The Orange County Bar Association - The Briefs - February 2021 by Orange Co Bar Association Orlando

A Publication of the Orange County

Inside this Issue: President’s Message Sharing Black History LaShawnda K. Jackson, Esq.

February 2021 Vol. 89 No. 2

Chief’s Column Necessity: The Mother of Invention The Honorable Donald A. Myers, Jr.

Bar Association

Feature Pandemic Paves the Way for Creative Swearing-In Ceremonies for New Florida Bar Members Diversity & Inclusion Committee Florida Bar Path to Unity Campaign Jill Davis, Esq.

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Contents 3

16-17

President’s Message Sharing Black History LaShawnda K. Jackson, Esq.

Editor Robyn M. Kramer

Feature Pandemic Paves the Way for Creative Swearing-In Ceremonies for New Florida Bar Members

Clerk’s Corner Attorneys Needed at Downtown Self Help Center The Honorable Tiffany Moore Russell

Joint OCBA and Paul C. Perkins Bar Association Luncheon Tricia "CK" Hoffler President, National Bar Association

Associate Editors Karen L. Middlekauff & John M. Hunt Hearsay Columnist Linnea M. Eberhart

Young Lawyers Section News YLS on the Move Kimberlee A. Martin, Esq.

YLS on the Move Kimberlee A. Martin SideBar Alena V. Baker

w OFFICERS LaShawnda K. Jackson, President Eric C. Reed, President-elect Karen L. Persis, Treasurer Amber N. Davis, Secretary

Diversity & Inclusion Committee Florida Bar Path to Unity Campaign Jill Davis, Esq.

Paralegal Post Toys for Tots: Holiday Toy Drop-Off Tina M. Farrington, FRP, CP

Professionalism Committee A Tribute to David King: Advice to Young Lawyers Darryl M. Bloodworth, Esq.

w EXECUTIVE COUNCIL Euribiades Cerrud, II Keshara D. Cowans Lisa Gong Guerrero Arti Ajit Hirani Kate T. Hollis Kristopher J. Kest Bruce A. Mount Gary S. Salzman Jennifer Smith Thomas Jessica A. Travis William D. Umansky M. Ryan Williams Anthony F. Sos, Ex-officio Brandon M. Sapp, YLS President

Chief’s Column Necessity: The Mother of Invention The Honorable Donald A. Myers, Jr.

Appellate Practice Committee Pleading with the Bench and Bar: It's Time to Take Fact Pleading Seriously Eric J. Netcher, Esq.

Voluntary Bar News SideBar Alena V. Baker, Esq.

New Members

Classifieds

Calendar

Legal Aid Society News Moving Forward, Looking Back: 60 Years of Legal Services – 1961-2021 Donna A. Haynes

w EXECUTIVE DIRECTOR Jenny Brown w Advertising & Sponsorship Manager Ursla Gallagher w Publication Services Candice Maull

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

DEADLINE INFORMATION

Magazine Advertising – 10th of the month prior to the month of publication eEdition Advertising – 20th of the month prior to electronic distribution Copy – 15th of the month six weeks prior to the month of publication If the deadline falls on a weekend or holiday, the deadline is the next business day. Publication of advertising herein does not imply any endorsement of any product, service, or opinion advertised. The opinions and conclusions, including legal opinions and conclusions contained in articles appearing in The Briefs, are those of the authors and do not reflect any official endorsement of these views by the Orange County Bar Association or its officers and directors, unless specifically stated as such. All contents ©2021 Orange County Bar Association. All rights reserved. Designer: Catherine E. Hébert Cover photo: Adobe Stock ISSN 1947-3968

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President’sMessage

February 2021

Sharing Black History

appy Black History Month! While some see this month as a month to be celebrated by Black people, it truly is a month for all of us – no matter your race, color or creed – to celebrate OUR history that too often does not get recognized or told. Even I sometimes take Black history for granted. I go in and out of the Brevard County CourtLaShawnda K. Jackson, Esq. house often. But I don’t always stop to reflect on what I see as I walk in – the names that adorn the building. All too often I get a call from someone who knows that I grew up in the Mims/Titusville area and they ask how they don’t know the story behind those names. My family and I actually got a chance to share the story with some friends as we sat in a park on a street bearing one of the names. On November 14, 2015, we were at a park in Mims celebrating my birthday when out of the corner of my eye I spotted a white horse drawn carriage. (If you have ever been to East Mims, you know just how out of character it is to see a horse drawn carriage.) After a few seconds of being puzzled, I then knew exactly what it was and I began to tear up. As I explained to my friends who had driven over from Orlando, the horse drawn carriage was part of the funeral processional for Evangeline Moore, the youngest daughter of civil rights icons Harry T. Moore and Harriette Vyda Simms Moore, whose names now adorn the Brevard County Courthouse. For those of you who don’t know, and as a reminder to those who have heard the story, Harry T. Moore and Harriet Vyda Simms Moore were educators in Brevard County, and Mr. Moore was one of the first martyrs of the civil rights movement after World War II. The Moores had advocated for equality and fairness in housing and education, as well as equal pay for Black teachers in public schools. As an active member and officer of the Florida NAACP and other organizations, Mr. Moore investigated lynchings, filed lawsuits against voter registration barriers and helped increase Black voter registration in Florida. He even organized a campaign against the conviction of the Groveland Four. The Moores’ advocacy eventually cost them their lives. On Christmas night, December 25, 1951, which coincidentally was the Moores’ 25th wedding anniversary, a bomb went off underneath their home in Mims, Florida. Because he couldn’t be treated at the segregated hospital nearby, Mr. Moore died of his injuries en route to the “colored” hospital 30 miles away in Sanford. Mrs. Moore died from her injuries nine days later. The horse drawn carriage we saw on November 14, 2015, was giving Evangeline her final ride from her childhood home, down Harry T. Moore Avenue, past the former “Mims Colored School” where Evangeline’s mother had taught, to one of the oldest churchtheBriefs February 2021 Vol. 89 No. 2

es in the community for her funeral. It was a sad day, but a great opportunity for me to share some Black history with my friends. Evangeline Moore spent most of her adult life sharing the story of her parents and seeking to preserve their often-forgotten legacy. Although a coincidence, I was honored to see her final ride down Harry T. Moore Avenue – the street on which I had lived during my youth – and I am proud to be able to share this little-known Black history story that originated in my little hometown. I hope that the next time you walk into the Brevard County Courthouse in Viera, you have a new profound respect and understanding of the significance of its name. Also, if you’re ever in Brevard County with some extra time or looking for an outing just a short drive away, I encourage you to visit the Harry T. & Harriette Moore Cultural Center and Museum located at 2180 Freedom Avenue, Mims, FL 32754, to learn more about the Moores and their legacy. In honor of Black History Month, I share Black history with you in hopes that you will share Black history with others. I credit much of my knowledge of Black history to a woman we affectionately called “Ms. Gene.” I don’t know who sent her, but Ms. Gene would show up at our local community center to help us with computer training and other skills. One year Ms. Gene enrolled us in a Black history trivia contest. I never studied so hard and learned so much in such a short period of time. While I don’t believe we placed first in the competition, we considered ourselves winners because of all the knowledge we gained and because we correctly answered the questions about Harry T. and Harriette Moore. As I have done during past presidencies, in honor of Ms. Gene, I leave you all with some Black history trivia. Please feel free to share your results of the trivia questions or your own little known Black history stories at #OCBASharesBlackHistory. OCBA BLACK HISTORY MONTH TRIVIA 1. What was the name of Dr. Martin Luther King Jr.’s father’s church? A. Atlanta Southern Baptist Church B. Atlanta Tabernacle Church C. Ebenezer Baptist Church D. 16th Street Baptist Church 2. Who were the slain civil rights leaders whose house was bombed on December 25, 1951, in Mims, Florida? A. Emmett Till and Mose Wright B. Harry T. Moore and Harriette Vyda Simms Moore C. Rosa Park and Dred Scott D. Paul Guhard and Addie Mae Collins 3. On November 2, 1920, what prominent Black businessman in Ocoee, Florida, had his home surrounded by a white mob, was killed and then his body dragged to Orlando where it was hung to intimidate other Blacks from trying to vote?

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Clerk’sCorner Attorneys Needed at Downtown Self Help Center

s we all continue to navigate through these difficult times, now more than ever, our Self Help Center is seeing an increase in pro se litigants in need of assistance due to the pandemic. This increased need has also created a demand for the number of attorneys we have available to provide legal assistance and make sure some of our most vulnerable populations have access to justice. To that end, that is why I am making a special plea for attorneys who want to give back to our community for those who can’t afford traditional legal assistance. Any and all attorneys are welcome, but there is also always a special need for bilingual attorneys who speak English, Spanish,

and Creole. If you can assist, I encourage you to apply by contacting the OCBA. If you are not aware, all of our Self Help Center attorney consultations are now all virtual on Monday, Wednesday, and Friday at the downtown courthouse. These attorneys provide legal assistance to pro se litigants who need help with legal forms and who have procedural questions regarding family law, small claims, and landlord/tenant issues. I also want to take time to thank the OCBA and all of its attorneys for helping my office to continue to increase better access to justice to our community. This important partnership continues to be crucial as this panel of OCBA attorneys in our Self Help Center provides much needed legal information. I am committed to increasing access to the courts for the citizens of Orange County. This includes efforts to increase knowledge about the role of the courts and clerks, and offering more online services and information to court users, including those who are self-represented. The Honorable Tiffany Moore Russell, Orange County Clerk of Courts, has been a member of the OCBA since 2004.

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Joint OCBA and Paul C. Perkins Bar Association LuncheonThursday, February 25, 2021 F E AT U R E D S P E A K E R

Tricia “CK” Hoffler

President, National Bar Association CK Hoffler is a seasoned trial lawyer

and the CEO of the CK Hoffler Firm, a trilingual law firm (English, French and Spanish) based in Atlanta Georgia. She specializes in commercial litigation, opioid litigation, catastrophic injury, civil rights, global commercial transactions, medical negligence, wrongful death, and employment cases. Ms. Hoffler is licensed in Georgia, Florida, Virginia, D.C., and Pennsylvania. To date, CK Hoffler (and her teams) has tried and/or settled cases totaling over $800 million. An accomplished attorney, Ms. Hoffler was previously a partner at Edmond, Lindsay & Hoffler, LLP and a partner at the Willie Gary Firm in Florida, where she ran the commercial and international litigation practice for 13 years. She is also counsel to civil rights icon The Reverend Jesse Jackson and has represented him and the Rainbow Push and Wall Street Project for the past 30 years.

Ms. Hoffler also lectures extensively on trial and best-practices strategies to legal professionals and young lawyers across the nation. On July 29, 2020, Ms. Hoffler was sworn in as President of the National Bar Association. Ms. Hoffler received a JD from Georgetown University, BA from Smith College and studied at College du Leman, University of Geneva in Switzerland and Branksome Hall in Canada. She speaks French fluently and is proficient in Spanish and Portuguese. She holds a number of honors and awards for her achievements in law and is active in her community.

The first 200 members who RSVP will receive a lunch e-gift card! RSVPs must be received by Monday, February 22, 2021 to qualify for the gift card.

Virtual on Zoom

Thursday, February 25, 2021

Title Sponsor:

12:00 p.m. – 1:00 p.m. Please RSVP by Monday, February 22, 2021 RSVPs will not be accepted after February 22, 2021 www.orangecountybar.org/store

To register or cancel, contact Stephanie Sadi at stephanies@ocbanet.org

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ProfessionalismCommittee A Tribute to David King: Advice to Young Lawyers

oren Kierkegaard was a 19th century philosopher widely considered to be the first existentialist philosopher. He was well known for many of his quotes, but my favorite is, “Life can only be understood backwards; but it must be lived forwards.” Kierkegaard’s quote came to mind as I listened to the tributes paid to my good friend David King following his recent untimely death. Darryl M. Bloodworth, Esq. I don’t believe I have ever heard more impressive and heartfelt tributes to anyone before, and David was deserving of every one of them. Indeed, it is only when we look backwards on the entirety of his life that we fully appreciate all that he accomplished as a lawyer. He was a man of great integrity with a strong sense of justice – and what justice required. To me, and to many others, he was the model of what a trial lawyer should be – a living Atticus Finch. David was so gifted as a lawyer and so grounded in his character that it’s easy for us as we look back over his career to assume his victories were easy for him. We find it hard to believe that someone with his skills and intelligence ever went through the same struggles and doubts in his cases that we do in ours. David would be the first to tell you, however, that he experienced many of the same doubts and struggles that we do as he was handling his cases. He was living his life forward, and in the middle of his cases, he didn’t know what the ultimate outcome would be – even if he was quite sure what the outcome should be. Even in the Fair Districts case, perhaps his best known victory, there were setbacks that caused him to question whether he would ever be able to obtain the just result he was seeking. He and his team made forty-three wearying round trips to Tallahassee, not all of which were victory tours. David and his team had to keep soldiering on, living life forward amidst the uncertainties of the case. The ultimate victory was sweeter because there was never a sense that victory was inevitable, although it may now seem so to us looking back. The fact David had his own doubts and uncertainties in his cases in no way diminishes what he accomplished. In fact, it helps explain why he was so successful. I had the privilege of working with David on a number of cases over the years. I remember often discussing with him the things that could go wrong in our cases, and how we should deal with each of them. We weren’t always sure what was the right approach, and our decisions had to be made in a fog of uncertainty at times. But our doubts led us to being better prepared than we otherwise would be. Although it didn’t happen often, David occasionally experienced the sting of defeat in his cases. He disliked losing every bit as much as any of us do. When we put everything we have into representing a client, and the client loses despite our best efforts, there is no other way to describe it – it stings. And it causes us to question the decisions we made in the midst of the case. Could the result have PAGE 6

been different if we had made different decisions? Living life forward, we may never know the answer to those questions. But David didn’t stay down for long. He recognized that what we lawyers do is hard, and no lawyer is going to make all the right decisions in every case. The rare loss just made him more determined in the next case, which is why his losses became rarer as his career progressed. The reason I mention that David had his struggles, uncertainties and setbacks along the way is that the data in recent years indicates that a large percentage David B. King, Esq. of lawyers – especially young lawyers – are unhappy in their chosen profession. One survey by The Florida Bar showed that fully one-third of Florida lawyers would choose a different career if they had it to do over again. Although there are many reasons why so many lawyers are unhappy, I believe the stress from having to make difficult decisions on behalf of demanding clients amidst all the uncertainties of litigation – or of a transactional practice – is one of the major reasons. Even someone as accomplished as David King has experienced that kind of stress. I remember David telling me about one of his cases that had been particularly hard fought, with a capable but contentious lawyer on the other side. By the morning of the last day of trial, he was so worn out and emotionally exhausted he wasn’t sure he could go on. However, just as he was admitting this to himself, his opposing counsel called to accept the settlement proposal David had extended the previous evening. Looking back at this situation, and knowing David as I do, he would have found the strength to go on. But he wasn’t looking back as the last day of trial approached. He was living his life forward, and it was difficult, even for him. So, what advice can we glean from David’s life about how to deal with the stresses inherent in the practice of law – and particularly in litigation? First, recognize that what we do is hard. You will have to make difficult decisions for your client even when you don’t have all the facts and are uncertain as to the right decision. Like every other lawyer in the case, you must make these decisions without necessarily knowing what the full impact of your decision will be. Careful preparation will help reduce some of the uncertainties, but they will always be there. In a former life, I was an Air Force pilot flying high performance aircraft in close formation, sometimes in the clouds. I have always thought that what we do

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Orange County Bar Association Election Notice The names of nominees for the following offices are listed on the OCBA website. • Vice President/President-Elect • Treasurer • OCBA Vice President / President-Elect • OCBA Treasurer • OCBA Secretary • OCBA Executive Council Members • Legal Aid Society Board of Trustees • Young Lawyers Section At-Large Board Members

Voting shall be conducted ONLY BY SECRET BALLOT. Each voting member will receive secure access to the ONLINE BALLOT via an EMAIL sent to the member’s EMAIL ADDRESS listed in the BUSINESS EMAIL ADDRESS LINE of the member’s membership record.

Voting will begin on Monday, February 15, 2021, and closes at 5:00 p.m. ET on Friday, February 26, 2021. The election is being conducted on behalf of the OCBA by Intelliscan, Inc., an independent election services provider. All voted ballots will be certified by the Secretary of the OCBA. If you have any questions, please contact: Carolyn Cochrane at 407-422-4551 ext. 245, or carolync@ocbanet.org.

7th Annual Law Day 5K Saturday, April 24, 2021 7 a.m. to noon Lake Baldwin Park, Orlando

2380 Lake Baldwin Lane, Orlando, FL 32814

SPONSORSHIPS AVAILABLE! Contact Ursla Gallagher at urslag@ocbanet.org To register: https://bit.ly/2021lawday5k / $25 / Registration opens Jan. 1, 2021

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Chief’sColumn Necessity: The Mother of Invention

hey say that necessity is the mother of invention. For the courts – where change does not come easy – this could not be truer. At the start of the COVID-19 pandemic, we faced a clear choice: hang onto the idea of in-person hearings as sacrosanct and delay justice for an indeterminate amount of time, or redefine how we administer justice. Delaying justice was, and The Honorable always is, an untenable option, so we chose to redefine what it Donald A. Myers, Jr. means to attend a hearing and Chief Judge opened virtual courtrooms. Ninth Judicial Circuit Court At the start of March 2020, a Teams or Zoom hearing was unfathomable to most. Here we are almost a year later and it is equally unfathomable to envision the courts without them. Remote technology options have been invaluable to the health and safety of court staff and court users. Virtual hearings have increased the opportunities for those who are working or may have contracted the virus to access the courts in a timely fashion, helping further the vision of the Florida courts. However, the efficiencies for lawyers, parties, and the court have not gone unnoticed. While not a perfect solution for all hearings, virtual options have proven valuable during this time. After experiencing these benefits and knowing what we know about their impact and accessibility, virtual hearings are here to stay. There is no going back. Now it is up to us to hone our skills and refine our processes. And, we need to start with establishing best practices. Reminding everyone to wear business attire from the waist down is something that I never imagined doing. However, in the age of “Zoom-wear” I think it warrants saying. Dressing appropriately for court is a best practice for both in-person and virtual hearings. So, save your shorts for the weekend and don full business attire for your virtual hearings. As I said at a recent town hall meeting – Pants Matter! Similarly, dedicate the same time and attention to your virtual hearings that you would in person. Join the hearing from a private, quiet location, not a coffee shop or other public space. Close out all other applications, refrain from multi-tasking, and give the hearing your undivided attention.

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On the technical side of things, while it is easy and convenient to call into a hearing on a phone, it is best practice to join from a computer – one that is ideally connected to the internet through a hardwire or broadband Wi-Fi. A stable connection using your computer becomes essential when sharing your screen and presenting evidence. And, remember that while computers have built-in microphones, that internal hardware does not produce good audio. Best practice is for all parties to wear a headset with a microphone, and to keep audio muted until called upon to speak. All of the best practices I’ve mentioned are platform agnostic. Regardless of whether your hearing is on Teams, Zoom, or WebEx, these practices apply. However, while the platforms are exceedingly similar, there are nuances to navigating each of them. And, given that there is no set standard for the courts – each judge choosing the platform that works best for their courtroom – best practices dictate that you familiarize yourself with all three. Download their apps. Visit their websites and take their free tutorials. Don’t use your first virtual hearing in an unfamiliar platform as a training ground. While we still have a lot to learn, and a lot of processes and procedures to formalize, it is also important to acknowledge the immense strides we have made in an exceedingly short period of time. Virtual hearings are a remarkable success, and in no small part because of you. The judiciary put in a tremendous amount of time and effort to bring virtual hearings to our Circuit, but its highest success was, and still is, contingent on your support. It is not an overstatement to say these are history-making moments. This change did not come easy for our courts or for you. And, it did so only through the intentional and concerted efforts of our partnership and our shared commitment to justice. I thank you for support, and for embracing the constraints of a pandemic as a catalyst for change and invention. The Honorable Donald A. Myers, Jr., chief judge of the Ninth Judicial Circuit, was elected to the Circuit Court for Orange and Osceola counties in 2010 and has been an OCBA member since 1980.

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Appellate PracticeCommittee

Pleading with the Bench and Bar: It’s Time to Take Fact Pleading Seriously

xpressing apparent frustration in 2006, the Fifth District Court of Appeal stated: “As we wearily continue to point out, Florida is a fact-pleading jurisdiction, not a notice-pleading jurisdiction.”1 Fourteen years later, it is unclear whether this oft-repeated message is getting through to the bench and bar. Many of us have been there. A complaint is filed that contains Eric J. Netcher, Esq. minimal to no factual allegations. It is full of generic statements and legal conclusions. It is unclear exactly what is being claimed. Hoping to force compliance with Florida’s fact pleading rule, you file a motion to dismiss. But these motions seem more frequently than not to be met with a typical refrain: “at this stage, there’s enough to move on to discovery.” Perhaps it is a natural impetus to just move on and get the case rolling. After all, the facts can be sorted out in discovery, right? But the pleading stage is critical. The pleading stage is the stage that frames the issues for discovery and trial. The pleading stage focuses the issues for the parties and the court. Without proper factual pleadings, parties and the court do not know what facts need to be sorted out at discovery and trial. It’s time to take fact pleading seriously. Doing so will make litigation more focused, less expensive, and ultimately more just. What exactly is fact pleading? Fact pleading, also referred to as code pleading, was adopted in many states as a reform to common law pleading. Common law pleading was “the system of pleading historically used in the three common-law courts of England” and adopted by early American courts.2 Common law pleading, and all its intricacies, is beyond the scope of this article. It’s enough for present purposes to know that common law pleading was quite technical and formalistic.3 Reform of common law pleading in America first came to New York in 1848 with the adoption of fact pleading in the Field Code, so named for David Dudley Field – one of the commissioners that designed the code.4 Florida adopted code pleading during reconstruction in 1870, but shortly after returned to a modified common law pleading system.5 It was not until the 1950s that Florida fully did away with common law pleading in favor of fact pleading.6 Fact pleading is a higher standard than its contemporary competitor – notice pleading. The Federal Rules of Civil Procedure first introduced notice pleading in 1938.7 Notice pleading was a reform and further liberalization of code pleading. It is a “procedural system requiring that the pleader give only a short and plain statement of the claim showing that the pleader is entitled to relief, and not a complete detailing of all the facts.”8 As its name suggests, notice is the most important component of notice pleading. Notice pleading places the primary burden of narrowing the issues on pretrial procedure such as discovery as opposed to the pleadings. PAGE 10

Understanding fact pleading in relation to the other forms of pleading helps to elucidate the requirements and aims of fact pleading. We are all familiar with the fact pleading standard in the abstract. Indeed, it’s usually included in motions to dismiss and often glanced over. Pleadings must include “a short and plain statement of the ultimate facts showing that the pleader is entitled to relief.”9 Fact pleading “forces counsel to recognize the elements of their cause of action and determine whether they have or can develop the facts necessary to support it, which avoids a great deal of wasted expense to litigants and unnecessary judicial effort.”10 The idea is to require litigants at the outset to “state their pleadings with sufficient particularity for a defense to be prepared.”11 “Craftmanship in pleadings frame the issues between the parties so they can ‘know what they’ve got to meet and get ready to meet it.’”12 At its core, fact pleading requires a plaintiff to allege the facts that establish each element of the claim. One critique of fact pleading that led many to turn to notice pleading is the position that “it is virtually impossible to logically distinguish among ‘ultimate facts,’ ‘evidence’ and ‘conclusions.’”13 But is that right? What’s so hard about recognizing a fact from a legal conclusion? As the Fifth DCA succinctly explained in Beckler v. Hoffman: To allege that A murdered B is to allege a conclusion; to allege that A killed B deliberately and intentionally without legal justification or excuse, is to allege ultimate facts; to allege that at a certain time and place A hated B and lay in wait for B and aimed and fired a pistol at B and that the bullet fired from A’s pistol struck B and caused B to die, is to allege evidence.14 Beckler is a useful example. There, the Fifth DCA concluded that an allegation that a “convenience store and the surrounding vicinity were the scene of violent and dangerous criminal activities” several months before the plaintiff’s abduction and rape was insufficient to allege the defendants’ constructive knowledge that the convenience store was an unsafe.15 The court held “that the words ‘vicinity’ and the phrase ‘violent and criminal activities’ are conclusions” not ultimate facts.16 Similarly, the Fifth DCA has explained that the phrases “‘not lawful’ and ‘not properly payable’ are conclusions, not facts.”17 What it comes down to is whether or not the complaint alleges what happened plainly in a factual manner or whether it utilizes sweeping legal conclusions without factual support. That assessment can and must be made to ensure the aims of fact pleading are met. There is a sense amongst lawyers that federal standards are generally stricter than their Florida counterparts. Historically, that has been the case for the summary judgment standard.18 But not so for the pleading standard. The Fifth DCA explained in 1994 in Continental Baking: The pleading standard in federal court and the pleading standard in our state courts differ radically. The federal courts only require notice pleading; Florida is a fact-pleading jurisdiction. The quality of pleading that is acceptable in federal court and which will routinely survive a motion

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to dismiss …will commonly not approach the minimum pleading threshold required in our state courts. Florida’s pleading rule forces counsel to recognize the elements of their cause of action and determine whether they have or can develop the facts necessary to support it, which avoids a great deal of wasted expense to the litigants and unnecessary judicial effort.19 This statement is somewhat dated following the United States Supreme Court’s decisions in Twombly20 and Iqbal21 which strengthened federal pleading requirements to something more resembling fact pleading. That is, the Supreme Court required “enough facts to state a claim to relief that is plausible on its face.”22 But it remains the case that Florida’s pleading requirements are more rigorous than federal requirements. For example, in a recent Southern District of Florida decision, Judge Darrin Gayles explained that “[i]n contrast to Florida’s heightened fact-pleading standard, a well-pleaded complaint under [federal] Rule 8(a)(2) requires only a ‘short and plain statement of the claim showing that the pleader is entitled to relief.’”23 To this day, Florida law ostensibly places stricter requirements on pleading than federal courts. Even in federal court with a standard admittedly lower than Florida’s, a “plaintiff is not allowed to use [generic and amorphous] allegations to haul an entity into federal court and then use discovery procedures to sort out the facts.”24 That’s “not the way it works.”25 If that’s not the way it works in federal court, it certainly should not be the way it works in Florida courts with our “heightened pleading requirement.”26 But is this heightened standard borne out in practice? Everyone involved in our civil justice system should take fact pleading seriously to make sure that it is. To the plaintiff’s bar, allege facts

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that support the elements of your claim. Avoid the temptation to allege generic and conclusory statements. You may not want to allege facts in a plain manner for fear that you’re leaving something out. But if discovery reveals additional information about your claims, you can always amend under Florida’s liberal amendment rules.27 And sometimes, you may just not have enough facts to meet the elements of your claim. In that case, you have several options. You can do more investigation to see if you can establish the facts necessary to state a claim. You can file a pure bill of discovery which remains “an appropriate remedy to obtain information such as the identity of a proper party defendant or the appropriate legal theory for relief.”28 Or maybe, just maybe, you choose not to file the lawsuit. To the defense bar, recognize facts when you see them. Taking the fact pleading standard seriously also means you have to answer when facts are alleged. Do not utilize the motion to dismiss as an opportunity to delay. That said, do not let conclusory allegations go unchallenged. Force plaintiffs to state their ultimate facts upfront. Waiting to do so will only cause confusion and unnecessary discovery disputes. To the bench, enforce the fact pleading standard. Hold parties’ feet to the fire so that the benefits of fact pleading can be realized. Sure, deciding what is a fact or a conclusion is a continuum that will involve close calls. But to pretend that there is no meaningful distinction between a fact and a conclusion is to give up on pleading altogether as an important procedural requirement to aid in the efficient application of substantive law. And for all, remember the pleadings throughout the course of the suit. Don’t think that those formulaic documents filed at the out-

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President’sMessage continued from page 3

A. Julius “July” Perry B. Elmer McDaniel C. Augustine “August” Freeman D. Mose Norman 4. Who was the first Black person to appear on a U.S. postage stamp? A. Martin Luther King, Jr. B. Jackie Robinson C. Harriet Tubman D. Booker T. Washington 5. Who was the first Black head coach in the NFL? A. Tony Dungy B. Fritz Pollard C. Ray Rhodes D. Art Shell

8. What group launched the Freedom Rides in 1961? A. CORE – Congress of Racial Equality B. ACLU – American Civil Liberties Union C. SCLC – Southern Christian Leader- ship Conference D. SNCC – Student Nonviolent Coordinating Committee 9. Who wrote the bestselling memoir: I Know Why the Caged Bird Sings? A. Rosa Parks B. Fannie Lou Hamer C. Maya Angelou D. Coretta Scott King

ANSWER KEY: 1. C; 2. B; 3. A; 4. D; 5. B; 6. A; 7. C; 8. A; 9. C; and 10. B. Bonus: E (Sara Boone designed the modern ironing board in 1892, Garrett Morgan invented the modern traffic light in 1923 and in 1940 Frederick McKinley Jones received a patent for the roof mount cooling systems used in refrigerated trucks.) LaShawnda K. Jackson, Esq., is a partner at RumbergerKirk, practicing in the areas of casualty litigation, products liability, and trucking defense. She has been a member of the OCBA since 2002.

10. In 1960, four African American college students staged a sit-in that helped integrate this store’s lunch counter? A. Sears, Roebuck and Co. B. Woolworth’s 6. Who was the first Black person to win C. Macy’s a gold medal for the U.S. at the Olympics? D. Penney’s A. John Taylor B. Jesse Owens Which of these items were invented by a C. George Poage Black person? D. William DeHart Hubbard A. The modern ironing board B. The original idea of pressing two 7. Who was the first President of the Na hot plates together that would lead tional Association for the Advancement to today’s flat iron of Colored People (NAACP)? C. The three light traffic light A. C.K. Steele D. The refrigerated truck B. C.K. Hoffler E. A, C and D C. Moorfield Storey F. A, B and D D. Ben Jealous

ProfessionalismCommittee continued from page 6

as trial lawyers is more difficult than that. So take pride in what we do, as David always did. Second, recognize that the stress is so great, in part, because what we do is so important. Whether it’s a personal injury case, a will contest, or a contract dispute, the outcome can have a significant impact on the client’s life. We are privileged to have the opportunity to help our clients through what may be a life-changing event. David fully understood this, and that is why he was always such a strong advocate for his clients. The stress will always be there, but knowing how important our efforts are as we serve our clients can bring joy that will hopefully overcome – or at least reduce – the stress. Third, one reason David was able to handle the stress of his active trial practice so well is that he treated everyone with respect. PAGE 12

The best way to receive respect is to show respect. Almost everyone paying tribute to David commented on what a gentleman he was. Although he was a zealous advocate for his clients, he always treated everyone with professionalism and courtesy. Much of the stress from the practice of law comes from needless disputes between counsel. Over time, these needless disputes can wear us down. Someday when you look back over your career, you will be able to more fully evaluate whether the petty disputes in your cases were helpful or just contributed to the stress. While you are now living your professional life forward, resolve not to be the instigator of needless disputes. So, if you follow David’s example as you live your professional life forward, will you be as outstanding a lawyer as he was? Probably not; he was an exceptionally gifted attorney. But you will become the best version of the lawyer you can be. And that is a great way to honor his memory. www.orangecountybar.org

Darryl M. Bloodworth, Esq., is a founding partner of Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A., and practices in the area of business litigation. He is a former President of the Orange County Bar Association, a former member of the Board of Governors from the Ninth Judicial Circuit, and a former President of The Florida Bar Foundation. He has been a member of the OCBA since 1972.

David King was the first recipient of the William Trickel, Jr. Professionalism Award in 1994. Darryl Bloodworth received the award in 1998. Editor’s note: For the past three years, I have had the honor of calling David King my boss. David was the type of leader whose first question in a meeting was “What are your thoughts?” He always considered and listened to his colleagues, cheered for (and bragged about) his partners’ and associates’ successes, cherished his staff, and worked hard or harder than everyone around him. He will always live on in our hearts for being an all-around kind, intelligent, cheerful, silly, and beautiful person, and we will try to live up to his greatness. He would expect nothing less. – Robyn M. Kramer

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Legal Aid SocietyNews

Moving Forward, Looking Back: 60 Years of Legal Services – 1961-2021

doubt 60 years ago Legal Aid Society of the OCBA’s (LASOCBA’s) founders imagined that members would practice law through ZOOM, deal with a raging pandemic, economic depression, nation-wide shutdowns, and struggles across every population segment. In 1961, IBM introduced the Selectric typewriter; and the closest thing to a pandemic was a South African influenza. The US yearly Donna A. Haynes inflation rate was 1.07%, an average income was $5,315, gas cost 31 cents per gallon, eggs were 57 cents per dozen, and the average home cost $12,500. My, have some things changed. What has not changed is the “sister” corporate relationship between the OCBA and LASOCBA. Together, we change lives. Today, our community’s needs are at an all-time high because needs are at an all-time high; at LASOCBA, we have the honor of providing free civil legal services to those who need us. We do this with the support of Jenny Brown, OCBA staff, and OCBA’s members. LASOCBA is your official charity. Over the past 60 years, the approach to fundraising has changed; from teas to banquets, auctions, galas, 5K races, and yes, even game nights with cards and adult-beverages. Many fundraising tactics were tried, but only one has stood the test of time: The Breakfast of Champions. In 2020, local legal and professional business members supported the 13th Annual Breakfast of Champions event with 366 attendees at our inaugural live virtual event. From WESH 2 News, Stewart Moore served as Master of Ceremonies. Board President, Kristopher Kest, welcomed our guests and introduced LASOCBA’s fourth Executive Director, Bethanie Barber. Bethanie passionately shared her excitement for LASOCBA client success, agency goals, and the OCBA. Clients told their

stories, and OCBA President-Elect, Eric Reed, highlighted some differences between 2020’s event and that of 2019 at downtown Orlando’s Amway Arena during his Some Good News segment. Eric and his sidekick, Baxter, reminded our guests of some of the benefits of having a virtual Breakfast of Champions: “1. You didn’t have to get up at 5:30 in the morning, battle through traffic, look for a parking spot and scramble to arrive at the Amway Center by 7:00 AM. 2. You did not have to wait in the coffee station line, terrified that Judge Egan was going to take the last cup of coffee. 3. You did not have to zone out for 45 seconds, wondering ‘WHY is the vegetable egg frittata pink?’ 4. You didn’t have to strap on compression socks to fight off the popsicle toes effect from the icy Amway floor. 5. You could probably take a cat nap like Baxter today!” Eric brought a smile to our faces as we sat in our homes, some in pj’s, others in business attire, and one known person wearing a faded 2006 Nickelback concert t-shirt. With finesse and humor, Eric reminded us that despite what 2020 delivered, this really WAS “the lucky 13th Breakfast of Champions.” We agree with that statement. While Legal Aid continues to face a constant barrage of COVID 19- related legal matters, we continue to march towards our goal of providing quality legal services for every client we serve…just as we said we would in our 1961 mission statement. This year’s event brought 281 donations totaling $172,635.42. This was achieved because of our you and our event sponsors. If you would, please visit our sponsors’ websites, and thank them when you see them. They have invested in our community and it is a privilege to recognize them. Donna A. Haynes is the director of development for the Legal Aid Society of the Orange County Bar Association, Inc. She has been a member of the OCBA since 2008.

Regardless of the amount of your donation, we appreciate it. You are our CHAMPION. Join me with a round of applause for our BOC Co-Chairs, Ani Tangel-Rodriguez and Michael Andriano, plus our LASOCBA Board President, Kristopher Kest. They brought an impressive dose of commitment, good nature, and heart to the committee. If you would like to serve as a 2021 Table Captain, Ambassador, Committee member, or would like additional information about fundraising, please contact Donna Haynes.

Save the Date

14th Annual Breakfast of Champions Thursday, November 18, 2021 Sponsorships collected now: legalaidocba.org, be sure to notate: 2021 BOC SPONSORSHIP. boc@legalaidocba.org 772-812-5175

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Thank You to Our 2020 Breakfast of Champions Sponsors A very special thanks goes to our $10,000 Champion Sponsor, the Joe & Sarah Galloway Foundation.

Gold – $5,000

AdventHealth Legal Department Fisher Rushmer Attorneys at Law Florida Lawyers Mutual Insurance Company King, Blackwell, Zehnder & Wermuth, P.A. Main Law Firm Hon. Charles & Linda Wells

Silver – $2,750

Central Florida Association for Women Lawyers Etzler Law, P.A. Holland & Knight Jacobs Law Firm, PLLC/Fischel and Dina Scholsohn Foundation, Inc. Jonathan Jacobs Family Foundation Judges Sally D.M. & John Kest

Sally Milton Nelson Mullins OCBA Professionalism Committee OCBA YLS Orange County Sheriff’s Office Pinnacle Property Management Services, PLLC Emery H. Rosenbluth Shutts & Bowen, LLP John Stevens Tangel-Rodriguez & Associates, Inc. The LaRue Firm The Orlando Law Group, P.L. The Umansky Law Firm Total Health Guidance Troutman Law Firm VOIP3 Voya, The ABA Retirement Funds Patrick Walsh, in memory of Mike Walsh Zeno Office Solutions

Hon. Daniel “Dan” Traver Kimberly E. Hosley James E.L. Seay Kest Family Law, P.A. Law Offices of Tad Yates, P.A. Law Offices of William A. Davis, Jr., P.A. LawAsYouGo, LLC. Legal Talent, LLC. Martin Andersen - Gracia Andersen Foundation, Inc. N. Diane Holmes, P.A. PZ Law Firm, P.A. Quintairos, Prieto, Wood & Boyer, P.A. QPWB R. Lee Bennett R.A. Simasek, P.A. Rafael O. & Sarah Rodriguez Shannin Law Firm, P.A. ShuffieldLowman Attorneys and Advisors The Downtown Business Network Group Thomson Reuters TJM Communications, Inc. Total Health Guidance

Bronze – $500

Wieland & DeLattre, P.A.

Accurate Serve

Yergey & Yergey, P.A.

All Florida Investigations & Forensic Services, Inc.

Mateer Harbert Attorneys at Law

Anonymous

The Skambis Law Firm, P.A., in memory of John Hamilton

ANY LAB TEST NOW! Attorneys First Insurance

Universal

All Florida Investigations & Forensic Services, Inc.

Becker & Poliakoff, P.A.

Allegra Printing/Signs Now

Wolter VanDyke Davis, PLLC

Bennett Legal Group, P.A. Brown & Brown of Florida, Inc.

Disney

Zimmerman, Kiser & Sutcliffe, P.A.

Capella Immigration Law, PLLC.

Copper – $1,000 Accurate Serve ANY LAB TEST NOW! Axiom Banking CenterState Bank Dan Newlin Injury Attorneys Embrace Families Fighter Law Florida A&M University Foundation Suzanne E. Gilbert GrayRobinson Greenberg Traurig, LLP Losey PLLC Judith A. Luengas

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Carlton Fields Carr Law Firm, P.A. CenterState Bank N.A. Cerrud - Euri Cerrud in loving memory of Karen Cerrud Chuck & Marie Stepter Curtis Protection Services, Inc. John and Mary Anne De Petrillo Hon. Patricia Doherty DSK Law Florida Appeals Garganese, Weiss, D’Agresta & Salzman, P.A.

2020 In-Kind Donors:

Einstein Bros. Bagels Gary Yordon GBY Productions, Inc. Hand & Stone Massage and Facial Spa Just Perspective, LLC – Joe Tamborello Legal Graphicworks – Custom Graphics & Animations Lowe’s OUTFRONT Media Inc. Storyville Coffee Company Gary Tiedemann - Voice Over Venture X WFME WESH

GEICO Philanthropic Foundation Gerry Glynn & Angela Halladay Hispanic Bar Association of Central Florida

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Feature

Pandemic Paves the Way for Creative Swearing-In Ceremonies for New Florida Bar Members Allana Smith sworn In by parents

Eloisa Pino sworn in by The Honorable Gisela Laurent

“I had always been encouraged to become an attorney. Growing up, I was taught that justice isn’t merely some wish we hope for – it’s something you are called to go out and pursue. I’ll never forget my swearing-in ceremony which, due to the pandemic, was in my living room conducted by my mom who is also an attorney. Certainly not how I pictured it but definitely a moment my family and I will always cherish.” – Allana Smith, Esq. “Every law student dreams about the day they would swear in to the Bar. I can safely say that this was not the way I envisioned this going. However, I was excited to participate in the Florida Supreme Court’s first ever virtual swearing-in ceremony. The decision to host the ceremony virtually allowed Florida Bar Exam passers from across the world to participate, and I am thankful to have been able to participate from Orlando!” – Malasia McDuffie, Esq.

The Honorable Elizabeth Starr swears in new Florida Bar member, and mentee, Laurore B. Jeanpierre “‘She is unstoppable, not because she did not have failures or Schammua Policard and The Honorable Faye Allen doubts, but because she continued on despite “‘Everything is possible for one who believes.’ Mark them.’ – Beau Taplin” 4:23” – Laurore B. Jeanpierre

– Schammua Policard, Esq.

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Judge Bob LeBlanc swears in new Florida Bar member Nancy Miceli in front of a Ruth Bader Ginsburg mural in Thornton Park. “It was an honor to be able to be sworn in by Judge Leblanc in front of the memorial for the late Supreme Court Justice Ruth Bader Ginsberg. The legacy she made and left behind has been an inspiration to me and many other aspiring lawyers. She broke down so many barriers for female attorneys and she helped many others believe in the possible. It felt symbolic to become an Attorney with her there, because I may not have become one if not for her. I wish I could have met her and thanked her for all she has done, but instead I will honor her legacy and continue the fight for equality for everyone.” – Nancy Miceli, Esq.

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SAVE THE DATE Please join us in honoring the recipients of this year’s Professionalism Awards. We invite all OCBA members and their guests to attend this special event at no charge. Thursday, March 25, 2021

More information to be announced. Subject to becoming a virtual presentation.

Appellate PracticeCommittee continued from page 11

set have no meaning. On the contrary, they remain the lodestar guiding the litigation through the murky waters of discovery and trial. We all must strive to comply with fact pleading and honestly enforce it. Otherwise, its promised benefits are illusory. Eric J. Netcher, Esq., is a shareholder at Walker, Revels, Greninger & Netcher, PLLC. His practice focuses on appeals and civil litigation. Mr. Netcher currently serves as the Chair of the OCBA’s Appellate Practice Committee and the Co-Chair of The Florida Bar Appellate Practice Section’s Pro Bono Committee. He has been a member of the OCBA since 2015. Deloitte & Touche v. Gencor Industries, 929 So. 2d 678, 681 (Fla. 5th DCA 2006). 2 Pleading, Black’s Law Dictionary (11th ed. 2019). 3 Illustrating the complexity of common law pleading is this passage from a nineteenth century treatise: “The [common-law] pleadings in a cause are commenced, on the part of the plaintiff, with the declaration, which is a statement in writing of his cause of action, in legal form. This declaration, as every other pleading in the cause, is required to be framed agreeably to the established rules and forms of pleading, and if defective in any particular, either in substance or form, may be objected to, as insufficient in law, by demurrer, on the part of defendant; or he may allege some matter in abatement of the action, or may deny the declaration to be true in point of fact, or may set up matter in avoidance of it — such answer on the part of the defendant being technically denominated his plea. To the defense thus made, the plaintiff may again, in his turn, reply, either, in case of a demurrer, by reasserting his declaration to be sufficient in law to support his action, and referring that question to the judgment of the court, which is termed a joinder in demurrer; or, in case of a special plea, he may on his part demur to such plea, 1

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as insufficient in law to constitute a defense; or he may deny it to be true in point of fact, or allege some new matter in avoidance of it, according to the circumstances — such answer being styled a replication. To the replication the defendant may either demur upon the law, or oppose a rejoinder as to the fact; and to the rejoinder the plaintiff may demur, or oppose a surrejoinder; and so the parties may proceed, by a system of alternate allegation and objection, denial or evasion, technically termed the pleadings, until they arrive at an issue, that is, some specific point of law, or fact, affirmed on one side and denied on the other, and presenting the exact question for the court or jury to determine.” Sabin D. Puterbaugh, Puterbaugh’s Common Law Pleading and Practice 36-37 (3d ed. 1873). 4 Charles E. Clark, History, Systems and Functions of Pleading, 11 Va. L.Rev. 517, 533 (1925). 5 Id. at 535. 6 See Fletcher v. Williams, 153 So. 2d 759, 762 (Fla. 1st DCA 1963) (disapproved on other grounds) (“In 1949, effective January 1, 1950, the Supreme Court adopted our present rules of civil procedure which now control the practice and pleading in causes of action both at common law and in equity.”); Williams v. Smelt, 83 So. 2d 1, 2 (Fla. 1955) (“On [January 1, 1950], The Florida Bar rejected its allegiance to the old common-law forms of pleading and practice and announced its alignment with those who subscribe to more liberal rules of pleading in the interest of expediting the administration of justice and bringing causes to a quicker and less expensive conclusion.”). 7 See Thomson v. Washington, 362 F.3d 969, 970 (7th Cir. 2004) (“The federal rules replaced fact pleading with notice pleading.”). 8 Pleading, Black’s Law Dictionary (11th ed. 2019). 9 Fla. R. Civ. P. 1.110(b)(2) 10 Horowitz v. Laske, 855 So. 2d 169, 172 (Fla. Th DCA 2003) 11 Id. at 173. 12 Nguyen v. Roth Realty, Inc., 550 So. 2d 490, 491 (Fla. 5th DCA 1989). This sentiment is expressed in other fact pleading jurisdictions. See e.g., State ex rel. Harvey v. Wells, 955 S.W.2d 546, 547 (Mo. 1997) (“Fact pleading identifies, narrows and defines the issues so that the trial court and the parties know what issues are to be tried, www.orangecountybar.org

what discovery is necessary, and what evidence may be admitted at trial.”). 13 Weinstein & Distler, Comments on Procedural Reform: Drafting Pleading Rules, 57 Colum. L.Rev. 518, 520-21 (1957) 14 Beckler v. Hoffman, 550 So. 2d 68, 70 n. 1 (Fla. 5th DCA 1989) 15 Id. at 70 16 Id. 17 Berrios v. Deuk Spine, 76 So. 3d 967, 970 n. 1 (Fla. 5th DCA 2011) 18 However, the historical distinctions between the summary judgment standard applied in Florida courts and that applied in federal courts appears to be coming to an end this year. The Florida Supreme Court recently amended Florida Rule of Civil Procedure 1.510 to bring Florida’s standard in line with the federal standard. See In re Amendments to Fla. Rule of Civil Procedure 1.510, No. SC20-1490, 2020 WL 7778179 (Fla. Dec. 31, 2020). The amended rule is set to take effect on May 1, 2021. Id. 19 Continental Baking Co. v. Vincent, 634 So. 2d 242, 244 (Fla. 5th DCA 1994). 20 Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) 21 Ashcroft v. Iqbal, 556 U.S. 662 (2009) 22 Twombly, 550 U.S. at 570. 23 Malhotra v. Aggarwal, 2019 WL 3425161, at *1 (S.D. Fla. July 30, 2019) 24 S.K. v. Lutheran Servs. Fla., Inc., 2018 WL 2100122, *3 (M.D. Fla. May 7, 2018) 25 Id. 26 See Borden v. Allen, 646 F. 3d 785, 810 (11th Cir. 2011) (describing fact pleading as a “heightened pleading requirement.”). 27 See Fla. R. Civ. P. 1.190(a) 28Trak Microwave Corp. v. Culley, 728 So. 2d 1177, 1178 (Fla. 2d DCA 1998); see also Adventist Health Sys./Sunbelt, Inc. v. Hegwood, 569 So. 2d 1295 (Fla. 5th DCA 1990) (“One of the functions of a bill of discovery filed against a possible or putative defendant is . . . ‘to ascertain, as a matter of equity, who an injured party may sue and under what theory.’”).

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Young Lawyers SectionNews YLS on the Move

e are entering the second month of 2021 and it is already proven to be quite a year that will keep us on the edge of our seats (as expected)! This is also the month of love so, first, let us start off by telling all of our members – WE HEART YOU SO MUCH! Without you, we would not be as great as we are. So a big, socially distanced, hug to each and every one of you! Now on to the news! After recKimberlee A. Martin, Esq. onciling the virtual YLS Holiday Party held in December, YLS is proud to report that we raised over $3,500 to provide holiday gifts to 26 in-need students at Washington Shores Elementary and Orange Center Elementary! We donated scooters, books, games, and – thanks to our friends of the OCBA Legal Aid Society – even bicycles and helmets! The smiles on the children’s faces were priceless and we are so incredibly proud of our members for helping us shine some brightness in these students’ lives at the end of 2020. We are so very thankful to all our sponsors for helping us make the annual YLS Toy Drive possible in light of the circumstances. And we want to express our gratitude to our signature sponsor, Nexus Legal Solutions, for helping us smash our goals! If you have not already, watch our video mash-up created by event chairs Jacob Schumer and Taylor Chatting. YLS also continued with its CLEs on January 20 by holding a joint CLE on Human Trafficking with the OCBA Civil Rights Law Committee and GOAABA. We heard powerful words from human trafficking survivor Tina Kadolph, United Abolitionists founder Tomas Lares, Detective Maurice Edwards, and attorney Lisa Haba. We hope you enjoyed the event. Make sure you keep an eye out for many more CLEs to come! And let us know if you have any topics you would be interested in seeing. As always, thank you all for being so great. We hope your 2021 is off to a wonderful start and we are excited for the upcoming year’s events. Remember: February 15 through February 26 are OCBA Elections! We look forward to seeing who will serve on the next YLS Board as well as within the OCBA. Good luck to all the candidates! As always, make sure to keep up to date on the latest and greatest from YLS by finding us on Facebook, Twitter, and Instagram. Our handle is @ocbayls. And make sure to use #ocbayls, #wedomore, and #YLSistheKEYtoyoursuccess when posting about events so we can share in the fun with all of you!

YLS Holiday Party and Toy Drive

Top row (L to R): Jacob Schumer, Lauren Millcarek and Brandon Sapp, Martin Terrosi Middle row (L to R): Joey Chindamo, Taylor Chatting, Linnea Eberhart Bottom row (L to R): Jamie Billotte Moses, Jennifer Benton, Michael Barber Taylor Chatting and Michael Barber engaging in fun activities with the students at Washington Shores Elementary.

Kimberlee A. Martin, Esq., of Cohen Law Group, handles civil litigation matters, primarily in the area of plaintiff’s first property claims. She has been a member of the OCBA since 2013 and YLS Board Member since 2019.

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Diversity & InclusionCommittee Florida Bar Path to Unity Campaign

he Diversity & Inclusion Com- lationship of diversity to professionalism, and, mostly he talked mittee of the OCBA recently about race, gender, and ethnicity. I was moved to send him an had the opportunity to inter- eleven-page, footnoted letter encouraging him and the Court to view attorney Larry D. Smith, go further, by including sexual orientation in that discussion. I a seasoned trial attorney and a few weeks after I mailed the letter, I got a call from him. He was champion of diversity who will kind, professional, and empathetic. At the end of a pleasant chat, be recognized as one of five “faces he told me that he didn’t understand my perspective, but he unof change” featured in The Flori- derstood I had a perspective and that if I wanted to be part of da Bar’s upcoming Path to Unity the solution, he would walk down the hall to the Chief Justice’s campaign. The Path to Unity cam- chambers and ask that I be paign will be a traveling Florida appointed to the Supreme legal history project that will tell Court Commission on the story of The Florida Bar’s jour- Professionalism. You don’t Jill Davis, Esq. ney from its segregated past to the say “no” to a sitting Justice rich, multi-cultural organization that it is today. The five faces of who gives you an opportuchange are lawyers who inspired by example and made a significant, nity, so I didn’t. lasting contribution to changing historic misperceptions, and thereby Somewhat hesitantly (I made an easier path to those who came afterwards. wasn’t “out” at work), I Where did you grow up and where did you go to school and became the first openly Larry D. Smith, Esq. gay member of the Comstart your legal career? I was born in a quiet, rural little town called Cherokee, Alabama, mission. At my first meeting of the Commission, I had a plan. nestled in the northwestern corner of the State near the Tennessee I promised myself I would be quiet. I would work hard. And, River. My parents had a sixth grade education and I grew up “ma- once people got to know me, I would tell them that I was gay. It terially disadvantaged,” as in I didn’t have indoor plumbing or air didn’t work out that way. Justice Barbara Pariente addressed the conditioning until I went to college, where I became the first in Commission, and discussed the importance of diversity to professionalism. She, too, talked about race, gender and ethnicity. And, my family to graduate from a secondary school. with my heart beating loudly, I abandoned my plan of discretion I received my Bachelor’s Degree from the University of North Al- and raised my hand. I told her that I was openly gay and had come abama With Great Honor in 1979. I worked my way through to the Commission to share that perspective; that if the Comcollege and continued after graduation for two years, first with mission’s work embraced my perspective too, I would be a hard The National Park Service, and then in nuclear security for the worker and be the first to put my shoulder to the wheel. “If not”, I U.S. Tennessee Valley Authority. I studied, saved, and then en- said, “I don’t know why I’m here.” That was it: I was “out” profestered The University of Alabama School Law in 1981, and grad- sionally for the first time, and in a room of peers, colleagues and uated in 1984. judges who could crush my livelihood, but instead, became lifeUpon graduating from law school, I moved to Orlando, and long friends. Justice Pariente immediately said “of course it does” began working as an Associate at Rumberger, Kirk, Caldwell, and moved on. She later came over and gave me a hug. Cabaniss & Burke, P.A., now known as Rumberger Kirk. Shortly What are some of the changes you advocated and worked for after making partner, my mentor left with the main client whose over the course of your legal career? matters I had worked on, and I followed him along a journey of several iterations. In 2010, I became a founder of a small firm un- By the next year, I had helped develop the first diversity training til we closed it nine years later and I returned to Rumberger Kirk, program for The Florida Bar: Successful Lawyering in a Diverse Sothis time as Of Counsel. One reason for the move was to return ciety, and we conducted our first “train the trainers” session on to the collegial and highly successful group of attorneys I have December 7, 2000. respected for my entire career. The move also allowed me to slow The following year, I became the first openly gay attorney to addown and devote more time to my passion of writing, speaking, dress The Florida Bar about inclusion of sexual orientation as a and consulting about diversity, inclusion, and inclusive excellence, category of diversity in a “Masters in Professionalism” panel preand form the Institute for Inclusive Excellence which helps law sentation on June 21, 2001. I had no idea what to expect. I refirms, corporate legal departments, and businesses develop their member my turn to speak. own inclusive excellence. I’ve had the pleasure of addressing large groups of lawyers, engineers and other professionals before. But my remarks Tell us about how you became a champion of diversity & inNancy Weber • Hon. Heather Pinder Rodriguez • Lori Caldwell-Carr have centered upon substantive law and my professionclusion. Juna Pulayya • Lornawithin Truett •the Andrew al opinions areas IWindle practice. Today, I speak to On March 31, 1999, I became involved in diversity and inclusion you from my heart and my conscience … It is my goal Hon. Tesha Ballou • Susan Staggs • Mark O’Mara efforts within The Florida Bar. I read an article in The Florida Bar during my brief remarks today to offer you my perspective News where then Justice Harry Anstead was quoted about the rePAGE 22

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as a professional colleague who is gay. For those willing to consider that perspective, I hope my remarks may heighten the collective understanding of some of the challenges facing gay and lesbian attorneys and, by doing so, make some progress toward reducing them. The room was so quiet. I literally think I could have heard the proverbial pin drop. I looked at the audience who were polite, quiet, unsure. After a few minutes, I saw the Chief Justice in the back of the room giving me the finger across his throat “cut it short” signal. But, my people had never been heard in a public forum like that and no matter the consequences, I intended to, and did, give them their full share of the time I had originally been given. I later apologized to the Chief Justice, but he smiled and said he understood. A lot of “firsts” followed. I think that’s because people were genuinely interested in being inclusive and I just came to mind as someone willing to speak up. That said, it would be a long, long time before people used euphemistic terms like “pioneer” or “humanitarian” with my efforts. Tell us about The Florida Bar Path to Unity campaign and your involvement.

In March of this year, I got a call from Charlie Syprett, Chair of the Standing Committee on Diversity and Inclusion. She told me about a project the Committee had been working on, and wondered if I would help and Co-Chair a subcommittee for it. At that point, the project was just starting, but the first “legend” had been selected and an artist had been commissioned. As Charlie Ann talked about the project, I got excited and immediately agreed to work on it. Together with my Co-Chair, former Tallahassee judge Harriet Williams, our subcommittee worked for months to come up with categories (the five “legends” correspond to the five named categories contained in the Standing Committee’s Mission Statement) and criteria for selection as a legend. After months of research, calls, meetings, and information sessions with members of the Board of Governors, diversity leaders, and in consultation with local voluntary bars and leaders, we submitted a slate of “legend” candidates to the Executive Committee for approval. (I should note here that once the category of LGBTQ was formally added and my name had been suggested, I was walled off from participation in the entire selection process of that category).

Here’s to those who dare

The Story of The Florida Bar’s Path to Unity, as the project has come to be known, is a compelling multi-media pipeline program that tells the history of both Florida’s and The Florida Bar’s path to unity against the backdrop of our nation’s civil rights history. It will be presented by volunteer attorneys to middle and high school students throughout Florida, and will provide a rich and lasting experience for students, lawyers, and the general public. Part of the program is told through the examples of the five “legends.” Their stories and contributions, along with commissioned portraits, will be part of the traveling program. When the tour is over, the portraits are scheduled to hang in residence and in unity at The Florida Bar’s headquarters in Tallahassee, as a permanent reminder of past challenges, and the need to make the path forward unhampered by improper bias or prejudice. How do you feel things have changed since you began your legal career? What do you feel still needs to change, and how do you think that will happen? I have seen great change in the way we perceive diversity and inclusion since I began my inadvertent journey more than 20 years ago. That said, challenges remain. continued page 28

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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. 245.

20 or More Members

King, Blackwell, Zehnder & Wermuth, P.A. Korshak & Associates, P.A. Kosto & Rotella, P.A. Law Offices of Brent C. Miller, P.A. Law Offices of Horwitz & Citro, P.A. Lewis & Crichton Marcus & Myers, P.A. 10-19 Members McMichen, Cinami & Demps PLLC Colling Gilbert Wright & Carter, LLC McMillen Law Firm, P.A. Fisher Rushmer McShane & McShane Law Firm, P.A. Legal Aid Society of the Orange County Bar Meenakshi A. Hirani, P.A. Association, Inc. Men’s Divorce Law Firm Marshall, Dennehey, Warner, Coleman & Goggin Morgan, White-Davis & Martinez, P.A. McDonald Toole Wiggins, P.A. Murphy & Berglund, PLLC Murrah Doyle & Wigle, P.A. 2-9 Members N. Diane Holmes, P.A. Allen, Norton & Blue, P.A. O’Mara Law Group Anderson & Ferrin, Attorneys at Law, P.A. Perez LaSure, LLC Artemis Family Law Group, PLLC Rebecca L. Palmer Law Group Arwani Law Firm Ringer Henry Buckley & Seacord, P.A. Aust Law Firm Roman V. Hammes, P.L. Banker Lopez Gassler P.A. Sasser & Weber, P.A. Barrister Law Firm, P.A. Sawyer & Sawyer, P.A. Barry Miller Law Schwam-Wilcox & Associates Beshara, P.A. SeifertMiller, LLC Carr Law Firm, P.A. Shannin Law Firm, P.A. Compass Law Southern Trial Counsel Cullen & Hemphill, P.A. Stovash, Case & Tingley Davey Law Group, P.A. Tangel-Rodriguez & Associates DeCiccio & Johnson Dellecker Wilson King McKenna Ruffier & Sos, LLP The Aikin Family Law Group The Arnold Law Group Divine & Estes, P.A. The Brennan Law Firm Fassett, Anthony & Taylor, P.A. The Elder Law Center of Kirson & Fuller Flammia Elder Law Firm The Fighter Law Firm, P.A. Forward Law Firm P.A. The Law Office of Michael L. Dear, PLLC Gans Law, P.A. The Llabona Law Group Gasdick Stanton Early, P.A. The Marks Law Firm, P.A. Giles & Robinson, P.A. The Skambis Law Firm GoodBlatt – Leo Warner & Warner, P.L. Green Family Law, P.A. West Family Law Group Hale, Hale & Jacobson, P.A. Wieland, Hilado & DeLattre, P.A. Harris Harris Bauerle Ziegler Lopez Wilson McCoy, P.A. Hilyard, Bogan & Palmer, P.A. Wooten Kimbrough, P.A. Hornsby Law Yergey & Yergey, P.A. Infocus Family Law Firm, P.L. Jill S. Schwartz & Associates, P.A. Keating & Schlitt, P.A. Dean, Ringers, Morgan & Lawton, P.A. Rumberger, Kirk & Caldwell P.A. Shutts & Bowen, LLP Wicker, Smith, O’Hara, et al. Winderweedle, Haines, et al.

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Boehm & Boehm Forensic Media Consulting– Certified Comprehensive Litigation Support Solutions | Florian Boehm • 5036 Dr. Phillips Blvd., Ste. 155, Orlando, FL 32819 • 407-405-8483 • florian@boehmboehm.com Casetext – A smarter legal research platform that saves attorneys time and money through cutting-edge research tools, including artificial intelligence technology, comprehensive materials, and affordable pricing. OCBA members receive 15% off after a free 14-day trial at: https://info.casetext.com/orange-county. Clio – The most widely-used, cloud-based practice management system in the world • OCBA members in good standing receive a 10 percent lifetime discount on the monthly subscription fee | Clio.com/OCBA Cyber Centaurs –Digital Forensics & E-Discovery – Concrete Evidence, Solid Testimony, Successful Outcomes! | Andrew von Ramin Mapp • 39 Skyline Drive, #1009, Lake Mary, FL 32746 • 407-777-4540 • Andrew@cybercentaurs.com DocuSign NPP – Members are eligible to receive special pricing starting at 10% off new or additional subsriptions. Custom pricing and rebates available for subscriptions that meet or exceed annual spend requirement. Enroll with NPP and start saving today! Milestone | Reporting Company – A full-service court reporting firm that can provide court reporters and legal videographers for all of your deposition needs. Milestone is the premier provider of Orlando court reporters and Tampa court reporters. Whether you need a realtime stenographer or a digital court reporter, we will provide a unique solution for your deposition, transcription, and legal video deposition needs. Schedule Our Services Today! | Evelyn@milestonereporting.com 315 E. Robinson St., S-510, Orlando, FL 32801 • 407-4239900 Smith.ai – A superior virtual receptionist service for phone calls, website chat, and text messages. • (Our U.S.-based professionals answer calls and chats; screen and intake clients; schedule appointments; and take payments.) OCBA members get a free trial, $100 off the first month(s) of calls or chats with code OCBA100, 5% off bundled services, and 15% off annual plans paid upfront (otherwise, plans are month-tomonth). Learn more and sign up at https://smith.ai/member-benefits/orange-countybar-association-fl Westlaw, a Thomson Reuters business – Westlaw, Legal Products and Services. • Westlaw offers new OCBA members a 10% discount on the annual fee for services for your first year of OCBA membership. | Jeff Werth • 407-334-8808 • Jeff.Werth@tr.com

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As an OCBA member, you can start saving today with NPP! Enroll today! National Purchasing Partners – NPP is a member benefit provider of The Orange County Bar Association, Florida, and helps members reduce costs with exclusive pricing through a variety of brands used by millions of businesses nationwide. DentalPlans / 1-800-Flowers.com / ADP / American Express / Batteries Plus Bulbs / Cheryls Cookies / Harry & David / Hotelogical / HP / Office Depot / Omaha Steaks / PetFirst Pet Insurance / Priceline / Sherwin-Williams / Simply Chocolate / Skechers Direct / Staples Business / Verizon Wireless.... Visit mynpp.com for details.

Nancy Weber • Hon. Heather Pinder Rodriguez • Lori Caldwell-Carr The businesses listed herein (the “Vendors”) are not affiliated with the Orange County Bar Association (OCBA) Juna Pulayya • Lorna Truett • be Andrew Windle and shall not under any circumstances deemed to have any authority to act on behalf of the OCBA. The OCBABallou does not make, and expressly disclaims,• any warranty, representation, responsibility, or guarantee as to Hon. Tesha • Susan Staggs Mark O’Mara (a) the quality or suitability of the Vendors, their products, or services, and (b) the duration or validity of any discount or other promotion offered by any of the Vendors.

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www.orangecountybar.org

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ParalegalPost Toys for Tots: Holiday Toy Drop-Off

n December 3, 2020, the Paralegal Section of the OCBA hosted its annual holiday event benefiting the Marine Toys for Tots program. This year was more challenging because of COVID. Some members just dropped off toys, while others stayed for a few treats. The event took place on the outside patio at World of Beer – downtown Orlando where everyone could socially distance and wear Tima M. Farrington, FRP, CP masks when not eating or drinking. We were generously supported by Absolute Truth Investigations, Southern Cross Media and Moye, O’Brien, Pickert, Dillon & Masterson, LLP. The Marine Toys for Tots program was created in 1947 when the wife of Marine Corps Reserve Major Bill Hendricks asked her husband to give a few handcrafted dolls to an agency that supported underprivileged children. Major Hendricks could not find such an organization so his wife asked him to initiate a program that did. That year, Major Hendricks collected over 5,000 toys for distribution! Because of the project’s success and the involvement of the community, he directed all Marine Reserve sites to implement a nationwide Toys for Tots campaign.

In his civilian life, Major Bill Hendricks was Director of Public Relations at Warner Brother Studios. His friends and contacts there were more than willing to help support this endeavor. In fact, Walt Disney was a personal friend of his and designed the first Toys for Tots poster which later became the official logo. In 1991, the Marine Toys for Tots Foundation was established and became an IRS recognized 501(c) (3) not-for-profit charity. Presently, the program distributes an average of 18 million toys to seven million underprivileged children each year. The OCBA Paralegal Section members, their guests, and local law firms have donated countless number of toys for children continuously throughout the years. We want to thank everyone who donated toys and attended the event. It was a huge success despite this difficult year. We also want to Tina Farrington, Charlie Kiester extend a special thank you to the (Southern Cross Media) Marine Toys for Tots Foundation for its tireless work and dedication throughout the holiday season. Tina M. Farrington, FRP, CP, is a paralegal at Moye, O’Brien, Pickert, Dillon & Masterson, LLP, and is the current president of the Paralegal Section. She has been a member of the OCBA since 2019.

U.S. Marine Corps reservist Tina Farrington Sergeant Garcia Paul Pelton

Paul Pelton (in scarf ) flanked by U.S. Marines Corps reservists and Toys for Tots staffer

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www.orangecountybar.org

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Top row (L to R): Shane Herbert, Onchantho Am, Cathleen Winter, Judge Wish, Judge Bigney Second row (L to R): Judge Marques, Judge Arendas, Judge Myers, Judge Bain, Judge Kraynick Third row (L to R): Judge Young, Larry Smith, Kenway Wong, Gary Salzman, Amanda Rudy Bottom row (L to R): Scott Leitner, Cesar Neira, Mary Walter, Judge Thompson, Leia Leitner Not pictured (L to R): Vanessa Braga, Cynthia Winter, Kate Nguyen, Sonia McDowell, Astrid Perez

Greg Maaswinkel

Judge Bigney, Kenway Wong, Cathleen Winter Onchantho Am, Judge Myers Clockwise from upper left: Mary Walter, Brandon Sapp, Judge Bain, Vanessa Braga

Top row (L to R): Alicia Whiting-Bozich, Alice Sum, Art Stresing Middle row (L to R): Grace Yang, Zarra Elias, Bernice Lee, Jay Kim Bottom row (L to R): Liz McCausland, Onchantho Am, Sandy Chiu PAGE 26 www.orangecountybar.org

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Voluntary BarNews SideBar

e are now two months into 2021 and our voluntary bar associations have been busy doing everything they can to help this year be a year full promise and hope to both its members as well as the community in general. If you are still looking for a new year’s resolution, consider joining one of our many organizations to help make this year your best yet.

Alena V. Baker, Esq.

The Greater Orlando Asian American Bar Association

What better way to start off your morning than to enjoy coffee with the Court! On November 17, 2020, GOAABA did just that by hosting a Virtual Coffee with the Court with Judge Jeanette Dejuras Bigney, Judge Andrew A. Bain, Judge Tom Young, Judge Leticia Marques, Chief Judge Donald A. Myers, Jr., Judge Emerson R. Thompson, Jr., Judge Mike Kraynick, Judge Carly Sidra Wish, Judge Christine Arendas, and Judge Robert J. Egan. It was a wonderful, interactive, and well-attended event! In the season of giving thanks, GOAABA partnered with the Maaswinkel Law P.A. for a Thanksgiving Food Drive for the benefit of Family Promise of Greater Orlando. On November 21, 2020, Board member, Greg Maaswinkel was proud to share that GOABBA was able to feed over 170 people for Thanksgiving. On December 10, 2020, GOAABA was proud to partner with the Asian Pacific American Bar Association (APABA) of South Florida, APABA of Tampa Bay, and Jacksonville Asian American Bar Association (JAABA) to host the Pathways to Bar Leadership Virtual CLE event. The panel consisted of four attorneys from across Florida who discussed their path to bar leadership. This event was moderated by GOAABA President Onchantho Am and Past President of JAABA, Art Stresing. Panelists included Jay Kim, Liz McCausland, and Alice Sum and Grace Yang. GOAABA President, Onchantho Am, had the privilege to participate in a special event hosted by the Florida Supreme Court. On December 16th, 2020, the Florida Supreme Court aired its Ceremonial Session for the 19th Amendment Centennial. The Florida Supreme Court, along with legal female leaders across the state, geared up to commemorate the 100th anniversary of the passage of the 19th Amendment which guaranteed and protected women’s constitutional right to vote, and to honor the women in Florida who have elevated the rule of law. This was especially important for GOAABA as they recently finished their Inaugural Voter Initiative to educate, engage, and empower the community to vote! Finally, on December 17th, 2020, families came together virtually to learn from the talented Yen Maaswinkel on how to make hol-

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iday ornaments. GOAABA members received a complimentary kit which included items to make 2 ornaments. Members were able to watch live instructions via Zoom while making ornaments together virtually.

The Central Florida Association for Women Lawyers The holidays looked a little different this year, but the Central Florida Association for Women Lawyers (CFAWL) still found ways to connect and celebrate safely. Rather than having a standard holiday luncheon, CFAWL hosted TWO events in its place! First, CFAWL members and their families enjoyed a Zoom Cookie Decorating Party, with cookie kits from Cassie Cakes, a local business in Orlando. Tiny decorators stole the show, and all enjoyed a fun night catching up with friends. Then, back by popular demand, CFAWL teamed up with Mixologist and Orlando Story Club Host Bobby Wesley again for a lesson in holiday themed cocktails! Also, in December CFAWL hosted a virtual tour of the American Bar Association’s exhibit “100 Years after the 19th Amendment: Their Legacy, and Our Future.” Featured leaders included two of CFAWL’s very own: Kimberly Hosley, President of Florida Association for Women Lawyers (FAWL) and Onchantho Am, who is current President of the Greater Orlando Asian American Bar Association (GOAABA) and past president of CFAWL. The exhibit highlighted the launch of the movement, the road to ratification, the battle for women’s equality, expanding democracy for minorities, and the new wave of suffragists. Just before the new year, CFAWL hosted “A Chat About the Judiciary with Mayanne Downs” to give insight into the judicial appointment process. Mayanne has been a champion of women’s rights and has always been a huge supporter of CFAWL. In January, CFAWL held its first monthly luncheon of the new year welcoming Lui Damiani, Executive Director of the Victim Service Center (VSC) of Central Florida. The VSC is a Certified Rape Crisis Center in Orange, Osceola, and Seminole Counties which serves victims of sexual assault, violent crime, and other traumatic circumstances through free and confidential crisis intervention, therapy, advocacy, and outreach. Mr. Damiani discussed the role of the VSC and the initiatives it has launched to serve our community in these unprecedented times. Later in the month, CFAWL hosted a Remote Rendezvous with President-Elect Heather Meglino. Heather guided members in making their vision boards for the New Year. CFAWL’s own vision board looks bright, and they are excited to share a new year with friends and members. Alena V. Baker, Esq., of Alena Baker Criminal Defense, P.A., is a solo practitioner who practices primarily in the area of criminal law throughout Central Florida. She has been a member of the OCBA since 2011 and is a board member of the Criminal Law Committee of the OCBA.

www.orangecountybar.org

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Diversity & InclusionCommittee continued from page 23

For example, 20 years ago, we talked aboutdiversity singularly, that is, the fact that we come from different perspectives and how differences are not merely “tolerated”, but are viewed as valuable, not only to the individual, but to our profession. Then, we focused on inclusion, that is, bringing those differences together in a positive, integrated way so that “the whole is greater than the sum of its parts.” We’re also working harder on equity, with a new realization that advantages and barriers exist, and that, as a result, we don’t all start from the same place and must work to address these imbalances – like disparate pay and opportunities for women and minorities. Now, we are at next generation which I call inclusive excellence, a concept borrowed from academia where: Inclusiveness and Excellence are interdependent rather than separate concepts; Everyone in the organization (not one person or department) is responsible for the inclusiveness of everyone; Diversity is embedded throughout the organization and measured by overall progress and not by quota goals; and A broad and flexible definition of diversity is used and updated as needed. Inclusive excellence is a bold goal, but embodies the best of our profession. We will not convince everyone; human nature simply doesn’t work that way. But, as I said some 20 years ago, “[f ]or those willing to consider that perspective”, we can contin-

ue to move the needle toward a fairer, more just profession and world. An important step toward realizing inclusive excellence is being willing to listen. Some conversations are hard, but as my daddy used to say, “it’s better to know than not know” and the sooner we have the courage to ask the tough, or at least tough for the individual, questions, the sooner we get to truth. In my letter to Justice Anstead back in 1999, I observed, “I realize that there are limitations to what we can do. While we may be able to ‘lead a horse to water but not make it drink’, we can do better than suggesting politely to the herd that even mavericks really ought not to starve then turn away to gaze into the sunset pretending all is well.” What I meant by that was that platitudes and politeness cannot substitute for real understanding or commitment. Don’t be afraid to ask questions. Justice Oliver Wendell Holmes wrote that “even a dog knows the difference between being stumbled over and being kicked.” Build relationships that invite honest conversation about our differences. Frankly, I don’t expect my straight counterparts to know what it’s like to be gay any more than I can fully comprehend what it is like to be black or blind. But, that’s no reason not to try. And, don’t pretend that differences don’t exist. For many, indifference is worse than hate. Ask. Listen. Learn. Our profession lags behind business and global leaders in addressing inclusion. That’s embarrassing since we are supposed to be leaders. But, for those who guide law

I have seen great change in the way we perceive diversity and inclusion since I began my inadvertent journey more than 20 years ago. That said, challenges remain.

firms, corporate legal departments, or other legal services, lack of inclusive excellence means lost team members, ideas, and opportunities. Our premise in Successful Lawyering in a Diverse Society recognized the adverse financial impact that failure to recognize the importance of the value of individuals could have on the bottom line. In other words, while inclusion is the “right” thing to do, it is also the smart thing to do. Do you have any final thoughts as you look back over your career and into the future? Looking forward requires looking back. The Bar’s Path to Unity project seeks to educate and inspire, to recognize past challenges, and collaboratively work together to reduce them in the future. In that first speech, back in 2001, I told my colleagues, “Each day as I drive to my law office, I pass through the historic town of Eatonville, Florida, settled by African-Americans in 1887. On the city limit sign, beneath ‘Welcome to Eatonville’ are the words ‘Progress Through Understanding.’” I believe that is still our fervent hope, our best plan, and our path to unity. Congratulations to Larry Smith on his inspirational legal career, his accomplishments as a champion of diversity and inclusion, and for his well-deserved recognition as a face of change within The Florida Bar. The Orange County Bar Association looks forward to participating in the Path to Unity campaign. Jill Davis, Esq., is corporate counsel for Orlando Health, and has been a member of the OCBA since 2001.

The Legal Limit is the official podcast of the Orange County Bar Association, Inc. The Legal Limit brings you one-on-one interviews with the people shaping Nancy Weber • Hon. Heather Pinder our Central Rodriguez • Lori Florida Caldwell-Carr community. Juna Pulayya • Lorna Truett • Andrew PAGE 28 www.orangecountybar.org

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New M e mbe rs Regular Filipa Andreia BENTO Adriana S. CESPEDES Matthew R. CHABAN Thomas L. DICKENS Brittainy A. JOYNER Michael Parker LANDERS Daniele Stefano LENTINI Donald L. LOPER Katrina L. MARINO Ashley M. NELSON Barbara PEREZ Madison C. REEBER Joannie RODRIGUEZ James W. ROUGHTON Ava M. SIGMAN Wayne B. SPIVAK

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Shawn M. TRAUTMAN Melora G. VANDERSLUIS Bartholomew Charles ZADEL Joseph T. ZAVORAL

Affiliate Elizabeth MATOS Danielle Nichole McBRIDE

Law Student Sofie J. BARRETT Sianneh L. JENSEN Brandon David JOSE

Paralegal Student Carlos J. BELLEVUE Tiernan J. RAMER

Invite your colleagues to join the OCBA today! Go to: www.orangecountybar.org to join online and see our calendar of upcoming events, seminars, and activities!

407-422-4551, ext. 245 www.orangecountybar.org

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CLASSIFIED ADS EMPLOYMENT DEFENSE ATTORNEY: Great opportunity for advancement for an attorney with excellent writing skills. You will have the ability to participate in and manage a caseload to prepare for trial and to use your research and writing skills to prepare for trial and also to use your research and writing skills to prepare briefs at the trial and appellate level. Interesting issues, fast-paced environment, excellent compensation, great people to work with. Send your resume ASAP to mheaberlin@ gobelflakes.com DE BEAUBIEN, SIMMONS, KNIGHT, MANTZARIS, NEAL LLP D/B/A DSK LAW ESTABLISHED IN 1976 is one of the largest law firms in Central

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Florida with the office in Orlando, Tampa, Melbourne and Tallahassee and growing. We have an immediate opening for an Experienced attorney to service Legal Service Plans administered in its Orlando Office. The qualifications are that you must have 5+ years of experience in civil or criminal matters, transactional, document experience and being bilingual a plus. Exceptional customer service skills required for primarily telephone consultations, detail oriented with planning and organizational skills and ability to work independently. We offer a very competitive salary and benefit package and a positive workplace culture. Send your resume today! We are a smoke-free workplace. jellis@dsklawgroup.com

ESTABLISHED DOWNTOWN ORLANDO LAW FIRM IS SEEKING AN ATTORNEY WITH 5+ YEARS OF LITIGATION EXPERIENCE with the ability to manage a case load. Federal Court experience is a plus. Candidate must have strong research skills and be an excellent writer. Our compensation package will exceed expectations for the right candidate. Please send resume to m h e a b e r li n @ go b e lf la k e s. co m F/T PARALEGAL & LEGAL ASSISTANT POSITIONS AVAILABLE. Email Ray@ kwpalaw.com resume and indicate salary range. Small downtown Orlando firm. File organization and support skills are key.

www.orangecountybar.org

Hill Rugh Keller & Main, a midsized downtown Orlando “AV” rated litigation law firm seeks Associate Attorney with 3-5 years civil litigation experience, preferably Insurance Defense. Ideal candidate will be able to assist in handling cases from inception through to trial. Excellent salary and benefits package. Pls email resume to jean@hrkmlaw.com INSURANCE DEFENSE F I R M handling first party property/liability coverage issues, PIP, and contractual/tort litigation seeks attorneys for statewide practice. Insurance defense experience preferred. Email/Fax/ Mail resume to: Office Manager jmccallister@rocklawpa.com, (407) 647-9966, The Rock Law Group, P.A., 1760 Fennell St., Maitland, Florida 32751

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LEGAL AID SOCIETY OF THE ORANGE COUNTY BAR ASSOCIATION

Lunchtime Training • legalaidocba.org

Feb. 9, 2021

Simple Wills and Related Documents

Feb. 23, 2021

GAL – Advocating Behind the Scenes: Why Conducting Visits and Gathering Information is an Important Part in the Advocacy Process

Mar. 9, 2021

Shedding Light on how Guardian Advocacy Can Reflect an Individual’s Ability to Make Decisions

Mar. 23, 2021

GAL – Education Advocacy for Dependent Children

Apr. 6, 2021

Where the Heart Is – Defending Against Eviction Actions

Apr. 20, 2021

GAL – May the Force Be With You – Your Child Welfare TPR Team

May 4, 2021

Initiating Paternity Actions

May 18, 2021

GAL – Medicating Their Trauma: Let’s Talk About Psychotropic Medication

June 1, 2021

Helping Clients to the Next Chapter - The Basics of Chapter 7 and 13 Bankruptcies

June 15, 2021

GAL – Dynamic Defense: Advocating for Youth with Developmental Disabilities

July 13, 2021

Legislative & Case Law Update

July 27, 2021

GAL – Advocating for Undocumented Minors Involved in the Dependency Court and Any Court Reliefs and Resources

EMPLOYMENT

(continued)

KINSEY, VINCENT, PYLE, P.L., AN “AV PREEMINENT” RATED LAW FIRM IN DAYTONA BEACH IS SEEKING AN ATTORNEY with a minimum of 3 years of civil law experience to join our firm. Candidate must have experience in one or more of the following practice areas: business litigation, construction law, estate planning, business/ corporate law or family law. Please submit your resume to: kvp@kvplaw.com. All submissions will be held in strict confidence. SENIOR ASSOCIATE ATTORNEY WITH FAST TRACK TO PARTNERSHIP – Established DeLand law firm seeks Senior Associate with substantial knowledge of probate and guardianship matters, wills, trusts, and estate planning, elder law, real property transactions business and

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commercial law, civil litigation, and mediation. Please email your application, resume, and writing samples to email@ delandattorney.com

OFFICE SPACE DOWNTOWN WINTER PARK – 157 E. New England, suite 368. Private entrance, signage and windows. 2 large and 1 small office w frig and sink, as well as conference room accessibility. Potential referral source. $1,500 mo. – contact Don Mckeever 407 760-5330 FERNCREEK OFFICE FOR RENT. Detached building with three offices, reception area, file room/kitchen and handicap bathroom. Plenty of parking. 515 N. Ferncreek Jim Sears 407-222-1554 jsearslaw@ gmail.com. LAKE EOLA OFFICE SPACE FOR RENT. Includes bilingual receptionist, gym, free parking for clients, WIFI, conference

DUE TO COVID-19 ALL TRAININGS ARE PRERECORDED AND ADDED TO OUR WEBSITE @ www.legalaidocba.org Please feel free to email Marilyn Carbo at mcarbo@legalaidocba.org or Michelle Erazmus at merazmus@legalaidocba.org for more information.

room, maintenance, secretarial space, for $1,500 a month. For more info please call 407-7921285 or jleon@flusalaw.com LAW OFFICE(s) / OFFICE BUILDING: Lk Highland Prep area. Completely Renovated / Updated Old House (Circa 1926), HARDWOOD FLOORS/NEW WIRING, ETC. – Up to 6 offices available. Rent reduced. Parking included. (407)473-1545. OFFICE AND CONFERENCE ROOM SPACE at 800 W. Morse Blvd, Winter Park, available for sharing on a monthly basis, or if you are working from home, on an as needed basis to meet clients. First floor with ample free parking. Call (407) 6449801 or email brucew@mdwpa.com OFFICE SPACE FOR LEASE IN DOWNTOWN ORLANDO. 1515 E. Livingston St. Onsite Free Parking. Three offices

www.orangecountybar.org

with Kitchen, Restroom and Reception. Approx. 1000 sq. ft. Contact Jessica Travis at 407-233-3210 for more information. OFFICE SPACE/SUITES FOR RENT – Downtown Orlando, 250 East Colonial Bldg., 1,500 sq. ft. Available now! May rent separate office suites. Parking included. Call or email: John at 407-425-2907; j k k @ k e a t l a w. c o m PROFESSIONAL OFFICE SPACE FOR RENT. Kitchen. A m p l e Pa r k i n g. Tw o c o n fe r e n c e r o o m s. E m a i l Kristin at Kstaley@ crewsandpesquera.com SHARED LAW OFFICE SPACE AVAILABLE – Up to three furnished offices for lease. Contact Kristy@kellyjuris.com

PAGE 31

OCBA February Luncheon

O C B FEBRUARY A C a- MARCH lendar FEBRUARY Professionalism Committee Meeting 12:00 p.m. – 1:00 p.m. Virtual

OCBA Virtual Tech 3 Fair

10:00 a.m. – 2:30 p.m. Virtual

LAS Lunchtime 9 Training

12:00 p.m.-1:00 p.m. Virtual on Zoom

Tricia “CK” Hoffler

President, National Bar Association Register by February 22, 2021 Title Sponsor: Seacoast Bank

MARCH

Win: Learn How Profess- 1 5 Win to Earn Extra Income 2 ionalism While Serving the Community 12:00 p.m. - 1:00 p.m. Virtual

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

Civil Rights Law Committee Meeting 12:00 p.m. – 1:00 p.m. Virtual Young Lawyers Section Board Meeting 5:30 p.m. OCBA Center (TBD)

Law 1 7 Appellate Committee Meeting

Member Perks 3 8:00 a.m. – 9:00 A.M.

Estate, Guardianship 17 Appellate Law Committee Meeting 9 & Trust Committee 12:00 p.m.

12:00 p.m. • Lowndes Law

Family Law Simple Wills and Related Committee Documents Major CLE Prerecorded • LAS WHEN IT ALL website GOES WRONG! Estate, Guardianship P.E.A.C.E. Parental & Trust Committee Alienation Equitable Meeting Distribution Alimony 12:00 p.m. Child Support... and ShuffieldLowman Everything Else 8:00 a.m. – 2:00 p.m. Lawyers Literary Virtual Society Book: Darkness at Young Lawyers Section Noon, Luncheon Arthur Koestler 11:30 a.m. – 1:00 p.m. 12:00 p.m. • Virtual Citrus Club (TBD) Executive Council LAS Lunchtime Meeting Training GAL 4:30 p.m. – 6:30 p.m. Advocating Behind the Virtual (TBD) Scenes: Why conducting visits and gathering Criminal Law information is an Committee Meeting 12:00 p.m. – 1:00 p.m. important part in the advocacy process. Virtual Prerecorded • LAS Civil Rights Law website Committee Meeting Health & Wellness 12:00 p.m. – 1:00 p.m. Committee Meeting Virtual 12:00 p.m. • Virtual Young Lawyers Section OCBA and Paul Board Meeting C. Perkins Bar 5:30 p.m. • OCBA Association Joint Center (TBD) Luncheon Law Week Committee 11:30 a.m. – 1:00 p.m. Meeting Speaker: CK Hoffler, 12:00 p.m. – 1:00 p.m. President, National Virtual Bar Association Embassy Suites by Hilton Downtown Orlando Title Sponsor: Seacoast Bank

24 25

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February 25, 2021

Speaker TBD Virtual

Meeting 12:00 p.m. ShuffieldLowman LAS Lunchtime Training Shedding Light on How Guardian Advocacy Can Reflect an Individual’s Ability to Make Decisions Prerecorded • LAS website Technology Committee Meeting 12:00 p.m. Virtual Relations 1 0 Judicial Committee Meeting

Lowndes Law

1 Luncheon 9 Young Lawyers Section 11:30 a.m. – 1:00 p.m. Citrus Club (TBD)

LAS Lunchtime 23 Training GAL Education Advocacy for Dependent Children Prerecorded • LAS website

Health & Wellness 24 Committee Meeting 12:00 p.m. Virtual

2 5 Professionalism Awards Ceremony

3:00 p.m. – 5:00 p.m. 12:15 p.m. Location TBD Orange County Courthouse, 23rd Floor Conference Room Please note that live (TBD) OCBA and Legal Aid Lawyers Literary seminars and events Society may be offered 12:00 p.m. virtually, prerecorded, Book: The Alchemist, postponed, or Paul Coelho cancelled. Please Virtual follow the most Executive Council current news in Meeting the OCBA’s weekly 4:30 p.m. – 6:30 p.m. newsletter eblast and Virtual (TBD) on the OCBA and LAS Criminal Law websites and social Committee Meeting media. 12:00 p.m. – 1:00 p.m. Virtual

www.orangecountybar.org

theBriefs February 2021 Vol. 89 No. 2

PRSRT STD U.S. POSTAGE PAID ORLANDO, FL PERMIT No. 2530

880 North Orange Avenue Orlando, Florida 32801

Cou nty of the Ora nge A Pub lica tion

n Bar Ass oci atio

Inside this Issue:

October 2019 Vol. 87 No. 8

President’s Message the Counselors hten When Clients Enlig Anthony F. Sos, Esq. Work! Chief ’s Column ns – Time to Get to Business Court Reope A. Myers, Jr. ld The Honorable Dona

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

Did you know that when you PASS a case to the Lawyer Referral Service, you not only support OCBA services, but you also help keep membership dues low? So please keep passing those cases and support the OCBA!

Keep the LRIS number in your playbook:

407-422-4537 The OCBA LRIS is the only Florida Bar Approved Lawyer Referral & Information Service in Central Florida.