The Orange County Bar Association - The Briefs - February 2022

A Publication of the Orange County

Bar Association

Florida Bar Path to Unity Project: Traveling Portraits of Five Trailblazing Lawyers See more on page 8.

February February2022 2022 Vol. 90 No. Vol. 90 No. 22

Inside this Issue: Chief’s Column Family Law Committee Diversity onOver the Bench President’s Message Message President’s Parent Disagreement Vaccines The Honorable Lisa T. Munyon Involvement Outside of the Grind Happy New Year! It’s National Mentoring Michael P. DeVoe, Esq. Eric C. Reed, Esq. Immigration Law Committee Month Paralegal Post Diversity Lottery Visa Diversity andEsq. Inclusion Committee Eric C. Reed, Walter Stratton Bagg, Esq. Orange County Bar Association Unveils & Preparing for Trial Professionalism Committee Natalia Gove, Esq. Advances The Florida Bar Path to Unity Project Jorge Astorga, FRP Professionalism During COVID-19 Jill Davis, Esq.

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the Briefs

Contents 3

President’s Message Involvement Outside of the Grind Eric C. Reed, Esq.

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Clerk’s Corner Increasing Starting Salaries Enhance Services for Orange County The Honorable Tiffany Moore Russell

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Joint OCBA and Paul C. Perkins Bar Association February Luncheon Speaker: Yolanda Cash Jackson, Esq.

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Professionalism Committee Diversity As a Standard, Not a Holiday: A Call for the Recruitment and Retention of Black Lawyers Courtney S. Jones, Esq.

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Orange County Bar Association Election Notice

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Diversity and Inclusion Committee Orange County Bar Association Unveils & Advances The Florida Bar Path to Unity Project Jill Davis, Esq.

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New Members

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The Florida Bar Path to Unity Reception

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Legal Aid Society What We Do...

The GOAT... Until Next Year’s!

Donna A. Haynes

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Immigration Law Committee Diversity Visa Lottery Walter Stratton Bagg, Esq. Natalia Gove, Esq.

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Paralegal Post Paralegal Section Annual Toys for Tots Toy Drive April Phillips, FRP

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Young Lawyers Section News YLS on the Move Linnea M. Eberhart, Esq.

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Classifieds

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Calendar

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Construction Law Committee Have They No Shame?

Developers and Politicians Are Once Again Trying to Weaken Construction Laws Protecting Consumers Patrick C. Howell, Esq.

Editor John M. Hunt

©2021

Associate Editors Karen L. Middlekauff & C. Andrew Roy Hearsay Columnist Michael V. Andriano YLS on the Move Linnea Eberhart SideBar Alena V. Baker OFFICERS Eric C. Reed, President Karen L. Persis, President-elect Amber N. Davis, Treasurer Arti Ajit Hirani, Secretary EXECUTIVE COUNCIL Euribiades Cerrud, II Keshara D. Cowans Lisa Gong Guerrero Catherine T. “Kate” Hollis Kristopher J. Kest Bruce A. Mount Rafael Orlando Rodriguez C. Andrew Roy Brandon M. Sapp Jennifer Smith Thomas Jessica A. Travis M. Ryan Williams LaShawnda K. Jackson, Ex-officio Michael Barber, YLS President EXECUTIVE DIRECTOR Jenny Brown

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Chief’s Column Diversity on the Bench The Honorable Lisa T. Munyon

Advertising & Sponsorship Manager Ursla Gallagher Publication Services Candice Maull

DEADLINE INFORMATION

Magazine Advertising – 10th of the month prior to the month of publication eEdition Advertising – 20th of the month prior to electronic distribution 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 ©2022 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Special to The Briefs ISSN 1947-3968

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www.orangecountybar.org

880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (321) 430-1558 www.orangecountybar.org Legal Aid Society 407-841-8310 Citizen Dispute 407-423-5732 Family Law Mediation 407-423-5732 Lawyer Referral Service 407-422-4537 Orange County Foreclosure Mediation 407-515-4330 Young Lawyers Section 407-422-4551

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President’sMessage

February 2022

Involvement Outside of the Grind

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he practice of law can be rewarding. However, it can drain us physically, mentally and emotionally, and if we get lost in the law, it can lead to burnout. The Florida Bar’s Mental Health and Wellness Center recently reported 28% of attorneys suffer from depression, 23% deal with stress, 19% have anxiety and lawyers rank #4 in suicides by profession.

Eric C. Reed, Esq. As a young attorney, I joined the OCBA and the Young Lawyers Section (“YLS”). Knowing few attorneys in town, I realized getting involved with the YLS would be a good way to meet my peers, network, socialize and take a break from work. My first step into the OCBA world was joining the YLS golf committee (of course – see President’s Message from August edition) where I met and worked under the leadership of committee chairs Liz McCausland and Mary “Musette” Stewart. The committee was comprised of 10 or so young lawyers, all of whom were beginning their legal careers. This committee was invaluable and provided a fun outlet (outside of work) but within the legal community. I enjoyed the experience of working on the golf committee, so the next year Michael Caborn and I chaired the event. The YLS golf tournament (a party like no other) is such a great social opportunity for our attorneys and judges to get together in a relaxed and fun atmosphere.

But it has a real cause: the proceeds support the YLS scholarship fund and their many other charitable endeavors.

In recent years, we have heared about “Health & Wellness” and the importance it has within the practice of law. The law does create long hours and requires us to be thoroughly prepared. But the mental and physical taxing require us to carve out some time for our wellness. If that is a morning walk with the dog, hitting the gym to push around some weights or taking a yoga class, even thirty minutes can help. About 12 years ago I joined a local gym and made it a point a couple times a week to get in a quick lunchtime work out. It has helped me refocus as I start the afternoon legal session. The OCBA setup a Heath & Wellness committee a few years back that is currently led by Nicolette Kramer and Elizabeth Plummer. This committee is a tool to help us focus on our mind and body. Another fun event that involves physical activity is the annual OCBA Law Day 5K. The March 5, 2022, event will be held at Lake Baldwin and is great opportunity to get in an early Saturday morning workout along with many of your fellow legal colleagues. You can sign up at the OCBA website https:// runsignup.com/ocbalawday5k.

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Giving back to the community is one way to destress. Our very own OCBA Legal Aid Society, led by Executive Director, Bethany Barber, is a great way to do just that. The Legal Aid Society is celebrating its 60 year anniversary. There is nothing better than helping those less fortunate by providing them a voice to assist for their legal needs. The Legal Aid Society began in the 1960s as a volunteer organization where volunteer attorneys would take referrals for civil and criminal cases for local Orange County residents who could not afford an attorney. Fast forward to 2022, the Legal Aid Society now employs a team of 44+ who help coordinate over 2,700 attorney and non-attorney volunteers. One of the critical programs administered by the Legal Aid Society is the Guardian ad Litem (“GAL”) program which includes 400 volunteers who represent the interests of 1,400 Orange County children in need. As a young attorney, I gladly accepted my first GAL case. With the guidance of the GAL staff attorneys, it was an educational and rewarding experience for me. The Legal Aid Society also is looking for volunteers to help with the following areas of law: consumer, family, housing, and immigration. Don’t fret, the Legal Aid Society team will provide all the training and support you need.

Finally, a shameless plug for the OCBA. If you are not already involved, there are plenty of opportunities to do just that; and why not, you are a member. Here are a few easy ways:

5 WAYS TO GET MORE INVOLVED IN Attend a complimentary OCBA luncheon.

Attend a live CLE, or download a recent CLE recording.

Register for the Bench Bar Conference on April 8.

Participate in the OCBA Law Day 5K on March 5.

Read The Briefs magazine.

Eric C. Reed, Esq., is a partner in the Orlando office of Shutts & Bowen LLP, where he practices business litigation. He has been a member of the OCBA since 2000.

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Clerk’sCorner

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Increasing Starting Salaries Enhance Services for Orange County

s we all know, Central Florida’s increasingly tight job market has employers examining the compensation they offer to attract and retain outstanding employees. Though my organization is in the public sector, our approach must be the same.

As Orange County Clerk of Courts, I lead more than 400 skilled employees who maintain more than 67 million digital court documents, as well as millions of paper records for Orange County and the Ninth Judicial Circuit.

To handle the sensitive files in our care with efficiency and precision, we employ a team of detail-oriented, motivated, and diligent clerks.

But, facing a shrinking pool of qualified workers, we had to make a strategic business decision that empowers us to lead rather than lag behind.

That business decision was raising the starting salaries at my office which moved to $15.25 an hour for full and part-time employees at the end of 2021.

The planned salary increase was part of two phases that began two years ago. Taking a strategic, business approach in an increasingly tight job market, the Clerk’s Office first increased its minimum hourly wage to $14 for entry level deputy clerks on January 1, 2020.

The pandemic and statewide budget cuts forced us to delay the second phase salary hike, so I wanted to make sure we gave a little more incentive to potential new employees by surpassing the $15 dollar an hour wage.

We’re able to offer this hourly wage increase due to budget relief from the state legislature and continued implementation of cost savings measures, and we must proactively respond to the job market to remain competitive. This means not only attracting new talent, but also retaining our valued employees. Raising the hourly wage was a bold, but smart move for us. We intend to sustain our investment in the people we hire and make our office an attractive place to work.

In addition to increasing the minimum hourly wage, the Orange County Clerk of Courts offers its employees a robust benefits package that includes health, dental, vision, life, disability insurance, participation in the state’s FRS pension plan, as well as mental health support through an Employee Assistance Plan, family and medical leave, and a generous vacation policy, among others.

I want to make sure we are acknowledging the value of what this job entails. Our clerks handle sensitive matters and touch thousands of cases daily. What they do makes a big difference in the lives of attorneys, clients, and businesses.

For more information about my office’s employment opportunities, visit www.MyOrangeClerk.com. The Orange County Clerk of Courts is an Equal Opportunity Employer.

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

LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION

Lunchtime Training • legalaidocba.org

Feb. 8, 2022 VIRTUAL Feb. 22, 2022 IN PERSON March 8, 2022 IN PERSON March 22, 2022 IN PERSON

The Good, The Bad, and The Ugly – Florida Tenant and Mobile Home Laws

Noon –1:30 p.m.

Camilo Parra, Esq. and Michael Resnick, Esq. Learn all about Florida Statutes Chapter 83 and Chapter 723.

In Person Location: Orange County Bar Association

880 N Orange Ave, Orlando, FL 32801 | Palm Room Virtual Sessions: Prerecorded and on our Website: www.legalaidocba.org. All trainings will be available to view on our website.

Support and Advocacy for Foster Youth

Coravious Cowart, Esq. Learn about Foundation for Foster Children and their Role in Dependency.

Legal Re-Set Button – Chapter 13 Bankruptcy

Questions: info@legalaidocba.org www.legalaidocba.org

Cynthia Lewis, Esq. Learn the Basics of a Chapter 13 Bankruptcy.

Inclusive Advocacy: Advocating for LGBTQ+ Youth in the Dependency System Maylynn Jones, Kamia Taylor, Tykeem McCord Learn How to Effectively Advocate as a GAL for LGBTQ+ Youth.

Legal Aid Society of the Orange County Bar Association, Inc. (est. 1961)

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www.orangecountybar.org

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Joint OCBA and Paul C. Perkins Bar Association Luncheon Thursday, February 24, 2022

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Speaker: Yolanda Cash Jackson, Esq. Shareholder & Lobbyist

olanda Cash Jackson is an experienced Government Law attorney who has established a strong reputation in the community for her leadership and commitment to civic, charitable and professional organizations. She concentrates her practice in the area of Governmental Relations and has developed a proficiency in state government funding and appropriations. Ms. Jackson has excellent working relationships with several of the state’s leading elected officials and policymakers.

appropriations on transportation related infrastructure matters.

Ms. Jackson has successfully lobbied State funding for a number of private Historically Black Colleges and Universities (HBCUs) and School Boards. Most noteworthy is Ms. Jackson’s successful lobbying of state funding for Florida’s three private HBCUs, totaling nearly $15 million. Ms. Jackson’s diverse list of clients include Fortune 100 companies, gaming, and healthcare corporations. She has also successfully lobbied for

Ms. Jackson graduated from the University of Florida with her JD and was admitted to the Florida Bar in 1991. She has received a number of awards and honors and delivered the University of Florida Levin College of Law Keynote Commencement Address in 2019.

Throughout her career, Ms. Jackson has lobbied and shepherded landmark legislation. Most recently, during the 2017 Legislative Session Ms. Jackson successfully lobbied for the inclusion of The Black Farmers and Agriculturists Association (BFAA) in the State’s recent medical marijuana law, which granted a designated license to the BFAA. This is noteworthy because it is believed to be the first of its kind in the nation.

OCBA February Luncheon Thursday, February 24, 2022 11:30 a.m. – 1:00 p.m.

Embassy Suites by Hilton Downtown Orlando Title Sponsor: Florida Lawyers Mutual Insurance Company

191 East Pine Street, Orlando, Florida 32801 Please RSVP by Monday, February 21, 2022 RSVPs will not be accepted after February 21, 2022 www.orangecountybar.org/store Cancellations must be received no later than February 21, 2022 To register or cancel, contact Stephanie Sadi at stephanies@ocbanet.org

Supporting Sponsors: Anthem Reporting | Registered Agent Solutions, Inc. | Rosenfield and Company | Seacoast Bank

Universal Property & Casualty Insurance Co. | Veritext | Withum+ theBriefs February 2022 Vol. 90 No. 2

www.orangecountybar.org

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ProfessionalismCommittee Diversity As a Standard, Not a Holiday: A Call for the Recruitment and Retention of Black Lawyers

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s we celebrate Black History Month, we reflect on the goal that the diversity of the nation’s law firms and corporations should mirror the population. African Americans make up 13.4% of the U.S. population, but, according to the American Bar Association, only 5% of all lawyers are African American.

Despite recent efforts, this discrepancy has not changed over the last 10 years.1 Diversity in Courtney S. Jones, Esq. law can, and should, exist with a dedicated commitment at every level with respect to recruitment, hiring, and retention. Diversity and professionalism go hand in hand. A more diverse, well-rounded bar elevates how the profession is viewed, and as attorneys we should strive toward the pinnacle of professionalism.

The legal profession is one of the most important career fields, and yet it is one of the most homogenous. Though we have seen some positive strides in recent years, there is still much work to be done. According to the National Association for Law Placement (NALP) Report on Diversity at U.S. Law Firms2, the percentage of Black partners and Black associates exceeded 2% and 5%, respectively, for the first time in 2020. However, representation of Black lawyers in law firms still trails that of Asian and Latino lawyers.

Diversity, equity, and inclusion initiatives must always exist in a multitude of offerings if recruitment and retention of diverse talents are truly important to firms/corporations.

Recruitment is one of the simplest ways to ensure diversity in law over time. Efforts to recruit and retain diverse attorneys from the early stages in their careers is a way to elevate the professionalism of the bar and how the bar is viewed by the public. There are six Historically Black College and University (HBCU) law schools in the United States. These law schools include diverse students and should be targeted by law firm recruiters. During first year law school orientation, students hear from deans, professors, judges, alumni, and other community leaders about their impact, actions, and opportunities. It is here that these students first learn about the legal profession, professionalism, and the gravity of their actions going forward. Perhaps law firm recruiters can get involved in orientation programs to introduce and encourage law students to work toward jobs at various firms.

Law school career development centers around the nation have struggled to keep students engaged during a global pandemic that has pervaded every aspect of life. However, with new means of reaching students, those same career centers have managed to partner with law firms around the nation in order to provide diverse skill-based programming for the underrepresented. Big law firms have decided to take diversity efforts to the next level by starting pipeline programs with local law schools in their region to

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navigate their expectations with regards to resumes, interviewing, and practice area exploration. The goal of the pipeline programs is to encourage talented, diverse students to consider legal careers and provide valuable career development tools. The pipeline programs provide students with the necessary resources to excel in law by providing mentoring, networking opportunities, and valuable work experience that employers often expect students to have as they matriculate through their law program.

While recruitment is a great first step, recruitment alone is not enough to support diversity efforts long term. Diversity and inclusion must also extend to hiring. To help bring change, equity and inclusivity, law firms and corporate recruiters should avoid focusing on just GPA, work history and class rank, and look at candidates more holistically. In reviewing candidates holistically and not merely by GPA, work history, and class rank, recruiters and firms are able to expand their reach and caliber of interns and associates. Recruiters can attend the Southeastern Minority Job Fair, Heartland Diversity Legal Job Fair, and participate in on-campus interviewing at HBCUs but, if these interviews never translate into internships, externships, or associate positions, then the recruitment efforts are performative at best.

Retention of Black attorneys should also be at the forefront of diversity efforts. After the pipeline programs, professional development, and diversity initiatives, Black attorneys must be assured a seat at the table. What exactly does that look like? The easy answer is partnership – especially equity partners at the firm they work for and creating an inclusive environment for associates to thrive.

Beyond that, firms should ensure Black associates have accessibility to continuing legal education courses and exposure to essential projects and clients that showcase their legal abilities. Partners and administrators are unable to promote the associates they are unsure of. Employee surveys and tracking firm data would also be extremely helpful in this area. When leadership is aware of and accountable for the changing landscape of the legal profession and attorneys of their firm, associates are assured a continued change for the better.

Achieving greater diversity in the profession will not and has not happened overnight, but, with a consistent and unwavering commitment, we can be assured that it will and can be achieved. Bold, innovative, and inclusive policies in recruitment, hiring, and retention must occur on a scale that parallels the enormous issues of this current moment every day.

Courtney S. Jones, Esq., Florida A&M University College of Law Assistant Director, Career Planning & Professional Development. She has been a member of the OCBA since 2021. https://www.americanbar.org/news/abanews/aba-news-archives/2020/02/70-yearsafter-sweatt--how-much-progress-have-african-american-l/ 1

www.nalp.org/reportondiversity

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www.orangecountybar.org

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

• Vice President/President-Elect • Treasurer • 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 conducted ONLY BY SECRET BALLOT. Each voting member will receive secure access to the ONLINE BALLOT via an EMAIL sent to the member’s EMAIL ADDRESS listed in the BUSINESS EMAIL ADDRESS LINE of the member’s membership record.

Voting will begin on Monday, February 14, 2022, and closes at 11:59 p.m. ET on Friday, February 25, 2022.

The election is being conducted on behalf of the OCBA by Balloteer, an independent election services provider. All voted ballots will be certified by the Secretary of the OCBA. If you have any questions, please contact: Carolyn Cochrane at 407-422-4551 ext. 245, or carolync@ocbanet.org.

8th Annual Law Day 5K Saturday, March 5, 2022 7 a.m. to noon

Harbor Park at Lake Baldwin, Orlando 4990 New Broad St., Orlando 32814

Proceeds benefit the Legal Aid Society of the OCBA and the OCBA Foundation

To register: https://runsignup.com/ocbalawday5K

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www.orangecountybar.org

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Diversity and InclusionCommittee Orange County Bar Association Unveils & Advances The Florida Bar Path to Unity Project

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he Florida Bar’s Standing Committee on Diversity and Inclusion launched its Path to Unity project in Jacksonville in October 2021, approximately one year after the formal announcement of the project. Orlando was the second stop for the traveling exhibit, which honors Florida lawyers who contributed to diversity, inclusion, and equalJill Davis, Esq. ity in the legal profession. To tell the story of The Florida Bar’s evolution, the project highlights five trailblazing lawyers (including Orlando trial lawyer and activist Larry D. Smith) whose significant contributions paved the way for others based on their achievements championing race, gender, ethnicity, sexual orientation, and disability rights and issues.

The Florida Bar’s Standing Committee on Diversity and Inclusion commissioned five college student artists to paint formal portraits of the five lawyers, and the portraits form a traveling exhibition that will hang in courthouses around the state.

The Five Trailblazing Lawyers The five Floridians being honored as legal legends for breaking barriers of race, gender, ethnicity, sexual orientation, and disability are James Weldon Johnson, Anna Brenner Meyers, Judge Mario Goderich, Larry D. Smith, and James Kracht.

James Weldon Johnson (1871-1938) became the first Black person admitted to The Florida Bar through an examination.

Born in Jacksonville, he moved to Atlanta to attend high school and college because at the time Jacksonville only offered education through the eighth grade for Black students. He returned to Jacksonville to be the principal of Stanton Elementary School.

Johnson expanded Stanton into a 12-year school and at the same time studied law, eventually winning admission to the Bar after examination by three lawyers and a judge (Johnson later recalled one of the lawyers left and refused to participate). Johnson was a novelist, historian, civil rights leader, and editor. In 1900, he wrote the poem “Lift Every Voice and Sing,” which his brother later set to music. The song became known as the Black national anthem.

Anna Brenner Meyers (1896-1983) was first a nurse and then a teacher in New York City, organizing the Medical Social Service of Israel Zion, working at the New York City Crime Prevention Bureau, and in the Emergency Relief Administration. After graduating from the Brooklyn Law School of St. Lawrence University, Meyers began practicing law in Miami and Miami Beach in 1936. Besides her law career, Meyers was chair of the Miami Beach Public Library Board of Trustees, chair PAGE 8

of the Greater Miami Women’s Division of Bonds for Israel, an organizer for Temple Beth Sholom, and was a long-time member of the Dade County School Board. She ran unsuccessfully for circuit judge in 1954 but continued her practice and service, including as treasurer and vice president of the Federation of Women Lawyers and on the Dade County Welfare Planning Council. In 1951, Meyers was a founding member and first president of the Florida Association of Women Lawyers (now the Florida Association for Women Lawyers). A year later, the group adopted its constitution and bylaws, which provided, “Its object shall be to advance the science of jurisprudence, to promote reform in the law, to facilitate the administration of justice, to uphold the highest standard of integrity, learning, honor and courtesy in the legal profession, and to cultivate a spirit of cordiality and fellowship among the members of the Bar and between them and the Bench.”

Judge Mario Goderich began practicing law in Cuba in 1957 but came to Miami in 1961. Working non-legal jobs, Goderich enrolled in the University of Miami School of Law, graduating in two and a half years.

It took another three years before he could become a citizen and then join The Florida Bar. He was admitted in 1969. He became the first president of the Cuban American Bar Association (“CABA”) in 1974 and was appointed as a judge of industrial claims the following year. In 1978, he was appointed as an 11th Circuit judge and was elected and reelected in 1980 and 1986. In 1990, he was appointed to the Third District Court of Appeal, where he served until retiring in 2005. In all of his judicial posts, he was the first Hispanic/ Cuban American to hold the post. His service has been recognized with many awards and honors, including the Lawyer of the Americans Award by the University of Miami InterAmerican Law Review, the Order of Democracy from the Republic of Colombia, the first Francisco Garcia-Amador Award from the University of Miami Law School Center for Hispanic and Caribbean Legal Studies, and the Jurist of the Year Award from St. Thomas University School of Law. Florida International University has a CABA merit scholarship in Goderich’s name.

Larry D. Smith joined the Bar in 1984, and since then has made numerous civic and community contributions. He has advocated consistently for the LGBTQ community, including helping persuade Orlando to amend its human rights ordinance to prohibit workplace, housing, and public discrimination on the basis of sexual orientation. Similar successful efforts followed with the Orange County Board of Education, the Orange County Sheriff’s Office, and the Orange County Commission. Smith organized the Central Florida Gay and Lesbian Law Association, the first LGBTQ bar association outside of South Florida, and is a past president. In 2013, he received the Diversity Leadership Award from the ABA Section of Litigation

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and in 2016 then-Bar President Ramón Abadin recognized Smith Florida Supreme Court from January 10 – March 10, 2022, and with the Bar’s G. Kirk Haas Humanitarian Award. The latter came then will permanently reside at The Florida Bar Headquarters. just days after the Pulse Nightclub mass shooting in Orlando and Educational Outreach Smith’s poignant acceptance remarks produced a standing ovation One of the goals of the Path to Unity project is to inspire young at the Annual Convention General Assembly. He is also a past re- students – especially those whose demographics are underreprecipient of the Young Lawyers Division Diversity Award, the sented in the field – Litigation Counsel of America and Diversity Law Institute to pursue a career in Diversity Award, and the Defense Research Sheryl J. Wilbert the law. To advance Pioneer Diversity Award. Smith has also written and spoken this goal, the Path to extensively about diversity issues.

Unity project includes James Kracht, who joined The Floran educational comida Bar in 1976 after graduating from ponent, which the Harvard University and Harvard Law Orange County Bar School, challenged “rules about disAssociation presented ability back in the early days, [and through its Diversity was] the one who made change and & Inclusion Commitbroke barriers,” according to Miami tee. Throughout the attorney and disability advocate Matmonth of November, thew Dietz, who counts Kracht as a committee members mentor. Kracht has not let being blind provided both virtual stop him from challenging barriers to lawyers and other peoand in-person preple with disabilities. Kracht served more than twenty-five sentations at middle years on the Florida Council for the Blind, including as presschools and Boys & ident and has received the council’s President’s Award and Girls Club locations the W.A. Ouzts Award. In 2005, he was among those urging throughout Central then-Secretary of State Katherine Harris to require that any Florida. new voting systems be accessible for those with vision, hearVolunteer lawyers and ing, and mobility disabilities. He has mentored numerous paralegals discussed blind and other lawyers and in 2006 helped organize the The educational presentations of Path to Unity the history of the five Charles Hawkins, Jill Davis, Jackie Ebert Bar’s first CLE seminar about lawyers with disabilities. lawyers and integrated The OCBA’s Path to Unity Reception & Portrait Unveiling Ceremony their stories with an overview of civil rights history, the U.S. ConWhen the portraits came to Orlando on their second tour stop, stitution and amendments, federal laws, U.S. Supreme Court rulthe Orange County Bar Association hosted a Florida Bar Path to ings, and racial and gender equality as well as civil, disability, and Unity Reception and Portrait Unveiling Ceremony on November sexual orientation rights. The presenters were also able to discuss 10, 2021. their legal careers and talk to the students about how to achieve Prior to each portrait unveiling, a presenter described the accom- their goals, which for some of them included becoming lawyers plishments of each of the five trailblazing lawyers. Orange County or judges.

Bar Association member and community leader Larry D. Smith’s The OCBA Diversity & Inclusion Committee’s Path to Unity preportrait was unveiled by Paul SanGiovanni, who spoke about Lar- sentations were able to reach approximately 200 local students ry’s significant contributions and his leadership, which fostered a and have inspired plans for additional educational outreach progreater sense of belonging for members of the LGBTQ commu- gramming for the future. On the educational component of the nity and inspired a generation of lawyers to join Larry in advanc- Path to Unity project, Larry D. Smith said, “If I inspire even one ing diversity and inclusion efforts. Larry, who attended the recep- young student to aim higher, feel a greater sense of belonging, or tion, said that he is “humbled to be in the company of such great find their own voice for change, then all my work will have been leaders. The Path to Unity Program recognizes that a small voice, worth it.” raised with sincerity and persistence, can make a big difference.”

The Orange County Bar Association’s Diversity & Inclusion The reception was sponsored by the Orange County Bar Associ- Committee shares the mission of the Florida Bar’s Standing Comation and the Florida Department of Business and Professional mittee on Diversity and Inclusion to increase diversity and incluRegulation Division of Real Estate (“DBPR/DRE”). Attorney sion so that the legal profession will reflect the demographics of Allision McDonald attended on behalf of the DBPR/DRE and the state, to develop opportunities for community involvement, remarked that Larry D. Smith’s work to persuade the City of Or- and to make leadership roles within the profession accessible to all lando to amend its human rights ordinance to prohibit workplace, attorneys, including those who are racially, ethnically, and culturhousing, and public discrimination has positively impacted the ally diverse, women, members of the LGBTQ community, and real estate field. persons with disabilities.

Following the reception, the portraits were moved to the Orange Jill Davis, Esq., is an In-House Employment & Labor Law Attorney for OrCounty Courthouse, where they remained on display in the atri- lando Health and is the Chair of the OCBA Diversity & Inclusion Committee. um through November 30, 2021. The portraits have since trav- She has been a member of the OCBA since 2008. eled to other Florida cities and will be on public display at the

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Construction LawCommittee Have They No Shame?

Developers and Politicians Are Once Again Trying to Weaken Construction Laws Protecting Consumers

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ast year, I wrote about efforts by Florida politicians to weaponize Chapter 558 and eviscerate the cause of action for violations of the Florida building code. Thankfully, that legislation died in committee and never saw the light of day. Unfortunately, through House Bill Patrick C. Howell, Esq. 583 filed by Representative Clay Yarborough and Senate Bill 736 filed by Senator Travis Hutson, developer-backed politicians are at it again, once more seeking to weaponize Chapter 558, and, this time, to completely eliminate the tolling provisions in section 95.11(3)(c), Florida Statutes, for “latent” (hidden) construction defects. In their current iterations, Chapter 558 and section 95.11(3)(c) are consumer-friendly provisions drafted and signed into law to protect Florida homeowners, homeowners’ associations (“HOAs”), and condominiums from defective construction, provide for the resolution of construction defect claims, and promote the settlement of claims without litigation.

Chapter 558 was passed by the legislature years ago to assist with the resolution of claims outside of litigation. It requires that a party damaged by construction defects submit the claim to the atfault developer or contractor, allows for inspections, and gives the developer or contractor an opportunity to settle the claim. This process has worked effectively for many years and has resulted in countless settlements without expensive litigation. The changes proposed during this legislative session would severely damage Chapter 558 and the ability of homeowners, HOAs, and condominiums to timely submit claims and foster settlements outside of court.

First, the proposed amendments take a heavy-handed approach with regard to owners/condos/HOAs versus developers and contractors. Under the changes proposed, if an owner/condo/HOA rejects a settlement offer, they must then prove that the offer wasn’t enough to address the repairs. However, what is the penalty for a developer or contractor ignoring a properly served and documented 558 claim? Nothing. Just this one provision shows how anti-consumer and pro-developer this bill is.

Second, poison pill language was worked into the bill; this language would require that a party receiving settlement funds a) execute a contract to start repairs within 90 days; and b) complete the repairs in one (1) year. Beyond the big government incursion into our day-to-day decisions, which is by itself disturbing, here’s the nightmare scenario this provision sets up: a condominium association has a multi-party claim against the developer, contractor, subcontractors, and design professionals for a structure built with numerous defects to the roof, framing, stucco, foundations, and windows. The stucco subcontractor makes an offer to settle related to its scope of work. The owner accepts the offer. Under this bill, a contract to complete the repair to the stucco must be PAGE 10

finalized within 90 days and the work must be completed within a year. This is despite the fact that the owner has not settled with the contractor, developer, roofer, the window supplier, or any of the other trades. So, the work to the stucco is completed, as mandated by this bill, and the claims continue against everyone else. Two years later, the owner gets a verdict against the other parties and has the money to address the remaining defects. Unfortunately, the newly replaced stucco now has to be torn off to address the defective framing underneath the stucco, the windows installed in the stucco walls, and the roofs with kickouts and other elements adjacent to the stucco. It’s doubtful that anyone would ever accept a settlement offer under these circumstances. This provision sets up for failure a claim made under Chapter 558, as well as the resulting settlement offer, at least for claims involving defects to more than one building element. As such, this amendment just won’t work for condominium towers, multi-family buildings, or homes constructed by dozens of different trades.

Third, the new proposed “558.0045” requires that the judge in a pending construction defect case appoint a third-party expert engineer, contractor, or building code inspector to inspect the structures involved in litigation and issue a report 15 days later. The bill doesn’t detail how this appointed expert is to be paid beyond the statement that “the parties shall compensate the expert.” So under this bill, each of the parties have the expenses of their own expert witnesses, plus now they have to share in the expense of an additional expert witness or witnesses. Wealthy developers will be easily able to foot the bill for these extra costs, but such will be a difficulty for an HOA, condominium, or individual owner.

Despite the added expense required by this bill, the third-party expert does not have the ability to make any sort of decision that binds any of the parties. So, what really is the point? Also, it is unclear who would be the party contracting with the expert, and it’s hard to see any court signing off on such a contract. As such, what expert would expose themselves to the liability for these inspections without some contractual protection? Why would they?

Fourth, the new proposed section “558.0046” requires that a claimant receiving “compensation” repair the defect. But why? If a defect renders a building uninhabitable and the plaintiff receives compensation for that loss, why shouldn’t they be able to demolish the building and use the settlement or verdict proceeds however they want? The government should not be in the business of telling its citizens what to do with such proceeds. Furthermore, settlements often occur because a plaintiff decides to take less than what they are owed, repair some defects, and live with the others that don’t affect habitability. This provision would discourage such settlements, which goes against the very purpose behind Chapter 558.

As with last year’s disastrous bill, the proposed amendments to Chapter 558 also go so far as to insert big government into the relationship between a homeowner and their mortgage company.

The amendments add a new subsection requiring that a homeowner with defects advise their mortgage company that they’ve

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continued page 14

theBriefs February 2022 Vol. 90 No. 2

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Lunch General Session – Happiness for Lawyers Guaranteed… or Your Misery Back Speaker: Mark Eiglarsh, Esq., author of Be Happy by Choice: Happiness Guaranteed or Your Misery Back Mark Eiglarsh, a formerly unhappy guy, made a career out of solving everyone’s problems but his own. Now this successful veteran trial lawyer, television and radio on-air legal expert, adjunct law professor, devoted husband and proud father of three teenagers has reclaimed his happiness. A successful author and transformative speaker, Mark dazzles audiences with his infectious enthusiasm, unique humor and heartfelt authenticity. He’s guaranteed to make you laugh and feel inspired while providing you with the tools to increase your happiness levels, reduce stress, and improve your relationships at work and home.

Exhibitor Showcase Attendees can visit with our exhibitor partners to learn about their products and services, and for clues to solve the mystery of the missing treasure. Those who are successful will be entered into a special raffle prize drawing at the cocktail reception at the end of the day for chances to win treasure of their own!

Law Firm Sponsorship Opportunities Available For more information on sponsorship opportunities contact Ursla Gallagher, Advertising and Sponsorship Manager, at urslag@ocbanet.org or call 407-422-4551 x244.

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Learn More or Register at https://bit.ly/22OCBABBC theBrie s www.orangecountybar.org

f

February 2022 Vol. 90 No. 2

Chief’sColumn Diversity on the Bench

O

ver the course of my career, when the topic of diversity on the bench has made its way into conversation, invariably someone always asks – does the diversity of the bench matter if justice is blind?

If judges call balls and strikes, diversity should not matter. After all, the strike zone doesn’t change depending upon the umpire behind the plate. As a trial judge, The Honorable Lisa T. Munyon there are times when I just call balls and strikes. There are times Chief Judge when I overrule or sustain an obNinth Judicial Circuit Court jection. There are times when I rule upon a motion to dismiss or for summary judgment, directed verdict, or judgment of acquittal. In those instances, I am applying the law; if facts are involved, they are undisputed or the law establishes which facts must be presumed as true.

However, being a trial judge is so much more than calling balls and strikes. Trial judges hear evidence and decide who is credible.

Trial judges must exercise discretion within the bounds of the law in deciding how much weight to give to evidence in mitigation or aggravation of a sentence. Trial judges must use their discretion in weighing factors to determine what time-sharing arrangements are in the best interest of a child. These are discretionary rulings based on a trial judge’s judgment. This is where diversity is essential.

However, inherent in the question – does the diversity of the bench matter if justice is blind? – is this idea that diversity is irrelevant if one is impartial.

Side bar – note that I am talking about impartiality here, not objectivity. The concept of hidden bias is not a new one, nor is the idea that one can’t discount their lived experiences. To be human is to be subjective. Judges strive for objectivity, but they can’t discount their lived experiences.

Impartiality is the equal treatment of all, not the inclusion of all.

Diversity is the inclusion of all, not the equal treatment of all – which brings me to another important idea to note.

Diversity and impartiality are not mutually exclusive. Unlike war and peace or a coin toss, diversity and impartiality can – and do – occur at the same time. But, they do more than simply coexist.

In direct opposition to the initial question – does the diversity of the bench matter if justice is blind? – diversity actually serves to

theBriefs February 2022 Vol. 90 No. 2

enhance the impartiality of the bench. Trial judges make far more discretionary rulings than purely legal ones. In making those discretionary rulings, I bring my life experience to the determination of which witness to believe, how much weight to give to the testimony of a pastor speaking on behalf of a parishioner, how to determine if one parent is more likely to foster a close relationship between a child and the other parent in a dissolution, and literally thousands of other discretionary decisions that trial judges must make. Equal treatment of our citizens depends upon the inclusion of varied life experiences.

But, diversity on the bench has greater reach than an individual case. The citizens’ willingness to accept and respect the courts’ rulings depends upon the citizenry’s perception of the fairness of the system from which those rulings come. If hidden biases and lived experiences shape how people view the world – and we all know they do – then it becomes paramount that the bench reflect our communities. To be truly blind, the bench must also be diverse.

And, while it appears that changing the demographic makeup of the bench is impossible, one need only look at the Ninth Circuit to know that’s not true.

In the 1990’s the Ninth’s bench was primarily male and almost entirely white. At that time, there were less than 10 women on our bench, with Judges Alice Blackwell and Renee Roche among those first few. Today the makeup of our bench is nearly 49% women and 51% men. And, the transformation of our bench over the past 30 years doesn’t stop at gender. Today, 9% of our judges identify as Latinx, 12% Black, and 4% Asian. That’s 25% of the bench. We’ve come a long way from the largely homogenous bench of the early 90’s, but we still have a long way to go. And, getting there starts with you.

You are the future of our Circuit. So, if you’ve never thought about joining the bench, really take some time to ponder it. If you think you might want to be a judge but aren’t sure, find a mentor. And, if you know a judgeship is the next step in your legal career, then submit an application to the judicial nominating commission for an open seat on the bench.

Does the diversity of the bench matter if justice is blind? Yes. Always, yes.

The Honorable Lisa T. Munyon, Chief Judge of the Ninth Judicial Circuit, was first appointed to the Circuit Court for Orange and Osceola Counties in 2003 and has been an OCBA member since 1989.

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Construction LawCommittee continued from page 10

asserted a construction defect claim as to the property and provide other details about the resolution of the claim. This requirement could jeopardize the homeowner’s loan and expose the homeowner to inordinate amounts of red tape. There is nothing in the description of the bill advising as to the goal of this proposed change or what wrong it proposes to right. Note that no banking institutions or mortgage lenders have even requested this change to Chapter 558. As such, and considering the other proposed changes to Chapter 558, it is assumed this is just another barrier that is being erected to dissuade homeowners, HOAs, and condominiums from pursuing otherwise legitimate claims for construction defects against developers and contractors. .

The proposed bill also tinkers with section 95.11(3)(c), Florida Statutes, which establishes a four-year statute of limitations for construction defect claims. To protect consumers, the same provision also includes a provision that the statute of limitations does not begin to run on latent defects until the defect is discovered or should have

been discovered with the exercise of due diligence. To then in turn protect developers and contractors, there is an absolute bar to such claims ten years after the completion of construction (this time-period was shortened from fifteen years to ten a few years back). This absolute bar is known as the “statute of repose.” When the statute of repose runs on a claim, the homeowner, HOA, and condominium is then forever precluded from bringing a claim against the developer or contractor. However, under the amendments proposed by this bill, the concept of latency is completely removed from section 95.11(3)(c). As such, if this law passes, courts will be required to apply a hard four-year statute of limitations for construction defect actions, with the time running from the certificate of occupancy, completion of the contract, etc. What this would mean for consumers is that the tenyear period for bringing claims based on latent defects would be effectively shortened to four years. Thus, a developer would be able to complete a community and then maintain control over the HOA for just four additional years to run out the statute of limitations. This change also completely disregards the nature of construction. As

a condominium tower, townhome building, or home is built, trades working on the structure naturally cover up the work of the trades that came before them. The framer covers up the completed concrete foundation, the stucco and roofing contractors cover up the framing, the painter covers up the stucco, and on and on. Thus, it is easy to see how defects can be hidden and not noticed by the end-user owner for several years to come. Careful inspections along the way can forestall mistakes, but careful inspections don’t always occur. Allowing affected owners or associations to sue over defects that have been covered up by contractors and developers keeps contractors and developers accountable and results in better construction. Taking such a cause of action away will just result in shoddy construction and owners and associations will have no way of rectifying dangerous conditions on their property.

The proposed changes included in Senate Bill 736 and House Bill 583 would weaken consumer protections, increase litigation costs, and result in the settlement of less claims outside of litigation. The changes to Chapter 558 and section 95.11(3)(c) should be vigorously opposed by anyone that supports consumer rights for homeowners, HOAs, and condominiums. The bill’s sponsors may be contacted as follows: Representative Clay Yarborough (850) 717-5002 Senator Travis Hutson (850) 487-5007 Patrick C. Howell, Esq., is the Office Managing Shareholder of Becker & Poliakoff and practices in the areas of community association law and construction law. He is the immediate past Chairman of the OCBA Construction Law Committee and a member of the Florida Bar’s Diversity and Inclusion Committee. He has been a member of the OCBA since 1995.

Invite your colleagues to join the OCBA today!

New Members Regular and Government Steven KRONICK

Affiliate

Michael J. APPLETON

Steven A. OSTROW

Bridget LAKE

Patrick Michael COBB

Melanie PENAGOS

Rafael Graciano Baldez NEVES

Justin DONOVAN

Shayaan S. RAJA

Maria A. POPE

Jerry C. EDWARDS

Timothy M. RAVICH

Connor Harrison ELLIS

Eric J. TRABIN

Law Student

Bianca J. FEAZELL

Frederic E. WACZEWSKI

Duane Andre HENRY

Demetrius J. WILSON

Joseph F. IENNACO

Shalom S. ZAK

PAGE 14

Laura CARRERA Ali M. SACHOO

Go to: www.orangecountybar.org to join online and see our calendar of upcoming events, seminars, and activities!

407-422-4551, ext. 245

Gloria UBILES Cody Kenneth VINCITORE

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The Orange County Bar Association hosted an exhibit honoring Florida attorneys who were pioneers of diversity and inclusion in the legal community. The Florida Bar’s “Path to Unity” exhibit is a traveling legal history honoring attorneys who broke barriers of race, gender, ethnicity, sexual orientation and disability to practice law.

After the unveiling, the portraits were displayed in the Orange County Courthouse Jury Assembly Room for two weeks before traveling on to other areas of the state.

The attorneys recognized are: James Weldon Johnson – Johnson was one of the first African Americans to be admitted to the Florida Bar. He was also a writer, diplomat, social critic, civil rights advocate, and a leader of the National Association for the Advancement of Colored People (“NAACP”). He is widely remembered as the author of the words to Lift Every Voice and Sing, often referred to as the Black National Anthem.

Judge Mario Goderich – Goderich was born in Cuba in approximately 1930. He was a lawyer in Havana until 1961 when he was forced to leave the country to avoid persecution under the Castro regime. In Miami, he had to start over, and enrolled

PAGE 16

in the University of Miami School of Law, where he graduated in 1966. Yet, he could not be admitted to practice law in Florida until he gained U.S. citizenship three years later. He then helped organize the Cuban American Bar Association, the first Hispanic Bar Association in Florida, and was its first President. He became Florida’s first Hispanic Judge in 1975, and its first Hispanic Appellate Judge in 1990.

Anna Brenner Meyers – Meyers was born in Poland in 1896 and immigrated to the United States as an infant. After becoming a nurse and teacher, she entered law school in New York, graduating in 1934. She moved to Florida and was admitted to the Florida Bar in 1936.

A successful lawyer and businesswoman, she used her voice to fight for the desegregation of schools and increased wages for teachers. She unsuccessfully ran for the office of judge. Undeterred, she was determined to grow opportunities for other women and helped organize the Florida Association for Women Lawyers in 1951, becoming its first President.

Larry Smith – Smith was born of modest means in rural Alabama, the first in his family to graduate from college. He graduated from the University of Alabama

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Law School in 1984. He moved to Florida after graduation and was admitted to the Florida Bar. Long before the U.S. Supreme Court’s recognition of equality for LGBTQ citizens, Smith became the first openly gay attorney to address the Florida Bar about professionalism and diversity that included the LGBTQ community. He offered his voice and service to the Florida Supreme Court Commission on Professionalism and many Bar committees as a “first.” He became a nationally respected spokesperson for diversity and inclusion, especially the invisible minority.

James Kracht – Kracht has been blind since birth. Long before the Americans with Disabilities Act was passed and accessibility standards were in place, he attended and graduated from Harvard University and then Harvard Law School. Despite a prestigious educational pedigree, it took him several years to find a job. This led him to better understand discrimination and unfair treatment and work to solve accommodation, accessibility, and discrimination issues for others. He has been a tireless advocate for voting rights for people with disabilities and is widely considered a preeminent leader of disability law in Florida.

theBriefs February 2022 Vol. 90 No. 2

The Florida Bar Path to Unity Reception November 10, 2021 | OCBA Center Thank you to our sponsor:

Department of Business & Professional Regulation

theBriefs February 2022 Vol. 90 No. 2

www.orangecountybar.org

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www.orangecountybar.org

theBriefs February 2022 Vol. 90 No. 2

Mark is a tremendous speaker. He masterfully puts life in perspective for those of us who are unfortunately compelled by our careers to be “human doings” instead of “human beings.” I could listen to Mark all day.

–Craig Goldenfarb, Esq.

Personal Injury attorney and founder of Seven Figure Attorney Seminar Series

Highly entertaining, nationally sought-after speaker, author, and attorney, Mark Eiglarsh is passionate about helping people reclaim their natural-born happiness. He has made appearances on 60 Minutes, The Today Show, 20/20, The Dr. Phil Show, The View, The O’Reilly Factor, Outnumbered, and Good Morning America.

To book Mark for a speaking engagement and/or an event, or if you have any inquiries, please contact:

BeHappyByChoice.com

Passionately defending the accused and, also zealously representing those injured as a result of the negligence of others. Contact the Law Officies of Mark Eiglarsh for a free evaluation of your accident, personal injury and/ or wrongful death matters.

SpeakToMark.com Mark Eiglarsh 3107 Stirling Road Suite 207 Fort Lauderdale, FL 33312 Broward: (954) 500-0003 Miami: (305) 674-0003 Fax: (305) 674-0102 Email Address: Mark@EiglarshLaw.com SATELLITE OFFICES: MIAMI | HOLLYWOOD WESTON | BOCA RATON | WEST PALM BEACH ORLANDO

“Big Brothers Big Sisters – Little Moments, Big Magic” Transform the Life of a Child: Make a Donation Today: www.bbbsmiami.org theBriefs February 2022 Vol. 90 No. 2 www.orangecountybar.org

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ROBERT B. MORRISON TO RETIRE AS FIRM LEADER OF BUSINESS ADVISORY SERVICES Robert “Bob” Morrison, FASA BV/IA, former Firm Leader of Rosenfield and Company, PLLC's Business Advisory Services Team, will effectively be retiring as of December 30th, 2021 and serving As Counsel to the Firm.

Replacing Bob as Firm Leader, is newly appointed Paul Dumm, CPA, ABV, CFF, CFE, ASA, who has worked with Bob for over 20 years, and joined him in their previous firm's merger with Rosenfield and Company, PLLC in 2019.

“Integrating Morrison Valuation Services into our firm almost two years ago has allowed for our firm to provide first and world class Consulting/Valuation and Litigation Support services. In that time and under Bob’s leadership, we have more than doubled the size of this important part of our practice. With Bob’s retirement, Paul Dumm assumes leadership of our BAS Team. We are extremely grateful and fortunate that Paul has worked with Bob for over 20 years, all while keeping the strong credentials we have enjoyed and bringing fresh and new ideas to the team. We greatly look forward to Paul’s leadership!” – Ken Rosenfield, CPA, Founder and Managing Partner, Rosenfield and Company, PLLC.

T A X | B U S I N E S S

A T T E S T | C O N S U L T I N G V A L U A T I O N S | L I T I G A T I O N

25 CELEBRATING

YEARS

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R O S E N F I E L D A N D C O . C O M www.orangecountybar.org

theBriefs February 2022 Vol. 90 No. 2

Julie H. O’Kane announces the opening of

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14th Annual Breakfast of Champions Fundraising Event Sponsors

Legal Aid Society of the Orange County Bar Association, Inc. (est. 1961)

$15,000 Paul, Knopf, & Bigger CHAMPION $10,000

GOLD $5,000

Joe & Sarah Galloway Foundation Jedediah A. Main, Esq. and The Main Law Firm Total Health Guidance

Carlton Fields City of Orlando Police Department Dellecker, Wilson, King, McKenna, Ruffier & Sos, P.A. Fisher Rushmer, P.A. Florida Lawyers Mutual Insurance Company Mateer & Harbert, P.A. QPWB. Quintairos Prieto Wood & Boyer, P.A. Zimmerman, Kiser & Sutcliffe

King, Blackwell, Zehnder & Wermuth, P.A. Beusse Sanks, PLLC (In Memory of David B. King) Cole, Scott & Kissane, P.A. Paul & Perkins, P.A. Florida Appeals, LLC. - M. Kathleen Skambis (In Memory of John R. Hamilton) Shannon McLin, B.C.S. Orange County Bar Association, Professionalism Foley & Lardner LLP Committee Holland & Knight Charitable Stafflink Outsourcing, Inc. 14th Annual Foundation 14th Annual The Elder Law Firm of Kirson & Fuller, PLLC Breakfast Champions Judgeof Sally Dee Millward Kest & Breakfast of Champions Universal Orlando Fundraising Judge EventJohn Sponsors M. Kest Fundraising EventLaw Sponsors Women’s Family

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ABA Retirement/VOYA Any Lab Test Now, Tom Sheldon Axiom Bank Baker Hostetler Becker & Poliakoff Glenn Adams Jeffrey S. Bromme Capella Immigration Law PLLC., Camila Pachon Silva, Esq. Commercial Air Conditioning & Electric Dan Newlin Injury Attorneys Embrace Families FAMU Foundation Fighter Law, Tom Feiter Fishback Dominick, Attorneys and Counselors at Law Florida Blue Suzanne E. Gilbert Kim Nguyen Gray Greenberg Traurig, LLP Lesser, Lesser, Landy & Smith, Gary Lesser, Esq. MEI Civil, LLC. Jamie Billotte Moses

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BRONZE | $1,000

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Orange County Bar Association, Young Lawyers Section Orange County Clerk of Court, Tiffany Moore Russell Orange County Sheriff’s Office Emery Rosenbluth David Sackman Shutts & Bowen, LLP SouthState Bank, Jeffrey Broomell Jennifer & Robert Swift Tangel-Rodriguez & Associates, Inc. The Orlando Law Group, Jennifer Englert Umansky Law Firm Linda & Honorable Charles Wells Thomas P. Wert, B.C.S. Winderweedle, Haines, Ward & Woodman, P.A.

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theBriefs February 2022 Vol. 90 No. 2

Legal Aid SocietyWhat We Do...

The GOAT BOC…Until Next Year’s!

COPPER | $500

Brown & Brown of Florida, Inc. Lorna E. Brown-Burton for Florida Bar President-Elect Michael F. Cathcart Cohen Law Group, Harvey V. Cohen de Beaubien, Simmons, Knight, Mantzaris & Neal (“DSK Law”) Mary Anne and John DePetrillo Dean, Ringers, Morgan, & Lawton, P.A. Division of Real Estate, Florida Department of Business and Professional Regulation Donald W. McIntosh Associates, Inc., Gregory Naugle Kathy Downs Downtown Business Network Group Florida Mediation & Arbitration, LLC. (FMA), Alan S. Apte Forst Law Firm, Kelly Forst, Esq. Garganese, Weiss, D'Agresta & Salzman, P.A., Gerard F. Glynn & Angela K. Halladay Juan Carlos Gomez Green Family Law (Caryn Green) Hispanic Bar Association of Central Florida Kimberly E. Hosley HR Law, P.A. Seth Hyman, Esq. InFocus Family Law JC&F, jacobson - chmelir - ferwerda Attorneys At Law Kest Family Law, P.A.

theBriefs February 2022 Vol. 90 No. 2

world – in multiple mediums. Legal Aid Society Board of Trustees Executive Committee, including President Deborah Moskowitz, Immediate Past President Kristopher Kest, and President-Elect Jay Small, rounded out the BOC Committee, approaching the event with optimistic flexibility and collegiality. This teamwork enabled BOC 2021 to reach GOAT status.

The program was hosted by WESH TV News’ Stewart Moore.

Stewart kept BOC lively and provided sponsor shoutouts along the way. Please take a moment to review each and every name on the accompanying sponsorship list; they represent those who make improving the lives of our most vulnerable neighbors a daily priority, and they make “access to justice” so much more than a concept. Our 2021 video included commentary by Deborah Moskowitz, Baxter’s sidekick and Some Good News host, Eric Reed, Legal Aid Executive Director Bethanie Barber, Legal Aid staff, and clients. Our inspiring client stories showcased the urgent need for services and how we respond to our community in crisis. Again, it is not too late to watch our event and share our mission. Virtual events bring the gift of watch parties, sharing the spirit of Legal Aid with friends and colleagues alike. If you are interested in featuring our video with your firm, civic club, or network group at any time, do not hesitate to contact Legal Aid. Legal Aid will schedule an in-person or Zoom presentation.

Please consider joining the more than 200 of your colleagues who contributed to an approximate $171,000.00 of donations toward the OCBA’s very own charity. No donation is too large or too small because every donation improves a life. Thank you for your continued support, and for making BOC 2021 the greatest of all time…until next year!

For more information about the Breakfast of Champions, presentations to civic groups, tours of the Legal Aid Society or donations please reach out to Donna Haynes at dhaynes@legalaidocba.org or call 407-515-1850.

Donna A. Haynes is the director of development for the Legal Aid Society Annual of the Orange County Bar14th Association, Inc. She has been a member of the Breakfast of Champions OCBA since 2008.

Fundraising Event Sponsors

COPPER | $500

L

egal Aid has GOAT (“greatest of all time”) supporters.

If you attended our signature fundraising event, the 14th Annual Breakfast of Champions (“BOC”), thank you. It broke fundraising records and if you saw it, you know it was just plain fun. If you missed 2021’s BOC and are still wondering who had a man bun CG’d onto their headshot, who cried on camera, and how Eric Reed used “cheugy” in Donna A. Haynes a sentence, watch BOC 2021 online! Our BOC 2021 program is available on many platforms, including www.legalaidocba.org, Facebook, and YouTube.

Legal Aid, its clients, staff, and board thank those who attended.

We are appreciative of our donors, both personal and corporate, because our donors are the reason evictions in Orange County have slowed at a rate greater than so many counties, including Miami-Dade and Hillsborough Counties. Donors are the reason children who entered foster care with skull fractures and broken bones ended the year with forever families to love and protect them. Donors are why military veterans previously suffocated by medical debt are now on sound financial footing. Donors make the Legal Aid Society of the OCBA mission a daily, reassuring reality for our indigent neighbors.

You are the reason we do so much in the community. Who would have thought the pandemic would still impact our lives to such an intense degree two years later? While we hoped and planned to hold BOC 2021 in person, a decision was made to keep our supporters COVID-19 safe and socially distanced. Despite our meeting limitations, co-chairs Ani Rodriguez-Newbern and Michael Andriano capitalized on increased technological connectivity and flew BOC 2021 to new heights.

OurAnnual event was hosted on Zoom 14th Champions and featured on OrangeBreakfast and VisionofTVs, plus their affiliates. For Fundraising Event Sponsors the first time ever, thousands had access to our event – all over the

Law Office of William A. Davis, Jr., P.A. Law Offices of Richard B. Troutman, P.A. Law Offices of Tad Yates Law Offices of Walter F. Benenati, P.A. Losey PLLC & Karen Middlekauff Melody & Brendan Lynch Martin Andersen-Gracia Andersen McIntosh Associates, Inc. N. Diane Holmes, P.A, Family Law Group Nulman Mediation Services, Inc. Orange County Bar Association, Young Lawyers Section Karen Persis, P.A. Cindy L. Rodgers Rafael & Sarah Rodriguez Shannin Law Firm, P.A. ShuffieldLowman Attorneys and Advisors SouthState Bank, Jeffrey Broomell The LaRue Law Firm, PLLC. TJM Communications Inc. Yergey & Yergey, P.A.

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Immigration LawCommittee Diversity Visa Lottery

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ll immigrants bring diversity of culture to the U.S., and this has played a significant role in our country’s growth and creativity. The U.S. Department of State’s annual “Diversity Visa” program (commonly known as the “green card” lottery or “DV lottery”) further enhances diversity in the immigrants coming to the U.S. each year by allocating Walter Stratton Bagg, Esq. an additional 50,000 visas to applicants from countries with lower rates of immigration in the previous five years.

The Immigration Act of 1990 permitted 55,000 Diversity Visas effective as of federal fiscal year 1995; however, up to 5,000 of these visas have been set aside annually since 1999 as part of the Nicaraguan Adjustment and Central American Relief Act (“NACARA”), setting the effective diversity visa cap at 50,000.

While the 5,000 visa number reduction is considered “tempoNatalia Gove, Esq. rary,” Congress has not set an expiration date, and 50,000 visa numbers have been allocated annually for more than twenty years.

Diversity Visa Allocation The 50,000 Diversity Visas are allocated to natives of designated countries with historically low rates of immigration to the U.S. in six geographic regions, including Africa, Asia, Europe, North America, Oceania, and the Southern Americas (South America, Central America, and the Caribbean). The allocation formula provides fewer visas to the “high-admission” regions – any region accounting for more than a sixth of all immigrant admissions in the previous five years. Only countries with less than 50,000 combined immigrant admissions over the preceding five years are allowed in the DV program, and no more than seven percent of the available visas may be issued to natives of any one country.

Based on this allocation formula, the following countries were not eligible to participate in the most recent DV lottery: Bangladesh, Brazil, Canada, China (including Hong Kong SAR), Colombia, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, United Kingdom (except Northern Ireland), Venezuela, and Vietnam.

Diversity Visa Eligibility In order to qualify for the DV lottery, applicants must meet the following simple but strict threshold requirements: 1. Must be a native of a country designated qualified for the DV program.

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2. Must have completed at least a high school education, or two years of qualifying work experience.

3. Must be admissible to the U.S. under the Immigration and Nationality Act (“INA”).

4. Lottery entry period: the online registration window typically runs once a year between October and November. The most recent lottery entry period just concluded on November 9, 2021, for DV2023 applicants. There is no cost to register in the lottery.

What are the odds?

Eligible applicants are randomly selected from the qualified entries in the green card lottery. The odds of selection are extremely slim – an average of 13.3 million people per year submitted applications for 50,000 spots between FY2007 and FY2015. The interest in applications has significantly increased starting in fiscal year 2016. For example, for fiscal year 2020, more than 23.1 million people applied for the same 50,000 spots in the lottery.

“Winning” the lottery (being randomly selected) provides an opportunity to apply for permanent residency but does not guarantee actual issuance of permanent resident cards.

After selection in the lottery, winners must finalize the application process, including background and medical screenings, financial support, and in-person interviews to obtain their immigrant visas abroad (or adjust status if they are in the U.S.) by the end of the fiscal year for which they were selected for the lottery. Otherwise, eligibility for that year is lost and the applicants need to re-apply for the DV lottery.

For this reason, while 50,000 visa numbers are available, the State Department typically selects double the number of applicants (approximately 100,000), since historically, about half of selectees do not successfully complete the visa application process by the deadline.

COVID-Related Developments Due to recent Presidential Proclamations restricting immigrant visas, Embassy closures, and COVID-19 related consular delays, thousands of individuals selected for Diversity Visas were prevented from finalizing their immigrant visa process in the most recent year. This led to a federal class action lawsuit filed by the lottery winners unable to finalize permanent residency. In August 2021, the federal District Court for the District of Columbia ordered the Department of State to start processing the reserved 9,095 Diversity Visas as soon as feasible. In December 2021, the government appealed this decision, but a stay has not been issued blocking the final order, and the district court decision currently remains in effect.

Impact on Immigrant Diversity U.S. immigration law is based on reunification of families, admission of immigrants with skills valuable to the U.S. economy, protection of refugees, and promotion of diversity. Up to 675,000 permanent immigrant visas can be issued annually, with 480,000 allocated to family-based applicants and 140,000 to employment-based applicants. While the DV program makes up a very

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theBriefs February 2022 Vol. 90 No. 2

small size of total annual immigrant admissions,12 it increases diversity. The Congressional Research Service analyzed the DV program’s impact on diversity using the “entropy index,”13 a measure of diversity, and determined that the DV lottery winners increase the diversity of green card holders: “In FY1990, before the DV program was in effect, the diversity of LPR admissions was 0.52. In every year from FY1995 (when the DV program went into full effect) through FY2017, the diversity of annual LPR admissions was higher than in 1990, ranging from 0.67 to 0.72. In each of those years, the diversity of LPR admissions not including the DV admissions was lower than it was with DV admissions included, indicating that the admission of DV immigrants does increase the diversity of annual LPR admissions.”14 Since its inception in 1995, the DV program has admitted more than one million immigrants from under-represented countries, diversifying the pool of immigrants in the U.S.15 The DV Program has often been criticized because selection in the lottery does not require applicants to have any U.S. relatives, or a U.S. job offer, or much education or experience to qualify, as mandatory for other employment/family based immigrant visas. Others, however, find the Lottery valuable, and like how it rewards those willing to come to the U.S. without any ties, from countries that have provided fewer immigrants to diversify the immigrant population. While the Program has been under the threat of elimination for a long time, it currently remains in effect. There is no equivalent to the DV lottery program in any other country in the world, according to our research. It remains to be seen what the future holds for the Program in this country.

Walter Stratton Bagg, Esq., attorney at the Law Office of Walter Stratton Bagg. Mr. Bagg practices in the area of immigration law. He is the current Co-Chair of the OCBA Immigration Law Committee, and serves on the board of the Orlando Center for Justice, a non-profit that specializes in assisting family immigration needs. He has been a member of the OCBA since 2013.

Nicaraguan Adjustment and Central American Relief Act, Pub. L. 105-100, 111 Stat.

2160 (1997).

2 8 U.S.C. § 1153(c). See also Andowah A. Newton, “Injecting Diversity into U.S. Immigration Policy,” 1053-105.

3 Instructions for 2023 Diversity Immigrant Visa Program (DV-2023), U.S. Department of State.

4 Immigration and Nationality Act § 203(c), Pub. L. 101-649, 104 Stat. 4978 (1990).

5 Qualifying work experience is defined as having at least two years of work experience within the past five years in an occupation that requires at least two years of training or experience to perform. Id. at § 203(c).

6 U.S. Citizenship and Immigration Services (“USCIS”), “Green Card Through the Diversity Immigrant Visa Program,” https://www.uscis.gov/greencard/diversity-visa.

7 https://www.americanimmigrationcouncil.org/sites/default/files/research/the_diversity_immigrant_visa_program_an_overview.pdf (last visited Jan. 7, 2022). Between FY2007 and FY2015, the number of entries received during each annual registration period averaged 13.3 million. American Immigration Council calculation using Department of State Diversity Visa Program Statistics. “DV Statistics: 2007-2009, 2010-2012, 2013- 2015,” Table: Number of Entries Received During Each Online Registration Period by Country of Chargeability. https://travel.state.gov/content/visas/en/immigrate/diversity-visa/diversity-visa-program-statistics.html (last visited Jan. 7, 2022).

8 U.S. Department of State - Bureau of Consular Affairs. “Diversity Visa Program, DV 2019-2021: Number of Entries During Each Online Registration Period by Region and Country of Chargeability.” This includes 14,722,798 entrants and 8,459,756 derivatives.

9 Diversity Visa Program Statistics, U.S. Department of State.

10 Gomez v. Trump, 485 F. Supp. 3d 145 (D.D.C. 2020); Gomez v. Biden, 20-cv-02639 (APM) (D.D.C. Aug. 17, 2021); See also Rai v. Biden, Civil Action 21-cv-863-TSC (D.D.C. Sep. 27, 2021); Goodluck v. Biden, JR. (1:21-cv-01530); Goh, et al. v. DOS, et al., 9/30/21 11 Innovation Law Lab, Update on Gomez v. Biden, https://innovationlawlab.org/ cases/gomez-v-trump/ (last visited Jan. 7, 2022).

12 DV admissions make up about five percent% of annual LPR admissions.

13 The entropy index is at its maximum when all groups are present in equal proportions, in which case the index is equal to one. A measure of 0.7 is more diverse than 0.5 because 0.7 is closer to 1. U.S. Congressional Research Service. The Diversity Immigrant Visa Program. p.10. October 15, 2019. Jill H. Wilson, Analyst in Immigration Policy. See also “Segregation and Diversity Measures in Population Distribution,” Michael J. White, Population Index, vol. 52, no. 2 (Summer 1986).

14 U.S. Congressional Research Service. The Diversity Immigrant Visa Program, p.10.

October 15, 2019. Jill H. Wilson, Analyst in Immigration Policy.

15 Id. 1

Natalia Gove, Esq., attorney at Florida In-House Counsel Law Group practicing in the areas of business immigration law and I-9 compliance.

She is a former Chair and current member of the OCBA Immigration Law Committee; she is also a member of Central-North Florida District Export Council. She has been a member of the OCBA since 2010.

theBriefs February 2022 Vol. 90 No. 2

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EMPLOYMENT MEDIATION

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theBriefs February 2022 Vol. 90 No. 2

ParalegalPost Paralegal Section Annual Toys for Tots Toy Drive

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n December 2, 2021, the Orange County Bar Association Paralegal Section, held its annual Toys for Tots Toy Drive. The event was sponsored

by Phipps Reporting and Moye, O’Brien, Pickert, Dillon, & Masterson, and was held at Ember in Downtown Orlando. During the event, we had drawings for Amazon gift cards, wine, vodka, and other fun prizes! We enjoyed adult beverages and delicious food preApril Phillips, FRP pared by Ember chefs. And toys… we collected TONS of toys! It was so much fun seeing all of the goodies that were donated by our wonderful guests. Skateboards, Barbies, Nerf Guns, balls, bats, and bikes!

It was truly a blessing to see the thoughtfulness that went into the donation of these precious gifts for our local children. We sincerely thank President April Phillips with Mitch Graham of Phipps you all for your Reporting and Marine Sgt. Rath support and generosity. Sgt. Roderick Little and Sgt. James Rath (pictured) from the Marine Toys for Tots Foundation were assigned to our event, and we thoroughly enjoyed having them with us. It was easy to see how much pride they take in the work that they do with the Toys for Tots program and how much they love doing it. Thank you Sgt. Little and Sgt. Rath for making our event so special!

The Marine Toys for Tots Foundation is a 501(c)(3) not-for-profit public charity which was created at the behest of the US Marine Corps in 1991. The foundation is governed by a Board of Directors, all of whom are veteran Marines and Kevin Fedotov with Marines successful business leadtheBriefs February 2022 Vol. 90 No. 2

ers from throughout the nation.

The foundations professional staff is headquartered in the Cooper Center, which is located just outside the main gate of Marine Corps Base Quantico, about 35 minutes south of WashUS Marines: Sgt. Rath and Sgt. Little ington, DC. The mission of the Marine Toys for Tots Foundation is to assist the US Marine Corps in providing a tangible sign of hope to economically disadvantaged children at Christmas by collecting new, unwrapped toys and distributing those toys to less fortunate children throughout the United States. This assistance includes providing day to day leadership and oversight of the program, and raising funds to provide toys to supplement the collections of local Toys for Tots campaigns, such as the campaign held by the Paralegal Section. In Orange County alone, the Marine Toys for Tots Foundation has distributed 57,716 toys to 16,132 different children!

On behalf of the Board of Directors for the Orange County Bar Association’s Paralegal Section, we would like to sincerely thank our sponsors again. Phipps Reporting and Moye, O’Brien, Pickert, Dillon, & Masterson – we couldn’t have done this without your support! Thank you to Mitch Graham of Phipps Reporting who helped set up and decorate for the event and brought thoughtful giveaways as well. Thank you to the OCBA Staff who attended the event; we always appreciate your support, too. If you missed this year’s Toys for Tots event, no worries! We throw this event each and every year and we encourage you to join us next time!

April Phillips, FRP, is a Law Firm Business Consultant and Freelance Paralegal. She is the President of the OCBA Paralegal Section and has been a member since 2013.

Various Members of the OCBA Paralegal Section

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PAGE 27

For complex immigration matters made simple, this is where you want to

BrownImmLaw.com 407.753.4469

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theBriefs February 2022 Vol. 90 No. 2

Young Lawyers SectionNews YLS on the Move

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n January 21 we hosted an amazing panel of government general counsel at our January luncheon to speak with us about their work, experiences, and career paths. Our thanks to Amy Envall, General Counsel for Orange County Public Schools, Jared Brooks, Executive Director for the 17th Judicial Circuit State Attorney’s Office, and Woody Rodriguez, GenerLinnea M. Eberhart, Esq. al Counsel for the Central Florida Expressway Authority for joining us and sharing their experiences, and to Nick Shannin for moderating.

On February 18, certified mediator Brenda Newman will join us at our February luncheon. Ms. Newman will share with us her insight on mediation strategies and tips to help parties reach amicable resolutions on litigation and pre-suit issues – it promises to be appreciated by all in attendance!

There’s more to come for 2022 so make sure to save the date for these upcoming YLS events: March 18, 2022 – March Luncheon April 15, 2022 – April Luncheon Don’t forget to follow us on Facebook, Instagram, and Twitter for more updates! If you attend any of our events, either in person or virtually, tag us @ocbayls and #WeDoMore and #WeRiseAbove on your posts.

Linnea M. Eberhart, Esq., is an attorney with Losey PLLC, where she practices intellectual property law. She has been a member of the OCBA since 2015.

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

20 or More Members

Carr Law Firm, P.A. Compass Law Culbertson Law Group Cullen & Hemphill, P.A. Davey Law Group, P.A. Debra Wilkinson Botwin, LLC 10-19 Members DeCiccio & Johnson Colling Gilbert Wright & Carter, LLC Dellecker Wilson King McKenna Ruffier & Fisher Rushmer Legal Aid Society of the Orange County Bar Sos, LLP Divine & Estes, P.A. Association, Inc. Marshall, Dennehey, Warner, Coleman & Fassett, Anthony & Taylor, P.A. Flammia Elder Law Firm Goggin Forward Law Firm P.A. McDonald Toole Wiggins, P.A. Gans Law, P.A. 2-9 Members Anderson & Ferrin, Attorneys at Law, P.A. Gasdick Stanton Early, P.A. Giles & Robinson, P.A. Artemis Family Law Group, PLLC GoodBlatt – Leo Arwani Law Firm Green Family Law, P.A. Aust Law Firm Harris Harris Bauerle Ziegler Lopez Barrister Law Firm, P.A. Hilyard, Bogan & Palmer, P.A. Barry Miller Law Hornsby Law Beshara, P.A. Rumberger, Kirk & Caldwell P.A. Shutts & Bowen, LLP Wicker, Smith, O’Hara, et al.

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theBriefs February 2022 Vol. 90 No. 2

Infocus Family Law Firm, P.L. Jill S. Schwartz & Associates, P.A. Keating & Schlitt, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Korshak & Associates, P.A. Kosto & Rotella, P.A. Law Offices of Brent C. Miller, P.A. Law Offices of Horwitz & Citro, P.A. Marcus & Myers, P.A. McMichen, Cinami & Demps PLLC McMillen Law Firm, P.A. McShane & McShane Law Firm, P.A. Meenakshi A. Hirani, P.A. Men’s Divorce Law Firm Morgan, White-Davis & Martinez, P.A. Murphy & Berglund, PLLC N. Diane Holmes, P.A. O’Mara Law Group Page & Eichenblatt, P.A. Perez LaSure, LLC Rebecca L. Palmer Law Group

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Sawyer & Sawyer, P.A. Schwam-Wilcox & Associates SeifertMiller, LLC Shannin Law Firm, P.A. Stovash, Case & Tingley Tangel-Rodriguez & Associates The Aikin Family Law Group The Arnold Law Group The Brennan Law Firm The Elder Law Center of Kirson & Fuller The Fighter Law Firm, P.A. The Law Office of Michael L. Dear, PLLC The Llabona Law Group The Marks Law Firm, P.A. The Skambis Law Firm Warner & Warner, P.L. West Family Law Group Wieland & DeLattre, P.A. Wilson McCoy, P.A. Wooten Kimbrough, P.A. Yergey & Yergey, P.A.

PAGE 29

Skip the General Line With A Courthouse Access Card!

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The Legal Limit is the official podcast of the Orange County Bar Association, Inc. The Legal Limit brings you one-on-one interviews with the people shaping our Central Florida community.

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theBriefs February 2022 Vol. 90 No. 2

The Orange County Bar Association (OCBA) encourages all members to utilize the services of these vendors, who provide quality products and services and are supporters of the OCBA. Many businesses on the list offer special promotions or discounts to help you grow your practice.

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Clio – The most widely-used, cloud-based practice management system in the world • OCBA members in good standing receive a 10 percent lifetime discount on the monthly subscription fee | Clio.com/OCBA. DocuSign NPP – Members are eligible to receive special pricing starting at 10% off new or additional subsriptions. Custom pricing and rebates available for subscriptions that meet or exceed annual spend requirement. Enroll with NPP and start saving today!

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Prime Legal provides comprehensive business solutions, empowering small to large-size firms to successfully build their brands and connect with the clients they actually want to represent. Members of the Orange County Bar Association qualify for: A Free Digital Audit, 25% Discount, Two Free Months of Social Media Management. To get your free digital audit or schedule an appointment, please visit www.findmorecases. com/ocba.

National Purchasing Partners – NPP is a member benefit provider of The Orange County Bar Association, Florida, and helps members reduce costs with exclusive pricing through a variety of brands used by millions of businesses nationwide. Visit mynpp.com/association/ocba/ 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.

theBriefs February 2022 Vol. 90 No. 2

Grow your practice and serve the community!

Join the OCBA Lawyer Referral and Information Service or Modest Means Program.

The LRIS referred 5,546 clients and generated more than $1.5 million in attorneys’ fees last year.

Visit https://www.orangecountybar.org/ for-attorneys/join-lawyer-referral-service/ to apply or contact candiced@ocbanet.org.

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PAGE 31

CLASSIFIED ADS EMPLOYMENT ASSISTANT STATE ATTORNEY FOR SEX CRIMES. The State Attorney’s Office for the 9th Judicial Circuit (Orange & Osceola Counties) is currently accepting applications from experienced prosecutors with a strong interest in sex crimes prosecutions. Prior experience in sex crime prosecution is a plus, but not required. Applicants must also possess a strong interest in courtroom litigation, with excellent communication and critical thinking skills. Positions in this classification generally perform high-level, professional legal work and will assist in the prosecution of cases of routine complexity. Only active members of The Florida Bar in good standing should apply at this time. The salary range for Sex Crimes is $53-60k. If interested, please send a cover letter, résumé, and final law school transcript via e-mail to ASA-Recruiting@sao9.org.

ASSISTANT STATE ATTORNEY, CHILD ABUSE CASES. The State Attorney’s Office for the 9th Judicial Circuit (Orange & Osceola Counties) is currently accepting applications from prosecutors with significant experience in child abuse cases (2 year minimum; 5 years or more a plus). Applicants must also possess a strong interest in courtroom litigation, with excellent communication and critical thinking skills.

Positions in this classification generally perform high-level, professional legal work and will assist in the prosecution of cases of routine complexity.

Only active members of the Florida Bar in good standing should apply at this time. The salary range for Child Abuse is $55-62K. If interested, please send a cover letter, resume, and final law school transcript via e-mail to ASA-Recruiting@ sao9.org.

PAGE 32

ATTORNEY WITH 8-10 YEARS OF CIVIL LITIGATION EXPERIENCE. Should be interested in trial work possess excellent time management and organizational skills. Also, candidate must be capable of multitasking in a fast-paced deadline driven environment, and have excellent computer and writing skills. Competitive salary and benefits based on experience. E-mail your resume to: dianna@vasko.net

ESTABLISHED DOWNTOWN ORLANDO LAW FIRM IS SEEKING AN ATTORNEY WITH 5+ YEARS OF LITIGATION EXPERIENCE with the ability to manage a case load.

Federal Court experience is a plus. Candidate must have strong research skills and be an excellent writer. Our compensation package will exceed expectations for the right candidate. Please send resume to mheaberlin@gobelflakes.com.

“AV-PREEMINENT” rated Winter Park law firm with statewide practice and extensive and established clients seeking an experienced Florida licensed attorney to handle significant real estate transaction matters. Experience in trust and estates, tax, and/or real estate litigation is a plus.

Competitive compensation with significant bonus potential and excellent benefits, including 401K. Email resume to francesg@fishbacklaw.com.

EXPERIENCED COMMERCIAL LITIGATION ATTORNEY wanted for established Orlando firm with 13 Central Florida offices. Seeking experienced Florida licensed attorney – Construction law experience a plus – Excellent analytical and writing ability a must. 4-8 years experience preferred. Outstanding opportunity to join growing law firm. Great team environment.

Competitive salary and benefits. Email resume to mary@ boginmunns.com.

DEFENSE ATTORNEY: Great opportunity for advancement for an attorney with excellent writing skills. You will have the ability to participate in and manage a caseload to prepare for trial and also to use your research and writing skills to prepare for trial and also to use your research and writing skills to prepare briefs at the trial and appellate level. Interesting issues, fast-paced environment, excellent compensation, great people to work with. Send your resume ASAP to mheaberlin@gobelflakes.com.

EXPERIENCED LITIGATION ATTORNEY for plaintiff’s personal injury and first party insurance law firm located in Altamonte Springs. Growing dynamic law firm seeks attorney with minimum 2 years’ experience in the courtroom.

Will be responsible for handling a caseload assigned by the firm, as well as developing their own clients. Attorney will be responsible for client sign-ups, initiating litigation, taking depositions, attending hearings, preparing for and presenting at mediation and DOWNTOWN ORLANDO trying cases. This is a unique LAW OFFICE SEEKING A 5+ opportunity to advance and YEAR FULL-TIME LITIGA- grow a practice within a pracTION PARALEGAL with ex- tice. Candidate must be a perience in insurance defense self-starter, motivated, enthuand/or plaintiff’s personal in- siastic, and creative. We like jury litigation. Benefits and sal- out-of-the-box thinking when ary are based on experience. approaching our cases. Salary E-mail your resume to: dianna@ has unlimited potential bevasko.net cause the position is a combination of base pay plus a perwww.orangecountybar.org

centage of fees recovered. The firm offers health insurance, disability insurance, dental, optical and life insurance. 401(k) and profit sharing is also included. Candidate should submit a resume, and cover letter to jbridges@brehnelaw.com.

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.

Experience with calendaring, scheduling of depositions, and court reporters as needed. and follow up as it relates to discovery matters Experience with E-Filing software and procedures. Familiarity and compliance with judicial orders Please send resumes: jmccallister@rocklawpa.com.

INSURANCE DEFENSE FIRM handling first-party property/ liability coverage issues, PIP, and contractual/tort litigation seeks attorneys for statewide practice. Insurance defense experience preferred. Email/Fax/ Mail resume to Office Manager jmccallister@rocklawpa.com, (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751.

PEARSON DOYLE MOHRE & PASTIS is a growing firm in Maitland seeking a Paralegal with a minimum of 3+ years experience in Medical Malpractice/Nursing Home Defense. The qualified candidate must have prior experience handling large discovery files involving medical records along with a professional demeanor, excellent communication skills, and be proactive.

We offer a salary based on experience and an excellent benefits package. Please submit your confidential resume to acunningham@pdmplaw. com. theBriefs February 2022 Vol. 90 No. 2

OFFICE SPACE Historic building on Lake Lucerne has office spaces/ suites available, great parking, conference rooms, and shared receptionist available; email inquiries seichenblatt@ floridalawonline.com / see photo link: https://bit.ly/OfficeSpacePhotos LARGE OFFICE SPACE AVAILABLE FOR RENT. Impressive, large office with great views, on the 18th floor of the City National Bank building, (390 N. Orange Ave.), across from the courthouse in downtown Orlando. Conference room and kitchen use included. As low as $900/mo. Contact Amy at Admin@LongwellLawyers. com, or call 407-426-5757.

OFFICE SPACE FOR RENT plus space for an assistant $800/month. Located at 710 Vassar Street, Orlando, FL 32804 robert@buonauro.com.

OFFICE SPACE/SUITES FOR RENT – Downtown Orlando, 250 East Colonial Bldg., 1,500 sq. ft. Available now! May rent separate office suites. Parking included. Call or email: John at 407-425-2907; jkk@keatlaw.com.

1 ROOM OFFICE; 1/2 BLOCK FROM PARK AVENUE; Reception, parking, copier, all services. (407) 599-4433.

I PLAN TO MOVE MY OFFICE TO THE WEST SIDE OF OCOEE, ON OR NEAR HWY 50. I would like to share office space with a sole practitioner or small firm. I focus on wills, trust, and probate (uncontested and contested), and real property transactions and closings. Contact Larry P. Studer at lpstuder@cfl.rr.com for more information.

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OCBA members have access to: ❚ Resumé review ❚ Discounted job postings ❚ Sign up for auto email alerts of new positions available – and so much more!

Go to: https://orangecountybar-jobs.careerwebsite.com to seek or post jobs

Or contact Ursla Gallagher at: 407-422-4551 ext. 244 for more information!

theBriefs February 2022 Vol. 90 No. 2

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NEW!

TRIAL LAWYERS BOOTCAMP

Anatomy of a Trial: The Rosenburg Spy Case Presented by:

May 13, 2022 George C. Young Federal Annex Courthouse 8:00 a.m. - 5:30 p.m.

A one-day bootcamp training program for young lawyers featuring trial lawyers from Florida and across the U.S.

Sponsored by:

Based on the real trial of Ethel and Julius Rosenberg, this training will cover topics including opening statements, direct examination, cross-examination, closing arguments, and a discussion with federal judges on what they want from a trial lawyer.

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Visit orangecountybar.org for more information. www.orangecountybar.org

theBriefs February 2022 Vol. 90 No. 2

Joint OCBA and Paul C. Perkins Bar Association February Luncheon February 24, 2022

Yolanda Cash Jackson, Esq. 11:30 a.m.-1:00 p.m.

FEBRUARY

1

Professionalism Committee Meeting

12:00 p.m. – 1:00 p.m.

OCBA Center

Real Property Committee Meeting

12:00 p.m. – 1:00 p.m.

Virtual

15

OCBA Solo & Small Firm Committee Meeting 8:00 a.m. – 9:00 a.m.

Virtual Intellectual Property Committee Meeting 12:00 p.m. – 1:00 p.m.

Virtual

16

Embassy Suites by Hilton Downtown Orlando

191 E. Pine St., Orlando, FL 32801 MARCH RSVP by February 21 // orangecountybar.org/store

Title Sponsor: Florida Lawyers Mutual Insurance Company Professionalism

Committee Meeting

12:00 p.m. – 1:00 p.m.

Estate Guardianship & OCBA Center Trust Seminar 12:00 p.m. – 1:00 p.m.

Real Property Committee Virtual Meeting

12:00 p.m. – 1:00 p.m.

OCBA Solo & Small Firm Virtual Committee Meeting 8:00 a.m. – 9:00 a.m.

Member Perks Virtual

Speaker: Hon. Donald A. Appellate Committee Myers, Jr. Meeting

12:00 p.m. – 1:00 p.m.

12:00 p.m. – 1:00 p.m.

Sponsored by Seacoast

Lowndes Drosdick, Bank 215 N. Eola Dr.

OCBA Center Orlando, FL 32801 Immigration Committee Elder Law Committee Meeting Meeting

12:00 p.m. – 1:00 p.m.

12:00 p.m. – 1:00 p.m.

Virtual Virtual

Law Week Committee ADR Committee Meeting Meeting 12:00 p.m. – 1:00 p.m.

12:00 p.m. – 1:00 p.m.

Virtual Virtual

1

14 15

Appellate Committee Business Law Committee Meeting Seminar 12:00 p.m. – 1:00 p.m.

Writing What You Mean:

Lowndes Drosdick, Why Shareholder 215 N. Eola Dr. Agreements Seldom Say What Orlando, FL 32801 Shareholders Think Elder Law Committee

12:00 p.m. – 1:00 p.m.

Meeting

Sponsored by Withum+ 12:00 p.m. – 1:00 p.m.

OCBA Center Virtual Immigration Committee ADR Committee Meeting Meeting 12:00 p.m. – 1:00 p.m.

12:00 p.m. – 1:00 p.m.

Virtual Virtual YLS Luncheon

Law Week Committee 11:30 a.m. – 1:00 p.m.

Meeting

Citrus Club 12:00 p.m. – 1:00 p.m.

LAS Lunchtime Training OCBA Center/Virtual YLS Luncheon OCBA Law Day 5K

Support and Advocacy for 11:30 a.m. – 1:00 p.m.

LAS Lunchtime Training

7:00 a.m.

– 12:00 p.m.

Foster Youth

Citrus Club

The Good, The Bad, and The Harbor Park and Lake 12:00 p.m. – 1:30 p.m.

Ugly – Florida Tenant and Baldwin LAS Lunchtime Training OCBA Center also Mobile Home Laws

Advocating for LGBTQ+ Prerecorded • LAS website LAS Lunchtime Training

12:00 p.m. – 1:30 p.m.

Youth in the Dependency

Legal Re-Set Button –

Health & Wellness Prerecorded • LAS website System Chapter 13 Bankruptcy Committee Seminar

12:00 p.m. – 1:30 p.m.

Lawyers Literary Society

12:00 p.m. – 1:30 p.m.

Personal Organization and OCBA Center also Committee Meeting

OCBA Center also Productivity Skills for Prerecorded • LAS website

Cixin Liu: The Three-Body Prerecorded • LAS website Lawyers Problem Health & Wellness 12:00 p.m. – 1:00 p.m.

Lawyers Literary Society 12:00 p.m. – 1:00 p.m.

Committee Meeting Virtual Committee Meeting Virtual 12:00 p.m. – 1:00 p.m.

Maggie O’Farrell: Hamnet OCBA and Paul C. Virtual

12:00 p.m.

– 1:00 p.m.

Criminal Law Perkins Bar Association Virtual Committee Meeting Professionalism Awards Joint Luncheon 12:00 p.m. – 1:00 p.m.

Keynote Speaker: Mike Speaker: Yolanda Cash Criminal Law OCBA Center Tanner, Esq., President, Jackson, Esq. Committee Meeting The Florida Bar

Sponsor: Florida 12:00 p.m. – 1:00 p.m.

Civil Rights Law

3:00 p.m. – 5:00 p.m.

Lawyers Mutual

OCBA Center Committee Meeting Jury Assembly Room 11:30 a.m. – 1:00 p.m.

12:00 p.m. – 1:00 p.m.

Civil Rights Law at the Orange County Embassy Suites Downtown Virtual Committee Meeting Courtnouse Orlando 12:00 p.m. – 1:00 p.m.

Social Security Virtual Committee Meeting 12:00 p.m. – 1:00 p.m.

Social Security Virtual Committee Meeting 12:00 p.m. – 1:00 p.m.

Estate Guardianship & OCBA Center Trust MAJOR CLE

The Rise of the RPPTL’s: What to Expect in Please note that live OCBA and Legal Aid seminars and events may be Guardianships, Probate, offered virtually, prerecorded, postponed, or cancelled. Please follow the and Estate Planning most current news in the OCBA’s weekly newsletter eblast and on the OCBA

Sponsored by Estate, Nancy Weber • Hon. Heather Pinder Rodriguez • Lori Caldwell-Carr Trust, & Guardianship and LAS websites and social media.

Juna Pulayya • Lorna Truett • Andrew Windle Mediation Services Hon. Tesha Ballou • Susan Staggs • Mark O’Mara 9:00 a.m. – 5:00 p.m.

Virtual

2

3

17 18

8

9

10

22

23

24

2

16

3

17

5 8

9

10

18 22

23 24

11

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