SERVING THE CITIZENS AND LEGAL COMMUNITY OF BROWARD COUNTY SINCE

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1 B R O W A R D C O U N T Y B A R A S S O C I A T I O N September 2014 SERVING THE CITIZENS AND LEGAL COMMUNITY OF BROWARD COUNTY SINCE 1925 Inside this Issue: Lessons Learned in 7,000 Mediations - Page 9 Constitution Day Celebration - Page 11 Mortgage Services Reform - Page 13 SERVING THE CITIZENS AND LEGAL COMMUNITY OF BROWARD COUNTY SINCE 1925 Broward County Bar Association Barrister

2 Broward County Bar Association Recognizes 100% Membership Club **For firms with 5 attorneys or more** Abramowitz, Pomerantz, & Morehead, P.A. Berman, Kean & Riguera, P.A. Billing, Cochran, Lyles, Mauro & Ramsey, P.A. Brinkley Morgan Broad & Cassel Bunnell & Woulfe, P.A. Buchanan Ingersoll & Rooney PC - Fowler White Boggs Catri, Holton, Kessler & Kessler P.A. Chimpoulis, Hunter & Lynn, P.A. Cole, Scott, and Kissane Colodny, Fass, Talenfeld, Karlinsky, Abate & Webb Cooney Trybus Kwavnick Peets, PLC Doumar,Allsworth,Laystrom, Voigt, Wachs, Adair, & Bosack, LLP Fazio, DiSalvo, Cannon, Abers, Podrecca, Fazio & Carroll Ferencik, Libanoff, Brandt, Bustamante, & Goldstein, P.A. Fowler, White, Burnett, P.A. Gladstone & Weissman, P.A. Goldstein Law Group Gray Robinson, P.A. Green, Murphy & Murphy, P.A. Haliczer, Pettis & Schwamm, P.A. Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. Keller Landsberg Kelley Uustal Kim Vaughan Lerner LLP Kirschbaum, Birnbaum, Lippman & Gregoire, PLLC Law Firm of Gary M. Singer, P.A. Law Offices of Sheldon J. Schlesinger, P.A. MacLean & Ema May, Meacham & Davell, P.A. McIntosh, Sawran & Cartaya, P.A. Panza, Maurer, & Maynard, P.A. Phillips Cantor Shalek & Rubin, P.A. Rogers, Morris & Ziegler, LLP Walton, Lantaff, Schroeder & Carson, LLP Wicker, Smith, O Hara, McCoy and Ford, P.A. 2 September 2014 Broward County Bar Association Barrister

3 United We Stand... For the Accused All Courts, All Charges, All Day Long Over 100 Combined Years Experience Attorney John Musca Selected 'Super Lawyer' '12 15 Year Veteran Defense Attorney Attorney Marquin Rinard Death Qualified to Handle Capital Cases 30 Year Veteran Defense Attorney MUSCA LAW S. ANDREWS AVE. SUITE 1 FT LAUDERDALE, FL 33301

4 PUBLISHER Broward County Bar Association PUBLICATIONS & PUBLICITY COMMITTEE Edwina V. Kessler, Co-chairperson Kimberly Gessner, Co-chairperson Karlyn Sweetman, Editor Chris Traina, Editor EXECUTIVE EDITOR Braulio N. Rosa LAYOUT AND PRINTING Park Row Printing MANAGING EDITOR Bonnie H. Ross CONTRIBUTING WRITERS Alvin Capp Richard Corey Jennifer T. Harley Nancy Little Hoffman Beatrisa Berlovan-Martinez Chris Traina BILLING INQUIRIES Ext. 204 The Barrister is published monthly by the Broward County Bar Association. All editorial, advertising and photos may be submitted for consideration through to We reserve the right to reject any ad for any reason. We make every effort to ensure the accuracy of the information published, but cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the BCBA or the Barrister Letter from the President John G. Jordan Young Lawyers Section Letter from the President Liza Smoker Faw Lessons Learned in 7,000 Mediations Alvin Capp 13 Mortgage Services Reform Jennifer T. Harley 17 Recent Developments in The Law Nancy Little Hoffman 18 Legal Health Corner Chris Traina 20 Calendar of Events inside this issue SEPTEMBER 2014 B R O W A R D C O U N T Y B A R A S S O C I A T I O N ON THE COVER: Constitution Day Celebration: (left to right front) Event Chairpersons Jamie Finizio Bascombe and Juliet Roulhac; (left to right back) NSU President, Dr. George Hanbury and BCBA President, John Jordan. Inside this Issue: Lessons Learned in 7,000 Mediations - Page 9 Constitution Day Celebration - Page 11 Mortgage Services Reform - Page 13 BROWARD SERVING COUNTY THE CITIZENS BAR ASSOCIATION AND BARRISTER LEGAL COMMUNITY OF BROWARD COUNTY SINCE September 2014 Broward County Bar Association Barrister

5 BCBA Officers John G. Jordan - President Robin Moselle - President Elect Charles A. Morehead, III - Treasurer Thomas D. Oates - Secretary Alan Fishman - Past President BOARD OF DIRECTORS NORTHEAST Michael Kean M. Ross Schulmister Jerome R. Siegel NORTHWEST Gary Landau WEST Donald E. Fucik Gary M. Singer Russell M. Thompson CENTRAL William R. Clayton Michael A. Fischler Jeffrey Harris Jose Izquierdo Edwina V. Kessler Jay Kim Michael Leader SOUTHEAST Anita Paoli Jeffrey Solomon Laura Varela JUDICIAL REPRESENTATIVE The Honorable Martin J. Bidwill EXECUTIVE DIRECTOR Braulio N. Rosa letter from the president We the People Our forefathers fought a costly and difficult revolutionary war with their parent country, Great Britain. This new nation needed to define its existence for its people and define its position in the world. The Articles of Confederation was drafted by the Second Continental Congress in 1777 and was officially ratified by the original 13 states on March 1, At that time, the states powers were much stronger than the federal government s powers. On September 17, 1787, the farmers, John G. Jordan carpenters, shop owners, lawyers and other citizens who were elected to represent their districts signed the Constitution of the United States. They hoped this union would be more perfect. The high quality of delegates to the Constitutional Convention was noted by Thomas Jefferson in Paris, who wrote to John Adams in London, It really is an assembly of demigods. There was much debate between the Federalists and the Anti-Federalists. The Constitution was ratified by all 13 states by Constitution Day is September 17. This year, the Broward County Bar Association (BCBA), in conjunction with Nova Southeastern University and sponsors like Florida Power and Light, will host a celebration of this important document. Forty-four people from Broward County have been chosen from various walks of life, including judges, lawyers, students and others, to read the entire Constitution. You can join them on Wednesday, September 17, 2014 at 5:30 p.m., at The Pier Top of Hyatt Pier 66 Resort. Cocktails and hors d oeuvres will be served. The award-winning Dillard High School Choir will also be singing patriotic songs intermittently. For more details, visit This is the time of the year when students are going back to school, fans are cheering for their football team, and summer vacations are drawing to an end. At the BCBA, events are being planned, seminars are being scheduled, and articles for the Barrister are being submitted. The BCBA is an association formed by attorneys for its member attorneys. The officers, directors and chairpersons volunteer their time and their talents to make this Association strong and relevant. The BCBA is one of the largest voluntary bar associations in Florida and is growing. If you want to get more involved in the BCBA, now is the time. The contact information for the section chairpersons, committee chairpersons, officers, directors and staff can be found at We would love to have you grow with us. Broward County Bar Association Barrister September

6 Where in the World is the Barrister?!? Broward County Bar Association & Florida Lawyers Mutual Insurance Company present Southeast Florida Legal Malpractice Summit OCTOBER 10, :30 A.M. - 4 P.M. 110 Tower: 110 SE 6th Street, 7th Floor, Fort Lauderdale CLE: 6 Hours Including Ethics & Professionalism (applied for) COST: $100 BCBA Members $125 non-bcba members What To Do If You Have An Oh, no!! Moment: Overview of Legal Malpractice Claims and Professional Liability Insurance M. Benjamin Murphey, Esq. Deborah P. FitzGerald, Esq. Technology Preventing Malpractice Charles A. Morehead, III, Esq. Case Law Update Stephanie Michel, Esq. Kelly Vogt, Esq. Cherine Smith Valbrun, Esq. We want to see you in the next Barrister publication! a hi-res picture of yourself with a Barrister when on vacation or business trip to ads@browardbar.org. YOUR MARKETS MAY BE GLOBAL BUT YOUR LEGAL ISSUES ARE LOCAL With expertise encompassing advocacy, business law and regulatory matters, Squire Patton Boggs lawyers have the skills and in-depth industry knowledge to provide the full range of legal counsel needed to implement your strategy in South Florida, across the country and around the world. Professionalism A View from the Appellate Bench (Lunch) The Honorable Alan Forst, Fourth District Court of Appeal Avoiding Ethical and Malpractice Risks in the Courtroom Moderator: D. David Keller, Esq. Panelists: The Honorable William P. Dimitrouleas, Southern District of Florida The Honorable Jeffrey Streitfeld, 17th Judicial Circuit The Honorable Alfred J. Horowitz, 17th Judicial Circuit The ABC s of Bar Grievances Moderator: Bruce Weihe, Esq. Panelists: Alan Pascal, Esq., Bar Counsel Kevin P. Tynan, Esq. Limited Space Available! For Information or to Register events@browardbar.org E lyn Bryan, CFDE,BAI Global influence through local connections 44 Offices in 21 Countries squirepattonboggs.com Certified Court Qualified Forensic Handwriting Expert & Document Examiner Certified Forensic Detective & Board Accredited Investigator: Full Service Agency South County and Broward County Bar Association Member Founder & President of the Scientific Association of Forensic Examiners BocaForensic@aol.com 6 September 2014 Broward County Bar Association Barrister

7 BCBA Young Lawyers Section OFFICERS Liza Smoker Faw - President Tobi B. Lebowitz - President Elect Jeffrey M. Wank - Treasurer Kelly M. Vogt - Secretary Marissa Pullano - Past President BOARD OF DIRECTORS Jamie D. Alman Lauren M. Alperstein Todd L. Baker Renita F. Henry Lindsay Massillon Brent Reitman Eric S. Rosen Sara M. Sandler Anthony H. Quackenbush Cherine Smith Valbrun Drew Vogt Stacy R. Weissman JUDICIAL REPRESENTATIVES The Honorable Robert Diaz The Honorable Stacy Ross letter from the young lawyers president If you are a Young Lawyer, now is a great time to get involved! The year is well under way, and the Young Lawyers Section of the Broward County Bar Association ( YLS ) has many events lined up to help make our attorneys even better. One of the unique aspects of YLS is the opportunity for our members to interact with and learn from our Broward County Judges. Our Judges mentor Young Lawyers in a variety of ways throughout the year, such as: Judicial Panels: We just concluded our first judicial panel luncheon of the year on the topic of Best Practices for Attorneys. We would like to thank Judge John Bowman, Judge Robert Diaz, Judge Mily Liza Smoker Faw Rodriguez-Powell, and Judge Stacy Ross for taking the time to provide our Young Lawyers with valuable insight on attorneys best practices. Quarterly Breakfasts with the Judiciary: These breakfasts are a wonderful opportunity for Young Lawyers and our Judges to discuss the practice of law in a more casual setting. Our first Breakfast with the Broward County Judiciary is on Friday, September 12, at 8:15 a.m. in the Broward County Courthouse Law Library, and includes a hot breakfast catered by TooJay s Gourmet Deli. Please RSVP online, as this is an event you will not want to miss. Judicial Liaisons: YLS extends a special thank you to our Judicial Liaisons this year, Judge Robert Diaz and Judge Stacy Ross. We greatly appreciate your commitment to our Young Lawyers. Lastly, please mark your calendars for the following upcoming events, details of which can be found on our online calendar: September 12: Our first quarterly Breakfast with the Judiciary as described above. Walter G. Skip Campbell Lorna E. Brown-Burton Jay Cohen Adam Glenn Rabinowitz Diana Santa Maria September 18: This month s luncheon is on the topic of Avoiding Ethical Pitfalls When Using Social Media and Blogs to Promote Your Practice by our speaker Ethan J. Wall, Esq. The event will take place at the Tower Club in Downtown Fort Lauderdale at noon. CLE approval is pending. Please RSVP in advance for discounted tickets. October 18: One of our signature events is the upcoming 27th Annual Charity Golf Tournament. Spots are filling up quickly for this year s tournament, which will be held at the Jacaranda Golf Club. We are proud to announce that our charitable beneficiary will be ARC Broward. There will also be a Tee-Off Happy Hour for the Tournament at Grille 401 on Wednesday,October 15, at 5:30 p.m. If you are interested in participating or custom sponsorship opportunities, please contact Jeffrey Wank at jwank@cftlaw.com, or visit the website: Lastly, a big thank you to all our members who volunteered for a YLS committee! There is still time to join one if you have not already. If you are interested in joining a committee, partnering with YLS on an event, or have any questions, please feel free to contact me at Rogers, Morris & Ziegler LLP at (954) or LFaw@rmzlaw.com. Broward County Bar Association Barrister September

8 Broward County Bar Association & Broward County Hispanic Bar Association present Hispanics in the Law Reception OCTOBER 2, :30 P.M. - 8:30 P.M. Broward County Bar Association 1051 SE Third Avenue, Fort Lauderdale $25 per person Register at All are Welcome to Enjoy A Night of Mojitos Music Food and Friendship Master Cuban Cigar Roller will hand make premium cigars on the patio for your enjoyment! 8 September 2014 Broward County Bar Association Barrister

9 LESSONS LEARNED IN 7,000 MEDIATIONS By Alvin Capp As mediator in more than 7,000 mediations, I m often asked what the key lessons are that every lawyer should keep in mind when representing clients in mediation. Here are five keys to a successful mediation. UTILIZE THE MEDIATOR: An effective mediator will assist you in evaluating the case, testing your assumptions regarding the strengths and weaknesses of your case, raising issues that may not have been considered, and assisting in framing settlement proposals. Settlement terms are limited only by the imagination of the participants and are greater than the remedies available at trial. Provide a summary before mediation so that the mediator has a frame of reference in which to commence and conduct the mediation. If you use your mediator primarily to carry messages to and from the opposing party, the mediator is woefully overpaid and under-utilized. IT S NOT WHAT YOU NEED: What your client needs in order to settle the case isn t the critical issue. The critical issue is, What is the probability that at trial your client will get what he needs? And, Is your client, not you, prepared to pay the cost and take the risk of not getting it? Remember that this cost includes the non-monetary emotional capital required of your client, his family, and others. IT ISN T ABOUT OPPOSING COUNSEL: Whether you get along with opposing counsel, the facts of your case and the pertinent law remain the same. The settlement value of your case is neither increased nor decreased because opposing counsel is unprofessional, discourteous, and uncooperative. THE MOST PATIENT PARTY WINS: It s true. Not everyone negotiates in the manner, style or at the pace you desire. Your opponent may be a more or less skillful negotiator than you. A perceived absurd demand or offer will usually engender an equally absurd response. Often neither party wants to be the first to make a reasonable offer. That s OK. Often, your client, their client, or both clients, have unreasonable expectations about the mediation process, the trial process, and the strengths, weaknesses, and risks of their case. One or more clients may be new to mediation and may require more time and effort to work through the process. Each caucus with the mediator is an opportunity to address these issues and move the parties closer to settlement. Don t end the mediation until it is clear that all sides have made their final settlement offer, and you determine whether it is acceptable. Final offers and bottom lines are moving targets. THE REAL MEDIATION BEGINS AT IMPASSE: The final offer or demand often [usually?] isn t final. Until someone says, impasse it!, you and the mediator have only kept the ball in play. Now it s time to really go to work! Don t forget, not everyone comes to mediation to settle their case. Mediation is also a source of discovery. If little formal discovery has taken place, mediation also provides an opportunity to view and test the opposing party. If settlement can t be achieved in one session, adjourn and reconvene at a later date. Mediation, after all, isn t an event; it s a process. Alvin Capp, Martindale- Hubbell Preeminent rated for over 30 years, limits his practice to mediation, arbitration, and other forms of ADR with Upchurch Watson White and Max Mediation Group. Mr. Capp is a Life member of the BCBA, past chair of the ADR section of the Association, and former president of the Association of Broward County Mediators and Arbitrators. He can be reached at acapp@ uww-adr.com or Broward County Bar Association Barrister September

10 D. David Keller Best Lawyers in America - Legal Malpractice Defended more than 400 legal malpractice claims Approved counsel for major legal malpractice insurers AV rated - Martindale-Hubbell Florida Super Lawyers Top Lawyer - South Florida Legal Guide Past President, ABOTA, Fort Lauderdale Federation of Defense and Corporate Counsel Legal Malpractice and Professional Liability Defense Law Firm Counseling and Risk Management Commercial Litigation Insurance Coverage Mediations Keller Landsberg PA Broward Financial Centre, 500 E. Broward Boulevard, Suite 1400 Fort Lauderdale, FL P: F: Proud Annual Sponsors of the Broward County Bar Association Alan L. Landsberg Best Lawyers in America Defense Personal Injury Litigation Board Certified Civil Trial Lawyer Certified Circuit Civil Mediator ABOTA Member Former Managing Attorney, Hartford Insurance Co. Florida Bar Professional Ethics Committee D. David Keller Alan L. Landsberg Wendy J. Stein Raymond L Robin James E. Mitchell Ana Laura Olman Dena B. Sacharow Emily G. Romano Stephanie M. Michel Yelena Shneyderman Maria N. Vernace, Of Counsel 10 September 2014 Broward County Bar Association Barrister

11 Constitution Day Celebration Event On Wednesday, September 17, the Broward County Bar Association welcomes you to join in the celebration of Constitution Day. The United States Constitution is the world s longest surviving written charter of government. Originally signed by our forefathers on September 17, 1787, this great symbol of liberty and inspiration has survived for over two hundred years, helping our country overcome civil war, world war, presidential assassinations, racial inequality, economic depression and even terrorist attacks. Acknowledging its first three words, We the People, our framework of checks and balances continues to safeguard the interests of both our citizens and elected officials as well as the ideology of life, liberty and the pursuit of happiness. Constitution Day serves as a reminder that the United States of America is, and always will be, a land of opportunity, bravery, and freedom. In collaboration with Nova Southeastern University and Florida Power & Light, the event will take place from 5:30 to 7:30 p.m. at the Pier Top of Hyatt Regency Sixty-Six, 2301 S.E. 17th Street, Fort Lauderdale, FL NSU President George Hanbury will serve as the special guest speaker who will provide a brief perspective on the development of the Constitution. Some of the esteemed readers include 17th Circuit Chief Judge, Peter Weinstein; U.S. Southern District Judge, William Dimitrouleas; BCBA President, John Jordan; Broward County Supervisor of Elections, Brenda Snipes; NSU Law School Dean, Jon Garon; 4th DCA Judge, Melanie May; Representative George Moraitis; Vietnam Veteran, Michael D. Stewart, Esq.; FPL External Affairs, Juliet Roulhac; and Jamie Finizio Bascombe, Esq. In addition, the award-winning Dillard High School Choir will perform some patriotic favorites as we partake in patriotic fellowship and celebrate this special day in our country s history. Cocktails & hors d oeuvres will be served. For more information or to register please contact events@browardbar.org or call (954) The cost is $25 per person. Thank you to our voluntary bar association sponsors: Broward County Women Lawyers Association and Broward Association of Criminal Defense Lawyers. Legal Aid Service of Broward County Coast to Coast Legal Aid of South Florida 13th Annual For the Public Good Legal Aid Service of Broward County Coast to Coast Legal Aid of South Florida PAT H T O J U S T I C E Legal Aid Service of Broward County Coast to Coast Legal Aid of South Florida HONOREES The Honorable Mel Grossman Russell E. Carlisle Advocacy Award Edith Lederberg Commitment to Justice Award Holland & Knight Law Firm of the Year Award Jay Kim, Esq. Attorney of the Year Award Bernard Appleman, Esq. Spirit of Justice Award Celebrating 40 years of Legal Aid Service of Broward County and 10 years of Coast to Coast Legal Aid of South Florida October 17, 2014 Hilton Fort Lauderdale Marina 1881 SE 17th Street Fort Lauderdale Reception and Silent Auction 5:30pm Dinner and Awards 7:00pm The Afterglow 8:30pm Purchase your ticket today at For more insight into sponsorship opportunities and how you can help us celebrate, please contact Dorian T. Lange, Director of Development at dlange@legalaid.org or Richard Corey, Esq., runs a general practice law firm in Fort Lauderdale concentrating primarily on criminal/civil litigation, entertainment, and business enterprise. He recently released his first book, The Blueprint, focusing on motivation through strategic planning and deductive logic. Richard is heavily involved in charity fundraising and motivational speaking. He can be reached at Richard@ rcenterpriselaw.com or by calling (954) Broward County Bar Association Barrister September

12 Richard Abramowitz, Howard L. Pomerantz and Charles A. Morehead III are pleased to announce the formation of ABRAMOWITZ, POMERANTZ & MOREHEAD, P.A. The firm continues to practice in the areas of Personal Injury, Professional Malpractice and Products Liability Litigation. RichaRd abramowitz howard L. PomeRantz charles a. morehead iii LyLe m. Koenig gena L. cohen 7800 West Oakland Park Boulevard Suite 101 Sunrise, Florida Broward (954) Miami-Dade (305) Facsimile (954) The Broward County Bar Association thanks its Annual Sponsors Alpine Jaguar Bob Coury Broad & Cassel Attorneys at Law CopyScan recordshred Ellsley Sobol Attorneys at Law The Eppy Group Fiske and Company Florida Lawyers Mutual Insurance Company Florida Power and Light Fowler White Burnett Keller Landsberg, PA Lexis Nexis Personnel Management Solutions, Inc. Sabadell Bank Upchurch Watson White & Max We re changing Florida s energy today to create a better tomorrow for all of us September 2014 Broward County Bar Association Barrister

13 Mortgage Services Reform Effective January 10, 2014, the Consumer Financial Protection Bureau issued several final rules amending regulations in the Real Estate Settlement Procedures Act that control mortgage servicing. These rules are codified in Regulation X, 12 C.F.R ( Rules ) and require, among other consumer protections, that mortgage servicers properly accept and review loss mitigation applications. All loss mitigation options are contemplated by the rules, including short sales, deeds in lieu and loan modifications. The new mandatory standards for the evaluation of loan modifications are particularly important to struggling borrowers who want to stay in their homes. Generally, the Rules effectively address dual tracking, or the practice of offering a loss mitigation option, such as a loan modification, while simultaneously foreclosing on the borrower s property. In effect, the Rules limit a servicer from engaging in a practice known as dual tracking, where the servicer continues to foreclose on a borrower s home while still considering the borrower s loss mitigation application. By: Jennifer T. Harley To begin, the Rules prohibit a servicer from initiating a foreclosure lawsuit until after the borrower is behind on payments for more than 120 days. The amount of protection under the Rules depends on whether the borrower s submitted application is complete. An application is considered complete when it contains all the information that the servicer requires from a borrower in evaluating applications for the loss mitigation options available to the borrower. If the servicer receives an application at least 45 days prior to a foreclosure sale, the servicer must promptly review the borrower s application and determine if it is complete. If the application is incomplete, the servicer must provide the borrower with written notice. The notice must detail the required additional documents and information and give the borrower a reasonable deadline to provide the information. If the servicer receives a complete loan modification application prior to the filing of a foreclosure lawsuit, the servicer must evaluate the borrower for all loss mitigation options available. Additionally, the servicer must send the borrower written notice detailing which loss mitigation options, if any, it will offer the borrower. In the event that the borrower is determined to be ineligible for any loss mitigation, the notice must detail the reasons for this determination. If a complete application is received after the foreclosure lawsuit has been filed, but more than 37 days prior to a foreclosure sale, the servicer may not pursue further legal action until after the application has been completely reviewed. If applicable, the servicer must provide written notice stating that the borrower is not eligible for any loss mitigation. Also, if a complete application is received at least 90 days prior to a sale date, the borrower can appeal the servicer s decision to deny the borrower s application. Ultimately, the servicer may proceed with legal action if the borrower rejects the loss mitigation offer or if the borrower breaches a loss mitigation agreement. Regulation X, 12 C.F.R , does not impose a duty on the servicer to provide the borrower with any specific loss mitigation option, and the borrower cannot use the regulations to enforce the terms of any agreement. Essentially, mortgage servicers must have policies and procedures to ensure that the loss mitigation process and loan modification options are in compliance with the Rules that were designed to provide protection to borrowers. Jennifer T. Harley is the managing attorney for the Consumer Unit at Legal Aid Service of Broward County, Inc. (LASBC). Legal Aid Service of Broward County s mission is to provide high-quality free civil legal advice, representation and education to the disadvantaged of Broward County so as to improve the lifestyle and living conditions of the low- income community and encourage self-sufficiency. Broward County Bar Association Barrister September

14 Classified Office Space / 110 Tower, Ft. Lauderdale - Office available on the 19th floor in the 110 Tower across from the courthouse. Space comes either furnished or unfurnished with phone service, Wi-Fi and conference room use. Copier service available and shared fulltime receptionist. Available immediately. Contact Robert McFann at OFFICE SUBLEASE IN EXCELLENT HISPANIC LOCATION - LAKE WORTH, PALM BEACH COUNTY Office includes secretarial services, translators, front desk, phone service, data organization, etc. Expanded new client opportunity for Immigration, Criminal, Family, and other Attorneys. Greater chance to work with new clients. Furnished or unfurnished spaces. Contact Angel at or integralcl@aol.com. WEST PALM BEACH, FL LITIGATION ASSOCIATE Fox Rothschild LLP has an opening in the West Palm Beach, FL office for a Commercial Litigation Associate with at least 4-6 years of commercial litigation experience. If interested, please send your resume in confidence to recruitment@foxrothschild. com or apply online at joblisting.aspx?id= September 2014 Broward County Bar Association Barrister

15 Paralegal, Legal and Judicial Assistant Kick-Off Event Success Hello everyone. My name is Beatrisa Berlovan-Martinez and I am honored to be your new Paralegal, Legal and Judicial Assistant Section Chairperson. We started this year with a bang! On July 24, we had our kickoff event at the Broward County Bar Association s Conference Center. We had the honor of having the 17th Circuit Court Chief Judge Peter Weinstein speak to our Section. He was very welcoming and showed his appreciation as to how important our respective roles are in the legal community. I was given the opportunity to speak about how our Section committee plans on making this Section a success. The first task was changing the Section name to Paralegal, Legal and Judicial Assistant Section. This was an important step in broadening the spectrum and reflecting the true nature of what this Section encompasses. The necessity of this step is further evidenced by the fact that several local Judicial Assistants attended our event, and are scheduled to speak at our next event! Next, we plan on creating a listserv, using social media to drive membership and providing educational seminars, CLEs and networking events. For the remainder of the event, most attendees then networked a bit and enjoyed appetizers and refreshments. It was great to meet so many new people. I am looking forward to working hard with many of you to make our Section successful. The key in the development of the paralegal profession is to provide a forum to get interested professionals involved. Beatrisa Berlovan-Martinez is a Senior Paralegal at Moffa & Bonacquisti, P.A. and has over 20 years experience in the bankruptcy field. She can be contacted at beatrisa@mbpa-law. com ext Website: Broward County Bar Association Barrister September

16 Upchurch Watson White & Max Bridging Alternative Viewpoints Since 1988 MEDIATION ARBITRATION E- DISCOVERY SPECIAL MASTERS 900 South Pine Island Road, Suite 410, Plantation CALL: READ MORE & SCHEDULE: linkedin.com/company/upchurch-watson-white-&-max FOR MODERN TIMES, A CLASSIC BANK. YOUR DREAM HOME DESERVES A DREAM MORTGAGE. WITH OUR COMPETITIVE LOW RATES. CONTACT: JEFFREY GINOCCHI, SVP (954) BRUCE HECKER, EVP (954) VISIT: SABADELLMORTGAGE.COM Sabadell is a registered mark of Banco de Sabadell, S.A. used by Sabadell United Bank, N.A Sabadell United Bank, N.A., a subsidiary of Banco de Sabadell, S.A. all rights reserved. Sabadell United Bank is a trademark and service mark of Banco Sabadell, S.A. Banco Sabadell is a registered trademark and service mark of Banco de Sabadell, S.A. 16 September 2014 Broward County Bar Association Barrister

17 Recent Developments in the Law UPON DEATH OF PERSONAL IN- JURY PLAINTIFF, PERSONAL REPRESENTATIVE SHOULD HAVE BEEN ALLOWED TO AMEND TO INCLUDE WRONG- FUL DEATH CLAIM. The plaintiff smoker sued tobacco companies, alleging injury to her health as a result of their actions, but she died while the lawsuit was pending. After her personal representative was substituted as the plaintiff, the tobacco companies moved to dismiss, arguing that the claim was extinguished by her death. The trial court granted the motion, finding that the complaint could not be amended to add a wrongful death claim. The Fourth District Court of Appeals (Fourth District) reversed, holding that it was not necessary to file a new and separate action for wrongful death, and that the complaint could be amended to add a wrongful death claim. The Fourth District further held that such an amendment would relate back to the filing of the original claim, so that it would not be barred by the statute of limitations. Roden v. R. J. Reynolds Tobacco Company, etc., et al., 39 Fla. L. Weekly D1706 (Fla. 4th DCA August 13, 2014). TRIAL COURT LOSES JURISDIC- TION TO HEAR SANCTIONS MO- By Nancy Little Hoffman TION AFTER A VOLUNTARY DIS- MISSAL. Although a defendant served a motion for sanctions under Section , Florida Statutes, while the case against it was pending, it did not file its motion with the court after expiration of the twentyone day safe harbor period. Only after the plaintiff voluntarily dismissed its action did the defendant file its motion for sanctions. The plaintiff then filed a petition for prohibition, arguing that the trial court had lost jurisdiction to hear the sanctions motion. The Fourth District agreed and granted the writ, explaining that the voluntary dismissal would not have deprived the court of jurisdiction if the defendant had filed its motion prior to the dismissal. Since the defendant did not do so, the trial court lost jurisdiction. Pomeranz & Landsman Corporation v. Miami Marlins Baseball Club, 39 Fla. L. Weekly D1704 (Fla. 4th DCA August 13, 2014). TRIAL COURT CANNOT DEPRIVE COUNSEL OF RETAINING LIEN BY ORDERING THAT SUCCESSOR COUNSEL BE ALLOWED TO IN- SPECT AND COPY DOCUMENTS IN CLIENT FILE. Where a client failed to pay a law firm s bill, the firm asserted a retaining lien over the file and refused to provide records from the client s file. In ruling on a discovery matter between the parties, the trial court sua sponte ordered the firm to allow successor counsel to inspect and copy the documents. Although the trial court s order provided that the retaining lien would be preserved, the Fourth District granted the firm s petition for certiorari, holding that requiring disclosure of the file would render the lien meaningless. The order departed from the essential requirements of law and caused material harm which could not be remedied on appeal, because (1) the value of the retaining lien would be lost and (2) the petitioning law firm was not party to the underlying action. Heims v. G.M.S. Marine Service Corp., 39 Fla. L. Weekly D1700 (Fla. 4th DCA August 13, 2014). Nancy Little Hoffmann is a Board-Certified Appellate Lawyer practicing Lawyer in the practicing Fort Lauderdale in the Fort area Lauderdale since area She since may be contacted She may at be contacted 0606 or at by at 0606 NLHappeals@aol.com. or by at NLHappeals@aol.com. For more information, see For NancyLittleHoffmann. more information, see NancyLittleHoffmann.com. com. Broward County Bar Association Barrister September

18 legal health corner Let s Go Fishing By Chris Traina A rippling, inky blackness gives way to a pale grey by way of an indiscernible horizon. A pale, blinking light moves slowly across the dark fabric, an aircraft s navigation lights and the only distant sight. A gentle rocking from below my feet accentuates the placid scene when a shout of GOT ONE! erupts from my right. A bent rod, some excited reeling, and an unlucky mangrove snapper joins an elated fisherman aboard the boat. I am a couple miles off shore aboard the Sealegs III, and for the next few hours I am not an attorney. I am a fisherman, and my only concerns in the world are whether I have enough beer, bait, and bites. If you are just now learning that the practice of law can be a stressful endeavor, then it is possible that Master Yoda could learn a thing or two from you about patience. For the rest of us, there are activities that, ideally, serve as a healthy outlet to detach for a while. We strive to find something that lets us let go of the anxiety caused by a looming deadline, or to gain a little freedom from our wired existence, even if just for a few hours. Mine is fishing. Whether I am out at sea, on a pier, or just sitting on a sea wall by the Intracoastal Waterway, there is something calming, almost mesmerizing, about staring out over water. Before my recent return into the art of angling, the last time I cast a reel I measured knee-high, and wielded a Fisher-Price telescoping spincaster to target palmsized bluegill in my grandfather s pond. Now, with an hour-long commute on the ever-frantic I-95, I went looking for weekend activities that allowed me leave the car parked, and someone suggested fishing. I thought, Why not? I can walk to the water, and the outdoors is a nice change after spending the week in an office. I soon reeled in my first fish, a grunt, so named for the pig-like noise it makes when distressed. Not much of a catch, but to me, it did not matter. I returned that night feeling a little lighter. Fortunately, South Florida is an enviable location for fishing. With miles of coastline, the Intracoastal Waterway, and many bridges and piers, South Florida is a haven for anglers young and old alike. Add to that the myriad of lakes, ponds and canals strewn about the landscape, providing ample opportunities for freshwater fishing. Whether you are yet to bait your first hook, or you could tie a snell knot on a fishhook before you learned to walk, check out the forums at They are filled with anglers from all over, many of whom call South Florida their home, all of whom love their craft, and are eager to share it. Also, to fish in South Florida, you may need a license. If you plan on keeping your catch, we ask that you help maintain a sustainable fish population by staying informed of size regulations, which vary by time of year, location, and species of fish. For more information visit myfwc.com. Chris Traina is a registered patent attorney with Malloy & Malloy P.L. and focuses his practice in the areas of patents, copyrights and trademarks. He can be reached at ctraina@malloylaw. com. For more information, please visit www. malloylaw.com. 18 September 2014 Broward County Bar Association Barrister

19 PROUD SPONSORS OF THE BCBA Alpine Jaguar is proud to announce BROWARD COUNTY BAR ASSOCIATION M E M B E R S S A V I N G S P L A N Purchase or Lease a Jaguar XF: Save $1500* Purchase or Lease Any Other Model (other than XF): Save $2500* Rarely do you find STYLE, PERFORMANCE and SERVICE in a single automotive experience except at Alpine Jaguar! 12 years and I am still amazingly SATISFIED. EUGENE PETTIS, PAST PRESIDENT, FLORIDA BAR Call Damian Polgar today for details o: c: dpolgar@alpinejaguar 6606 North Andrews Avenue Fort Lauderdale, Florida * Not a member. Alpine Jaguar will pay for your individual annual membership! www. AlpineJaguar.com

20 1051 S.E. Third Avenue Fort Lauderdale, FL PRSRT STD PRSRT STD U.S. POSTAGE U.S. POSTAGE PAID PAID FT. LAUDERDALE, LAUD. FL FL PERMIT # NO September Guardianship Class-8 Hour Adult Time: 9:00 am - 5:00 pm Cost: $180 registration fee Venue: BCBA Conference Center Contact: Tish at tish@browardbar.org or (954) Webinar CLE - Working with PDFs in the Law Office Time: 12:00 pm 1:00 pm Cost: $25 each Webinar for BCBA Members; $35 each Webinar for Non BCBA Members Contact: Lauren at lauren@browardbar.org or (954) Register for Event: North Broward Bar Section Luncheon Time: 12:00 pm 1:00 pm Cost: $20 BCBA Members; $25 Nonmembers.; No Charge for BCBA Judiciary members Venue: Champps Americana, 6401 N. Andrews Avenue, Fort Lauderdale, FL Contact: Tom Oates at toates@ pompanolaw.com Register for Event: CLE - You Want to Have a Baby? The Assisted Reproductive ( ART ) Law Presentation Time: 12:00 pm - 1:30pm Speakers: Hugo E. Erik Acebo, Esq. and Marla Neufeld, Esq. Cost: $15 BCBA Members; $25 Nonmembers; No Charge for BCBA Judiciary members Venue: BCBA Conference Room Contact: Lauren at lauren@browardbar.org or (954) Register for Event: Solo/Small Networking Dinner Time: 6:00 pm - 8:30 pm Cost: $ BCBA Members; $ Nonmembers; *$5 Additional at the Door Venue: Dave and Busters in Hollywood Contact: Lauren at lauren@browardbar.org or (954) Register for Event: CLE: Navigating the Maze: Resolving Personal Injury Case Issues for Disability and Special Needs Clients Time: 8:30 am - 5:00 pm Speakers: Kristin Bianculli, Esq., Kelley/ Uustal, Nathaniel Green, Esq., Nathaniel E. Green, PA, President Elect Cost: $50 BCBA Members; $75 Nonmembers; No Charge for BCBA Judiciary members Includes Breakfast and Lunch, 7.5 General CLE credits (3 Ethics, 7.5 Trial Law & Elder Law) Venue: BCBA Conference Room Contact: Lauren at lauren@browardbar.org or (954) Register for Event: Guardianship Class - 4 hour Minor Time: 9:00 am - 1:00 pm Cost: $100 registration fee Venue: BCBA Conference Center Contact: Tish at tish@browardbar.org or Constitution Day Reading & Reception Time: 5:30 pm 7:30 pm Cost: $25 General Admission Venue: Hyatt Hotel - Pier Top Contact: Lauren at lauren@browardbar.org or (954) Register for Event: calendar of events West Broward Section CLE Luncheon: A Return to Honor- Beyond Ethics Time: 12:00 pm- 1:30 pm Speaker: Adam J. Ouellette, Esq Cost: $25 Advance Registration; $30 Walk-in Registration; No Charge for BCBA Judiciary Venue: Plantation Preserve Golf Club Contact: Lauren at lauren@browardbar.org or (954) Register for Event: October Special Events BCBA and FLMIC Malpratice Summit Presented by The Broward County Bar Association and the Attorneys Real Estate Council of Broward County, Inc. Sponsored by the Broward Bar Foundation, Inc. Time: 10:00 am - 4:00 pm Cost: $50 for Members, $75 for Nonmembers. Includes 7.5 CLEs, Breakfast and Lunch. First Annual Roger Staley Memorial Seminar Presented by The Broward County Bar Association and the Attorneys Real Estate Council of Broward County, Inc. Sponsored by the Broward Bar Foundation, Inc. Time: 10:00 am - 4:00 pm Cost: $50 for Members, $75 for Non-members. Includes 5.5 CLEs and Lunch. Register for BCBA Events: