down by the type of planning document (will, trust, power of attorney, or guardianship). Each subsection specifies the directions and documents necessary to grant the authority to the fiduciary to access the digital assets and electronic communications. Generally, all subsections require the fiduciary to request access to the digital asset in writing, provide certifications either by the court or by the fiduciary that the fiduciary is authorized to access the digital assets as well as the validity of the document that is being relied upon, and certain information requested by the custodian to properly identify the user’s account.13 The main difference between the procedures is that the planning documents must include the specific consent to disclose the content of electronic communications, e.g., opting-in to the disclosure of content.

A general consent to access “digital assets” alone will not suffice to obtain the content of electronic communications. Without specific consent, only a catalogue of electronic communications can be provided.

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Two important distinctions exist – one for a trust and another for guardianships. In the case of digital assets being held by a trust, the Act specifically authorizes a trustee to gain access to all digital assets, including content of electronic communications, if the trustee is the original user of an account with the custodian.14 As for a guardianship, the Act is not clear as to whether the content of electronic communications can be disclosed. The Act specifies that the court may grant access to “digital assets” of a ward after notice and a hearing.15 However, the subsections continue to state that a custodian shall provide a catalogue and non-electronic communication digital assets if supplied with required documents under the statute.16 A stand-alone section regarding access to the content of electronic communications by a guardian is absent from the Act, unlike the sections for other fiduciary situations.

Finally, the Act establishes the legal duties and authority of the fiduciary.17 The fiduciary is charged with the same legal duties as though he/she was managing tangible personal property, including the duties of loyalty, care, and confidentiality.18 The fiduciary must comply with other state and federal laws regarding the use of the digital assets and cannot use the assets to impersonate the user.19 Notably, authority is granted to access digital assets that are not maintained by a custodian, such as on computers, phones, and other digital devices in the possession and control of the fiduciary.20 Lastly, the Act sets forth the procedure necessary to close a user’s account.21

As practitioners, it is important to understand the advantages and disadvantages of each of the tiers established by the Act. The online tool is a cost-efficient way for a user to identify exactly what content a fiduciary may receive, especially if the user has few digital assets. However, it may take a technologically intuitive client to use such tools, and they would be required to attend to their affairs through each custodian’s separate service. Alternatively, adding language into planning documents will allow for full coverage over all digital assets through the same document. This requires the client to be willing to update his/her estate plan, but to do that will be a minimal cost for any new clients.

Finally, allowing the terms of service to control may lead to unnecessary complications such as subjecting the fiduciary to choice of law provisions, arbitration agreements, and other unfavorable, one-sided contractual terms, all of which may lead to costly litigation.

Ultimately, the face of the Act hints at two simple practices that can ensure the protection of your clients’ digital assets. First, developing a practice of counseling regarding the use (or non-use) of online tools is essential to create a cohesive plan as the tool will take priority over planning document. Second, be sure to draft new planning documents and update provisions in past plans to include access to digital assets as well as the content of electronic communications. Together, both practices will help provide for uniform directions for the

T

he OCBA invites you to submit your nomination today for a person or organization in our community outside the traditional legal profession who best demonstrates a deep commitment to the rule of law and has worked to promote civic responsibility among our citizens. The honoree will be awarded the Liberty Bell Award at a ceremony held during the OCBA Law Week Luncheon on April 27, 2017. As you make your nomination, please consider those whose work meets the following criteria:

2017 Liberty Bell, Liberty Shield & Liberty Apple Award Nominees Sought

Promoted a better understanding of the rule of law; Encouraged a greater respect for law and the courts; Stimulated a sense of civic responsibility; and, Contributed to good government within the community.

We are pleased to recognize again this year individuals in two professions in our community who do not often receive the recognition and gratitude they so

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fiduciaries and avoid the potentially draconian terms of service set forth by each custodian. As technology continues to progress, our practices must also evolve.

Luckily, by following the framework established by the Act, we can assist our clients in this increasingly digital world.

Cory B. Suter, Esq., is a member of the OCBA Estate, Trust, and Guardianship Steering Committee and focuses his practice on estate planning, corporate transactions, and asset protection. He has been a member of the OCBA since 2012.

Chapter 740, Florida Statutes.

Fla. Stat. § 740.002(9) (2016).

3 Fla. Stat. § 740.002(11).

4 Fla. Stat. § 740.002(7), (25).

5 Fla. Stat. § 740.002(16).

6 Fla. Stat. § 740.003(1).

7 Fla. Stat. § 740.002(16).

8 Fla. Stat. § 740.003(2).

9 Id. 10 Fla. Stat. § 740.003(3).

11 S. Dresden Brunner, White Paper Proposed Enactment of Chapter 740, Florida Statutes 1-3 (Digital Assets and Information Study Committee of the Real Property Probate & Trust Law Section of The Fla. Bar 2014).

12 Fla. Stat. § 740.002(4).

13 Fla. Stat. §§ 740.006 - 740.04.

14 Fla. Stat. § 740.01.

15 Fla. Stat. § 740.04(1).

16 Fla. Stat. § 740.04(2).

17 Fla. Stat. § 740.05.

18 Fla. Stat. § 740.05(1).

19 Fla. Stat. § 740.05(2).

20 Fla. Stat. § 740.05(3)-(5).

21 Fla. Stat. § 740.05(6)-(7).

1 2

richly deserve. Recipients of the following two annual awards will also be honored at the OCBA Law Week Luncheon on April 27, 2017: The Liberty Shield Award will be given to a first responder in our community who meets the criteria listed above.

The Liberty Apple Award will be given to a teacher in our community who meets the criteria listed above.

Please submit a one- to two-page nomination letter that enumerates the ways your nominee exemplifies the qualities above. Current submission deadline: February 28, 2017.

Please mail or e-mail your nomination to Kim Homer, Executive Director, Orange County Bar Association, 880 N. Orange Ave., Orlando, FL 32801, or khomer@ ocbanet.org.

For further information, contact Bart Vickers (bartley.Vickers@csklegal.com) or Randy Bock (randy@heatwolelaw.com).

www.orangecountybar.org

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Business LawCommittee

I Richard S. Dellinger, Esq.

Summary of Rule Revision in the Business Court

n early 2016, the judges assigned to the Business Court Subdivision of the Civil Division of the Ninth Judicial Circuit Court of Florida (“BCP 1.2”), along with the chief judge of the Ninth Judicial Circuit, Frederick Lauten, requested that a Business Court Commission (the “Commission”) be formed to review and revise the existing Business Court Procedures (“BCP 1.1”). The Commission included practitioners from a diverse set of backgrounds and a diverse set of experiences.

Among the Commission members were large and small firm practitioners, practitioners who typically represent plaintiffs, and practitioners who typically represent defendants. There were construction lawyers, business lawyers, commercial litigators, appellate lawyers, and other highly respected members of The Florida Bar. Mayanne Downs, Esq., the president and managing director of GrayRobinson, chaired the Commission.

Chair Downs conducted Commission meetings from January through September, 2016. Various subcommittees were tasked with reviewing the Business Court rules and suggested revisions. The Commission also solicited and considered comments from members of the Orange County Bar Association, The Florida Bar (in particular, the Business Law Section), practitioners from other parts of Florida who practice in the Business Court, members of the general public, attorneys who conducted a statewide survey of individuals who have appeared in business courts, and other interested stakeholders. Additionally, the Orange County Bar Association’s Business Law Committee met and provided comments to the Business Court judges and ommissioners. After considering these numerous and helpful comments and suggestions, the commission drafted revisions to the BCP. The purpose of the BCP is to provide a prompt, predictable, and efficient procedure to resolve business disputes in the Ninth Judicial Circuit.

Since its inception, the Business Court has been a model for other business courts throughout the State. The practicing lawyers and litigants in Orange County have expressed satisfaction with the predictability, efficiency, and high level of expertise of both the practitioners and the judiciary within the Business Court.

In late 2016, the BCP were revised to provide clarity and address the realities of practicing in the Business Court that may not have been reflected previously.

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For example, the BCP relating to the resolution of contested motions needed to better complement the Florida Rules of Civil Procedure with regard to summary judgment motions. The Florida Rules of Civil Procedure provide for the filing of affidavits in advance of summary judgment hearings. In order to accommodate the hearing requirements in the Florida Rules of Civil Procedure, and to allow for the consideration of affidavits in opposition, the Commission revised the BCP as follows: 5.5 – Motions for Summary Judgment and for Partial Summary Judgment. Motions for summary judgment and for partial summary judgment shall be considered and decided by the court on the affidavits, answers to interrogatories, admissions, depositions and other materials as would be admissible in evidence (“summary judgment evidence”) and, if a hearing is not waived, based on arguments at the summary judgment hearing.

The court will hold a hearing if the right to a hearing is not waived in the Case Management Report under BCP 6.3. In the event of a hearing, the court will also consider any additional summary judgment evidence filed in accordance with the provisions of Florida Rule of Civil Procedure 1.510(c). In order to obtain a hearing, the moving party shall (but either party may) schedule a hearing on the motion immediately after filing the motion.

The parties shall also comply with the provisions of BCP 5.14 on submission of proposed orders.

In the event the hearing referenced in Florida Rule of Civil Procedure 1.510(c) is waived by the parties in the Case Management Report, the motion for summary judgment or a motion for partial summary judgment shall be decided by the court based on the summary judgment evidence in the court file. In order to obtain a ruling from the court, the moving party shall (but either party may) provide notice to the court that the motion for summary judgment or for partial summary judgment is fully briefed by filing a Notice of Fully Briefed Motion pursuant to BCP 5.14 which shall advise the court that the right to a hearing is waived. The form and content of the notice of fully briefed motion is available at the Business Court page on the court’s theBriefs February 2017 Vol. 85 No. 2

with this requirement. In the certificate, Lead Trial Counsel for any entity party shall provide the name and title of the representative who will attend the Case Management Conference and shall certify that the representative has authority to make appropriate decisions regarding such issues listed in BCP 6.2 above as are pertinent to the case or on which there are material differences of opinion. If the court has entered an order permitting the attendance of a party or authorized representative by telephone, videoconference, or other means, Lead Trial Counsel shall certify that the party or authorized representative shall attend the Case Management Conference in the manner permitted by the court’s order.

6.4 – Case Management Conference.

The attendance in person by Lead Trial Counsel for all parties is mandatory.

All parties and representatives of any entity parties with the authority described in BCP 6.3(b) must attend the Case Management Conference in person unless excused by the court upon a timely motion and order thereon.

A motion for relief from the personal attendance requirement must be filed before the deadline for filing the Joint

website at http://www.ninthcircuit. org/about/divisions/civil-circuitcourts/complex-business-litigationcourt. The parties shall also comply with the provisions of BCP 5.14 on submission of orders.

Moreover, the BCP have been amended to reflect the litigants’ strong preference for case management conferences at the beginning of the litigation and the parties’ required attendance at those conferences.

Recognizing inconsistencies in practice, the Commission reaffirmed the parties’ attendance requirement at case management conferences. In doing so, the revised BCP provide for penalties to parties who fail to attend and to attorneys who fail to give timely notice that their clients do not intend to attend the case management conference. Those penalties are intended to be strictly enforced. The procedures now provide in pertinent part: 6.3 – Joint Case Management Report… b. In the Joint Case Management Report, Lead Trial Counsel for each party shall certify that the party (if an individual) or an authorized representative of the party (if an entity) will attend the Case Management Conference in person, unless the court has entered an order excusing compliance

Case Management Report as set forth in BCP 6.3(a), unless the basis for the request could not reasonably have been anticipated at that time. At the Case Management Conference, the court will hear the views of counsel on such issues listed in BCP 6.2 above as are pertinent to the case or on which there are material differences of opinion. If Lead Trial Counsel, a party, or a representative of an entity party with the authority described in BCP 6.3(b) fails to attend the Case Management Conference in person or in such other manner as is permitted by order of the court, the court may impose appropriate sanctions on the noncomplying party, attorney, or both.

The procedures allow for attendance at hearings via videoconference or telephone conferences. The procedures require the party seeking a videoconference to arrange the videoconference facilities and the party who wishes to appear by telephone conference to provide the conference line log in information on the Notice of Hearing.

The Commission also recommended the BCP to provide clarity on page limits for filings. The procedures now provide: continued page 37

Law Day 2017

Law Week 2017

Our Law Week activities include: Liberty Bell, Liberty Shield & Liberty Apple Awards Naturalization Ceremony Pathways in Law Job Shadowing with the Judges DUI Mock Trial Big Bad Wolf Mock Trial Poster & Speech Contest 5k Run Medal Design Contest 3rd Annual 5k Run Law Week Luncheon, April 27, 2017 We need your energy, time, and creativity! If you’re interested in participating, please contact co-chairs Andrew Roy at aroy@whww.com, or Jessica Travis at jessicatravispa@gmail.com.

The 2017 theme provides the opportunity to explore the many ways that the Fourteenth Amendment has reshaped American law and society. Through its Citizenship, Due Process and Equal Protection clauses, this transformative amendment advanced the rights of all Americans. It also played a pivotal role in extending the reach of the Bill of Rights to the states. Ratified during Reconstruction a century and a half ago, the Fourteenth Amendment serves as the cornerstone of landmark civil rights legislation, the foundation for numerous federal court decisions protecting fundamental rights, and a source of inspiration for all those who advocate for equal justice under law.

Volunteers are needed now for the Big Bad Wolf Mock Trials with elementary school kids, as well as the DUI Mock Trials for high schoolers! Don’t forget about all the other great activities that need volunteers, too! Contact Andrew or Jessica today!

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************* ************* ************* ************* *************

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SpecialFeature

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A. Felecia Epps, Dean, FAMU College of Law: A Year in Review

hen it was announced that A. Felecia Epps, Esq., a law professor from the University of Arkansas at Little Rock William H. Bowen School of Law, would be the next dean of the FAMU College of Law, those of us in the public interest sector were elated. As a former legal services managing attorney in Georgia, Dean Epps has seen a multitude of different legal issues and how they hinder less fortunate individuals from pulling themselves and their families out of Ericka S. Garcia, Esq. poverty. The reason this tie-in is incredibly important is simple: FAMU’s mission is to promote and support public interest attorneys in a culturally and racially diverse environment.

As managing attorney of the Albany office of the Georgia Legal Services program, she served victims of domestic violence and families facing landlord/tenant issues, including those in public housing. The office also handled public benefits issues, including social security cases, Temporary Assistance for Needy Families (formerly known as Aid to Families with Dependent Children), Supplemental Nutrition Assistance Program, and unemployment. All are areas of law a traditional poverty law legal service organization would be handling, especially in rural parts of the country.

While at Bowen, Epps was initially the supervising attorney for the Mental Health Law clinic, assisting clients with mental health issues through the criminal or civil mental health commitment proceedA. Felecia Epps, Esq. ings. Law students worked directly with Epps to gain the knowledge and practical skills necessary for them to thrive after graduating from law school. Dean Epps notes that “it is critical that all graduates know something about the practical side of practicing law when they leave law school.” She spent a total of 16 years at Bowen, shaping the minds of future lawyers and eventually becoming associate dean for academic affairs.

When asked why she applied to become the next dean of the FAMU College of Law, Epps responded that the school is mission-driven and that this is incredibly important to her personally.

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American. It continues to be one of the most diverse law schools in the country. The faculty is also extremely diverse, which provides a unique experience for the law students. Epps is proud that FAMU’s policies and mission welcome students from all backgrounds to apply, attend, and thrive in a law school environment. “Although LSAT scores are a factor in our admission’s process,” says Epps, “they do not tell the student’s whole story, nor are they the sole determinant of a student’s ability to succeed in law school.”

FAMU College of Law was originally opened in Tallahassee, Florida, in 1949 but was closed in 1968 when the state universities were desegregated. When FAMU’s law school closed, law books from the school were moved to the law library at Florida State University. These books were returned to FAMU College of Law in Orlando and now comprise the Virgil Hawkins Collection.

Members of the original graduating classes tell the story of the school’s closing when they interact with students on the Orlando campus. It was a hard blow for the FAMU community, especially graduates of the original law school. They, along with many civil rights leaders, fought to reopen the school.

In 2002, FAMU opened the downtown Orlando law school, which later moved to its permanent location at 201 S. Beggs Avenue, Orlando, in the spring semester of 2006. The school received full accreditation from the American Bar Association in 2009 and maintains that status.

“Professor Epps’ ability to nurture connections with the legal community and with [the] local community will support FAMU’s continued growth and impact in the region and across the state. At the same time, she is an active and engaged scholar who will focus on the student experience and support faculty members’ scholarly research and service activities,” said then-FAMU provost Marcella David.

One year later, this statement holds true, although Epps admits the work is just beginning. As soon as she started on January 3, 2016, Dean Epps hit the ground running. At The Florida Bar winter meetings held a mere three weeks after she became dean, Epps participated in a forum that included deans from throughout the state. She frequently speaks to students, alumni, and members of the community both locally and statewide. Her first goal is to learn more about the legal culture in Orlando and Flor

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ida at large. Epps says that she enjoys “getting out into the community and meeting alumni. Their warm reception inspires me.”

What’s next for FAMU’s Bright Leadership?

Dean Epps’ first priority is the academic success of her students in school and on the bar exam. “I am committed to doing everything that I can to help our students pass the bar exam on the first attempt” Epps states. She also recognizes that a robust field placement program is critical to helping law students prepare for the real world of legal practice after passing the bar. Epps says that she is “excited about the interest in field placements expressed by members of the Orlando legal community. There is an obvious need for our students to serve in the community, and there are great opportunities awaiting them.” The dean also has her eye on a professional mentorship program to pair attorneys in the community with a law student, but this program will be different from most others she’s been studying. Dean Epps envisions a detailed curriculum and guidelines on what lawyers and students can expect as they go through the mentoring process together.

CLE credit may even be obtained. Epps notes that “mentoring is important to success in our profession. I have received enthusiastic responses to this idea and look forward to working with the legal community to make it a reality.”

The dean also expects FAMU to be more engaged and committed to community service. Volunteers from the entering class engaged in three service projects during law school orientation this fall. Dean Epps praised the work done by FAMU students under the leadership of professor Patricia Broussard, Esq., in the annual Clean-Up Parramore Day, a neighborhood service project that was held in January. This event grows year by year. Epps proudly states that the event is a shining example of what FAMU College of Law is about. “Service is our mission.”

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“We want to ensure that the FAMU College of Law, its students, faculty, and staff are good neighbors who contribute to the success of our community,” Epps says. “At the same time, we want to instill in our future lawyers and leaders a burning desire to serve the underserved throughout their professional careers.”

Calls to Action Dean Epps encourages all members of the legal community and beyond to reach out and let her know what mentorship ideas they may have or, more importantly, what knowledge skills they want to ensure FAMU College of Law is teaching its students. Epps is in the middle of a “listening tour” and is ready to listen to feedback, whether good or not, about the ways FAMU can better serve its students and the community. You are welcome to contact her at felecia.epps@famu.edu.

Ericka S. Garcia, Esq., director of pro bono partnerships for The Florida Bar Foundation, works collaboratively with numerous state and local legal service organizations, law schools, and law firms to increase partnerships that will help serve additional low-income individuals and families. Her current pro bono work includes GAL cases through the Legal Aid Society of the Orange County Bar Association, Inc., and an immigration case through Immigration Equality. She has been a member of the OCBA since 2013.

EXPERT WITNESS - CPA • Business Valuation; Pension Valuation;

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

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

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PAGE 15

Legal Aid SocietyWhat We Do...

S Donna A. Haynes

Breakfast of Champions: Bernard Simmons and Shameka Keaton

imply put, if it were not for faithful supporters like you, we would not exist. Thank you for supplying the funds we need to make a difference in the lives of our low-income neighbors to ensure that access to justice is a reality right here in our community.

The Ninth Annual Breakfast of Champions raised in excess of $142,000 from more than 530 members of the legal and business community. While we did not reach our goal of $200,000, we are cognizant that our community was impacted by the Pulse tragedy, Hurricane Matthew, and presidential and local elections. Even though the legal community faced these additional challenges, those events did not decrease the legal issues affecting our low-income clients. In fact, two of those events created an even greater need for our services.

The Ninth Annual Breakfast of Champions focused on our client-centered work, and below you will find the first-person accounts of two Legal Aid clients who spoke at the breakfast. In sharing them, we hope to reinforce the importance and meaning of your personal and financial donations, and encourage those of you who were not able to attend to consider making a donation today.

Bernard Simmons “Good morning. What do you see when you look at me? Do you see a Legal Aid client? Do you see a product of the foster care system? Maybe you see a great looking, fine specimen of a man. Oh, wait, I digress. Hi. My name is Bernard. I am 25 years old. I have a son named Joey who is 6. Don’t do the math; I was a young child of 19 when his mother gave birth to him.

When you live in the foster care system you tend to grow up quicker than most. Sometimes you must – as I did. I was in the foster care system since the age of 7.

My mother was a heavy drug user and beat my little sister to death. My little sister, Casulan Nicole, was 8. I was one of 7 children placed in the foster care system. Allow me to tell you about it. I have seen five-year-old children arrive hungry, dirty, and alone in the world. Foster care has many U.S. citizen children born in poverty to parents that cannot, will not, or should not, have had children in the first place.

Like Joey’s mom, these folks typically have substance abuse problems. This is not a great foundation for raising a child. At night, in foster care, you often hear muffled crying as kids adjust to

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new surroundings, often scared and not wanting others to hear them. And, you see kids steal food, clothing, any item of comfort and security, because they have been through so much horror that they do not know whom to trust. I have heard about kids that ran away from foster care back to their abusive parents, because they just, inherently, want to be loved.

I did not want that for my son. Frankly, I did not want that for me. I impregnated a young woman and, now, carry the full responsibilities of fatherhood. Fatherhood is not for the faint at heart. As I said, my son is 6. He is an intelligent, energetic fireball, just like his Dad. Joey’s mother… she was a drug addict and alcoholic that placed her wants and needs before our son’s. One night, she crawled into my bedroom window and stole Joey.

It was time to fight for my son, to make sure he was safe and secure. I did that through the filing of a paternity and custody action. Legal Aid was there. They reacted and helped one painful step at a time. They became the threads in my blanket of support.

When Legal Aid handles custody disputes, it is for the custodial parent. Typically, the mom. But nothing is typical about my life. Legal Aid did not shy away from doing what was in the best interest of my son.

Nor, did Legal Aid shy away from doing what was in my best interest.

Legal Aid assisted me in getting legal custody of my son and paternity was established. I would have liked a forever family, but that is not in the cards for everyone. Legal Aid changed my life and through the trickle-down effect, my son’s. And, it also changed yours. Did you know it costs over $54,750 to incarcerate a person? Instead of being in jail, I am here speaking to you fine folks.

One day, I would like to open a nonprofit to help kids, like me. Today, I am a restaurant manager at Wendy’s, come visit me, I make a mean chicken sandwich. I attend Seminole State College and study business and entrepreneurship. My son is in kindergarten; he loves it. I am currently searching for a 9-5 job so that I may be more involved in his schooling. This is a big crowd – any takers?

At the end of the day, isn’t it better to save and change a life? Justice was provided for my son and I, through a small law firm with a big heart. At the end of the day, I ask you: ‘What do you see, when you look at me?’” theBriefs February 2017 Vol. 85 No. 2

Shamika Keaton “Good morning. My name is Shamika. This is my story. At the age of 13, I was placed into the foster care system because my mom was abusing me. My mom used illegal drugs and was abusing alcohol. I did not have any family that could care for me. I have a grandma that loves me, but could not take care of me.

At 15, my mother started to severely beat, abuse and neglect me.

She used whatever she could, a broom, cable cords, or anything she could reach. I ran away from my mom and became a victim of human trafficking. No child can choose to become a slave. This is something forced upon a victim. No child wants to worry about staying alive, no child wants to worry about where the next meal is coming from, or worry about diseases.

Because I was such a young child, I depended upon these predators to house, feed, and shield me. Remember, I was just 15. The people that were directly responsible for my well-being were the ones that, in a nasty way took advantage of my venerable 15-yearold body and spirit.

When there is no one to trust, you enter the dependency system with many emotional and physical needs. I needed medical and psychiatric care.

As in most human trafficking cases, the victim is resistant to help.

I did not know whom to trust. My Legal Aid attorney advocated for me to receive the care that human trafficking victims need.

That means extensive mental health counselling. My attorney did not give up on me when I gave up on myself and resisted care. In this case, the Guardian ad Litem program was there to help me. In turn, it saved and changed my life. Statistically, I should be dead, uneducated, and using drugs or alcohol. But here I am. I am in West Side Tech College. I went to counselling. I was provided health screenings and tests appropriate for a human trafficking victim. I am entering adulthood and becoming educated. I work at McDonald’s. I am saving for a car. I live with a family friend, pay rent, and participate in the home as if I were a family member.

My goal is one day to speak out and become an advocate to help others that have been in the foster care system. I am studying to be a human trafficking counselor. Today is the beginning of that journey. I can make it. Because, an attorney cared.

While attorneys advocate for the best interest of the child, know this, I am advocating for the best interests of the attorneys. I ask that you reach into your pockets deep and provide this nonprofit law firm with the dollars they need so that they save and change lives like they did mine. Thank you for all you do.”

“other donations” please donate. As we say, “no amount is too large, or too small.”

Please save the date for the Tenth Annual Breakfast of Champions scheduled for Thursday, November 2, 2017. We are soliciting sponsorships and table captains now. For more information contact, please Donna Haynes at boc@legalaidocba.org, or 407515-1850.

Donna A. Haynes, Development Director at the Legal Aid Society of the OCBA, Inc., has been a member of the OCBA since 2008.

Think about our clients thanking you, the attorneys who save and change lives. Both Bernard and Shameka advocated for the dollars that we need to continue to provide the services that we provide to clients like them.

We ask that you consider sharing these stories. If you, or someone you know, are a member of a civic group that would like to hear from Shameka or Bernard, we would be glad to provide a member of our development team to meet with your group and get out the word about the type of work we do.

If you missed the 2016 Breakfast of Champions, we are still seeking donations. Challenges like the ones mentioned in the opening of this article diminish the number of donor dollars left for nonprofit charities like the Legal Aid Society. That means we work harder and longer to bring in the funding we need.

If you, or someone you know, are interested in donating to the Legal Aid Society, please visit www.legalaidocba.org and under theBriefs February 2017 Vol. 85 No. 2

www.orangecountybar.org

PAGE 17

Chief’sColumn

T

Ninth Judicial Circuit Court of Florida Investitures

he general election held in November 2016 brought sweeping change to the nation. From the White House to state houses to courthouses, candidates were selected to lead various levels of government, including the judiciary. Here in the Ninth Judicial Circuit Court of Florida, five new judges were elected and are set to be invested in March 2017. Many are familiar faces to the bar community, but I would like to briefly introduce each of them and welcome them to their new roles.

The Honorable Frederick J. Lauten Originally from Central America, Luis Calderón grew up in Florida and graduated from the Chief Judge University of Florida with a business degree. He Ninth Judicial Circuit Court attended law school at Georgetown University and graduated as one of the youngest members of his class. He began his legal career at a litigation firm in Washington, DC, before returning to Central Florida and taking a position with the Orange-Osceola Public Defender’s Office.

Mr. Calderón later moved into private practice to focus on criminal defense, family law, post-conviction relief, appeals, and civil rights litigation. He is a member of the Hispanic Bar Association of Central Florida’s board of directors, where he Back Row (L to R) Eric DuBois, serves as the Judicial Relations chair. He is also Luis Calderón, David Johnson a board member and former president of the Front Row (L to R) Gisela Laurent, Central Florida Association of Criminal Defense Evellen Jewett Lawyers. Mr. Calderón and his wife, Jennifer, are the proud parents of toddler Luis, Jr. The Judicial Investiture Eric DuBois is an attorney, educator, and legal Ceremony will be held at analyst. As an adjunct professor at the Florida 4:00 p.m.

A&M University College of Law, Mr. DuBois has Friday, March 3, 2017 earned a reputation as a caring teacher and steward in the James W. “Chief” of the next generation of the legal community.

Wilson Auditorium He also served on the team that succeeded in at Jones High School establishing accreditation at Barry University’s Dwayne O. Andreas School of Law. Mr. DuBois 801 S. Rio Grande Ave. later became Barry University’s Associate Dean for Orlando, Florida.

Administration and helped start the law student All are invited to attend. division of the Orange County Bar Association.

Mr. DuBois earned his undergraduate degree from the University of South Florida and his juris doctor from Barry University. He has been an attorney for twelve years and opened his community-based law practice in 2013.

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Evellen Houha Jewett was born in Fort Lauderdale and is the youngest of six children. Her father was a civil engineer and her mother was a teacher. She attended public schools and got both her bachelor’s and juris doctor at the University of Florida. After beginning her law career in Fort Lauderdale, Mrs. Jewett moved to Orlando in 1991 to work for Joseph DuRocher in the OrangeOsceola Public Defender’s Office. After more than 23 years as an assistant public defender, she became a Certified Family Mediator in preparation for running for county court judge, something she has aspired to for more than 15 years. Mrs. Jewett is married to the Honorable Steve Jewett, and together they enjoy travel, live music, films, sports, and spending time with their two rescue dogs.

David Johnson has lived in and served the Orlando community since 1992. He and his wife Tracy live in Maitland with their two daughters, Katie and Lauren, and two yellow labs. Mr. Johnson earned his juris doctor from the University of Florida after completing his undergraduate studies at Michigan State University. As a longtime member of both the National Association of Criminal Defense Lawyers and the National Association of Consumer Bankruptcy Attorneys, Mr. Johnson and his law practice are focused on those practice areas.

Providing counsel on family law, civil domestic violence injunctions, and federal and state criminal defense, Gisela Laurent has represented more than 2,000 clients. Mrs. Laurent earned both her business and law degrees from the University of Florida, and previously served the Orange-Osceola Public Defender’s Office before entering private practice in 2004. Originally from Cleveland, Ohio, she has lived in Central Florida since the age of two and attended Orange County public schools. Mrs. Laurent is married to Bradley Laurent and they have four daughters.

This outstanding group of new jurists joins a group totaling 65 judges for the Ninth Judicial Circuit Court of Florida serving Orange and Osceola counties. With decades of experience, these men and women bring diverse backgrounds to the bench, and receive nearly 600,000 new cases each year. I know you will all join me in welcoming each of them as they begin their judicial assignments.

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

theBriefs February 2017 Vol. 85 No. 2

EVENING with the JUDICIARY

Thursday, March 9, 2017 5:30 p.m.– 8:30 p.m.

The Orlando Science Center

An opportunity for lawyers of all backgrounds to meet and mingle with judges and colleagues in a relaxed social setting and enjoy the history and elegance of the Orlando Science Center’s “Dino Digs.”

Hors d’oeuvres and beverages (alcoholic and non-alcoholic) are included in the price of admission.

Admission Prices:

Free – Judges $ 3o – Solo/Government/Law Students $ 45 – Private Practice $ 45 – All Guests (Including Judges’ Guests) Late RSVP and at the door – $55 for all attendees RSVPs are requested by March 6. Payment is required to confirm your reservation.

Please make all checks payable to the OCBA and mail to the event chair, Brock Hankins, c/o Allen, Dyer, Doppelt, Milbrath & Gilchrist P.A., 255 South Orange Avenue, Suite 1401, Orlando, Florida 32801.

Please include a list of attendees along with payment.

You may also pay online at the OCBA Store, www.orangecountybar.org/store.

For questions, or to volunteer, please contact Brock Hankins at bhankins@addmg.com. theBriefs February 2017 Vol. 85 No. 2

www.orangecountybar.org

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Save the Date

Thursday, April 6, 2017 ♣ 310 Lakeside 301 E. Pine St., Orlando, FL 32801

5:30 p.m.  Registration 6:00 p.m.  Tournament begins Registration Fees: OCBA Members Players  $20 per player in advance; $30 at the door Non-Players  $10 in advance; $20 at the door Non-OCBA Members Players  $30 per player in advance; $40 at the door Non-Players  $15 in advance; $25 at the door Advanced registration deadline: April 4, 2017

All registrations include heavy appetizers, kegs of beer & a limited bar tab for wine & well drinks.

Bring a bag of canned food to be donated to Second Harvest Food Bank for an additional $25 in chips.

Player re-buy in will be allowed during the first 30 minutes of the tournament for $15.

Poker Tables & dealers donated by Orlando Hold ’Em (Tips to dealers are appreciated.)

Event sponsors: First Green Bank, Umansky Law Firm, Orange Legal Litigation Support Services, and Westlaw

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theBriefs February 2017 Vol. 85 No. 2

Legal Aid Society Breakfast of Champions November 3, 2016 The Ballroom at Church Street

Champion - $10,000 Anonymous

Gold - $5,000

Galloway Family Foundation Paul & Perkins, P.A. The Honorable Charles & Linda Wells

Silver - $2,500

Carlton Fields Cole, Scott & Kissane, P.A. Foley & Lardner, LLP GrayRobinson, P.A. Holland & Knight, LLP Law Offices of Dan J. Newlin & Partners Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Roig, Tutan, Rosenberg, Martin, Stoller & Bellido, P.A. Universal Orlando Resort Zimmerman Kiser Sutcliffe P.A.

Coravious Cowart, Esq., Tanika Patrick, Isaac Hernandez

Copper - $1,000

9th Circuit Clerk of Court, Tiffany Moore Russell Accurate Serve Orlando Amscot Baker Hostetler, LLP Thomas “Tommy” Boroughs Jeffrey S. Bromme Burr & Forman, LLP Dean Mead Dean, Ringers, Morgan & Lawton, P.A. de Beaubien, Knight, Simmons, Mantzaris & Neal, LLP Dellecker, Wilson, King, McKenna, Ruffier & Sos, LLP Disney Embrace Home Loans Fisher Rushmer, P.A. Gerard Glynn Hispanic Bar Association of Central Florida KPMG Legal Realtime Reporting, Inc. Raymer Maguire Mateer Harbert OCBA Professionalism Committee OCBA Young Lawyers Section Orlando Family Firm Publix Supermarkets Charities Quintairos, Prieto, Wood & Boyer, P.A. R.A. Simasek, P.A. The Central Florida Chapter of the Association of Legal Administrators jointly with the Men’s Divorce Law Firm Timothy Terry

theBriefs February 2017 Vol. 85 No. 2

Bronze - $500

ABA Retirement Funds Program Akerman All Florida Investigations & Forensic Services, Inc. Allen, Dyer, Doppelt, Milbrath & Gilchrist, P.A. Allen Norton & Blue, P.A. Anonymous Anonymous AvMed Bio Hazard Response, Inc. British American Chamber of Commerce Brown & Brown of Florida, Inc. Luis Calderon Curtis Protective Services, Inc. Eric DuBois First Green Bank Family Law Software FAMU School of Law Anonymous Julia Frey Nick Grounds - Financial Advisor Hurley, Rogner, Miller, Cox & Waranch, P.A. Kest Family Law, P.A. Killgore, Pearlman, Stamp, Ornstein & Squires, P.A. Law Offices of Tad A. Yates, P.A. Legal Talent, LLC

Kimberly Lopez Malik Law, P.A. Milestone Reporting N. Diane Holmes, P.A., Family Law Group Orlando City Youth Soccer Orlando Solar Bears Our Family Wizard Pruett-Williams Insurance Agency, Inc. Emery H. Rosenbluth Jr., Esq. Rumberger, Kirk & Caldwell, P.A. Searcy Denney Scarola Barnhart & Shipley, P.A. Shannin Law Firm, P.A. The Hon. Jose Rodriguez and Ana Tangel-Rodriguez The Law Office of William A. Davis, Jr., P.A. The Roy Family TJM Communications Total Health Guidance Beth A. Tuura U.S. Legal Support Vanguard Cleaning Systems Virgin Atlantic Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC Westbrook, LLC

www.orangecountybar.org

PAGE 21

In-Kind Donations

Access Transportation Adam Alexander James Alexander All Florida Private Investigations Allegra Printing Boehm & Boehm Crossman & Company Curtis Protective Services, Inc. D4 Discovery Darin Back Photography Disney First Choice Reporting Grand Bohemian Hotel Orlando Jim Alexander Bakery Alissa Lapinsky Legal Real Time Reporting Leanne Levett Marcus Luttrell Daniel Murphy, Esq., father of Congressional Award recipient Michael Murphy Orange County Bar Association Orange County Bar Association Young Lawyers Section Orchid Cleaners Orlando Modern Quilt Guild Retriever Payment Systems Sleep Angel Sleep Territo Information Systems The Baker Press The Presentation Group Total Health Guidance Vail Living Agency Westbrook Service Corporation Wycliffe

Wiley Boston, Esq., Donna Haynes

Wiley Boston, Esq., President, OCBA Joe Amos, Esq. Jamos Mobley, Esq., Emery Rosenbluth Jr., Esq.

Maureen McArdle, The Hon. Bob LeBlanc, Caitlin Frenkel

Tony Sos, Esq. Judi Ruberg, Esq.

Bruce Blackwell, Esq. Mike Resnick, Esq.

Paul SanGiovanni, Esq., Mary Ann Morgan, Esq., Wayne Helsby, Esq., Bill Schifino, Esq., President, The Florida Bar, Michelle Suskauer, Esq. PAGE 22

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Nick and Kathy Grounds

theBriefs February 2017 Vol. 85 No. 2

Legal Aid Society Breakfast of Champions

Charles Wells, Esq., The Hon. Frederick Lauten, Chief Judge, Ninth Judicial Circuit

Mary Anne De Petrillo, Esq.

David Cannella, Esq., President, Legal Aid Society, Angel Bello-Billini, Esq.

Hon. Donald Myer, Hon. Jose Rodriguez, Paul SanGiovanni, Esq., Hon. Brian Duckworth, Michael Barber, Esq. Liz McCausland, Esq., Meena Hirani, Esq., Tad Yates, Esq.

Larri Thatcher, Esq., Bernard Simmons

theBriefs February 2017 Vol. 85 No. 2

Hon. Jose Rodriguez, Ana Bernal Roberts, Esq., Alexander Hernandez

www.orangecountybar.org

PAGE 23

Lake Baldwin Park 4963 New Broad Street • Orlando, FL 32814 7:30 a.m. – Check-in • 8:00 a.m. – Run begins Registration Fees: $30 – Feb. 1 - Apr. 15 $35 – Apr. 16 - race day NEW! Virtual Race Registration $30 – Dec. 5 - Apr. 15 Chip timing, custom shirts, kid’s run, entertainment, refreshments, finisher medals, and FUN! For details and to register, go to http://www.runsignup.com/ocbalawday5k SPONSORSHIPS AVAILABLE! Contact Amanda Nethero at amandan@ocbanet.org or Nikki Rodeman at ocbalawday5k@gmail.com

Proceeds benefit the Legal Aid Society of the OCBA, Inc. and the OCBA Foundation.

Watch Clients Come to YOU FLEXIBLE MONTH-TO-MONTH CONTRACTS SERVING CENTRAL FLORIDA AND SURROUNDING AREAS

PAGE 24

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theBriefs February 2017 Vol. 85 No. 2

THE ART OF THE REFERRAL Orange County Bar Association Election Notice The names of nominees for the following offices are listed on the OCBA website.

OCBA Vice President /President-Elect OCBA Treasurer OCBA Secretary OCBA Executive Council Members Legal Aid Society Board of Trustees Young Lawyers Section At-Large Board Members Voting shall be by electronic ballot emailed to each voting member of the Association on Wednesday, March 1, 2017. Members eligible to vote will receive, via email, a secure, non-identifying link to the electronic ballot.

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By February 6, 2017, members eligible to vote must have a current, working email address on file in the BUSINESS EMAIL ADDRESS line in their membership record. To update their record, members must go to the OCBA website (www.orangecountybar.org), login to their record, select “Edit your information,” and update the information. Eligible voters who do not have a working email address will receive a paper ballot.

Voting will begin on Wednesday, March 1, 2017 and close on Friday, March 31, 2017. Electronic ballots must be cast no later than midnight March 31, 2017, and paper ballots must be received in the OCBA office no later than 5:00 p.m. March 31, 2017.

This election is being conducted on behalf of the OCBA by Intelliscan, Inc., an independent election services provider. All voted ballots, whether cast electronically or via paper ballot, will be certified by the Secretary of the OCBA. If you have any questions, please contact the communications manager at 407-422-4551, ext. 227, or peggys@ocbanet.org.

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Join local bar associations & sponsoring law firms welcome students from local law schools to this mentoring event.

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 Patents  Trademarks  Copyrights  Litigation  theBriefs February 2017 Vol. 85 No. 2

www.orangecountybar.org

PAGE 25

Paralegal Section Toys for Tots Holiday Party December 7, 2016 Citrus Club

Sponsored by: 4D • Phipps Reporting • First Choice Reporting • The Maher Law Firm Greenberg Traurig, LLP • Palmer, Weiss, Grunor & Barclay Law

PAGE 26 www.orangecountybar.org

theBriefs February 2017 Vol. 85 No. 2

ParalegalPost Is There Anybody Out There?

Finding Content Created for Paralegals

I Shannon E. Casey, FRP

know it, you know it, and hopefully everyone knows it: paralegals are an integral part of the legal industry and aren’t going anywhere anytime soon. However, I cannot help but notice that when I find content relating to the legal field – from news articles to training resources – the vast majority of it is geared towards attorneys, and paralegals seem to be somewhat of an afterthought. While it certainly cannot hurt paralegals to consume content created for attorneys, there is something special to be said about spaces that are dedicated to our unique role in the legal field.

With that in mind, I went on the hunt for free, easy to access, paralegal-oriented content. Here is what I found.

The Paralegal Voice (podcast) Hosted by former National Association of Legal Assistants’ president Vicki Voisin, The Paralegal Voice is a monthly podcast for and about paralegals that covers issues and trends relevant to the profession. The show features appearances from leading paralegals and other legal professionals.

It provides a wealth of down-to-earth content for paralegals of all levels of experience and areas of expertise. The Paralegal Voice is available for free on iTunes and Stitcher. You can also listen on their website, legaltalknetwork.com. In addition to hosting The Paralegal Voice, Vicki publishes a weekly e-newsletter for paralegals – “Paralegal Strategies” – and maintains a blog, The Paralegal Mentor, at paralegalmentor.com/blog.

Recommended podcast episode: “The ‘Pink Collar’ Profession: The Male Paralegal’s Perspective” The Paralegal Society (blog and forum) In addition to posting informative paralegal-specific content, The Paralegal Society has created a platform for paralegals to connect and socialize in a welcoming environment through its LinkedIn group. The mission of The Paralegal Society is to “orchestrate a much-needed change in the social aspects of education, mentorship, and camaraderie for paralegals throughout the country.” The Paralegal Society can be found at theparalegalso-

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ciety.wordpress.com, and their private LinkedIn group can be accessed by connecting with moderator and mentor, Jamie Collins.

Recommended post: “Help! I am a Paralegal Trapped in a Paper Prison” by Jamie Collins The Empowered Paralegal (blog) Robert E. Mongue, J.D., an assistant professor of legal studies at the University of Mississippi, created this blog while researching the perception of paralegals as professionals. Robert provides extensive commentary on the issues that impact paralegals. His website features a directory of resources to help paralegals educate themselves about their profession and reach their potential. The Empowered Paralegal can be found at theempoweredparalegal.com.

Recommended post: “Sloppy or Misleading” The Estrin Report (blog) The Estrin Report is the blog of Chere Estrin, the CEO and founder of the Paralegal Knowledge Institute. Created in 2005, The Estrin Report was one of the first blogs devoted to paralegals, and it has never shied away from tackling controversial topics. The Estrin Report describes itself as being “created for professional paralegals – not of a certain level, specialty or firm – but of a particular attitude.” The Estrin Report can be found at estrinlegaled.typepad.com.

Recommended post: “Will Paralegals End Up With Too Much Power?”

If you enjoy these podcasts and blogs, please be sure to comment, rate, and participate when you visit each website or listen to a podcast. I encourage you to support those creating these sites and enabling paralegals to lead, learn, and laugh. Take advantage of these resources and start connecting today!

Shannon E. Casey, FRP, is a paralegal with Greenberg Traurig LLP. She is the secretary/treasurer of the OCBA’s Paralegal Section and has been a member of the OCBA since 2013.

PAGE 27

YLS PhotoOps

YLS Holdiay Party, held December 8, 2016, at The Vue on Lake Eola.

YLS members with the Basket Brigade of Central Florida preparing to deliver Thanksgiving baskets to deserving area families.

The YLS happy hour on November 9, 2016, at Harry Buffalo’s benefited the Basket Brigade Thanksgiving community outreach effort.

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theBriefs February 2017 Vol. 85 No. 2

YLS on the move

I

Jennifer A. Smith, Esq.

t may not be cold outside, but the YLS holiday season was certainly cool. Here is what we have been up to: In addition to supporting the Legal Aid Society through our many events and fundraisers, YLS also donated $1,000 to sponsor the Legal Aid’s Breakfast of Champions on November 3, 2016, the principle fundraiser for the organization. YLS members also filled a table of individuals who also donated to the cause.

The final numbers are in on the YLS happy hour held in November to benefit the Basket Brigade of Central Florida. More than 50 YLS members attended the happy hour, donated over $200, and contributed 30 baskets full of Thanksgiving food and necessities, and loads of non-perishable food items. The Saturday before Thanksgiving, our YLS volunteers helped the Basket Brigade deliver more than 700 baskets to deserving families throughout Central Florida. Once again, kudos to event chair Amber Williams, Esq. On December 8, 2016, the YLS put on their best holiday attire and celebrated the season at The Vue on Lake Eola. Young lawyers and their guests enjoyed catered food and drinks thanks to U.S. Legal Support, which sponsored the event. The evening was more than just merriment. Attendees brought gifts or monetary donations to benefit Great Oaks Village Foster Care Facility, and in total we were able to provide 58 gifts and $383 in cash and gift cards.

On January 10, 2017, YLS members gathered for our Annual Holidays All Year Long Happy Hour at Saddle Up in Downtown Orlando. This year we purchased gifts for the children at the Orlando Children’s Church with the proceeds from the happy hour and silent auction. By the time you read this, we will have thrown a holiday giftgiving party for the kids.

Mark your calendars for these upcoming events: February 17 – Our February Luncheon will be held from 12:00 p.m. to 1:00 p.m. (check-in is from 11:30 a.m. to 11:55 a.m.) at the Citrus Club in downtown Orlando. To RSVP, you may purchase your ticket online at the OCBA store, or

theBriefs February 2017 Vol. 85 No. 2

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RSVP to Rachel Lowes, Esq., at yls.ocba@gmail. com and bring cash, check, or a credit card to pay at the door. A late charge of $5 will be added for all RSVPs made after February 14. For a threecourse meal, the cost is only $10 for all attendees thanks to our amazing sponsors: Professional Litigation Support and Keiron Partners.

February 25 – The OCBA Gala at the Winter Park Racquet Club. Join us at 7:00 p.m. for a Mardi Gras evening featuring, among other delights: jambalaya, red beans and rice, crawfish étouffée, carving stations, king cake, and New Orleans signature drinks such as Abita beers, Hurricanes, and Sazerac. Music, dancing, a palm reader, and a caricature artist will all be part of the festivities. Costumes not required! Cocktail attire encouraged. Tickets are $125 per person through February 11, and $150 per person beginning February 12. Purchase tickets at the OCBA store. And, if you or your firm would like to sponsor this event, which benefits the OCBA Foundation, Inc., see the sponsorship form at the store, too, or contact Karen Persis, Esq., at karen@karenpersis.com, or Amber Davis, Esq., at adavis@bwsmiplaw.com today, and get all kinds of sponsorship benefits!

March 9 – Evening with the Judiciary will be held again this year at the awesome Orlando Science Center in downtown Orlando. “Dino Digs” is the place to be from 5:30 p.m. to 8:30 p.m. to enjoy the company of your colleagues and members of our judiciary. Hors d’oeuvres and drinks (both alcoholic and non-alcoholic) will be served in style as you try to avoid the prying eyes of our ferocious friends. See the ad on page 19 in this issue of The Briefs for details about admission fees and how to RSVP. Be sure to RSVP by March 6 to avoid the late fee.

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

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SideBar PhotoOps

GOAABA Networking Luncheon at Tabla, November 11, 2016

HBACF Holiday & Installation Gala, December 8, 2016

PAGE 30

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theBriefs February 2017 Vol. 85 No. 2

SideBar

O

ur local voluntary bar organizations ended 2016 and rang in 2017 by celebrating the holidays and giving back to our communities.

Here’s a recap of some of the activity taking place by your voluntary bar organizations.

Kimberly A. Lopez, Esq.

GOAABA The Greater Orlando Asian American Bar Association (GOAABA) held a networking luncheon on November 11, 2016, at Tabla restaurant in south Orlando. The attendees included members as well as some new faces, and everyone enjoyed the delicious food and networking opportunity.

GOAABA members also participated in two Holidays All Year Long events. On January 10, 2017, GOAABA joined the OCBA Young Lawyers Section’s fundraising happy hour at Saddle Up to purchase gifts for children at the Orlando Children’s Church in Maitland. The groups held a second event – a party for the children – on January 28.

Thanks go to GOAABA member Annie Kwong, Esq., for her dedication to these events.

GOAABA also is gearing up for the Central Florida Mentoring Picnic at FAMU College of Law on February 11, 2017. The event is co-chaired by GOAABA’s president-elect, Vanessa Braga, Esq., and is funded by a Diversity Leadership Grant from The Florida Bar. Stay tuned for other upcoming GOAABA events, including a mentorship program for local students and an attorney panel discussion for students to learn about diverse opportunities in the legal profession. Both events are planned for the spring.

board members are: Diego Puig, Esq. (president); Ani Rodriguez-Newbern, Esq. (president-elect); Irene Pons, Esq. (treasurer); Denisse Ilabaca, Esq. (secretary); Juan de la Torre, Esq. (by-laws/ events chair); Camila Pachon Roldan, Esq. (community relations chair); Ana Lopez, Esq. (Florida Bar liaison); Kevin Ross-Andino, Esq. (fundraising chair); Fermin Lopez, Esq. (government relations chair); Frank Serrano, Esq. (judicial relations chair); Vanessa Cotto, Esq. (membership chair); Henye Perez, Esq. (OCBA liaison); Jessica Gonzalez-Monge, Esq., and Natalie Quinonez, Esq. (public relations chairs); Christina Alvarez, Esq. (recruitment chair); Sandra K. Artreche, Esq. (young lawyers chair); and Henry Lim, Esq. (ex-officio/immediate past president).

At the HBACF holiday event, the organization recognized Judge Jose Rodriguez as Jurist of the Year, and Juan de la Torre, Esq., as General Member of the Year. Awards also were presented to Diego Puig, Esq., as Board Member of the Year, and RMI Solutions as Sponsor of the Year.

Remember, “SideBar” is for you! Please send news about past or future events, along with photos and IDs, to my attention at Kimberly.lopez@akerman.com.

Kimberly A. Lopez, Esq., Akerman LLP, is an associate in the firm’s Litigation Practice Group. She focuses her practice on diverse commercial and business litigation matters.

She has been an OCBA member since 2008.

HBACF The Hispanic Bar Association of Central Florida (HBACF) celebrated the holidays with a holiday party and installation gala. The new officers and

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PAGE 31

PhotoOp Inn of Court This year the George C. Young American Inn of Court members are presenting on Supreme Court cases that have made a lasting mark on the country.

The topic for November was “Voting in America.” There was lively discussion about the evolution of voting rights cases in the U.S. Supreme Court from Reynolds v. Sims to the present cases, including Citizens United v. FEC. The presentation came on the heels of the election and the audience was especially engaged. The participants each played the role of a current justice given the justices’ positions on the cases and tried to forecast how a then-Presidentelect Trump’s Supreme Court appointee would rule.

From left to right are: Davidson Anestal (Justice Kennedy) Gary Salzman (Justice Alito) Katherine Sloan (Justice Ginsburg) Jennifer Aybar (Justice Sotomayor) Daniel Whitehouse (Justice Thomas) Nikie Popovich (Justice Kagan) David Bear (Justice Roberts) Fred Barnes (Justice Breyer) James Washburn (Trump appointee).

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theBriefs February 2017 Vol. 85 No. 2

Help Your Clients Protect Their Loved Ones

Join us for breakfast and meet other OCBA members.

This morning series will give you opportunities to expand your network, meet new people, and enjoy informal stories from some of our long-time members.

Speaker: Leon Handley, Esq.

Rumberger, Kirk & Caldwell, P.A. Tuesday, March 14, 2017 8:00 a.m.-9:30 a.m.

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Tuesday, April 4, 2017 Former Judge C. Jeffery Arnold, Esq. Tuesday, May 2, 2017 Darryl Bloodworth, Dean Mead

Every adult who owns property in his or her name alone needs the following documents at a minimum: 1) Last Will and Testament, 2) Living Will, 3) Designation of Health Care Surrogate, and 4) Durable Power of Attorney.

Depending on their circumstances, they may also need: 5) Trust for Minors, 6) Living Trust, or 7) Designation of Health Care Surrogate for a Minor Having the Durable Power of Attorney and Health Care Surrogate documents in place can avoid the need for a guardianship if the person becomes incapacitated. They can also help unmarried couples to have access to their partner in a hospital setting where access may be denied because they do not have a familial relationship.

These documents need to be in place before someone becomes incapacitated – otherwise they will need a guardianship which will be more expensive. If people plan ahead, they can designate the person(s) they choose to make the important decisions for them.

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theBriefs February 2017 Vol. 85 No. 2

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PAGE 33

Hearsay...

If we cannot now end our differences, at least we can help make the world safe for diversity.

– President John F. Kennedy am often reminded of the diverse group of attorneys, legal professionals, and law students that comprise the OCBA. Whether I am at an OCBA event or at a local voluntary bar association event, I can count on meeting someone who has a different outlook on life based on his or her experiences. I hope you will consider joining your fellow OCBA members at the 2017 Central Florida Diversity Mentoring Picnic on February 11, 2017 at Florida A&M College of Law, which aspires to encourage networking among attorneys and students and aims to continue the dialogue on diversity in the legal profession. With that, I’ll hop off my “soap box” and present to you this month’s “Hearsay” column.

I Vanessa A. Braga, Esq.

Awards, Accomplishments, and Professional Recognitions Four partners from the Orlando office of ShuffieldLowman were selected by their peers for inclusion in the 2017 edition of The Best Lawyers in America. This list includes Heidi W. Isenhart, Esq. (elder law), J. Steven McDonald, Esq., (commercial litigation), and Lynne R. Wilson, Esq. (real estate). The Best Lawyers in America is based on an exhaustive peer-review survey in which attorneys cast votes on the legal abilities of other lawyers in their practice areas.

David H. Spalter, Esq., of Jill S. Schwartz & Associates, P.A., discussed “The Department of Labor Overtime Rule Implications and How to Comply” at Inclusion International and the ARC’s National Convention and International Forum held in October of 2016. David discussed how the Department of Labor’s non-enforcement policy applies to employers and the options that employers had to ensure compliance with the rule.

John Gihon, Esq., of Shorstein, Lasnetski & Gihon, LLC, spoke to the Orange County Bar Association on the topic of the “Crossover of Criminal and Immigration Law” in August of 2016. John discussed the various outcomes in criminal cases and the potential consequences in immigration cases.

Lori Caldwell-Carr, Esq., of the InFocus Family Law Firm, has been elected president of the Central Florida Family Law Inn for a second term.

The purpose of the Central Florida Family law Inn, Inc. is to bring together family law practitioners (attorneys, judges, magistrates, professors and students) to socialize, learn, and enjoy a meal while receiving approved continuing legal education credits. The Inn provides social interaction and mentoring among Inn members at all levels from students to the judiciary. Congratulations!

PAGE 34

www.orangecountybar.org

Elizabeth A. Green, Esq., a partner in the Orlando office of BakerHostetler, was awarded a prestigious Law360 Bankruptcy MVP award for 2016. The Law360 MVP award recognizes five attorneys in the particular practice area who “had extraordinary wins and contributed most to their practice area” in the preceeding year.

Leadership in the Community Nicole Latham Carolan, Esq., with Winderweedle, Haines, Ward & Woodman, P.A., was reappointed to serve on the 2017 CREW Orlando board of directors as the director of member services. Nicole is currently on the CREW board as the director-at-large and chaired the organization’s fourth annual Women at the Top luncheon. Her term began in January 2017. Commercial Real Estate Women (CREW) was formed to attract the most powerful and influential professionals in the commercial real estate industry.

Glenn A. Adams, Esq., a partner with Holland & Knight LLP in Orlando, was selected to participate in Class XXXV of Leadership Florida. Leadership Florida is a statewide community of leaders working for a better Florida. Created in 1982 by the Florida Chamber of Commerce, the organization continues to build a sense of community across the state by training individuals with the passion and commitment to achieve greatness.

Cecelia Bonifay, Esq., a partner in the Orlando office of Akerman LLP, was appointed secretarytreasurer of the Orlando Economic Development Commission (Orlando EDC). The EDC’s mission is to promote Orlando into a more prosperous and diverse economy while transforming the city into a national model for quality job growth.

On the Move OCBA immediate past-president, Jamie Billotte Moses, Esq., has joined Holland & Knight LLP’s Orlando office as a senior counsel of the litigation section and appellate team.

Catherine P. Hanna, Esq., and Melissa T. Strassner, Esq., have joined the Orlando office of ShuffieldLowman. Catherine will be working in the litigation department. Melissa handles a broad array of litigation areas, including trusts and estates, real estate, and commercial matters.

Team GrayRobinson welcomes two new associates in the firm’s Orlando office: Jeff Aaron, Esq., and Daniel J. Kavanaugh, Esq. Jeff focuses his practice on litigation and intellectual property. Daniel’s practice centers on litigation.

Nancy Conicella, Esq., Diana Coronel David, Esq., Brian C. Lawrence, Esq., and Steven Strickland, Esq., have joined the Orlando office of Lowndes, Drosdick, Doster, Kantor & Reed, as associates. Nancy focuses on land use and

theBriefs February 2017 Vol. 85 No. 2

zoning. Diana primarily practices estate planning, trust administration, guardianship, elder law, and federal tax law. Brian concentrates on general commercial litigation, personal injury and wrongful death, and intellectual property. Steven’s practice centers on complex business transactions and corporate finance and securities issues.

Steve Burres, Esq., was promoted to general counsel of Rotech Healthcare, Inc. Neda Khosravani, Esq., has joined Winderweedle, Haines, Ward & Woddman, P.A. in Orlando, focusing on commercial lending, real estate transactions and land use, and development.

Meredith McAvoy, Esq., and Jenna Winchester, Esq., have joined the Orlando office of Dean, Ringers, Morgan & Lawton, P.A., focusing on general liability, constitutional law, and workers’ compensation insurance defense. Jennifer G. Haynes, Esq., has joined Boyd & Jenerette P.A., as an associate focusing on construction law with an emphasis on construction defection litigation.

Michael T. McManus, Esq., has joined the Orlando office of FordHarrison LLP, as an associate attorney. Michael focuses his practice on management-side labor and employment law. Branden Weber, Esq., has joined Carlton Fields in Orlando as an associate in the business litigation section of the trial practice group.

I hope your New Year’s resolutions are still going strong. People often say that it takes an average of 21 days for something to become a habit. So, hopefully, you are working on the habit of sending news to us. Thank you to those individuals who continually send “Hearsay” news month after month. I encourage you to send updates to vanessa.braga@qpwblaw.com. It only takes a few seconds and is gratis publicity for all OCBA members. Until next month, take care “Hearsay”!

Vanessa A. Braga, Esq., is an associate attorney with Quintairos, Prieto, Wood & Boyer, P.A., practicing in the areas of premises liability, nursing home and assisted living defense litigation, and medical malpractice defense. She has been a member of the OCBA since 2014.

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

•Advertising•

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

•Legal Support Services•

Boehm & Boehm Forensic Media Consulting – Certified Comprehensive Litigation Support Solutions Florian Boehm • 5036 Dr. Phillips Blvd., Ste. 155, Orlando, FL 32819 407-405-8483 • florian@boehmboehm.com Westlaw, a Thomson Reuters business – Westlaw, Legal Products and Services. Westlaw offers new OCBA members a 10% discount on the annual fee for services for your first year of OCBA membership.

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

Evelyn Quintana • 315 E. Robinson St. S-510, Orlando, FL 32801 • 407-423-9900 evelyn@milestonereporting.com Data Analyzers Digital Forensics & E-Discovery – Concrete Evidence, Solid Testimony, Successful Outcomes!

Andrew von Ramin Mapp • 805 S. Kirkman Rd, Ste. 202, Orlando, FL 32811 321-206-6718 • andrew@forensicanalyzers.com

Mark Your Calendars February 16

Professionalism Committee Major Seminar Professionalism in Negotiation: Transaction, Litigation, and Mediation 9:00 A.M.-2:00 P.M. • OCBA CENTER

March 30

Business Law Committee Major Seminar Topic: TBD 12:00 P.M.-3:30 P.M. • OCBA CENTER Details regarding topics, CLE, speakers, and fees will be posted online and included in e-blasts as information becomes available. orangecountybar.org theBriefs February 2017 Vol. 85 No. 2

Perfect Practice – Software that fits your practice. – Replace the hodge podge of software with one integrated solution. Perfect Practice fits your practice without changing the way you manage your practice.

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

•Professional Services•

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

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

www.orangecountybar.org

PAGE 35

in the black box under the list of titles, don’t put the meeting time.

Legal Aid Society of the Orange County Bar Association, Inc. 2016 Free Lunchtime Learnings / CLE Applied for All Marks St. Senior Center |||| 99 E. Marks St., Orlando, FL 32803 February 7, 2017

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

Advocating for Children with Autism – Special Considerations and Local Resources

February 21, 2017

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

The Intersection of Human Trafficking and Dependency: Protecting Child Victims

March 7, 2017

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

Delinquency

March 21, 2017

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

Landlord / Tenant Law

April 4, 2017

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

Early Childhood Specialty Court

April 18, 2017

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

Family Law Discovery and Trial Prep

May 9, 2017

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

TPR Training

May 23, 2017

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

Family Law Issues

June 6, 2017

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

Serving Dependent Children with Developmental Disabilities

June 20, 2017

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

Defenses to Debt Collection and Garnishment

July 11, 2017

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

Keeping Children Safe Act / Sex Abuse & Chapter 39

July 25, 2017

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

Guardianship of the Person

August 8, 2017

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

Suitability Assessments

August 22, 2017

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

Panel on Ethics Issues for Pro Bono Attorneys

September 12, 2017

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

Equipping Children with Emotional Tools for Testimony, Reunification, and Parental Separation

September 26, 2017

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

Restoration of Rights

October 3, 2017

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

Adoption via Dependency Court

October 17, 2017

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

Family Law Issues

November 7, 2017

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

Impact of Early Childhood Trauma

November 14, 2017

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

TPS from Qualified Countries

December 5, 2017

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

TOPIC: TBD

December 12, 2017

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

Technology for Pro Bono Attorneys

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

PAGE 36

fs February 2017 Vol. 85 No. 2

www.orangecountybar.org theBrie

The members of the Commission were Mayanne Downs, Esq., Business LawCommittee continued from page 13

5.1 – Form… For the purposes of calculating the page limits, the signature block, certificate of service, certificate of good faith conference and case caption are excluded. …

The Commission also amended the BCP to provide clarity on filing discovery (discouraged, per BCP 5.17 and 7.5); continuances (trial date continuance signed by party, per BCP 13.4); scheduling (10 days’ notice if no cooperation, per BCP 7.2(ii)); and motions in limine (discouraged in bench trials, per BCP 10.2).

The Commission adopted procedures for addressing pleadings that do not comply with the requirements of the BCP. The procedures now provide: 12.2 – Notice of Noncompliance. If a filing does not comply on its face with the formatting, certification, page limit, timeliness, or other requirements of the Business Court Procedures, any party may file a Notice of Noncompliance.

The Notice of Noncompliance shall be limited to identifying the filing and the facial defect(s) at issue and shall not contain argument or raise factual disputes. The party filing the Notice of Noncompliance shall send copies of the Notice of Noncompliance and the filing to which it relates to the division email address: div32copies@ocnjcc.org for Division 32 and div43copies@ocnjcc.org for Division 43. In response to a Notice of Noncompliance or acting sua sponte, the court may in its sole discretion strike the noncompliant filing or impose other sanctions. The filing of a Notice of Noncompliance shall not toll any response time or suspend any other obligation unless the court orders otherwise.

Finally, the Commission amended the BCP to refer professionalism disputes to the Florida Supreme Court approved professionalism panels. With regard to professionalism disputes, the procedures now provide: 14.3 – Professionalism. The Court expects all who practicing [sic] before it to practice with professionalism and the Court would prefer that professionalism disputes be resolved outside of the Courtroom. On June 6, 2013, the Supreme Court of Florida adopted SC13-688 which includes a Code for Resolving Professionalism Complaints. In the Ninth Judicial Circuit, Administrative Order No. 2014-07-A established the Ninth Judicial Circuit Court Local Professionalism Panel (the “Professionalism Panel”) to receive, screen, evaluate, and act upon such reasonable complaints of unprofessional conduct as may be referred to the Professionalism Panel. Such complaints are reviewed and evaluated in the context of the standards of professionalism set forth in the Oath of Admission to The Florida Bar, The Florida Bar Creed of Professionalism, The Florida Bar Ideals and Goals of Professionalism, the Rules Regulating The Florida Bar, the decisions and administrative directives of the Florida Supreme Court, the professional standards of the Osceola County Bar Association and the Orange County Bar Association’s Professionalism Guidelines.

The Professionalism Panel will seek to resolve complaints informally if possible, and, if necessary and appropriate, refer such complaints to The Florida Bar. Proceedings before the Professionalism Panel will remain confidential.

The Commission’s work on these rules is intended to provide the framework for the just and efficient resolution of disputes in the Business Court context. The members of the Commission hope that these rules accomplish that purpose. theBriefs February 2017 Vol. 85 No. 2

chair; Circuit Judge Alice L. Blackwell; Circuit Judge Lisa Munyon; Kimberly Ashby, Esq.; Richard Lee Barrett, Esq; Euri Cerrud, Esq.; Daniel Coultoff, Esq.; Richard S. Dellinger, Esq.; Vincent Falcone,Esq.; Suzanne Gilbert, Esq.; Todd Hoepker, Esq.; Atheseus Lockhart, Esq.; Michael Sasso, Esq.; Nicolette Vilmos, Esq.; and Carrie Ann Wozniak, Esq. Richard S. Dellinger, Esq., Lowndes, Drosdick, Doster, Kantor & Reed, P.A., is an AV-Rated litigation attorney with more than 16 years of experience. His practice includes complex litigation, civil litigation, commercial litigation, business litigation, intellectual property litigation, significant dissolution of marriages, and probate and trust litigation. He is currently treasurer of the OCBA and has been a member since 2000.

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PAGE 37

New Membe rs Attorneys

Anessa M. Allen Santos Patricia A. Bowden Josh Corriveau Brian C. Lawrence Meredith L. McAvoy Antonio Pagan Branden M. Weber Jenna M. Winchester

Associate Elizabeth L. Booth

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Marshall, Dennehey, Warner, Fassett, Anthony & Taylor, P.A Allen, Norton & Blue, P.A. Coleman & Goggin Fisher Rushmer Amy E. Goodblatt, P.A. McDonald Toole Wiggins, P.A. Frank A. Hamner, P.A. Anderson & Ferrin, Attorneys at Law, P.A. McMichen, Cinami & Demps PLLC Gasdick Stanton Early, P.A. Anderson Hew, PLLC McMillen Law Firm, P.A. Giles & Robinson, P.A. Arwani Nava Law Firm, PLLC McShane & McShane Law Firm, P.A. Harris Harris Bauerle Ziegler Lopez Banker Lopez Gassler P.A. Meenakshi A. Hirani, P.A. Heatwole Law Firm, P.A. Barrister Law Firm, P.A. Meglino Morse Law, LLC Higley & Szabo, P.A. Benitez Law Group, P.L. Men’s Divorce Law Firm Hilyard, Bogan & Palmer, P.A. Beshara, P.A. Morgan, White-Davis & Martinez, P.A. Billings, Morgan & Boatwright, LLC Hornsby Law Murphy & Berglund, PLLC Bodiford Law Group Infocus Family Law Firm, P.L. Murrah Doyle & Wigle P.A. Burr & Forman Jill S. Schwartz & Associates, P.A. N. Diane Holmes, P.A. Carr Law Firm, P.A. Keating & Schlitt, P.A. O’Mara Law Group Cole, Scott & Kissane, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Ossinsky & Cathcart, P.A. Colling Gilbert Wright & Carter, LLC Korshak & Associates, P.A. Provencher & Simmons, P.A. Kosto & Rotella, P.A. Cullen & Hemphill, P.A. Ringer Henry Buckley & Seacord, P.A. Law Offices of Amber Jade F. Johnson, P.A. Cynthia Conlin & Associates Roman V. Hammes, P.L. Law Offices of Brent C. Miller, P.A. DeCiccio & Johnson Rumberger, Kirk & Caldwell P.A. Law Offices of Mark L. Horwitz, P.A. Dellecker Wilson King McKenna Sasser & Weber, P.A. Ruffier & Sos, LLP Legal Aid Society of OCBA, Inc. Sawyer & Sawyer, P.A. Divine & Estes, P.A. Lewis & Crichton SeifertMiller, LLC Faddis & Faddis, P.A. Lim & Associates, P.A. Small Business Counsel Marcus & Myers, 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 Dill Law Group The Draves Law Firm, P.A. The Elder Law Center of Kirson & Fuller The Llabona Law Group The Maher Law Firm, P.A. The Orlando Law Group The Skambis Law Firm The Smith Family Law Firm, P.A. Vose Law Firm, LLP Warner & Warner, P.L. West, Green & Associates, P.L. Wicker, Smith, O’Hara, et al.

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Wooten Kimbrough, P.A. Yergey & Yergey, P.A.

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PAGE 38

www.orangecountybar.org

theBriefs February 2017 Vol. 85 No. 2

Events Feb. 2 – Winter Wine & Cheese Social. Social Committee.

5:30 p.m.-8:00 p.m. Winter Park Farmers’ Market, 200 W. New England Ave. Sponsored by Men’s Divorce Law Firm and U.S. Legal. Register by Jan. 31 at the OCBA Store.

Feb. 25 – 2017 OCBA Gala. Laissez les Bons Temps Rouler!

Social Committee. 7:00 p.m. Winter Park Racquet Club, 2111 Via Tuscany. Join us for a fabulous night of New Orleans-style food, music, and fun! Fee: $125 per person for registration by Feb. 11; $150 per person beginning February 12. Register at the OCBA Store. Sponsorships are still available. See ad in this issue of The Briefs for details.

Mar. 3 – Judicial Investitures. 4:00 p.m. Jones High School.

RSVPs not required.

Mar. 9 – Evening with the Judiciary. YLS. 5:30 p.m.-8:30 p.m.

“Dino Digs” at the Orlando Science Center. See ad on page 19 in this issue of The Briefs for details.

Mar. 10 – OCBA Professionalism Awards Ceremony and Reception. 3:00 p.m. Orange County Courthouse Jury Assembly Room. RSVPs not required.

Apr. 6 – 13th Annual Texas Hold’em Charity Poker Tournament. OCBA Social Committee. Mark your calendar now for this fun upcoming event. For details, see the ad on page 20 in this issue of The Briefs.

Seminars Feb. 2 – Federal Traps for Sate Court Practitioners. Appellate Practice Committee Major Seminar. 12:00 p.m.-4:30 p.m.

OCBA Center. CLE: 5.0, includes 1.0 ethics (approved). $40 (OCBA members); $50 (non-members); $25 (gov’t/student).

Speakers: Hon. John Antoon; Hon. Rand Wallis; Hon. James Edwards; Michael Brownlee, Esq.; Lisabeth Fryer, Esq.; Amie Kozan, Esq.; Jamie Billotte Moses, Esq.; William “Bill” Ponall, Esq.; Nicholas Shannin, Esq.; Tony Sos, Esq.; Elizabeth Wheeler, Esq. Registration closed.

Feb. 3 – Overview of E2 and L1 Visas. Immigration Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0, including 1.0 immigration and nationality law (approved). Free (OCBA members); $15 (non-members). Speakers: Lisa Khan, Esq.; Euribiades Cerrud II, Esq. Registration closed.

Feb. 7 – The Ethics of Pro Bono Representation for Patent Practitioners. Intellectual Property Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0, including 1.0 ethics (approved). Free (OCBA members); $15 (non-members). Speaker: Dana Vouglitois, Esq. Register by Feb. 5 at the OCBA Store.

Feb. 7 – Advocating for Children with Autism: Special Considerations and Local Resources. LAS Lunchtime Training.

12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Sally McArthur, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Feb. 13 – Casting Light on the Dark Art of Mediation. Estate, Guardianship & Trust Committee. 12:00 p.m.-1:00 p.m.

OCBA Center. CLE: 1.0 (pending). Free (OCBA members); $15 (non-members). Speaker: David Henry, Esq. Register by Feb. 11 at the OCBA Store.

Feb. 16 – Professionalism in Negotiation: Transactions, Litigation, and Mediation. Professionalism Committee Major Seminar. 9:00 a.m.-2:00 p.m. OCBA Center. CLE: 6.0, including 2.0 ethics, and 1.5 professionalism. $40 (OCBA members); $50 (non-members); $25 (gov’t/student). Speakers: Hon. Alice L. Blackwell; Hon. John M. Kest; Hon. Donald A. Myers, Jr.; John Y. Benford, Esq.; Keshara Davis Cowans, Esq.; Debra J. Davis, Esq.; R. David de Armas, Esq.; James F. Goldsmith, Esq.; Lawrence H. Kolin, Esq.; Barbara J. Leach, Esq.; Howard R. Marsee., Esq.; Patricia Ann Toro Savitz, Esq.; Julie E. Walbroel, Esq.; Jonathan D. Wallace, Esq.; Tad Yates, Esq. Register by Feb. 14 at the OCBA Store.

Feb. 21 – The Intersection of Human Trafficking and Dependency: Protecting Child Victims. LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Doris E. Mackey, GAL care coordinator. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Feb. 22 – Criminal Investigations & Law Enforcement Arising in Bankruptcy Proceedings. Bankruptcy Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 (pending).

Free (OCBA members); $15 (non-members). Speaker: Charles R. Sterbach, Esq., Asst. U.S. Trustee and Maureen Gimenez, bankruptcy analyst. Register by Feb. 20 at the OCBA Store.

Mar. 7 – Delinquency. LAS Lunchtime Training. 12:00 p.m.1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Kate York, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Mar. 13 – Helpful Hints on Motion Practice and Ex Parte/ Short Matters. Brown Bagging with the Bobs. 12:00 p.m.1:00 p.m. Orange County Courthouse, 23rd Floor. CLE: applied for. Hon. Bob Egan and Hon. Bob LeBlanc. Bring your lunch and get ready for this new series of great practice pointers.

RSVP to: Lynn Harasti at ctjalh1@ocnjcc.org.

Mar. 16 – TBD. Insurance Law Committee. 9:00 a.m.-1:00 p.m.

OCBA Center.

Mar. 21 – Landlord Tenant Law. LAS Lunchtime Training.

12:00 p.m.-1:30 p.m. Marks Street Senior Center, 99 E. Marks St., Orlando, FL 32803. CLE: pending. Speaker: Mike Resnick, Esq. Contact: Marilyn Carbo at mcarbo@legalaidocba.org.

Mar. 28 – TBD. Real Property Committee. 12:00 p.m.-1:00 p.m.

OCBA Center.

Mar. 29 – Unfair Debt Collection Practices Act Claims.

12:00 p.m.-1:00 p.m. OCBA Center CLE: 1.0 (pending). Free (OCBA members); $15 (non-members). Speaker: Ian Leavengood, Esq. Register by Mar. 27 at the OCBA Store.

Mar. 30 – TBD. Business Law Committee Major Seminar.

12:00 p.m. -3:30 p.m. OCBA Center.

An n o unce ments

theBriefs February 2017 Vol. 85 No. 2

www.orangecountybar.org

PAGE 39

CLASSIFIED ADS EMPLOYMENT FAST PACED INSURANCE Defense Firm located in Maitland, FL is searching for a Legal Assistant. The firm handles first party property/liability coverage issues. Insurance defense and strong litigation experience preferred. Please send all inquiries to the jmccallister@ rocklawpa.com.

Insurance Defense Law Firm seeking an Associate Attorney with 3-5 years of experience. Experience in PIP litigation is preferred but not required. Please send resume, cover letter, and writing sample to Tdixon@florida-law.com.

Commercial Litigator, Orlando – Associate with commercial litigation experience with exceptional research and writing skills and a strong work ethic is needed for an Orlandobased commercial law firm.

Transactional experience a plus.

PAGE 40

Compensation and benefits for the right candidate. Interested applications please review PinoNicholsonLaw.com and, if you believe your qualifications are apropos, submit a detailed cover letter identifying your interest and background as well as a resume to info@ pinonocholsonlaw.com.

PD’S OR PROSECUTORS! Looking to advance your career? Believe you’re a Master at trial? Maybe you are but have you faced real pressure?

HERE’S THE CHALLENGE! Can you make your clients happy, run to MULTIPLE counties, try cases, file motions, work out pleas and be gung ho and happy? ARE YOU CALM UNDER FIRE? Are you looking to become a private lawyer but just don’t know if you would make it on your own? DO YOU WANT THE SECURITY OF A FIRM BEHIND YOU? If you think you are a bad ass,

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

apply and see if you can cut the mustard. We set the bar high.

You will not only learn, but grow beyond what you did in the public sector. Looking for a PD or prosecutor with extensive trial experience. Only aggressive, organized and nice people need apply. Please send your resume to Sarah Zielke at The Umansky Law Firm by email. szielke@ thelawman.net.

OFFICE SPACE/SALE/ RENT/LEASE OFFICE SPACE AVAILABLE FOR RENT. Close to Downtown Orlando. Easily accessible with free parking. Conference and kitchen facilities. Copier/fax available. Reception area. Please call John Pierce at (407) 8984848.

One office available for rent in Plaza Building in downtown Orlando. Conference and kitchen facilities. Copier/fax available. Call 407-423-9728.

www.orangecountybar.org

OFFICE SPACE FOR RENT THORNTON/EOLA PARK AREA 609 E. Central Blvd. @ Eola Dr. Offices for 1 professional & 1 staffer. Phone system, furnished, conference rooms, kitchen privileges, reception room. Possible referrals. Law offices of William Sheaffer. Call Josh. 407-4231066.

Downtown Orlando Law Office – High Rise Class AAA 18th Floor window office for rent. $1,200 to $1,500. Rent includes office, secretarial station if needed, reception area and receptionist, use of conference rooms and parking. Please call 407-687-3984 if interested.

OFFICE SPACE SHARED DOWTOWN OFFICE SPACE FOR LEASE: 1-2 offices, sharing of conference room, reception area, kitchen and ample parking.

Call 407-849-7072.

theBriefs February 2017 Vol. 85 No. 2

A PROVEN LEADER Michelle Suskauer for 2017-2018 President-elect of The Florida Bar

Michelle is on The Florida Bar Board of Governors, Past President of the Palm Beach County Bar Association, Past President of Palm Beach County FAWL and President of the PBC Legal Aid Society Board. She is a former government lawyer and is the managing partner of a small criminal defense firm.

Michelle is a passionate advocate for all lawyers: u u u u u

Increased competition Voted against reciprocity Quality of life Changing technology Funding for the judicial branch

ENDORSED BY: u u u

13 Past Presidents of The Florida Bar 37+ Members of The Florida Bar Board of Governors (Past and Present) 150+ Voluntary Bar Leaders Across the State Some of the Orange County leaders supporting Michelle Suskauer: Paul SanGiovanni • Mary Ann Morgan • Wayne Helsby • Julia Frey • Scott McMillan • Michael Damaso • Orman Kimbrough • Warren Lindsey • Richard Newsome • Tiffany Faddis • Barbara Leach • Michael Snure • Tad Yates • Suzanne Gilbert • Mark NeJame • Jamie Moses • Amanda Carl • Robert Alfert • Frank Bedell • Paul Scheck • R. Lee Bennett • Russell Divine • Brian Wilson • John Fisher • Thomas Zehnder • Thomas Wert

Vote from March 1 to March 21, 2017 | Look for your ballot in the mail or email Facebook.com/MichelleSuskauerFL theBriefs February 2017 Vol. 85 No. 2

michelle @suskauerfeuer.com

www.orangecountybar.org

www.SuskauerforFloridaBar.com

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

CONTACT US

REPRESENTATION OF HEALTH PROFESSIONALS

WEBSITE

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

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

Michelle L. Bedoya, J.D. • B.A., Florida International University • J.D., Barry University School of Law • Licensed in Florida

• Medical Board Cases

• Administrative Hearings

• Opinion Letters

• Contracts & Contract Litigation

• Disciplinary Hearings

• Medical Resident Rep. • DEA Defense

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

• Baker Act Defense

• DOH Investigations

• Peer Review Defense

• HIPAA Defense

• Commercial Litigation • Nursing Board Cases • ALF Defense

• Home Health Defense

Main Office • 1101 DOuglas avenue • altaMOnte springs, fl 32714 telephOne: (407) 331-6620 • (850) 439-1001 • telefax: (407) 331-3030 By appOintMent • 37 n. Orange ave., ste. 500 • OrlanDO, fl 32801 By appOintMent • 201 e. gOvernMent street • pensacOla, fl 32502 By appOintMent • 155 e. BOarDwalk Drive, ste. 424 • fOrt cOllins, cO 80525 www.thehealthlawfirM.cOM PAGE 42

www.orangecountybar.org

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www.orangecountybar.org

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OCBA Calendar

OCBA January Luncheon

Thursday, February 23, 2017

Justice Peggy A. Quince, Florida Supreme Court Co-hosted by the Paul C. Perkins Bar Association Title Sponsor: Orange Legal Litigation Support Services 11:30 a.m.-1:00 p.m.

The Ballroom at Church Street RSVP by February 20, 2017 to orangecountybar.org/store

FEBRUARY - MARCH 2017 16

February

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Business Law Committee 12:00 p.m. • OCBA Center Appellate Practice Committee Major Seminar Federal Traps for State Court Practitioners 12:00 p.m. • OCBA Center Winter Wine & Cheese Social 5:30 p.m. • Winter Park Farmers’ Market Immigration Law Committee Seminar Overview of E2 and L1 Visas 12:00 p.m. • OCBA Center Law Day 5k Committee 5:30 p.m.TBD Professionalism Committee 12:00 p.m. • OCBA Center Intellectual Property Committee Seminar The Ethics of Pro Bono Representation for Patent Practitioners 12:00 p.m. • OCBA Center LAS Lunchtime Training Advocating for Children with Autism: Special Considerations and Local Resources 12:00 p.m. • Marks St. Senior Center

Member Perks Speaker Series 8:00 a.m. • OCBA Center Lawyers Literary Society 12:00 p.m. • OCBA Center OCBA Executive Council Meeting 4:30 p.m. • OCBA Center Social Security Committee 12:00 p.m. • OCBA Center Family Law JA/MA Luncheon 12:00 p.m. • Citrus Club Estate, Guardianship & Trust Committee Seminar Casting Light on the Dark Art of Mediation 12:00 p.m. • OCBA Center Law Week Committee 12:00 p.m. • OCBA Center Elder Law Committee 12:00 p.m. • OCBA Center Technology Committee 12:00 p.m. • OCBA Center

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Professionalism Committee Major Seminar

Professionalism in Negotiation: Social Security Committee Transactions, Litigation, and Mediation 12:00 p.m. • OCBA Center 9:00 a.m. • OCBA Center YLS Monthly Luncheon Evening with the Judiciary 5:30 p.m. • Orlando Science Center 11:30 a.m. • Citrus Club YLS Monthly Luncheon Solo & Small Firm Committee 11:30 a.m. • Citrus Club 12:00 p.m. • OCBA Center Professionalism Awards Ceremony LAS Lunchtime Training 3:00 p.m. • Orange County The Intersection of HumanTrafficking and Dependency: Protecting Child Victims Courthouse, Jury Assembly Room 12:00 p.m. • Marks St. Senior Center Estate, Guardianship & Trust Committee Bankruptcy Law Committee 12:00 p.m. • OCBA Center Seminar Criminal Investigations & Law Brown Bagging with the Bobs Enforcement Arising in Bankruptcy Helpful Hints on Motion Practice Proceeding and Ex Parte/Short Matters

12:00 p.m. • OCBA Center 12:00 p.m. • Orange County Courthouse, 23rd Flr. OCBA Luncheon Justice Peggy Quince, Florida Law Week Committee Supreme Court 12:00 p.m. • OCBA Center 11:30 a.m. • The Ballroom at Church Member Perks Speaker Series Street 8:00 a.m. • OCBA Center Federal Bar Association / Orange Elder Law Committee County Bar Association 12:00 p.m. • OCBA Center A Conversation with the Candidates Technology Committee 1:15 p.m. • The Ballroom at 12:00 p.m. • OCBA Center Church Street Construction Law Committee 2017 OCBA Gala 5:30 p.m. • OCBA Center 7:00 p.m. • Winter Park Racquet Club Insurance Law Committee Seminar Appellate Practice Committee TBD 12:00 p.m. • OCBA Center 9:00 a.m. • OCBA Center March Family Law Committee

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

12:00 p.m. • OCBA Center Law Day 5k Committee LAS Lunchtime Training 5:30 p.m. • TBD Landlord Tenant Law Professionalism Committee 12:00 p.m. • Marks St. Senior Center 12:00 p.m. • OCBA Center Appellate Practice Committee Labor & Employment Committee 12:00 p.m. • OCBA Center 12:00 p.m. • OCBA Center Real Property Committee Seminar LAS Lunchtime Training TBD Delinquency 12:00 p.m. • Marks St. Senior Center 12:00 p.m. • OCBA Center Bankruptcy Law Committee Seminar Lawyers Literary Society Unfair Debt Collection Practices Act 12:00 p.m. • OCBA Center Claims OCBA Executive Council Meeting 12:00 p.m. • OCBA Center 4:30 p.m. • OCBA Center Business Law Committee Major Judicial Relations Committee Seminar 12:15 p.m. • Orange County TBD Courthouse 12:00 p.m. • OCBA Center

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