16 th Annual Bench Bar Conference Embracing the Future of Our Evolving Profession October 30, 2012 Hyatt Regency Downtown Tampa AGENDA
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1 16 th Annual Bench Bar Conference Embracing the Future of Our Evolving Profession AGENDA Morning Session Young Lawyers, Paralegals, Judicial Assistants and Legal Support Professionals 8:30 9:20: Welcome and Plenary Session: Be Careful out There! The Allure and Related Ethical Pitfalls of Social Media Use by Legal Professionals - Mac R. McCoy, Esq. and Joanna Garcia, Esq. 9:30 10:20: Breakout Sessions A. E-Filing in the Thirteenth Judicial Circuit Douglas Bakke B. Spoliation and E-Discovery Rule Amendments in Florida Petra L. Justice, Esq. C. Effective Preparation for Trial Christopher S. Knopik, Esq. 10:30 11:20: Breakout Sessions A. Managing Document Intensive Cases and Tips for Electronic Service in Florida David Hancock, CEDS B. Preparing Effective Attorney s Fees Affidavits Judge Herbert M. Berkowitz and H. Web Melton, III, Esq. C. Mediation Preparation Robert M. Fulton, Esq.
2 1:30 2:20: Breakout Sessions 16 th Annual Bench Bar Conference Embracing the Future of our Evolving Profession AGENDA Afternoon Session Attorneys and Judges A. Litigation 2.0MG! The Impact of Social Media on Litigation and the Courts Mac McCoy, Esq. and Joanna Garcia, Esq. B. Proposals for Settlement Judge Chris Altenbernd, Judge Herbert J. Baumann, Jr., Robert R. Warchola, Esq, and Joseph H. Varner, III, Esq. C. A Collaborative Approach to our State Criminal Justice Challenges Mark A. Ober, Esq., Julianne M. Holt, Esq., Judge Ronald Ficarrotta and Judge Margaret Taylor Courtney D. Guerilla Marketing for the Every Day Practitioner Michael L. Lundy, Esq. and Dale Appell, Esq. 2:30 3:20: Breakout Sessions A. Stop it! Federal Court Injunction Practice Judge Virginia M. Hernandez Covington, Judge Elizabeth A. Jenkins, Judge Mary S. Scriven and Gregg D. Thomas, Esq. B. Hearsay, You Say? Judge James S. Moody and Judge Ashley B. Moody C. Who s Your Daddy? - Paternity Statutes and Legal Presumptions: Are We Keeping up with Science? Christine Welch, Esq., Mark P. Kelly, Esq., J. Kevin McNamara, Esq. and David Silverstein, Esq. D. Preservation of Error for Appeal George A. Vaka, Esq., Ceci Culpepper Berman, Esq., and Michael Musetta 3:30 5:30: Plenary Session Top Ten Ethical Tips and Roundtable Discussion with Judges
3 16 th Annual Bench Bar Conference Embracing the Future of Our Evolving Profession COURSE DESCRIPTIONS Morning Session Young Lawyers, Paralegals, Judicial Assistants and Legal Support Professionals PLENARY SESSION: Be Careful Out There! The Allure and Related Ethical Pitfalls of Social Media Use by Legal Professionals Social media is revolutionizing the way human beings connect, communicate, and collaborate with each other in the new digital environment. Many lawyers and law firms are embracing this new technology to expand their digital footprint beyond traditional lawyer web bios and law firm websites. Not surprisingly, social media has also insinuated itself into the realm of legal ethics. National and state bar associations are slowly but surely catching up with this trend by examining how the existing rules of professional conduct apply to lawyers, law firms, and other legal professionals using social media in the practice of law. This program will highlight the top ten ethical considerations for legal professionals using social media. Speakers: Joanna Garcia, Esq. and Mac R. McCoy, Esq. Moderated by Judge Caroline Tesche. BREAKOUT SESSIONS: e-filing in the Thirteenth Judicial Circuit s This session will provide an understanding and working knowledge of the E-filing requirements of the Thirteenth Judicial Circuit. Topics include e-portal Q1 release highlights, high-level e-portal overview, pending queue process, and new case initiation. Speaker: Doug Bakke, Chief Deputy, Hillsborough County Clerk of the Court. Spoliation and E-Discovery Rule Amendments in Florida This session will provide attendees with a basic understanding and working knowledge of Spoliation and E-Discovery Rule Amendments in Florida. Topics include overview of Florida law on spoliation, recent developments in spoliation, overview of Florida law on E-Discovery, and recent E-Discovery Rule amendments in Florida. Speaker: Petra L. Justice, Esq. Effective Preparation for Trial This session will provide best practices tips for preparing for trial. Topics include effective preparation for trial, effective advocacy in jury trials, and professionalism in the courtroom. Speaker: Christopher S. Knopik
4 Managing Document Intensive Cases and Tips for Electronic Service in Florida This session will explain processes involved in dealing with large amounts of data and also to provide some hints/tips for developing processes for Electronic Service in Florida cases. Topics include data reduction methodology, setting up and managing a document review, other options for review (like TAR and contract review), hints/tips regarding Electronic Service in Florida cases. Speaker: David Hancock, CEDS Preparing Effective Attorneys Fees Affidavits This session will provide best practice tips and a view from the bench on preparing attorneys fees affidavits. Topics include a review of the rules applicable to attorneys fees affidavits, the mechanics of preparing effective attorneys fees affidavits, a view from the bench on attorneys fees affidavits. Speakers: Judge Herbert M. Berkowitz and H. Web Melton, III, Esq. Mediation Preparation This session will attendees with a basic understanding and working knowledge of mediation preparation. Topics include determining when Is the right time to mediate, how to know your audience, how to know what the other side is going to do, and mapping out your negotiation strategy. Speaker: Robert M. Fulton, Esq.
5 BREAKOUT SESSIONS: 16 th Annual Bench Bar Conference Embracing the Future of Our Evolving Profession COURSE DESCRIPTIONS Afternoon Session Attorneys and Judges Litigation 2.0MG! The Impact of Social Media on Litigation and the Courts Judges and litigators are increasingly encountering social-media-related issues in a wide variety of contexts in litigation matters. The complexity of these issues is compounded by the fact that social media is an emergent technology and, as such, continues to evolve at an exponential pace and to challenge courts and litigators in unexpected ways. This interactive program will focus on the impact or potential impact of social media on litigation practice and the judiciary, including service of process, pre-suit investigations, discovery disputes, judicial ethics, and jury management. Speakers: Joanna Garcia, Esq. and Mac R. McCoy, Esq. Moderated by Judge Caroline Tesche. Offers of Judgment/Proposals for Settlement This session will provide attorneys an overall review of the Offer of Judgment/Proposal for Settlement Rules and Statutes. Topics include a review and interpretation of F.S and Rule 1.442, a review of types of offers, and the ethics of Offers of Judgment/Proposals for Settlement. Speakers: Judge Chris Altenbernd, Judge Herbert J. Baumann, Robert R. Warchola, Esq. and Joseph H. Varner, III, Esq. A Collaborative Approach to our State Criminal Justice Challenges This session will provide attendees with a better understand how the various components of the Criminal Justice system must come together for the system to operate. Topics include issues involving juveniles in the Criminal Justice System, issues involving the Republican National Convention and the Criminal Justice System, budgetary considerations in the Criminal Justice System, considerations involving unrepresented individuals in the Criminal Justice System. Speakers: Mark A. Ober, Esq., Julianne M. Holt, Esq., Judge Ronald Ficarrotta and Judge Margaret Taylor Courtney. Moderated by Judge Dick Greco. Guerilla Marketing for the Every Day Practitioner This session will present briefly on various marketing-related topics and have interactive Q&A with audience, including providing some tips for what attorneys can do in their own practices. Topics include marketing vs. sales some core concepts, effective marketing on a minimum budget, networking how to be successful at it, why you need to build your brand and how, and some practical tips for the everyday practitioner. Speakers: Michael L. Lundy, Esq. and Dale Appell, Esq. Moderated by Judge Catherine M. Catlin
6 Stop it! Federal Court Injunction Practice This session will discuss the practice and procedures in federal court for obtaining temporary restraining orders and preliminary injunctions. The panelists will discuss the applicable rules of civil procedure, local rules and practice in the Middle District of Florida for hearings on such motions. Speakers: Judge Virginia M. Hernandez Covington, Judge Elizabeth A. Jenkins, Judge Mary S. Scriven and Gregg D. Thomas, Esq. Hearsay, You Say? This session will provide a view from the bench on common hearsay objections and an overview of recent case law. Speakers: Judge James S. Moody and Judge Ashley B. Moody Who s Your Daddy? Paternity Statutes and Legal Presumptions: Are We Keeping up with the Science? The session will compare and contrast the legal requirements to establish and disestablish paternity in Florida Statues, including Chapters 742, 61, 63, 39 and 409; and review the state of current case law concerning these statutes and issues. Topics include comparison of relevant statutory requirements to establish paternity, procedures to disestablish paternity, current case authority regarding establishment and disestablishment of paternity, conflicts in these laws and proposed changes to these laws to achieve consistency in practice and procedure, changing case law and statutory authority in the area of surrogacy. Speakers: Christine Welch, Esq., Mark P. Kelly, Esq. J. Kevin McNamara, Esq. and David Silverstein. Moderated by Judge Catherine M. Catlin and Judge Emily A. Peacock Preservation of Error for Appeal This session will provide an overview of trial error preservation tips to attorneys with an active trial practice. Two appellate attorneys will cover the legal perspective of this topic. A court reporter will discuss how to ensure that the transcript is sufficient for appeal. Topics include preservation of error during trial, post-trial appellate issues, non-final order appellate issues, watching the costs on appellate transcripts and practice tips for ensuring the transcript is ready for appeal. Speakers: George A. Vaka, Esq., Ceci Culpepper Berman, Esq. and Michael Musetta. PLENARY SESSION: Top Ten Ethical Tips and Round Table Discussion with Judges Attorney Ed Waller will give a presentation on the Top Ten Ethical Tips for issues affecting today s legal practitioners. The attendees will then participate in the traditional roundtable discussion with judges on current ethical topics with a Game Show twist.
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