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the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 1 the Brie s Contents f©2011 Co-Editors 3 Vivian P. Cocotas & Sarah P. L. Reiner President’s Message 16 YLS on the Move Associate Editors One Last Message! Allison C. McMillen & Suzanne D. Meehle Jacquelynne J. Regan Frank M. Bedell 23 Side Bar Columnist 4 Sunny Lim Hillary The Basics: Marketing Your Law Professionalism Committee Firm Online YLS Columnist Remarks by The Honorable John FindLaw Jacquelynne J. Regan Marshall Kest upon Receiving the 2011 w James G. Glazebrook Memorial Bar 24 Service Award OFFICERS What Do You Mean I Wasn’t Frank M. Bedell, President Picked for the Jury? 8 Thomas A. Zehnder, President-Elect Jamie Billotte Moses Hints: Professionalism Questions to Ask Kristyne E. Kennedy, Treasurer Yourself Before You React 26 Paul J. Scheck, Secretary SideBar The Honorable John Marshall Kest w Sunny L. Hillary 10 EXECUTIVE COUNCIL Wiley S. Boston What Great Writers Can Teach Lawyers 28 Rainmaking and Judges: Wisdom from Plato to Mark Mary Ann Etzler Twain to Stephen King Market Yourself through Storytelling Meenakshi A. Hirani Part 1 in a Series Mark Powers and Shawn McNalis Elizabeth F. McCausland Douglas E. Abrams Nichole M. Mooney 32 Gary S. Salzman New Members 11 Nicholas A. Shannin Teaching Teachers at the Teacher’s 37 William D. Umansky Legal Institute Announcements William C. Vose Richard S. Dellinger Kimberly D. Webb 39 Esther M. Whitehead 15 Classifieds Diego “Woody” Rodriguez, Ex Officio Judicial Investitures Eric C. Reed, YLS President The Honorable Mike Murphy 40 w The Honorable Donald A. Myers, Jr. Calendar The Honorable Keith F. White EXECUTIVE DIRECTOR Brant S. Bittner w Communications Manager Peggy Storch

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PAGE 2 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5 President’sMessage May 2011

One Last Message!

o prepare for my last president’s message, I mittee also deserves mention. As frequently hap- flipped through Tuesdays With Morrie and pens, this once-active committee had languished Twas reminded of why the book was a best- for multiple reasons. But Bill envisioned an op- seller for so long. The book’s subtitle –“An Old portunity to present a forum where members of Man, a Young Man, and Life’s Greatest Lesson” the bar and members of the bench could come to- – describes well the series of conversations the gether periodically to discuss matters of common author had with his former college professor, interest. Given the budget crisis in Tallahassee, the Frank M. Bedell Morrie Schwartz, who, despite having terminal timing could not have been better! The meetings of cancer, resolved to continue learning and to con- this committee are so well attended by lawyers and tinue teaching. This was in keeping with Morrie’s judges that the committee is looking for a larger greatest lesson: there is no such thing as “too late” place to meet! Thanks to Bill’s good work and the in life. The book’s author, Mitch Albom, has the assistance of our administrative judges (Judge Reg- terrific talent of being able to describe complex, gie Whitehead, Judge Fred Lauten, Judge Bob Ev- important subject matters – particularly those ans, Judge Anthony Johnson, and Judge Carolyn dealing with our interactions with others – in a Freeman) the OCBA is now much more involved compellingly simple way, and often with great in matters of interest to the judiciary, such as pre- humor; Albom also has the impressive ability to senting a seminar on the new Rule of Judicial Ad- distill his conversations with Morrie into lessons ministration 2.420 regarding confidential infor- that are worth learning and remembering. mation which cannot be included in court papers. One of Morrie Schwartz’s lessons was to appreci- Our system of justice is better off because of the ate the opportunities we have to work with others work of this committee. on projects that allow us to come together and This year has also featured speakers at our month- serve a greater purpose. I am grateful to be able to ly OCBA luncheons who delivered timely, inspir- say that over the last year I have witnessed a num- ing messages about the importance of coming ber of these opportunities within the OCBA. In together for a greater purpose. Coach Billy Dono- fact, a nice thing about serving as OCBA presi- van talked about cultivating an environment that dent is learning about the hard work that folks put motivates others to be good teammates, and how into projects that are simply designed to improve this involves respecting others and appreciating the legal profession or the lives of others, without the particular role we might be able to fill so that regard for achieving any form of compensation a larger goal can be met. At the joint luncheon or recognition. I have been pleasantly surprised with CFAWL, Dr. Deborah German discussed to witness the great number of committees and how change can be best effectuated by bringing projects that are largely self-sustaining, and to see together disparate points of view from folks who the amount of effort that goes into some of our have different interests and by being bold and larger events. I have also been impressed by the courageous. In the joint luncheon with HBA, imagination and resourcefulness of our members Justice Jorge Labarga movingly and humbly re- when they see a need within the OCBA that is counted the opportunities he has experienced in not being met. the legal profession and how his life in America Let’s look at Judge John M. Kest, for example. is so different, because of our respect for the rule Judge Kest joined the bench after enjoying a of law, from what his life would have been under distinguished career as a plaintiff’s trial attorney. Castro had his parents stayed in Cuba. Within a short time on the bench, Judge Kest I will also mention just some of the work done realized that many lawyers, particularly young by the OCBA Executive Council. At our March lawyers, might benefit from receiving practical 2011 meeting, we discussed some of the legisla- advice on how to present and defend a motion tion being proposed in Tallahassee. Our Legis- for summary judgment, or how to conduct an ef- lative Affairs Committee was resurrected, with fective direct examination of a witness at trial, so Nick Shannin serving as chair. Shortly after that he instituted his wonderfully successful “Brown meeting, a number of us heard from judges and Bag Lunches.” Is it any surprise that Judge Kest colleagues who were concerned about the changes has received this year’s James G. Glazebrook Me- being proposed, which could potentially dramat- morial Bar Service Award? ically alter the separation of powers and the abil- Bill Davis’s work with the Judicial Relations Com- ity of the courts to function effectively. We came continued page 18 the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 3 ProfessionalismCommittee

Remarks by The Honorable John Marshall Kest Upon Receiving the 2011 James G. Glazebrook Memorial Bar Service ometimes problems seem so great they be- – a rather diverse representation of the bar. They come all consuming. We devote many hours, have been lawyers with varying backgrounds: Sa significant number of dollars, and multiple lawyers who have transactional practices, a trial resources to identify, analyze, quantify, re-edu- practice in both civil and criminal forums, fam- cate and sanction – let’s call them – the culprits ily and governmental counsel, and corporate and causing the problem. We become obsessed with administrative attorneys. These lawyers have been changing a personality or even a segment of so- from big and medium firms to sole practitioners ciety. Programs are developed, seminars are pre- and included state employees, including judges sented, world-renowned speakers and esteemed from every level of the courts in this state and our lawyers are brought in to tell us what is wrong federal circuit. The Honorable and why and how we should change it. When reflecting on the past, I think of my for- John Marshall Kest It seems that we may do what we accuse the news mer practice of law for 30 years with my partners media of doing: we spotlight the bad, sensational- (Butch Wooten, Dan Honeywell, former mayor ize it and make it “newsworthy.” The aberration, Bill Frederick, Jerry Billing, former Senator Mel for lack of a better word, appears to the outside Martinez, Bruce Gibson, now Judge Patricia world to be the norm. We ignore the positive, or Doherty, and Ed Normand) – all of whom were, at least don’t highlight it. We jump on the one and are, the epitome of the most competent and that deviates from what is expected and set up yet professional attorneys one would ever meet. I seminars and programs and yes, even “Brown think about the attorneys against whom I had lit- Bag Lunches,” to prevent those who have never igated and who presently are appearing before me thought about straying from the proper course in court as attorneys representing litigants. Lastly, from doing so. We require hours of ethics and I reflect on the judges with whom I serve on a professionalism education with the hopes that by daily basis and who have a vantage point from doing so we will keep lawyers, who we believe are which they observe the actions and inactions of destined to deviate from what is expected, on the attorneys and litigants. straight and true road. As a whole, The Florida Bar, and the Central Why do we focus on the unprofessional lawyers Florida area in particular, are blessed with an ex- and judges and not the ones exhibiting profes- tremely competent, highly professional and ethi- sionalism? While I am most appreciative of being cally oriented group of lawyers. Yes, there were, selected as the recipient of the 2011 James G. Gla- and are, exceptions; and ironically we all know zebrook Memorial Bar Service Award, as I know who they are. Yet, by any standard, most law- Pat McGill was when he learned, just prior to his yers place a high regard on being professional and death, about the William B. Trickel, Jr., Profes- treating those around them with civility. sionalism Award and Penelope Perez-Kelly was Which brings us back to the question at hand: why for the Lawrence G. Mathews, Jr. Young Lawyers not concentrate on what is good about our profes- Professionalism Award, I can’t help wonder why sion instead of what is bad? Our focus as judges we leave it to one luncheon a year to look to some and as attorneys needs to be redirected. We need to for what many are doing every day? commend those who act professionally. Set them The vast majority of lawyers today practice in a up for other lawyers, both young and those not so professional manner and with civility. Propor- young, to emulate. Recognize them as profession- tionately, professionalism is probably more per- als and commend them and thank them. vasive today than in what I fondly refer to as the Is it important to train and refresh ourselves on “good old days.” civility and professionalism? Of course! Programs In retrospect, over the past almost 40 years, I have such as The Florida Bar seminars, Inns of Court interacted with over 8,000 different lawyers dur- programs, diversity awareness seminars, mentor- ing my work as a trial lawyer, bar president, Board ing programs such as is presently being organized of Governors representative and now as a trial through our young lawyers for new lawyers, and judge. Geographically, they have been attorneys OCBA seminars are critical to keep us reminded from Jacksonville to Key West and Pensacola to and refresh us about our obligations and respon- Naples, including many others across the country sibilities. But most lawyers attend these because continued page 8 PAGE 4 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5 the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 5 Dues Renewal Pay your dues ONLINE today and enjoy your OCBA benefits all year long! Network. Socialize. Learn. Enjoy. To pay your dues online, go to our secure website at www.orangecountybar.org, click on “Member Login” and enter your login and password. You may also pay by check via mail. When you renew, be sure to sign up for the 2012 Online Membership Directory and Online Lawyer-to-Lawyer Specialty Index. (See details on back of hard-copy renewal statement.) Dues renewal ends June 30. A $25 late fee will be assessed for dues received after July 1, 2011. If you have questions, please contact Karen Fast, membership manager, at [email protected].

CLEs! Get your CLEs at an incredible $15 per credit hour or less! rder individual programs or Otake advantage of our new 30- or 15-credit hour packages, including ethics, at prices you won’t be able to beat. Download the CD and DVD list at www. orangecountybar.org, and purchase your CLEs today. It’s easy, it’s quick, and it’s a bargain!

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the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 7 ProfessionalismCommittee continued from page 4 it is part of what we do. Even of you can be a great thing judges know when it is occur- state and federal constitutions. the Brown Bag Luncheons, – even greater than a judge’s ring if it is not self-evident. That part we have right. What which initially did not provide power of contempt or the bar’s Our profession is an honorable we now need to do is “police” CLE credits, were drawing 45 power to pursue a grievance. one – it is one of the corner- our own profession, letting ev- to 60 young lawyers just be- Each of you must affirmatively stones of our democracy. If our eryone know that when you re- cause they wanted to learn show your fellow lawyers that legal system fails, our society as flect badly on yourself, likewise substantive and procedural law you will no longer sit by and we know it fails with it. God you do so on us. and to practice with profes- allow unprofessional conduct knows we cannot speak for Each of you carries within your sionalism and civility. to happen – in the legal set- the executive or the legislative person your reputation and the But outside of the seminars, ting, the courtroom or even in branches – nor would we be so respect with which we are held, we as judges, as lawyers and as public. brazen as to do so – but we can or should be held, by the pub- paralegals have to let the few of The bench also has the respon- for our judicial branch. lic. Carry it proudly, wisely and our brothers and sisters who act sibility to assist in teaching It is my sincere belief that we honorably. And defend it by inappropriately know that we and enforcing professionalism as practicing lawyers and trial requiring each of your brothers – you and me – will no longer in our courtrooms and our judges have what our fathers and sisters to do the same. tolerate a lack of civility. Un- hearing rooms and to act pro- and mothers have always had The Honorable John Marshall professional conduct must not fessionally as judicial officers. – the ability to practice profes- Kest is a judge of the Ninth Judicial only be recognized, it must be Judges must no longer tolerate Circuit Court. He has been a mem- sionally, with civility and honor ber of the OCBA since 1979. condemned and affirmatively such conduct, if they ever did. as we protect our fellow citizens’ stopped. Peer pressure by each It is up to each of you to let the rights under the laws of our HINTS PROFESSIONALISM QUESTIONS TO ASK YOURSELF BEFORE YOU REACT: 1 Can I save this e-mail and send it tomorrow after I have read it with a “calmer” head? 2 It is a great rebuttal letter, but would it be better to wait until the morning before I actually send it? 3 Should I calm down and return his call tomorrow instead of right now when I am mad? 4 How will this [letter] [e-mail] [voicemail] sound when [read] [played] at a grievance committee hearing? 5 Is it really that important? 6 Is opposing counsel maybe just having a bad day? 7 Is there a more professional way to handle this matter? 8 Is there a justified legal basis for this response? 9 Is a response even necessary? 10 Have I ever had a problem with this person in the past? 11 How would I feel if I received this proposed response? 12 Is what is being asked that unreasonable? Would an independent person think so? 13 Is there another alternative to what I am getting ready to do? 14 Would it be a good idea to run this proposed response past my [partner] [mentor] [spouse]? 15 Is there any chance I may have [misunderstood] [misconstrued] his/her [document] [actions]?

–Judge John Marshall Kest, March 25, 2011

PAGE 8 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5 the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 9 SpecialFeature What Great Writers Can Teach Lawyers and Judges: Douglas E. Abrams Wisdom from Plato to Mark Twain to Stephen King Part 1 in a Series

riting,” said lawyer Abraham Lincoln in 1859, reader’s parsing cannot always rely on a second chance to is “the great invention of the world.”1 From achieve precision. “Wancient times, the writer’s craft has captivated 2.“The words in prose ought to express the intended meaning, leading figures in literature, non-lawyers who are remem- and nothing more” -- Samuel Taylor Coleridge.10 bered most often for what they wrote, and not for what they said about how to write. Their commentary about Experienced litigators seek to avoid the predicament of the writing process, however, seems unsurprising because having to ask the court to excuse their missteps by doing facility with the written language brought recognition in them a favor. Lawyers weaken the client’s cause when, for their day and later in history. example, they miss a deadline, file the wrong paper, or overlook an argument and must summon the court’s dis- Like most other close analogies, analogies between litera- cretion for an extension of time or permission to amend. ture and legal writing may be imperfect at their edges. “Lit- Lawyers similarly weaken the cause when they must sum- erature is not the goal of lawyers,” wrote Justice Felix Frank- mon the generosity of judges or adversaries to do them furter nearly eighty years ago, “though they occasionally 2 a favor by acknowledging what the brief, agreement or attain it.” “The law,” said Justice Oliver Wendell Holmes other filing “really meant to say.” even earlier, “is not the place for the artist or the poet.”3 France’s greatest short-story writer Guy de Maupassant Despite some imperfections across disciplines, advice was no lawyer, but his advice can remind lawyers that from well-known fiction and non-fiction writers can serve imprecise or otherwise inapt words can affect legal rights lawyers and judges well because law, in its essence, is a and obligations. “Whatever you want to say,” he asserted, literary profession heavily dependent on the written word. “there is only one word to express it, only one verb to There are only two types of writing – good writing and give it movement, only one adjective to qualify it. You bad writing. As poet (and Massachusetts Bar member) must search for that word, that verb, that adjective, and Archibald MacLeish recognized, good legal writing is sim- 4 never be content with an approximation, never resort to ply good writing about a legal subject. “[L]awyers would tricks, even clever ones, and never have recourse to verbal be better off,” said MacLeish, “if they stopped thinking sleight-of-hand to avoid a difficulty.”11 of the language of the law as a different language and re- alized that the art of writing for legal purposes is in no Maupassant’s directive sets the bar high, perhaps a bit way distinguishable from the art of writing for any other too high because some imprecision is inescapable in lan- purpose.”5 guage. Justice Frankfurter, a prolific writer as a Harvard law professor before joining the Supreme Court, was right As Justices Frankfurter and Holmes intimated, the tone that “[a]nything that is written may present a problem of and cadence of non-lawyer writers might vary from those meaning” because words “seldom attain[] more than ap- of professionals who write in the law. Variance aside, proximate precision.”12 however, the core aim of any writer, lawyers and judges included, remains constant – to convey ideas through Imprecise tools though words may be, they remain tools precise, concise, simple, and clear expression.6 This -ar nonetheless, sometimes the only tools that lawyers or ticle presents instruction from master non-lawyer writers judges have for stating their position or explaining a deci- about these four characteristics. sion. Achieving the greatest possible precision remains the reason for meticulous writing and careful editing. Lawyer- PRECISION ing and judging, like politics, often depend on the “art of 1.“The difference between the almost right word and right the possible,”13 even as perfection remains unattainable.14 word is . . . the difference between the lightning and the light- ning bug” – Mark Twain.7 CONCISENESS 1.“Brevity is the soul of wit,” and “Men of few words are the When we read personal messages from acquaintances or best men” – William Shakespeare.15 newspaper columns by writers friendly to our point of view, tolerance may lead us to recast inartful words or Perhaps more than any other foundation for precision, sentences in our minds, tacit collaboration that may help preeminent writers often stress conciseness. “Less is cure imprecision. “I know what they really meant to say,” more,” said British Victorian poet and playwright Rob- 16 we think silently to ourselves, extending a helping hand ert Browning, wasting no words. “Brevity is in writing even if the words on the page did not quite say it. what charity is to all the other virtues,” said British writer and cleric Sydney Smith (1771-1845). “Righteousness is Readers, however, normally do not throw lawyers and judg- worth nothing without the one, nor authorship without es such lifelines. Quite the contrary. Legal writing typically the other.”17 faces a “hostile audience,” a readership that “will do its best to find the weaknesses in the prose, even perhaps to find Journalist and satirist Ambrose Bierce acidly defined “nov- ways of turning the words against their intended mean- el” as “[a] short story padded,” and wrote what is prob- ing.”8 Judges and law clerks dissect briefs to test arguments, ably history’s shortest book review, only nine words: “The 18 but only after opponents have tried to make the arguments covers of this book are too far apart.” One of the world’s mean something the writers did not intend. Advocates strain greatest short-story writers, Russian Anton Chekhov, un- 19 to distinguish language that complicates an appeal or creates derstood that “[c]onciseness is the sister of talent.” a troublesome precedent later on. Parties seeking to evade 2.“This report by its very length, defends itself against the risk contractual obligations seek loopholes left by a paragraph, a of being read” – Sir Winston Churchill.20 clause, or even a single word.9 Conciseness increases the odds that the legal writer will hold The adversary system of civil and criminal justice induces the readers’ attention to the finish line. “I want the reader to lawyers and judges to strive for the right words and phras- turn the page and keep on turning to the end,” said Pulitzer es the first time, even when extra care means reviewing Prize winning historian Barbara W. Tuchman. ‘’This is ac- drafts line-by-line. Legal writers beset later by a hostile complished only when the narrative moves steadily ahead, PAGE 10 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5 not when it comes to a weary standstill, overloaded Pulitzer Prize winning novelist Willa Cather.30 ship, in Mark Twain: Tales, Speeches, Essays, and with every item uncovered in the research.’’21 Sketches 359, 360 (Tom Quirk, ed., 1994); Mark My Environmentalist Rachel Carson observed that Words: Mark Twain on Writing xii (Mark Dawid- “There is but one art – to omit!,” said Scottish writing is “largely a matter of application and hard ziak ed. 1996). writer Robert Louis Stevenson, who lamented work, of writing and rewriting endlessly until you 8George D. Gopen, Writing From a Legal Perspective 1 that, “O if I only knew how to omit, I would ask are satisfied that you have said what you want to (1981). 22 no other knowledge.” say as clearly and simply as possible,” a process 9Jay Wishingrad & Douglas E. Abrams, Book Review, 31 Churchill, Tuchman and Stevenson accent the that meant “many, many revisions” for her. Nov- 1981 Duke L.J. 1061,1063 (reviewing George D. point that where the writer can convey the mes- elist Ernest Hemingway believed that “easy writ- Gopen, Writing From a Legal Perspective (1981)). 32 10 sage efficiently in five pages, the writer risks los- ing makes hard reading,” and he made no secret Walter Allen, Writers on Writing 93 (2007) (quot- that he rewrote the last page of A Farewell to Arms ing Coleridge). ing the audience by consuming ten. Readers with 33 11 a choice may not even start a lengthy document, 39 times before the words satisfied him. Guy de Maupassant, Selected Short Stories 10- 11 (Roger Colet ed., 1971) (Maupassant quoting French and weary readers may throw in the towel well be- Carson and Hemingway were not the only emi- writer Gustave Flaubert). fore the end. nent writers candid enough to acknowledge pub- 12Felix Frankfurter, Some Reflections On the Reading of Talented writers succeed best when professional licly the inadequacy of their early drafts. “To be Statutes, 47 Colum. L. Rev. 527, 528 (1947), reprinting modesty leads them to recognize, as historian Da- a writer,” said Pulitzer Prize winner John Hersey, Felix Frankfurter, Sixth Annual Benjamin N. Cardozo vid McCullough puts it, “how many distractions “is to throw away a great deal, not to be satisfied, Lecture, 2 Rec. Bar Ass’n City of N.Y., No. 6 (1947). to type again, and then again and once more, and 13Oxford Dictionary of Modern Quotations 50 the reader has in life today, how many good rea- 34 sons there are to put the book down.”23 Distrac- over and over. (2d ed.2002) (quoting German chancellor Otto von Bismarck: “Politics is the art of the possible.”). tions in the information age can be personal or “Half my life is an act of revision; more than half 14 professional. Like other Americans, lawyers and the act is performed with small changes,” wrote Glenn Bradford, Pursuing Perfection in the Practice of Law: An Imperfect Essay by an Imperfect Lawyer, 65 J. judges can choose from thousands of new books novelist and Academy Award winning screen- Mo. Bar 120 (May-June 2009). each year, plus Internet sources, digital and elec- writer John Irving, who recognizes that writing 15 35 William Shakespeare, Hamlet, Act II, scene 2 (“soul tronic resources, blogs, and the world’s newspa- requires “strict toiling with the language.” “I’m of wit”); William Shakespeare, King Henry V, Act III, pers and magazines available a mouse-click away. not a very good writer, but I’m an excellent rewrit- scene II (“men of few words”). 36 Federal and state judicial dockets have increased er,” reported James A. Michener, who could not 16Robert Browning, Andrea del Sarto, in Pictor Ignotus, faster than population growth for most of the “recall anything of mine that’s ever been printed in Fra Lippo Lippi, Andrea Del Sarto 32 (1925). 37 past generation or so, limiting judges’ patience for less than three drafts.” 17Tryon Edwards, A Dictionary of Thoughts 52 24 overwritten submissions. Judges may sense when Dr. Seuss, who wrote for a particularly demanding (1899) (quoting Smith). they have read enough of a brief, just as counsel audience, estimated that “[f]or a 60-page book, 18Ambrose Bierce, The Devil’s Dictionary 92 (1911) researching precedents may grow bored with an I’ll probably write 500 pages. . . . I winnow out.”38 (short story padded); Gregory Kane, Worst Part of Mov- overwritten judicial opinion. Counsel may have ies Today Is Story Between the Credits, Baltimore Sun, The rewards of winnowing may become appar- Sept. 6, 2000, at 1B. no choice but to plod through an opponent’s ent only with the finished document. “To get unwieldy brief or motion papers, or through un- 19Anton Chekhov, The Duel and Other Short the right word in the right place is a rare achieve- Stories, Note, at vi (2003). necessarily verbose legislation or administrative ment,” said Mark Twain, whom novelist William regulations or private agreements, though the 20Dominique Enright, The Wicked Wit of Winston Dean Howells once called “sole, incomparable, Churchill 19 (2001) (quoting Churchill). writer still risks obscuring important points amid the Lincoln of our literature.”39 “To condense the the baggage. 21Eric Pace, Barbara Tuchman Dead at 77; A Pulitzer- diffused light of a page of thought into the lumi- Winning Historian, N.Y. Times, Feb. 7, 1989 (obitu- Judges, in particular, can appreciate this short verse nous flash of a single sentence, is worthy to rank ary). by Theodor Geisel (“Dr. Seuss”), who wrote for as a prize composition just by itself,” Twain ex- 22The Letters of Robert Louis Stevenson to His children, but often with an eye toward the adults: plained. “Anybody can have ideas -- the difficulty Family and Friends 339 (Sidney Colvin ed., 1899) “[T]he writer who breeds/ more words than he is to express them without squandering a quire of (letter of Oct. 1883). needs/ is making a chore/ for the reader who reads./ paper on an idea that ought to be reduced to one 232003 Jefferson Lecture in the Humanities, David That’s why my belief is/ the briefer the brief is,/ the glittering paragraph.”40 McCullough Interview, The Title Always Comes Last 3, greater the sigh/ of the reader’s relief is.”25 http://www.neh.gov/whoweare/mccullough/interview. This concludes the first part of a multi-part series spe- html (Mar. 4, 2010). 3.“I have made this [letter] longer, because I have not cial to The Briefs. 24Judicial Conf. of the U.S., Long Range Plan For the had the time to make it shorter” – French writer and Douglas E. Abrams, a law professor at the Uni- 26 Federal Courts 9-12 (1995); ABA Comm’n on the 21st mathematician Blaise Pascal. versity of Missouri, has written or co-authored Century Judiciary, Justice in Jeopardy 39 (2003) (state As any brief writer knows who has ever tried to five books. Four U.S. Supreme Court decisions courts). present an argument within page limits imposed by have cited his law review articles. “What Great 25Richard Nordquist,“We Can Do Better”: Dr. Seuss on Writ- court rules, achieving brevity without diminished Writers Can Teach Lawyers and Judges” first ap- ing, http://grammar.about.com/od/advicefromthepros/a/ peared in Precedent, Fall 2010, Vol. 4, Issue 4 and seusswrite09.htm (Mar. 4, 2011). meaning is no easy chore. Without rules or other 26 formal restraints, verbosity can seem the path of is reprinted by permission of the Missouri Bar As- Blaise Pascal, Lettres Provinciales, letter 16 sociation and Douglas E. Abrams. (1657); see also Shutta Crumm, Using Picture Books least resistance. British poet, essayist and biogra- to Teach Literary Techniques, Book Links 57, 57 (Mar. pher Samuel Johnson, however, aptly likened “[a] 2007) (quoting Mark Twain: “I didn’t have time to write man who uses a great many words to express his a short letter, so I wrote a long one instead.”). 1 meaning” to “a bad marksman who, instead of aim- Abraham Lincoln, Second Lecture on Discoveries and 27Speaker’s Corner, Independent on Saturday (South Af- ing a single stone at an object, takes up a handful Inventions 4 (Feb. 11, 1859), http://teachingamerican- rica), June 12, 2010, at 8 (quoting Johnson). 27 history.org/library/index.asp?document=2508 (Mar. 4, and throws at it in hopes he may hit.” 2011). 28Anecdotes by William Seward, F.R.S., in II Johnso- Conciseness demands self-discipline and clear 2 nian Miscellanies 309 (George Birkbeck Hil ed., 1897) Felix Frankfurter, When Judge Cardozo Writes, The New (quoting Johnson). Republic, Apr. 8, 1931, http://www.tnr.com/article/ thinking, usually through multiple drafts. Achiev- 29 ing brevity can be particularly hard work nowa- politics/when-judge-cardozo-writes (Mar. 4, 2011). Henry David Thoreau, Walden and Other Writ- ings 22 (Joseph Wood Krutch ed., 1981). 3Oliver Wendell Holmes, The Profession of the Law, in days because computers may grease the skids for 30 verbosity, but Johnson was right that “[w]hat is Collected Legal Papers 29 (1920) (Wm. S. Hein ed. Elsie Goth Marshall, 1936: Red Cloud, The Ne- 1985). braska Alumnus (1936), available at http://cather.unl. written without effort is in general read without edu/bohlke.i.32.html (quoting Cather) (Mar. 4, 2011). pleasure.”28 4Jay Wishingrad & Douglas E. Abrams, The Lawyer’s Bookshelf, N.Y.L.J., Dec. 12, 1980, at 2 (reviewing Rich- 31Paul Brooks, The House of Life: Rachel Carson “Not that the story need be long,” said transcen- ard C. Wydick, Plain English For Lawyers (1st ed. 1979)) At Work 1-3 (1972). dentalist writer Henry David Thoreau, “but it will (good writing about a legal subject) 32Carlos Baker, Hemingway, the Writer as Artist take a long time to make it short.”29 Editing by 5Archibald MacLeish, Book Review, 78 Harv. L. Rev. 71 (4th ed. 1972) (quoting Hemingway). the writer and others remains central, even though 490, 490 (1964) (reviewing David Mellinkoff,The Lan- 33George Plimpton, Writers At Work 124 (1963); lawyers and judges typically write under time pres- guage of the Law (1963)). Ernest Hemingway, The Art of Fiction, The Paris Re- sures (and, in the lawyer’s case, also financial pres- 6Henry Weihofen, Legal Writing Style 8-104 (2d ed. view Interview, 1956. sures) that might not constrain other writers. “It is 1980) (discussing the four fundamentals). 34Donald Murray, The Craft of Revision (1991) 7 not the writing but the rewriting that counts,” said Mark Twain, Reply to the Editor of The Art of Author- (quoting Hersey). continued page 29 the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 11 Mark your calendar Legal Aid Society of the Orange County Bar Association, Inc. presents August 9 Family Law Legislative Update TUESDAYS Speaker: Angel Bello-Billini, Attorney at Law CLE Applied for 12:00 p.m.-1:30 p.m. Comerica Bank August 23 111 North Magnolia Avenue, Suite 1000 The Foster Care System and Teen Parents (GAL topic) Speakers: Doris Mackey, GAL Case Coordinator Cara 10th Floor, Corner of Magnolia and Washington Dobrev, Attorney at Law CLE Applied for Orlando, FL 32801 September 13 Public Benefits Speaker: Edward Dimayuga, Attorney at Law May 10 CLE Applied for Advocacy Tools for Effective Representation in Unemployment Compensation Appeals September 27 Speaker: Sally McArthur, Attorney at Law Mental Health Disorders in Children (GAL topic) CLE Applied for Speaker: Jennifer Schmidt, GAL Case Coordinator May 24 CLE Applied for When Permanency Isn’t Permanent: What to do when a Dependency Case Re-opens (GAL topic) October 4 Temporary Custody of Minor Children Using Chapter 751 to Speaker: Stephanie Stewart, Attorney at Law Obtain Custody by a Family Member: The Advantages, Limits CLE Applied for and Practical Issues June 14 Speakers: William Davis, Attorney at Law Basic Dissolution of Marriage with Children for Pro Bono Catherine Tucker, Attorney at Law CLE Applied for Attorneys (Limited enrollment for training available to non-family October 18 practitioners who will accept referrals of DOM cases from Legal Children’s Developmental and Medical Issues and Services Aid. Focus on pleadings and initial filing issues.) (2 hours) in Orange County (GAL topic) Speaker: Angel Bello–Billini, Attorney at Law CLE Applied for Speaker: Ericka Garcia, Attorney at Law CLE Applied for June 28 The New Kid in Town: An Introduction to CBC of Central November 1 Landlord Tenant Law Update Florida (GAL topic) Speakers: Larri Thatcher, Attorney at Law Speaker: Cara Dobrev, Attorney at Law CLE Applied for Michael Resnick, Attorney at Law CLE Applied for July 12 Defenses to Garnishment December 6 Immigration Speakers: Larri Thatcher, Attorney at Law Speaker: Charles Conroy, Attorney at Law Michael Resnick, Attorney at Law CLE Applied for CLE Applied for For OCBA members, the training is free. For non-OCBA members July 26 participating in the LAS pro bono program, the training is free. Pre- The Basics of Special Education Law for Dependent registration is required for the free lunch and requested for training Children (GAL topic) (or subject to space availability if not pre-registered). For more Speaker: Bethanie Barber, Attorney at Law information, please email: [email protected] or mcarbo@ legalaidocba.org or [email protected]. CLE Applied for PARKING WILL BE VALIDATED THE DAY OF TRAINING. WE WILL NOT REIMBURSE PARKING VOUCHERS. For more information, please contact Cathy Tucker at [email protected]; Marilyn Carbo at [email protected]; or Michelle Erazmus at [email protected].

PAGE 12 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5 FoundationNews

Teaching Teachers at the Teacher’s Legal Institute

he Orange County Bar Foundation and the Following lunch, the focus will shift to federal Middle District of Florida’s Historical Society court practice. During the first session, U.S. Dis- Thave joined together to present the first an- trict Court Judge Gregory J. Presnell, U.S. Dis- nual Teacher’s Legal Institute. The Institute will trict Court Judge John Antoon, II and assistant be held on May 20, 2011, at the United States U.S. attorney Vincent J. Citro will provide an Courthouse, 401 West Central Boulevard, Orlan- overview of practice in the federal court. Other do, Florida. The goal of the program is to teach federal professionals, including panelists Bank- a select group of Central Florida educators about ruptcy Judge Arthur B. Briskman, Magistrate Richard S. Dellinger the Central Florida legal system with the goal of Judge Gregory Kelly and Assistant Public De- having those educators then teach their students fender Jim Skuthan, will discuss substantive law the same materials. in the federal courts. The Institute was modeled after similar institutes Andrew Sorrell of Lowndes, Drosdick Doster presented in Tampa, Florida and Billings, Mon- Kantor & Reed, P.A., president of the Orlando tana. The full-day seminar will be provided free Chapter of the Federal Bar Association, will close of charge to the educators. The program will be the Institute with a summary of the day’s presen- funded entirely by the Middle District of Florida tations and will recognize the teachers for their Bench Bar Fund, a fund that was created from the participation. fees charged to those who renew their member- The Institute is one of the many ways the Orange ship in the U.S. District Court for the Middle County Bar Foundation and the Middle District District of Florida. The Institute will be held in of Florida Historical Society are reaching out space donated by the U.S. District Court, and all to the community and forging strong ties with of the speakers at the Institute will provide their both educators and those that they educate. The seminars without an appearance fee. Orange County Bar Foundation has sponsored The Institute will begin promptly at 9:00 a.m. high school moot court teams, special law week with welcoming statements by the Orange Coun- activities and the Florida Supreme Court’s Justice ty Bar Association Foundation president, Jessica Teaching Initiative. Hew of Burr & Forman, LLP. Afterward, the With your support, the Orange County Bar OCBA president-elect, Tom Zehnder of King, Foundation will continue to forge strong ties Blackwell, Downs & Zehnder, P.A., will provide with the community for the betterment of Cen- an overview of the materials, speakers and legal tral Floridians as well as the legal profession. The areas that will be covered. The session will then be members of the Orange County Bar Foundation turned over to a panel of state court professionals, appreciate your continued support. who will provide an overview of state court prac- Richard S. Dellinger is a shareholder with Lowndes, tices. Jessica and Orange County Circuit Judge Drosdick, Doster, Kantor & Reed, P.A. He serves as a board Bob LeBlanc have agreed to present an overview member with the Orange County Bar Foundation and of practice in the state court. Rounding out the serves on the Middle District of Florida Historical Soci- morning, Orange County Circuit Judge Freder- ety. He has been a member of the OCBA since 2002. ick J. Lauten, Orange County Circuit Judge Julie H. O’Kane and Orange County Bar Founda- tion board member Wiley Boston of Holland & Knight LLP will form a panel to provide a presen- tation on substantive issues. Participants will break for lunch and hear a pre- sentation from Scott Gabrielson of Mateer Har- bert, who will speak about Florida’s legal history, using historical photographs and artifacts. Scott is well known for the historical perspective he provides to community leaders, including those who have participated in Leadership Orlando.

the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 13 DEX imaging is one of the leading providers of office equipment • Award-Winning Product Offerings in the United States. We sell, lease & service printers, copiers, • World-Class Technical Support fax units, mulitfunctional systems, large format devices, and a • Flexible Financing full line of data scanning & digital archiving solutions. • Customized Service Contracts • Reduced Costs for Service & Supplies Here are just a few of the reasons why so many law practices • Four Hour Service Response partner with DEX imaging: • National Network of Service Locations

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PAGE 14 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5 JudicialInvestitures

nvestitures were held on Friday, March 4, 2011, president of the OCBA. Patricia Bruno and Clif- for the Honorable Mike Murphy, the Honor- ford Murphy performed the enrobing. able Donald A. Myers, Jr. Honorable I and the Michael K. Bailey, Esq. introduced Judge Don- Keith F. White as judges of the Ninth Judicial ald A. Myers, Jr., and the Honorable Charles A. Circuit Court. The ceremony was held at the Davis, Second District Court of Appeal, admin- Sheraton Orlando Downtown Hotel and was at- istered the oath of office. Judge Myers’ enrobing tended by more than 175 family members, friends ceremony was performed by Deborah G. Myers, and colleagues. Donald A. Myers III, Jesse M. Myers, Casey C. Dr. Bob Bushong of the First United Methodist Myers and Anna G. Myers. Church of Winter Park gave the invocation and Judge Keith F. White was introduced by J.D. the Honorable Belvin Perry, Jr., Chief Judge of Hatfield, the oath of office was administered by the Ninth Judicial Circuit, gave the opening re- the Honorable Renee A. Roche of the Ninth Ju- marks and introduced the dignitaries, including dicial Circuit, and Shara M. White performed the former Florida Governor, Charlie Crist. enrobing. Judges Murphy, Myers and White were presented Following remarks by the three newly invested with gifts by the Honorable Frederick J. Lauten judges, the Reverend Greg Mills gave the bene- of the Ninth Judicial Circuit on behalf of the diction and Judge Perry gave closing remarks. A Conference of Circuit Court Judges, the Honor- reception was held immediately following the able Lydia Gardner, Clerk of Courts, and Frank ceremony. M. Bedell, Esq., president of the Orange County Bar Association. Frank acknowledged gifts and well wishes from ABOTA, CFAWL, CFGLLA, CFTLA, GOAA- BA, HBACF, PCPBA, the Caribbean Bar Association of Central Florida, George C. Young First Central Florida American Inn of Court, Legal Aid Soci- ety of the OCBA, the Osceola County Bar Association and the OCBA Profes- sionalism Committee. Judge Mike Murphy was introduced by Stuart I. Hyman, Esq., and was admin- istered the oath of office by Thomas A. Zehnder, Esq., president-elect/vice

PhotoOps

Howell Melton, a partner in the firm’s Orlando office, has been elected Vice Chair of Enterprise Florida’s Board of Directors. As Vice Chair of Enterprise Florida, Inc. Allan Bense, former Speaker of the Florida House of Representatives and President of Bense Enterprises Inc., passes the Vice Chair’s gavel to Howell Melton. Gov. Rick Scott pictured at right.

Courtesy of Brandon Carson

the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 15 YLS on the move pril showers bring May flowers – and the be- and executing this great event. YLS would also like ginning of a new year for the Young Lawyers to thank U.S. Legal Support for its sponsorship of ASection of the OCBA! YLS will be passing the kickball tournament. the gavel and swearing in the new YLS board this After the illustrious Orange County Bar Associa- month, and you can be there to see it happen at the tion Gala on April 16, 2011, the YLS invited Gala- YLS May Luncheon. The details are below. We look goers to continue the fun at the YLS-sponsored forward to the coming year and planning new op- After-Party. Young lawyers and friends gathered portunities to provide young lawyers with fun and at the Vintage Lounge and continued the party well worthwhile experiences! But first, let’s take a look at into the night. Look for pictures from this event in some of the YLS’ events from the past few months: upcoming issues of The Briefs! On February 17, 2011, the YLS hosted a happy The YLS wound up its year with the End-of-Year Big hour at The Downtown Pour House to benefit Social on April 20, 2011, at Ember in downtown Brothers Big Sisters of Central Florida (BBBS). Orlando. YLS members enjoyed the opportunity to Young lawyers turned out in great numbers to enjoy connect with other members in this casual setting. food and drinks and show their support for BBBS. The event was generously sponsored by M&I Bank, Jacquelynne J. Regan BBBS makes meaningful, monitored matches be- Barry Law School and FAMU Law School. tween adult volunteers (Bigs) and children (Littles), ages six through 18, in Orange, Seminole, Osceola, YLS was proud to sponsor the joint happy hour Brevard and Lake C,ounties to enable Littles to to benefit Japan on April 21, 2011. The event was thrive in all areas of life. Many thanks to all who organized by the Hispanic Bar Association of attended for donating $573 to BBBS, as well as to Central Florida, the Greater Orlando Asian the YLS Board of Directors for matching the dona- American Bar Association, the Central Florida tions! Special thanks to the law firm Hillary, P.A. Association for Women Lawyers, the Central and Amy Moline, of Keller Williams Realty for Florida Gay and Lesbian Law Association and co-sponsoring this fundraising happy hour! the Paul C. Perkins Bar Association. The well- attended fundraiser was held at Mojo Bar & Grill, On Saturday, February 19, 2011, The Florida Bar and all proceeds were donated to the Red Cross’ Ja- Young Lawyers’ Division Law Student Division pan Relief Fund. chair, Melanie Griffin, oversaw the Second An- nual Raising the Bar, a statewide community ser- On April 30, Young Lawyers participated in the vice day organized by the division that encourages Young Lawyers Roundtable with the Judiciary Florida’s legal professionals to participate in com- at the 2011 Judicial Conference of the 11th Circuit munity service projects across Florida on the same Court of Appeal at the Disney Swan Hotel. This day. In Orlando, division liaisons Liz McCausland CLE opportunity also provided young lawyers with and LaShawnda Jackson assisted their division a unique chance to interact with federal judges and governors in hosting a service project at the Lilley discuss a range of legal issues facing the courts to- House, a part of the Children’s Home Society. Ap- day, as well as their day-to-day activities, preferences proximately 40 student and young lawyer volunteers and war stories. spent the morning landscaping, cleaning the play- Looking for a worthwhile way to earn CLE cred- ground, and completing other beautification tasks its and connect with young lawyers from through- to ensure that at-risk mothers and children have a out the nation? The ABA YLD will be holding its safe environment in which they can interact posi- Spring Conference at Caesar’s Palace in Las Ve- tively together. Many thanks to all the volunteers gas from May 12 through May 14, 2011. For more who assisted with this project, especially the fol- info, go to: http://www2.americanbar.org/calendar/ lowing Barry and FAMU division governors who young-lawyers-division-spring-conference-2011/ worked hard planning it: Kaley Austin-Aronson, Pages/default.aspx Daniel Berger, Chris Castillo, Amber Drummond, Brown Bag Luncheons May Eric Everson, Latasha Lessington, Abigail Niebch, The next two will be 5, 2011 Amit Schlesinger, Terra Sickler, Vanessa Tuttle and (Interrogatories: Propounding and Answer- June 9, 2011 Shantel Woodard. ing), and (Dealing with Experts). Please feel free to bring your lunch and learn while On Saturday, April 2, 2011, YLS hosted the first you eat. Please tell security you are attending the annual OCBA YLS Kickball Tournament! This Brown Bag Luncheon with Judge John Kest in the eight-team double-elimination tournament wel- Judicial Conference Room on the 23rd floor so comed families and non-lawyers to team up with you will be permitted to bring your lunch through YLS members for some serious kickball. The security. Each luncheon will provide 1.5 hours of weather was great and the competition was fierce. CLE credit. If you are interested in joining Judge The championship game featured Dean Mead vs. Kest for the next Brown Bag Lunch, please contact GrayRobinson – with Dean Mead, led by Felipe Judge Kest’s Judicial Assistant at 407-836-0443 or Guerrero, taking the title and the three-foot tro- [email protected]. phy! Props go out to Chad Crews for organizing PAGE 16 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5 On May 19, 2011, we will have our annual For the June IDignity program, YLS Taylor Kessel at [email protected]. Passing of the Gavel His- “ ” ceremony at the members will be teaming up with the To find out more about the YLS and its Eric Reed panic Bar Association June 16, 2011 University Club, where , presi- on . committees and events, please contact me dent of the YLS, will hand over the gavel Five downtown Orlando churches and at 407-418-6438 or reganjj@lowndes-law. LaShawnda Jack- to the president-elect, their volunteers partner with federal, state com. If you are not receiving the YLS email son . This luncheon is always a memorable and local agencies to establish a one-stop blasts, send an email to admin@ocbayls. one as the president reviews the past year’s event to facilitate the distribution of per- org to sign up! events and accomplishments, and former sonal identification and other vital docu- Jacquelynne J. Regan is an attorney with YLS presidents offer their invaluable- ad ments. Young lawyers are needed to assist Lowndes, Drosdick, Doster, Kantor, & Reed, P.A. vice to the incoming president. Please homeless people in obtaining Florida ID She has been a member of the OCBA since email your RSVP to [email protected]. cards and other documents necessary to se- 2007. If you RSVP by May 17, 2011, the cost is cure housing, employment, medical treat- $20 for lawyers and $12 for law students, ment and bank accounts. Lunch will be government attorneys, solo attorneys, and provided by YLS. To sign up for the early judges; a late charge of $2.00 will be added shift (7:00 a.m. to noon) or the late shift if you do not RSVP. (11:00 a.m. – 3:00 p.m.), please contact Valuation & Litigation Services

Business Valuations itigation upport L S YLS Holidays in January benefitted Forensic Accounting the Boys & Girls Club, Arnold Palmer Hospital and United Cerebral Palsy

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DAYTONA BEACH MAITLAND/ORLANDO MIAMI BIRMINGHAM the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 17 President’sMessage continued from page 3 together quickly and passed a resolution which expressed our appre- HONEYWELL MEDIATION ciation for the OCBA lawyer-legislators, supported our judiciary, and urged additional discussion on legislation that might affect the effective & Other Alternative Dispute Resolution Services administration of justice. The OCBA’s resolution was then picked up by other voluntary bar associations around Florida, which used our Care to know how to improve resolution as a template for their own. your success in mediation? This good work of coming together for a greater purpose will certainly Like all attorneys and judges, mediators also compare notes continue under the OCBA’s new president, Tom Zehnder, and incom- and have ideas on what works and what doesn’t. At your con- venience, read my ongoing Educational Blog at my website: ing officers, Krystine Kennedy, Paul Scheck, and Nick Shannin. Tom www.honeywellmedition.com to gain some free Mediator’s has great judgment and vision, and I feel good about turning things insight from the privacy of your computer. over to Tom and the gang. Finally, I would like to express my appre- Visit my website: www.honeywellmediation.com to find ciation for the OCBA’s terrific staff, which is headed by our excellent who I am, my online schedule, my educational blog, and executive director, Brant Bittner. Brant and his team helped make this what I offer you and your client who may be seeking success job easier, and I appreciate their help as well as the support I have re- without trial. My unique credentials and experience can be a ceived from many of you. With that in mind, I’m off to the next thing. useful and valuable added resource in finding resolution to your Thanks for letting me serve with you in the best voluntary bar associa- client’s dispute. tion in the nation. • Certified Circuit Civil Mediator • Certified Federal Court Mediator Frank M. Bedell is a shareholder with Winderweedle, Haines, Ward & • Board Certified Civil Trial Lawyer • Panel Member, Mediation, Inc. Woodman, P.A. He has been a member of the OCBA since 1987. Call Honeywell Mediation /Mediation, Inc: In fact, the little details are by far the most important. Sherlock Holmes Winter Park: 407-647-5155 When meticulous and precise examination is in order... Tom Gillmore Orlando-Central Florida: 407-294-7000 Forensic Accounting Business Valuations Statewide-National: 800-741-7000 Neutral, convenient conference Litigation Support Fraud Examination facilities on Lee Road in Winter Park.

407.716.4795 GillmoreAccounting.com Available anywhere in Central Florida without travel charge. Dan H. Honeywell 1/4 page OCBA The Briefs, May 2011

HONEYWELL MEDIATION

& Other Alternative Dispute Resolution Services Does your mediator have an online calendar for scheduling? Upon the effort begun during mediation, a large number of mediations can be resolved after formal mediation has concluded. If you can’t resolve your matter initially, your mediator can use post-mediation opportunities to find a prior-missed resolution. Dan H. Honeywell Visit my website: www.honeywellmediation.com to find who I am, my online schedule, my educational blog, and what I offer you and your client who may be seeking success without trial. My unique credentials and experience can be a useful and valuable added resource in finding resolution to your client’s dispute. • Certified Circuit Civil Mediator • Certified Federal Court Mediator • Board Certified Civil Trial lawyer • Panel Member, Mediation, Inc. Call Honeywell Mediation/Mediation, Inc: Winter Park: 407-647-5155 Orlando-Central Florida: 407-294-7000 • Statewide-National: 800-741-7000 Neutral, convenient conference facilities on Lee Road in Winter Park. Available anywhere in Central Florida without travel charge. 1/6 page OCBA The Briefs, June. 2011

PAGE 18 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5 under construction!

Guided by Faith. Educated for Life. Serving K-8 ,OCATEDINTHEHEART OFDOWNTOWN/RLANDO thechristschool.org

You’ll Over %#HURCH3TREETs/RLANDO &, The Christ School!    the2gc_TCS Brie fOpens May House 2011 Elem Vol. Ad 798x5.125_10_10 No. 5 .indd 1 www.orangecountybar.org 10/20/10 3:11:27 PAGE PM 19 OCBA Luncheon | February 24, 2011 Sponsored by Westlaw OCBA Luncheon | March 24, 2011 Co-hosted by the Paul C. Perkins Bar Association Sponsored by Marsh U.S. Consumer, Lucas Boyce, Director of Community Relations, Multicultural Insights & Government Affairs - Orlando Magic a service of Seabury & Smith, Inc. Co-hosted by the OCBA Professionalism Committee

Professionalism Committee Chair Jim Edwards presents the Lawrence G. Mathews, Jr. Young Lawyers Professionalism Bruce Blackwell Award to Penelope Warren Channell Perez-Kelly Lucas Boyce Frank Bedell

Leon Handley

Robert Magill accepts the William B. Trickel, Jr. Professionalism Award on behalf of his father, Pat Magill, from Jim Edwards Lucas Boyce Sharon Ecker, Judge Cynthia Mackinnon Marsh U.S. Consumer, Elizabeth Wheeler a service of Laura Edison Cosgrove, Lindsey Franco, Wiley Boston, Seabury & Christine Lomas Smith, Inc. Wiley Boston, Nora Hall, Kimberly Derry, Kayla Mudge, Sallay Jusu, Jeffrey Gitto, Patrick McGinley

Charlie Kiester, Westlaw

Frank Bedell captured in a presidential moment addressing attendees at the OCBA November 2010 luncheon. Photo: Flo Boehm

Lucas Boyce (center), with PCPBA officers Jonathan Blocker, parliamentarian; Warren T. Channell, president; Harriet Brown, treasurer; Jerry Girley, president-elect Tom Zehnder presents a 100% Club certificate to Roger Brown and Frank Hild of Gregory S. Martin & Associates, P.A.

PAGE 20 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5 the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 21 OCBA Luncheon | February 24, 2011 Sponsored by Westlaw OCBA Luncheon | March 24, 2011 Co-hosted by the Paul C. Perkins Bar Association Sponsored by Marsh U.S. Consumer, Lucas Boyce, Director of Community Relations, Multicultural Insights & Government Affairs - Orlando Magic a service of Seabury & Smith, Inc. Co-hosted by the OCBA Professionalism Committee

Professionalism Committee Chair Jim Edwards presents the Lawrence G. Mathews, Jr. Young Lawyers Professionalism Bruce Blackwell Award to Penelope Warren Channell Perez-Kelly Lucas Boyce Frank Bedell

Leon Handley

Robert Magill accepts the William B. Trickel, Jr. Professionalism Award on behalf of his father, Pat Magill, from Jim Edwards Lucas Boyce Sharon Ecker, Judge Cynthia Mackinnon Marsh U.S. Consumer, Elizabeth Wheeler a service of Laura Edison Cosgrove, Lindsey Franco, Wiley Boston, Seabury & Christine Lomas Smith, Inc. Wiley Boston, Nora Hall, Kimberly Derry, Kayla Mudge, Sallay Jusu, Jeffrey Gitto, Patrick McGinley

Charlie Kiester, Westlaw

Frank Bedell captured in a presidential moment addressing attendees at the OCBA November 2010 luncheon. Photo: Flo Boehm

Lucas Boyce (center), with PCPBA officers Jonathan Blocker, parliamentarian; Warren T. Channell, president; Harriet Brown, treasurer; Jerry Girley, president-elect Tom Zehnder presents a 100% Club certificate to Roger Brown and Frank Hild of Gregory S. Martin & Associates, P.A.

PAGE 20 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5 the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 21 PAGE 22 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5 SpecialFeature

The Basics: Marketing Your Law Firm Online hile the economy has been slow, tough Fortunately, what appeals to search engines is economic times can be an opportunity what clients want, too: a site that is easy to find Wfor law firms that have a strong marketing and use, that is updated often and that provides strategy in place and stick to it. relevant, non-generic information about your Consider that in the last major downturn, 1981- firm and its unique services. Keeping your site 82, law firms that maintained or increased their fresh and timely, and working with a Web partner marketing expenditures saw significantly higher who can help with coding it correctly and choos- sales growth - both during the recession and for ing keywords, goes a long way toward improving the next three years - than those that decreased search rankings and maximizing your visibility. or eliminated marketing. When other firms cut Inbound links and legal directories are other tools back, the impact of your message goes up. The you can use to raise your firm’s online profile. An key is making every dollar count, and for law inbound link is a listing on another Web site that firms, like other businesses today, that means fo- links back to your site. The ideal inbound link is cusing on the Internet as the most cost-effective from a popular, high-quality site that is relevant tool at your disposal for promoting your firm and to your practice - from another law firm or a legal generating new clients. publication, for example. Accumulating quality Web-based marketing is critical because it is links brings more (and better-qualified) prospects Google or Yahoo, not the print yellow pages, that to your site and enhances your credibility with most of your potential clients (and colleagues) search engines. now turn to first for information to research a Links to your site from highly trafficked legal di- problem, validate a referral or make a key deci- rectories like Findlaw.com also help build your sion like hiring legal representation. In a recent online visibility. Legal directories help you target survey about local search user behavior, search clients in your locale and make it easy for them to engines have pulled ahead of print yellow pages as find you and follow up. the leading source for local business information. Of course not all online marketing will make About 73% of adults in the U.S. use the Inter- sense for your firm. Think carefully before invest- net regularly, for an average of about 15 hours a ing in pay-per-click, for example, which are the week, and by 2012 it is expected that 217 million sponsored links on the right-hand side of search Americans will be online. result pages. While pay-per-click can be effective Think of your Web site like a funnel. Sooner or in targeting highly specialized markets, most user later, most of your prospects will come through clicks (six out of seven) are generated by stan- it. Some will get there from a search engine, or dard, organic results. Typically, firms are better after seeing the site address on your print or Yel- off focusing on legal directories, accruing quality low Pages ad. A prospect may get your name from inbound links and keeping their Web sites infor- a friend or family member but then go online for mation-rich and compelling. the kind of detailed, in-depth information only Design the Web can provide. Online, first impressions are everything. The typi- As you know, however, it is not enough just to cal Web user decides in just seconds to either ex- have a Web site. The law firms that succeed online plore your site or click the back button. - that convert prospects and get the most benefit Site design plays a key part in convincing them to from their promotional budgets – are those that stay. Effective design stresses clarity over complex- focus on the three keys to effective Internet mar- ity, and uses photos and other visuals to identify keting: visibility, design and content. your geographic location and market niches. It Visibility also gets the small but critical details right – en- Whether they are online to shop, work or research suring your contact information is prominently a legal issue, most Internet users start at a search displayed on every page, for example. engine. In fact, about 80% of Web traffic begins Why are site design and other key elements so at sites like Google. That is why it is critical to important? Research shows that when online optimize your site to rank high in search results to consumers choose to contact an attorney, 56% get noticed online, where standing out from the call only one attorney, and 70% make a hire. crowd can be a challenge. The typical online prospect, in other words, has a continued page 30 the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 23 SpecialFeature

What Do You Mean I Wasn’t Picked for the Jury?

e may all respond to a Juror Summons parking ticket stamped and sat down. I think I differently, but I am pretty certain all of went through the process in about a minute and Wus have some sort of a marked response. a half. Of course, there were those who claimed Some of us immediately open it up, look at the that they could not do the jury questionnaire on- number and hope it is high enough that the line, those who forgot their photo I.D. (although chances of having to appear for jury duty are they were reminded to bring it on the recording), slim. Others start immediately thinking of all the and those who left their parking ticket in their possible ways to get out of jury duty. Still others car despite the recorded announcements stating start envisioning what might happen if they were that they needed to bring their ticket in order for Jamie Billotte Moses to get picked for the Casey Anthony trial. Then it to be stamped. Again, a case study in human there are a few of us who briefly contemplate the nature. possible inconvenience, but hope maybe this one The juror room is quite comfortable. There are time we might get picked. I fall into the latter plenty of chairs, plenty of tables and many op- category. portunities to plug in one’s laptop. The Division When I opened my Summons my number was of Blind Services runs a fully stocked refresh- 420. I was pretty confident that was a low enough ment stand. It was clear that the majority of the number that I was going to have to show up at courthouse staff used the refreshment stand as the reported time. The Friday before my Monday well. Fresh food, fresh coffee and plenty of other appearance, I called the number as instructed on goodies were available for purchase. Additionally, my Summons and listened patiently to the very there were several fully stocked vending machines thorough instructions. It was clear that I would in the hall. Nobody was going to go hungry dur- have to appear. I was actually happy about that. I ing jury duty. also noticed that the instructions were incredibly For almost the first hour everyone pretty much sat detailed and specific. Not surprisingly, however, around and engaged in idle chatter. A couple of on Monday morning when the clerk began to re- coworkers summoned on the same day discussed peat those instructions, there were several people their office and mutual acquaintances. No, I was who clearly had not bothered to call in, and if not eavesdropping; they were sitting probably 25 they did, did not listen to the instructions. For feet away from each other and screamed their re- example, when reminded that people were not sponses back and forth to each other. One young allowed to back into the parking spaces, several woman apparently was having a fight with her people immediately jumped up and ran out to boyfriend on the phone and cried and screamed the garage to move their car. Jury duty, if any- for all the rest of us to hear. Still another wom- thing, is a study of human behavior. an proceeded to share with her table mate every Monday morning I dropped my kids off at school medical ailment she has. It was amazing how fa- and went straight to the courthouse. I arrived at miliar people were. I guess for many the old ad- about 7:45 a.m. with a briefcase full of work for age “misery loves company” applied. For about the day and a good attitude. I sat down at a table the first 45 minutes everyone just sat around and and waited with anticipation as the room began waited with anticipation for the day’s duties to to fill. Two very nice ladies sat down at my table. begin. Throughout the morning a nice video put One was a single mom going through school who together by the Orange County judges played at was incredibly frustrated with the prospect of regular intervals. The video is actually quite well having to serve on a jury. The other was a retired done and very informative. woman who, like me, seemed excited about the Around 9:00 a.m., a wonderfully entertaining and experience. Once they found out I was a lawyer, comforting woman by the name of Sonja Maylor the one who didn’t want to serve asked what she (Jury Services Coordinator) got up to explain could possibly say to get herself stricken, while various things about the day, including what to the other asked questions about the process and expect, what to do and what not to do. She re- what she might expect. peated everything that was on the recording and At 8:00 a.m., an announcement was made advis- everything that was said earlier in the morning, ing those in the room that they needed to check and still there were people who got up to move in. Those who filled out the juror questionnaire their car because they had backed into a parking the night before went to a very short line, pre- space or had forgotten their parking ticket. This sented their I.D., received their badge, got their woman was incredibly funny, incredibly welcom- PAGE 24 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5 ing and very patient. I am convinced she must be a stand-up co- Now it was time for the state to ask questions. Assistant State At- median on the weekends. torney Ryan Williams was immediately effective. He asked some At about 9:15 a.m., the moment we had all been waiting for arrived. very good questions about assumptions people make and conclu- It was announced that a jury pool of 20 was going to be called. sions they draw without actually having any knowledge regarding We were asked to listen for our number and come to the front of the specific facts or circumstances. I was quite impressed with his the room. I immediately packed up all my belongings because I questioning and grew more excited to have the potential opportu- assumed I was going to be called (why I assumed I was going to be nity to participate in the trial if voir dire was any indication of how one of the first 20 out of 575, I have no idea). You learn quickly he was going to conduct himself during the trial. The defense at- that the numbers are in ascending order. Given I had a rather high torney was Will Jay, who was equally impressive with his question- number, I waited to the end to see if I would be called. When they ing of the jury. It was clear that the trial was going to be handled announced how many jurors were going to be called, they also told by two very skilled lawyers. you which judge you would be before. Instantly, I knew whether it I grew excited thinking I might have an opportunity to serve, but, was civil or criminal, and I immediately began thinking of the indi- if you know me, I am not very good at maintaining a low profile. vidual judge who had been named. My number was not called that At one point, the prosecutor asked whether any jurors felt they first time. That would be the process on five more occasions. -I fi could not serve on the jury given the subjects that were going nally stopped packing up my bag, stopped getting my hopes up and to be presented. This was a case about improper touching of a started thinking about what I would do at lunch. Finally, around 12-year-old girl. At the same time, the prosecutor asked whether 11:15 a.m. we were told that 40 of us would need to come forward someone could not or would not want to hear all of the testimony for a trial before the Honorable Alan Apte. Since there were about in this case. He was then instructed by Judge Apte to ask two 45 people left in the room, I was feeling pretty confident that this separate questions. Mr. Williams proceeded to ask who could not might be my time. I cautiously packed my bag and listened for my hear this type of testimony and sit through a trial like this. A few number. Finally, my number was called! people raised their hands to indicate they felt they just could not As we proceeded to the elevators, I was reminded of all the times do it, while many people had initially raised their hands when he I have come to the courthouse to try and get on the elevators and had asked who didn’t want to do it. Nevertheless, when he was there has been a large pool of jurors waiting to go up. This time I through with his questioning regarding who felt they could not sit was one of the jurors. I saw several lawyers in town laughing and through the trial, he began to sit down. pointing. Many screamed “you know you are not going to get Unfortunately, the lawyer in me reared its ugly head, and I looked picked.” The other jurors started to look at me like I was some sort at Mr. Williams and started to speak. Mr. Williams had clearly of celebrity they just didn’t recognize. I let them think that for a been avoiding me through all of his questioning (another sign I little while. As we went up to the 18th floor, we were instructed probably was not going to be on the jury), but then asked me if I to get in two lines of 20. This time we were called out of order. had something to add. Judge Apte smirked, and I turned bright There was no rhyme or reason, but it was clear we had to be in red and said, “You were supposed to ask the second question: who that specific order. Once we were ready to go, we walked into the did not want to hear all the possible testimony.” Yes, my chances of courtroom. As soon as Judge Apte saw me he started to laugh. serving on this jury were now gone. Mr. Williams politely thanked Surprisingly, and although I know randomly, I was seated in the me for reminding him and proceeded to ask that question. Obvi- front row, in the center. It has always been my perception that the ously, when he asked whether there was anyone who simply did potential jurors who answer the fewest questions are always the not want to hear sexually explicit testimony and discussions re- ones selected. Because of where I was seated, any hope of flying garding body parts and things like that, many more hands went low under the radar was just dashed. up. I would like to think that I helped both the prosecution and Judge Apte started asking a series of questions that immediately the defense pick the best jury possible, but in reality I wish I had took away any opportunity I had to maintain a low profile. Five just kept my big mouth shut. questions in, and I was the only juror who had raised her hand or We were then given an hour and a half lunch break and told to spoken. As you can probably guess, those questions were: “Do any return at 1:30 p.m. Judge Apte mentioned that he had “just a few of you know me, the judge,” “Do any of you know the lawyers,” matters” to address at 1:30 p.m., and we would be ready to go at “Do any of you know any state attorneys,” “Do any of you know 1:40 p.m. I am fairly confident that I was the only one in the jury any judges in Orange County or the state” and “Do any of you pool that knew there was no possible way that a few matters could know any lawyers in Orange County or the rest of the state.” When be resolved in ten minutes, no matter how efficient Judge Apte we later took a break and Judge Apte instructed us to remember was. Wasn’t he dealing with a bunch of lawyers? I suspected we who we sat by, the lady next to me said, “I am next to the woman would not start up again until sometime after 2:00 p.m. and I was who knows everyone.” Yeah, there was no chance I was getting correct. Of course, Judge Apte was very quick to take the blame picked. for that (although I am sure it was not his fault) and to apologize I must say I was incredibly impressed with Judge Apte’s demean- profusely to the jurors for making them wait out in the hall. Can- or. I have known Judge Apte for years, but only through law- didly, I didn’t mind the waiting. I had a wonderful conversation yer league softball and OCBA functions. I have never seen him with a pediatrician and may have even found a contractor to do conduct himself as a judge. I was amazed at how quickly he put some work at my house. Additionally, my coworker’s husband was everyone at ease and tried to explain things as simply as possible in the same jury pool and I had a wonderful conversation with so that all could understand. I was proud of my friend for how him about their new dog. All in all, I considered the 45-minute he represented the judges of the Ninth Judicial Circuit. Unfor- wait a success. tunately, after he was done with his questioning, my chances of We then went through a few more questions before it was time sitting on the jury were slim to none. I hoped not to say anything for the lawyers to pick the jury. By the time we were done, I was during the lawyer questioning so that I still might have a chance pretty certain who would be picked. We all left the room and of being picked. continued page 30 the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 25 SideBar ay is Asian Pacific Ameri- Central Florida Association for Special thanks to everyone who can Heritage Month (AP- Women Lawyers and the Greater made the first makeover visit a MAHM), a celebration of Orlando Asian American Bar As- success! the culture, traditions and history sociation! On April 30, 2011, CFAWL of Asian Americans and Pacific CFAWL hosted a Gala Afternoon Tea Islanders in the United States. On April 2, 2011, members of at The Olde Cup & Saucer in Congress passed a joint Con- CFAWL’s Young Lawyers Com- Longwood. Members enjoyed gressional Resolution in 1978 to mittee and law students from ten types of finger sandwiches, commemorate Asian American Barry’s Women’s Lawyers Asso- tea breads, pastries, fresh baked Heritage Week during the first ciation visited Harbor House scones, Devonshire cream and a Sunny Lim Hillary week of May. The first week of of Central Florida to clean, fabulous sampling of five of “the May was chosen because two paint and redecorate the living Cup’s” best teas! important anniversaries occurred room, children’s play room and during this time: the arrival of This month, you don’t want to computer rooms at the domestic miss a special CFAWL Fashion the first Japanese immigrants in violence emergency shelter. Last America on May 7, 1843, and the Night on May 4, 2011, from year, Harbor House provided 6:30 p.m. to 8:30 p.m., at Tal- completion of the transcontinen- emergency shelter to more than tal railroad – the majority of the bot’s in Winter Park! This private 800 women and children. The fashion show and shopping event workers who laid the tracks were CFAWL Young Lawyers Com- Chinese immigrants – on May will provide you with new ways mittee will continue its donation to update and expand the versa- 10, 1869. In 1990, Congress drive through the summer as it voted to expand it from one week tility of your current wardrobe prepares for a second on-site visit with this season’s trends. Wheth- to a month-long celebration, and in the fall. For more informa- in May 1992 the month of May er you want tips on transitioning tion about Harbor House, please from the office to happy hour, was permanently designated as visit www.harborhousefl.com, and Asian Pacific American Heritage or just want to infuse your own for details about CFAWL’s ef- unique style into your courtroom Month. Megan forts, please contact chair attire, come to Talbot’s! The cost Malec Here’s the latest scoop on the at [email protected]. is $10, and RSVPs are requested 0VS
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PAGE 26 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5 to ensure enough goodies for all. RSVP to the word about this event to all colleagues! 11, 2011, earthquake and tsunami that Kimberly Lorenz at klorenz@fisherlaw- Please RSVP for the reception to CFAWL’s swept over the northern part of Japan. The firm.com. president-elect, Melanie Griffin, at mgrif- OCBA YLS generously matched funds up On May 19, 2011, CFAWL is hosting its [email protected] or 407-428-5106, on to $2,500 raised for the Red Cross Japan Grande Dame Reception from 6:00 p.m. or before Thursday, May 12, 2011. Attend- Relief Fund. Thank you to the YLS and to 8:00 p.m. at Dubsdread (in the ballroom ees may pay in advance by sending a check the numerous sponsors for their support, Lisa Gong Felipe of the main building where the restaurant made out to “CFAWL” to Melanie Griffin and to of GOAABA, Guerrero Kimberly Lorenz is located) for female attorneys who have at Dean Mead, 800 North Magnolia Av- of HBACF, Kenneth H. P. Bryk been practicing 20 years or more. The cost enue, Suite 1500, Orlando, FL 32803, or of CFAWL, of CF- Warren Channell is $25, which includes one drink ticket make payment the night of the event. GLLA and of the Paul and heavy appetizers. You do not have to Finally, on May 25, 2011, CFAWL will C. Perkins Bar Association for organizing be a CFAWL member to attend, so spread host a Dinner at the Ronald McDonald this fundraising social. House. CFAWL will be pre- The Florida Bar Foundation has awarded paring a delicious breakfast- GOAABA a grant to apply to a public edu- dinner for families staying cation program relating to the removal of at the Arnold Palmer loca- the Alien Land Law. Florida is the only Dear tion of the Ronald McDon- state in the Union that still maintains ald house. Please help put a the following constitutional prohibition much-needed smile on the against aliens owning real property under John, faces of our guests as we pre- Article I, Section 2 of the Florida Con- pare this very “happy meal!” stitution: “all natural persons, female and By John Elliott Leighton Volunteers are needed and male alike, are equal before the law and Dear John, kids are welcome! You can have alienable rights, among which are the RSVP to Kimberly Lorenz right to enjoy and defend life and liberty, What’s the Florida at klorenz@fisherlawfirm. to pursue happiness, to be rewarded for in- com. dustry, and to acquire, possess and protect Legislature changing about GOAABA property except that the ownership, inheri- medical malpractice cases? On April 21, 2011, sev- tance, disposition and possession of real eral voluntary bars held a property by aliens ineligible for citizenship — Patricia S., Hollywood, FL mixer to benefit Japan at a may be regulated or prohibited by law. No A: The Legislature has proposed a number of bills which Joint Social at Mojo Bar person shall be deprived of any right be- have been getting passed through committee which & Grill. In attendance were cause of race, religion, national origin or have the effect of eliminating medical malpractice members from throughout physical disability.” The restriction on alien responsibility. Specifi cally, SB1676 seeks to provide the community as well as ownership of land began in the late 1800s and continued through the early 1900s sovereign immunity to medical schools and their attorneys from the Greater through the passage, state by state, of laws employees who provide patient services in public Orlando Asian American Bar Association, the His- restricting Chinese and Japanese immi- teaching hospitals, limiting the medical schools’ liability grants from owning real property. to $200,000 and providing personal immunity to the panic Bar Association of Central Florida, the Cen- GOAABA’s campaign for the removal of doctors. On April 4, The Senate Health Regulation Committee approved SB1676 in a 11-1 vote. The tral Florida Association for the Alien Land Law will launch this month. Women Lawyers, the Cen- For more information, or for literature pre- bill must now pass through two additional Senate tral Florida Gay & Lesbian pared by GOAABA, please contact Chris- committees. There are other bills pending that provide Law Association (CFGLLA) ty Nash at [email protected]. immunity to doctors and hospitals who treat Medicaid and the Paul C. Perkins Bar If you belong to a Central Florida bar as- and medicare patients and require experts from other Association. These volun- states to obtain licensing from the State of Florida before sociation and would like to submit your tary bars collected dona- news, please contact me at 407-272-5488 testifying in malpractice cases (HB 479). Red tions to provide to the or email me at [email protected]. Cross Japan Relief Fund, Send your Dear John letter to [email protected] Sunny Lim Hillary, Hillary, P.A., has been a Include your name, or just initials, and city. which was created follow- member of the OCBA since 2005. ing the devastating March

Serious Lawyers for Tired? Stressed out? Not feeling on top of your practice? ® Serious Cases. Talk with someone who’s been there. Suellen Fagin-Allen, JD, LMHC Miami „ Orlando LeightonLaw.com „ 888.395.0001 Attorney since 1986/Licensed Mental Health Counselor (407) 242-2956 – [email protected] The information in this column does not constitute legal advice. You should not take action based upon this information without consulting legal counsel. The hiring of a lawyer is an important decision that should not be 1417 N. Semoran Blvd., Suite 201, Orlando, FL 32807 based solely upon any single source of information, including this column. Depression – Anxiety – Substance Abuse – Work/Life Balance ©2011 Leighton Law, P.A. the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 27

Rainmaking

Market Yourself through Storytelling

ou’ve heard me say this before: the least ex- as a good author can find a story where others see pensive, most ethical and most effective only the commonplace deeds of ordinary people, Yway to market yourself and your law firm is it’s possible for each of us to frame our work in through a well-structured word-of-mouth mar- heroic terms. Stories are your narrative assets.” keting program. Unlike print or television adver- Mark Powers According to Stone, a well-crafted story about tising, it produces enough trust to generate the why you became an attorney, why you are com- highest quality and least price-sensitive clients. pelled to help people or how you fought to suc- When referred clients show up at your office be- ceed in spite of great difficulty becomes an -im cause someone said you were good at what you portant conversational strategy. These stories are do, studies show they are more motivated, more verbal commercials for you and your services. likely to pay and will be more loyal in the long These narrative assets are the hidden gems of your run. word-of-mouth marketing program. What you haven’t heard us mention is that word- How can you harvest the wealth of experiences of-mouth marketing is also effective because it you’ve had in order to craft your own stories? taps into a very basic urge. An urge most of us Shawn McNalis find irresistible. What is it? Read the following prompts and write down the ideas that come to mind when you hear them: It’s the urge to tell our stories; to talk about what’s happening with the world, the workplace, and, § I became a lawyer because… especially, with our lives. The river of information § I’m passionate about my practice area flowing through everyday communications the because… world over is enormous. And on close examina- § tion, the narrative device used to convey much of The type of people (your primary client) the information will be some form of a story. I like to help is… § As it turns out, this is no accident. Listening to The reason I like to help these people is… stories is how we learn. § I make a difference for people because… “Stories are one of the oldest and most persistent § The most interesting problem or chal- forms of communication,” explains Richard Stone lenging conflict I’ve had to resolve is… of the StoryWorks Institute, located in Winter The stories you tell, whether short or long, reflect Park, Florida. “In fact, they are so much a part of your values and your ideals – and often are suc- us that the human brain is hardwired to learn best cessful because they do this indirectly. They can when stories carry the message.” A look around be considered the “stealth bombers” of marketing will confirm his words. In our modern society because you can convey a great deal of informa- stories are everywhere. They provide the plots tion about yourself and your practice, and enter- for books, movies, theater and television shows. tain your listener, at the same time. Your stories The twenty-four hour news channels bring you are powerful teaching tools and can teach people the stories of the day. The best teachers, leaders about you as a lawyer, demonstrating what you and communicators have always recognized the value, whom you help and how you help. Stories importance of storytelling and have used stories that are humorous show that you are human. You to convey lessons, messages and inspiration. A don’t have to be the hero in every story. Stories well-told story has the power to evoke images and that are self-deprecating can be engaging, hum- fill the listener with emotion. bling and among the most memorable. Because of this, stories achieve what no other form The spirit of your legal approach and the values of communication can. Harness the power of sto- that form that approach are encoded in your con- rytelling in your word-of-mouth marketing pro- versations; make powerful stories, or your “narra- gram and capitalize on the receptivity built into tive assets,” one of your most powerful rainmak- those you want to educate about your service. Use ing assets. Beyond this, Richard Stone suggests stories in conversations with potential clients to we are each driven to create the story of our own demonstrate your expertise, with referral sources life and practice. “Fundamentally, every business to illustrate how you can help their clients and is a stage for the enactment of human myths. We in social settings to educate people about your found, lead, manage, nurture, serve, suffer with, firm. “Look for the drama in your everyday ac- and exalt our businesses not just to create wealth tions to formulate your stories,” says Stone. “Just PAGE 28 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5 and financial security. At the heart of every such pursuit is something much more essential and innate to the human spirit – the need to create a story with a PUBLISH YOUR satisfying ending.” In your marketing game plan, I recom- LEGAL NOTICES mend having at least three stories that in the Gulf Coast you can identify by name and that share Business Review information about the kind of client you serve or, why you are great at what you do, or that allow the listener to relate bet- ter to you. As Stephen Covey, the author Serving Eight Florida Counties: of Seven Habits of Highly Effective People says, “They don’t care how much you Sarasota | Manatee | Hillsborough | Pinellas | Pasco | Lee | Collier | Orange know, until they know how much you care.” Mark Powers, President of Atticus, Inc. and Shawn McNalis co-authored How Good At- torneys Become Great Rainmakers and Time Management for Attorneys and are featured The Weekly Newspaper for Gulf Coast Business Leaders writers for Lawyers, USA and a number of other publications. To learn more about the work that Atticus does with attorneys or the Atti- cus Rainmakers™ program, please visit www. Call: (941) 906-9386 | Visit our website: www.review.net atticusonline.com or call 352-383-0490 or 888- 644-0022.

What Great Writers Can Teach Lawyers and Judges continued from page 11

35John Irving, Trying to Save Piggy Sneed, N.Y. Times, Aug. 22, 1982, sec. 7, at 3. 36Camille Lamar Campbell, How to Use a Tube Top and a Dress Code to Demystify the Predictive Writing Process and Build a Framework of Hope During the First Weeks of Class, 48 Duq. L. Rev. 273, 310 (2010) (quoting Michener). 37Bill Knott, The Craft of Fiction 159 (1977) (quoting Michener); Kathryn Ann Lindskoog, Cre- ative Writing for People Who Can’t Not Write 62 (1989) (same; see also Robert Van Gelder, An Inter- view With Mr. E. B. White, Essayist, N.Y. Times, Aug. 2, 1942, at BR2 (“quoting White: “The main thing I try to do is write as clearly as I can .... “I rewrite a good deal to make it clear.”); Lawrence Grobel, Conversations With Capote 205 (1985) (quoting Truman Capote: “I believe more in the scissors than I do in the pencil.”). 38Judith Frutig, Dr. Seuss’s Green-Eggs-and-Ham World, in Thomas Fensch, Of Sneetches and Whos and the Good Dr. Seuss: Essays on the Writings and Life of Theodor Geisel 77, 79 (1997). 39Mark My Words, supra note 7, at 6. 40Mark Twain, Letter of Feb. 10, 1868, quoted at White House Symposium on the Life and Works of Mark Twain (Nov. 29, 2001), http://georgewbush- whitehouse.archives.gov/firstlady/initiatives/twain. html (Mar. 4, 2010); see also Mark My Words, supra note 7, at 42 (“A successful book is not made up of what is in it, but what is left out of it.”).

the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 29 FindLaw customize your message and define what phone numbers that your Web partner continued from page 23 sets your firm apart, in terms of back- should provide. ground, practice niches or unique services mouse in one hand and a checkbook in the With that information in hand you can you offer (Spanish-language expertise, for other. They’re highly motivated, and you make better, more informed decisions example). For most firms, focusing on your don’t want to miss an opportunity to con- about what to cut back and where to spend specialties is a smart move. Research shows nect with, engage and convert them. more in promoting your firm. that an attorney’s expertise in a specific legal Content field is the #1 factor that online consumers So while the economy has yet to shift into Some Web sites are like glorified electronic consider when selecting an attorney. recovery mode, law firms with a strong online marketing strategy and return-on- brochures. The generic, stagnant content Return on Investment they offer up convinces few site visitors investment (ROI) data are well-positioned Especially in today’s challenging economy, to stay and even fewer to come back for to weather the storm, generate leads and it is important to analyze your marketing more. Devoting some time – even just a gain more well-qualified, high quality new strategy to determine what is working, few hours a month – to new content and clients moving forward. what is not and where you can make ad- site updates is a smart investment that will justments. FindLaw creates Web sites and other Internet draw search engines and legal prospects to marketing strategies that connect law firms your site. Content like blogs, an article on Look for an online marketing partner who with more well-qualified clients. FindLaw a high-profile case or the latest issue of your can help you go beyond the broad, high- solutions are supported by dedicated local firm newsletter are easy, non-time-intensive level numbers (total site visits, for example) consultants and the largest, most knowledge- ways to prevent your site from going stale. to collect key data such as: able team of experts in the legal industry. We Online video is another effective form of • How prospects arrive at your site, harness the power of FindLaw.com – the content. As sites like YouTube demon- and where they go when they leave. most popular online source of legal informa- strate, video is the medium of choice for • The keywords and key phrases your tion - to drive Internet traffic to our clients’ many people, particularly young consum- site visitors use. Web sites and profiles. FindLaw is a Thom- ers. A growing number of attorneys are son Reuters company and a division of West. using video messages to break down the • Your most (and least) popular Web To schedule an appointment with a FindLaw intimidation factor between lawyer and le- content. online marketing consultant, call 1-866- gal prospect, a trend that legal marketing The calls and e-mails generated by your 44FINDLAW (1-866-443-4635) or e-mail experts think will continue. online marketing can be easily tracked [email protected] lawyermarketing.com for more information Content tools like video also allow you to as well via analytic software and tracking about the importance of law firm marketing.

What Do You Mean I Wasn’t Picked for the Jury? continued from page 25 waited with anticipation until we were have made me view the system more criti- vested interest in it, but regardless, I don’t called back in to find out who was going cally than others, I found that the actual think anything bad can be said about it. I to be selected. I must say, I was right about process itself is very organized and efficient. eagerly anticipate my next summons, and I seven of the eight selected. Only one sur- It is clear that an effort has been made to vow to keep my mouth shut next time! prised me. I was not surprised, however, make sure that those summoned are com- Jamie Billotte Moses, 2010-2011 president that seven of the eight jurors were men. fortable. The court staff at every step was of the Legal Aid Society of the OCBA, Inc., is a Given the questioning in voir dire, it did courteous, informative and respectful. I re- shareholder with Fisher, Rushmer, Werrenrath, appear that the defense was going to be ally cannot imagine that anybody has had Dickson, Talley & Dunlap, P.A. She has been a that the touching, despite outward appear- a bad experience. I acknowledge that I may member of the OCBA since 1994. ances, was not sexual in nature. I will not be looking at this a little differently because go into details of what was discussed, but it I am part of the legal system and have a did appear that first-hand experience with male body parts might be important. When they announced the eight that were selected, I was incredibly disappointed that I was not picked. Although I knew my chances were slim to none, I was slightly encouraged by the fact that it was a crimi- nal case. Nevertheless, it was not meant to be. I was grateful when they let us go at about 4:30 p.m., knowing I would not have to cancel the rest of the week’s ap- pointments. All in all, the experience was positive. Al- though my interest in the system could

PAGE 30 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5 the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 31 New Members Regular Joseph C. KNAPE William R. STRAWCUTTER Sabrenia KELLEY-LEWIS 605 E. Robinson St. Strawcutter Law KL & Associates Ophelia G. BERNAL-MORA Orlando, FL 32801 1540 International Pkwy., Ste. 200 525 S. Conway Rd., #32 Law Office of Ophelia 850-225-5563 Lake Mary, FL 32746 Orlando, FL 32807 Bernal-Mora, P.A. 407-536-5350 407-437-8917 121 S. Orange Ave., Ste. 1500 Joseph J. MANCUSO Orlando, FL 32801 Joseph J. Mancuso, P.A. Mary H. TERUYA Ralph MARTIN 407-377-6929 262 Wilshire Blvd. The Law Office of Mary Teruya Rudolph, Gotschall, & Osborne P.A. Casselberry, FL 32707 2816 E. Robinson St. 931 S. Semoran Blvd., Ste. 202 Michael R. CANDES 407-681-9494 Orlando, FL 32803 Winter Park, FL 32792 Holland & Knight, LLP 407-219-3558 407-691-3929 200 S. Orange Ave., Ste. 2600 Paul V. MOYER Orlando, FL 32801 Law Offices of Paul V. Moyer, P.L. Pierre VOGELBACHER 407-425-8500 2601 Technology Dr. PNC Wealth Management Law Students Orlando, FL 32804 201 E. Pine St., Ste. 200 Sheryl C. JOHANSEN Jung CHOI 407-774-5230 Orlando, FL 32801 5466 Baldwin Park St., 208 Blackstone Law Group 407-245-3242 Orlando, FL 32814 931 S. Semoran Blvd., Ste. 202 Stephen C. OAKLEY 407-440-2405 Winter Park, FL 32792 Association Law Firm, PLLC April Y. WALKER 407-691-3929 417 E. Jackson St. Carlton Fields, P.A. JoAnn G. JOHNSON Orlando, FL 32801 450 S. Orange Ave., Ste. 500 Campus Crusade for Christ Eric W. DEMING 407-998-8812 Orlando, FL 32801 100 Lake Hart Dr. Cohen Battisti, Attorneys at Law 407-481-5443 Orlando, FL 32832 1211 Orange Ave., Ste. 200 Spencer L. PAYNE 407-826-2000 Winter Park, FL 32789 Quintairos, Prieto, Wood Tyrone N. WATSON 407-478-4878 & Boyer, P.A. The Law Office of Charity J. JOHNSON 255 S. Orange Ave. Tyrone Watson, P.A. 2416 Formosa Ave. Timothy A. DUNBRACK Orlando, FL 32801 407 Wekiva Springs Rd., Ste. 220 Orlando, FL 32804 Kelley, Kronenberg, Gilmartin, 407-872-6011 Longwood, FL 32279 210-857-0409 Fichtel, Wander, Bamdas, Es- 407-788-5153 kalyo & Dunbrack, P.A. Jared A. SHAPIRO Christopher D. KNOWLES 20 N. Orange Ave., Ste. 1207 Wicker, Smith, O’Hara, Benjamin D. WURTZEL Jill S. Schwartz & Associates, P.A. Orlando, FL 32801 McCoy & Ford P.A. Public Defenders Office 180 Park Avenue N., Ste. 200 407-648-9450 390 N. Orange Ave., Ste. 1000 435 N. Orange Ave., Ste. 400 Winter Park, FL 32789 Orlando, FL 32801 Orlando, FL 32801 407-647-8911 Mandy L. FETZER 407-843-3939 407-836-0527 Wicker, Smith, O’Hara, Brian S. SANDOR McCoy & Ford P.A. W. Robert SHERRY 519 E. Livingston St. 390 N. Orange Ave., Ste. 1000 Jill S. Schwartz & Associates, P.A. Associate Orlando, FL 32803 Orlando, FL 32801 180 Park Avenue N., Ste. 200 Kuan J. LEE 407-697-3997 407-843-3939 Winter Park, FL 32789 1 Lake Ave., Apt. 8A 407-647-8911 East Brunswick, NJ 8816 Carrie E. SEAWRIGHT Michael H. HATFIELD 347-601-7611 1127 Pointe Newport Terr. Michael H. Hatfield, P.A. Dorothy C. SIMS Apt. 207 149 N. Kentucky Ave. Sims & Stakenborg, P.A. Carina M. LEESON Casselberry, FL 32707 Umatilla, FL 32784 118 SW Fort King St. Fox Rothschild, LLP 404-771-4678 352-669-2131 Ocala, FL 34471-1145 222 Lakeview Ave., Ste. 700 352-629-0480 West Palm Beach, FL 33407 Herrittaccei C. SHABAZZ Jason P. HERMAN 561-835-9600 2125 Portlight Dr., Unit 102 Southern Trial Counsel, PLC Michael G. SNYTKIN Orlando, FL 32814 205 S. Eola Dr. Azam | Snytkin, P.A. Affiliate 678-468-5182 Orlando, FL 32801 555 Winderley Pl., Ste. 300 407-422-6100 Maitland, FL 32751 Leslie M. IRICK Paralegal Student 407-571-6926 Ann Marie Giordano Gilden, P.A. Stan KHOMENKO 151 Lookout Pl. Janet TETTEMER Jill S. Schwartz & Associates, P.A. Davey T. SPICCIATI Maitland, FL 32751 13 Westchester Dr. 180 Park Avenue N., Ste. 200 The Draves Law Firm, P.A. 407-599-1170 Kissimmee, FL 34744 Winter Park, FL 32789 120 E. Concord St. 321-443-3692 407-647-8911 Orlando, FL 32801 407-423-1183 PAGE 32 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5 Pathways In Law is designed to expose youth from a cross section of the community to the law and to professions within the legal and criminal justice field. Our two-fold aim is to educate these youth on prevention as well as on potential career paths they might explore. We host an annual event in conjunction with recognition of Law Day. The program was held on March 28, 2011, and included a mock trial and Career Program. Since this year’s program was geared towards foster kids, Pathways hosted foster children from Great Oaks Village as well as kids from the Parramore Kidz Zone and The Orlando After-School All Stars. The Career Program included a panel of legal professionals, including a judge, deputy, attorneys, federal probation officer, paralegals, court reporters and an interpreter, who explained their educational background and the qualifica- tions necessary for their respective careers. The kids participated in a mock trial about possession of drugs at school. The program was held at the Orange County Courthouse. A free lunch was provided at noon.

the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 33 PAGE 34 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5 It’s Time to Update Your Photo for the 2011 OCBA Membership Directory – Now Online! RCL Portrait Design will be at the OCBA from May 2, 2011 through May 20, 2011 to take your free professional portrait for publication in the 2011 OCBA Online Membership Directory. The Directory is one of our most valued member benefits. In fact, many members access the Directory daily to locate colleagues, put a “face to a name,” and conduct business.

An RCL representative will contact you in the near future to schedule an appointment. However, feel free to contact RCL directly at 800-580-5562 to schedule your sitting. All sittings are free of charge, and the photo you select for the Online Membership Directory will be put online at no charge. RCL will also take additional shots and provide you with an opportunity to purchase a photo package for your professional or personal use. We are pleased to bring you this free member service. RCL has produced professional portraits for more than 21 state and local bar associations and 22 Special thanks to medical facilities across the nation. Kenneth Sidney Gluckman General Counsel Advisors, P.A.

We look forward to seeing you at the OCBA Center in May. the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 35 THE HEALTH LAW FIRM MAIN OFFICE • 1101 DOUGLAS AVENUE • ALTAMONTE SPRINGS, FL 32714 TELEPHONE: (407) 331-6620 • (850) 439-1001 • TELEFAX: (407) 331-3030 BRANCH OFFICE • 37 N. ORANGE AVE., STE. 500 • ORLANDO, FL 32801 BRANCH OFFICE • 201 E. GOVERNMENT STREET • PENSACOLA, FL 32501 WEBSITES • WWW.THEHEALTHLAWFIRM.COM • WWW.HEALTHATTORNEYS.COM 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 in appropriate cases.

• Medicare/Medicaid Audit • Pain Management Clinic Defense Representation

• Pain Management Physician • Medical Malpractice Defense Defense • DOH/AHCA Investigations • Insurance Audit Defense

• ZPIC & RAC Audits • Search Warrant Representation • Administrative Hearings • Petitions for Waiver or • Medicare/Medicaid Variance Fraud Defense GEORGE F. INDEST III, MICHAEL L. SMITH, • Medicaid Fraud Control Unit • Professional Licensing J.D., M.P.A., LL.M. J.D., R.R.T. (MFCU) Defense • B.S., Nova Southeastern University • Medical Board Cases • Over 25 Years legal experience • Utilization Review • LL.M. from George Washington • J.D., Stetson Univ. College of Law Defense • Subpoena Defense University • Registered Respiratory Therapist • Office Leases • Admitted in Florida, Louisiana and D.C. • Licensed in Florida • Preparation/Litigation of • Board Certified by the Florida Bar in • Board Certified by the Physician Contracts • National Practitioner Health Law Florida Bar in Health Law Data Bank • Nursing Board Cases

• Hospital Credentials • Appeal of Emergency Hearings Suspension Orders (ESOS) • Physician Contracts • Corporations, LLC’s, Partnership and other • Partnership Dissolutions Business Entities

• Covenants not to Compete • Sales/Purchases of Medical Practices • Commercial Litigation • Peer Review Defense • Corporate Law • Physican’s Personal • Medicaid Appeal Hearings Counsel • Disciplinary Proceedings JOANNE KENNA, CHRISTOPHER E. BROWN • Opinion Letters J.D., R.N. (ILL.) • B.A., Coastal Carolina University • Substance Abuse • Complex Litigation (PRN/IPN) • J.D., Stetson Univ. College of Law • J.D., Barry University of Orlando, • Diploma, St Anne’s Hospital School College of Law • Medical Staff Bylaws • Appellate Practice of Nursing • Licensed in Florida • R.N., Illinois • Member, American Health Lawyers • Licensed in Florida Association

PAGE 36 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5 New Shareholder ty Courthouse, 23rd Floor Judicial Conference Room. CLE: 1.5. Free. Contact: Diane Iacone at 407-836-0443 or [email protected]. Thomas McThenia – GrayRobinson May 10 – Advocacy Tools for Effective Representation in Unemploy- Transitions ment Compensation Appeals. LAS Lunchtime Training. 12:00 p.m.- James Arthur Urban passed away on Feb. 26, 2011, in St. Peters- 1:30 p.m. Comerica Bank. Free for members. CLE pending. Speak- burg, FL. He was 84. He served as president of The Florida Bar in er: Sally McArthur, Attorney. Contact: [email protected]; 1974 and practiced law in Orlando from 1953 until his retirement [email protected]. in 1994 from Carlton Fields as a shareholder. He served as presi- May 18 – Insurance Issues in Catastrophes: Deepwater Horizon as dent of the OCBA from 1966 -1967. We extend our deepest condo- One Example. Insurance Law Committee. 8:30 a.m.-4:30 p.m. OCBA lences to Mr. Urban’s family, friends and colleagues. Center. CLE: 8.5 (including 2.5 ethics). Guest Speaker: Charles Wells, former Florida Supreme Court Justice. Fee: $35 advance; $45 after Speaking Engagements May 11. Lunch sponsored by Curtis Protective Service. Contact: Lou Frey, a shareholder with Lowndes, Drosdick, Doster, Kantor & [email protected]. Reed, P.A. and founder of the Lou Frey Institute of Politics and Gov- May 20 – Military Issues in Dissolution Cases. Family Law Commit- ernment at UCF, addressed the complex and evolving relationship tee. 12:00 p.m.-1:00 p.m. OCBA Center. Contact: mariew@ocbanet. between China and the United States during a day-long sympo- org. sium held at the university on April 4, 2011. May 24 – When Permanency Isn’t Permanent: What to Do when a An OCBA Professionalism Committee panel consisting of Judge Dependency Case Re-Opens. LAS Lunchtime Training (GAL topic). Alicia Latimore, Judge Emerson Thompson, Lincoln Le Varge, 12:00 p.m.-1:30 p.m. Comerica Bank. Free for members. CLE pend- Esq., Kristopher Kest, Esq., Carrie Ann Wozniak, Esq., and ing. Stephanie Stewart, Attorney. Contact: ctucker@legalaidocba. James Edwards, Esq. presented a workshop/seminar entitled org; [email protected]. Conducting a Hearing Professionally and Persuasively for law stu- dents at FAMU College of Law. The workshop, held on March 30, May 31 – Mediation Essentials. Solo and Small Firm Committee. 2011, was sponsored by Professor J. Richard Hurt. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 pending. Speaker: Dan Honeywell. Contact: [email protected]. Attorney Denise Morris Hammond presented the seminar, Effec- tive Discovery in Arbitration, at The Florida Bar Association’s Con- June 1 – Lessons Learned of the Practice of Law During My Career. struction Law Institute in April. Her seminar, titled Effective Discov- Criminal Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 ery in Arbitration, focused on the new National Protocols for Timely, pending. Speaker: Robert Eagan. Contact: [email protected]. Cost Effective Arbitration from the College of Commercial Arbitra- June 3 – Food for Thought. OCBA Paralegal Committee. 12:00 p.m.- tors in conjunction with the American Arbitration Association. 1:00 p.m. OCBA Center. Amy Guy at 407-601-4905. Clement L. Hyland, owner of Hyland Mediation, LLC, presented June 9 – Post-Traumatic Stress Disorder Claims Issues Related to VA Data Mining and E-Data Stonewalling in Electronic Discovery and Benefits. Social Security Committee. 11:30 a.m. OCBA Center. Con- Ethical Challenges of Attorneys as Employees and Employers at the tact: [email protected]. Legal Ethics in the Digital Age seminar sponsored by the National Business Institute on March 10, 2011, in Orlando. June 9 – Dealing with Experts. Brown Bag Lunch with Judge John M. Kest. 12:00 p.m.-1:15 p.m. Orange County Courthouse, 23rd Floor Drew Sorrel, partner with Lowndes, Drosdick, Doster, Kantor & Judicial Conference Room. CLE: 1.5. Free. Contact: Diane Iacone at Reed, P.A., presented Is your contract clear or partly cloudy? at the 407-836-0443 or [email protected]. Central Florida Information Technology Society (CFITS) in Orlando on March 24, 2011. June 10 – War & Peace. Appellate, Business and Professionalism committees. 8:30 a.m.- 4:00 p.m. OCBA Center. CLE: pending. Upcoming Events Speakers: Speakers: Gregory S. Martin; Adam C. Losey; Judge May 12 – Texas Hold ‘Em Charity Poker Tournament. 5:30 p.m.-8:30 Frederick J. Lauten; Elizabeth C. Wheeler; Former Florida Supreme p.m. Slingapours, 18 Wall Street, Orlando, FL 32801. Sponsored by Court Justice Charles T. Wells; John R. Hamilton, Barbara A. Eagan, M&I Bank. Nicholas A. Shannin. Contact: [email protected]. Sponsored by: Eagan Appellate Law, PLLC; Thomas Wade Young, PL and Zim- May 18 – OCBA Installation Banquet. 5:30 p.m. The Ballroom at merman, Kiser & Sutcliffe, P.A. Church Street. June 14 – Basic Dissolution of Marriage with Children for Pro Bono June – Afternoon at the State Courthouse. Details TBA. Attorneys. LAS Lunchtime Training. 12:00 p.m.-2:00 p.m. Comerica Bank. CLE pending. Speaker: Angel Bello–Billini, Attorney. Free for Seminars members. Limited enrollment. Contact: ctucker@legalaidocba. org; [email protected]. May 4 – Jimmy Rice in a Nutshell. Criminal Law Committee. 12:00 p.m.-1:00 p.m. OCBA Center. CLE: 1.0 pending. Speaker: Kimberly J. June 17 – Get to Know Judge Keith White. Family Law Committee. Mann. Contact: [email protected]. 12:00 p.m.-1:00 p.m. OCBA Center. Contact: [email protected]. May 5 – Florida Commercial Real Estate Receiverships. Business Law June 28 – The New Kid in Town: An Introduction to CBC of Central Committee. 10:30 a.m. -2:30 p.m. OCBA Center. CLE: 3.5. Fee: $25. Florida. LAS Lunchtime Training. 12:00 p.m.-2:00 p.m. Comerica Speakers: Christopher Pace, Ray Sandelli, Bill Moss, Sr., Donald Kirk, Bank. CLE pending. Speaker: Cara Dobrev, Attorney. Free for Lacey Willard. Lunch will be provided. Contact: mariew@ocbanet. members. Contact: [email protected]; mcarbo@leg- org. alaidocba.org. May 5 – Interrogatories: Propounding and Answering. Brown Bag Lunch with Judge John M. Kest. 12:00 p.m.-1:15 p.m. Orange Coun- Announcements the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 37 Allen & Murphy, P.A. Marcus & Myers, P.A. Allen, Norton & Blue, P.A. Marshall, Dennehey, Warner, Coleman & Goggin, P.A. Amy E. Goodblatt, P.A. McElyea & Barnard, P.A. Anthony-Smith Law, P.A. McMichen, Cinami & Demps Billings, Morgan & Boatwright, LLC McMillen Law Firm, P.A. Bodiford Law Group Michael R. Walsh, P.A. Bonus McCabe Law Firm Mooney Colvin, P.L. Bull and Associates, P.A. Murrah, Doyle and Wigle, P.A. Burr & Forman LLP N. Diane Holmes, P.A. Calandrino Law Firm, P.A. Neduchal & MaGee, P.A. Carr Law Firm, P.A. Ossinsky & Cathcart, P.A. Carsten & Ladan, P.A Page, Eichenblatt, Bernbaum & Bennett, P.A. Chaires, Brooderson & Guerrero, P.L. Ringer Henry Buckley & Seacord, PA Cohen Battisti, Attorneys at Law Rumberger, Kirk & Caldwell, P.A. DeCiccio & Johnson Sawyer & Sawyer, PA Dellecker Wilson King McKenna & Ruffier, LLP SeifertMiller, LLC Dempsey & Associates Southern Trial Counsel, PLC Dewitt Law Firm, P.A. Stovash, Case & Tingley, P.A. Diaz Law Tangel-Rodriguez & Associates Earle & Smith Trial Attorneys The Aikin Family Law Group Englert, Leite & Martin, P.L. The Brennan Law Firm Faddis & Faddis, P.A. The Carlyle Appellate Law Firm Fishback, Dominick, Bennett, Stepter, Ardman, The Draves Law Firm, P.A. Ahlers & Langley, LLP The Law Office of Frank A. Hamner, P.A. Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap, P.A The Law Offices of Terry L. Bledsoe, P.A. Giles & Robinson, P.A. The Marks Law Firm, P.A. Gregory S. Martin & Associates, P.A. The McMahon Law Group, P.A. Harris, Harris, Bauerle & Sharma The Morsch Law Group Hilyard, Bogan & Palmer, P.A. The Rosenthal Law Firm, P.A. Innes Law Firm The Skambis Law Firm James H. Monroe, P.A. Troutman, Williams, Irvin, Green, Helms, Polich & Hemphill P.A. Jill S. Schwartz & Associates, P.A. Vose Law Firm, LLC King, Blackwell, Downs & Zehnder, P.A. Warner + Warner, P.L. Kirkconnell, Lindsey, Snure, & Ponall, P.A. Weiss, Grunor & Weiss Korshak & Associates, P.A. West, Green & Associates, P.L. Kosto & Rotella, P.A. Wicker, Smith, O’Hara, McCoy & Ford, P.A. Law Office of Frank P. Remsen, P.A. William G. Osborne, P.A. Law Offices of Blair T. Jackson, P.A. Winderweedle, Haines, Ward & Woodman, P.A Law Offices of Neal T. McShane, P.A. Wolff, Hill, McFarlin & Herron, P.A. Law Offices of Walter F. Benanati Credit Attorney, P.A. Wooten, Kimbrough and Normand, P.A. Legal Aid Society of the OCBA Yergey and Yergey, P.A. Lewis & Crichton, Attorneys at Law Congratulations to Members of the OCBA’s 100% Club 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 38 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5 To reply to BRIEFS box number, address as follows: Briefs Reply Box # _____ c/o Orange County Bar Association, CLASSIFIED ADS P.O. Box 530085 • Orlando, FL 32853-0085

EMPLOYMENT Ogden, Sullivan & O’Connor, PA, 113 OFFICE SPACE DOWNTOWN OFFICE LEASE S. Armenia Avenue, Tampa, FL 33609, 1000 Sq Ft $1200.00/mo, Colonialtown THE ORLANDO, FLORIDA OF- or to [email protected] FOR SALE/RENT/ South, Stand alone, plenty of parking, FICE OF AKERMAN SENTER- 407-895-7557 SPECIALTY DEFENSE FIRM FITT SEEKS AN ASSOCIATE LEASE handling first party property/liability DOWNTOWN – NEAR COURT- with 5+ years of experience in commer- OFFICE BLDG FOR SALE / coverage issues and complex contractu- HOUSE - Elegantly restored historic cial real estate transactions, including al/tort litigation seeks attorneys with 3-5 LEASE: Near intersection of Kaley building on the corner of E. Pine and land use and regulatory experience. and 5-10 years litigation experience for & Ferncreek Ave. CONVENIENT to Court Street. Offices for 1-6 attorneys Experience representing developers its Maitland office. Insurance defense DOWNTOWN &/or JUVENILE CT. and staff. Share receptionist, conference of mixed use projects, homebuilders, experience preferred. Fax/Mail resume on Michigan St. 1600 sq. ft. Open rooms, etc. 407-426-2060 or tmhoep- retail end users, and shopping center to: Office Manager (407) 647-9966, The floor plan with separate executive office [email protected] developers is required. Must possess Rock Law Group, P.A., 1760 Fennell and conference room. Recently reno- strong organizational, verbal and writ- St., Maitland, Florida 32751 vated and ready for occupancy. Call FURNISHED SUITES – near down- ten communication skills and have the John @ (407) 222-6712 town, free-standing bldg w/ dedicated ability to work effectively within a team. ORLANDO FIRM SEEKS BI-LIN- parking, includes phone, Internet, Excellent academics and a proven track GUAL ATTORNEY with 2-4 years 1,250 SQ. FT., AT 3700 SOUTH utilities, conf room, lobby area and record of sophisticated client and deal experienced personal injury attorney for CONWAY ROAD, ORLANDO, secretarial space. Monthly lease. $1000 experience are mandatory. Must be a our trial team. Outstanding opportu- 32812. Brand new space, with 3 offices, – Call Becki at 407-481-2888. www. member of The Florida Bar or willing nity to join growing dynamic firm with 1 CR and 1 BR. Please call or email at BumbyOffices.com to sit for the next examination. Aker- excellent benefits and compensation 407-273-1045 or maura@jflicklawyer. man is ranked among the top 100 law package. Send resume in confidence to com. Check www.jflicklawyer.com for PROFESSIONAL firms in the U.S. by The National Law reply box 701. picture of building. Journal NLJ 250 in number of lawyers. SERVICES DOWNTOWN ORLANDO AV LAW OFFICE AVAILABLE; pri- With more than 500 lawyers and gov- vate, second floor suite, approximately ATTORNEYS PHOTOS SPE- ernment affairs professionals, we serve RATED FIRM seeks attorney with 2 1000 square feet overlooking Lake CIALS - Now is the time to Update clients from major business centers in years commercial litigation experience. Ivanhoe. Available immediately. Ample your professional bio Photos. Our Florida, New York, Washington, D.C., Great work environment and excellent parking; contact: david@yergeylaw. exclusive Digital Slimming and Digital California, Virginia, Colorado, Nevada benefit package. Send resume in confi- com; 407-843-0430 office; 407-247- Make-up makes your new photo the and Texas. Please send cover letter and dence to Administrator, P.O. Box 3388, 8756 cell. David Yergey, Jr. is an OCBA best ever 407-240-4954 Orlandopho- resume to Danielle Shannon, Director Orlando, Florida 32802-3388 member tographer.com/attorneys of Legal Recruiting, at danielle.shan- EXPERIENCED COMMERCIAL [email protected]. REAL ESTATE PARALEGAL VIRTUAL OFFICE SPACE APPELLATE BRIEF WRITING AVAILABLE EXPERIENCED COMMERCIAL NEEDED for very busy downtown -convenient downtown – both civil and criminal. Competitive rates. Contact Katharine Ballingrud. LITIGATION PARALEGAL Orlando law firm with growing com- location. Full service including recep- tionist, mail service, conference rooms, [email protected]; (407) 514-2621. NEEDED for very busy downtown mercial Real Estate practice. Strong banking experience is a MUST. Must fax machine, copy machine, etc. Pack- THE LEGAL MEDICINE GROUP Orlando law firm with growing com- age rates available-customize according mercial litigation practice. Foreclosure, have a pro-active attitude toward work - “Excellence in Medical Records Pre- assignments. Great work environment to your needs. Call Cori at 407-956- construction litigation, and title claims 1000 for pricing and more details. Screening Reviews and Affidavits”. * litigation experience is a plus. Must be and competitive salary and benefits. Litigation Support Services * All Board able to draft some pleadings and have a Send resume in confidence to jholt@ OFFICE SPACE AVAILABLE Certified Reviewers and Expert Witness pro-active attitude toward work assign- southmilhausen.com or via facsimile to FOR RENT. Approximately 1,537 * Medical Malpractice, Personal Injury ments. Great work environment and (407) 539-2679. sq ft., with furniture, phone system, and Product Liability * 407-790-4080 competitive salary and benefits. Must receptionist area and 4 window offices, [email protected] www. be a Florida Registered Paralegal. Send O F F I C E SPACE 2 large enough for attorneys and 2 for legalmedicinegroup.com resume in confidence to jholt@south- SHARED paralegals. Attorneys preferred. Please AFFORDABLE PRE-TRIAL FO- milhausen.com or via facsimile to (407) contact Denise Singler at 407-578-1334 CUS GROUPS 539-2679 DOWNTOWN ATTORNEY or e-mail [email protected]. - Focus groups help attorneys develop a compelling theme; OFFICE AVAILABLE-one office AV-RATED DOWNTOWN LAW OFFICE/CONFERENCE SPACE identify memorable catch phrases which in shared suite. Full service including FIRM FOR RENT: can sum up your case; allow you to seeking 2-3 year experienced In- receptionist, copy machine, fax machine, Downtown Orlando listen to “real people” discussing the ele- surance Defense and Commercial Litiga- conference rooms, telephone, long dis- Executive Business Center- newly reno- ments of the case; and help in jury selec- tion Attorney. Candidate must possess tance, etc. $795 per month/negotiable. vated fully furnished offices for rent. -In tion—At half the price of mock trials. excellent communication skills (oral and Call Cori at 407-956-1000. cludes: live receptionist, phone, internet, written) and be a non-smoker. We offer conference/mediation/seminar space, Contact The Kitchens Group 407-622- great benefits with a competitive salary. DOWNTOWN ORLANDO and FREE parking. Contact Janna 0210; www.thekitchensgroup.com. If interested, please email your resume LAW FIRM- Space Share: Large luxu- (407)447-1919 for more information to Partner c/o [email protected] or ry offices with 2 to 4 paralegal stations, OFFICE BUILDING/SPACE: MISCELLANEOUS fax to 407-992-3595. best views, telephone service (including DOWNTOWN LD), DS3 internet, copier, fax, 3 con- - Completely Reno- SEEKING ATTORNEY WHO LITIGATION ASSOCIATE – AV ference rooms, network, receptionist, vated and Upgraded Old Two-Story PREPARED WILL for Norman Pe- rated Insurance Defense firm seeking kitchen, and parking included. (407) House (Circa 1919), Hardwood Floors/ terzell , Orlando, between 2008-2010. attorney for Orlando office. 0 to 2 yrs 425-5775 Wood Trim, parking - MUST SEE. If you or someone you know prepared experience. Must have Florida Bar Li- (407)648-1500 the will, contact James Peterzell at 678- cense. Send resume with salary require- SHARE NEWLY RENOVATED INDIVIDUAL PROFESSIONAL 416-6060 or [email protected]. ments to Pamela McBride, Bobo, Ciotoli OFFICE DOWNTOWN Class A OFFICE SPACE [email protected] Bldg. - Covered Parking - Conference in small established law firm in Maitland for sublease.Print- “AV” RATED CIVIL LITIGA- Room - All Facilities Included. Please Classified Ads: contact Eddie Reiss at 407-447-5884 or ers, copier, fax and internet included. TION FIRM seeking litigation attor- [email protected]. Conference room. Free on-site park- neys for our Orlando office. Minimum 5 ing. Potential for shared receptionist. [email protected] years litigation experience. Strong advo- HISTORIC BUILDING DOWN- $800.00 per month. Available im- cacy skills required. We offer competitive TOWN …on Lake Lucerne…shared mediately. Contact Theresa Strickland 407-422-4551 salary, plus comprehensive benefits pack- office space available. Good parking… 407-622-6544 age. Send resume to: Hiring Partner, contact [email protected] ext. 225 the Briefs May 2011 Vol. 79 No. 5 www.orangecountybar.org PAGE 39 Officer Installation Banquet Wednesday, May 18, 2011 OCBA Calendar 5:30 p.m. The Ballroom at Church St. MAY - JUNE 2011 RSVP by Thursday, May 12, 2011 [email protected]

May Construction Law Committee Brown Bag Lunch with Judge Kest Criminal Law Committee Seminar 12:00 p.m. • Bar Center Dealing with Experts 4 Jimmy Rice in a Nutshell 12:00 p.m. • Courthouse OCBA Officer Installation Banquet 23rd Flr. Judicial Conference Rm. 12:00 p.m. • Bar Center 5:30 p.m. • The Ballroom at Church Street Business Law Committee Seminar Appellate, Business YLS Luncheon 10 & Professionalism Committees 5 Florida Commercial Real Estate 19 12:00 p.m. • Citrus Club Receiverships War & Peace 10:30 a.m. • Bar Center Family Law Committee Seminar 8:30 a.m. • Bar Center 20 Military Issues in Dissolution Cases Workers’ Compensation Committee Brown Bag Lunch with Judge J.M. Kest 12:00 p.m. • Bar Center Topic TBA 11:45 a.m. • Smokey Bones 12:00 p.m. • Courthouse LAS Lunchtime Training (GAL topic) LAS Lunchtime Training rd 23 Flr. Judicial Conference Rm. 24 When Permanency Isn’t Permanent: What 14 Basic Dissolution of Marriage with to Do when a Dependency Case Re-Opens Children for Pro Bono Attorneys Federal Judicial Relations 12:00 p.m. • Comerica Bank 12:00 p.m. • Judge Conway’s Chambers 12:00 p.m. • Comerica Bank Appellate Law Committee Elder Law Committee Intellectual Property Committee 25 12:00 p.m. • Bar Center 10 12:00 p.m. • Bar Center 15 12:00 p.m. • Bar Center Labor & Employment Committee OCBA Luncheon LAS Lunchtime Training 12:00 p.m. • Bar Center Advocacy Tools for Effective Representation 16 Mayanne Downs, President, in Unemployment Compensation Appeals Bankruptcy Law Committee The Florida Bar 12:00 p.m. • Comerica Bank 27 12:00 p.m. • Bar Center 11:30 a.m. • The Ballroom at Church Street Co-hosted by CFAWL Estate, Guardianship Committee Criminal Law Committee Meeting 11 12:00 p.m. • Bar Center 12:00 p.m. • Café Annie’s YLS Luncheon 12:00 p.m. • Citrus Club Judicial Relations Committee Solo & Small Firm Committee 12:15 p.m. • Courthouse 31 Mediation Essentials Family Law Committee Seminar 21st Flr. Conference Rm. 12:00 p.m. • Bar Center 17 Get to Know Judge Keith White 12:00 p.m. • Bar Center Executive Council Meeting 4:30 p.m. • Bar Center Afternoon at the State Courthouse June TBA • Orange County Courthouse Real Property Committee Seminar Criminal Law Committee Seminar 12 12:00 p.m. • Bar Center Professionalism Committee 1 Lessons Learned of the Practice of Law 21 12:00 p.m. • Bar Center Social Security Committee During My Career 12:00 p.m. • Bar Center 12:00 p.m. • Bar Center Appellate Law Committee 22 12:00 p.m. • Bar Center Texas Hold ’Em Charity Poker Paralegal Section Seminar Tournament 3 Food for Thought Labor & Employment Committee 5:30 p.m. • Slingapours 11:30 a.m. • Bar Center 12:00 p.m. • Bar Center Sponsored by M&I Bank Literary Society Bankruptcy Law Committee Family Law Executive Committee 8 12:00 p.m. • Bar Center 24 12:00 p.m. • Bar Center 13 11:45 a.m. • Houlihan’s Estate, Guardianship Committee Criminal Law Committee Meeting Workers’ Compensation Committee 12:00 p.m. • Bar Center 12:00 p.m. • Café Annie’s 11:45 a.m. • Smokey Bones Executive Council Meeting Solo & Small Firm Committee Meeting Elder Law Committee 4:30 p.m. • Bar Center 28 12:00 p.m. • Bar Center 16 12:00 p.m. • Bar Center Social Security Seminar LAS Lunchtime Training Professionalism Committee 9 Post-Traumatic Stress Disorder Claims The New Kid in Town: An Introduction to CBC of Central Florida 17 12:00 p.m. • Bar Center Issues Related to VA Benefits 11:30 a.m. • Bar Center 12:00 p.m. • Comerica Bank Insurance Law Seminar Real Property Committee 18 Insurance Issues in Catastrophes 8:30 a.m. • Bar Center 12:00 p.m. • Bar Center

PAGE 40 www.orangecountybar.org the Briefs May 2011 Vol. 79 No. 5