March 2014 for Producing ESI – Part 1 Elliott Wilcox, Esq

A Publication of the Orange County Bar Association

LaShawnda K. Jackson, Esq. The Hon. Faye L. Allen Rafael E. Martinez, Esq. Lawrence G. Mathews, Jr. Young Lawyer James G. Glazebrook Memorial William Trickel, Jr. Professionalism Award Professionalism Award Bar Service Award

Inside this Issue: President’s Message Mediate ESI Issues Early and Technology Age: “The Best of Times Get Back to the Merits of Your Case and the Worst of Times” Lawrence H. Kolin, Esq.

Paul J. Scheck, Esq. Presentation Skills Making Sense of E-Discovery: 10 Steps Destroy Your Relationship... With Technology! March 2014 for Producing ESI – Part 1 Elliott Wilcox, Esq. Vol. 82 No. 3 David P. Hathaway, Esq. The Orange County Bar Association

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theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 1 19 Contents Legal Aid Society News 3 Legal Aid Society Pro Bono Attorneys Prepare Taxes at Vita Site the President’s Message Catherine A. Tucker, Esq. Brie s Technology Age: “The Best of Times and the Worst of Times” f Paul J. Scheck, Esq. 20 Co-Editors ©2011 Legal Aid Society GAL Teaching Tips Vincent Falcone, Esq. & Ian D. Forsythe, Esq. 4 Legislative Advocacy on Behalf of the Legal Aid Society’s Professionalism Committee Guardian ad Litem Program Associate Editors 2014 Professionalism Award Recipients Susan Khoury, Esq. Elizabeth Collins Plummer, Esq. & Michael M. Kest, Esq. 24 Carrie Ann Wozniak, Esq. 5 OCBA January Luncheon Hearsay Columnist OCBA Luncheon 30 Christine A. Wasula, Esq. Rafael E. Martinez, Esq., OCBA 2014 William Side Bar Columnist Trickel, Jr. Professionalism Award Recipient Presentation Skills for Lawyers Destroy Your Relationship... With Technology! Sunny Lim Hillary, Esq. 9 Elliott Wilcox, Esq. YLS Columnist The Florida Bar News Jill D. Simon, Esq. Board of Governors January 2014 Meeting Highlights 32 Focus on Technology w 10 End of Support for Microsoft Windows XP: OFFICERS The Florida Bar News What Does that Mean? Steve LaPha Paul J. Scheck, Esq. President Central Florida Bankruptcy Law Association Receives Nicholas A. Shannin, Esq. President-Elect Pro Bono Award Jamie Billotte Moses, Esq. Treasurer 33 11 YLS on the Move Wiley S. Boston, Esq. Secretary Judicial Relations Committee Jill D. Simon, Esq. w Report from the Orange County Bar Judicial Relations Committee 34 EXECUTIVE COUNCIL Richard S. Dellinger, Esq. Hearsay... Linda Drane Burdick, Esq. Eric C. Reed, Esq. Christine A. Wasula, Esq. Philip K. Calandrino, Esq. Richard S. Dellinger, Esq.

12 36 Mary Ann Etzler, Esq. The Florida Board of Governors News Rainmaking What Drives Our Decisions – Reason or Emotion? Part 1 LaShawnda K. Jackson, Esq. The Florida Board of Governors Guidelines for Kristopher J. Kest, Esq. Advertising Past Results Michael Hammond, Esq. Elizabeth F. McCausland, Esq. 13 38 Nichole M. Mooney, Esq. Focus on Technology New Members Eric C. Reed, Esq. Making Sense of E-Discovery: 40 Gary S. Salzman, Esq. 10 Steps for Producing ESI – Part 1 William C. Vose, Esq. David P. Hathaway, Esq. SideBar Sunny Lim Hillary, Esq. Kristyne E. Kennedy, Esq. Ex Officio 14 Lauren Heatwole McCorvie, Esq. YLS President Clerk of Courts News 43 w Eddie Fernández Sworn In as Orange County Paralegal Post EXECUTIVE DIRECTOR Clerk of Courts Florida’s Limited Liability Act Brant S. Bittner Michelle McKinnie, FRP 15 Chris Haynes w Focus on Technology Mediate ESI Issues Early and Get Back to the Merits of Your Case Communications Manager Lawrence H. Kolin, Esq. 44 Peggy Storch Protecting Your Mobile Devices 16 Rebecca Bowland Communications Assistant Focus on Technology 45 Nancy Barnette What is Cloud Computing and Why Should You Care? Marketing & Sponsorship Coordinator James Shaver Announcements Chelsie Sloan 17 47 Law Week Program Update Classifieds American Democracy and the Rule of Law: Why Every Vote Matters 48 Calendar 18 Legal Aid Society What We Do... Residential Mortgage Foreclosure Program Modern Day Slavery in Central Florida 407-649-1833 Camila Pachon Silva, Esq. 880 North Orange Avenue • Orlando, FL 32801 (407) 422-4551 • Fax (407) 843-3470 DEADLINE INFORMATION Legal Aid Society 407-841-8310 Advertising - 10th of the month prior to the month of publication Copy - 15th of the month six weeks prior to the month of publication Citizen Dispute 407-423-5732 If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does Family Law Mediation 407-422-4551 not imply any endorsement of any product, service or opinion advertised. The opinions and conclusions, including legal Lawyer Referral Service 407-422-4537 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. Orange County All contents ©2014 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hebert Foreclosure Mediation 407-422-4551 Cover photo: Mark LeGrand, Creative Director and Lisa LeGrand, Pro One Video; Derek Smith, Photographer, Sunshine Young Lawyers Section 407-422-4551 Photographics, Inc. ISSN 1947-3968 PAGE 2 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 President’sMessage March 2014

Technology Age: “The Best of Times and the Worst of Times” didn’t grow up in a house that was particularly Little by little this technology seems to be subtly cutting-edge when it came to the newest tech- destroying the meaningfulness of interactions we Inology. Don’t get me wrong, it wasn’t that we have with one another. Instead of spending time didn’t enjoy our 8-track tape player, our Atari vid- in person with family, friends, and clients, we just eo game system, and our Tandy 1000 from Radio call, text, or instant message them. It may seem Shack. For my generation, however, the use of simpler to communicate in these ways, but we technology turned from an option into a require- ultimately end up seeing our friends and clients Paul J. Scheck, Esq. ment, both in school and beyond. As a freshman face to face a lot less and miss out on the rewards in college in the 1980s, it was still big news when and blessings of simply “hanging out” and shar- someone in my dorm got his own computer, as ing time with them. It is a shame that more of us most of us went to the “computer lab” to type do not handwrite our “thank you” notes or invita- up our papers. Today, it would be unthinkable tions anymore, but rather opt for the quicker, but to send a child off to college without a laptop, much less personal option of an email or a text. fully equipped with all the latest software that I I would encourage each of us to take a step back couldn’t have envisioned while working away on and reassess how we interact with one another. my Tandy 1000. I was reminded of how wonderful these times of In the face of these changing times, the OCBA has personal interaction can be at a recent campout taken numerous steps to stay on the cutting edge with my son. As we sat around the campfire, sev- of technology, thereby providing the best benefits eral of the boys took turns telling scary or goofy and services to its members. We have better com- stories, each one trying to surpass his predeces- munication tools such as email blasts, on-line sor in shock value. We then had the boys take networking, and CLE opportunities and a more turns in being part of a “progressive story,” with user-friendly website. Rather than just “surfing” each boy adding his own twist to the storyline the web for fun or general information, people the previous boy had created. It is not often that now visit websites for specific information. We Sasquatch ends up being the hero of a story, but are seeking to deliver on those expectations by the boys managed to pull it off. What impressed constantly updating our website and adding new me the most, however, was the ability of the boys features such as the “OCBA Store.” Through this to verbally express themselves by using creative feature, our members can register for lunches and twists while laughing with each other and en- social events, order CLEs and supporting materi- couraging one another – an experience I will not als, and even register for our Bench Bar Confer- soon forget. It was reassuring to see that human ence on April 11th (Hint! Hint!). We hope our interaction and dependence is still alive and well! members will take advantage of and enjoy this I sincerely believe that technology provides nu- new technological addition to our website. merous, wonderful advantages, and as a bar as- Yet as we try to stay relevant with the advanc- sociation we will continue to implement new ing world around us, a part of me feels that we technology into all that we do. At the same time, are losing something in the process. USA Today however, I hope that we will all resist the urge to dubbed 2010 as “the year we stopped talking to sacrifice the value of social interaction that we all one another.” It is estimated that 93% of Ameri- need as human beings. So, in the month ahead, cans now use cell phones or wireless devices, and spend some quality time personally interacting one-third of those same people use smartphones. with your family, friends, and clients, and while In other words, most of us spend our days walk- you are with them, turn off your technology. ing around with our noses buried in our cell Trust me, you won’t regret it! phones, iPhones, BlackBerrys, or Galaxy phones. Paul J. Scheck, Esq., is a partner with Shutts & Bowen, While we are doing that, the price we pay is that LLP. He has been a member of the OCBA since 1993. we are tuning out the people who are actually in the same room or at the same dinner table with us, often without being aware of it.

theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 3 ProfessionalismCommittee

2014 Professionalism Award Recipients he Orange County Bar Association strives Through these and numerous other activities to increase the civility and professionalism and board leadership positions, those who nom- Tof its members by offering seminars, writ- inated her for the Glazebrook Award say, “Judge ing articles for The Briefs, and reaching out to Allen possesses the civility, integrity, and respect local law schools, elementary, middle, and high that professionalism demands.” schools and the community with activities that promote the profession and our system of justice. Rafael E. Martinez, Esq. Through our annual professionalism awards, we William Trickel, Jr. recognize three members of the legal community Professionalism Award Michael M. Kest, Esq. whose practice, service, professionalism, ethical Rafael E. Martinez, conduct, demeanor, and high moral standards Esq., McEwan, Marti- best embody the qualities we all seek to emulate. nez & Dukes, P.A., is an The following individuals are this year’s award attorney who possesses a recipients. candor and forthright- The Honorable Faye L. Allen ness that have earned him a reputation among James G. Glazebrook Memorial his colleagues as a man Bar Service Award who can be counted on County Judge Faye L. Allen, who was to represent his clients appointed to the bench in 2005, is a with soft-spoken zeal and approach opposing dedicated jurist who has worked con- counsel with courtesy and respect. sistently to enhance the legal profes- Ralph was admitted to The Florida Bar in 1977, sion both within the profession and is a member of the Fifth and Eleventh U.S. Cir- in the community. She serves on the cuit Court of Appeals; U.S. Middle District of OCBA Foundation board, where she Florida, Southern District of Florida, and was has worked to develop a partnership admitted to practice before the U.S. Supreme with the Florida Supreme Court’s Jus- Court in 1981. tice Teaching program and serves as the Justice Teaching Liaison for the Throughout his career, Ralph has served in Ninth Judicial Circuit. She has dedi- leadership positions on numerous commissions cated nearly ten years of service to the and committees, including being nominated by OCBA Law Week Committee and has U.S. presidents to serve first as a public delegate worked with volunteers from all areas to the United Nations 56th General Assembly of the legal profession. Judge Allen was and later to serve as a part-time Commissioner a co-founder of the Pathways-In-Law program of the Foreign Claims Settlement Commission. for youth, which highlights the dangers of il- We encourage you to read Ralph’s professional legal drugs, was elected by her peers to serve as biography on page 5 of this issue of The Briefs. co-chair on the statewide DUI Review Board, An individual who nominated Ralph said: and has served on the committee that developed “Ralph deserves this award because he treats the community outreach program, Leadership everyone, rich, poor, it doesn’t matter, with Law. the same inherent dignity. …When you count In addition, Judge Allen currently mentors three your blessings every day as he does, it’s easier to young attorneys, providing internships and keep even a stressful job like a trial lawyer’s in clerking opportunities to students from Barry, perspective. He understands that the ups and Florida A&M, Florida State, and the University downs of our work lives must be subordinate to of Florida law schools and encourages their par- greater things: faith, family, friends, and coun- ticipation in pro bono work through the Legal try. It is his perspective on what’s really impor- Aid Society. She has been a member of the Paul tant that frees him to rise above the challenges C. Perkins Bar Association throughout her legal which so often make us less than we know we career and was recognized for her contribution should be.” to the bench in 2007 in her selection by the His- panic Bar Association as Jurist of the Year. continued page 6 PAGE 4 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 OCBA LuncheonThursday, March 20, 2014

Rafael E. Martinez, Esq. OCBA 2014 William Trickel, Jr. Professionalism Award Recipient afael E. “Ralph” Martinez, Esq., McEwan, ange County Bar Association, Professionalism Martinez & Dukes, P.A., received his Committee chair (1999-2000) and Judicial Rbachelor of science degree from the Uni- Relations Committee chairman (1997-1998); versity of Florida in 1973, and his juris doctor American Board of Trial Advocates (ABO- degree from Florida State University in 1976. TA) Central Florida Chapter (1996-present; Mr. Martinez was admitted to practice in Flor- president, 2004); International Association of ida by the Florida Supreme Court in 1977; he Defense Counsel, Products Liability Com- is a member of the Fifth and Eleventh U.S. mittee (1996-present); Pharmaceutical Medi- Circuit Court of Appeals; U.S. Middle Dis- cal Device and Biotechnology Committee trict of Florida, Southern District of Florida, (1996-present); Medical Defense Commit- Rafael E. Martinez, Esq. and was admitted to practice before the U.S. tee chair (2000-2001); Faculty, IADC Trial Supreme Court in 1981. Mr. Martinez main- Academy, Stanford University (2004); Board tains an A.V. Martindale-Hubbell rating. of Directors of the Health Law Section of The Florida Bar (1992-1997); Inter-American In 2003, Mr. Martinez was nominated by the Bar Association (1979-present); Fellow of the president of the United States to serve as a American Bar Foundation. public delegate, representing the U.S. before the United Nations 57th General Assembly. Mr. Martinez is also active in our community, On May 23, 2003, he was confirmed by the having served as chairman of the Metropoli- U.S. Senate and served as a public delegate for tan YMCA for Central Florida (1992-1994); that term. YMCA of the U.S.A. National Board Nomi- nating Committee (2003-present); CNL On May 28, 2008, Mr. Martinez was sworn Bank Board of Directors (2002-present); Sun- in as a part-time Commissioner of the For- Trust South Orlando Administrative Board eign Claims Settlement Commission. He was chairman (1988-2000); Orlando Regional nominated for the position by President Bush Healthcare Foundation Board of Directors on February 7, 2008, and confirmed by the (1989-present); Central Florida Fair Associa- Senate on May 20, 2008. tion (1999-present). Mr. Martinez is active in bar-related orga- Mr. Martinez currently serves on the Board of nizations, having served as a member of the Trustees of the University of Richmond and Ninth Circuit Judicial Nominating Commis- served previously on the Board of Directors sion (1990-1994; Commission chair, 1993- of Valencia Community College in Orlando, 1994); Fifth District Court of Appeal Judicial Florida. Nominating Commission (1995-1999); Or-

The Ballroom at Church Street OCBA Professionalism Luncheon 11:30 a.m. - 1:00 p.m. 225 S. Garland Avenue • Orlando, FL 32801 Please RSVP by Friday, March 14, 2014 RSVPs will not be accepted after March 14, 2014 RSVP through the OCBA Store at www.orangecountybar.org/store Sponsored by: CANCELLATIONS must be recceived no later than March 14, 2014. To cancel, contact Marie West at [email protected]. The OCBA is happy to provide 10 luncheons as part of your member benefits, but no-shows incur additional charges for the Bar and walk-ins cannot be guaranteed a seat.

theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 5 ProfessionalismCommittee role model for minority students. She has been on the board and continued from page 4 served as president-elect of the OCBA’s Young Lawyers Section, she was an editor of The Briefs magazine, received The Florida LaShawnda K. Jackson, Esq. Bar Young Lawyers Division (YLD) Diversity Award, and has Lawrence G. Mathews, Jr. Young Lawyer served on the YLD Board of Governors since 2006. LaShawnda Professionalism Award was on the Ninth Circuit Judicial Nominating Commission, LaShawnda K. Jackson, Esq., Rumberger, serving as vice chair in 2009 and has been a member of the Kirk & Caldwell, P.A., is an outstanding George C. Young First Central Florida Inn of Court since 2006. member of her profession and a generous She has served as treasurer, vice president, and president of the mentor to young lawyers and members of Paul C. Perkins Bar Association. LaShawnda is a UF Trial Team her church. She attended the University coach and a Final Four judge and has been named Florida Super of Florida (UF), earning two degrees cum Lawyers Rising Star. laude: a bachelor of science in political sci- For ten years, LaShawnda has mentored boys and girls in the ence (1999) and juris doctor (2002). As a scholar and recipient First Presbyterian Church of Orlando’s After School Outreach of numerous awards, including the Legal Research & Writing Ministry (ASOM). When she received The Florida Bar’s YLD Book Award and the James W. Kynes Scholarship for athletics award in 2006, she donated the $2,500 award to ASOM. and academic achievement and being named the Minorities Par- Michael M. Kest, Esq. is chair of the Professionalism Committee. He has ticipating in Legal Education Scholar, LaShawnda has served as a been a member of the OCBA since 2012.

The George C. Young First Central Florida American Inn of Court is currently accepting nominations for the 2014 Arnie Wilkerson Memorial Court Service Award. This award honors individuals (excluding lawyers and judges) working in the judicial system who display the highest standards of character, integrity, and ongoing dedication to the judicial system. Past recipients have been long-term models of excellence in their work within the judicial system and have also been extremely active in some dimension of community service outside of the judicial system. The winner of this award will receive a plaque and $500, and will have his/her name added to a plaque hanging outside the Roger Barker Memorial Courtroom on the 23rd Floor of the Orange County Courthouse.

The due date for nominations is April 15, 2014. If you are interested in submitting a nomination, please contact Roger Handberg at handberg@ mindspring.com, or go to our website (www.innsofcourt. org/Content/InnContent. aspx?Id=1008) to obtain a nomination form.

PAGE 6 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 Successfully Negotiating Forks in the Road Since 1988. For 25 years, our mediators have led attorneys and their clients through the woods to settlement. From five offices in Florida and Alabama,Upchurch Watson White & Max has become a top mediation firm nationally, known for effectively and efficiently facilitating agreements to resolve complex and routine issues alike. Our Supreme Court certified attorney-neutrals can serve as court-appointed or privately employed mediators as well as arbitrators and third-party case managers. For scheduling, take a direct route and call 800-863-1462, or visit us online.

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theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 7

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PAGE 8 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 The Florida BarNews

Board of Governors January 2014 Meeting Highlights he Florida Bar Board of Governors met on 5-1.2); and replacing monies improperly taken January 31, 2014. Major actions of the board from trust accounts (Rule 5-1.1). For details on Tand reports received included: the amendments, please watch for articles in The Chief Justice Ricky Polston discussed the state of Florida Bar News. the judiciary. He said the court system is seek- The board approved allowing the Legal Needs ing competitive pay adjustments and equity and of Children Committee to support legislation retention funds for court staff, funds for repairs allowing only judges to make a determination and upgrades to four aging district court of ap- when children charged with crimes should be peal buildings, and funds for continued techno- tried in adult court. In addition, the board ap- logical improvements for the court system. The proved a request of the Standing Committee on proposed budget for 2014-15 also includes 49 the Unlicensed Practice of Law for The Florida new judges – three appellate, seven circuit, and Bar to support the American Bar Association’s ef- 39 county judgeships – as detailed in the De- forts to advocate for passage of legislation (HR cember 20, 2013, judicial certification opinion. 2936) to prevent immigrants from being victim- For additional information on the court system’s ized by nonlawyers in immigration matters. budget requests for 2014-2015, please visit www. A dedication ceremony was held to formally flcourts.org. name the Wm. Reece Smith, Jr. Leadership Acad- President Eugene K. Pettis, Esq., announced that emy. The academy’s first class of 59 fellows met in the deadline for bar members to apply for the bar’s Tallahassee on January 30-31, 2014, and attend- recommendation of six lawyers for two vacancies ed the Pro Bono Awards Ceremony, the Florida on each Judicial Nominating Commission to Supreme Court Historical Society Annual Din- the governor for the governor’s appointment has ner, and the academy’s dedication ceremony at been extended to Friday, March 21, 2014, at 5:30 the Board of Governors meeting. p.m. Each appointee will serve a four-year term Justice Barbara Pariente made a presentation on commencing July 1, 2014. Applicants must be the Informed Voters Project, a nonpartisan voter engaged in the practice of law and a resident of education initiative of the National Association the territorial jurisdiction served by the commis- of Women Judges. Florida is one of eight states sion to which the member is applying. Applicants selected to implement pilot projects to address must comply with state financial disclosure laws. the importance of a fair and impartial judiciary Screening committees of the Board of Governors and of keeping special interests from influenc- will review all JNC applications. The Executive ing judicial elections. For more information, visit Committee will then make recommendations to http://ivp.nawj.org/ and read the February 1, the Board of Governors. The application is post- 2014, The Florida Bar News article. ed on the bar’s website, or members may call bar headquarters at (850) 561-5757, to obtain the Special Appointments Schedule: application. The Florida Board of Governors is seeking a lawyer applicant to fill a vacancy on the Florida Three proposed amendments to the Rules Regu- Supreme Court’s Bar Admissions Committee. lating The Florida Bar were received on first read- Completed applications are due Friday, Feb. 28, ing. They pertain to: participation in lawyer refer- 2014. ral services (Rule 4-7.22); the requirement that bar members certify that the maintenance of their trust accounts is in compliance with rules (Rule

theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 9 The Florida BarNews

Central Florida Bankruptcy Law Association Receives Pro Bono Award he Central Florida Bankruptcy Law Association is the recipi- pro se litigants understand the bankruptcy process. They assist in ent of the 2014 Voluntary Bar Association Pro Bono Award. preparing court documents and offer limited case specific advice. TThe award, which recognizes a Florida voluntary bar that has The CFBLA’s website (www.cfbla.org) also offers many forms and demonstrated a significant contribution in the delivery of legal publications that may be needed in a bankruptcy case. services to individuals or groups on a pro bono basis, was presented Since its opening, 93 attorney members of the CFBLA have vol- by Chief Justice Ricky Polston on January 30, 2014, during a cer- unteered their time to staff the clinic. They have consulted with emony at the Florida Supreme Court. nearly 400 pro se individuals and volunteered more than 500 The Central Florida Bankruptcy Law Association is a non-profit hours. The Bankruptcy Pro Se Assistance Clinic receives an aver- organization that supports the collegial and professional practice age 30 requests for assistance each week. More than 2,100 requests of bankruptcy law in the Orlando Division of the Middle District have been received since July 2012. CFBLA solicits volunteer at- of Florida. This is done through continuing education and service torneys on its website. They are asked to counsel pro se debtors and to the bench, bar, and community. CFBLA serves all bankruptcy creditors during the clinic’s hours of operation. The minimum practitioners in Orange, Osceola, Seminole, Lake, and Brevard time commitment is one hour, but they encourage at least a two- counties. hour commitment. Each counseling session is 30 minutes. If a The Bankruptcy Pro Se Assistance Clinic is a project of the as- person needing help is unable to travel to the clinic to meet in sociation. Opening in July 2012, the clinic is the result of a part- person with an attorney, volunteer members of the CFBLA will nership with the Orange County Bar Association Bankruptcy offer assistance through e-mail or telephone calls. Generally, the Committee. The clinic is located at the George C. Young Federal clinic is first come, first served with priority given to those persons Courthouse in Orlando and is staffed by experienced bankruptcy who have requested an appointment in advance or to those on a attorney volunteers who offer free, on-site information and guid- deadline. ance to debtors and creditors who are representing themselves in Submitted by Francine A. Walker, Director of Public Relations, The Florida Bar. the U.S. Bankruptcy Court. Lawyers meet one-on-one to help

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www.patrickcrowell.com Patrick C. Crowell, P.A. 4853 S. Orange Avenue, Suite B Orlando, FL 32806

PAGE 10 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 Judicial RelationsCommittee

Report from the Orange County Bar Judicial Relations Committee he Judicial Relations Committee meets on a ings for the Criminal Division are ongoing, and monthly basis. At those meetings, division the judges have not received any complaints on Theads at the Orange County Courthouse e-filing in the Criminal Division to date. and bar leaders report on current activities. The Judge Alan Apte reported on Circuit Domestic committee officers are Eric Reed, Esq. (chair), and said that all of the judges for the year 2013 Camy Schwan-Wilcox, Esq. (vice chair), Gisela will be continuing through the year 2014. Judge Laurent, Esq. (treasurer), and Richard Dellinger, Apte further stated that the OCBA’s Family Law Esq. (secretary). This report is an attempt by the Committee is reviewing the administrative orders committee to summarize the reports for the edu- and noted that updated administrative orders Richard S. Dellinger, Esq. cation of the bar. should be issued soon. He also announced that Eddie Fernández, Esq. was introduced as the an assistant state’s attorney had been assigned to new Clerk of Courts at the January 22, 2014, the Domestic Division and would be analyzing meeting. Mr. Fernández is currently an attorney the returns on domestic violence hearings to de- with Shutts & Bowen, LLP. He was appointed termine how the State Attorney’s office can help on January 17, 2014, by Governor Rick Scott to with domestic violence issues. replace former Clerk of Courts, Lydia Gardner. Judge Thomas Turner reported on Circuit Juve- Mr. Fernández expressed gratitude for the ap- nile, stating that there are more pleas and fewer pointment and eagerly looks forward to his new trials in delinquency cases because of changes in responsibilities and working with the staff. the policies of the State Attorney’s office. Judge Judge Lisa Munyon presented the report on be- Turner also voiced that the Dependency Court half of the Circuit Civil Division. She stated that could always use more guardians ad litem. the 14th floor space that was built out for tri- Judge Steve Jewitt reported on County Civil, als is now available for large civil trials and that mentioning that Judge Tynan has agreed to con- two new rooms on the 14th floor are dedicated tinue to serve as a county court judge for the next to foreclosure hearings. Judge Munyon further one to two months until his docket can be cov- reported that foreclosures are declining and that ered. Currently Judge Tynan’s position is open Eric C. Reed, Esq. the court anticipates reaching pre-2009 foreclo- and has been advertised for appointment. sure levels by the end of 2014, adding that the residential foreclosure system would reinstate the Judge Heather Higbee reported on Circuit Ap- system used a year ago. As a result of the antici- pellate, noting that the caseload at Circuit Appel- pated decline in foreclosures and the reinstate- late is decreasing. Unfortunately, though, a staff ment of the previous system, senior judges, rather attorney who had been working on cases has just than magistrates, would handle most foreclosure accepted a job at the Fifth District Court of Ap- cases. There are currently three senior judges peal. Judge Higbee encouraged attorneys to call available for foreclosures, and trials will be held her office and ask for a status report if they feel in a hearing room on the 17th floor. The residen- their appellate case has been taking longer than tial foreclosure proceedings have been updated, usual. effective January 6, 2014, and are available at: The Clerk of Courts reported that the Ninth http://www.ninthcircuit.org/programs-services/ Judicial Circuit “Help Desk,” which has been foreclosures/Downloads/ForeclosureProcedures. used for the electronic filing system, would soon pdf. be transitioned to the statewide help desk. The Judge Frederick Lauten presented a report on clerk’s office staff look forward to working with behalf of the Circuit Criminal Division. Judge Mr. Fernández to make a smooth transition. Lauten announced that Judge Greg Tynan will Assistant state attorney Linda Drane-Burdick soon be presiding over Division 16 after his ap- provided a report from the State Attorney’s office, pointment as a circuit judge by Governor Scott. reporting that the reorganization at the office is Judge Julie O’Kane will continue her current now complete and that Mr. Ashton had just com- caseload, and Judge Gail Adams will be handling pleted his first year in office. Ms. Drane-Burdick the downtown Bureau of Prisons cases. Judge reported that an assistant state attorney has been Belvin Perry and Judge Lauten have both agreed assigned to assist in Domestic Violence Court. to take over the Bureau of Prisons cases that in- She reported, however, that the ASA would soon volve sex crimes. Judge Lauten reported that e-fil- continued page 37 theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 11 The Florida Board of GovernorsNews

The Florida Bar Board of Governors Guidelines for Advertising Past Results (December 13, 2013; Revised January 17, 2014)

he Rules Regulating The Florida Bar govern- the net amount received by the client. The net ing lawyer advertising state that advertising amount is the amount after deductions for attor- Tpast results is misleading, unless the results neys’ fees and litigation-related expenses. Medical are objectively verifiable, under Rule 4-7.13(b) expenses that are reimbursed to the client or paid (2). Additionally, advertis- on behalf of the client may be included in the net ing past results is subject to amount. The advertisement may include a dis- Rule 4-7.14, which prohibits claimer that states: “After deduction of attorneys’ advertisements that are “liter- fees and expenses.” ally accurate, but could rea- When an advertisement includes a dollar amount sonably mislead a prospective of a verdict, judgment, or settlement and does not client regarding a material contain language or an illustration that indicates fact.” Rule 4-7.14(a)(2). The that a client has received such amount (“Law firm Standing Committee on Ad- has obtained ten verdicts over $1 million”), the vertising issues the following dollar amount may be the gross amount of the guidelines to assist lawyers verdict, judgment, or settlement. In such case, in complying with these re- the advertisement must include a prominent dis- quirements when advertising claimer that states: “Before deduction for attor- past results: neys’ fees and expenses.” Unacceptable Media When an advertisement contains a dollar amount The inclusion of past results and that client is receiving funds through a struc- in advertising carries a par- tured settlement, the advertisement must use the ticularly high risk of being present value of the total settlement, rather than misleading. Such advertising the amount paid in total over the life of the struc- will require the inclusion of tured settlement or annuity. The result obtained more information than most by the lawyer is the present value invested, not types of advertising in order to comply with Rules the total paid over the life of the structured settle- 4-7.13(a)(2) and 4-7.14(a). Indoor and outdoor ment or annuity. The “present value” of the funds display and radio and television media do not must be the net amount received by the client and lend themselves to effective communication of paid in lump sum and/or structured settlement such information. Consequently, the bar general- or annuity after deduction of costs and attorneys’ ly will not approve advertisements in such media fees. that include references to past results. All advertisements that include a reference to a Acceptable Media dollar amount in connection with a result must In other media, the inclusion of references to past include the following disclaimer prominently results carries a lesser risk of being misleading, displayed unless objectively verifiable documen- because more information can be included that tation to the contrary can be produced: “Most explain the past results and provide disclaimers, cases result in a lower recovery. It should not be and because consumers have more time to view assumed that your case will have as beneficial a and process the information provided in the ad- result.” vertisement. Examples of other media include direct mail, direct email, print advertisements, Specific Results Other Than a Dollar Amount (except for indoor and outdoor display media) All advertisements that contain specific results and websites. In these other media, the following other than a specific dollar amount as a recovery guidelines apply when past results are referenced must also contain the disclaimer prominently so that consumers are not misled: displayed unless objectively verifiable documentation to the contrary can be produced: “Results Advertising Dollar Amounts may not be typical. You may not have as ben- When an advertisement includes a dollar amount eficial a result.” For example, advertising a “not and language or an illustration that indicates that guilty” verdict, a dismissal of a traffic ticket, or a a client has received the specific amount (“My loan modification resulting in lower payments all lawyer got me $X” with a photograph of a per- would require the disclaimer above. son receiving money), the dollar amount must be continued page 29 PAGE 12 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 SpecialFocus on Technology

Making Sense of E-Discovery: 10 Steps for Producing ESI – Part 1 ave you ever been handed a detailed flow- his boss than he might be when you talk to him chart on electronically stored information on the phone in private. Bring your team and, if H(ESI) and wondered what to make of it? necessary, someone from your IT department who Have you read case law summaries about ESI and can ask some of the technical questions. thought, “How do I actually apply this holding to Keep in mind that the producing party usually my practice?” And when you do produce ESI, is pays for ESI, and though your client may be there any concern whether the methods you used weighing the cost of being thorough against the would pass muster if critiqued by a federal judge? risk of sanctions, you are ethically required not When the next big case comes in, have a plan to to let the client cut corners. Explain to the client David P. Hathaway, Esq. make sure you do everything right. Of course, what the rules of civil procedure require, and note you will have to tailor your methods and bud- that you can save costs by working with opposing get to the size of the case, but at least some ESI counsel to limit the scope of the search. Record will come into play any time communications or everything in your journal, and be sure the client stored data might become evidence. If producing has properly implemented the litigation hold in ESI takes you out of your comfort zone, here are all relevant departments and among all informa- 10 steps that might work for you. tion systems. You might also go over the client’s 1. Prepare your team. As soon as you staff the case data retention policy to be sure it is simple, en- within your office, hold a team meeting to discuss forceable, and actually being enforced. the nature of the case and what kinds of ESI might 3. Interview the employees. You will probably learn be relevant to prove the claims and defenses. Be the names of the employees who might have in- sure to include everyone in the meeting, such formation relevant to the case. You should inter- as a shareholder, an associate, and a paralegal. view them and find out which devices they use In discussing ESI, consider not just computers, in performing job duties as well as the different but other things like workplace video cameras, forms of communication. For example, they may parking garage entry logs, and other records kept use some combination of email, instant messag- electronically. You should stress the importance ing, home computers, voicemail, text, cloud stor- of keeping a journal at your law office to track all age, social media, special software programs, and the decisions you make regarding ESI. The jour- perhaps log books where other data is recorded. nal needs to be easily accessible by everyone on If the employees are heavy users of online net- your team and should be updated regularly. In working, you might advise them not to make fact, the minutes from your meeting should be statements online that could impact the case. You the first entry in the ESI journal. may want to increase their security settings and You may also want to review social media and run advise that anything they have accessed as part of Google searches on anyone who is likely to be de- the job is subject to being searched. You should posed, and print everything immediately in case it also find out whether employees are new to the becomes unavailable later. You should also be sure job and, if so, whether their predecessors may a spoliation notice is mailed to opposing counsel have some of the information. and a preservation letter or “litigation hold” letter Take detailed notes for your journal, and be sure goes to the client. Make them short and under- the employees are properly observing the litiga- standable, with possible inclusion of social net- tion hold implemented by the company. You have working sites as part of the litigation hold. to be the watchdog because, although employees 2. Meet with the client. Set up a conference at your may seem helpful and willing, they might not try client’s office to review its organizational chart and their hardest on completing tasks that don’t fall discuss how information is stored electronically within their job description. Make a checklist of among various people and locations. The client’s all the sources of information they have identified decision maker should attend, as well as the per- and, for anything outside the company premises, son most familiar with the issues in the litigation, write down how and when they plan to provide and a member of the information technology (IT) it to you. department who knows how much work goes into If one or more employees are no longer with the collecting data. Keep in mind that the IT person company, the IT department should be able to may be more optimistic at this meeting in front of continued page 35 theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 13 Clerk of CourtsNews

Eddie Fernández Sworn In as Orange County Clerk of Courts ddie Fernández was sworn in Friday morning, Governor Rick Scott, who cited “Eddie’s reputa- January 31, 2014, as the new Orange County tion as a problem solver and respected member of EClerk of Courts. The Honorable Belvin Perry, the Orlando community.’’ Jr., chief judge of the Ninth Judicial He fills the position long held by Clerk of Circuit, administered the oath of of- Courts Lydia Gardner, who passed away in 2013. fice as a large gathering of judges, at- Fernández paid tribute to Gardner during his torneys, elected officials, community comments, praising her energy, innovations at leaders, and clerk’s office employees the Clerk’s Office, and her contributions to the looked on. community, particularly in the area of domestic “My priority is to be accessible,’’ violence awareness. Fernández said in his comments after Prior to being appointed by Governor Scott taking the oath. “To be accessible to as clerk, Fernández practiced law with Shutts & the bench, the bar, the public, and my Bowen, LLP. deputy clerks. I want to know what I Eddie Fernández being After earning a degree in economics, summa administerd the oath of office can do better. I want to know what the office can by Chief Judge Belvin Perry, Jr. do better. I also want to know what we are doing cum laude, from Rollins College and an M.B.A., great. There are a lot of things we do very well.” with honors, from the Rollins College Crummer Graduate School of Business, he received his law Father John McCormick of St. James Cathedral degree from the University of Florida. offered the invocation; Orange County Bar As- Submitted by Leesa Bainbridge, Orange County sociation president Paul Scheck led the Pledge of Clerks of Court office. Allegiance; and Orange County mayor Teresa Ja- cobs welcomed Fernández into his new role. Fernández, who Judge Perry noted is the first His- panic clerk in Orange County, was appointed by

For E-Portal Help, Please Call up their staffing to handle calls duct a probate records search 850-577-4609 statewide. at www.myorangeclerk.com prior to filing a new “Probate The Florida Courts E-Filing Also, if you are filing pleadings Administration” case. This will Portal has been up and run- electronically, please do so help ensure that another party ning in all divisions of the separately, according to the has not already initiated a case. Orange County Clerk of Courts court’s preference. Please do for several months. The transi- not file multiple pleadings in If a “Will for Safekeeping,” “No- tion has been smooth and we one transmission. tice of Trust,” “Caveat,” “Safe De- appreciate the partnership of posit Box,” or “Probate Other” the Orange County Bar Asso- We Roll Out a New Process For case was previously filed, the ciation. Probate Administration Cases documents will remain consolidated under that case number. Given that attorneys are get- Effective February 3, 2014, ting more comfortable filing “Probate Administration” cases The new process will ensure through the portal and that will no longer be consolidated proper information is sent to we are getting very few phone with previously filed “Wills for the state reporting system calls, we are closing our dedi- Safekeeping,” “Notice of Trust,” following an upgrade to the cated telephone help line, ef- “Caveat,” “Safe Deposit Box,” or system. If you have any ques- fective Feb. 3, 2014. If you need “Probate Other” case types. tions, please email Probate and assistance, please call instead These cases will be filed as new Mental Health Manager Lisa the Florida Court Clerks and cases and not treated as subse- Paige at lisa.paige@myorange- Comptrollers help line at 850- quent filings. To prevent filing clerk.com. 577-4609. They have beefed duplicate cases, please con-

PAGE 14 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 SpecialFocus on Technology

Mediate ESI Issues Early and Get Back to the Merits of Your Case ow that Florida’s E-discovery rules have been which metadata will be produced. Mediation can effective for over a year, disputes over elec- feature private caucuses with retained experts or Ntronically stored information (ESI) are more information technology liaisons who may help commonly, albeit slowly, being addressed in state conduct discovery proportionally, thus minimiz- court litigation. Knowledgeable dispute resolv- ing motion practice, avoiding sanctions, and un- ers, E-neutrals, or mediators familiar with cases predictable judicial outcomes. Cooperation un- involving electronic evidence can help shape dis- der this alternative dispute resolution rubric may covery plans, allocate costs, suggest technological also encompass settling procedures to be followed Lawrence H. Kolin, Esq. solutions, and create efficiencies in this emerging when discovering privileged information that has area. been inadvertently produced in the course of dis- The traditional early mediation process may in- covery, including clawbacks or agreed confidenti- stead be focused into a confidential conference ality orders. solely on managing ESI. Within this protected When the parties reach an agreement, they may framework, a neutral may shape the discussion, ask the court to include parameters from the reminding parties of the merits and dissuading agreement in their formal scheduling order. Flori- them from merely using E-discovery as a sword da’s civil case management Rules 1.200 and 1.201 or shield. Mediation provides practical avenues involving complex litigation, provide the ability that can present parties with significant cost sav- to address topics such as: considering the volun- ings in cases containing ESI, if performed near tary exchange of ESI and stipulations for authen- the beginning of the litigation. ticity; considering the need for advance rulings For example, though counsel are often expected from the court on admissibility; and discussing to reach a rational agreement on what must be the possibility of agreements (whether by parties preserved, taking into account costs and burdens or by referral to a special magistrate, master, oth- incurred by modifying or suspending document er neutral, or mediation) on preservation of evi- retention systems can be tough. Implementing dence, the form in which such evidence should be even narrowly tailored litigation, holds to preserve produced, and whether discovery of such infor- crucial ESI can be difficult without the assistance mation should be conducted in phases or limited of a neutral during such negotiations. Under the to particular individuals, time periods, or sources. safeguards of a confidential mediation, limited Dealing with the amount of data that parties now discovery from custodians or other key persons possess in routine disputes is likely to distract liti- with special knowledge of a company’s computer gators from the merits. These rules can be regu- system may be particularly useful. Lawyers can larly employed by civil practitioners at the outset then self-determine sources from which relevant of most cases in conjunction with alternative dis- information is to be obtained, while the neutral pute resolution techniques to return resources to facilitates agreement on the time frame at issue, the heart of the litigation. search protocols, accessibility of stored informa- Lawrence H. Kolin, Esq., was Founding Chair of the tion, or the cost and burden of restoring inacces- OCBA’s ADR Committee and has been a member of the sible information. OCBA since 1994. An E-neutral, mediator, or perhaps a longer engaged court-appointed special magistrate can also facilitate the electronic discovery process by helping parties to agree on the form in which they want information produced and the extent to

theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 15 SpecialFocus on Technology

What Is Cloud Computing and Why Should You Care? aw firms and small businesses are tired of with Windows called “DFS,” which stands for spending time and money on housing their Distributed File Systems. This technology syn- LIT infrastructure onsite. With all the hype chronizes documents between cloud servers and around cloud computing over the past few years, local servers in your office. So instead of getting firms have become interested in offloading the li- rid of your old server, keep it onsite and maintain ability of owning and maintaining their IT. Deal- an up-to-date synched copy of your files, folders, ing with servers, PCs, and IT people is usually not and documents on it. If the Internet goes down what most firms want to focus on. The reality is or slows to a grind, you simply open a generic that most people still do not have all of the facts folder on your PC and the system will automati- James Shaver about cloud computing and believe it to be unse- cally know to pull the documents from the fastest cure, unreliable, and not a turnkey solution. location (be it the cloud server or the local one). There’s a good chance that MOST of the software Once a file is modified, it syncs in seconds so you applications you use every day are now SaaS appli- don’t have to worry about having multiple ver- cations, or “software as a service.” In other words, sions of the same document. Using this process, you don’t have to install them on your server you get the benefits of the cloud with a backup or PC – you simply access it as a pay-as-you-go solution to keep you up and running during slow model for only the licenses, space, and features periods or complete Internet outages. you use. This gives you the ability to access highly Question #3: What about security? Isn’t there a big sophisticated software and functionality at a frac- risk of someone accessing my data if it’s in the cloud? tion of the cost – or even for free – and without Answer: In many cases, cloud computing is a long-term commitments. more secure way of accessing and storing data. In fact, you are probably already experiencing Just because your server is onsite doesn’t make the benefits of cloud computing in some way but it more secure. In fact, most small to medium hadn’t realized it. Below are a number of cloud businesses can’t justify the cost of securing their computing applications that you might already network the way a cloud provider can. And most be using: security breaches occur because of human error. • Gmail, Hotmail, or other free e-mail Question #4: What if my cloud provider goes out of accounts business? How do I get my data back? Answer: Network documentation should be • Facebook provided that clearly outlines where your data is • NetSuite, Salesforce and how you can get it back in the event of an emergency. This includes detailed information of • Constant Contact emergency contact numbers, information on how • LinkedIn to access your data and infrastructure without • All things Google (search, AdWords, needing outside assistance. maps, etc.) Question #5: Do I have to purchase new hardware (servers, workstations) to move to the cloud? Answers To The Top 5 Questions Business Owners Have Answer: No! That’s one of the greatest benefits About Cloud Computing of cloud computing. It allows you to use older Question #1: What if my Internet connection goes workstations, laptops, and servers because the down for an extended period of time? computing power is in the cloud. Not only does Answer: While you can mitigate this risk by us- that allow you to keep and use hardware longer, ing a commercial-grade Internet connection and but it allows you to buy cheaper workstations maintaining a second backup connection, there and laptops because you don’t need the expensive is a chance that you’ll lose Internet connectivity, computing power required in the past. making it impossible to work. Is Cloud Computing Right For You? Question #2: What happens if the Internet slows While there are a ton of benefits to cloud comput- to the point where it’s difficult to work productively? ing, it’s NOT right for every company. Some ap- Answer: Keep a synchronized copy of your data plications don’t play well in the cloud. You need on your onsite server as well as in the cloud. commercial-grade Internet connectivity. Some Here’s how this works: Microsoft offers a feature continued page 44 PAGE 16 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 Law Week ProgramUpdate

American Democracy and the Rule of Law: Why Every Vote Matters ecked out in cos- speech will present it to hundreds of attorneys at tumes, OCBA at- the bar’s annual Law Week luncheon in April. Dtorneys took their The OCBA will also present its Liberty Bell advocacy skills on the award at the April luncheon. The award recog- road in February when nizes a person or organization outside the tradi- the Orange County Bar tional legal profession that demonstrates a deep Association kicked off commitment to the rule of law and has worked to its series of Law Week promote civic responsibility among the citizens of activities with the mock Central Florida. trial The Big Bad Wolf v. Curly the Pig at local Judges from the Ninth Judicial Circuit take stu- elementary schools. The dents under their wings during the bar’s “Day in trial is a civil matter that the Life of a Judge” job shadowing program and follows the story line of “Pathways in Law,” an education program de- “The Three Little Pigs” veloped for youngsters ages 8 to 18. Youth from and engages students in Parramore Kidz Zone (PKZ), as well as from the Students in Carly Swartling’s an interactive exploration of the justice system Apopka Farmworkers’ Ministry or community second-grade class at Audubon in terms they understand. centers take part in activities such as meeting Park elementary school in judges, law enforcement officers, prosecutors, Orlando were proud participants With characters including B.B. Wolf, Curly Pig, public defenders, and other legal profession- in the mock trial, The Big Bad plaintiff and defense attorneys, judge, bailiff, and Wolf v. Curly the Pig, presented by als, finding out about various legal careers, and more, students served as jury members as they participating in a mock trial. A member of the OCBA attorneys in February. The were introduced to concepts such as taking an mock trial, which is one of the League of Women Voters talks with the young- OCBA’s award-winning Law Week oath, rendering a verdict, and serving as a jury sters about their civic responsibilities, including activities, introduced students to member. the right to vote. Activities end with a pizza party concepts such as the meaning and cake in the courthouse jury room. of taking an oath, the process The one-hour Big Bad Wolf Trials, as they are of arriving at a verdict, and the known, were presented at Audubon Park, Rock In early April, the OCBA, in partnership with various roles of judge, jury, and Lake, Lake Como, Silver Lake, and Orange Cen- students and faculty from the Florida A&M Uni- attorneys in the civil trial process. ter elementary schools in Orlando. versity College of Law, will host a panel discussion Back row (left to right): Joanne The OCBA’s traditional DUI Mock Trials for on the ABA’s Law Day topic. Bill Cowles, Orange Wilson, Esq.; Heather Dodge, Esq.; high school students went high-tech this year. County Supervisor of Elections, will serve as one Nina Vaghaiwalla Rawal, Esq.; Melody Elam, Esq.; C. Andrew Roy, Dr. Phillips High School’s Visual and Perform- of the panelists. As the country approaches the Esq.; Keef Owens, Esq. ing Arts magnet program served as the backdrop 50th anniversaries of the Civil Rights Act of 1964 for the production of a videotaped mock trial. and the Voting Rights Act of 1965, panelists will Students from Timber Creek High School per- reflect on our history related to voting rights and formed the roles of witnesses and attorneys in discuss the challenges we, as a nation, still face. the video, which will be duplicated and given to On April 16, 2014, the OCBA will participate other Orange County high schools before prom in a United States Citizenship and Immigration season begins. In addition, family members who Service (USCIS) naturalization ceremony, which had lost loved ones because of drinking and driv- coincides with the University of Central Florida’s ing were interviewed, thus providing a sobering Public Service Recognition Month events. The example of the damage one might cause by driv- OCBA has partnered with USCIS on special nating under the influence. uralization ceremonies in honor of Law Week for The OCBA’s award winning Law Week program, many years. Because USCIS ceremonies celebrate which spans three months of activities, recently a formal legal process and Law Week’s theme cel- accepted final submissions for its poster and ebrates one of the most valuable rights that new speech contest for middle and high school stu- U.S. citizens gain – the right to vote – this year’s dents. Submissions were based on the ABA’s Law participation will be particularly meaningful for Week theme, “American Democracy and the Rule the new citizens, UCF students, and all who at- of Law: Why Every Vote Matters.” Winning stu- tend. dents will receive ribbons, their teachers a small Submitted by the OCBA Law Week Committee, Tony monetary gift, and the author of the winning Sos, Esq., and Nikki Rodeman, FRP, co-chairs. theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 17 Legal Aid SocietyWhat We Do...

Modern Day Slavery in Central Florida uman trafficking is modern day slavery that ranks third in the nation for the number of calls takes place everyday in our own backyard. In received by the National Human Trafficking Re- H2000, the Trafficking Victims Protection Act source Center hotline. Florida, and Orlando in made trafficking in persons a federal crime. Un- particular, is a hotspot for human trafficking be- der federal statute, human trafficking is defined as cause of its large immigrant population, tourism, “sex trafficking in which a commercial sex act is and agricultural industries. Orlando has been Camila Pachon Silva, Esq. induced by force, fraud, or coercion, or in which home to several human trafficking cases in the last the person induced to perform the act is under couple of years. For instance, in March 2013, a 18 years of age.”1 Under the same statute, labor human trafficker from Orlando was sentenced to trafficking, another form of human trafficking, life in prison by a federal judge for kidnapping a is defined as “the recruitment, harboring, trans- fifteen-year-old girl in Tampa and forcing her into portation, provision, or obtaining of a person for prostitution on Orange Blossom Trail. labor services, through the use of force, fraud, Some steps have been taken to combat this horri- or coercion for the purpose of subjection to in- ble crime in Florida. On January 1, 2013, the Safe voluntary servitude, peonage, debt bondage, or 2 Harbor Act went into effect. This new legislation slavery.” Florida’s definition of human traffick- is meant to ensure the safety of children victims ing encompasses that of the federal statute and of sex trafficking in Florida. Under the act, chil- broadens it by also defining coercion as causing or 3 dren survivors of sex trafficking should be treated threatening to cause financial harm. as victims rather than being placed in juvenile de- According to the Polaris Project, a non-profit or- linquency. However, these are just the beginning ganization leader in the worldwide fight against steps of a fight against one of the fastest growing human trafficking, it is estimated that every year criminal industries in the world. there are 100,000 children in the sex trade in On April 10, 2013, Central Florida joined this the United States. This number does not include fight with the creation of the Greater Orlando child victims of labor trafficking, nor does it in- Human Trafficking Task Force (GOHTTF). Be- clude adult victims of labor and sex trafficking. fore its inception, several agencies in Central Flor- Therefore, the total number of human traffick- ida were providing some services to survivors of ing victims, for both sex and labor trafficking human trafficking; however, there was no frame- in the United States, significantly surpasses the work in place to assure a continuum of services. hundreds of thousands. It is almost impossible to GOHTTF was created by several stakeholders in have reliable statistics, as victims of human traf- Orlando who believe a more structured frame- ficking, who include documented and undocu- work and established partnerships were needed mented foreign nationals, U.S. citizens, adults, to successfully combat human trafficking and and children, are hesitant to come forward. In empower survivors in the greater Orlando area. many instances, victims are taught by the traffick- The task force was founded by seventeen mem- ers to distrust law enforcement or are afraid of ber organizations, among which are the Florida coming forward because they fear being deported Department of Children and Families; Holland because of their lack of immigration status. It is & Knight, LLP; Florida Abolitionist; The Life- also very rare for a victim of human trafficking to boat Project; Nemours Children Hospital; Or- self-identify as such. As a survival method, many lando Police Department; Metropolitan Bureau trafficking survivors develop strong loyalties with of Investigations; and the Legal Aid Society of the the traffickers and may even attempt to protect Orange County Bar Association, among others. them from law enforcement. This is particularly Today, the task force has more than thirty-five true among victims who are minors. member organizations and is recognized by the The extent of the human trafficking problem in U.S. Department of Health and Human Services the United States became more apparent in July and the Department of Justice. 2013, when the FBI arrested 150 people across 76 GOHTTF was incorporated as a Florida non- cities in the United States in the largest operation profit with the goal of combating human traffick- to date against child sex trafficking. Despite vast ing and empowering survivors through preven- awareness efforts, many are still unaware that hu- tion, protection, prosecution, and partnership in man trafficking does take place in Central Florida. the greater Orlando area. The task force is cur- According to the Department of Justice, Florida continued page 39 PAGE 18 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 Legal Aid SocietyNews

Legal Aid Society Pro Bono Attorneys Prepare Taxes at VITA Site or 20 years, pro bono attorneys have pro- other sites. This year the VITA services are also vided free tax preparation through the Legal offered at Goodwill – now called the Orlando Job FAid Earned Income Tax Clinic Project. Last Connection Center – on East Colonial in Orlan- year more than 260 families were served by the do, each Friday by appointment between 10:00 project. Those taxpayers recovered more than a.m. and 12.30 p.m. Catherine A. Tucker, Esq. $269,000 in refunds. When the project began in The time and commitment of the many attorneys 1993, there were only paper returns. Now the site who volunteer have kept the clinic operating for offers free e-filing of returns through a web-based 20 years. Attorneys who have been with the proj- software. The project uses software and e-filing ect for most of that time include: Trevor Brewer, provided through the Volunteer In- Esq.; Jane Callahan, Esq.; Allen D. Holland, come Tax Assistance (VITA) program Esq.; and Frank Schiavo, Esq. About 14 attorneys of the IRS. Legal Aid participation participate each year. Legal Aid is also fortunate makes it possible for people eligible to get new recruits each year. Many come from for Legal Aid’s services to also get free law schools where VITA clinics were operated. tax preparation services. Barry University has held a VITA clinic on each The major purpose for creating the Saturday during tax season for more than eight project was to ensure that Legal Aid years. FAMU has also offered tax services. clients were aware of the Earned In- Legal Aid is part of a local consortium of pro- come Tax Credit. The credit con- viders and partners who work with the Prosper- tinues and has been expanded. A ity Campaign of Central Florida coordinated by Tonya R. Noldon-Randall, Esq. taxpayer who is between the ages of Heart of Florida United Way. The program pro- 25 and 64, who has earned income duces information and promotional materials to and is within a limited income range between encourage local businesses and other employers $14,439 and $51,000, depending on family size, and the public to use the free preparation servic- may be eligible for the earned income credit. For es. Many local utilities will mail out announce- more detailed information go to www.hfuw.org ments with their bills. or www.irs.gov. A local resident can call 211, the United Way lo- Volunteer attorneys, and other volunteers, are cer- cal helpline, to learn the location and times of a tified by the IRS through an online testing pro- free site through VITA or AARP-TCE. gram and then matched with one of the free preparation programs, VITA, or AARP-TCE. These are To file your own taxes online for free, go to the national programs and operate throughout the Heart of Florida United Way site: www.hfuw.org country and Florida. and click on the links provided, or go to www. myfreetaxes.org. The IRS Free tax preparation is offered at Legal website, www.irs.gov, pro- Aid on Tuesday and Thursday, from 5:00 vides additional helpful in- p.m. to 7:00 p.m. through the first week formation. in April. Services are available for English Richard M.Caron, Esq. and Spanish speakers. Services are offered For more information about on a first-come, first-served basis; no ap- Legal Aid and the project, pointments are given. Only simple returns please contact Cathy Tucker, for households under $55,000 are ac- [email protected] or cepted. A picture ID, social security cards 407-841-8310, ext 3151. for each person listed on the return, copies Catherine A. Tucker, Esq., of W-2(s) and 1099(s), and any other tax Deputy Director / Pro Bono Co- documents, such as child care statements, ordinator at the Legal Aid Soci- ety, has been a member of the student tuition, and other receipts are re- OCBA since 1998. quired. Legal Aid does not prepare returns that would include a Schedule C, sale of Frank Schiavo, Esq. home, or self-employment income. Each year pro bono attorneys and LAS staff have operated the clinic at the Legal Aid office and theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 19 Legal Aid SocietyGAL Teaching Tips

Legislative Advocacy on Behalf of the Legal Aid Society’s Guardian ad Litem Program range County’s Legislative Delegation con- agement advice, and resource identification. The sists of five senators and nine representatives: support staff of legal assistants, referral staff, and OSenators Andy Gardiner, Alan Hays, Kelli file clerks provides invaluable services with assign- Stargel, Darren Soto, and Geraldine F. “Geri” ing, opening, closing, and maintaining the files of Thompson along with Representatives Bruce over 1,100 children who are represented by the Antone, Randolph Bracy, Karen Castor Dentel, more than 350 bar members who serve as their Tom Goodson, Bryan Nelson, Stephen Precourt, GALs. Joe Saunders, Linda Stewart, and Victor Torres. The budget of the Statewide GALP is assigned in This year, the Florida Legislature will convene on the House to the House Justice Appropriations Susan Khoury, Esq. March 4, 2014. Subcommittee and in the Senate to the Senate The Florida Statewide Guardian ad Litem Pro- Appropriations Subcommittee on Criminal and gram (GALP) contracts with the Legal Aid So- Civil Justice. Over the past several years, the State- ciety of the Orange County Bar Association to wide GALP has been fortunate to receive annual operate the GALP in Orange County. The state increases in its budget while many other programs funding received through this contract supports have seen their budgets slashed. It is particularly the 20 Legal Aid Society employees who serve as noteworthy that our own senators, Darren Soto attorneys, case coordinators, and support staff in and Alan Hays, have been steadfast supporters of the GAL department. the GALP for many years. Senator Soto has been This year, Alan Abramowitz, Esq., the executive recognized at Orange County Bar Association director of the Statewide GAL Program, is asking luncheons on several occasions for his legislative the legislature to approve an increase of $6.1 mil- efforts supporting increased funding for the GAL lion dollars to the current budget. Since assuming Program. While Senator Alan Hays represents the helm at the Statewide GALP two years ago, only a small portion of Orange County, he has Mr. Abramowitz has increased funding to the been a huge supporter of the GALP. Legal Aid Society by 45%. Mr. Abramowitz has “Senator Hays has been a champion for the himself served as a GAL for an Orange County Guardian ad Litem Program,” states Alan youth for the past two years. The youth was aging Abramowitz. “He has been there on issues im- out of the foster care system when Mr. Abramow- portant to children and also educating others on itz accepted the appointment and he continued the importance of the work our volunteer child representing him through his 19th birthday. Mr. advocates perform. The program recognized his Abramowitz received support from Legal Aid’s legislative leadership in 2013 for his strong sup- GAL staff along the way so he is personally fa- port of the GAL Program.” Last year, Senator miliar with the good work done by both staff and Hays was instrumental in having a resolution pro bono attorney GALs. On many occasions, he entered by the Florida Senate recognizing April has lauded the efforts of Orange County attor- 4, 2013 as “Guardian ad Litem Day” in Florida. neys for the exemplary representation dependent Although there are no Orange County legislators children receive because of the pro bono efforts of on the House Justice Appropriations Subcommit- bar members. tee, Representative Mike LaRosa, who represents The state funding we receive for the GALP is crit- St. Cloud, is on that subcommittee. ical to Legal Aid’s ability to continue providing From a funding standpoint, the fact that the GAL staff support to pro bono attorney GALs. These services provided to over 22,268 abused, aban- support services include nine staff attorneys with doned, and neglected children statewide are sup- significant experience dealing with matters related plied primarily through volunteers – as opposed not only to Chapter 39, but also with issues af- to paid staff – is of critical importance. For the fecting dependent children who have develop- past two years, the GALP – and in particular, mental disabilities, educational deficits, and men- Orange County’s GALP – has been recognized tal health conditions. Additionally, staff attorneys with Prudential Insurance Company’s Prudential- serve youth with both dependency and delin- Davis Productivity Award for work that enhances quency cases, as well as youth age 13 and older productivity within state government. who are eligible for and receiving independent At a time when the Legal Aid Society has suffered living services. Our staff of five case coordinators routinely assist GALs with home visits, case man- continued page 44 PAGE 20 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 The Orange County Bar Association

April 5, 2014 7 O’Clock in the Evening The Alfond Inn in Winter Park, Florida

2014 Gala Sponsorship Information The OCBA would be honored by your sponsorship of this event and your support of the work of the Legal Aid Society and the OCBA Foundation. The following sponsorship opportunities are available:

Platinum Sponsor - $2,500 Includes 20 tickets to the Gala as well as recognition as a Platinum Sponsor in at the Gala and at the Annual OCBA/Legal Aid Society Installation and Awards Banquet

Gold Sponsor - $1,500 Includes 10 tickets to the Gala as well as recognition as a Gold Sponsor in at the Gala and at the Annual OCBA/Legal Aid Society Installation and Awards Banquet

Silver Sponsor - $700 Includes 4 tickets to the Gala as well as recognition as a Silver Sponsor in at the Gala and at the Annual OCBA/Legal Aid Society Installation and Awards Banquet Bronze Sponsor - $400 Includes 2 tickets to the Gala as well as recognition as a Bronze Sponsor in at the Gala and at the Annual OCBA/Legal Aid Society Installation and Awards Banquet

Sponsorship level ______Amount $______Mail sponsor tickets to:

Name______Firm/Business ______

Address ______City______State ______Zip______

Email ______Phone ______

Please make checks payable to the Orange County Bar Association and mail to OCBA, Attn. Accounting, 880 N. Orange Avenue, Orlando, FL 32801.

For additional information about Gala sponsorship opportunities, please contact Kimberly Webb at 407-647-8911 or [email protected].

Individual tickets are $150. To purchase tickets, please go online to: ocba2014gala.brownpapertickets.com.

All Proceeds to Benefit the Legal Aid Society and The Orange County Bar Foundation theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 21 CARL-halfpageads.pdf 1 2/12/14 7:39 PM

IS PLEASED TO ANNOUNCE THE OPENING OF ITS NEW OFFICE 444 Seabreeze Boulevard, Suite 635, Daytona Beach, Florida 32118 David A. Monaco and John N. Bogdanoff will practice from that location

David A. Monaco John N. Bogdanoff David A. Monaco is an honors graduate John N. Bogdanoff is an honors graduate of the University of Florida Levin College of the University of Florida Levin College of Law. He served as a Circuit Court Judge of Law. He served as a Staff Attorney at from 1997 - 2003 and a District Court the Fifth District Court of Appeal for Judge of the Fifth District Court of Appeal more than 25 years and as a Senior Staff from 2003 - 2011, and was Chief Judge of Attorney during his tenure. the Fifth District from 2009 - 2011.

DAYTONA BEACH • ORLANDO • ST. PETERSBURG • THE VILLAGES www.AppellateLawFirm.com • 352-259-8852

Shareholders Of Counsel ★ ★ Florida Bar Board Certified Appellate Lawyer Shannon McLin Carlyle, B.C.S. Earle W. Peterson, Jr. Gilbert S. Goshorn, Jr. David A. Monaco ★ (1934-2011) Florida Bar Certified Circuit and Appellate Mediator ★ Christopher V. Carlyle, B.C.S. Kelly Lina Rooth Retired Judge, Florida’s Fifth District Court of Appeal ✜ John N. Bogdanoff ✜✜ Julie M. McGoldrick Retired Senior Attorney, Florida’s Fifth District Court of Appeal

PAGE 22 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 The Orange County Bar Association Virtual Office

New at the OCBa CeN ter! ~VOTE~ The Orange County Bar Association Virtual Office JAMIE BLUCHER Now you can meet clients in a professional atmosphere and have the amenities you need right at your fingertips! THE RIGHT CHOICE FOR The office is equipped with an in-house laptop. A Vendor Marketplace is at your OCBA LEGAL AID SOCIETY fingertips with information and tutorials from companies and services such as: WestlawNext Stocked with the things you need in a BOARD OF TRUSTEES Westlaw Transactional Drafting working office, including: Assistant Legal pad, folder, pen, paperclips, bull Westlaw Form Builder clip, sharpie, three-hole punch, stapler, tape dispenser  OCBA YLS PRO BONO FindLaw ...water and coffee! Virtual 317 (phone & AWARD OF EXCELLENCE scheduling service) Add-on amenities for a small charge,  VOLUNTEER GUARDIAN AD LITEM First-time users have including: complimentary 3-day use of Copies, faxes, scans, and notary public 23 CASES & OVER 270 VOLUNTEER HOURS WestlawNext.  CFBLA BOARD MEMBER OCBA Members: $30 per two-hour minimum ($10 per additional hour) Non-members: $50 per two-hour minimum ($15 per additional hour)  YLS COMMITTEE MEMBER  ORANGE COUNTY TEACH-IN VOLUNTEER  OCBA LAW WEEK SUB-COMMITTEE CO-CHAIR  MEMBER OF CFAWL, IWIRC, & BLS OF FLORIDA BAR

[email protected] 407-425-7010 Book your virtual office today! www.zkslawfirm.com ContactCARL-halfpageads.pdf Marie West at 407-422-4551, 2 2/12/14 ext. 233 7:39or [email protected]. PM 880 N. Orange Ave., Orlando, FL 32801

IS PLEASED TO ANNOUNCE THAT JOHN N. BOGDANOFF has joined the firm as a Shareholder John N. Bogdanoff is a graduate of the University of Florida Levin College of Law (with honors). During his more than 25 year career as a senior attorney at Florida’s Fifth District Court of Appeal, he served appellate court judges Frank D. Upchurch, Melvin Orfinger, Joe A. Cowart, Warren H. Cobb, Robert J. Pleus and Richard B. Orfinger. Additionally, he served as the Court’s public information officer and on the State Appellate Court Continuing Education Committee. He represented the Fifth District Court of Appeal at the National Judicial College’s 2003 program on Media and the Courts. Currently he serves on the Daytona State College Legal Studies Advisory Committee and has been an adjunct professor at the college. Mr. Bogdanoff is also accredited with the Department of Veterans Affairs to present and prosecute administrative appeals on behalf of veterans. Mr. Bogdanoff has successfully argued appeals in the Florida district courts of appeal as well as in the United States Court of Appeals for the Eleventh Circuit.

Florida Bar Board Certified Appellate Lawyer 444 Seabreeze Boulevard, Suite 635 DAYTONA BEACH • ORLANDO • ST. PETERSBURG • THE VILLAGES Florida Bar Certified Circuit and Appellate Mediator Daytona Beach, Florida 32118 Retired Judge, Florida’s Fifth District Court of Appeal www.AppellateLawFirm.com Retired Senior Attorney, Florida’s Fifth District Court of Appeal 352-259-8852

theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 23 OCBA January Luncheon January 23, 2014 The Ballroom at Church Street Co-hosted by the Legal Aid Society of the Orange County Bar Association

Lauren McCorvie, Esq. President OCBA Young Lawyers Section

Tony Sos, Esq. Co-chair Law Week Committee

Jeffrey S. Bromme, Esq. Senior Vice President Chief Legal Officer Adventist Health System

Alan Abramowitz, Executive Director, Florida Guardian ad Litem Program, presents the Legal Amy Guy Aid Society with the Davis Productivity Chair Award for Maximized Volunteer Social Committee Resources. Accepting is Mary Anne De Petrillo, Esq., Legal Aid Executive Director.

PAGE 24 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 THE LAW OFFICES OF TAD A. YATES Mr. Yates has practiced in the area TAD A. YATES P.A. of criminal defense for 19 years. He is AV rated by Martindale- Hubbell, We are pleased to announce that we has been selected to Florida Trend’s Legal Elite, and is a Florida Super have relocated our ofﬁ ces to Lawyer. Mr. Yates is the current Chair of the Ninth Circuit Judicial 734 Rugby Street Nominating Commission and a member of the Board of Directors Orlando, Florida 32804 of the Florida Bar Foundation. He is a Past President of the Orange County Bar Association and the OCBA Legal Aid Our telephone numbers and e-mail Society and the immediate Past Chair of the Ninth Circuit Grievance Committee. He is available to handle general addresses will remain the same. criminal defense, criminal appeals, post-conviction matters, and Florida Bar grievance complaints. 407.608.7777 407.608.7778 (facsimile) www.tadyates.com CHRISTINE A. WASULA [email protected] Ms. Wasula has practiced law in Orlando for 15 [email protected] years. She earned her Juris Doctor degree from the University of Florida, where she graduated with high honors and was admitted to the Florida Chapter of the Order of the Coif. Prior to attending law school, Ms. Wasula worked as a legislative assistant for U.S. Senator Bob Graham in Washington, D.C. She is an active member of the Orange County Bar Association and has served as a member of the Young Lawyers Board of Directors. She became Of Counsel in 2013 and is available to handle general criminal defense, criminal appeals, post-conviction matters, and general legal research.

CRIMINAL DEFENSE CRIMINAL APPEALS POSTCONVICTION MATTERS theBriefs March 2014 Vol. 82 No. 32 www.orangecountybar.org PAGE 25 PAGE 26 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 CONTACT US WEBSITE REPRESENTATION OF HEALTH PROFESSIONALS Available to accept referrals, consult or co-counsel on cases involving physicians, nurses, health professionals or health facilities. REFERRAL FEES PAID TO REFERRING ATTORNEYS PURSUANT TO BAR RULES

George F. Indest III, Joanne Kenna, J.D., M.P.A., LL.M. R.N., J.D. • Board Certified by The Florida Bar in Health Law • J.D., Stetson University College of Law • More than 30 years of legal experience • Diploma, St. Anne’s Hospital School of Nursing • LL.M. from George Washington University • R.N., Illinois • Admitted in Florida, Louisiana and D.C. • Attorney licensed in Florida

• Medical Board Cases • Administrative Hearings • Opinion Letters • DOH Investigations • Contracts & Contract Litigation • Disciplinary Hearings • Medical Board Cases • DEA Defense • Medicare/Medicaid Audit Defense • Professional Licensing • Peer Review Defense • HIPAA Defense • Medical Malpractice Defense • Hip Implant Litigation • Commercial Litigation • Nursing Board Cases • Dental Board Cases • Restrictive Covenants

MAIN OFFICE • 1101 DOUGLAS AVENUE • ALTAMONTE SPRINGS, FL 32714 TELEPHONE: (407) 331-6620 • (850) 439-1001 • TELEFAX: (407) 331-3030 BY APPOINTMENT • 37 N. ORANGE AVE., STE. 500 • ORLANDO, FL 32801 BY APPOINTMENT • 201 E. GOVERNMENT STREET • PENSACOLA, FL 32502 BY APPOINTMENT • 155 E. BOARDWALK DRIVE, STE. 424 • FORT COLLINS, CO 80525 www.ThehealThlawFirm.com theBriefs March 2014 Vol. 82 No. 32 www.orangecountybar.org PAGE 27 Stand up and be Elections 2014-2015 Voting for OCBA Officers and Executive Council, the Legal Aid counted! Society Board of Trustees, and the Young Lawyer Section Board OCBA Elections has never been easier! are Underway! We’ve gone online! Check your “Inbox” for email from ocba.election@intelliscaninc. net, our online election service provider. If you don’t see the email, please check your spam folder. Once you receive the email, be sure to open it and find the link to your online ballot. Simply click the link, and enter your OCBA username and password to access your ballot. If you need your OCBA username or password, contact Angie Rivera at angier@ocbanet. org, and she will be happy to assist you. Online voted ballots must be cast by 11:59 p.m., EDT, Monday, March 31, 2014. • OCBA President-Elect, Treasurer, and Secretary (uncontested) • OCBA Executive Council (3 seats) • Legal Aid Society Board of Trustees (2 seats) • Young Lawyers Section At-Large Board Members (5 seats) If you do not have a current, working email address on file with the OCBA, you will receive a paper ballot. All voted paper ballots must be received in the OCBA office, 880 North Orange Avenue, Orlando, FL 32801, by 5:00 p.m., Monday, March 31, 2014. This election is being conducted on behalf of the OCBA by Intelliscan, Inc., an independent election service provider. All voted ballots, whether cast electronically or via paper ballot, will be certified by the Secretary of the OCBA. If you have any questions, please email [email protected], or call 610-935-6176.

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PAGE 28 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 The Florida Board of GovernorsNews continued from page 12

Inclusion of Material Information An advertisement of past results that does not prominently dis- E m E r y H. r o s E n b l u t H J r . close information necessary to prevent the advertisement from Mediation services being misleading violates Rule 4-7.13(a)(2). The following are examples of ads that would be a violation: • Advertising that the lawyer obtained a $1 million judg- | Certified Circuit Court Mediator ment without disclosing that the fees and costs exceeded the | Certified Federal District Court Mediator amount of the judgment or that the court issued a $500,000 remittitur. Experienced | Bankruptcy Court Approved Mediator Diligent | Certified Appellate Mediator • Advertising that the lawyer obtained a $1 million judg- Innovative ment without disclosing that the defendant offered to settle | The Florida Circuit-Civil Mediators Society for $2 million. • Advertising a success at trial without disclosing that the judgment was overturned on appeal. Rosenbluth Law P.A. • Advertising a success percentage without disclosing mate- 1015 Maitland Center Commons Boulevard rial limitations on the types of cases accepted. (e.g., adver- Suite 110, Maitland, FL 32751 tising a percentage of success in traffic ticket cases without 321.263.0300 disclosing that the percentage only includes minor infrac- [email protected] tions by first-time offenders.) www.rosenbluthlaw.com • Advertisement by a criminal defense lawyer that an acquit- tal on one or more charges was obtained without disclosing ConferenCe faCilities available that the client was convicted of other crimes in the same case. Business/Commercial | Construction See The Florida Bar website: https://www.floridabar.org/TFB/TF- Real Estate/Land Use BResources.nsf/Attachments/FB68CB88389B9FC785257C4300 Employment | Bankruptcy 53B5F9/$FILE/guidelines%20past%20results.pdf?OpenElement

theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 29 PresentationSkills for Lawyers Focus on Technology

Destroy Your Relationship… With Technology! ant an easy way to destroy a relationship? It allows you to share a message with hundreds, Easy. Listen only to what the other person thousands, even millions of people at the same time. Wsays, and not how they say it. But that same technology also allows you to com- For example, if you ask how he or she is doing, municate an instantly regrettable (and unfortu- and the answer is, “Fine,” just assume he or she is nately, irretrievable) message to millions of people actually “fine.” across the world, all from the comfort of your phone or laptop. In reality, “Fine” can mean anything from “Every- The innate problem with email. The biggest problem Elliott Wilcox, Esq. thing’s okay,” to “We’re breaking up, you insensi- tive clod.” caused by communicating through email, Twitter, Facebook, text message, and all of the other tech- That’s because words account for only a small por- nological advances you have at your disposal is tion of your communication. The same words, that those critical non-verbal clues are eliminated said in the same order, to the same recipient, can from your message. have completely different meanings depending upon the context. Your body language, facial expressions, pauses, and intonations – all of the elements that ensured Take for example, “I love you.” (And I do… I your message was communicated effectively – are think you’re great!) lost when you flatten your message and reduce it If you whisper “I love you,” to someone in a soft, to conform with the one-dimensional limitations sultry voice, just inches away from his or her ear, the of an email message. words can convey intimacy, romance, and passion. That’s how a comment that ordinarily would be Take those exact same words, delivered to the shrugged off or taken in jest if communicated in exact same person, but scream them at the top person can become the source of a potential law- of your lungs across a crowded courtroom at the suit or the catalyst for termination when commu- conclusion of a contentious divorce case while nicated through Facebook or email. two deputies use physical force to restrain you Obviously, you’re not going to disconnect yourself and carry you out of the courtroom… from technology and insist upon meeting every- Now those words have an entirely different into- one face-to-face for all of your communications, nation. so here are three guidelines to help you improve the effectiveness and persuasiveness of the emails, That’s because most of the meaning in what you say texts, and messages you’ll be sending. isn’t transferred through the words you choose, it’s transferred through how you convey the message. 1. Be specific. The more specific that you are, the greater the chances that your message will be under- When you meet with someone and speak in per- stood correctly. When you say, “Get back to me on son, he doesn’t just hear your words. He also watches this soon,” do you mean you want an answer before your facial expressions and your body language. He the end of the week, before the end of the day, or in listens for changes in pitch, changes in tone, and the next 30 minutes? Don’t leave it up to interpre- pauses (both intentional and unintentional). All of tation. Instead, ask for what you want. The clearer those little non-verbal components add up to create you are, the more likely it is that you’ll get what you the complete picture of what you really mean. want. Before pressing “Send,” remind yourself that Basically, it’s not so much what you’re saying, as your email is missing about 80% of your communi- how you’re saying it. cative power. Re-read the message to make sure that And that’s the biggest problem that you will en- you are as specific as possible and that you have done counter when you move away from face-to-face everything you can to eliminate misunderstanding. conversations and communicate through modern This simple trick will increase the effectiveness and technological means, such as email, text messages, persuasiveness of your emails dramatically. and Facebook messages. 2. Start with your conclusion. Since most people glance Let’s face it, technology is amazing. Email and other at their emails and are reading them on smaller and communication advances make it possible for you smaller screens (recent data shows that more than to communicate instantly with someone on the half of all emails are opened on mobile devices), the opposite side of the world. opportunity for misunderstanding increases simply because they’re inclined to skim and skip through PAGE 30 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 your email, rather than reading the entire message. Rather than asking your readers to invest the time wandering through the development of your idea, get to the point. Start with your conclusion, the action that you would like them to take, and then support it with the rest of the email. That way, if they only glance at your email, they will know what you want, and can respond accordingly. 3. Make it easy to digest. The longer the email, and the longer each individual paragraph, the less likely it is that your reader will read it. Even though you’re brilliant and all of your ideas are spun gold, you’ll still improve your chances of Acer Magazine ad_landscape_3.pdf 1 10/15/13 11:35 AM avoiding misunderstanding if you make it easier for your reader to digest. By simply “chunk- ing” the information into bullet points and smaller paragraphs, you make it easier for the Acer Legal Resources, Inc recipient to read your message, and increaseC the chances that he or she won’t skip over the most Process Serving & Investigations important point of your message. M

Y 407- 895 - 5200 Remember, communicating through email or text robs you of about 80% of your CMcom- www.acerlegal.com municative power. That’s why you shouldn’t MY use it for every type of message. But when ACER Orange, Seminole you do decide to use it, apply these simpleCY 19 years & Osceola techniques to ensure that your messageCMY will serving be not only be received, but understood cor- Central K Nationwide rectly, too. Florida 617 Irvington St. Orlando, Fl 32803 Investigative #A2700002 Elliott Wilcox, Esq. has been an OCBA member since 2001.

theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 31 SpecialFocus on Technology

End of Support for Microsoft Windows XP: What Does that Mean? icrosoft Windows XP was released in Windows XP will continue to run. It will not stop 2001. Windows XP has been Microsoft’s working. You can continue to use it; however, we Mmost successful operating system to date. do not recommend that you do. The increased It is no wonder that there are so many still out security risks from viruses and malware may not there. People like it and they are used to it. As of be worth it. 2013 it was estimated that 40% of all computers Larger businesses could take several months to were still running XP. upgrade their computers because of all of the soft- Microsoft has announced the end of support for ware applications that have to be tested. If you Steve LaPha Windows XP and Office 2003 products on April have not already started your upgrade then you 8, 2014. Microsoft has provided support for this may be running late for getting this completed by product for the past 11 years. It is now time for April 8th. If you have already replaced all of your them to invest their time and effort with newer Windows XP computers and are up-to-date then technologies. congratulations! You have done your job well. End of support means: To learn more, you can Google the following • Microsoft support will no longer be avail- titles as shown: able for these products. Support ends in 2014 for Windows XP and Office • Security updates will stop. Unpatched en- 2003! – Microsoft.com vironments will be vulnerable to security Windows XP end of support: What to do next – risks. ComputerWeekly.com • Support may end from third-party software In addition, please consider contacting your IT and hardware vendors. person for advice on how this change will affect • Security Essentials protection will no longer your business. be available for this product. Submitted by Steve LaPha, MCP, MCSE, Vice President, Dytech Group. Per Microsoft’s Support Lifecycle policy for Win- dows and Office products they will provide a minimum of 5 years of mainstream support and 5 years of extended support. The action that you need to take is to upgrade your operating system to Windows 7 or Windows 8 on computers currently running Windows XP. These newer operating systems are more modern and secure. If your computer hardware is more than 3 years old, then it may not be economical just to upgrade the operating system only. It may be smarter to replace your computer with a new one that comes loaded with the newer operating system; it will be faster and better than your old computer.

PAGE 32 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 YLS on the move

n January 9, 2014, Judge John Marshall tendees were treated to unlimited wine, beer, and Kest presented his firstBrown Bag Lunch appetizers, a silent auction and live entertainment Oof the year entitled “Bench Trials: How to by Phillip Bonanno. The event raised a total of Keep the Judge’s Attention.” Brown Bag Lunches $7,866.30, which will benefit theArnold Palm- are held in the Judicial Conference Room on the er Pediatric Oncology Wing, United Ce- 23rd Floor of the Orange County Courthouse rebral Palsy of Central Florida, The Boys starting at noon and adjourning at 1:15 p.m. and Girls Club of Central Florida, and One Please refer to the OCBA calendar online for Heart for Women & Children. The YLS con- the March Brown Bag Lunch date and topic. tributed $1,500 in matching funds. Raffle items While not required, an RSVP to Judge Kest’s Ju- included a flat screen TV, Orlando Magic tickets, dicial Assistant, Diane Iacone, (407-836-0443 or vacations to Cancun, Mexico, and more. Thank [email protected]) would assist in assuring suf- you to YLS event chair, Charity Johnson, Esq., ficient copies of the outlines. Chairs and bottled and all involved! water will be available. Please feel free to bring Evening with the Judiciary will be held on lunch and eat while you learn. March 4, 2014, from 5:30 p.m. - 8:30 p.m., at TheYLS January Luncheon was held on Janu- the Orlando Museum of Art, 2416 Mills Ave., Jill D. Simon, Esq. ary 17, 2014. The YLS welcomed guest speaker Orlando, FL 32803. If you missed February’s Chris Akers of Atticus. Atticus provides in- deadline for making reservations, attorneys, law depth, ongoing support and accountability pro- students, and all guests may purchase tickets at grams for lawyers and law firms. Chris advised the door for $40. Judges (only) may attend at no attendees on how to gain more referrals, better charge. paying clients, less stress and increased revenues. The March YLS Luncheon will take place on As always, the YLS would like to thank its lun- March 21, 2014, at the Citrus Club from 11:30 BMO Harris Bank Cross, cheon sponsors: ; a.m. to 1:00 p.m. Casual attire is perfectly appro- Fernandez & Riley LLP Florida Lawyers ; priate. For a three-course meal, the cost is only Mutual Insurance ProServe USA Ray- ; ; $10 for all young lawyers and for judges. Please mond James Ricoh Legal Smith Group ; ; RSVP to [email protected] no later than Investigative Services US Legal ; ; and March 19, 2014. When you RSVP, please pro- Westlaw . vide a practice area or hobby to be included on On January 28, 2014, the YLS partnered with your nametag. A late charge of $4 will be added the Hispanic Bar Association of Central Florida for all RSVPs made after the deadline. YLS is (HBACF), the Central Florida Association for charged for anyone who RSVPs, so show up if Women Lawyers (CFAWL), and the Greater Or- you RSVP, or let us know if you cannot make it. lando Asian American Bar Association (GOAA- We look forward to seeing you at the luncheon! BA) to present the 5th Annual “Holidays All Jill D. Simon, Esq., Lowndes, Drosdick, Doster, Kantor & Year Long” Bar Mixer Fundraiser at Kasa Reed, P.A., has been a member of the OCBA since 2009. Tapas & Raw Bar. One-hundred and six at-

Inside the Courts Inside the Courts is a free four-week • “What is a domestic violence injunction?” The 2014 program will be held on four consecutive Tuesday evenings from 6:30 p.m. to 8:30 class that gives you a behind-the- • “How many people are on death row in scenes look at the court system. Florida?” p.m. The free four-week class that will give you In addition to providing the public with an a behind-the-scenes look at the court system up-close examination of the workings of the Inside the Courts is taught by a team of more will be offered on the following dates: judicial branch, the program also addresses than one dozen judges. Participants will gain a greater understanding of the court system April 8th, April 15th, April 22nd, some of the more frequently asked questions, and April 29th. Please mark your such as: and the importance of the judicial process. Participants who complete the four-part calendars. • “What do judges consider when imposing program will receive certificates recognizing Register online at: www.ninthcircuit.org/ sentences?” that achievement. programs-services/inside-the-courts/ • “What happens to juveniles who break Inside the Courts is held annually each winter in the law?” the Jury Assembly Room on the first floor of the • “Are all individuals who are charged with a Orange County Courthouse, 425 North Orange crime eligible for bail?” Avenue, in downtown Orlando. It is available to the general public and there is NO CHARGE to attend. theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 33 Hearsay...

n my shameless plug of the month, I would in the case. After the verdict was announced, the like to congratulate our very own Tad Yates, attorneys answered questions from the students IEsq., past OCBA president and all around about the practice of law. Thank you to all of good guy, on his move to a new location, effec- these attorneys (and to Jamie especially) for vol- tive February 1, 2014. Tad was evicted by his unteering their time and helping our educational former landlord for being messy and noisy (just community. kidding, he is not messy at all), but he has turned In our continuing coverage of Mayanne Downs, lemons into lemonade by finding a new location Esq., a shareholder at GrayRobinson, she has in College Park that has even more room for his been appointed as chair of GrayRobinson’s liti- Gator knick-knacks (just kidding, he hates knick- gation department. In this role, she will lead the knacks). Keep an eye out for your invitation to his firm’s largest practice group and guide its more upcoming open house, which hasn’t been sched- than 150 members across the state. Downs has uled yet, but hopefully will occur before he is been an influential member of the Central Florida forced to move again. Congratulations Tad (and business community for more than 35 years and to myself, because I now have a bigger office)! Christine A. Wasula, Esq. has practiced law for more than 25 years. Her In other (less self-serving) news, Camila Pa- practice areas include commercial litigation, ap- chon, Esq., a staff attorney with the OCBA Le- pellate law, and high-stakes domestic matters. gal Aid Society, has been named as one of the Downs also has served as the City Attorney of Or- top 25 Influential Hispanics in Central Florida by lando since 2007, overseeing 25 lawyers and pro- the Hispanic Chamber of Commerce of Metro viding counsel to the mayor and city commission. Orlando. Camila is an immigration attorney and In other GrayRobinson news, Jeffrey D. has been very active in the Hispanic Community Keiner, Esq., a shareholder in the firm’s Orlando on issues relating to immigration and on traffick- office, has been selected to serve on the Adventist ing/enslavement issues. She will be featured in University of Health Sciences Foundation Board. the 17th edition of Vision Magazine, which is the Adventist University of Health Sciences, which Hispanic Chamber’s quarterly publication, and is located on the Florida Hospital campus near she was selected by the magazine’s editorial board downtown Orlando, is an important component based on her professional contributions, accom- of Adventist Health System and specializes in al- plishments, and demonstrated leadership. lied health and nursing education. “We all have Attorney Jamie M. Blucher, Esq., with the to live in the world we create for ourselves, and law firm of Zimmerman Kiser Sutcliffe, re- Adventist University of Health Sciences is mak- cently received a Young Lawyer Pro Bono Award ing the world a better place,” said Keiner. (On a of Excellence from the Young Lawyers Section of more personal note, I recently visited the Florida the OCBA, presented by YLS president Lauren Hospital campus when my daughter swallowed a Heatwole McCorvie, Esq. Jamie also recently penny and it became lodged in her throat. The organized a mock-trial for students at Carver doctors there did a great job of removing it, and Middle School, as part of the Orange County they are clearly leading the field in pediatric coin Public School system’s annual Teach-In Day. She removal). assembled a group of attorneys to work with the Kevin Shaughnessy, Esq., a partner in the students to present the mock trial of B.B. Wolf Orlando office ofBakerHostetler , has been vs. Curly Pig. The legal professionals volunteer- recognized in the International Who’s Who of ing their time included: Alvin Benton, Esq., Holland & Knight; Wilbert Vancol, Esq., Management Labor and Employment 2013 as a McEwan, Martinez & Dukes, P.A.; Jennifer world-leading lawyer in this field, based on ex- Morando, Esq., The Rosenthal Law Firm; tensive research and peer and client recommenda- Leigh Ann Miller, Esq., Brownstone, P.A.; tions. Shaughnessy is a class action litigator who and Amy Jellicorse, Esq., also of Zimmer- provides high-level consultation to employers on man, Kiser Sutcliffe, P.A. sensitive internal matters and corporate compliance issues. He is also Board Certified in Labor The students acted as jurors for the case, listening and Employment Law by The Florida Bar. intently as both B.B. Wolf and Curly Pig present- Wayne L. Helsby, Esq. ed evidence through their counsel. The students , a partner with the la- Allen, Nor- then retired to their “deliberation room” where bor and employment law firm of ton & Blue, P.A. they discussed the case and their respective posi- , and a past president of the tions on a verdict. The students had thoughtful OCBA, has been appointed to a two-year term insight on which party should prevail based upon (2014 to 2016) on the Florida Bar Board of Gov- the evidence presented. The students elected a ernors, representing the Ninth Judicial Circuit. jury foreman who presented the students’ verdict The 52-member Board of Governors is made up of the president and president-elect of The Flor- PAGE 34 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 ida Bar, the president and president-elect of “Best Law Firms.” The practice areas That concludes this month’s presentation. of the Young Lawyers Division, individuals recognized in the firm’s Orlando office in- As always, if you have any exciting news elected by bar members from each of the clude: Commercial Litigation, Construc- about yourself or your fellow OCBA mem- 20 state judicial circuits, four out-of-state tion Law, Litigation - Patent, Litigation - bers, please feel free to send them to our representatives, and two public members Real Estate, Mergers & Acquisitions Law, communications manager, Peggy Storch, appointed by the Florida Supreme Court. Public Finance Law, Real Estate Law, and at [email protected], or to me at chris@ The Board of Governors has exclusive au- Tax Law. Nationally, this marks the third tadyates.com. Or feel free to stop and see thority to formulate and adopt matters consecutive year that Greenberg Traurig me in person at our new and improved of- of policy concerning the activities of the received the most overall first-tier rank- fices in College Park. See you next month! bar, subject to limitations imposed by the ings and the most first-tier metropolitan Christine A. Wasula, Esq., Law Offices of Tad Rules Regulating The Florida Bar. All board rankings. Greenberg Traurig also received Yates, P.A., has been a member of the OCBA members serve without pay. the “Law Firm of the Year” designation for since 2003. And last but not least, the Orlando office its Government Law and Policy and Real of Greenberg Traurig LLP received Estate Litigation practice groups as a result first-tier rankings in eight practice areas in of an impressive overall performance in the the U.S. News-Best Lawyers 2014 edition evaluation process.

TechnologyMaking Sense of E-Discovery – Part 1 FRCP 37 allows judges to impose sanctions for discovery abus- continued from page 13 es, but includes a safe harbor for ESI that is no longer available identify what data they had when employed, as well as anything through no fault of your own. they may have downloaded and taken with them. FRCP 45 protects non-parties from some of the costs and burdens 4. Outline the plan. You need to think about three things: what ESI of e-discovery similar to the rules governing parties. your client has, what issues are relevant to the lawsuit, and what FRE 502 protects attorney-client privileged communications and your obligations are under the Federal Rules of Civil Procedure, excuses inadvertent disclosures if you took reasonable steps to pre- the Federal Rules of Evidence, and state law. vent the error and quickly attempted to remedy it. You may want Generally speaking, FRCP 16 requires you to know how to pro- to enter into a “clawback agreement” from the outset to give more duce ESI so that agreements can be made for scheduling orders. reliability than Rule 502 which hinges on reasonableness and in- advertence. FRCP 26 requires discovery to be proportional to “the needs of the case” as measured by a cost-benefit analysis. It limits discovery of FRE 901 requires that evidence be authenticated to verify that it ESI from sources that are “not reasonably accessible,” but of course is what it claims to be, and metadata can be used in that respect your client cannot deliberately make its data “not reasonably acces- for ESI. These federal rules have generally been incorporated into sible.” It also tightens the definition of relevancy to the claims and Florida Rules of Civil Procedure 1.200, 1.201, 1.280, 1.340, 1.350, defenses at issue and not simply to anything that “appears reason- 1.380, and 1.410, although there is no state “meet and confer” re- ably calculated to lead to” the discovery of admissible evidence. quirement. In reviewing these rules and outlining your discovery plan, you should name the custodians and ESI sources, noting what FRCP 33 specifically allows the production of ESI in response to you believe would be unduly burdensome, not reasonably acces- interrogatories, and FRCP 34 explains how ESI should be produced sible, or otherwise limited by the proportionality rules. in response to a document request. Often the requested form is na- David P. Hathaway, Esq., Dean, Mead, Egerton, et al., has been a member tive file because those files tend to reveal the most, and you might of the OCBA since 2002. not have the software necessary to view ESI in other forms.

Lilburn R. Railey III Mediation Services 30 Years Experience + Contract Disputes As Civil Trial Lawyer Circuit-Civil Mediator + Construction FL Supreme Court + Commercial | Business Qualied Arbitrator National Academy of + Architects | Engineers Distinguished Neutrals Professional Liability Railey Harding + Allen | PA 15 North Eola Drive | Orlando FL 32801 | 407.648.9119 schedule via: [email protected] or raileyharding.com/mediation theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 35 Rainmaking

What Drives Our Decisions – Reason or Emotion? Part 1 uccess in business and in life often requires still have 100% of his or her rational, cognitive getting “Yes” decisions from others. The most brain functions, but still be totally incapable of Ssuccessful people get things done with and making even the simplest decision. through other people. They always have and they So, how do these triggers for our internal naviga- always will. Many of the best lawyers we know tion system work? A trigger is a decision shortcut also happen to be the most persuasive people we that our brain uses to avoid the time-consuming know. They are the ones who build law firms, and laborious effort required for analytical evalu- Michael Hammond, Esq. grow client bases, increase their referral sources, ation. Think about it – our human need for deci- convert prospects into clients and convince juries sion making never stops; our brain is bombarded to see their view of the case. The world’s best at- every day with literally thousands of decision torneys have at least one thing in common: the requests – some simple, others complex, a few ability to persuade. Persuasion is critical to many significant, many trivial. If we had to analytically areas in a legal career. Your success as an attorney evaluate each decision we’re confronted with ev- often hinges on your power to persuade. ery day, we’d be overwhelmed and probably go Aristotle Was Wrong insane in short order. Our triggers help us make Aristotle was so fascinated by the power of per- quick, automatic decisions in an efficient and ef- suasion that he wrote three volumes on the sub- fective way based upon our own unique database ject, surmising that logic, reason, and cognitive of accumulated personal experiences. thought were always the best ways to persuade The Seven Triggers others. He believed it was a human failing to al- Author Russell Granger in his book, The Seven low ourselves to be persuaded by emotion. Scien- Triggers to Yes, makes the case that instead of using tists, psychologists, and researchers have followed the old, logical Aristotelian approach, we should the Aristotle line for 2,500 years – until we dis- instead tap into these emotional triggers when at- covered he was wrong. tempting to persuade others. He goes on to say Dramatic developments in neuroscience in the that in order to benefit from the triggers, we first last decade have provided startling insights into must activate them. “Remember that the triggers how the brain really works. We can now see, in lie within the other person. We evaluate each of real time, how blood, oxygen, and neurons flow, the 7 triggers, then determine which triggers are activating various parts of the brain. We can actu- most likely to activate the other person’s decision ally watch the various components of the human process,” Granger says. brain light up as they are activated. By introduc- His book provides a chapter for each of the seven ing a decision request we can watch the brain’s de- essential triggers, which include: The Friendship cision making process at work. Logic and reason Trigger, The Authority Trigger, The Consistency have their place, but just not the place we always Trigger, The Reciprocity Trigger, The Contrast thought. Trigger, The Reason Why Trigger and The Hope In fact, emotions rule our decision-making. From Trigger. Let’s take a look at the first two triggers. birth we each build an emotional database of past The first, friendship, is an important one for at- experiences and actions. As we mature, we cre- torneys. Many attorneys do not take the time to ate our own internal navigation system from this initiate a friendship – or activate the Friendship emotional database of human experiences. This Trigger – when cultivating a new client or refer- individual navigation system for our lives triggers ral source. immediate, automatic decisions that are right for us based upon our accumulated experience. Granger explains that the Friendship Trigger is a cue that was built into our emotional system at The Amygdala Rules birth. “We bond with and trust those who care The brain’s emotional trigger point is a small, for us. We are more easily persuaded by those almond-shaped component called the amygdala. we believe to be like us. To activate the Friend- The emotion-based request for a decision triggers ship Trigger, we need to find common interests. a subconscious emotional memory from our da- Friendship generates trust and trust activates a tabase, and we get a quick, automatic “gut feel- powerful internal trigger.” Not surprisingly, the ing” for the right way to go – the right decision Friendship Trigger makes it easier to activate ev to make. The amygdala is so central to decision ery other trigger. making that if it is damaged, a human being can PAGE 36 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 When meeting with clients for the first Feeling Machines That Think are not thinking machines; we are feeling time, it’s important to activate the Au- In the next article, we will explain the re- machines that think.” thority Trigger. When clients have com- maining five triggers to “Yes” outlined in Michael Hammond, Esq., is a “founding father” plex issues to resolve, they need to believe Russell Granger’s book. The important of Atticus and is a Certified Practice Advisor. A that their attorney has the necessary legal point for attorneys to remember is that licensed attorney since 1983, he has spent his entire career either practicing law or supporting knowledge and experience to solve their most people do not act on logic and rea- and promoting the practice of law. Michael has problem. Everything the attorney says and son. We make emotional decisions and a depth of experience in lawyer marketing, one- does will either add to or subtract from this then justify them with reason and logic. on-one business coaching, and strategic plan- initial impression. Believe it or not, basic This is why persuasion techniques that ning. He is currently a featured writer for Lawyers, visual cues like diplomas or certificates on stimulate the amygdala – making a case USA and a number of other publications. To learn more about the work that Atticus does with at- the wall can help to activate this trigger. for a decision that is emotionally appealing torneys or the Atticus Rainmakers™ program, Though maligned by some as “ego walls,” rather than congested with data and rea- please visit www.atticusonline.com or call 352- diplomas, awards, and plaques on display son – can win people over faster and more 383-0490 or 888-644-0022. underscore the attorney’s education and easily. When it comes to persuading oth- expertise, which helps trigger the belief ers, using logic is like taking the long way that they are an authority in their field. around the block. Activating both the Friendship and Au- In the words of Dr. Richard thority triggers at the same time generates Restak, neuropsychologist a powerful first impression, which, in turn, and author of the book and can lead to a higher number of potential five-part PBS series entitled clients being persuaded to become paying The Life of the Brain: “We clients much more quickly.

Judicial RelationsCommittee continued from page 11 be taking family medical leave un- Judge Lauten reported that the til June 1. Ms. Drane-Burdick also court is working to make jury ser- noted that the office was diligently vice more convenient and plans to working to go paperless within the install kiosks that will be dedicat- next two to three years. ed to validating parking, printing The Judicial Relations Committee off work excuses, and may even also heard from OCBA president automatically print the jurors’ pay Paul Scheck, Young Lawyers Section checks. president Lauren McCorvie, OCBA Judge Lauten also said that there Foundation president Tom Zehnder, is a bill pending in the House of the OCBA Family Law Committee, Representatives to attempt to and the Central Florida Association change exclusions to the hearsay for Women Lawyers, all of whom re- rule. If passed, the bill would al- ported on upcoming events. low the admission of all prior in- At the close of the meeting, Judge consistent statements as substan- Lauten reported that many jurors tive evidence. complain of the financial burden of The Judicial Relations Committee serving on juries, and he suggested to is a mutually beneficial forum for the attorneys present that they speak the exchange of information be- with their business clients about the tween members of the bench and importance of fostering civic partici- bar. pation by paying employees who are Richard S. Dellinger, Esq., Lowndes, called to jury duty. Judge Lauten also Drosdick, Doster, Kantor & Reed, P.A., encouraged the attorneys and the bar has been a member of the OCBA since to incorporate this message into the 2000. Eric C. Reed, Esq., Shutts & Bowen, LLP, has been a member of the bar’s Leadership Law and other edu- OCBA since 2000. cational programs. Statistics were presented on the rates of return for jury summonses, responses to those summonses, and action taken by the court to enforce the summonses.

theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 37 New Members Regular Ted B. EDWARDS, JR. Alyson M. INNES Marlon A. ONAIS Wicker, Smith, O’Hara, Conroy, Simberg, Ganon, Onias Law, P.L. Nusrat AZIZ McCoy & Ford, P.A. Krevans, Abel, Lurvey, Morrow 51 E. Jefferson St., #2489 The Ticktin Law Group 390 N. Orange Ave. & Schefer, P.A. Orlando, FL 32802 1800 Pembrook Commons Dr. Orlando, FL 32804 200 S. Orange Ave., Ste. 300 407-715-3295 Ste. 300 407-843-3939 Orlando, FL 32801 Orlando, FL 32810 407-481-5528 James J. PARTLOW 407-749-0303 John D. ELLIS Gray, Gorenflo & Partlow, P.A. John D. Ellis Jr., P.A. Mychal J KATZ 901 E. 2nd St. Steven B. BURRES 2295 S. Hiawasse Rd. Roetzel & Andress Sanford, FL 32771 Rotech Healthcare Inc. Ste. 317 420 S. Orange Avenue 407-324-0778 2600 Technology Dr. Orlando, FL 32838 7th Floor Ste. 300 407-246-1441 Orlando, Fl 32801 Jacqueline A. RICE Orlando, FL 32804 407-896-2224 1622 Sorento Cir. 407-822-4600 Amy D. ENVALL Melbourne, FL 32904 Orange County School Board Steven M. KATZMAN 321-543-5894 Rinaldo J. CARTAYA III 445 W. Amelia St. Katzman, Wasserman, Kubicki Draper Orlando, FL 32801 Bennardini & Rubinstein, P.A. Monica ROBERTSON 201 S. Orange Ave., Ste. 475 407-317-3411 7900 Glades Rd. UDOKWU Orlando, FL 32801 Ste. 140 Monica Robertson-Udokwu, PLLC 407-245-3630 Jordon V. FOSKY Boca Raton, FL 33434 7380 W. Sand Lake Rd., Ste. 500 Morris and Hancock, P.A. 561-477-7774 Orlando, FL 32819 Sean M. CLAYTON 2014 E. Robinson St. 407-619-9656 4900 SW 46th Ct. Orlando, FL 32803 Eric P. LARUE II Apt. 1906 407-894-0853 Saydah Law Firm Erin D. SPARKS Ocala, FL 34474 2572 West S.R. 426 Cole, Scott & Kissane, P.A. Patricia M. GIBSON Ste. 2032 1900 Summit Tower Blvd. LeRoy COSTNER 104 Seville Court South Oviedo, FL 32765 Ste. 750 Costner Law Firm Plant City, FL 33566 407-956-1080 Orlando, FL 32810 509 W. Colonial Dr. 407-342-6552 321-972-0000 Orlando, FL 32804 Aaron E. LEVITON 407-205-2929 Abby J. GOLDMAN Law Offices of Aaron E. Leviton Andreas J. STUDY Roberts, Reynolds, Bedard 8550 Commodity Cir. 2102 Arbor Park Dr. Stephen C. COX & Tuzzio, PLLC Ste.100 Winter Park, FL 32789 The Ticktin Law Group 7501 Wiles Rd. Orlando, FL 32819 1800 Pembrook Dr., Ste. 300 Coral Springs, FL 33067 407-926-7282 Gerard A. TUZZIO Orlando, FL 32810 954-656-8388 Roberts, Reynolds, Bedard & 407-749-0303 Robin M. LUCAS Tuzzio, PLLC Jaime T. HALSCOTT Wicker, Smith, O’Hara, 7501 Wiles Rd., Ste. 201 Jennifer G. CRODDOCK Halscott Associates, P.A. McCoy & Ford Coral Springs, FL 33067 Gregory S. Martin & 33 E. Robinson St. 390 N. Orange Ave. 954-656-8388 Associates, P.A. Ste. 210 Orlando, FL 32801 555 Winderley Pl., Ste. 415 Orlando, FL 32801 407-843-3939 Kevin W. WIMBERLY Maitland, FL 32751 407-255-2164 Beusse Wolter Sanks Mora 407-660-4488 Daniel O. MCLEOD 390 N. Orange Ave., Ste. 2500 Calvin F. HARDING, Jr. Wicker, Smith, O’Hara, Orlando, FL 32801 Kristopher M. CRUZADA Gregory S. Martin & McCoy & Ford, P.A. 407-926-7713 Law Office of Kristopher M. Associates, P.A. 390 N. Orange Ave. Cruzada, P.A. 555 Winderley Pl. Orlando, FL 32801 Shantel S. WOODARD 1605 Tuskawilla Rd. Ste. 415 407-843-3939 PeytonBolin, P.L. Oviedo, FL 32765 Maitland, FL 32751 3505 Lake Lynda Dr., Ste. 200 407-671-7334 407-660-4488 Candice T. Orlando, FL 32817 MONTGOMERY 407-487-3040 Jan K. DURRANI Mark W. HERNANDEZ Benjamin Law Firm, P.A. Wicker, Smith, O’Hara, 1471 Riviera Dr. 200 E. Robinson St., Ste.1150 Jason A. ZIMMERMAN McCoy & Ford, P.A. Kissimmee, FL 34744 Orlando, FL 32801 GrayRobinson, P.A. 390 N. Orange Ave. 407-492-8956 407-228-0337 301 E. Pine St., Ste. 1400 Orlando, FL 32801 Orlando, FL 32801 407-317-2154 407-843-8880 PAGE 38 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 Associate Alfred LOPEZ Law Student Ryan J. VATALARO Florida Virtual School 2625 Lynwood Pl. William D. BONEZZI Norbert GILBERT 2145 Metrocenter Blvd. Merritt Island, FL 32953 Bonezzi Switzer Polito Ste. 200 3213 Heirloom Rose Pl. 321-432-0207 Hupp Co., L.P.A. Orlando, FL 32835 Oviedo, FL 32766 100 2nd Ave. S, Ste. 502-S 407-687-8070 Jeffrey VIZCAINO 407-513-3692 Cynthia Conlin, P.A. St. Petersburg, FL 33701 Phillip G KELLEY 727-826-0909 Dainya OLSEN 1643 Hillcrest St. Riesdorph Reporting Group 8700 Southside Blvd. Orlando, FL 32803 Katie SIROUNIS 111 N. Orange Ave., Ste. 715 Apt. 411 Hale, Hale & Jacobson, P.A. Orlando, FL 32801 Jacksonville, FL 32256 Paralegal Student 545 Delaney Ave., Ste. 7 407-282-4067 Colby ROOF George OLIVER Orlando, FL 32801 720 SW 34th St., #E39 407-425-4640 Jossie I. ROMAN 2020 Applegate Dr. Southern Trial Counsel, PLC Gainesville, FL 32607 Ocoee, FL 34761 407-492-5434 Affiliate 205 S. Eola Dr. Kari L. SIRACUSA Ryah A. SILVESTRI Dawn E. BONEZZI Orlando, FL 32801 2155 Laredo Dr. Bonezzi Switzer Polito 407-422-6100 4345 Indian Deer Rd. Deltona, FL 32738 Hupp Co. L.P.A. Jillian L. SHEPHERD Windermere, FL 34786 386-789-5885 100 2nd Ave. S., Ste. 502-S Florida Virtual School 407-963-8345 St. Petersburg, FL 33701 2145 Metrocenter Blvd., Ste. 200 Janelle SQUIRE 727-826-0909 Orlando, Fl 32835 5649 Royal Pine Blvd. 407-513-3550 Orlando, FL 32807

LASWhat We Do... for the Eighteenth Judicial Circuit. The been selected as one of the 25 Most Influ- continued from page 18 task force also held the Human Traffick- ential Hispanics in Central Florida by the ing Awareness Day at Lake Eola in Janu- Hispanic Chamber of Commerce of Metro rently working on establishing a seamless ary of this year, during which thousands of Orlando. continuum of services for potential and Central Florida citizens were educated on identified human trafficking victims across If you have any questions pertaining to the human trafficking. Through GOHTTF, the full range of social, medical, and legal Greater Orlando Human Trafficking Task Central Florida has now joined the fight needs consistent with best practices in the Force, please feel free to contact Camila at against what that has become the civil and human trafficking field. To accomplish this [email protected]. human rights issue of our generation. goal the task force is divided into seventeen Camila Pachon Silva, Esq., Legal Aid Society subcommittees led by chairs and co-chairs Camila provides free legal services in im- immigration attorney, has been a member of who are leaders within their fields of exper- migration matters to low-income residents the OCBA since 2011. tise. Among the committees are the aware- in Orange and the eleven surrounding ness, legal, and victim services. counties. She has been chosen to receive 118 U.S.C. §1591 the 2014 Polaris Star Legal Award for her 218 U.S.C. §1589 Since its inception GOHTTF has already contribution this past year to fight human 3Fla. Statute 787.06 (2013) held several trainings in the community in- trafficking in our community and has been cluding training on human trafficking for active in the Hispanic community with is- the immigration judges of the Department sues related to human trafficking. She has of Justice and the State Attorney’s Office

◆ Florida Supreme Court Certi ed Circuit Mediator ◆ Florida Supreme Court Certi ed Appellate Mediator ◆ Florida Supreme Court Certi ed Family Mediator ◆ Certi ed Federal Court Mediator – Middle District ◆ Patient – Perceptive – Prepared

theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 39 SideBar our local voluntary bar associations have come the Year of the Horse, Asia Trend magazine, been doing great things! Read on to find out Mills50 - Orlando Mainstreet District, REACH Ywhat’s happened and what’s happening, and of Central Florida, and Y.E.S.S. co-hosted anoth- get involved! er celebration featuring cultural performances, delicious Asian food, and unique Asian arts and CFAWL crafts. The festival started at 11:00 a.m. with a Dark Chocolate! White Chocolate! Milk Choc- community parade followed by a fair which took olate! We all love Chocolate! On Tuesday, No- place in the parking lot of Colonial Photo & vember 19, 2013, TheCentral Florida As- Hobby. Thank you to all who joined us! sociation for Women Lawyers (CFAWL) members spent an evening making an entire On February 22, 2014, GOAABA went to the Sunny Lim Hillary, Esq. pound of delicious chocolate creations and treats. Ronald McDonald House to prepare a delicious The annual event was a sell-out at Farris & Fos- meal for its residents. The Ronald McDonald ter’s Baldwin Park location. CFAWL Members House provides a home away from home for fami- sipped on wine, dined on cheese, and nibbled on lies with children receiving treatment at hospitals the chocolate throughout the evening. CFAWL and medical facilities in Orlando. Before the open- always enjoys hosting this event. ing of the Ronald McDonald House, parents were sleeping in their cars or in chairs in the waiting CFAWL has definitely started 2014 off with a room, eating out of vending machines, or bear- BANG! On January 18, 2014, members attended ing the expense of impersonal hotel rooms. Special a Skeet Shooting event and had a blast (pun thanks to community service chair, Denise Kim, intended). The day was filled with adventure and Esq. for organizing this event. a lot of laughter. The sporting clay did not stand a Karaoke chance against the likes of CFAWL and its sharp We are in the process of planning a speed networking shooters. evening and a event! For more information, please contact social chair, Lisa Following Skeet Shooting, CFAWL switched Gong Guerrero, Esq. at LGongGuerrero@sao9. out its guns and ammunition for some workout org. pants and hot music. On January 21, 2014, the ladies of CFAWL attended a Zumba class at the We are always welcoming new members and Wadeview Community Center. They danced their sponsors! To join our email list, or see how you way through the high energy class and bonded can get involved with GOAABA, please email over post-workout refreshments. [email protected]. HBACF After all that excitement, CFAWL took a relaxing cruise with a mid-morning Scenic Boat Tour The Hispanic National Bar Association’s leader- Hispanic Bar Associa- in Winter Park on February 8, 2014. Members ship has selected the tion of Central Florida and their guests enjoyed champagne, beautiful (HBACF) to co-host Corporate Counsel Conference scenery, and the company of each other on the the 2014 . March 19-21, lazy Saturday morning. The conference will take place 2014 at the Orlando Marriott World Center. GOAABA Early-bird registration is now open at http:// Thank you to social chair,Lisa Gong Guer- www.hnba.com/2014-corporate-counsel-con- rero, Esq. and membership chair, Christine ference-moot-court-competition/. The HBACF Berk, Esq. for helping to organize a hugely suc- will be asked to fulfill many tasks in preparing cessful Holidays All Year Long fundraiser at for the conference and is seeking volunteers who Kasa Tapas & Raw Bar. On January 28, 2014, would be interested in creating a task force. Task the Greater Orlando Asian American Bar force members would be asked to assist with one- Association (GOAABA) joined forces with the off tasks such as follow-up telephone calls, email Young Lawyers Section of the Orange County communications, compiling lists of local attrac- Bar Association, the Central Florida Association tions, etc. If interested, please contact Kimberly for Women Lawyers, and the Hispanic Bar As- Lopez, Esq. at [email protected]. socation of Central Florida to help the local community. Together, we raised over $7,800 for the SideBar is for you! If you have information about children of Arnold Palmer Children’s Hospital upcoming events, past activities, or photos, please Oncology Wing, the United Cerebral Palsy of be sure to send them to me at sunny@hillarylaw. com. Central Florida, the Boys & Girls Club, and One Heart for Women & Children. Way to go! Sunny Lim Hillary, Esq., Hillary, P.A., has been a member of the OCBA since 2005. On February 9, 2014, GOAABA co-sponsored the Central Florida Dragon Parade, the only large-scale celebration for Lunar New Year (January 31, 2014) in the state of Florida. To wel-

PAGE 40 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 CFAWL Chocolate Making Party November 19, 2013 Farris & Fosters Chocolate Factory

Jessica McGinnis, Esq. Courtney Elam, Esq.

Deziree Elliot, Esq.; Jessica McGinnis, Esq.; Merline Delva, Esq.; Laura Arango, Esq.

CFAWL Skeet Shooting Event January 18, 2014

GOAABA Holidays All Year HAYL committee members, Bill Tonelli, Esq. Long (HAYL) Fundraiser and Erik Arroyo. January 28, 2014 Kasa Tapas & Raw Bar (L to R) OCBA YLS president, Lauren McCorvie, Esq., and HAYL committee members, Charity Johnson, Esq.; Christine Berk, Esq.; Fay Pappas, Esq.; Lisa Gong Guerrero, Esq.

Drawing a winner for a gift certificate to Kasa Tapas & Raw Bar. (L to R) OCBA YLS members, Jeneva LiRosi, Esq.; Brittany Capps, Esq.; Michael Barber, Esq.; Leah Glisson, Esq.; Bhavik Patel, Esq. HAYL committee member, Lisa Gong Guerrero, Esq., with sponsors, Dee Carlson GOAABA PHOTOS: Asia Trend magazine and Ken Countess. theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 41 ATTORNEY AT LAW

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PAGE 42 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 ParalegalPost

Florida’s Revised Limited Liability Act Michelle McKinnie, FRP n June 2013, Florida’s Revised Limited Liabil- company, the New Act permits filing with the ity Act was signed into law and went into effect Department of Corporations and recording in IJanuary 1, 2014. What used to be Florida Stat- county public records a Statement of Authority. ute, Chapter 608 is being replaced in its entirety These can specify the authority or limits thereto by Chapter 605 (the “New Act”). The New Act for members, managers, and officers to do any affects both transactional and litigation practices. of the following: (i) bind the LLC in general; (ii) The purpose of Chapter 605 is to bring Florida’s transfer real property held in the name of the LLC laws more in line with the Revised Uniform LLC; (iii) enter into transactions on behalf of the Limited Liability Company Act, to address a LLC; or (iv) execute particular types of instru- few glitches in Chapter 608 and, in general, to ments, such as mortgages. To be binding upon certified ensure Florida remained competitive with other real estate, a copy of the Statement of influential commercial states like Delaware. Staff Authority must be recorded in the public records members with the Florida Department of Corpo- of the county where the real estate is situated. rations met in October to determine how best to While not mandatory, filing a Statement of Au- thority in the county where the LLC has real es- Christopher W. Hayes, Esq. accommodate the New Act on its www.sunbiz. org website. Although they have not published tate amounts to additional, inexpensive asset pro- what the exact changes will be, the following tection. Statements of Authority are good for five highlights are a few of the major changes practi- years, unless revoked by a Statement of Denial. tioners and paralegals should be monitoring: Amended Statements of Authority will need to be filed to renew them before expiration. More Deadlines. For any LLCs formed after January than likely, staff members at Sunbiz are wrestling 1, 2014, the New Act will apply. For any LLCs with how to administer this new corporate docu- formed prior thereto, those LLC’s have been given ment. Sunbiz does not have a form available at an extended deadline until January 1, 2015, for this time, so practitioners should begin crafting which the New Act will trump the terms of their their own. operating agreements. Of course, current LLCs can Non-Waivable Provisions; Used to be 6; Now there are 17! OCBA Paralegal Section opt to be governed by the New Act immediately. Compare Sections 608.423 and 505.0105. While Nominate your paralegal for the No More Managing Members. Compare Sections there are too many to get into, the take away Paralegal of the Year Award! 608.422 to 605.0407. On Sunbiz, when iden- should be that provisions in your operating agree- Deadline: March 17 tifying the controlling parties, they are either ment that members thought trumped the Florida called a manager (MGR) or a managing mem- statutes may no longer be enforceable. For exam- See the OCBA website for details. ber (MGRM). Florida LLCs have been reserving ple, members may no longer be prohibited from powers and duties in their operating agreements withdrawing and dissociating themselves from an for their managing members to the exclusion of LLC. Once they leave, the LLC will not automat- the other members. For LLCs formed after Janu- ically wind down, and said members will retain ary 1, 2014, the term MGRM will not be used their right to distributions, will lose their right to on Sunbiz in filings or annual reports. Effective vote, and will no longer have a duty not to com- January 1, 2015, the powers and duties given pete. If they “wrongfully disassociate,” the New to the managing member will no longer be en- Act provides for damages to the LLC as a result forceable. That member will be left with only thereof. Another non-waivable provision to keep the power to vote his or her percentage like the in mind is the applicability of Florida law to the other members. Unless there is public record to Florida LLC. Just because you say the LLC will the contrary, all members have the “statutory ap- be governed by Delaware law will not make it so. parent authority” to bind the LLC. If that is a Noteworthy Non-Changes problem, or if everyone wants the former managing member to have certain exclusive powers, one • Olmstead Patch. See Section 605.0902. course of action could be to designate him or her The New Act did not modify the “Olm- the “manager” and amend the LLC’s Articles of stead Patch,” leaving it clear that charging Organization to reflect that the company is now orders are the sole remedy for creditors of a manager-managed LLC. multi-member LLCs, and single member LLCs are vulnerable to creditor foreclo- Statements of Authority. See Section 605.0302. To sure; and further clarify who may bind a limited liability continued page 44 theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 43 TechnologyCloud Computing continued from page 16 Protecting Your Mobile Devices functions – like working with big graphics files f you’re planning on heading out of fee Shop” or “Linksys” to fool you into – are better kept local or the slowness will make town – or simply to the coffee shop thinking they are safe. You think you’re you crazy. However, in almost every case, parts Ito work – here are a few tips to keep connecting to the coffee shop’s Wi-Fi, of your computer network (functions) can easily in mind. but you’re actually accessing the web be put in the cloud to save you money and give 1. Protect your devices from thieves. All through their portal. If you are going to you better service. So before you donate your mobile devices should be passcode- use public Wi-Fi, simply use it for gen- server and sign up for Google Apps or Office protected and loaded with apps that eral web surfing, not shopping, bank- 365, it’s important you talk to someone who can will help you track and find them in ing, or accessing critical data. honestly assess your unique situation and tell case they get lost or stolen. For iPads 4. Turn off sharing. If you use a laptop, you the pros and cons of making the switch to and iPhones, there’s the free Find My you might have it set to share files and cloud computing. iPhone. Android users can try Lookout folders with other computers at work Submitted by James Shaver, CEO of Orlando Tele- Mobile Security. These apps allow you or home. However, you don’t want com. to remotely wipe the device in case they those setting “on” when connecting to LASGAL Teaching Tips fall into the wrong hands; you defi- a public network. When connecting continued from page 20 nitely don’t want to expose yourself to to a public hotspot for the first time, identity theft or allow someone access Windows will ask you for a location devastating losses of over $600,000 in funding to your company’s network and client type. Choose “public” and it will auto- from the Florida Bar Foundation, it is vital that data. Also, never leave your device any- matically reset your settings to turn off we protect the GAL state funding so that we can where you wouldn’t leave your wallet. sharing. continue to safeguard the children who we cur- 2. Backup. Mobile devices get lost and 5. Carry your own connection. If you’re rently represent as well as those who will need destroyed more often than desktop going to access your bank account, our advocacy in the future. computers because you’re dragging go shopping online, or need to access We may be calling on you once this year’s legisla- them around from place to place and critical data when traveling, invest in tive session is underway if we need you to con- exposing them to non-gadget friendly your own personal Mi-Fi connection. tact your Florida House or Senate representative environments; therefore, make sure If you don’t have one and you need to to support increased funding for the GALP. If you are backing up all the data to the make an emergency balance transfer or you do not know who your representatives are, cloud. All it takes is a spilled cup of cof- an immediate purchase to save a sig- you can use the following link to identify them: fee to erase those precious family pho- nificant amount of money, it’s safer to http://www.ocfl.net/OpenGovernment/Leg- tos and videos; and most people don’t use your cell phone. When banking, islativeDelegation/StateLegislativeDelegation. think about backing up their phone. use your bank’s official app and sign aspx. 3. Take caution when connecting to free pub- up for any extra security they offer. For example, Bank of America’s SafePass For more information about the Legal Aid So- lic Wi-Fi. Hackers with routers and read- ily available software set up rogue hot program sends a text message with a ciety’s GAL program, please contact Susan 6-digit code to authorize a transaction. Khoury, Esq. at [email protected]. spots for spying and serving you fake websites. They often name these hot The code expires as soon as you use it. Susan Khoury, Esq. is the Legal Aid Society’s GAL spots something generic such as “Cof- Submitted by Rebecca Bowland, Orlando program coordinator. She has been a member of the Telecom, LLC. OCBA since 1984.

ParalegalPost “Our Business let’s you Focus on Your Business” continued from page 43 • Series LLCs. Florida has still not Dytech has been helping law firms take advantage of the joined the other states that recog- latest technology in the market while ensuring their nize Series LLCs and the way they networks are managed, secure and reliable. can segregate a single LLC’s assets, liabilities, and members. Laptops, Smartphones, Tablets and other technologies have become important tools for your business. As this It will behoove the practitioner and the paralegal community to be familiar with technology evolves, the security risks they present are often the changes brought about by the New overlooked. We understand how today's regulations apply to Act. Clients will surely call asking whether you and your business. they need to do anything. Having a solid, customizable amendment form (or an “Amended and Restated Operating Agree- OCBA Members ONLY ! ment” form) that addresses all the poten- One Month Free with a tial pitfalls before the phone starts ringing will be money in the bank. 12 Month Contract IT Provider for the Michelle McKinnie, FRP, Hayes Law, PL, has Orange County Bar Association been a member of the OCBA since 2010. Chris- topher W. Hayes, Esq., Killgore, Pearlman, Stamp, et al., has been a member of the OCBA [email protected] • www.Dytech.com • (407) 678 - 8300 since 2005. PAGE 44 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 Associate Mar. 13 – Mediation – Effective Uses & Preparation. Brown Bag Lunch with Judge John Kest. 12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Flr. Colin S. Baker, Esq. – Greenberg Traurig LLP Judicial Conf. Rm. 425 N. Orange Ave., Orlando, FL 32801. Please feel free to bring a sandwich; water will be provided. To register, contact: Diane Partner Iacone at [email protected], or 407-836-0443. Michael C. Caborn, Esq. – Winderweedle, Haines, Ward & Woodman, P.A. Mar. 18 – Ethical Issues in GAL Representation: GAL, CBA, and Judicial Panel. Jon Marshall Oden, Esq. – Ball Janik LLP LAS Lunchtime Training. 12:00 p.m.-1:30 p.m. Marks Street Senior Rec- Christine Irwin Parrish, Esq. – Burr & Forman LLP reational Complex, 99 E. Marks St., Orlando, FL 32803. Speakers: Ericka Garcia, Esq. and Stephanie Stewart, Esq. CLE: pending. To register, contact Joel E. Roberts, Esq. – BakerHostetler Marilyn Carbo at [email protected]. Ty G. Roofner, Esq. – Burr & Forman LLP Mar 18. – Billing Made Easy. Solo & Small Firm Committee Seminar. 12:00 Richard B. Weinman, Esq. – Winderweedle, Haines, Ward & Woodman, P.A. p.m.-1:00 p.m. OCBA Center. Speaker: Elisa A. Singer, Esq. CLE: 1.0 pending. Registration: Free for OCBA members; $15 lunch fee for non-members. Shareholder Lunch sponsored by Elisa A. Singer, P.A. To register, go to the OCBA Store. James M. Talley, Esq. – Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Mar. 21 – Guardian Ad-Litem, Social Investigation, Parenting Plans & Par- enting Coordination: What Does My Case Need? Family Law Committee Managing Partner Seminar. 12:00 pm.-1:00 p.m. OCBA Center. Speakers: Deborah O. Day, Psy.D., LMHC, licensed psychologist, certified family mediator; and Kyle Aaron L. Zandy, Esq. – FordHarrison LLP J. Goodwin, Psy.D., licensed psychologist. CLE: pending. Registration: Free for OCBA members; $15 lunch fee for non-members. To register, go to the Transition OCBA Store. William Henry Beaver II, Esq., a shareholder with GrayRobinson P.A., Apr. 8 – Intellectual Property Committee Major Seminar. Save the date. passed away January 12, 2014, at the age of 52. He received his juris doc- Details to come. tor from the University of Tulsa and was admitted to The Florida Bar in 1990. He was recognized in Florida Trend as a “Legal Elite 2012” and was Apr. 8 – Dissolution of Marriage Part 1. LAS Lunchtime Training. 12:00 p.m.- rated in the Daily Business Review, Top Rated Lawyer, Appellate Law, 2013. 1:30 p.m. Marks St. Senior Recreational Complex, 99 E. Marks St., Orlando, We extend our sincere condolences to Mr. Beaver’s family and friends. FL 32803. Speaker: Angel Bello-Bellini, Esq. CLE: pending. To register, contact Marilyn Carbo at [email protected]. George T. Eidson Jr., Esq., a prominent civil litigator, passed away on January 29, 2014, at the age of 87. He was admitted to The Florida Bar in Apr. 10 –Trials: The Rest of the Story – What to do after Closing is Done. 1951. In 1953, Eidson became the fifth member of the firm now known as Brown Bag Lunch with Judge John Kest. 12:00 p.m.-1:15 p.m. Orange Akerman LLP and helped grow the firm into one of the largest practices County Courthouse, 23rd Flr. Judicial Conf. Rm. 425 N. Orange Ave., Orlan- in the country. We extend our heartfelt condolences to Mr. Eidson’s family do, FL 32801. Please feel free to bring a sandwich; water will be provided. and friends. To register, contact: Diane Iacone at [email protected], or 407-836-0443. Apr. 11 – OCBA Bench Bar Conference. 8:00 a.m.-5:30 p.m. Loews Royal Speaking Engagements Pacific Hotel at Universal, 6300 Hollywood Way, Orlando, FL 32819. More Christopher E. Brown, Esq., and Lance O. Leider, Esq., The Health Law than 60 sessions, 50 judges, and up to 7.0 CLE. Members: $300; non-mem- Firm, delivered a lecture to Florida Hospital’s family medicine residents bers: $350. All meals and post-conference reception included. For more and medical students on December 11, 2013. The topic focused on pro- information about the conference and sponsorship opportunities, see fessional behavior for healthcare professionals. the ads in this issue of The Briefs. To register, go to the OCBA Store. Christopher E. Brown, Esq., The Health Law Firm, was one of six panel- Apr. 17 – Billing Do’s and Don’ts: Ethical Concerns. Paralegal Section Lunch- ists invited to present on the topic “Careers in Health Law” in January to time Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. Speaker: Jamie Billotte about 100 Barry University School of Law students interested in pursuing Moses, Esq. CLE: pending. For more information, see the OCBA web cal- a career in health law after graduation. endar. James A. Edwards, Esq., shareholder with Zimmerman Kiser Sutcliffe, Apr. 22 – Legal Issues Involving Children with Disabilities – Day 2. LAS Train- P.A., was a featured speaker at the Virgin Islands Bar Association Annual ing. 11:00 a.m.-4:30 p.m. Marks St. Senior Recreation Complex, 99 E. Marks meeting in December 2013. He spoke on the topics “Admissibility of So- St., Orlando, FL 32803. See OCBA web calendar for topics and speaker cial Network and Internet Based Evidence” and led a panel of lawyers and details. CLE: pending. To register, contact Marilyn Carbo at mcarbo@le- a federal magistrate to discuss the topic “Civility Matters.” galaidocba.org. Brian Wagner, Esq., a shareholder with Mateer & Harbert, P.A., presented Apr. 23 – Topic TBA. Labor & Employment Committee Major Seminar. “Obamacare: What Your Business Needs to do to Prepare for the Afford- Save the date. Details to come. able Care Act” to members of the National Business Institute. Apr. 25 – Trial Techniques & Practices. Criminal Law Committee Major Seminar. 11:30 a.m.-4:30 p.m. Orange County Courthouse, Jury Assembly Events Rm., 425 N. Orange Ave., Orlando, FL 32801. CLE: 4.5 pending. Cost: $35 April 5 – 17th Annual OCBA Gala. 7:00 p.m.-11:00 p.m. The Alfond Inn, for Regular OCBA members; $25 for OCBA Government and Law Student Winter Park. For details, see the ad in this issue of The Briefs, or go to members; $50 for non-members. Lunch sponsored by FindLaw. For more ocba2014gala.brownpapertickets.com. For sponsorship information, details and to register, go to the OCBA Store. please contact Kimberly Webb at 407-647-8911, or kwebb@schwartzlaw- Apr. 30 – Advanced Legal Writing in the Paperless, Digital Age. Appellate firm.com. Practice and Professionalism Committees Joint Major Seminar. Spon- sored by Wicker Smith, Attorneys at Law. 11:30 a.m.-6:00 p.m. OCBA Cen- Seminars ter. CLE: 4.0 pending. Cost: $35 for OCBA members; $50 for non-members. Mar. 10 – Finality in Probate and Guardianship Cases: When It’s Time to Ap- Lunch and reception included in registration fee. Registration deadline: peal under New Rule. Estate, Guardianship & Trust and Appellate Practice April 28, 2014. For more details and to register, go to the OCBA Store. Committees Joint Seminar. 12:00 p.m.-1:00 p.m. OCBA Center. Speaker: Stacy Ford, Esq. CLE: 1.0. Registration: Free for OCBA members; $15 lunch fee for non-members. Mar. 11 – Mediation 101. Paralegal Section Lunch and Learn. 12:00 p.m.- 1:00 p.m. OCBA Center. Speaker: Rebecca Palmer, Esq. For more information, see the OCBA web calendar. Announcements theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 45 Congratulations to Members Alladi & Patel of the OCBA’s 100% Club McMichen, Cinami & Demps PLLC Allen, Norton & Blue, P.A. McMillen Law Firm, P.A. Amy E. Goodblatt, P.A. McShane & McShane Law Firm, P.A. Anderson & Ferrin, Attorneys at Law, P.A. Men’s Divorce Law Firm Banker Lopez Gassler P.A. Michael R. Walsh, P.A. Benitez Law Group, P.L. Mooney Colvin, P.L. Benkiran Law Firm, P.A. Morgan, White-Davis & Martinez, P.A. Beshara, P.A. Murrah, Doyle & Wigle, P.A. Billings, Morgan & Boatwright, LLC N. Diane Holmes, P.A. Bodiford Law Group Neduchal & Magee, P.A. Bonus McCabe Law Firm Nishad Khan, P.L. Bull and Associates, P.A. Ossinsky & Cathcart, P.A. Burr & Forman Palumbo & Bertrand, P.A. Calandrino Law Firm, P.A. Provencher & Simmons, P.A. Camy B. Schwam Wilcox, P.A. Ringer Henry Buckley & Seacord, P.A. Carr Law Firm, P.A. Sawyer & Sawyer, P.A. Chaires, Brooderson & Guerrero, P.L. SeifertMiller, LLC Cole, Scott & Kissane, P.A. Snure & Ponall, P.A. Colling Gilbert Wright & Carter, LLC Southern Trial Counsel Cullen & Hemphill, P.A. Stanton & Gasdick, P.A. DeCiccio & Johnson Stovash, Case & Tingley Dellecker Wilson King McKenna Ruffier & Sos, LLP Swann Hadley Stump Dietrich & Spears, P.A. Dewitt Law Firm Tangel-Rodriguez & Associates Faddis & Faddis, P.A. The Aikin Family Law Group Fassett, Anthony & Taylor, P.A The Arnold Law Group Fishback, Dominick, Bennett, Ardman, Ahlers, Langley & Geller, LLP The Brennan Law Firm The Draves Law Firm, P.A. Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap, P.A. The Elder Law Center of Kirson & Fuller Frank A. Hamner, P.A. The Johnston Law Firm Frank Family Law Practice The Law Offices of Terry Bledsoe Giles & Robinson, P.A. The Law Offices of Trevett & Bonham, P.L. Grossman & Grossman P.A. The Llabona Law Group Harris, Harris, Bauerle & Sharma The Marks Law Firm Higley & Szabo, P.A. The McMahon Law Group, P.A. Hilyard, Bogan & Palmer, P.A. The Skambis Law Firm Hornsby Law The Smith Family Law Firm, P.A. Infocus Family Law Firm, P.L. The Tech Law Firm James H. Monroe, P.A. Troutman, Williams, Irvin, Green &Helms, P.A. King, Blackwell, Zehnder & Wermuth, P.A. Walton Lantaff Schroeder & Carson, LLP Korshak & Associates, P.A. Warner & Warner, P.L. Kosto & Rotella, P.A. West, Green & Associates, P.L. Law Offices of Thomas H. Justice, III, P.A. Wicker, Smith, O’Hara, et al. Law Offices of Walter F. Benenati Wieland, Hilado & DeLattre, P.A. Lawyer Today.Com William G. Osborne, P.A. Legal Aid Society of OCBA Wilson McCoy, P.A. Lewis & Crichton Winderweedle, Haines, et al. Lynn B. Aust, P.L. Wolf, Hill, McFarlin & Herron, P.A. Marcus & Myers, P.A. Wooten, Kimbrough & Normand, P.A. Mark Lang & Associates Yergey & Yergey, P.A. Mark M. O’Mara, P.A. Young DeLoach, PLLC Marshall, Dennehey, Wamer, Coleman & Goggin McClane Partners, P.A.

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.

PAGE 46 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3 To reply to BRIEFS box number, address as follows: Briefs Reply Box # _____ c/o Orange County Bar Association CLASSIFIED ADS Orlando, FL 32801

EMPLOYMENT Bogin, Munns & Munns, OFFICE SPACE lando. Free Parking; Please call P.A. – Orlando law firm with Orange County Public For Rent or Lease Fur- Tim Leffler at (407) 947-6485. 10 Central Florida offices, nished Office Spaces & Schools’ Legal Services seeks experienced domestic at- Conference Rooms. By OFFICE SPACE SHARED Department is currently torney to head up its domestic the Hour, Day, Week, Month Downtown Kissimmee seeking a Staff Attorney III, practice. Prefer 5+ years experi- or Annually with all amenities Office – Use of Conference Construction and Real Estate ence. Great opportunity to join included. Next to the Mel- Room, Reception and Break in our Legal Services Dept. growing practice. Email resume bourne Courthouse. Phone Area included. Most Utilities located at the RBELC at 445 to [email protected]. W. Amelia St., Orlando, FL (321)727-2545 Fax (321)727- Included. Referrals Possible 32701. Applications may be Specialty Defense Firm 2549 e-mail saxonchakhtoura@ $500 Monthly 407-518-7160 is searching for Legal submitted through: The Florida cfl.rr.com. OFFICE SPACE SHARED (2-3 Assistant/Paralegal. Bar Association at: http://l.fl.bar. HWY. 17-92 AND MAI- attys) Downtown Orlando, Strong organizational and associationcareernetwork.com/ TLAND BLVD (140 Tonia fully equipped Wifi, copier/ communication skills, priori- JobSeeker/Job Detail.aspx?abbr=L. Cove). 8,342 SF office build- Fax, kitchen, Cable TV, Con- tizing and multi-tasking in a FL.BAR&jobid=192be251-0dcc- ing on 3 acres with lake view ference, Parking, support of fast-paced environment. Insur- 4ed2-8c9e-ef118a30165f&stats=y includes 4,100 SF engineer- Bi-lingual staff Call: (407) 649- ance defense and strong litiga- OR The Orange County Public ready pad and land for 8,250 8389 (407) 761-8260 tion experience preferred. Fax/ Schools website at: https://www. SF building. 6.4/1,000 parking Mail to Director of Human Re- SHARE OFFICE SPACE – ocps.net/es/hr/employ/Pages/ ratio. Christi Davis/Morrison sources, The Rock Law Group, Near 1-4 and Colonial Drive. default.aspx. Closing date: April Commercial Real Estate 407- P.A., 1760 Fennell Street, Mai- 3 offices with 3 secretarial areas 22, 2014. Position Number: 440-6644 0286119. tland, FL 32751 or email @ with private parking. Shared [email protected]. Beautiful downtown conference room and kitchen Real Estate Associate Orlando office overlook- facilities. Call Michael Nebel at Orlando. Dean Mead, an Rissman, Barrett, Hurt, Donahue & McLain, P.A. ing Lake Eola. Large window (407)540-1411. AV rated law firm with offices in office on the 14th floor with seeks an attorney with expe- OFFICE SPACE AVAILABLE Orlando, Tallahassee, Ft. Pierce, an impressive view. Located on rience to work in its liability FOR RENT. Close to Down- Viera and Gainesville, is seeking the Orange Avenue and Church section. Qualifications must town Orlando. Easily accessible attorney candidates for an Street. Share reception area, include experience in civil trial with free parking. Conference associate position in the firm’s conference room and kitchen law with a concentration in and kitchen facilities. Copier/ real estate transactional practice with two other small firms with areas of medical malpractice, fax available. Reception area. group in the Orlando office. respected attorneys and friendly product liability, automobile Please call John Pierce at (407) Primary responsibilities will be staff. Additional copier, recep- negligence and premises liabil- 898-4848. assisting in the structuring and tionist, garage parking, and sec- ity. Please email resume to dick. documenting complex mortgage retary cubicle add-ons available. Downtown Orlando [email protected] for con- loans, loan modifications, sales, Office $900.00 per month. law office. Secured build- sideration. All responses to be acquisitions, leasing and other www.eolaviewoffice.com. ing w/elevator & parking. diverse commercial real estate treated with confidentiality. Furnished/unfurnished office DOWNTOWN OFFICE transactions in our diverse real SPECIALTY DEFENSE FIRM available, perfect for attorney, SPACE AVAILABLE FOR estate practice. We offer benefits handling first party property/lia- sole practitioner or profes- RENT. 20 x 24 sq. ft. office for including medical insurance, bility coverage issues and complex sional. Rent includes utilities, rent in the North Tower Plaza. dental and vision insurance, contractual/tort litigation seeks copy machine, phone line and $1,200/month.Includes utili- retirement plan, CLE credits and attorneys for its Maitland office. WIFI, with conference room & ties, kitchen facilities, WIFI, other personal and professional Insurance defense experience pre- kitchen privileges. $600.00 per copy machine, receptionist, and enhancements Please send your ferred. Fax/Mail resume to: Office month. Please email ljparente@ use of two conference rooms. resume to jobs@deanmead. Manager (407) 647-9966, The skturnerlaw.com, or call Lori at Please email Erin Denslow at com. Dean Mead is an Equal Rock Law Group, P.A., 1760 Fen- 407-894-4114. [email protected]. Opportunity Employer. nell St., Maitland, Florida 32751. Office Space Available; Increase your exposure! Orlando law firm Bogin, Munns & Munns this is an incredible Downtown For a mere 50¢ per word more, your seeks Immigration At- seeks attorney with three plus Location in a serene historical classified ad in The Briefs can be torney with minimum of 3 years experience in real estate, es- setting. Easily accessible for posted on the OCBA website. years experience. Great oppor- tate and probate, for our Village’s your clients, easy in and out, (For magazine advertisers only.) tunity to join growing Central office. Outstanding opportunity close to the Court House. His- For details, contact: Chelsie Sloan Florida law firm. Email resume for attorney willing to work hard torical Office Buildings ranging Marketing & Sponsorship Coordinator to Bogin, Munns & Munns at and grow our practice. Send reply from 800 sq. ft. to 2300 sq. ft... 407-422-4551 x. 244 [email protected]. in confidence to reply box 704. Great value in Downtown Or- [email protected]

theBriefs March 2014 Vol. 82 No. 3 www.orangecountybar.org PAGE 47 OCBA March Luncheon March 20, 2014 OCBA Calendar Co-hosted by the Professionalism Committee Rafael E. Martinez, Esq. MARCH – APRIL William Trickel Jr. Professionalism Award Winner RSVP by March 14, 2014 to March OCBA Luncheon www.orangecountybar.org/store 20 Rafael E. Martinez, Esq. Sponsored by Thomas Reuters WESTLAW LAS Training William Trickel Jr. Professionalism 4 Legal Issues Involving Children with Award Recipient Disabilities – Day 1 11:30 a.m. • Church St. Ballroom 11:30 a.m. • Marks St. Senior Center Social Security Committee Family Law Committee Seminar 12:00 p.m. • OCBA Center Professionalism Committee 21 Guardian Ad-Litem, Social Investigation 12:00 p.m. • OCBA Center Parenting Plans & Parenting Coordination: OCBA 2014 Bench Bar Conference What Does My Case Need? 11 8:00 a.m. • Loews Royal Pacific Hotel at Evening with the Judiciary 12:00 p.m. • OCBA Center Universal 5:30 p.m. • Orlando Museum of Art YLS Luncheon Estate, Guardianship & Trust Committee Business Law Committee 11:40 a.m. • Citrus Club 14 12:00 p.m. • OCBA Center 5 12:00 p.m. • OCBA Center Real Property Committee Social Committee Law Week Committee 25 12:00 p.m. • OCBA Center 15 11:45 a.m. • Contact Chair 6 12:00 p.m. • OCBA Center Appellate Practice Committee Solo & Small Firm Committee Estate, Guardianship & Trust and 26 12:00 p.m. • OCBA Center 12:00 p.m. • OCBA Center 10 Appellate Practice Committees Joint Seminar Judicial Relations Committee Finality in Probate and Guardianship Cases: Paralegal Section Seminar 12:15 p.m. • Orange County Courthouse, 17 Billing Do’s and Don’ts: Ethical Concerns When It’s Time to Appeal Under New Rule rd 12:00 p.m. • OCBA Center 23 Flr. Conf. Rm. 12:00 p.m. • OCBA Center Technology Committee Paralegal Section Seminar ADR Committee 27 12:00 p.m. • OCBA Center 11 Mediation 101 18 7:30 a.m. • GrayRobinson 12:00 p.m. • OCBA Center Bankruptcy Law Committee YLS Luncheon 28 12:00 p.m. • OCBA Center 11:40 a.m. • Citrus Club Lawyers Literary Society 12 12:00 p.m. • OCBA Center LAS Training April 22 Legal Issues Involving Children with Veterans Committee Disabilities – Day 2 12:00 p.m. • OCBA Center 11:30 a.m. • Marks St. Senior Center Professionalism Committee 12:00 p.m. • OCBA Center Brown Bag Lunch with Judge John Kest 1 Labor & Employment Law Committee 13 Mediation – Effective Uses & Preparation 23 Major Seminar Business Law Committee 12:00 p.m. • Orange County Courthouse 8:30 a.m. • OCBA Center 23rd Flr. Judicial Conf. Rm. 2 12:00 p.m. • OCBA Center OCBA Law Week Luncheon Social Security Committee Intellectual Property Committee Major 24 11:30 a.m. • Church St. Ballroom 12:00 p.m. • OCBA Center 8 Seminar 12:00 p.m. • OCBA Center Criminal Law Committee Major Seminar ADR Committee 25 Trial Techniques & Practices LAS Lunchtime Training 18 7:30 a.m. • Dean, Ringers, Morgan & 11:30 a.m. • Orange County Courthouse, Dissolution of Marriage – Part 1 Lawton, P.A. Jury Assembly Rm. 12:00 p.m. • Marks St. Senior Center LAS Lunchtime Training Bankruptcy Committee Ethical Issues in GAL Representation: GAL, Lawyers Literary Society 12:00 p.m. • OCBA Center DCF, and Judicial Panel 9 12:00 p.m. • OCBA Center 12:00 p.m. • Marks St. Senior Center Real Property Committee Veteran’s Committee 29 12:00 p.m. • OCBA Center Solo & Small Firm Committee Seminar 12:00 p.m. • OCBA Center Billing Made Easy Appellate & Professionalism Committees 12:00 p.m. • OCBA Center Brown Bag Lunch with Judge John Kest 30 Joint Major Seminar Trials: The Rest of the Story – What to do after 10 Advanced Legal Writing in the Paperless, Elder Law Committee Closing is Done Digital Age 19 12:00 p.m. • OCBA Center 12:00 p.m. • Orange County Courthouse, 23rd Flr. Judicial Conf. Rm. 12:00 p.m. • OCBA Center

PAGE 48 www.orangecountybar.org theBriefs March 2014 Vol. 82 No. 3