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NALA AFFILIATED ASSOCIATIONSMID-YEAR REPORT FORM(Report Due: December 1)
Name of Association: Date of Report:
Number of Members: Association web address:
EDUCATION (you may use the back of form for additional space or attach additional sheets)
Type of educational function(s) held during the year(including name and address of speaker(s)):
Date and topics for next seminar:
Topic(s) and synopsis of seminars & workshops (attach program/and or brochure):
Number in attendance for each educational function: Member: Non-member:
ACTIVITIES (service, pro bono, or other activities):
Date and description of pro bono/charitable activity (include name of organization)
ASSOCIATION INFORMATION
Attach a complete roster of membership (required annually following membership renewals).
Please list name, address, telephone number, and e-mail address for the following:
Current Association President: Current Association NALA Liaison:Address: Address:
Phone: Phone:E-mail: E-mail:Fiscal Year Begins: Ends:Date Officers Elected: Annual Meeting Date:
GENERAL INFORMATION
Topics or subjects you need further information about or you would like to see covered in “Affiliates Corner.”
Name of person submitting this form:
Position Held:
E-mail form to: [email protected] to: NALA Headquarters, 1516 S. Boston, Suite 200, Tulsa, OK 74119-4013
NORTHWEST FLORIDA PARALEGAL ASSOCIATION
Mid-Year Report
December 2014
Northwest Florida Paralegal Association (“NWFPA”) has been busy growing the membership
and providing even more services to the paralegals we serve.
Membership
At the conclusion of the renewal period, the NWFPA presently has 100 members. This number
includes 65 active members, 3 student members, 19 remote members, and 15 sustaining
members. There are 21 members with certifications, 5 with advanced certifications, and 56
members that are members of the Florida Registered Paralegal (“FRP”) program.
Board of Directors
In September 2014, the NWFPA elected a new Board of Directors. The newly elected board
members are as follows:
President ............................................................................ Debra H. Bass, FRP
1st Vice President ................................................... Heidi Ainsworth Yefremov
2nd Vice President ................................................................ Regina Vino, FRP
Secretary .......................................................................... Donna M. Nall, FRP
Treasurer ..................................................................................... Tracey Parker
NALA Liaison .............................................................. Aurora M. Osborn, CP
Parliamentarian ............................................................ Rebecca S. Hardy, FRP
Continuing Education
Throughout the year, the NWFPA offers at least eight (8) hours of continuing education credit to
the members during our monthly meetings of the membership. Additionally, the association
sponsors or co-sponsors at least one seminar per year that garners additional credit hours. Since
July 2014, the NWFPA has presented the following guest speakers and topics for at least 1.0
credit hour per speaker:
Speaker Presentation
Tommy G. Smith, Esq. Elder Law
T.A. Shell, Esq. Professionalism
Kim Hinton and Tara Jones, McMahon Hadder
Insurance
A Review of Recent Changes to Insurance Law
Wesley Reeder, Esq. Construction Law
Seminars
Additionally, on September 12, 2014, the NWFPA sponsored a full-day seminar entitled,
Anatomy of a Case, with the following speakers and topics for 6 credit hours of continued
education.
Speaker Topic
Shelley Reynolds, Esq. & Christine Rovito,
Paralegal
Deposition Preparation
Virginia Buchanan, Esq. & Caroline Peterson,
Paralegal
Discovery Strategies Within Medical
Malpractice
Valerie Prevatte, Esq. Jury Selection
Honorable Ross Goodman Ethics
Jim Taylor, Taylor Court Reporting Evidence Presentation with Trial Director
Steve Traylor, Esq. Settlements
Leslie Powell, Esq. Alternative Legal Solutions
Events
NWFPA members Lydia Brackett, ACP, FRP, and Kris Hill, ACP, FRP, presented a Member
Exchange at the 2014 NALA Convention in Charleston. Their presentation, “Power Up! How to
Boost Your Brain Power!” was one of the four Member Exchanges presented. It was very well
received and attendees learned tips and strategies to maximize their brain power and mental
flexibility at work and at home.
Teams
The NWFPA attempts to offer something for everyone as we get our membership involved in
growing professionally and giving back to the community. The following are a list of the
various teams that have worked so hard on a variety of projects since July 2014:
The Charity Team organized and executed a drive to contribute to Cram the Van, a
school supply drive sponsored by WEAR ABC 3, Sandy Sansing Dealerships and the
United Way. The efforts of the Charity Team, together with the contributions of NWFPA
members and their respective firms resulted in a car-full and trunk-full of school supplies
to the United Way. A check in the amount of $145 was also provided. This sum
represents the monetary donations collected by the Charity Team.
The Membership/Student Liaison Team continues to work on developing a program that
will seek to mentor local paralegal students. This team has made great strides in the
organization and marketing of the program and the Board hopes to launch the new
mentoring project in the near future.
The NALA Convention Team: Kristine Hill, Tracey Parker, and Dana Martinez-Jones
attended the 2014 NALA Convention. The NWFPA Affiliate table focused on the
repercussions and consequences of stress on the body and mind, together with offering
tips and mechanisms for de-stressing. Also in attendance and representing the NWFPA
was Lydia Brackett, ACP, FRP, who was appointed NALA Ethics Chair by NALA
President, Kelly LaGrave. Ms. Brackett’s responsibilities include assisting with the
LEAP class, reviewing the Code of Ethics and Guidelines and the Ethics Column in Facts
and Findings.
The Newsletter Team published the quarterly newsletter in Fall 2014 (see attached).
The Nomination Team organized and assisted with the annual September elections of the
Board of Directors. The event went off flawlessly.
The Seminar Team hosted a very successful seminar entitled, Anatomy of a Case in
September 2014. It was approved for 6 CLE credits by NALA and 7.0 by The Florida
Bar. The NWFPA also expanded their monthly webcasting service to include the
broadcast of the seminar to several remote attendees.
The Summation Team – The Summation Team contributed three articles for the
Escambia-Santa Rosa County Bar Association’s September issue of its quarterly
magazine – The Summation. Michael Hadley, CP, offered an article entitled, Education
vs. Experience, which discussed the qualities firms look for in new hires. Lydia Brackett,
ACP, FRP and Kristine Hill, ACP, FRP contributed an article entitled, The Top 5
Reasons Your Paralegal Should Attend the NALA Convention. Aurora Osborn, CP,
discussed the City of Pensacola’s recently enacted Domestic Partnership Registry (see
attached).
The Technology Team has been of great help with the NWFPA’s website, Facebook,
LinkedIn and Livestream.com accounts, as well as assisting with the set-up of webcams
and presentations for speakers.
Upcoming Events
The NWFPA is hosting its annual Christmas Charity Auction on December 9, 2014. The
proceeds from the auctioned items will be donated to the Pensacola Children’s Services
Center. In conjunction with the auction, the NWFPA has been and will be collecting
much needed items for the Favor House of Northwest Florida, which is a certified
domestic violence center for women in Escambia and Santa Rosa Counties, Florida.
Sincerely,
Aurora M. Osborn, CP Northwest Florida Paralegal Association
NALA Liaison, 2014-2016
Meetings:
Member Meetings:
October 28, 2014
November 18, 2014
December 9, 2014
Board Meetings:
October 14, 2014
November 12, 2014
December: TBD
Volume 5, Issue 4
Inside this issue:
Using Your Parale-
gal Career to the
Fullest
1
President’s
Message
2
Editor’s Message 3
Mediation: An Al-
ternative Career for
the Paralegal
7
Grammar Gurus 9
Did You Know 11
NWFPA Activities 12
NWFPA Member &
Team Spotlight
13
In Summary 15
NALA Campus
Schedule
17
Hear Ye, Hear Ye! 21
Using Your Paralegal Career to the Fullest By Dana Martinez-Jones, ACP
Fall 2014
Continued on Page 4
When people think of parale-
gals, they picture a person in a law of-
fice working for an attorney. Even those
in our own profession have the same
image come to mind. However, there is
more to a paralegal career than just
working at a law firm—there are several
ways to utilize your paralegal degree,
certification, and/or
experience. To bor-
row an old expres-
sion, you just have
to think outside the
box or, in this case,
the law office. Did
you know that there
are a plethora of
alternative parale-
gal career options
that can give you an
even more rewarding career path given
your personality and other skills? Were
you aware that there is legislation in
some states for non-lawyers to provide
limited legal services? With this
knowledge, there is a way to get out
there and explore all your options.
According to the U.S. Dept. of
Labor’s Bureau of Labor & Statistics,
Occupational Outlook Handbook, the
employment of paralegals and legal
assistants is projected to grow 17%
from 2012 to 2022. The handbook
states that this is faster than the aver-
age for all other occupations.1 Some of
the areas of growth will be discussed
herein. Not only is there growth for our
profession, but there is also a push by
some states to expand the role of legal
services that can be provided without
the need to be an attorney.
In Washing-
ton State, Admis-
sion to Practice
Rule (APR) 28
(Washington Su-
preme Court Order
#25700-A-1005)
was adopted in
June 2012. Wash-
ington is being
watched closely by
the nation, but Cal-
ifornia and New York are ready to emu-
late this new idea to offset the stagger-
ing statistics regarding access to legal
services. According to “a 2003 Civil Le-
gal Needs Study, nearly 88% of low in-
come” individuals in the State of Wash-
ington are not able to afford to utilize
an attorney and end up handling their
issues on their own—with some detri-
mental results. Therefore, APR 28 was
adopted and put in place to “provide a
regulatory framework for educated and
experienced paralegals to obtain a lim-
ited license to practice law in approved
practice areas.” 2
_________________________________________________________________________________
1Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, 2014-15 Edition, Paralegals and Legal Assis-
tants, at http://www.bls.gov/ooh/legal/paralegals-and-legal-assistants.htm
2Jennings, Thea (2013). Improving Access to Justice. Facts & Findings/Career Chronicle, Volume XL Issue 4, pages 10-11.
President’s Message . . . Debra Bass, FRP
“I am excited
about the oppor-
tunity to return
to the Board...”
Having served on the Board of Northwest Florida Paralegal As-
sociation in two other capacities (Secretary and 1st Vice Presi-
dent), I took a year off. I am excited about the opportunity to
return to the Board, not only with fresh faces, some of which
have never served, but also to lead our members, students,
and guests into a new year. Every year the new Board has a
unique opportunity to make a difference. I believe that our
previous Boards have made that difference through their tre-
mendous strides in bringing our members new and exciting
ideas and working hard to see them through to fruition. My on-
ly hope is that I can be as great a President as Caroline Peter-
son, and I will work hard to meet that challenge.
Northwest Florida Paralegal Association Page 2
Upcoming court holidays:
Veteran’s Day—Tuesday, November 11, 2014
Thanksgiving Day-Thursday, November 27, 2014
The day after Thanksgiving-Friday, November 28, 2014
Christmas Eve– Wednesday, December 24, 2014
Christmas Day– Thursday, December 25, 2014
New Year’s Day– Thursday, January 1, 2015
Dr. Martin Luther King Day— Monday, January 19, 2015
Volume 5, Issue 4 ParaLegal News Fall 2014
Farewell Dana!
Since we have said goodbye to summer and welcomed in
fall, it is also time to welcome a new Executive Board for the
2014-2015 fiscal year! We look forward to an exciting new
year for the NWFPA. I want to thank all members of the
Newsletter Team for all their hard work and contributions this
past year. Without your help and assistance this newsletter
would not be possible. As we start a new year, I will be turn-
ing over the editor and chair duties to someone new. Howev-
er, I will still be a member of the Newsletter Team and assist
with the layout. It takes a true joint effort to put this quarterly
newsletter together! As always, we appreciate any and all
contributions so if you have an idea or article let one of our
team know. Have a safe and happy fall season!
Message from the Editor . . . Jenice C. Jones, CP, FRP
“We look for-
ward to an ex-
citing new
year for
NWFPA.”
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 3
Using Your Paralegal Career to the Fullest—Continued
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 4
The Supreme Court of Washington adopted the Limited Legal Technician Rule which allows regu-
lation and education for paralegals to practice law (albeit very limited) in the areas approved by the
Court. This allows paralegals to use their skills to provide services in the area of “family law, housing,
consumer law, and other basic needs.” The Court is certainly aware of the necessity to protect the public,
but the public has a definite need for access to the legal system. Under APR 28, specific qualifications
and education are laid out before an LLLT license can be attained after ensuring the paralegal for this
field has been vetted by several criteria such as:
(1) a minimum associate level degree, (2) 45 credit hours of core curriculum in legal studies from an
ABA approved program, and (3) attended practice area courses developed by or in conjunction with an
ABA approved law school. However, as stated, the ability to practice is very narrow and limited to the fol-
lowing:
• Informing clients of procedures and the course of legal proceedings,
• Providing approved and lawyer prepared self-help materials,
• Reviewing documents and exhibits from the opposing party and explaining them to clients,
• Selecting, completing, filing, and serving approved and lawyer prepared forms and advising of
their relevance,
• Advising clients of necessary documents and explaining their relevance, and
• Assisting clients in obtaining necessary documents.
For more information on this program, you can visit: www.wsba.org/lllt. The program out of
Washington State, along with California and New York’s willingness to follow suit, is exciting and worth
watching, but there is more locally that can be done with your paralegal career.
Some of the initiatives taking place in our nation are not quite available in the State of Florida,
but for those considering a move to another state or who live near the borders of Mississippi, Alabama or
Georgia, paralegals as mediators is certainly a viable option for those who are qualified and so inclined
to make that a part of their career. Each state has its own requirements for those wishing to venture into
this field and they vary quite a bit; therefore, it is important to research each state carefully. For example,
in Georgia, to be a mediator in family matters a paralegal would need to 1) satisfy the requirements for
general mediators; 2) have bachelor’s degree from accredited 4-year college; 3) observe one mediation
and co-mediate two divorce/custody cases with veteran mediator; and 4) have 40 hours of domestic re-
lations training including training on domestic violence.3 Even in our State of Florida there are ways non-
attorneys can be a mediator.
Mediators are not just used in courts. It should be pointed out that there are no state require-
ments for mediators working in private settings/business. Typically, these private mediators must usual-
ly meet specific training or “experience standards to practice in state-funded or court-appointed media-
tion cases.” According to the Bureau of Labor & Statistics, “most states require mediators to complete a
40-hour basic course in mediation and a 20-hour advanced or specialized training course.”4
_______________________________________________________________ 3Leila Taaffe, Georgia Office of Dispute Resolution; http://www.ganet.org/gadr/; Tracy B. Johnson, 6th District ADR Program; http://www2.state.ga.us/
courts/adr/adrrules.htm; http://www.mediationworks.com/medcert3/staterequirements.htm
4Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, 2014-15 Edition, Arbitrators, Mediators, and Conciliators, at http://
www.bls.gov/ooh/legal/arbitrators-mediators-and-conciliators.htm
Page 5 Newsletter Title
Akin to mediation is arbitration. Nationally, licenses are required for arbitrators and concilia-
tors and each state’s requirements vary widely. Some states require licenses appropriate to appli-
cant’s field of expertise. Not all are lawyers or retired judges, but often times business professionals
with expertise in a particular field, such as construction or insurance. As would be expected,
knowledge of that industry is crucial to be able to communicate effectively with people from different
cultures and backgrounds. A visit to the American Arbitration Association website’s “Areas of Exper-
tise” tab can provide you with insight as to whether or not your particular field or focus could be
turned into an opportunity to be an arbiter.
Not interested in actually taking a part as an LLLT, mediator or arbitrator? There are yet other
ways to use your paralegal career outside of the law firm since competition is tough as there are
many new and highly qualified legal support professionals in the market for a job today. Many seem
to be competing for the same position and the competition can be brutal! It can be hard enough to
get an interview and even more so to get the position after the interview. If you are continuing to hit a
dead end and desire a different direction to your career, but love being a paralegal, then read on!
Take advantage of your work experience and highly honed skills as a paralegal and start looking for
opportunities outside of the legal office.
One option is corporations. Corporations are the second-largest employer of paralegals, but
only 15% of paralegals work in corporations. Banks, insurance companies, brokerage firms and man-
ufacturing companies are all examples of corporations that employ paralegals.5 Health care provid-
ers/companies need paralegals for their in-house counsel and compliance departments. These com-
panies also need paralegals as contract specialists and compliance experts due to their keen atten-
tion to detail.
Another option can be with governmental entities. Federal, state and local government agen-
cies need and recruit paralegals. On the federal level, paralegals are employed by the U.S. Depart-
ment of Justice, the Interstate Commerce Commission, the Securities and Exchange Commission and
the Federal Trade Commission, with many more not listed here. On the state level, you can look at
state agencies and offices of state attorneys general, as well as checking into the district attorney,
public defender, and city attorney offices in your area.6 It should also be noted that oftentimes parale-
gals are employed by the courts as administrators to manage dockets and personnel. Some even of-
fer the opportunity to conduct legal research for the judge.
These type positions may not always be advertised or considered “paralegal positions”. Such
opportunities could include export compliance specialists tasked with investigating commodities and
data being exported outside the United States. There are also patent examiners who aid the govern-
ment in researching inventions that are eligible for patents. Paralegals can even be utilized as Guardi-
ans Ad Litem.
_______________________________________________________________________________________________________________
5Barbara Bernardo, Paralegal: An Insider's Guide to One of Today's Fastest-Growing Careers (Paralegal) (Princeton, New Jersey: 1993, Peter-
son’s Guides) 29. 6Jo Southard, Paralegal Career Starter 2e (New York: 1998, Learning Express) 18-19
Using Your Paralegal Career to the Fullest—Continued
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 5
Using Your Paralegal Career to the Fullest—Concluded
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 6
There are also other ways to use your career within Administrative Law such as within the Social
Security Administration and Veteran’s Administration. The website for the Social Security Administration
states specifically that a person seeking help through the SSA “has the right to be represented by … oth-
er representative while pursuing a claim or other rights under titles II, XVI, and XVIII of the Social Security
Act.” The National Association of Legal Assistants/Paralegals (NALA) even has a program to help you
along. If that is an area that appeals to you, you should look into NALA’s Social Security Disability Ad-
vanced Paralegal Certification course and learn how to help those who need it. The list of opportunities
just goes on and on as you can ascertain from Shelley Riseden’s July 14, 2014 article: 10 Things You Can
do With a Paralegal Degree7. You just have to read between the lines of an advertisement or job posting.
Just because the advertised position does not have the word “paralegal” in it does not mean that you are
not qualified. You can bring your paralegal skills to those positions. However, if there are no advertise-
ments, and unless you know someone, how can you land a position that suits your skills? The answer is
LinkedIn.
NWFPA’s newsletters have covered the benefits of LinkedIn, and if you are looking to stretch your
career into an area outside of the law firm, this is a great resource for locating that ideal position. In fact,
Stephanie Sammons, LinkedIn expert and Digital Business Strategy and Marketing Advisor for Sammons
Ventures, LLC, stated in a recent article on Social Media Examiner that “LinkedIn groups offer one of the
best ways to make the most of your social media engagement time”. For tips on how to get the most out
of LinkedIn to improve your career options, check out another Riseden article entitled: “How to Use
LinkedIn Groups to Advance Your Career”8.
Times are tough and there seems to be a lot of highly qualified people seeking the same law firm
positions. This puts these firms in a position to dictate the market on how much to pay and what you
have to do in your career. Why not break the cycle and think outside the law office box for a position that
uses your very valuable paralegal skills in a new and exciting way and furthers your career at the same
time.
__________________________________________ 7Paralegal Alliance » Blog » 10 Things You Can do With a Paralegal Degree http://www.paralegalalliance.com/paralegal-degree/#axzz37Ytnq4XY
8Riseden, Shelley (August 18, 2014). How to Use LinkedIn Groups to Advance Your Career. http://www.paralegalalliance.com/linked-in-groups-to-
advance-your-career/#axzz3aqpx48as
Page 7 Newsletter Title
Mediation: An Alternative Career for the Paralegal
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 7
By Jenny L. Tucker
Many people think that when they file a
lawsuit they will have their day in court. How-
ever, most lawsuits are settled prior to trial.
One of the methods used to get many lawsuits
settled is Alternative Dispute Resolution. One
of ADR's most successful tools is mediation.
Mediation is when a neutral third party will
work with both parties in a suit to facilitate an
agreement. Litigation is costly and many peo-
ple are foregoing trial in favor of mediation,
and as more people have chosen this route,
the demand for mediators is increasing.
There are many alternative careers for paralegals available. However, paralegals
are well suited to work as mediators in Alternative Dispute Resolution. It's an ad-
vantage to already know the inner workings of the court system and have familiarity
with legal disputes and lawsuits when choosing mediation as an alternative career.
Paralegals are often quite skilled at understanding the litigant's needs and have expe-
rience listening to witnesses. These skills are easily transferable to the field of media-
tion. Mediation is a proven way to successfully reach an agreeable solution that pro-
vides quite a bit of job satisfaction as well. According to the Dept. of Labor employ-
ment statistics, the national median salary for mediators is approximately $50,000
per year and is expected to rise as demand increases.
Currently, there are no standards nationally or required training needed in order
to be a mediator. Each state's rules will vary, so check with potential employers in your
area to make sure you will be qualified to practice. National certification is well on its
way to becoming a reality, so it's important now as a paralegal to choose a proper
training program in order to have a successful career in the field. Training programs for
mediation do not take up a large amount of time and are relatively affordable. When
choosing a training program, look for one that has actual mediators as instructors.
This will give you a fast track to the working world of mediators, and tends to make
classes more up to date with technology, etc. Look for mediation training programs
that offer a practicum, which is a simple way to get your feet wet in actual mediations.
Page 8 Newsletter Title
Mediation: An Alternative Career for the Paralegal—Continued
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 8
It's possible to specialize in certain types of mediation, for example, family law dis-
putes will differ from business contract disputes, so choose a program that has
these options. Paralegals often specialize in a particular type of law already, so
choosing a mediation career in a field you are familiar with is an easy decision to
make. Lastly, choose a program that is accredited. As any major university would
be accredited, it's important to know you’re attending a legitimate mediation pro-
gram that has been approved.
Paralegals can choose to work as a mediator part time, or apply their paralegal
skills to a mediation career full time. The skills, training and experience paralegals
have make mediation an excellent alternative career choice.
http://theparalegalplace.blogspot.com/2014/07/mediation-alternative-career-
for.html
Reprinted with permission from Jenny L. Tucker. Go to The Paralegal Place for
more tools, tips, resources, and tutorials to help paralegals and legal assistants.
http://theparalegalplace.blogspot.com/
Page 9 Newsletter Title
Inexcusable Grammar Mistakes By Elizabeth A. Crane, ACP, FRP
In today’s office atmosphere, all of us use some form of
document processing software and email programs that
come standard with spelling, punctuation, and grammar
auto-correct functions. Our smart phones and tablets also
have auto-correct. With all of these services, mistakes
should be obsolete… Unfortunately, it seems as though
common grammar mistakes continue to persevere, mean-
ing that we are either (a) too lazy to proofread our own writ-
ing, or (b) completely uninformed concerning proper business writing and the overabun-
dance of mistakes that leave our offices daily.
During the last month or so, I kept track of the mistakes I encountered, and the following
mistakes can be found rampantly throughout pleadings, correspondence, invoicing to cli-
ents, and office emails:
COMMONLY MISUSED WORDS:
Assure vs. Ensure vs. Insure
Assure is to promise or say with confidence.
Ensure is to do or have what is necessary for success.
Insure is to cover with an insurance policy.
HIPPA vs. HIPAA
HIPAA stands for the Health Insurance Portability and Accountability Act.
HIPPA is nonsensical.
Unexcusable vs. Inexcusable
Inexcusable means without excuse or justification.
Unexcusable is not a word.
Who’s vs. Whose
Who’s is a contraction of “who is”.
Whose is the possessive of “who”.
In addition to the common misused and misspelled words, there are common grammati-
cal/punctuation errors as well.
GRAMMAR GURUS
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 9
Page 10 Newsletter Title
GRAMMAR GURUS—Continued
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 10
COMMON GRAMMATICAL ERRORS:
Using an apostrophe to indicate plurality,
such as “2 day’s to the weekend” or “that
was popular in the 1980’s” is incorrect.
The Chicago Manual of Style dictates:
Don’t use an apostrophe to pluralize a
proper name or other capitalized noun
(i.e., Thursday’s, Jefferson’s, Italian’s—
these are all incorrect).
Do not use an apostrophe to pluralize a
title.
Do not use an apostrophe to pluralize a
number (i.e., 1920’s is incorrect).
Do not use an apostrophe to form the plu-
ral of capital letters used as words (i.e., URL’s and R’s are incorrect).
Do use the apostrophe to form the plural of lowercase letters (i.e., mind your p’s and q’s).
“Of” is a preposition, not a verb. “Should of”, “could of”, and “would of” is incorrect. The cor-
rect way is: “should have”, “could have” and “would have”.
Whether we like it or not, we are judged based on our ability to communicate clearly and
effectively in writing. And, more importantly, the credibility of the businesses and firms we
work for are judged on our written communication. As such, we must take the time to use
the auto-correct programs, proofread our writing, and continue to learn how to write more
successfully.
DID YOU KNOW?
NEW LAWS EFFECTIVE IN FLORIDA
By: Tracey Parker
The Florida legislature enacted (32) new laws effective October 1, 2014, creating and updat-
ing statutes pertaining to sexual offenders, one tourism based industry, medical facilities and others.
Many of these changes could be in reaction to various high profile true stories that happened recent-
ly throughout the state. Here is some information about a few of these new laws:
Parasail accidents in Pompano Beach (2007) and more famously in Panama City Beach
(2013), involving one fatality and a horrifying video of two teenagers slamming into a high rise con-
dominium (respectively), were the ammunition needed after years of legislators’ efforts to pass what
is now known as the “White-Miskell Act.” Previously unregulated parasail businesses now have re-
strictions regarding: specific weather conditions they cannot operate during; operators (captains)
must be licensed by the Coast Guard; and businesses are now required to carry $1,000,000.00 liabil-
ity insurance.
HB 485 reclassifies sex offenses against students by authority figures, and increases penal-
ties for teachers and school authorities who take advantage of their students. Such sex offenses are
reclassified “up” one degree if said conditions apply. Crimes against homeless persons are similarly
reclassified as if against someone within a protected class such as race, sexual orientation, or ethnic-
ity. Re-classifications essentially bump the crime “up” a degree (a first degree misdemeanor would
bump up to a third degree felony, etc.) which means harsher sentences. Further, these changes
mean longer sentences for adult on minor sex offenses, and stronger offenders’ reporting rules and
sex offender registration requirements.
There have been a rash of illegal bathroom cameras in the news this year. One man was re-
cently sentenced in Okaloosa County for charges including video voyeurism at a business where he
was a contract employee. A Clay County man was recently sentenced for establishing cameras in his
home bathroom and producing child pornography. Both men received fifteen years sentences. As of
October 1st, voyeurism in Florida now includes “secretly observing another person’s intimate areas in
which the person has a reasonable expectation of privacy, when the other person is located in a pub-
lic or private dwelling, structure, or conveyance.”
Awareness and recognition of “cyber bullying” has been prominent in the cultural dialogue of
late. Addressing cyber threats, Florida legislators added “electronic communication,” which includes
communication via social media, to the statute prohibiting the sending of letters threatening to kill or
injure someone. This law covers both signed and anonymous threats and any type of threat to cause
bodily harm.
Other laws include HB 59, which establishes “a crime against unborn children” regarding peo-
ple who attack pregnant women, regardless of the length of the term of pregnancy, and can be con-
strued to include harming an unborn child in a car accident. It has been reported by news media that
this law is in reaction to a Tampa man who deceived his girlfriend into taking a miscarriage inducing
pill without her knowledge.
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 11
NWFPA ACTIVITIES - 2014 Annual Seminar—September 12, 2014
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 12
Shelley Reynolds, Esquire speaking Valerie Prevatte, Esquire speaking about
about Deposition Preparation Jury Selection
NWFPA’s own Caroline Peterson giving a
presentation on Medical Malpractice
NWFPA’s own Kris Hill introduced each
speaker at the seminar
NWFPA MEMBER & TEAM SPOTLIGHT— By Caroline Peterson, RN, FRP & Jenice C. Jones, CP, FRP
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 13
NAME: Kris Hill, ACP, FRP FIRM: Escambia County Attorney’s Office WHY DID YOU BECOME A PARALEGAL: After my previous “career” had become obsolete, I wanted to find a career in an area that was growing and would continue to grow with the technology that was becoming available. I’d always been interested in the law, so I went to UWF to get my legal studies degree. WHAT DO YOU ENJOY MOST ABOUT BEING A PARALEGAL: My goal has always been to work in government. I was fortunate to first work in the Federal Courthouse with Mag-istrate Judge Susan Novotny, and now in the County Attorney’s Office. I really enjoy le-gal research, and working in local government provides me with interesting, and some-times quite unusual, research questions.
WHAT DO YOU WANT TO ACCOMPLISH THIS YEAR PERSONALLY AND PROFESSIONALLY: I’m working on a project which has been very satisfying—both personally and professionally-- that I’m hoping to complete this year (I’m not at liberty to say more yet!). WHAT DID YOU ENJOY MOST ABOUT BEING ON THE EXECUTIVE BOARD: Being on the board has been a great learning experience for me—in terms of working with our very smart and talented board members, in terms of learning about leadership skills and association governance, and in terms of bringing what I’ve learned through my NALA experiences to our local association. PERSONAL: Back in the day, I was one of those hippies who backpacked around Europe and the United States. Having those experiences at a young age helped to define who I am today. In our busy lives, it’s im-portant to keep those child-like qualities of curiosity, joy, and daring. One of my favorite quotes is from Helen Keller: “Life is either a daring adventure, or nothing.”
ACTIVE MEMBER
CHAIR: Regina Vino
MEMBERS: Regina Vino, April Swift, Brianna Poff, Caroline
Peterson, Deb Johnson, Gina Milam, Latisha Jones, Michelle
Mertins and Tracey Parker
OVERVIEW: The Mission of the Christmas Team is to hold an enjoyable social holiday lunch
event for NWFPA members. For the majority of the years since 2008, the committee has de-
cided to hold an auction to benefit Children’s Services Center, resulting in a sizeable contri-
bution to this worthy organization (NWFPA 2013 donation to Children’s Services Center was
over $4,000). The event also includes door prizes and raffles and another charitable gift
drive – last year and this year we will be holding a donation drive to benefit Favor
House. Nonetheless, every year it is the entire team that decides on the event, so each year
can be different from the last, but the event is guaranteed to be fun for all attendees!
NWFPA CHRISTMAS TEAM
NWFPA MEMBER & TEAM SPOTLIGHT—(continued)
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 14
NAME: Vladyslav Mokrenko SCHOOL: I am an international student from Ukraine and am currently attending UWF. Prior to coming to the U.S., I attended the Prosecutors Training Institute of the National University for 3 years. I had a full government scholarship and a 3 year contract with the Attorney General Office of Ukraine. However I wanted to expose myself to the common law system by studying in the U.S. AREA OF LAW: I am interested in Corporate (Business), Criminal & Civil law WHY DID YOU CHOOSE THE PARALEGAL FIELD: Since a very young age, I
couldn’t see myself as anything but a lawyer. Since then, law studies, history and humanities were my primary areas of interest. I am planning to work as a paralegal upon my graduation from UWF in December 2015 as part of the Optional Practical Training Program. I've also just received an Employ-ment Authorization and am currently seeking employment in a legal related sphere. I am planning on going to law school after getting some experience in the legal field as a paralegal. PERSONAL: I was raised in a military family. My father was a major in the Ukrainian Army with 28 years of service. He retired this past December as he would have been forced to act against the Ukrainian people during the protest in Kiev. My father has a master’s degree in military engineering and artillery and my mother has a master’s degree in biology and geography. She is currently an en-trepreneur selling French perfumes in Ukraine. I enjoy fishing, swimming, scuba diving and table ten-nis. On my last vacation in North Carolina I proposed to my girlfriend, Polina, who is also an interna-tional legal studies student from Ukraine, so we are now officially engaged!
STUDENT MEMBER
NAME: Dana Martinez-Jones, ACP
FIRM: Health Care Navigator in
Tampa, FL AREA OF LAW: Medical malpractice defense of long term care facilities, HIPAA compliance, and litigation of professional and premises liabilities issues.
WHAT DO YOU LOVE MOST ABOUT BEING A PARALEGAL: The variety of
work and the sense of accomplishment I get when I know I am doing my best for my company and
my boss. I also love learning new states’ laws.
Professional goals (short-term or long-term): My professional long-term goal is to get a Certified
HIPAA Privacy Expert (CHPE) designation. My short-term goal is to get another ACP, this time in Dis-
covery. PERSONAL: I am going to adopt my beautiful daughter, Faith. I was blessed to raise her since she
was 3 years old and it is about to be official that she will legally be mine. I am the proud mother of 5
children and grandmother of 4. My hobby is working out. I love it and workout most every weekday
morning before work.
REMOTE MEMBER
IN SUMMARY—Highlights from NALA’S Facts & Findings
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 15
By: Dana Martinez-Jones, ACP
As everyone knows foreclosures are quite common, especially here in Florida. Foreclo-
sure law is not just your run of the mill practice either; it requires a specialty which is dis-
cussed in the article entitled The Foreclosure Paralegal-An Inside View. Pamela Tillison, CP,
FRP, a Litigation Paralegal out of Orlando, Florida discusses the foreclosure process from the
plaintiffs’ point of view in the September/October issue of Facts & Findings1.
Interestingly, foreclosure is often divided into a few sections for handling by many in a
firm. There is “Contested” and “Uncontested” and various departments even within those two
categories. She states that most paralegals start off in the “uncontested” department. This de-
partment is typically divided into stages of the foreclosure process which may include depart-
ments such as a hearings department due to the sheer volume of those being heard before
the court and also a separate department to handle the foreclosures sales. It was noted by
the author that “of all the departments in the foreclosure firm, the sales department is by far
the most stressful". She supports this by stating that mistakes with numbers and/or decimal
points can cost clients thousands and thousands of dollars. Despite the stress, paralegals can
gain invaluable experience by starting off in the area of the “uncontested department” of a
law firm.
In the contested departments, there is quite a volume for those who practice in that
arena as well. It is very fast paced and requires paralegals who are “seasoned” and able to
handle a large volume of work. The foreclosures in these stages require the paralegals to help
assist with moving the cases along to the courts at a much faster pace than typical litigation
as this saves the client, and importantly, the court, a lot of time and resources. This paralegal
will need to be a “jack/jill of all trades”. Organizational skills, resourcefulness, and a mastery
of time management is an absolute must in this department as well as keeping up with de-
manding clients who usually expect a 24-hour response to their emails.
Ms. Tillison provided some great tips for handling the stress and these tips are easily
applicable to all areas of the law for which paralegals work: 1) READ! A successful paralegal
______________________________________________
1Tillison, Pamela. (2014). Real Estate Law: The foreclosure Paralegal-An Inside View. Facts & Findings/The Magazine for
Paralegals, Volume XLI Issue 1, pages 20-21.
IN SUMMARY—(continued)
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 16
will need to stay current on all the administrative orders, government regulations, and even
the clients’ policies as they have a tendency to change frequently. Staying on top of all these
changes is critical in order to succeed. 2) Develop your soft skills! She provides three areas of
“soft skills” that can help one be successful in this high stress atmosphere. A. Emotions. She
states it is easy to get emotional dealing with temperamental or demanding attorneys, upset
borrowers, and clients who expect immediate results and responses to their demands. Con-
trol of the emotions is extremely important because anger and frustration cannot be allowed
to slip into a negative state of mind. Stay Calm and carry on! B. Communication! It is also a
must because clear and detailed explanations to the courts, the clients and the borrowers can
help ease a stressful situation. C. Time Management! With such a voluminous caseload, this
is an absolutely must for a successful paralegal. Not only does the day need to be managed,
but a good paralegal must be able to switch horses in midstream while still staying on top of
demanding deadlines. And the final tip: 3) Keep current on Soft Skills such as NALA Certifica-
tion, CLE, and keeping up-to-date with
the latest software to help with efficien-
cy.
She closes with a sound advice for the foreclosure paralegal. Yes, it can be a stressful
job, but it can be rewarding as well. A foreclosure paralegal can help the borrower stay in
their home by assisting them with a completion of a loan modification or even with pointing
them to where they can reinstate their mortgage. Yes, the lenders are the clients for the plain-
September 2014
Members of NALA Affiliated Associations who are not NALA members may subscribe to FACTS & FINDINGS
at the special rate of $25 annually (six issues per year). Go to www.NALA.org to subscribe.
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 17
October 2014
Click on the course name for a course description, registration, and speaker bio information.
Day and Time
Central Time LIVE! Course Category
September 2014
Wednesday, October 15, 2014
Noon – 2 pm
A Beginner's Look at Immigration Law
Dara D. Fernandez, Esq. General CLE
Thursday, October 16, 2014 Noon – 1:30 pm
Basic Ethics: Part 1
Vicki Voisin, ACP
General CLE/Ethics Certified Paralegal Exam Re-
view
Friday, October 17, 2014 1 – 3 pm
The Art and Science of Witness Interviews
Elizabeth H. Nellis, ACP General CLE
Monday, October 20, 2014 Noon – 1:30 pm
Clean Water Act I Rebecca E. Patty, JD General CLE
Monday, October 20, 2014
2 – 3:30 pm Military Justice
Donna C. Alderman, ACP General CLE
Tuesday, October 21, 2014
11 am– 12:30 pm
Social Security Disability Appeals Version 3.0:
Preparing for, and appearing at the Social Security Hearing
Melvin E. Irvin, CP
General CLE Advanced
Tuesday, October 21, 2014
3 – 5 pm Evidence Part 3
Karen Sanders-West, ACP, JD General CLE
Advanced
Wednesday, October 22, 2014
Noon – 1:30 pm
Family Law: Learning how not to do it like the celebrities
Laura T. Eubank, Attorney General CLE
Thursday, October 23, 2014 Noon – 1:30 pm
Basic Ethics: Part 2
Vicki Voisin, ACP
General CLE/Ethics Certified Paralegal Exam Re-
view
Friday, October 24, 2014 Noon – 1:30 pm
Utilizing Online Resources to Research Ex-perts
David V. Dilenschneider, Esq. General CLE
Monday, October 27, 2014 Noon – 1:30 pm
Clean Water Act II Rebecca E. Patty, JD
General CLE
Tuesday, October 28, 2014
Noon – 1:30 pm Improving Case Management with LPM
Megan McGrew, Esq., PMP General CLE
Wednesday, October 29, 2014
Noon – 1:30 pm Intellectual Property Law and the Internet
Christopher Holland, Attorney General CLE
Thursday, October 30, 2014 Noon – 1:30 pm
The Ethical Use of Paralegals
Vicki Voisin, ACP General CLE
Ethics
Friday, October 31, 2014 Noon – 1:30 pm
QDROs for Dummies or the Insane Belinda A. Thomas, ACP
General CLE Intermediate
November 2014
Monday, November 3, 2014 Noon – 1:30 pm
Contracts: An Overview
Donna C. Alderman, ACP General CLE
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 18
Click on the course name for a course description, registration, and speaker bio information.
Day and Time
Central Time LIVE! Course Category
Monday, November 3, 2014
Noon – 1:30 pm
Contracts: An Overview
Donna C. Alderman, ACP General CLE
Tuesday, November 4, 2014 Noon – 1:30 pm
Mergers and Acquisitions
Nicholas M. Oertel, Attorney General CLE
Wednesday, November 5, 2014 Noon – 1:30 pm
Digital Evidence: Find it, Harvest It and Use It
Daniel DeSouza, Attorney General CLE
Thursday, November 6, 2014
Noon – 1:30 pm
Microsoft Outlook Skills/Microsoft Word for the Legal Professional
Denise E. Ash
General CLE
Non-substantive
Thursday, November 6, 2014
3 – 5 pm Civil Litigation: Part I
Karen Sanders-West, ACP, JD General CLE
Friday, November 7, 2014
Noon – 1:30 pm Water Rights: Your or Mine?
Karen Bishop General CLE
Monday, November 10, 2014 11 am – 1 pm
Fact Investigation and Analysis Patricia J. Gustin, CP General CLE
Monday, November 10, 2014 1:30 – 3 pm
Medical Bills/Liens
Amy H. Johnson General CLE Intermediate
Wednesday, November 12, 2014 Noon – 1:30 pm
Commercial Real Estate Closings
Eva M. Merrell, ACP General CLE
Wednesday, November 12, 2014 2 – 3:30 pm
School Law Sherri D. Goodman, Esquire
General CLE
Thursday, November 13, 2014 Noon – 1:30 pm
Advanced Ethics
Vicki Voisin, ACP General CLE
Advanced, Ethics
Thursday, November 13, 2014 3 – 5 pm
Civil Litigation: Part II Karen Sanders-West, ACP, JD
Cert Paralegal Exam Review General CLE
Friday, November 14, 2014
11 am – 1 pm Legal Research
Virginia Koerselman Newman, Attorney Cert Paralegal Exam Review
General CLE
Friday, November 14, 2014 1:30 – 3 pm
Soft Skills Darleen T. Dozier, ACP
General CLE Non-substantive
Tuesday, November 18, 2014 Noon – 1:30 pm
Legal Teamwork: Attorney/Paralegal Relationships Stephanie B. Elliott, NCCP and William E. Moore,
Jr., Attorney
General CLE Non-substantive
Wednesday, November 19, 2014 Noon – 1:30 pm
Patent Prosecution
J. Nevin Shaffer, Jr., PA General CLE Intermediate
Thursday, November 20, 2014 Noon – 1:30 pm
Ethics and Technology
Vicki Voisin, ACP General CLE
Ethics Thursday, November 20, 2014
3 – 5 pm Civil Litigation: Part III
Karen Sanders-West, ACP, JD General CLE
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 19
Click on the course name for a course description, registration, and speaker bio information.
Day and Time
Central Time LIVE! Course Category
Friday, November 21, 2014
10 – 11:30 am
How Section 529 College Savings Plans Fit
YOUR Practice Christopher T. McGee, GC
General CLE
Non-substantive
Friday, November 21, 2014 Noon – 1:30 pm
Managing the Equitable Distribution Case in the Family Law Practice
Belinda A. Thomas, ACP
General CLE
December 2014
Tuesday, December 2, 2014 11 am – 12:30 pm
Estate Planning When Beneficiaries are Re-ceiving SSDI and SSI
Melvin E. Irvin, CP General CLE
Tuesday, December 2, 2014 3 – 5 pm
Freedom of Information Act Karen Sanders-West, ACP, JD
General CLE
Wednesday, December 3, 2014 Noon - 1:30 pm
Applicable Exclusion Amount to Offset Feder-al Gift Taxes and Federal Estate Taxes
Edward Armstrong, Attorney
General CLE Intermediate
Thursday, December 4, 2014 Noon - 1:30 pm
How to Help Your Client When the EPA Comes to Regulate
Rebecca E. Patty, JD
General CLE Intermediate
Friday, December 5, 2014 11 am – 1 pm
Written Communications
Virginia Koerselman Newman, Attorney Certified Paralegal Exam Review
General CLE
Monday, December 8, 2014 Noon - 1:30 pm
Ethics and Movies: What We Learned From A Civil Action
Rebecca E. Patty, JD General CLE
Tuesday, December 9, 2014 11 am – 12:30 pm
Basic Business Organizations
Kelly A. LaGrave, ACP Certified Paralegal Exam Review
General CLE
Wednesday, December 10, 2014 Noon – 1:30 pm
How I Learned to Stop Worrying and Love Social Media
Jason Pill (Title changed from Social Media Outlets:
How to Access Information, Prepare Subpoe-nas and What to Ask For)
General CLE
Friday, December 12, 2014 11 am - 1 pm
Judgment and Legal Analysis Virginia Koerselman Newman, Attorney
Certified Paralegal Exam Review General CLE
Remember, all times are listed in Central Time. To register for a course click on the course title.
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 20
The Northwest Florida Paralegal Association elected a new Executive Board for
2014-2015.
President: Debra Bass, FRP
1st Vice President: Heidi Yefremov
2nd Vice President: Regina Vino, FRP
Secretary: Donna M. Nall, FRP
Treasurer: Tracey Parker
Parliamentarian: Rebecca Hardy, FRP NALA Liaison: Aurora Osborn, CP
(Pictured from L-R: Tracey Parker-Treasurer, Debra Bass-President, Heidi Yefremov, 1st Vice-President,
Regina Vino-2nd Vice-President, Rebecca Hardy-Parliamentarian, and Aurora Osborn-NALA Liaison.
Not pictured: Donna Nall-Secretary)
Congratulations Ladies! We look forward to a wonderful 2014-2015 fiscal year!
Hear ye, hear ye….
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 21
SAVE THE DATE
NWFPA 2014 CHRISTMAS SOCIAL
TUESDAY, DECEMBER 9, 2014
Location: Portabello Market
Details to follow
ESRBA SEMINAR
“The Nuts and Bolts of
Personal Injury”
When: Friday, November 21,
2014
Where: M.C. Blanchard Judicial
Building, Jury Assembly Room
Contact ESRBA for more infor-
**2015 Paralegal Cruise**
Paralegals Navigating
Perilous Waters 2015
January 30, 2015—February 2, 2015
Departing Miami, Florida and visiting
Nassau, Bahamas and Norwegian’s
private paradise, Great Stirrup Cay
Go to http://
paralegalcruise.com/
for more information
Northwest Florida
Paralegal Association
P.O. Box 1333
Pensacola, FL 32591-1333
www.nwfpa.com
Follow us on:
NWFPA Executive Committee 2014-2015
President: Debra Bass, FRP
1st Vice-President: Heidi Yefremov
2nd Vice-President: Regina Vino, FRP
Secretary: Donna Nall
Treasurer: Tracey Parker
Parliamentarian: Rebecca Hardy, FRP
NALA Liaison: Aurora Osborn, CP
NWFPA Mission Statement
The Northwest Florida Paralegal Association is dedicated to
encouraging the ethical and professional growth of parale-
gals in the northwest Florida area by providing continuing
education to members of the paralegal profession; by
providing a venue for members to interact with other mem-
bers of the legal community; and by supporting and carrying
out the programs, purposes, aims and goals of the National
Association of Legal Assistants, Inc.
Newsletter Committee:
Jenice C. Jones, Chair/Editor
Elizabeth Crane
Sylvia Jarrett
Caroline Peterson
Dana Martinez-Jones
Taxie Lambert
Tracey Parker
Regina Vino, Proofreader
Volume 5, Issue 4 ParaLegal News Fall 2014
Northwest Florida Paralegal Association Page 22
September 2014 www.esrba.com The Summation 1
TheSummaTi nSeptember 2014
Escambia/Santa Rosa Bar Association Volume 3 / Issue 3
North by Northwestpage 14
Domestic Partnership RegistryProfessionalism Grievance Process • Wall of Honor
First Year Constitutional Officers Updates
Solving the Mystery of Your Local Legal Services Programs
2 The Summation www.esrba.com September 2014
Escambia-Santa Rosa Bar Association216 South Tarragona Street, Suite B
Pensacola, FL 32501Phone: 850.434.8135 Fax: 850.436.8822
email: [email protected] Referral Service: 850.434.6009
Executive DirectorMichael [email protected]
EditorPatricia Buchanan [email protected]
Published quarterly by the Escambia-Santa Rosa Bar Association as a service to its membership. Any article herein may be reproduced provided credit is given both to The Summation and the author of the article. Articles appearing in The Summation are not to be construed asofficial expressions of the views of the Escambia-Santa Rosa BarAssociation. Official positions are expressed only by formalresolutions adopted by a majority of the membership and will be so designated when published. Editorials are expressions of the opinion of the Editor. Due date for all advertisements, articles, and announcements is the 1st of the month for the issue you wish to advertise in. Address all editorial correspondence to the Escambia-Santa Rosa Bar Association office. For all inquiries concerning advertising rates contact Ballinger Publishing. “The Summation Committee is dedicated to providing apublication to the legal community which contains articles that are accurate, informative, entertaining, educational, relevant and timely.”
Summation Committee If you have any comments or suggestions about TheSummation, please feel free to express them to any of the committee members. If you would like to join the committee, please call the Bar office at 434.8135.
Judge Terry Terrell Jason Boatwright Judge Charles J. Kahn Benjamin Stevenson Brooke Jones Clara Smith Gerald McGill Paula Walker Caroline Peterson Tami Stokes Lisa York Debra Bass Susan Woolf Carrie Cromey
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Inside Summationthe
11 . First-Year Updates14. North by Northwest17. NALA Convention18. Domestic Partnership Registry19. The Road From Kalamazoo To The FloridaJustice Association20. Judge’s Preferences22. Wall of Honor24. Veterans Court Graduation26. Professionalism Grievance Process28. Photos29. High-Flying Vets
3. From the President4. Chief’s Corner5. New Members / Announcements6. Board of Governors8. The Bottom Line10. Ask a Lawyer21. News From the Court30. News From the Clerk31. Classifieds / Calendar
In every issue
September 2014 www.esrba.com The Summation 3
In every issue
From the President
One of the goals of the Executive Council is to demonstrate to all area attorneys the importance of becoming a member of the ESRBA and continuing that membership every year. The ESRBA deserves the support of all attorneys. The ESRBA plays a significant role in countless law related activities and events. Some are often overlooked. An example is the ESRBA’s support of and participation in the Naturalization Ceremonies conducted by the Federal Judiciary four or five times every year.
The ceremonies are usually officiated by Chief Judge Casey Rodgers, and in her absence by other Federal Judges, including among others, Judge Lacey Collier and Judge Roger Vinson. They are assisted by one other Federal Judge or Magistrate (Magistrate Judge Miles Davis has participated in the last two ceremonies) and by a State Court Judge, on a rotating basis. The last two State Judges were Judge Ross Bilbrey and Deputy Chief Judge of Compensation Claims David Langham. One of the privileges of serving as President of the ESRBA is the opportunity to participate in the naturalization ceremonies by introducing the keynote speakers. In just two months as President I have had the honor of becoming acquainted with and introducing both Dr. P.C. Wu of the
Pensacola City Council and Dr. Judith Bense, President of UWF. Our Association routinely secures the keynote speaker, coordinates the participation by the State Judiciary, and assists in the reception.
I wish everyone of you could have the personal experience of participating in a naturalization ceremony. Each ceremony is a very moving and meaningful experience. There are usually between 75 to 100 candidates representing 35 to 45 different countries. The ceremonies have certainly caused me to be much more appreciative of my good fortune of having been born in America. It also reinforces my belief that two of the main factors that separates America from the rest of the World is our adherence to the rule of law and the important part that lawyers play in this process. It is lawyers like you that help make it possible for all citizens to enjoy life, liberty and the pursuit of happiness. We can all be proud of the efforts of attorneys in helping to make America the great country that it is.
The Executive Council looks forward to serving each of you for the remainder of this year and we welcome your input with respect to any and all issues that impact the ESRBA. Thank you for permitting us to be of service.
By JAMES WEBER
THE ESRBA IMPACTS THE COMMUNITY
4 The Summation www.esrba.com September 2014
Continuing improvement of court facilities is either in the works or within the realm of possibility in the foreseeable future at several court facilities in the First Judicial Circuit.
Construction is underway to build out the shell space in the M.C. Blanchard Judicial Center. The project is funded with Local Option Sales Tax (LOST) revenues that have accumulated during the current Escambia County voter approved LOST collection period. Upon completion of this project in early 2015, the 1998 expansion of Blanchard Center will be built out.
The construction is adding a courtroom equipped for jury trials on both the third floor and the fourth floor of the judicial center. On the west wing of the fifth floor several different needs are being addressed. A large civil jury trial courtroom is being built. Each of the new courtrooms will be equipped with some of the most current technologies which should be useful for practitioners who prefer digital presentations. Two judicial suites, each of which have a conference room, a judge’s office, and a judicial assistant’s office, are included. Two magistrates’ suites with separate hearing rooms and secretaries’ offices are being built as well.
The Okaloosa County Commission has approved, in concept, remodeling and improvement to the Courthouse in Crestview. The project may range from interior redesign and re-arrangement to expansion of the facility, depending upon approved funding. The plan, at a minimum, will improve security and interaction between the public and participants in court proceedings.
And in the corner of “hope springs eternal,” the voters in Santa Rosa County will have an opportunity this fall to decide whether to approve funding and the site of a long overdue and very much needed new court facility. While we continue to do business in the old court facility in downtown Milton, the citizens who come to the Santa Rosa County Courthouse for jury duty continue to be remarkably flexible. They cope with an outdated, far less than comfortable facility. That facility taxes court personnel in accommodating the multiple demands of scheduling and the varied security demands of different proceedings.
Hopefully, the New Year will be populated with evident signs of progress to accommodate all our citizens who use court facilities across the Circuit.
Chief’s Corner
By TERRY D. TERRELL
NEW COURTFACILITIES?
September 2014 www.esrba.com The Summation 5
New Members AnnouncementsMichael V. AndryState Attorney, First Judicial Circuit190 Governmental CenterPensacola, Florida 32502(850) [email protected]
Christine S. CookChristine Sue Cook, LLC890 S. Palafox Street, Suite 109Pensacola, Florida 32502(850) [email protected]
Hunter R. HigdonJames L. Chase & Associates, PLC101 E. Government StreetPensacola, Florida 32502(850) [email protected]
Andre LamaMichles & Booth, P.A.501 Brent LanePensacola, Florida 32503(850) [email protected]
Mark “Antoine” PeckoState Attorney, First Judicial Circuit190 Governmental CenterPensacola, Florida 32502(850) [email protected]
Anita B. SchonbergerUniversity of West Florida11,000 University ParkwayPensacola, Florida 32514(850) [email protected]
J. Matthew ShookWade, Palmer & Shoemaker, P.A.14 N. Palafox StreetPensacola, Florida 32502(850) [email protected]
Gregory M. WiseThe Law office of Gregory M. Wise, P.A.4300 Bayou Boulevard, Suite 35Pensacola, Florida 32503(850) [email protected]
JUDGE MANEY RECEIVES AWARDOkaloosa County Judge T. Patterson
Maney is the 2014 recipient of the prestigious Harvey Ford Award and was honored at this year’s Florida Conference of County Court Judges. The award is considered the highest honor presented by the Conference each year, as it recognizes one county court judge in the state for their dedication of service to their community, to the legal profession, and to the Conference itself.
The award is named for Broward County Court Judge Harvey Ford, who died in 1995, and was known for his outstanding and dedicated community and professional service.
JASON WADDELL WINS MEMBER OF THE YEARWaddell & Waddell, P.A. is proud to
announce Jason Waddell, a Board Certified Florida Elder Law attorney, was recently awarded the 2013-2014 Florida Bar’s Elder Law Section Member of the Year during the Florida Bar’s Annual Conference in Orlando, Fla. Mr. Waddell received the award for outstanding service to the Florida Bar’s Elder Law Section. In addition to his dedicated advocacy for the aging and elderly, Jason has taken on a comprehensive expansion of the Elder Law Section Continuing Legal Education conferences, he has served as an invited speaker for both regional and statewide elder law events, and over the past four years he has developed an elder law mentoring program that is now mirrored by other Florida Bar sections and legal organizations throughout the United States.
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6 The Summation www.esrba.com September 2014
Board of Governors
The Florida Bar Board of Governors met on July 25,
2014. The major actions of the board and reports received
included:
The terms of a $6 million loan to The Florida Bar
Foundation were approved to offset low IOTA income
and to be used for grants to legal aid agencies and to
implement technology to improve the delivery of legal
services to the poor. The Foundation can request the
first of two draw downs on Aug. 15. Interest payments
begin one year after the first draw down with principal
repayments beginning no later than January 2018. The
loan is due in-full seven years after the first draw down.
The Aug. 15 issue of The Florida Bar News will provide
additional details.
The Family Law Section of The Florida Bar,
representing 4,107 members who voluntarily joined
the section, has received approval of its request to join
in an amicus brief in the appeal of a 13th circuit court
ruling involving an attempted divorce of a same-sex
couple who legally married in Massachusetts but who
now reside in Florida. In Shaw v. Shaw the trial judge
would not enter a divorce decree for the couple because
by statute and constitutional provision Florida does not
recognize same-sex marriages. The dismissal of the case
has been appealed to the Second District Court of Appeal
(Case No. 2D14-2384). The Florida Bar, a mandatory
organization with 98,922 members, will not and cannot
take a position in this appeal. Amicus brief filings by a
voluntary Florida Bar section, though requiring approval
by the Bar’s governing board, are advanced solely with the
voluntary dues and separate resources of those subgroups
and clearly advocated in the section’s name only.
A proposed amendment to Rule 3-5.1(h) was approved
regarding attorneys who voluntarily cease practicing
pursuant to a consent agreement while the Supreme
Court considers their discipline cases. In certain instances
when the court makes a short suspension retroactive,
some lawyers have completed their suspension before the
court rules and are automatically reinstated to practice.
The new amendment clarifies that those lawyers still
are required to notify their clients in writing of the
suspension.
A new board certification area of Juvenile Law was
approved to be submitted to the Supreme Court as a
rule amendment in October. Previously approved by the
Board of Legal Specialization and Education as a joint
proposal from the Public Interest Law Section and the
Legal Needs of Children Committee, the certification
encompasses special knowledge, skills and proficiency
and professionalism and ethics in practice. Juvenile law
is the area of law that inherently and directly impacts
children. It includes, but is not limited to, dependency,
delinquency, and termination of parental rights matters.
It does not include adoption matters or matters arising in
the context of family law proceedings not consolidated
with dependency or termination of parental rights
matters.
Former Florida Bar President Ray Ferrero, Jr.
announced that Florida Lawyers Mutual Insurance
Company is establishing an endowment to promote law
office management, technology and professionalism in
celebration of the company’s 25th anniversary. Ferrero,
FLMIC’s chairman, said FLMIC and Bar officials will be
meeting to determine the details for the endowment’s
use. FLMIC’s primary objective is to provide to qualified
attorneys practicing in Florida a financially sound, stable
and perpetual source of lawyers professional liability
insurance. The company is owned by its insured Florida
lawyers,
Pedro Allende of Miami was appointed to a two-year
term in the ABA House of Delegates.
By STEPHEN ECHSNER
Report fromTHE FLORIDA BOARD OF GOVERNORS
September 2014 www.esrba.com The Summation 7
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The Bottom Line
By MICHAEL W. HADLEY, CP
EDUCATION VS. EXPERIENCE
We have all heard the arguments for and against hiring someone with experience versus hiring someone with a strong academic background. The success guru himself, Donald Trump, says that it is his understanding that while knowledge is certainly essential, “the key to success was experience, not education.” For each of us that have been passed over by a potential employer in favor of a candidate with more experience, this is a painful subject. Indeed, nearly every professional employment specialist and consultant will tell you the same thing, that experience is more attractive to those seeking help in their business than someone with a good education. The reason this particular problem is so one-sided for employers is simple: it is a risk to hire a “smart” candidate with no on-the-job training. Hiring a fresh out of school superstar, while certainly enticing, is a major risk. This is especially so for a law firm where the potential for disaster also carries with it a malpractice feature.
The upside to hiring an “A” student with great academic achievements and accolades is that it gives the employer an opportunity to mold an unbiased, untrained legal machine. There have been no developed or learned preconceived notions about how things are “supposed” to be done and chances are, depending on the candidate, you will get a lot less resistance with respect to learning new things. A person with no experience at all is capable of being shaped and genuinely interested in learning what it takes to succeed in their new environment. The teachers and professors have done their job and made sure that the student is ready. Consider what could be some of the applicable and relevant benefits to hiring a person with a great education and no experience: 1) proven ability to recognize and solve problems; 2) understands the importance of deadlines; 3) proven ability to learn complex or difficult subject matter; 4) proof that the individual is motivated and has drive; 5) proof of intelligence; and 6) has credible qualifications. Arguably some of these same characteristics can be learned by those who have gained real world experience
and on the job training, but not always.In addition, a person having a suitable education versus years
of experience will likely be able to move up the corporate ladder at a more accelerated pace. Often it takes degrees, certifications, membership in certain associations and other similar activities in order the gain the type of notoriety that earns promotions. This is true when an employer is looking for someone to advance. Bosses want people with the proven drive to promote themselves and that advocate their own position within the firm. They are not just seeking out the one who shows up every day, makes the best coffee, and has the most friends. Employers want someone who will make the firm better than it was without that person.
It largely comes down to finding an employer that is willing to take a risk. Ultimately, most employers are not willing to invest the time and effort it takes to mold a beginner. While it is arguable that having education and no experience will make for a much better “sponge,” it is not a guarantee. I was fortunate enough to find an attorney who was actually looking for someone to train. It is important to remember that most firms are not looking to spend the first month or two training an educated employee how to file pleadings, monitor docket
activity, and how to format certain documents correctly. In fact, most law firms claim not to have the valuable time and resources that are necessary for training a new employee that has zero experience. Obviously, the best of both worlds (education and experience) would allow you the flexibility to interview for a wider range of positions and give you the desirability that employers are searching for. Keeping in mind that not all experience is valuable, e.g., the person who has held seven positions in eight years; experience does not always win out over education. The truth is that most employers are looking for an educated person who also has experience. Put yourself in that position and success will follow. And that’s the Bottom Line!
EMPLOYERS WANT SOMEONE WHO WILL MAKE THE FIRM BETTER THANIT WAS WITHOUT THAT PERSON.
September 2014 www.esrba.com The Summation 9
10 The Summation www.esrba.com September 2014
Ask a Lawyer
Will low-dose marijuana laws have any effect on gun rights?The short answer is that the Feds won’t sell you a gun, but
the U.S. Supreme Court will let you have a concealed firearms permit…
Confused? Many states have decided to allow low-dose marijuana/THC for treatment for medical purposes. So is a “State legal” user allowed to purchase a firearm? The answer from the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) is, “No!” Federal law currently outlaws possession of a firearm by “unlawful user” of, or person addicted to any controlled substance to possess a firearm (Title 18 U.S.C. §922(g)(3). The penalty is the same for a convicted felon possessing a firearm, a maximum of 10 years in prison. In an open letter, September 12, 2011, to the Federal Firearms Licensees the ATF determined “that regardless of whether his or her State has passed legislation authorizing marijuana
for medical purposes, a person is an unlawful user and is prohibited by Federal law from possessing firearms or ammunition.” The potential purchaser is required to answer that they are such a person on question 11.e on the firearm purchase form 4473. The ATF prohibits a firearms dealer to sell a “pot card holder” firearm(s) or ammunition.
Has the U.S. Supreme Court weighed in on this issue?The high court has allowed possession of a firearm by a
person with a medical marijuana card. The U.S. Supreme Court inferred legal possession of a firearm and even a concealed weapons permit by a medical marijuana card holder by declining to hear a case from Oregon. There, Jackson County, Oregon, Sheriff Mike Winter refused to issue a concealed gun permit to admitted marijuana user Cynthia Willis in 2008. She appealed that decision and was issued a concealed weapon
permit by the state appeals and Oregon Supreme Court. The Sheriff’s Petition for Writ of Certiorari to the United States Supreme Court was denied, making the Oregon ruling the current law. (132 S.Ct.199(2012)
What’s a citizen to do?This issue will certainly be brought
before the court again with more states legalizing marijuana in some form and the confusion between the court and the ATF. My advice, after 20 plus years as a criminal defense lawyer, is to not mess with the feds. Even though the Supreme Court impliedly allows possession of a gun by a legal user, you do not want to be the person with your name on the case before the Court five years from now.
This information is not intended to be a substitute for obtaining legal advice from an attorney. No person should act or rely upon any information in this article without seeking the advice of a qualified attorney.
Amendment Two Up in Smoke?By CHRIS RABBY
THE SECOND AMENDMENT VS. MARIJUANA LAWS
September 2014 www.esrba.com The Summation 11
When each of these officials took office last year, The Summation
spoke with each and discovered their aspirations and goals for office.
Now, we check back in with them for a look at what has changed, what
has improved and what goals have evolved.
DON SPENCERIt is hard to believe it
has been over 18 months
since coming into office.
We have met all of our
goals that were set during
the campaign. We have
put the county’s monthly
expenditures over
$10,000 on the Clerk’s
website as the monthly
vendor check register.
We no longer have three
Chief Deputies; we only
have one Chief Deputy
and a Chief of Staff.
We were awarded the
Certificate of Achievement
for Excellence in Financial Reporting (CAFR) by the Government
Finance Officers Association of the United States and Canada. We
received a clean audit for the Clerk’s office and the county for FY
2013. We have started our back posting project in the Recording
Department so our records will be able to be seen online back to
1960. We have initiated online foreclosure sales and, in the near
future, we will have online tax deed sales.
We are now totally paperless and we no longer take files to the
courtrooms. Our Judges use SmartBench for access to the Clerk
files while in their office or in the courtroom.
Our monthly paper expenses have gone from $845 FY11/12
to $790 FY12/13 to $340 FY13/14. Our expenses for court file
folders have gone from $10,047 FY11/12 to $10,963 FY12/13 to
$0.00 FY13/14. We are now able to use these savings to enhance
customer service to the public.
Over the past 18 months through our e-filing, our office has
received 188,338 documents filed electronically from attorneys
filing in both the Civil and Criminal courts. This past month, the
Florida Courts E-Filing Authority added self-represented litigants
as parties that can now file through the Portal, making electronic
filing available to parties represented by counsel and representing
themselves. We are also receiving e-citations online.
We have updated our finance case management system and
are in the process of going to a paperless timesheet. We plan to
also implement the paperless time sheet on the Board side
of the County. We have added a Collection Department to
assist with collecting fees and keeping people on their partial
payment plan. Our office does not send bills to individuals
who have signed up for the partial payment plans so we
have set up an automatic system that calls the customer and
reminds them of their next payment due date. The system
also sends the customer an e-mail notice that reminds them
of their payment. We are offering automatic payments in
the form of automatic bank draft and automatic credit card
payments to help assist our customers.
We have implemented a business dress code, suggestion
box for employees and customers, tightened requisition
procedures and have a new CLERICUS test server. We
cancelled a failed scanning project with Micro Graphics and
saved the Clerk’s Office money.
The Clerks Association (Florida Clerk of Courts and
Comptrollers) is in the process of setting up a KIOSK system
for Santa Rosa County, which will allow individuals to pay their
traffic citations through the KIOSK. The Clerks Association is also
in the process of updating our jury selection program which will
provide easier access for our citizens of Santa Rosa County.
There was a 30 percent turnover in the Clerk’s office when
I came into office. We lost over 30 employees a year. We have
addressed this by getting our managers and employees involved
in our department. We hold bi-weekly meetings with the
managers and monthly meeting with the employees. I attend
these meetings and listen to our employees’ ideas and problems.
We have reorganized the Clerk’s Office and reclassified the
employees to higher pay grades. Our supervisors and employees
have been sent to training, which they had never been able to
attend in the past.
We have the employees involved in the decision-making
process of the Clerk’s Office, which lets them know they are
part of our team. This concept has worked; we have increased
employee morale and improved customer service. Over the last
12 months, we have had four employees leave. One retired, two
By DON SPENCER, MIKE DOUBEK & PATRICIA BUCHANAN
FIRST-YEAR UPDATES
12 The Summation www.esrba.com September 2014
left for better paying jobs and one moved to Orlando to be with
her husband. Our turnover rate has gone from 30 percent to less
than 4 percent.
We are scanning our old records in Archives for public
viewing. We are in the process of setting up a smart phone app
for the Clerk’s office.
The Office of the Clerk of the Court received a 100 percent
accuracy rating on our Computerized Criminal History Audit by
the Florida Department of Law Enforcement (FDLE). This Clerk’s
records were audited to ensure that staff were making informed
decisions regarding firearm purchase eligibility, concealed
weapon permits and licensure for certain sensitive professions.
We also received a Certificate of Achievement for a perfect
score on passport compliance from the U.S Department of State
Passport Services.
We have updated our web page to include our mission
statement, weekly court schedule, monthly investment reports,
tax deed surplus, financial statements, monthly vendor check
register, unclaimed jury payments and press releases.
After 240 hours of new clerk training, I became a Certified
Clerk of the Circuit Court by the Florida Supreme Court in
March 2014.
We are constantly setting new goals and facing the challenges
presented to the office by the Florida Legislature with a positive
and can-do attitude. The office operates under a team concept
and together we make a difference to our customers.
This is a fantastic job! We have a wonderful staff of employees
that make the office operate smoothly. The Santa Rosa County
Clerks office would not function as well as it has the last 18
months without the devoted employees that work in the Office of
the Clerk of the Court in Santa Rosa County.
BRUCE MILLERAfter 18 months on
the job, our First Judicial
Circuit Public Defender,
Bruce Miller, is more
optimistic than ever that
the Public Defender’s (PD’s)
Office is heading in the
right direction. When asked
to evaluate the progress of
the office through the initial
transition phase, Miller
spoke of both the progress
that can be easily measured
and the progress that is
harder to quantify.
The measurable progress items are many. They include:
reallocating staff resources to cover caseload demands in the
different counties within the circuit; reducing the number of
redundant administrative positions to free up money to hire
additional attorneys; realigning legal assistant positions so no
legal assistant supports more than two attorneys (for added
efficiency, those two attorneys appear before the same judge);
establishing a buddy backup system for legal assistance to
handle unforeseen circumstances; adding an in-house mitigation
specialist position to handle death penalty cases; and last but not
least, operating within budget parameters especially with regard
to “due process costs.”
Miller said, “We are ahead of the curve in the state with our
in-house mitigation specialist.” The First Circuit’s mitigation
specialist is unique in that most of the PD offices in the state
outsource this function with expert witnesses, at great expense.
Another major accomplishment has been the implementation
of e-filing. This involved training staff in six separate PD offices
to successfully e-file with the four different Clerk of Court Offices
throughout the circuit.
All of these changes positively affect the ability of the Public
Defender’s office to efficiently and effectively represent their
clients. “We now have a more streamline office and administrative
structure,” said Mr. Miller.
The progress that is harder to measure relates to office
personnel. It includes the professionalism, skills and friendliness
of the staff. From day one, Mr. Miller has stressed that the PD’s
office belongs to the citizens of the counties and all the staff who
work in the offices throughout the circuit. He feels that this sense
of ownership is gradually taking hold among the PD employees.
He has an open door policy and welcomes anyone in the office to
come in and discuss ideas to improve operations or morale.
There has also been an increased emphasis on
professionalism and skill development. A joint
professionalism seminar with the State Attorney’s office and
regular presentations from private sector attorneys have
been used to assist in this development.
The April jail explosion and subsequent reassignment
of inmates to other facilities did present some logistical
challenges and uncertainty for attorneys, staff, clients and
client’s families. Inmate relocations temporally decreased
some efficiency as travel times increased, but attorneys
adjusted and things are slowly getting back to normal.
Continuing challenges within the PD’s office include
the loss of experienced attorneys to the private sector. “It is
the nature of this agency - we cannot be competitive with
the potential salary earnings of private sector attorneys,”
commented Miller. Not only does this turnover result in the
September 2014 www.esrba.com The Summation 13
loss of experience and caseload efficiencies, it requires resources
be spent on recruiting and training new attorneys.
Another constant challenge is to improve the public
perception that PD offices are independent agencies with an
ethical duty to represent their clients without influence from the
rest of the judicial system. Without this community trust and
understanding, the job of defending clients becomes increasingly
difficult.
Looking forward to the second half of his term, Bruce Miller
will continue to work to keep the momentum on the progress
the office has made so far. Recognizing that skills training and
professionalism development are key, and budgets always a
concern, they are looking for ways to provide more in-house
continuing education opportunities for attorneys and staff.
With the recent rollout of electronic filing and the pending
implementation of Smart Bench, the office looks to continue to
embrace technology and reduce paper flow.
Whether through efficiencies, staff development, resource
reallocations or employee ownership, Miller’s number one
priority is to continue to improve the image of the Public
Defender’s Office and serve the citizens of the First Judicial
Circuit.
PAM CHILDERSWhen The Summation
interviewed our Clerk
of Court Pam Childers
after she took office last
year, there were several
challenges that faced
the Clerk’s office and
the personnel who serve
there. Now one and a half
years later, Pam Childers
sums up the vision of
meeting these challenges
she previously enunciated
as “vision accomplished.”
Not only “accomplished,”
but within proscribed
time limits set for each
challenge, and some ahead
of schedule. That says a lot for her leadership, and it speaks
volumes about the dedication of the personnel who serve the
Court, the legal community and the public every day.
Benchmark came first. The new case maintenance software
was implemented in the criminal divisions in December 2012,
one month before Childers took office. Benchmark went live in
the civil divisions during May 2013.
E-filing was next. Mandatory e-filing in all civil cases
went into effect April 1, 2013. Mandatory criminal e-filing
was phased in from October 2013 through February 2014.
There has been in-house training, as well as opportunities
for attorneys and their office staff to be educated by Clerk
personnel on the intricacies of the e-portal.
Susan Woolf, General Counsel to the Clerk, had some good
insight into understanding the electronic filing system. What
many of us may not realize is that the Clerk is dealing with a
dual filing system that involves the old-fashioned paper file,
along with the electronic data system. For the past 20 months,
the Clerk has had to docket and maintain both an electronic file
and a hard file, printing every single document filed through
the e-portal to create the hard file. Eventually, almost all
paper files will be eliminated; everything will be electronically
generated and maintained.
One important take-away is that e-filing is not instantaneous
with the docket or the Court file. After the pleading is
submitted through the e-portal, there is still work to be done
processing the filing, docketing it electronically, and creating the
paper that is then filed in the hard file. We can assist our judges
by bringing a copy of whatever motion we are traveling on or
whatever pleading brings us to court to be resolved at a noticed
hearing.
The next step is the implementation of the judicial
viewer software called SmartBench. The SmartBench
software will be utilized by the judges, judicial assistants,
and clerk personnel to electronically view pleadings and
cases. Importantly, implementation of SmartBench will
complete the electronic circle, so that files and pleadings
can be moved electronically between the Clerk and the
courts. This step will enable the Clerk to move to an
almost paperless and more efficient system.
Lastly, we have all noticed changes in the various forms
that the Clerk requires in order to access court files. The
bottom line is that access to a court file is determined by
a person’s status in a particular case. An attorney of record
and a party has greater access than someone off the street
that wants information from a file.
In all, Pam Childers and her staff of professionals
have made huge strides in bringing the Escambia County
Clerk’s office into the 21st century. Challenges there have
been, and challenges there will continue to be, but we practice
in a well-ordered circuit, and in a forward-thinking county. The
Summation will continue to bring the Bar progress reports on
what the Clerk is doing to facilitate practice before our Courts.
14 The Summation www.esrba.com September 2014
A potential client walks into your office, in great need of legal help but no means to pay a fee. You look at the stacks of files on your desk and the calendar showing little room to breathe. No, you decide, now is not the time to take on a pro bono case. How can you help her find help? Where can she go?
Legal Services, of course! But, there’s two legal services firms. Which is the right one? Can it possibly be both or is this a case of mistaken identity? Within this tale, you will uncover the mystery of Legal Services of North Florida and Northwest Florida Legal Services – your local tandem of legal services law firms. Where did they come from? What do they do? How are they different? How do I get this person in need to them? And how are they like Cary Grant hanging from the presidential faces of Mt. Rushmore?
Florida’s two westernmost legal services programs serve our community by providing free legal assistance to those with little income and other vulnerable populations, such as victims of domestic violence, children, senior citizens, veterans, those who are homeless, and persons with disabilities.
Where did they come from?While American legal services has existed in some form for
more than 150 years, it was almost 50 years ago, with the War on Poverty, that it began to grow into a tool to level the playing field for those living in poverty. Forty years ago, the Legal Services Corporation became the largest entity supporting legal services to the poor through a comprehensive federal plan - a mechanism to achieve the goal of making the access to legal representation fair.
In 1976, Legal Services of North Florida (LSNF) began with two attorneys serving Leon County, then expanded to serve Bay, Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Liberty, Wakulla and Washington counties by the end of the decade. LSNF’s Ft. Walton Beach office opened in the early 1980s, serving Okaloosa and Walton counties. The Pensacola office opened in 2004.
In 1978, the Escambia Legal Aid Society, a voluntary pro bono program, evolved into Northwest Florida Legal Services (NWFLS). NWFLS recently expanded its elder law assistance to Okaloosa and Walton counties.
Why are there two?Before 2004, both LSNF and NWFLS received funding from
the Legal Services Corporation (LSC). In the early 2000s, LSC regionalized its funding in Florida, limiting it to only one non-profit firm per region. The firms worked together to coordinate the changes in funding, with LSNF receiving the LSC grant and the Florida Bar Foundation increasing its funding to NWFLS with funds it previously gave to LSNF. The resulting change for those in Escambia and Santa Rosa counties was the expansion of
LSNF by opening an office in Pensacola. The collective goal of both programs continues to be to best use our different resources to serve low-income and those in need in our two counties, and to positively impact those who are victimized or living in poverty.
What do they do and what are the differences?In 2004, LSNF and NWFLS divided their services so that,
essentially, NWFLS’ focus was family law and service to senior citizens, while LSNF’s focus was on housing and consumer matters. Over the past 10 years, this division has become a little grayer in response to funding opportunities and the needs of our community. In 2004, following Hurricane Ivan, LSNF received a grant to respond to disaster-related legal issues. In 2005, LSNF began representing children in foster care and dependency – helping with things like placement, education, mental health needs, immigration, juvenile delinquency, identity theft, debt collection, taxes and probate. In 2009, LSNF received funds to represent domestic violence victims and, in 2010, began receiving funds to assist victims of sexual violence. In 2007, LSNF expanded its Low-Income Taxpayer Clinic to include the First Circuit. In 2008, as a result of the foreclosure crisis, NWFLS began receiving funds to assist with foreclosure defense. In 2010, in the wake of the oil spill, LSNF received funds to assist low-wage earners, including small businesses, and subsistence fisherman in their oil spill claims.
Even with these variations, the original differences in kinds of cases still holds true. NWFLS handles predominantly family law, with some foreclosure and elder law cases. LSNF handles predominantly housing and consumer cases, with some family law cases where domestic or sexual violence is involved. Fortunately, if it’s still clear as the middle of a cornfield being crop-dusted, both firms work together to help make sure a client gets to where he or she needs to go for help.
Where do I go to learn about pro bono opportunities?Either and both! Both LSNF and NWFLS are always on the
lookout for pro bono volunteers. Recent studies have shown that legal services programs nationally are only able to provide the requested assistance to about 20 percent of those who are eligible. With the help of pro bono attorneys, paralegals and other volunteers we are able fill some of that gap and provide advice and representation to more families in need. In addition to referring individual cases, both LSNF and NWFLS sponsor various legal clinics to help meet the need. NWFLS sponsors twice monthly dissolution of marriage clinics with the help of pro bono volunteers. LSNF sponsors the VA Stand down clinic each October, and works with the Escambia/Santa Rosa Bar Association (ESRBA) to organize the Law Week Clinic each spring and the Advance Directives clinics that started earlier
Solving the Mystery of Your Local Legal Services ProgramsBy LESLIE POWELL
NORTH BY NORTHWEST
September 2014 www.esrba.com The Summation 15
this year. LSNF continues to explore funding opportunities to develop a pro bono legal helpline similar to the one already working in its Tallahassee office. Other opportunities may be available at both firms as needs and resources change. See http://www.lsnf.org/pro-bono-attorneys for more information, including how you can select a pro bono case online.
What about the potential client in my office?Depending on her legal issue, you should have her contact
one of our offices. We’ve tried to narrow down what we do in hopes you can get her to the right place (see Table). Both offices are opened Monday-Thursday beginning at 8:30 am, and for emergencies on Fridays. Both offices even have websites that allow for on-line requests for services: www.LSNF.org and www.NWFLS.org.
And how are they like Cary Grant on Mt. Rushmore?
The principles reflected in the faces of four of our country’s greatest leaders, with their spirit of democracy, equality, and justice serve as great examples of the vision of legal services. Is there a better foundation to climb in these challenging and changing times?
In 1994, the American Bar Association conducted a study that demonstrated that less than 20 percent of the legal needs of low-income Americans were being met. Studies done since have found the same “justice gap:”
• for every applicant receiving assistance by a legal services program, another was turned away due to lack of staff and resources;
• for every 6,415 low-income persons there is only one legal aid attorney;
• in the population generally, there is one attorney for every 429 persons .
With reductions in IOTA funding since the housing bust, paired with reductions in federal funding, the ability to serve those in need is becoming increasingly challenging. LSNF and NWFLS persevere by expanding our use of technology, self-help clinics and pro se forms. LSNF
partnered with AmeriCorps to bring in volunteer attorneys for annual commitments to work to end poverty in our community with little expense to the firm.
This kind of innovation, paired with the support of those in our community, allows us to maintain services and move forward with our vision of fairness not just within our legal system, but fairness in accessing it as well. And with this mystery solved, LSNF and NWFLS will continue to work together, and with the ESRBA, to help those in need in the Pensacola Bay Area.
Cases handled by local Legal Services Programs (Note: Acceptance and level of service determined by available resources and merit of case) Kind of Case North Florida (LSNF) Northwest Florida (NWFLS)
Bankruptcy Yes No
Debt Collection Yes Limited
Foreclosure Yes Yes
Domestic Violence Yes Yes
Landlord-‐Tenant disputes Yes Limited
Income Tax disputes Yes No
Dissolution of Marriage Limited Yes
Title Issues Limited Limited
Ejectment Limited Limited
Eviction Defense Yes Limited
Eviction by Landlord No Elders only
Expungement Limited No
Paternity Limited Limited
Repeat Violence Yes Yes
Stalking Yes Yes
Sexual Violence Yes Yes
Immigration Limited Limited
Contract disputes Limited Limited
Disaster claims Yes Limited
Veterans Assistance Yes Limited
Oil spill claims Limited No
Name Change Limited Limited
Children -‐ dependent Yes No
Education Rights Yes No
Class actions No No
Parents in dependency No. Court appointment only
Custody Disputes Limited Limited
Child Support Limited Limited
Cases handled by local Legal Services Programs (Note: Acceptance and level of service determined by available resources and merit of case)
16 The Summation www.esrba.com September 2014
September 2014 www.esrba.com The Summation 17
Every summer, the National Association of Legal Assistants • Paralegals (NALA), offers its three-day Annual Convention and Summer Educational Institutes. This year’s convention was in Charleston, S.C. Did your paralegal attend? Or perhaps the question is, why should your paralegal attend?
Here are our top five reasons why your paralegal should attend the next NALA Convention, gleaned from our past decade of involvement with NALA and the NALA conventions.
1. Duty of Competence. Like attorneys, paralegals have a duty of competence. According to NALA’s Code of Ethics and Professional Responsibility, Canon 6:
A paralegal must strive to maintain integrity and a high degree of competency through education and training with respect to professional responsibility, local rules and practice, and through continuing education in substantive areas of law to better assist the legal profession in fulfilling its duty to provide legal service.
NALA Certified Paralegals, and all members of the Northwest Florida Paralegal Association, agree to be bound by this Code of Ethics as part of their application for membership in the NWFPA. This duty is also expressed in the Florida Registered Paralegal’s Rule 20-7.1(f).
The in-depth, substantive continuing education presented by NALA’s Institutes, discussed below, provides this competency.
a. NALA’s CP program has received National Accreditation. NALA’s benchmark of competence has been recognized by the National Commission for Certifying Agencies (“NCCA”), and its Certified Paralegal designation is the first paralegal certification program ever accredited. NCCA standards are consistent with The Standards for Educational and Psychological Testing (AERA, APA, & NCME, 1999) and are applicable to all professions and industries.
2. NALA’s Institute Format. For the past several years, NALA has offered an “all-Institute” format for the continuing education classes. This year, the following Institutes were offered: Anatomy of a Case, Corporate, Intellectual Property, Essential Skills, Discovery, and Elder Law.
With this format, attendees attend their chosen Institute all three
mornings of the Convention, providing up to nine hours of continuing education credit. This allows the speaker(s) time to cover advanced concepts related to the topic and explore different formats to present the material.
For example, during the first two days of the “Anatomy of a Case” Institute, the speakers (an attorney/paralegal team) provided practical strategies for managing a “real life” litigation matter from the beginning to the end of the case, including techniques for effectively handling case management orders and scheduling orders, electronic discovery, depositions, budgeting and cost management, trial exhibits and trial witnesses. On the final day of the Institute, attendees took part in a mock motion hearing, presided over by Mikell R. Scarborough, Charleston County Master-in-Equity, in which the attendees enacted the different roles presented in the scenario and were able to utilize the Institute’s information through a practical demonstration.
3. Nationwide Networking Opportunities. From all across the United States, including Alaska and the Virgin Islands, paralegals from law firms ranging in size from firms with international branches to sole practitioners, and paralegals from the public and private sectors working in all areas of law converge at NALA’s convention to share information, best practices, software tips, and much more. The Convention offers the opportunity to learn from one another and collect resources for the future. When you are looking for a process server, court reporter, investigator in another state that you can rely on, a contact made at the convention is only an e-mail away. Because the convention is offered at a different location in the continental United States each year, paralegals also have the opportunity to experience and appreciate the diversity of culture each location adds to the convention experience.
4. Essential Skills. The Essential Skills Institute is offered at each convention. Composed of legal research, judgment and analytical ability, communications and ethics, this course is designed for paralegals interested in taking NALA’s certification exam or for those interested in refreshing these skills. By passing NALA’s voluntary CP exam a paralegal demonstrates to an employer that he or she has
met NALA’s rigorous educational standards requisite to performing paralegal duties. Law firms recognize the value and profit from billing for paralegal services. NALA’s CP designation is prima facie evidence substantiating current market rates.
5. The NALA Convention builds soft skills. Soft skills are crucial for a successful paralegal and are an important contribution to a law office. The NALA Convention provides attendees with many opportunities to further leadership and public speaking skills through its member meetings, its LEAP (leadership) program, Affiliate Exchanges, and Member Exchanges.
In 2015, NALA will celebrate its 40th anniversary with the Annual Convention in Tulsa, Oklahoma, and it promises to be a spectacular event. Plan to take advantage of the multiple offerings at the convention that will add value to your paralegal, and your firm.
By LYDIA BRACKETT, ACP, FRP & KRISTINE HILL, ACP, FRP
THE TOP 5 REASONS YOUR PARALEGAL SHOULD ATTEND THE NALA CONVENTION
18 The Summation www.esrba.com September 2014
DOMESTIC PARTNERSHIP REGISTRY
The purpose of this article is to explore two potential issues our legal community may face after the City Council of Pensacola passed the Domestic Partnership Registry (“DPR”) legislation. In December of 2013, Pensacola became one of seven Florida cities to implement a DPR. As of July 29, 2014, a total of 62 heterosexual and same-sex DPR applications have been filed with the City’s Clerk.
Before exploring the potential issues, it is helpful to review the DPR’s “nuts and bolts.” The requirements for effectuating registration are set forth in Pensacola, Florida, Code of Ordinances § 5-3-2 (2013) (“Ordinance No. 41.13”). Applicants must pay a $60 registration fee, present a valid form of identification, and sign an “affidavit of domestic partnership.” The form affidavit states that:
1. Each person is at least eighteen (18) years old and competent to contract;
2. Neither person is currently married under Florida law or is a partner in a domestic partnership or a member of a civil union with anyone other than the co-applicant;
3. They are not related by blood as defined in Florida law;4. Each person considers himself or herself to be a member
of the immediate family of the other partner and to be jointly responsible for maintaining and supporting the registered domestic partnership;
5. The partners reside together in a mutual residence;6. Each person agrees to immediately notify the City
Clerk, in writing, if the terms of the registered domestic partnership are no longer applicable or if one of the domestic partners wishes to terminate the domestic partnership; and
7. Each person expressly declares their desire and intent to designate their domestic partner as their healthcare surrogate and as their agent to direct the disposition of their body for funeral and burial.
Once the requirements of § 5-3-2 have been satisfied, the newly registered domestic partners become entitled to a limited number of rights within the confines of the City of Pensacola. These rights are outlined in § 5-3-5 of Ordinance No. 41-13 and include the following:
1. Health Care Facility Visitation;2. Health Care Decisions;3. Funeral and Burial Decisions;4. Correctional Facility Visitation Rights;5. Notification of Family Members;6. Preneed Guardian Designation; and,7. Participation in Education.The above-listed rights and powers, although limited
in scope, provide registrants with important freedoms and
authority; however, as with any new authoritative decree, the legal community is confronted with unforeseen circumstances. For example, and in connection with 2, 3, and 6 above, the legislation makes clear that any statutory forms or designations that are properly executed after the date of registration shall control over the DPR designation. This provision may lead a reasonable person to conclude that the registration process wholly voids or revokes any former designation or appointment. Many properly executed statutory forms also contain safeguards and instructions that are more far-reaching than the limits of the DPR benefits and their termination provisions do not contemplate the possibility of a DPR designation. This quandary is further exacerbated by the possibility that an event that would invoke DPR benefits may occur in a jurisdiction, e.g. Escambia County or Santa Rosa County, that does not recognize the City’s DPR rights. It is unknown what, if any, effect the DPR will have on such previously and properly executed forms.
Another potential issue that may occur in the domestic arena is concerning item 7, the “Participation in Education” (of dependents) provision. This section affords a domestic partner all of the same rights a biological parent has “to participate in the education of a dependent of the registered domestic partnership.” These rights, however, are fully dependent upon the consent of the biological parent not party to the registered domestic partnership and whose parental rights have not been terminated. It is possible, if not probable, that the implementation of these rights may create an influx of domestic disputes based on the principle of consent. The issue is whether consent is assumed unless and until an objection is raised and whether there is any duty of disclosure to the biological parent not party to the domestic partnership.
Many support the progress the City of Pensacola has made in recognizing the legitimacy and importance of domestic partnerships and believe such recognition is timely and consistent with current legal trends occurring contemporaneously across the state. In fact, three state Circuit Court Judges in Monroe, Miami-Dade, and Broward counties recently held that Florida’s ban on same-sex marriage is unconstitutional. On August 21, 2014, U.S. District Judge Robert L. Hinkle, of the Northern District of Florida, ruled in favor of same-sex marriage and, in support thereof, stated, “Tolerating views with which one disagrees is a hallmark of civilized society.” Should the rulings be upheld, a transformed landscape of marriage and family will present legal professionals with new issues and circumstances to contemplate.
By AURORA OSBORN, CP
September 2014 www.esrba.com The Summation 19
When Troy Rafferty was a two-year-old toddler playing
in the sandbox at his Kalamazoo home, his future law
partner Lefferts L. Mabie, Jr. was being sworn in as
president of the Academy of Florida Trial Lawyers, the
predecessor to the Florida Justice Association (FJA). Fast
forward 43 years, and Troy was elected President of the
same organization, on June 17, 2014. It is only one of
Troy’s numerous accomplishments, but this one stands
out. It is quite an achievement to be tapped to lead the
most active and engaged trial lawyer organization in
the state. He previously served on the Young Lawyers
Board of Directors, the Board of Directors and Executive
Committee of FJA. He also currently serves as President of
the Mass Tort Trial Lawyers Association.
When asked about his goal for FJA during his one
year term, he said, “My goal is to ensure that the courts
are accessible to every citizen and that we preserve the
right to a trial by jury. These are battles that are fought
in Tallahassee every year and the FJA is at the forefront
of trying to protect these fundamental rights that have
made our country’s legal system the envy of the world.
Through the passage of pro-consumer legislation, we can
help ensure that every person has access to a fair and even
playing field in the court system. That is my goal.”
Tom and Sharon Rafferty didn’t know they would be
responsible for raising the first lawyer in the Rafferty
family when he was born to them in 1969, joining two
older brothers, Tim and Tucker. He had a solid and loving
upbringing and parents who encouraged him to work
hard and be a good person. He has described his late
father as “the nicest person in the world,” and he means it
when he says it.
Troy received an undergraduate degree in International
Relations from Michigan State, followed by graduation
Magna Cum Laude from Valparaiso University, where he
was a member of the law review. A week after graduation,
he literally jumped in his car and drove down to
Pensacola to start work at
Levin, Papantonio.
Pensacola instantly became “home.” He says he is
“simply proud to be a trial lawyer.” He adds, “After 20
years of practicing, I love being a trial lawyer every bit as
much now, if not more, than I did when I first started. I
believe that being a lawyer and in particular a trial lawyer
is a gift we have been given. We need to cherish it and
make sure we preserve this profession for those who come
after us.”
All of the accolades would mean little without his
lovely wife Ashley, a highly respected local artist, and their
eight-year-old daughter, Lilly. Troy describes Ashley as his
hero and his inspiration and “the best” wife and mother.
Lilly follows in her parents’ entrepreneurial steps as a
leading fundraiser for the American Heart Association at
her school.
Troy is a friendly and engaging person and yet a
tenacious advocate. Although his work requires a lot of
travel and long hours, he makes time to enjoy family and
friends. You will find him during football season either
celebrating or mourning his beloved Notre Dame football
team, oftentimes with a Fighting Irish mug in hand and
an unlit cigar in his mouth, as he paces between downs
and challenged calls. He has taken all the Manti Te’O
jokes in stride. At work, he and Leo Thomas are regularly
involved in verbal skirmishes, creating much laughter for
the spectators.
His immediate family and his extended Levin,
Papantonio family are all proud of Troy and are eager to
see what the year ahead brings to the FJA under Troy’s
leadership. Congratulations, Troy.
By VIRGINIA M. BUCHANAN, ESQUIRE
THE ROAD FROM KALAMAZOO TO THE FLORIDA JUSTICE ASSOCIATION:
Troy Rafferty takes the helm as President of the State’smost prestigious plaintiff’s trial lawyer organization
20 The Summation www.esrba.com September 2014
Judge’s Preferences
Each month we will publish detailed information on one of our First Judicial Circuit and County Judges. This edition, we are featuring Judge Jennifer Frydrychowicz..You can also find this information and preferences for all First Circuit Judges at www.firstjudicialcircuit.org.
Escambia County Judge: Division: IV Judicial Assistant: Hayley D. Faulkner M.C. Blanchard Judicial Building, Sixth Floor190 Governmental CenterPensacola, FL 32502Phone: 850-595-4427 Fax: 850-595-0383
PLEASE NOTE: Please do not fax more than ten (10) pages without first
calling for permission to do so.
COURT CALENDARCounty Court is set on a five week cycle. Below is a general
guideline for Division IV’s calendar:Week 1:Arraignments (8:30 a.m.) and Video Appearances (1:30 p.m.) ~ Five (5) days.Week 2:Arraignments (8:30 a.m.) and Video Appearances (1:30 p.m.) ~ One (1) day.PLEA DAY (8:30 a.m.) ~ One (1) day.Judge Trials and/or Motions (8:30 a.m. & 1:30 p.m.) ~ One (1) day.VOPS (Violation of Probation Hearings) (8:30 a.m.) ~ One (1) day.Week 3:Judge Trials and/or Motions (8:30 a.m. & 1:30 p.m.) ~ Two (2) days.FINAL PLEA DAY (8:30 a.m.) ~ One (1) day.Week 4:Jury Selections (8:30 a.m.) ~ One (1) day.Jury Trial ~ Four (4) days.Week 5:Jury Selections (8:30 a.m.) ~ One (1) day.Jury Trial ~ Four (4) days.
SUBMITTING MOTIONS AND SCHEDULING HEARINGSAny matter to be considered by the Judge should be in the
form of a motion file with the Clerk of Court. Copies should be provided to all parties on record with a courtesy copy supplied to the Judge by email. Please provide copies of case law at least 24 hours prior to the scheduled hearing.
It is the responsibility of the moving party to set the motion for hearing and to coordinate that hearing with the Judge’s office and all counsel of record. If a party needs to request a continuance after a motion has been set, the moving party is withdrawing the motion, or the motion is conceded, please let opposing counsel and the Court know as soon as practical. Motions must be filed in a timely manner as to allow the opposing party sufficient time to review, determine if subpoenas are necessary and if so, permit sufficient time for service. As a general rule, motions requiring witness testimony should not be set less than twelve days out from the date of Notice.
ARRAIGNMENTS/TRAFFIC/VIDEO COURTIf an attorney or defendant requests an appearance date
be reset, he or she must provide written proof supporting the reason for the request. The document may be emailed or faxed to the Judge’s office. After review, the attorney or defendant will be contacted with a decision.
FAILURES TO APPEARAll warrants will remain outstanding until served unless
placed on “hold” or recalled for sufficient reason, subject to approval of the Judge.
PLEA DAY/MOTIONS TO CONTINUEPersonal appearances by the attorney of record, if any, and
defendant are necessary. Any request to waive an appearance should be requested by written motion and filed at least two days prior to the scheduled hearing date.
Motions to Continue must include a proposed Order and should be filed with the Clerk of Court at least two days prior to the scheduled hearing date. Said Orders should contain the correct reset dates. If the opposing party has no objection, and the case has not been previously continued, no hearing will be required.
JENNIFER J. FRYDRYCHOWICZ
September 2014 www.esrba.com The Summation 21
News from the Court
SUPPORT OUR VETERANSBy KERI IGNEY
On September 26, 2014, in Ft. Walton Beach, and on October 24, 2014, in Pensacola, Veterans in need of service will gather to Stand Down. “Stand down” is a military term meaning relaxation from readiness or alert. In active duty, this means a break to re-group from the stresses of combat - the opportunity to renew their spirit, health and overall sense of well-being. For our local homeless and at-risk veterans, it means much the same - a chance to re-group from the stresses of homelessness and instability to be served by our community. Included among these services are a Veteran’s Court (staffed by the State Attorney, Public Defender, Clerk of Court, Sheriff Deputies, Police department personnel, and Judiciary) to address outstanding misdemeanors and warrants; and a Civil Legal Clinic (staffed by pro bono attorneys, paralegals and students) to help our veterans address their civil legal problems.
Legal Services of North Florida asks local attorneys to mark their calendars to join one of these events (additional details below). The legal issues are broad and varied so any expertise you have is important. The greatest legal need usually involves housing
issues, government benefits and family law. In the legal clinic, attorneys will provide advice to veterans, giving many much needed direction. No commitment is required after the event, although some attorneys do take cases for further representation. If you would like more information or to volunteer for either event please contact: For Ft. Walton Beach, Brian Norback: [email protected]; For Pensacola, Leslie Powell: [email protected].
Seventh Annual Okaloosa Walton Homeless Veterans’ Stand Down
26 September 2014First Presbyterian Church, 134 Beal Pkwy SW, Fort
Walton Beach, FL 32548
2014 Escambia Santa Rosa Veterans’ Stand Down24 October 2014VA Joint Ambulatory Care Center (JACC)790 Veterans Way - Pensacola, FL 32507(off of Hwy. 98 between Navy Blvd. and Blue
Angel Pkwy.)
22 The Summation www.esrba.com September 2014
Wall of Honor
James Nixon Daniel, Jr. was a kind, quiet and brilliant man, destined from birth to be a success at whatever profession he chose. He came into the world in Chipley, Fla. on the 22nd of March, 1927. He was the son of James Nixon Daniel and Villeta McGeachy Daniel. His father was one of North Florida’s most outstanding attorneys for more than 40 years. His uncle, R.A. McGeachy moved to Milton, Fla., to practice law in the early part of the 20th century and became a well-respected jurist. Nixon often said that as a teenager his dream was to become a lawyer and to practice with his father.
When Nixon graduated from high school in 1945, World War II was not over. He enlisted in the United States Army Air Corps and spent most of the year of 1946 in Japan as part of the Army of Occupation. Nixon wrote his sister that receiving letters from home was the highlight of his day. His sister asked her friend Christine Zeigler, a student at Florida State University, to write him also. Nixon enjoyed their correspondence so much that when he returned home, he arranged to meet her. Their courtship began. They continued to date and to correspond during the next three years while Nixon was a student at Washington and Lee University.
At the end of three years his excellent grade point average and credit hours were sufficient to enable him to transfer directly to the University of Florida Law School. He married Chris and entered law school in 1949. In his third year Nixon was editor-in-chief of the Florida Law Review. He was Phi Beta Kappa as was his father before him and his sons Nix and John after him.
When Nixon graduated from law school in 1951, he received a job offer from the firm of Yonge, Beggs and Lane in Pensacola, Fla. Nixon had intended to return to Chipley to practice law with his father. However his father thought that this offer was a great opportunity and urged Nixon to accept.
Subsequently, Chris and Nixon moved to Pensacola and started a family. They had four children, Nix, John, Ed and Susan, all of whom live in Pensacola. Nixon and Chris were devoted to their children. They saw to their schooling, attended their various school and church events and spent countless hours boating, fishing and skiing.
Susan is the Corporate Secretary-Treasurer of Gulf Power Company. Ed practices dentistry. Nix and John are partners in
Beggs and Lane where Nix has been the managing partner for the past 16 years.
Shortly after joining the firm, Nixon’s legal career began to flourish. Nixon was universally liked. He had a charismatic way about him. With a smile and a few soft words, he made judges, jurors, clients and fellow attorneys admire and trust him. In 1956 he became a partner in the firm. Shortly thereafter he succeeded Mr. J.E.D. Yonge as general counsel and a member of the board of Mutual Federal, the largest savings and loan
association in Northwest Florida. Under Nixon’s direction, Beggs and Lane closed all of Mutual’s loans for many years. Nixon spent countless hours with the firm’s young lawyers. He taught them how to examine an abstract, prepare loan documents and handle clients at the closing. He also communicated the value of adhering to the highest ethical standards. He and his partner Bert Lane always said, “If you have to ask if a certain course of action is ethical, don’t do it.” Nixon frequently said that it was important to do what was right and equally important to do it for the right reason.
During his career Nixon served his profession as President of the Society of the Bar of the First Judicial Circuit and as a member of the Florida Board of Bar Examiners and of the Florida Bar Board
of Governors. He served his community as a member of the board of Baptist Hospital, Inc. and as president of the Children’s Home Society, Pensacola Junior Chamber of Commerce and the Pensacola YMCA. Active members of the First Baptist Church, Nixon and Chris led Sunday School classes, Bible studies and mission efforts. He was a vice-president of the Florida Baptist Convention and vice-chair of the Board of Trustees of Southeastern Baptist Theological Seminary.
Nixon became the managing partner at Beggs and Lane in January of 1975. Unfortunately his tenure was short lived. In February of that year he suffered a major heart attack. He recuperated at home for two months. On May seventh, he returned to the firm for a short visit. While talking to his friend Bert Lane, he suffered a second major attack from which he did not recover.
Nixon’s untimely death at the age of 48 was tragic, not only for his family but also for his law firm, his church and his community.
JAMES NIXON DANIEL, JR.By W. SPENCER MITCHEM
September 2014 www.esrba.com The Summation 23
www.FederalCivilServiceLaw.com
504 North Baylen Street • Pensacola, Fl 32501Office: 850.434.9922 • Fax: 850.432.2028
Concentrating in:
• Federal Civil Service Law
• Business & Real Estate Law
• Florida Public Employee Pensions
24 The Summation www.esrba.com September 2014
On June 16th I had the honor to attend the first Veterans’ Court graduation held in Okaloosa County. The graduation ceremony was a combination court proceeding and celebration as three veterans with criminal charges levied against them had those charges dismissed after successfully completing treatment and other court-ordered conditions. The graduation was presided over by the Honorable T. Patt Maney and witnessed by elected officials, senior court administrators, Veterans’ Court appointed mentors, family and friends.
The Okaloosa County Veterans’ Court, also known as a Veterans’ Treatment Court, was set up in 2010 under the supervision of Judge T. Patt Maney. Judge Maney, a retired U.S. Army Reserve brigadier general, was severely wounded in Afghanistan in 2005 and spent 20 months recovering at Walter Reed Army Medical Center. Judge Maney said the experience “left me sensitive and sympathetic to the plight of some 200,000 wounded warriors with traumatic brain injury, and their families and their communities and veterans in general.” He then came up with the idea of working with homeless veterans in court, spearheading a “Stand Down”
event in Okaloosa County. He also wanted to build on and codify this combination of compassion for our veterans and court related business.
During the 2012 Florida Senate session, the Senate passed the T. Patt Maney Veterans Treatment Intervention Act; creating a pretrial veterans’ and service members’ treatment intervention program. The program takes into account a veteran’s service and creates an opportunity to avoid recidivism and criminal records that would limit their future opportunities.
The Okaloosa County Veterans’ Court Program, which has worked with defendants for every county in the circuit, deals with misdemeanors and third degree felony cases. It was established to serve veterans struggling with treatable behavioral, mental, or chemical health problems as a result of trauma experienced while serving in a combat/war zone. The court is a voluntary 12-18 month program which promotes sobriety, recovery, restoration and stability, through a coordinated response involving cooperation between all stakeholders in the process. There is a specialized court docket for veteran defendants that substitutes traditional court process with a problem solving model. Partner organizations that make the program successful include the U.S. Department of Veterans Affairs, the First Judicial Circuit Court of Florida, the Okaloosa County State Attorney’s and Public Defender’s Office, the Okaloosa County Department of Corrections, to name a few.
The Veterans’ Court services include one-on-one judicial supervision, group evaluation by the collaborative team, intensive probation supervision, employment and housing assistance, medication monitoring, counseling and mentoring. The mentors are themselves veterans who take their responsibility very seriously.
During the June 16th ceremony, the mentors of the three graduating veterans stood before the court and recited the Veterans’ Court Mentor Creed:
“I am forever conscious of each veteran under my charge, and by example will inspire him or her to the highest standard possible.
“I will strive to reintegrate my veteran back to society.“I will live by the credo ‘leave no veteran behind’ and will
give them the support only I, a veteran can give.“I will never forget that I am responsible to my fellow
veterans, the Veterans Treatment Court program and the law.”To those three graduates of the Veterans’ Court that day,
I congratulate you on your accomplishment and wish you the best for a productive and happy life. For those veterans currently in the program or about to enter it, I admire your courage and fortitude. To all veterans, I say thank you.
By MICHAEL DOUBEK
VETERANS COURT GRADUATION
September 2014 www.esrba.com The Summation 25
26 The Summation www.esrba.com September 2014
The First Circuit Professionalism Committee was established in response to an Order of the Florida Supreme Court for each Circuit to constitute a professionalism committee. The Chair of the First Circuit Professionalism Committee is appointed by the Chief Judge of the First Circuit. The Chair appoints the members of the Committee. The purpose of the First Circuit Professionalism Committee is to promote and encourage professional behavior by the lawyers practicing in the First Circuit. This is accomplished through education, social events, CLE, and any other means deemed appropriate by the Committee. Pursuant to its charge, the Chief Judge of the First Circuit has assigned to the Committee the task of developing and implementing the following professionalism grievance policies and procedures.
1. Purpose of the Policies and ProceduresPursuant to the Order of the Florida Supreme Court,
“In Re: Code for Resolving Professionalism Complaints,” Case No. SC13-688, Fla. S. Ct., June 6, 2013, each Circuit must devise a plan for resolving disputes where a person believes a lawyer has acted in a manner less than the high standards of professionalism expected of lawyers in the First Circuit.
These procedures do NOT apply to complaints by lawyers about judges. Complaints about judges are to be directed either to the Administrative Judge for the County, the Chief Judge of the Circuit, and/or the Florida Judicial Qualifications Committee.
It is the goal of these policies and procedures to provide an effective, yet informal, procedure to resolve disagreements over the professionalism of lawyer behavior.
2. Make-up of the Panelsa. There shall be two Panels, each appointed by the
Chair of the First Circuit Professionalism Committee. One Panel shall consist of persons from Escambia or Santa Rosa Counties, and shall be designated Local Professionalism Panel West (“LPP-W”). One Panel shall consist of persons from Okaloosa or Walton Counties, and shall be designated Local Professionalism Panel East (“LPP-E”).
b. Each Panel shall have a chair, plus four members selected from the First Circuit Professionalism Committee.
c. The terms of the members of the two Panels shall be set at the discretion of the Chair of the First Circuit Professionalism Committee.
3. Procedure for initiating a complainta. Any person may file a confidential complaint by mail
to the First Judicial Circuit Trial Court Administrator, 5th Floor, M.C. Blanchard Judicial Center, 190 Governmental Center, Pensacola, FL 32501. The outside of the envelope shall state the following in bold letters: CONFIDENTIAL
DOCUMENT FOR CIRCUIT PROFESSIONALISM PANEL. The outside of the document shall also state in bold letters either: LPP-EAST or LPP-WEST, depending on which Panel is to receive the claim.
i. Claims concerning attorneys in Okaloosa or Walton Counties shall be designated LPP-EAST.
ii. Claims concerning attorneys in Escambia or Santa Rosa Counties shall be designated LPP-WEST.b. A form for such complaints is attached as
Attachment 1 to these Policies and Procedures. The form may be changed at the discretion of the First Circuit Professionalism Committee.
c. The First Judicial Circuit Trial Court Administrator shall forward the envelope, unopened, to the chair of the appropriate Panel.
d. The Chair of the Panel shall refer the complaint to a member of the Panel by random selection to investigate and mediate the complaint, and report the results to the Panel. If unable to initiate the investigation within five business days, the investigating member shall refer the matter back to the Chair of the Panel who shall assign a different member at random.
i. If, within 10 days after receipt of the complaint, the Chair determines investigation by the Panel would be inappropriate, the Chair of the Panel may appoint a Special Investigating Member from outside the LPP to investigate and mediate on behalf of the Panel. The Special Investigating Member may thereupon take whatever steps he/she deems necessary and appropriate.e. The Investigating Member or the Special
Investigating Member shall provide a copy of the complaint to the attorney.
4. Investigation, resolution and appeala. Within 10 days of receipt of an assignment by the
Chair, the attorney assigned to investigate the claim shall communicate with the complaining party and the attorney(s) involved and determine if any further action is appropriate. The investigating attorney has the discretion to help the parties meet a mutually agreeable resolution of the dispute.
b. If within 30 days of the assignment from the Chair, the investigating attorney and the parties cannot resolve the dispute, the investigating attorney shall report, in writing (or e-mail) to the Chair of the Panel.
c. Within 30 days of receipt by the Chair of a report that the investigating attorney and the parties are unable to resolve the dispute, the Chair of the Panel shall call a meeting of the Panel (the Panel can meet in person, telephonically or through e-mail) to consider the report
FIRST JUDICIAL CIRCUIT ADOPTS PROFESSIONALISM GRIEVANCE
POLICIES & PROCEDURES
September 2014 www.esrba.com The Summation 27
of the investigating attorney and determine what action, if any, may be appropriate. Within 20 days of a meeting of the Panel to find a resolution of an unresolved dispute, the Panel shall issue a report and recommendation to the party(s) involved in the dispute.
d. Within 10 days from receipt of the report and recommendation by the Panel, if either the complaining party or the party complained against is not satisfied with the resolution of the Panel, they may appeal to the entire First Circuit Professionalism Committee by filing a written objection with the Chair of the First Circuit Professionalism Committee.
e. The First Circuit Professionalism Committee shall have 30 days to consider the appeal.
f. If the appeal still is not resolved after 30 days, the parties shall be referred to The Florida Bar Attorney Consumer Assistance and Intake Program (“ACAP”).
g. If a party believes a violation of the Rules Regulating The Florida Bar has occurred, the matter shall be referred to The Florida Bar Discipline system for the filing of a grievance.
h. If, at any time, the investigating member, the special investigating member, the Panel, or the Committee is of the belief that the matter involves a violation of the Rules Regulating The Florida Bar, they are required by the Rules Regulating The Florida Bar to file a report with The Florida Bar.
i. If, at any point in the process, a matter is referred to ACAP or as a grievance to The Florida Bar for a violation of the Rules Regulating The Florida Bar, the Committee, Panel, and investigating member are to close the file and end the Professionalism Committee process.
5. CONFIDENTIALITY OF ALL PROCEEDINGSa. All proceedings pursuant to these procedures shall
remain confidential. They may be shared only with members of the First Circuit Professionalism Committee, the Special Investigating Member if one is appointed, the complaining party and the attorney against whom a complaint is filed.
b. When an investigation is closed, all records shall be sent to the Chair of the First Circuit Professionalism Committee, who shall maintain the records for 36 months from receipt. At the expiration of the 36 months, the records shall be destroyed.
The entire policy, procedures, complaint form and attachments can be found on the First Judicial Circuit’s website www.firstjudicialcircuit.org, the Escambia/Santa Rosa Bar Association’s website www.esrba.com or by calling Court Administration at (850) 595-4400.
PENSACOLA SYMPHONY ORCHESTRA 2014 | 2015 CONCERTSEASON
CALL NOw fOR SEASON TiCkETS! 850.435.2533www.pENSACOlASymphONy.COm
Artists And repertoire subject to chAnge. All concerts performed At the sAenger theAtre.
OpENING NiGHT!October 4, 2014 | 8pm Glenn Dicterow, violin
Featuring selections fromMozart, Beethoven,Barber, and Ravel
ClARINET BEL CANTONovember 8, 2014 | 8pmAnthony McGill, clarinet
Featuring selections fromRossini, Donizetti,Copland, andSchumann
BEEThOVEN &BLUE JEANSJanuary 10, 2015 | 8pmJoseph Alessi, trombone
Featuring selections from
Beethoven, Pärt, Rota,Bernstein, and Ives
DON QUiXOTEmarch 7, 2015 | 8pm Scott kluksdahl, cello
Featuringselections fromStrauss andMendelssohn
RUSSIAN SPECTACULARmarch 28, 2015 | 8pmilya Yakushev, pianoFeaturing selections fromRimsky-Korsakov,Prokofiev, and Tchaikovsky
OptiOnal cOncert ORGAN SYMPHONYApril 25, 2015 | 8pmkenneth fuchs, composer
Featuring selections fromRespighi, Fuchs, and Saint-Saëns
CELEBRATE THE NEW YEAR!December 31, 2014 | 7pm
Lindsay Deutsch, violin
“One of the most interesting, imaginative, and downright thrilling young violinists in America today.”
—J. kahane, Los Angeles Chamber Orchestra
SOUNDS OF NEw ORlEANS:
February 14, 2015 | 8pm
ByRON STRIplING IN
A TRIBUTE TO LOUIS ARMSTRONG
“Mr. Stripling is a powerful trumpeter, at ease withthe most complicated and detailed bebop lines and an
open-armed Armstrong swagger.” —New York Times
28 The Summation www.esrba.com September 2014
Photos2014 Installation Banquet
2014 Frydrychowicz Investiture
28 The Summation www.esrba.com September 2014
September 2014 www.esrba.com The Summation 29
Photos by Steven Stopler
On July 5 I took my grandson Will to the airport. Will likes
airplanes and I had heard that there were going to be some vintage
planes there that day. What I found was much more. Pensacola
lawyer Roy Kinsey had organized flights for a number of WWII
veterans in restored Stearman aircraft, the same model in which these
veterans had been trained.
Roy owns one of the planes and had three of his friends bring in
their planes for the event. Roy has organized a similar event for the
last several years to coincide with the Blues air show.
Two things struck me: First, the veterans who got to fly again
were extremely grateful. It was a moving experience for each one of
them as they were helped into the planes and went flying. Secondly,
Roy honored these men out of his own pocket and without any
expectation of recognition for himself.
HIGH-FLYING VETS
September 2014 www.esrba.com The Summation 29
By J. Nixon Daniel III
30 The Summation www.esrba.com September 2014
News from the Clerk
Previously, we described the many duties of the Clerk of Circuit Court & Comptroller’s office to provide readers with a scope of that work along with the hard data of how many filings, cases, payroll checks, and other information we process each day or week. Now let us explain the processing of pleadings filed with our court divisions to answer the question, “Why isn’t my pleading in the court file?”
For those of you who have attended one of our e-filing seminars over the past 18 months, you likely remember the analogy comparing the act of e-filing a document through the e-portal with placing an order online. When buying online, we all know that once we click on “buy” that, while we might receive an email almost immediately thanking us for our order, we should not run to our front door looking for a package. The placing of the order online does not simultaneously produce the purchased item at our doorstep. We know that the online company must process the purchase -- remove the items off the shelves, prepare the invoice, package the purchase, and ship the purchase to the customer. We also know that if we are buying online during a busy shopping season, then our purchase is one among hundreds or thousands being received and processed. The busier the shopping season, the longer the processing may take.
Filing through the e-portal with the Clerk’s office is similar to shopping online. The attorney or his/her staff clicks on “submit” and the pleading(s) is submitted through the e-portal. The attorney receives an email from the e-portal almost instantaneously that announces “filing received.”
Our court divisions have two queues from which they will receive and process e-filed pleadings. The first queue is the acceptance queue within the e-portal itself. In this queue, our personnel quickly review the pleading to see if the party names and case number match with the names and case number under which the pleading was filed, it is filed in the right county, motions and orders are filed separately, and the quality of the document is sufficient. If problems are noticed during this cursory review, the filing will be moved to the pending queue and the attorney will be notified. If no problems are noted, the pleading is accepted and electronically sent to the Clerk’s case maintenance system where it is placed in a second queue.
The second queue consists of pleadings that are waiting for processing and docketing. For example, a typical complaint filed in Circuit Civil involves docketing the complaint and civil cover sheet, preparation of all summons that must be issued to the plaintiff’s attorney, docketing the filing fees and any other fees, and docketing party information and the contact information for the attorneys, including the email addresses used by each attorney on a case. At this point in the processing of the e-filed pleadings, the Clerk prints and files a hard copy of the pleading in the case file.
The number of pleadings that are pending in the queues will affect how quickly the Clerk’s office is able to process and docket a pleading. The advent of e-filing has been a beneficial change for the legal community, allowing attorneys to e-file pleadings at all hours. However, the Clerk’s office is not open 24 hours a day, 7 days a week in order to process pleadings filed overnight, on weekends, and during holidays. Thus our personnel may docket all pleadings in the e-portal and processing queues on a Friday, then arrive on Monday morning to find awaiting them literally hundreds of pleadings filed over the weekend in the e-portal queue. A pleading that is e-filed during non-business hours will not be processed until the next business day at the earliest.
Finally, Clerk’s offices across the state process filings under standards established by the Florida Court Clerks and Comptrollers association. Those standards vary depending on the type of case being filed on and range from two to four days to process and docket a pleading after it is filed. We recommend that attorneys allow for three full business days for processing and docketing of a newly filed pleading. If a pleading is filed within three days of a court event, then the attorney should plan on bringing a copy of the pleading to court to provide the judge in case the pleading is not yet in the court file.
We hope this information provides attorneys and their staff a better understanding of what takes place behind the scenes after they e-file their pleadings.
Submitted by Susan Woolf on behalf of Pam Childers, Escambia County
Clerk of Circuit Court & Comptroller.
By PAM CHILDERS
THE E-PORTAL OPERATESLIKE AMAZON
September 2014 www.esrba.com The Summation 31
CalendarClassifiedsSeptember 18
September Bar meeting (Noon – 1:00 pm)Social
Portabello Market
September 26Professionalism Symposium (1:00 – 4:30 pm)
Days Inn & Suites Conference Center8700 Navarre Parkway, Navarre
October 10Intellectual Property Law for Business Lawyers
Seminar(9:00 am – Noon) Multi Media Room
M.C. Blanchard Judicial Building
October 16October Bar Meeting (5:30 – 7:30 pm)
Co-hosted by LSNF & NWFLSPro Bono Service Award Recognition
Special Guest Benjamin CrumpHeritage Hall
October 24Escambia & Santa Rosa VA Stand Down
VA Joint Ambulatory Care Center790 Veterans Way, Pensacola
November 20November Bar Meeting (Noon – 1:00 pm)
Cam Lowell “Soldiers Angels Initiative”Portabello Market
November 21Nuts & Bolts of Personal Injury Seminar
(8:30 am – 12:30 p.m.) Jury Assembly RoomM.C. Blanchard Judicial Building
December 11Holiday Party (5:30 – 7:30 pm)Gulf Coast Community Bank
40 N. Palafox Street, Pensacola
Photocopiers For Sale In PensacolaClosed law office has the following equipment for sale in good condition and under maintenance contract while in service:2006 AR-M355N Sharp copier, with finisher, stand, toner and copy count machine, 668,822 copies on machine - $2,000.00 OBO2010 MX-M363N Sharp copier, with color scanning, faxing, finisher, data security kit, stand, software for networking, toner, and copy count machine, 176,883 copies on machine - $4,500.00 OBOCall 850-939-1267 for details
Downtown offices for rent; Corner of Palafox & Intendencia, 7,821 sq. ft. building, (can be divided into smaller offices), private offices with balconies; 2 conference rooms (large conference room with video conferencing), Reception area, full kitchen/break room, 6 private & 3 shared parking spots behind building, Negotiable rate. Call Joe Endry 435-5300.
109 N. Palafox St.We have professional conference rooms available for use by the hour. Meet your clients in a convenient and suitable place and avoid all of the additional overhead which traditional office space requires. You can work at home. Meet your clients In a safe and secure and professional setting. Visit our website or come by and check out the space. 850-434-8904 -- www.pensacolalegaladvisor.com
OFFICE SPACE FOR LEASEDowntown law office at 103 North Devilliers Street. Solo practitioner looking for another to share expenses. Space includes office, conference room, common reception, break room, restroom, copy machine, fax, private parking and utilities. Call Rob at 432-5111.
32 The Summation www.esrba.com September 2014
We want to help you increase your
satisfaction in your Family law practice.
Relax...We will help you to settle
your case.
Gregory P. FarrarAttorney/Mediator
Farrar Law Firm and Mediation Group
“WE ARE THE PEACE PEOPLE”
109 North Palafox StreetPensacola, FL 32502
Telephone: (850) 434-8904 Fax: (850) 434-8922
Experienced family law attorney/mediator
Innovative solutionsFlexible schedulingCompetitive rates
Beautifully furnished, inviting and comfortable environment
Member Name Contact No. Firm Name Email Status Cert./Reg Specialty
Banks, Jessica P (850) 473-2260 Luther, Collier, Hodges, Cash [email protected] ACTIVE CP Insurance Defense
Baswell, Sharon (850) 202-1010 Aylstock, Witkin, Kreis, & Overholtz [email protected] ACTIVE FRP Litigation/PI
Beckstrom, Rose (850) 424-2800 Winter, Spires & Associates, P.A. [email protected] REMOTE FRP Family
Boatwright, Jason (850) 434-8135 Escambia/Santa Rosa Bar [email protected]
Brackett, Lydia (850) 433-6581 Emmanuel, Sheppard & Condon [email protected] ACTIVE FRP/ACP Probate/Corporate Bright, David (850) 433-6851 Emmanuel, Sheppard & Condon [email protected] SUSTAINING FRP Real Estate
Buckley, Debbie M (850) 434-7694 Edmund W. Holt, Esq. [email protected] ACTIVE FRP Probate, RE
Charles, Charisse A. (850) 435-7087 Levin, Papantonio, et al [email protected] ACTIVE FRP Mass Torts
Chunn, Shelley (850) 432-9759 Stephen M. Guttmann [email protected] ACTIVE FRP l
Coleman, Dolores D. (850) 215-7777 x3541Perry & Young [email protected] REMOTE FRP Personal Injury
Cotton, Kathy (850) 444-3909 Emmanuel, Sheppard & Condon [email protected] SUSTAINING FRP/CP Personal Injury
Crumbley, Tiffany A. (850) 434-2200 Matthews & Higgins, LLC [email protected] ACTIVE CP/CLA Litigation
Davis, Sherry L (850) 344-0126 Children's Legal Services [email protected] REMOTE FRP Child Abuse
Dunlap, Lisa A. (850) 208-7061 Clark, Partington, Hart [email protected] ACTIVE FRP Commercial Lit.
Ferrell, Nicole (850) 433-6581 Emmanuel, Sheppard & Condon [email protected] SUSTAINING Personal Injury
Foote, Rita E (850) 837-5507 Ward & Ketchersid, P.A. [email protected] REMOTE FRP Probate/RE. . .
Gaherty, Stephanie M. (850) 208-7060 Clark, Partington, Hart [email protected] ACTIVE FRP Commercial Lit.
Haley, Lisa (850) 435-7151 Levin Papatonio [email protected] ACTIVE FRP Pharmceutical Lit
Hardy, Rebecca S. (850) 444-3860 Emmanuel, Sheppard & Condon [email protected] ACTIVE FRP Complex Litigation
Harrell, Susan W. (850) 474-2344 University of West Florida [email protected] ASSOCIATE
Hebert, Heidi (850) 433-6581 Emmanuel, Sheppard & Condon [email protected] SUSTAINING Social Security
Helmig, Denise G. (850) 435-7115 Levin, Papantonio [email protected] ACTIVE FRP Workers Comp.
Hernandez, Cindy (850) 609-1433 Copus & Copus, P.A. [email protected] REMOTE FRP ?
Hill, Kristine M. (850) 595-4977 Escambia County Attorney’s Office [email protected] ACTIVE FRP/CP/ACP Research
Jarrett, Sylvia (850) 435-7033 Levin Papatonio [email protected] ACTIVE CP PI/Med Mal
Jacobs, Gregory A. (850) 434-3333 Terence A. Gross [email protected] ACTIVE Personal Injury
Johnson, Deborah Kay (850) 435-7036 Levin, Papantonio [email protected] ACTIVE FRP/CLA Personal Injury
Johnson, Rekisha L. 81 906638 1038 US Marine Corps. [email protected] REMOTE UCF Degree ?
Jones, Jenice (850) 466-3255 Coastal Association Law Group, P.L. [email protected] ACTIVE FRP/CP Community Assocations
Jones, Latisha (850) 435-7180 Levin, Papantonio [email protected] SUSTAINING Paralegal Degree Personal Injury
Kaiser, Cathy (850) 433-6581 Emmanuel, Sheppard & Condon [email protected] ACTIVE FRP Social Security
Kichler, Brandi (850) 435-7076 Levin, Papantonio [email protected] SUSTAINING Paralegal Degree ?
Kimmel, Robert (850) 438-7501 Law Offices of Kimmel & Batson [email protected] PATRON
Klevene, Kym (850) 444-4000 USAO NDFL Pensacola Division [email protected] ACTIVE FRP/CLA Criminal Prosecution
Lambert, Alisha (850) 549-6808 ? [email protected] SUSTAINING UWF Degree ?
Larson, Michael (850) 470-9779 ProLegal Copies [email protected]
Leggett, Julie (850) 433-6581 Emmanuel, Sheppard & Condon [email protected] ACTIVE FRP Construction Defect
Leguillow, Sean M. (212) 541-1280 Bryan Cave, LLP (NY, NY) [email protected] REMOTE FRP Trusts & Estates
Lemon, Wanda (850) 650-3304 Clark, Partington, Hart et. al. [email protected] REMOTE FRP/CP Commercial Lit.
Loveland, Kelly S. (850) 438-1111 Wilson, Harrell, Farrington et. al [email protected] ACTIVE FRP Insurance Defense
Makla, Mary "Candace" (850) 208-7075 Clark, Partington, Hart, et al. [email protected] ACTIVE BS Commercial Lit.
Manley, Teena Marie (850)208-7066 Clark, Partington, Hart, et al. [email protected] ACTIVE FRP Litigation
Martinez-Jones, Dana (813) 938-6080 Dante M. Skourellos, PA [email protected] REMOTE ACP Nursing Home Defense
McCaul, Sharon (850) 438-4848 Michles & Booth, P.A. [email protected] ACTIVE FRP PI
McCrory, Kimberly (850) 438-4848 Michles & Booth, P.A. [email protected] ACTIVE FRP PI/Litigation
McDaniel, Katrina (850) 202-1010 Aylstock, Witkin, Kreis et al [email protected] ACTIVE FRP Personal Injury
Mellette, Sharon (850) 434-6581 Emmanuel, Sheppard & Condon [email protected] ACTIVE Litigation
Mertins, Michelle (850) 435-7192 Levin, Papantonio [email protected] ACTIVE FRP Personal Injury
Milam, Gina L. (850) 438-1111 Wilson, Harrell, Farrington, Ford et al [email protected] ACTIVE FRP Insurance Defense
Miller, Elizabeth (850) 474-1030 Taylor & VanMatre, P.A. [email protected] ACTIVE FRP/CLA Probate/RE. . .
Miller, Marlann E. (850) 208-7017 Clark, Partington, Hart, et al. [email protected] ACTIVE FRP RE
Millsap, Allee SCHOLARSHIP WINNER STUDENT
Mokrenko, Vlad (850) 889-3165 SCHOLARSHIP WINNER [email protected] STUDENT
Morton, Brenda (850) 469-3327 Beggs & Lane, RLLC [email protected] SUSTAINING ACP; FRP Labor & Employment
Munoz, Nancy I. (850) 444-3815 Emmanuel, Sheppard & Condon [email protected] ACTIVE PI
Nall, Jeanette E. (850) 435-7173 Levin Papatonio [email protected] ACTIVE Paralegal Degree Mass Torts
Noack, Patricia "Lynne" (850) 444-3810 Emmanuel, Sheppard & Condon [email protected] ACTIVE FRP Com, Lit/Real Property
Novak, Frances H. (850) 691-9944 Chesser & Barr, P.A. [email protected] REMOTE FRP Personal Injury
Osborn, Aurora (850) 434-2411 Shell, Fleming, Davis & Menge, P.A. [email protected] ACTIVE CP Civil Litigation
Parker, Tracey (850) 682-2757 Powell, Powell & Powell P.A. [email protected] ACTIVE AA Personal Injury
Pate, Tina (850) 438-1111 Wilson, Harrell, Farrington et al. [email protected] ACTIVE Paralegal Degree Civil Litigation
Peterson, Caroline A. (850) 435-7114 Levin, Papantonio [email protected] ACTIVE FRP Med. Mal
Pinette, Judith A. (850) 434-3541 Moore, Hill & Westmoreland, P.A. [email protected] ACTIVE FRP/CLA RE; Probate
Poff, Brianna (850) 435-7078 Levin, Papantonio [email protected] ACTIVE FRP/CLA Litigation
Ransom, E. Nicole (850) 433-6581 Emmanuel, Sheppard & Condon [email protected] SUSTAINING CP/CLA Construction Law
Riddle, Adam (850) 983-0725 James F. Turner, Jr. [email protected] ACTIVE FSU Degree ?
Riesau, Juelee E. (850) 434-2411 Shell, Fleming, Davis & Menge, P.A. [email protected] ACTIVE Civil Litigation
Ritchie, Justin (850) 435-7197 Levin, Papantonio [email protected] SUSTAINING ? Mass Torts
Rose, Carolyn (850) 473-2260 Luther, Collier, Hodges, Cash [email protected] ACTIVE Paralegal Degree PI/Construction
Rutherford, Wilma (877) 810-4808 Aylstock, Witkin [email protected] ACTIVE UWF Degree ?
Schuetrum, Jennifer L. (850) 208-7058 Clark, Partington, Hart et. al. [email protected] ACTIVE BS Civil Litigation
Scott, Cathaleen Cato (850) 424-3901 Michael L. Weimorts, P.A. [email protected] ACTIVE Paralegal Degree Personal Injury/Family
Smith, Barbara A. (850) 438-4848 Michles & Booth, P.A. [email protected] ACTIVE FRP/CP Medical Malpractice
Swift, April L. (850) 434-2411 Shell, Fleming, Davis & Menge, P.A. [email protected] ACTIVE FRP Probate/Corporate
Thompson, Glenda L. (850) 937-9076 Liberis Law Firm, P.A. [email protected] ACTIVE Paralegal Degree Litigation
Turman, Holly N. (850) 208-7016 Clark, Partington, Hart, et. al. [email protected] ACTIVE AS Paralegal Litigation
Vino, Regina (850) 444-0141 Christopher M. Vlachos, Esq. [email protected] ACTIVE FRP PI Litigation
Watson, Lisa A. (850) 208-7046 Clark, Partington, Hart, et al [email protected] ACTIVE Paralegal Degree Corporate Law
Wilkerson, Denise (850) 208-7015 Clark, Partington, Hart, et al. [email protected] ACTIVE FRP Construction
Woodcock, Sarah (850) 797-3227 ? [email protected] REMOTE Kaplan Degree ?
Yefremov, Heidi (850 434-7694 Edmund W. Holt, Esq. [email protected] ACTIVE Paralegal Degree Litigation, Estate Planning
