Vanessa's roots trace back to San Juan, Puerto Rico. At the age of five, her family made the move to Orlando, where she pursued her education at the University of Central Florida and later attended Barry Law School.

Vanessa embarked on her pro bono journey in 2012 when she obtained her license to practice law. Since then, she has been actively volunteering her legal expertise to serve her community. Her pro bono work has encompassed a wide range of cases, including serving as a Guardian ad Litem (GAL) to represent the best interests of children caught up in the complexities of the legal system.

One particularly heartwarming chapter of Vanessa's pro bono journey involved assisting an elderly Spanish woman with her estate plan. Vanessa recalls this experience fondly, saying, "Helping this grandma in need and ensuring that her family's dedication to her was honored was truly fulfilling. She was so grateful. It's moments like these that remind us why we do pro bono work."

As Vanessa eloquently puts it, "Serving others is not just a duty; it's a privilege. It's about recognizing the immense impact we can make in the lives of those who are less fortunate. Providing legal assistance to those who need it most is a way of giving back and ensuring that justice is accessible to all."

Vanessa Clark's commitment to pro bono work extends beyond her legal practice; she also plays an active role in various organizations, including the Hispanic Bar Association of Central Florida. Through her participation in these organizations, she actively contributes to the betterment of the legal profession and the broader community.

Her dedication to the most vulnerable truly sets Vanessa apart is her unwavering advocacy for those who need it most. Whether she's representing vulnerable children in GAL cases, assisting individuals with their legal challenges, or ensuring that elderly Spanish-speaking clients receive the help they deserve, Vanessa is known for her compassion and fierce advocacy. Her passion for justice and her tireless efforts to ensure that everyone has access to legal representation, make her a valuable asset to the legal community and the people she serves.

Vanessa, like many other Legal Aid pro bono attorneys, is not just empowering the low-income communities they serve, but they are changing the course of the legal field to one of compassion, understanding, and humanity.

For more information, or if you would like to be a pro bono attorney for the Legal Aid Society, please contact Attorney Laura Sanchez at lsanchez@legalaidocba.org. Should you wish to become a financial donor or help with our fundraising efforts please contact Donna Haynes, Director of Development at (407) 515-1850 or email: dhaynes@legalaidocba.org.

Across military studies, one of the most frequently reported barriers for seeking help for mental health problems is concerns about stigma. According to the National Library of Medicine, the two most endorsed stigma concerns were 44.2% (95% confidence interval: 37.1, 51.4) for "My unit leadership might treat me differently" and 42.9% (95% confidence interval: 36.8, 49.0) for "I would be seen as weak." The stigma of mental health in the military is linked to a desire to handle problems on one's own and to avoid negative judgment, hazing, and retaliation from leadership or peers. Service members who report mental health concerns are most likely to perceive stigma and anticipate adverse outcomes for seeking help, including career harm. Many service members feel uncomfortable seeking mental health care. They fear seeking help could negatively impact their careers and are significant contributors to the stigma. Because of this, suicide in the military has been increasing among our service members.

What is the Brandon Act? The Brandon Act is designed to protect service members who experience mental health and reduce the stigma around reporting mental health concerns. This Bill allows service members to seek mental health treatment and requires a mental health evaluation as soon as a service member self-reports. It also allows service members to seek help confidentially and, if necessary, outside of the chain of command and kept confidential. This Bill was designed to promote service members to seek mental health treatment without the fear of retaliation. It also enables proper investigations, including criminal investigations, allows service members to leave abusive chains of command, and holds personnel accountable for their actions when appropriate. Its mission is to save the lives of our military service members, military families, and children. The Bill also mandates that the Department of Defense provide annual training on recognizing when members need mental health evaluation.

The Brandon Act passed the House and Senate in 2021, The President signed it into law on December 27, 2021. It became effective in January 2022. July 2023, the Navy was the first to implement the Bill, now all military branches have implemented the Brandon Act.

Brandon Caserta was a 21-year-old Navy Petty Officer Third Class. He died by suicide on June 25, 2018. He worked all day long on June 25, 2018. On the last flight ops of the day, Brandon grabbed his cranial, ran up to the plane Captain, yelled over the noise of the helicopter, "I am sorry for what you are about to see," and ran to the rotating rear tail rotor, threw off his cranial, jumped, missed, and then jump again and made contact. He did this in front of the watchful eyes of his command and the flight line. He was not even involved in the flight ops and was not supposed to be on the deck. No one stopped or ran after him when they saw him. After this happened, everyone on that flight line ran away. No one gave him medical attention. His parents and friends later discovered notes describing hazing and bullying from some members and leaders of his helicopter squadron. After asking for help for his mental health, he was bullied and hazed and retaliated against. Not one person in his command helped him. He told many people in his chain of command that he was depressed, and all they told him to do was suck it up and go back to work. Brandon's parents, Teri and Patrick Caserta fought for justice, getting the Bill passed into law and the legacy of their son.

I am a Navy mom. I never really understood the life of military families until my only son left home for the Navy. From experience, it is full of emotions with many highs and lows. It takes work. You hear about military life, but until it is lived, it cannot fully be understood. As a military mom, it has come with sleepless nights of worry from day-to-day events. There can be many months without any communication while your service member is on deployment. Because of the Brandon Act, I have learned a lot. The conversations with my son are more open and honest, and mental health is discussed often. I am a part of different groups for Navy families, and the Navy community is strong. I have personally spoken to multiple families that have lost their Sailor due to suicide.

It is not okay to bully, harass, and retaliate against. It is also okay to get help. If you know someone in the armed forces and they are unaware of the Brandon Act, please share this with them. Bring awareness to our military because they deserve it.

Citations

1. Health.mil, Clinician's Corner Blog, https://health.mil/Military-Health-Topics/Centers-of-Excellence/Psychological-Health-Center-of-Excellence/Clinicians-Corner-Blog/Reducing-Military-Mental-Health-Stigma-to-Improve-Treatment-Engagement-Guidance-for Clinicians#:~:text=Mental%20health%20stigma%20in%20the,seeking%20care%2C%20including%20career%20harm (December 8, 2024).
2. Actions - H.R.7368 - 116th Congress (2019-2020): Brandon Act, H.R.7368, 116th Cong. (2020), https://www.congress.gov/bill/116th-congress/house-bill/7368/actions.
3. Health.mil, Mental Health Utilization and Promotions, (July 11, 2023)
4. Teri Caserta, TheBrandonAct.Com, (2023), https://thebrandonact.org/.
5. McLean Hospital, Putting People First in Mental Health, The Effects of Trauma on Military Members and Their Families, https://www.mcleanhospital.org/essential/military-trauma#:~:text=Service%20members%20can%20develop%20PTSD,or%20experiences%20mental%20health%20challenges.
6. Sharp ML, Fear NT, Rona RJ, Wessely S, Greenberg N, Jones N, Goodwin L. Stigma as a barrier to seeking health care among military personnel with mental health problems. Epidemiol Rev. 2015;37:144-62. doi: 10.1093/epirev/mxu012. Epub 2015 Jan 16. PMID: 25595168.

I was awarded the Lawrence G. Mathews, Jr. professionalism award back in 2018, about 1-month before my daughter Cameron was born. I remember being very humbled and excited to win the award, but also concerned my water may break on the stage during my speech! One of the things I mentioned in my speech, and later in my article in the Briefs, is that it is okay to disagree, but you don’t need to be disagreeable.

I have been practicing for 18 years, and while each year I tend to encounter at least one attorney on the other side of the case that gets under my skin, makes derogatory comments, raises his or her voice, or outright does something that warrants a grievance being filed, things have gotten progressively worse since the pandemic. In 2020 and into 2021, attorneys seemed nicer, more collaborative, and had that thing called “empathy” I spoke about in a prior article. This is likely because we were all scared, not sure whether we were going to live or die or whether our family was going to be okay, and so for once, we were focused on attempting to work together to resolve cases instead insulting of each other, serving a complaint on Christmas, or purposefully propounding discovery so that the responses are due the day before Thanksgiving. After doing this for 18 years, I am honestly disgusted by some of the conduct I have seen, and I’m hearing more and more colleagues question whether litigation is even worth doing.

I honestly wish, however, that we could go back to how it was during the pandemic, sans the coronavirus obviously, and just stop trying to pad the bill, making the other side “pay”, and doing everything you can to ruin opposing counsel’s day. It doesn’t need to be like this. I have lost count of the number of cases where I offered a settlement on day 10 of the case that the other side refused to accept, essentially calling me crazy, and then 6 months later and tens of thousands of dollars later, the case is settling for almost that exact offer. Why did we have to spend the last 6 months fighting and spending our client’s money? Why can’t we just be reasonable and stop trying to prove something?

During this month, which focuses on professionalism, we should sit back and reflect on how we handle ourselves during litigation and question whether it is really in our client’s best interest or is it just to prove something or to meet a certain billable hour requirement? I urge all of our members to have a little empathy, and not only put yourself in your client’s shoes, but put yourself in the opposing side’s shoes. Maybe if we do this, and we set our pride aside for a little while, we can come to a creative resolution for our clients in a much more efficient manner and truly serve our client’s best interests.

Instead of sharing a book this month, I have two of my favorite professionalism quotes that I would like to share. The first is from David Maister, “Professionalism is not a label you give yourself – it’s a description you hope others will apply to you.” This quote underscores the importance of perception and reputation in the legal field. As attorneys, our professionalism is judged by other attorneys, judges, clients, and our peers. It is important that we build a reputation for reliability, competence, and ethics so that others describe you as professional, ethical, and fair.

The second quote is from John Wooden and he states, “Your reputation is what others think of you; your character is what you truly are.” This quote highlights the difference between reputation and character. We all care dearly about our reputation, and we certainly should, but if we have character, we won’t need to worry about our reputation because our character will shine through. In the words, if you have strong character and a strong reputation, that professionalism label will follow. Character reflects our fundamental values, principles, and behavior.

As attorneys we need to demonstrate our character, integrity, and professionalism in all interactions whether we are speaking to a judge or a janitor. The tone and demeanor of the conversation should not change. I ask that each of you think twice before you send that email or make that derogatory comment. We are here to do what is in the best interests of our clients and I highly doubt that means you must attack opposing counsel. Zealous advocacy should never include acting unprofessional or unethical.

Thank you.

I was awarded the Lawrence G. Mathews, Jr. professionalism award back in 2018, about 1-month before my daughter Cameron was born. I remember being very humbled and excited to win the award, but also concerned my water may break on the stage during my speech! One of the things I mentioned in my speech, and later in my article in the Briefs, is that it is okay to disagree, but you don’t need to be disagreeable.

I have been practicing for 18 years, and while each year I tend to encounter at least one attorney on the other side of the case that gets under my skin, makes derogatory comments, raises his or her voice, or outright does something that warrants a grievance being filed, things have gotten progressively worse since the pandemic. In 2020 and into 2021, attorneys seemed nicer, more collaborative, and had that thing called “empathy” I spoke about in a prior article. This is likely because we were all scared, not sure whether we were going to live or die or whether our family was going to be okay, and so for once, we were focused on attempting to work together to resolve cases instead insulting of each other, serving a complaint on Christmas, or purposefully propounding discovery so that the responses are due the day before Thanksgiving. After doing this for 18 years, I am honestly disgusted by some of the conduct I have seen, and I’m hearing more and more colleagues question whether litigation is even worth doing.

I honestly wish, however, that we could go back to how it was during the pandemic, sans the coronavirus obviously, and just stop trying to pad the bill, making the other side “pay”, and doing everything you can to ruin opposing counsel’s day. It doesn’t need to be like this. I have lost count of the number of cases where I offered a settlement on day 10 of the case that the other side refused to accept, essentially calling me crazy, and then 6 months later and tens of thousands of dollars later, the case is settling for almost that exact offer. Why did we have to spend the last 6 months fighting and spending our client’s money? Why can’t we just be reasonable and stop trying to prove something?

During this month, which focuses on professionalism, we should sit back and reflect on how we handle ourselves during litigation and question whether it is really in our client’s best interest or is it just to prove something or to meet a certain billable hour requirement? I urge all of our members to have a little empathy, and not only put yourself in your client’s shoes, but put yourself in the opposing side’s shoes. Maybe if we do this, and we set our pride aside for a little while, we can come to a creative resolution for our clients in a much more efficient manner and truly serve our client’s best interests.

Instead of sharing a book this month, I have two of my favorite professionalism quotes that I would like to share. The first is from David Maister, “Professionalism is not a label you give yourself – it’s a description you hope others will apply to you.” This quote underscores the importance of perception and reputation in the legal field. As attorneys, our professionalism is judged by other attorneys, judges, clients, and our peers. It is important that we build a reputation for reliability, competence, and ethics so that others describe you as professional, ethical, and fair.

The second quote is from John Wooden and he states, “Your reputation is what others think of you; your character is what you truly are.” This quote highlights the difference between reputation and character. We all care dearly about our reputation, and we certainly should, but if we have character, we won’t need to worry about our reputation because our character will shine through. In the words, if you have strong character and a strong reputation, that professionalism label will follow. Character reflects our fundamental values, principles, and behavior.

As attorneys we need to demonstrate our character, integrity, and professionalism in all interactions whether we are speaking to a judge or a janitor. The tone and demeanor of the conversation should not change. I ask that each of you think twice before you send that email or make that derogatory comment. We are here to do what is in the best interests of our clients and I highly doubt that means you must attack opposing counsel. Zealous advocacy should never include acting unprofessional or unethical.

Thank you.

Cinema, advertising, and marketing are some notorious proponents of stereotypes. Admittedly, they have made strides in the past 10 years. As a Public Relations major in college, I recall learning about advertising and marketing campaigns that played on the very stereotypes that reinforced ideas of what a woman’s role was in the home and in the family. Many of them did not hint at the notion that a woman may have a professional occupation or interest.

Growing up, the movie Legally Blonde was released and highlighted many stereotypes of a young girl who decided to go to law school and succeeded. Still, when I made my decision to attend law school, I received comments like, “Do you think you’re going to be Legally Blonde?” Ideas and stereotypes of being an attorney were present, even before I attended law school.

During one of my first oral arguments as a licensed attorney I was asked, “Are you a law clerk? Who is the attorney that will be handling the argument?” This continued during one of my first depositions, when I was asked, “Are you the court reporter?” All of these comments occurred despite attending law school that was almost 50% male, 50% female. And, from speaking with numerous colleagues, many have been recipients of similar comments aimed at either their age or gender throughout the course of their respective legal careers.

Fast forward to 2023. The pink-hued cinematic Barbie brings to life the famous doll who operated under the impression that Barbie’s very existence solved issues of inequality and empowerment. Barbie Land was a place run by a Barbie president, with a supreme court comprised of Barbies, and where Barbies won the Nobel Peace Prize. Stepping behind the lens of the movie and turning to the production side, Barbie was the first movie with a sole female director, Greta Gerwig, that went on to become a billion-dollar blockbuster worldwide.

How do we break stereotypes? Not subscribing to an outdated ideology is one way, treating all with kindness and respect is another. When judges are appointed to the bench, each member of the judiciary is provided with a plaque with a phrase that reminds all those appearing before the court that professionalism and civility are requirements of the other. Civility, however, permeates further than simply the practice of law. The French and Latin etymologies of the word “civility” generally propose the meaning to be “relating to citizens.” “In its earliest use, the term referred to exhibiting good behavior for the good of a community. The early Greeks thought that civility was both a private virtue and a public necessity, which functioned to hold the state together.”

Focusing the lens more locally, one can have a sense of community, civility, and even belonging by being active in the legal profession. By developing the legal community outside of the courtroom or the office, we can gain a better understanding of our colleagues as people and not just attorneys. Aside from working with an opposing counsel, colleagues, and clients, the Orange County Bar Association boasts numerous committees to allow for involvement in all different areas other than specific areas of legal practice – Lawyers Literary Society, Civil Rights, Parents in the Law, Diversity & Inclusion, and Community Service. In truth, the extracurriculars available to lawyers, whether through the OCBA or local Inns of Court, provide for the sense of community understood by those in the days of antiquity. Or, by Barbie.

Sources

• Legally Blonde, Metro-Goldwyn-Mayer, 20th Century Studios, 2021.
• Barbie, Warner Bros., 2023.
• Teresa Nowakowski, ‘Barbie’ Makes History, Becoming First Billion-Dollar Movie Directed Solely by a Woman, Smithsonian Magazine, Aug. 9, 2023, available at https://www.smithsonianmag.com/smart-news/barbie-first-billion-dollar-movie-directed-by-a-woman-180982672/.

The Ruling: Students for Fair Admissions, Inc. v. President & Fellows of Harvard College

In 2014, Students for Fair Admissions ("SFFA"), a non-profit membership organization opposing affirmative action policies in undergraduate admissions, initiated legal action against Harvard College. The lawsuit contended that Harvard College intentionally discriminated against Asian-American applicants, asserting that they were held to a more stringent standard compared to other minority student applicants. Harvard College, in response, refuted these claims, asserting that it did not engage in discrimination against any specific racial or ethnic group. Harvard maintained that its objective was to foster a diverse student body on its campus. SFFA also filed suit against the University of North Carolina, alleging the same complaints, garnering national attention as the matter made its way to the United States Supreme Court.

After several years and multiple legal proceedings, on June 29, 2023, the United States Supreme Court rendered a ruling stating that affirmative action policies in universities violate the Constitution’s Equal Protection Clause and Title VI of the Civil Rights Act of 1964. Title VI specifically stipulates that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. This landmark ruling marked a substantial departure from 45 years of legal precedent, fundamentally reshaping the landscape and eliminating a framework designed to ensure equal opportunities for minority students in comparison to their peers.

The Role of Voluntary Bar Associations (“VBA”)

Voluntary Bar Associations play a crucial role in the success of attorneys worldwide. They offer essential benefits such as networking opportunities, ongoing education, avenues for leadership development, and platforms for marketing, contributing significantly to the professional growth and achievement of legal practitioners. Voluntary bar associations also serve as a secure forum where attorneys can openly discuss and navigate the challenges that come their way, offering a supportive environment for addressing obstacles in the legal profession. It is for this reason that voluntary bars should often take proactive measures to anticipate and address issues that could hinder the success of their members, particularly matters tied to legal precedents.

While the current impact of the Supreme Court's affirmative action ruling extends to colleges and universities through Title VI, numerous legal experts contend that SFFA's argument may arguably be extended to Title VII of the Civil Rights Act of 1964. Title VII, as amended, safeguards employees and job applicants against discrimination in employment based on race, color, religion, sex, and national origin. The Equal Employment Opportunity Commission asserts that Title VII protection encompasses a broad range of employment decisions, including recruitment, selection, termination, and other determinations related to the terms and conditions of employment. In light of this, it is essential to acknowledge that the ruling may have potential implications for minority attorneys. Voluntary Bar Associations should therefore proactively take measures to assist diverse members in navigating the uncertainties that may arise.

Tips on how VBAs can be Proactive:

During this period, Voluntary Bar Associations can significantly support their minority members by implementing a range of initiatives and strategies, including:

• Creating a Diversity, Equity & Inclusion (DEI) Committee
• Actively implementing more DEI programs throughout the year
• Collaborating with other Voluntary Bars representing diverse backgrounds
• Championing policies that encourage the implementation of DEI programs in the workplace
• Addressing the matter before it escalates into a problem

Conclusion:

In Conclusion, Voluntary Bar Associations should consistently strive to bridge gaps for their members, even if it means simply starting a conversation and extending support. The spirit of voluntary bar membership lies in cultivating meaningful connections and actively contributing to the success of our fellow members. Hence, it is imperative for us to take proactive measures to ensure that our members are not only listened to but also comprehensively understood and assisted before another ruling is made.

Our circuit serves one of the fast-growing jurisdictions in the United States. Over the past 10 years, the population has increased by nearly 28% – that’s close to 125,000 people. And that number doesn’t factor in tourists. The Orlando area is one of the leading tourist destinations in the world, attracting almost 75 million visitors in 2022. That’s a lot of people, and there’s no sign of this influx to our area slowing down.

None of you need wonder what serving this population looks like in the courts. It looks exactly like what you experience every day. Strained resources struggling to keep pace with ever increasing demands for service. And if you narrow your focus to Orange County – in particular Orange County civil - you’ll see a division where demand for service significantly outpaces resources.

As of my writing at the end of 2023, the current pending caseload in the Orange County civil division is 63,858. Divided amongst the nine judges currently serving that division you get a staggering 7,095 cases per judge. Each of these nine judges get over 650 new cases each month. Those are unsustainable numbers for our judges and our community.

We often talk about caseloads as inanimate things when in reality every case represents – at minimum – two people. So, those 63,858 pending cases in Orange County civil represent, at minimum, a staggering 127,716 people. That’s an intolerable number that directly translates into justice delayed for thousands in our community. And, again, that’s just the minimum. The actual number is, quite frankly, unfathomable, and we aren’t the only ones who think so – hence the Florida Supreme Court’s certification for the three additional Orange County judgeships.

However, receiving certification for additional seats on the bench doesn’t directly translate into additional seats on the bench. Getting certified is only the first step. Now it’s up to our state legislature to allocate funding for these seats. And it’s up to us to advocate for that funding.

Luckily for us – attorneys are skilled advocates. From the first day of law school to your current caseload, you have honed that skill into a fine art. Out of all the folks in our community – you’re uniquely qualified to argue from every point of view why funding for these seats should be added to the state budget. You know firsthand how strained judicial resources affect your firms and your own caseloads. You see it on the bench – the packed dockets and inevitable delays. And, you see its impact on your clients – the strain and stress it creates in their daily lives.

It’s from this point of view that I ask you to add your voice to the call to fund these additional seats on the Orange County bench.

Text or call your state representatives. Post to social media and tag them. Let them know that adding three judges drops the per-judge caseload in Orange County civil to 5,321. And, while that number still feels immense, it’s 1,774 less cases per judge. That’s a difference of 31,932 people – at minimum. That number directly translates into access to justice. And, again – it’s just the minimum. The actual number of people who’ll experience a timely resolution of cases is monumental. Reach out to your representatives and remind them that supporting this funding directly translates to supporting every single person in their district with a pending case in Orange County civil.

This is not the first time I have asked you and the OCBA for assistance. And I know it won’t be the last. However, I have high hopes that I won’t be making this particular ask again in the near future. We have accomplished great things together, and I imagine this will be no different. So, thank you in advance for your help securing funding in the State budget for these judgeships. I have no doubt that next year we will be welcoming three of you to the Orange County bench.

While my story does not rise to the level of many of your stories, it does remind me of one of my favorite books by one of my favorite authors, David and Goliath, by Malcolm Gladwell. David and Goliath explores the concepts of underdogs prevailing against seemingly insurmountable odds. Gladwell revisits the classic biblical story of David and Goliath, presenting it as a metaphor for underdogs overcoming giants. He references the fact that Goliath’s size and strength became a disadvantage, as David’s agility and use of the sling ultimately led to the unexpected victory.

Some of the stories from the book are simply remarkable and I want to highlight two of them for you today.

1. Using Weaknesses as Strengths

   One of the chapters in the book explores the lives of successful individuals with dyslexia, challenging the notion that learning disabilities are always a hindrance. Gladwell introduced successful entrepreneurs and professionals who attribute their unique perspectives and problem-solving skills to their experience with dyslexia. One example is an individual named David Boies who grew up in rural Illinois and had a hard time in school from a very young age. Nobody knew that the time that he suffered from dyslexia. Fresh out of high school he took a job as a construction worker and eventually got married. While pregnant, his wife urged Boies to find a more lucrative and less dangerous profession. While taking some college classes, he learned he could apply to law school without graduating college (something that is no longer the case). While his peers were feverishly taking notes in class, he listened intently and realized he had the ability to absorb the material in a way that his peers could not. He ended up transferring to Yale and becoming a litigator, which played to his strengths of being quick-witted, responsive, and a good listener. Dyslexia was absolutely a weakness for Boies, but he turned it into a strength.

   What are your strengths and weaknesses? Are you in a practice area that fosters your strengths or your weaknesses? Would you be happier, feel more fulfilled, or even be more successful if you switched practice areas? This chapter not only made me self-reflect to see if changes needed to be made in my life, but it reinvigorated the gritty and resilient side of me. Resilience is a constant theme throughout this book, and we should all remind ourselves that setbacks and challenges are opportunities for growth. One of my favorite quotes by Winston Churchill is “Success is not final, failure is not fatal; It is the courage to continue that counts.”

2. The “Big Fish, Small Pond” Phenomenon

   Another chapter that I enjoyed was the chapter on the “big fish, small pond” phenomenon. Gladwell discusses the concept of students who may excel in smaller, less competitive school environments but struggle when being placed in larger, more competitive institutions. This chapter challenged the traditional notions of prestigious education and success, urging readers to consider alternative paths. For many high-achieving students (and their parents), the ultimate goal is to go to the most selective college they can get into. However, as Gladwell argues, this may not be the best strategy for success and can, in some cases, set students up for failure. Gladwell discusses a student named Caroline that loved science from the time she was a little girl. She went to public high school in suburban Washington, DC and was at the top of her class. She ended up getting into Brown and found herself in a peculiar situation. School had always been easy for her, but she was now struggling to even get B’s in her science classes. She noticed that she was surrounded by students who, like her, graduated at the top of their class and always excelled. Because the concepts were no longer coming easily to her, she felt stupid and lost all confidence in herself. She also noticed that the students were extremely competitive and refused to study in groups or help her at all. She ended up switching her major even though science truly was her passion. When Gladwell asked her what she thought would have happened if she went to University of Maryland instead, she stated very quickly that “she would still be in the science field.”

While we can all use this advice when figuring out what elementary, middle, high school and colleges are suitable for each of our children, this concept applies to us as well. Are you better suited for a small firm, mid-sized firm, or a large firm? Figure out what works best for you because not everyone is suited for Big Law, and you can still be extremely successful in Orlando even being a solo practitioner. I realized after interviewing for an international firm in Atlanta, GA that I didn’t want to be a small fish in a big pond. Not only did this apply to the law firm, but it also applied to the city as well. Driving on the interstate through Atlanta and driving downtown trying to find the building for my interview was one of the most stressful days of my life. While the interview went very well and I still keep in touch with the attorney that interviewed me who happens to be a very well-known IP practitioner, it was just not for me. I came to love Orlando because it wasn ’t big, but it was big enough and the same goes for my boutique IP firm. Find what suits you whether it is an Am Law 100 law firm or your own firm where you hang a shingle. Both can be equally as rewarding.

Thank you, as always, for reading and for having me as your President.

The ABA Journal, in the August 22, 2023, article by Amanda Robert, reported from a Wells Fargo Specialty Group that “law firms in the United States continue to face some financial challenges after drops in demand and productivity in the first six months of 2023, according to a new report...” The mid-year report was the result of a survey from more than 130 firms. The survey focused on the health of the legal industry; with the outcome showing that law firms across the United States are continuing to face financial difficulties. The survey also found that two of the most daunting challenges for law firms in the near future appear to be a decrease in productivity and capacity utilization. More lawyers entering the workforce has played a significant role in the reduction of billable hours. However, in order to offset the reduction in the number of billable hours by attorneys, brought on, in part, as a result of a decrease in productivity, billing rates by attorneys increased at an unprecedented rate. The overall billable rates for attorneys increased 7.7 percent; and revenues increased 4.4 percent in the first half of this year. To offset the downturn in growth, many firms have turned to a reduction in the number of lawyers and delay employment of associate classes.

According to the 2023 Report on the State of the Legal Market, issued by the Center on Ethics and the Legal Profession at Georgetown Law and the Thomson Reuters Institute law firms will be fraught with numerous problems. These problems will likely include a “slowing demand, less client spend optimism, higher expenses, falling productivity, weakening realization and inflation.” The report also states that partners “may feel significantly less well-off” when combined with the effects of inflation. With firms being faced with issues ranging from a slowing demand to low productivity, the result may well show a significant impact on their economic and institutional health both in 2023 and beyond.

Overall, larger law firms have experienced a substantial slowing in the demand for their services. This diminished demand is primarily due to a sharp contraction in transactional work, such as mergers and acquisitions. Growing economic uncertainty is, in large part, the basis of the problem.

The financial state of all law firms is not bleak. On the upside, midsize law firms appear to be thriving, according to James W. Jones, a senior fellow at the Center on Ethics and the Legal Profession at Georgetown Law and the report's lead author of the 2023 Report on the State of the Legal Market. The “apparent willingness by clients to move work in search of high-quality but more cost-effective counsel as ‘striking.’ While larger firms saw stark deterioration in all practices, midsize firms were increasingly competitive, especially in litigation, labor and employment, and intellectual property.”

Survival of law firms in light of today’s economic uncertainties requires a close examination of all aspects of the firm’s business. This would include the management of talent, workflow, practice management, finances and operations; followed up by the implementation of any necessary solutions, including use of technology.

Regardless of the size of a law firm, cybersecurity involving hacking, ransomware, loss of data and security breaches continues to be a major concern. Economic pressures have impacted the legal profession as a whole; but larger law firms are more likely to confront the risks on a greater scale. Larger firms increasingly rely on technology as a means of reducing costs as well as for additional purposes. Pursuant to the 2022 Law Firm Business Leaders Report, “Increased use of technology raises the risk of cybercrime, which is another one of the common threats faced by large law firms. The sensitive and potentially valuable information housed on a law firm’s database creates an attractive target for cybercriminals….law firm leaders expressed concern about hacking, ransomware, loss of date, and security breaches.” With the increase in the availability of technology, tools and the move toward continued use of remote work, carrying professional liability insurance to protect against damages related to cybersecurity issues has become a must-have for larger firms.

Along with the decrease in billable hours, competition for talent has created an upsurge in lawyer salaries at large law firms. Increased business development costs, inflation and an increase in expenses relating to the return (after COVID) to in-office work by staff members has also caused overhead and direct expenses to increase for larger firms.

The five most common challenges facing small law firms have been identified as (1) not getting paid; (2) increased competition; (3) skills shortage; (4) over-dependence on conveyancing; and (5) communication breakdowns. In order to identify and analyze the internal and external factors that can impact a business, law firms can conduct a “SWOT Analysis”, which covers the law firm’s Strengths, Weaknesses, Opportunities and Threats. Some examples that may need improvement and/or are holding back a small firm’s growth may include a lack of resources, outdated technology, a small team, or a lack of specialization. The analysis is an uncomplicated way to gain a comprehensive understanding of a law firm’s current position and strategy in the highly competitive legal industry. Strengths are the positive attributes of a law firm, such as reputation and specialized expertise. Weaknesses may include lack of resources, outdated technology, a small team, or a lack of specialization. Opportunities are external factors, such as new technologies or changes in the legal industry, that may produce potential advantages for a law firm. Conversely, threats are also external factors, including new competitors or negative perceptions of a law firm, which may present risks to your law firm.

To conduct a SWOT analysis, the lawyer first needs a list of the firm’s strengths – the expertise of the attorneys, the firm’s reputation and track record; as well as material strengths such as profitable billings and up-to-date technology. Next, list the law firm’s weaknesses – areas that are challenging and need improvement. Third is to identify opportunities, which may be external factors that present potential advantages for the business. Finally, list any external factors that may present challenges or risks to the law firm – these are the firm’s threats. Once the lists are complete, each identified item is assigned a rating by its impact on the firm (high, medium or low impact). All high impact items should be addressed immediately; and a plan for implementing decisions relating to the lesser impact graded items should be made. The analysis should also be reviewed and updated regularly as a law firm grows and changes. It’s important for lawyers to be aware of the firm’s current position so that informed decisions on how to move forward can be made.

According to the ABA’s Standing Committee on Paralegals, “Paralegals help law firms increase profits, amplify returns on investment, improve satisfaction, and enhance lawyer’s quality of life.” Paralegals play a vital role in assisting attorneys with a wide range of tasks, from legal research and drafting to case management and trial preparation. We must be able to produce high-quality work in order to effectively support the attorney. If you make a mistake on a pleading, it could render the document invalid or make it difficult to enforce. For example, a typographical error on a Proposal for Settlement can render it invalid and unenforceable. Although it is the attorney who signs the pleadings, they rely on their paralegal for accuracy–our role as support staff is to help our attorneys manage their time more effectively and they should be able to depend on us to ensure there are no errors in any documents generated. Mistakes not only show a lack of care and detail, but they could also embarrass you and your law firm and cause financial or job loss. I recall I once saw a social media post by another paralegal–it was a photograph of a pleading from the opposing attorney that was laden with obvious errors. I’m certain that if this made its way to the attorney or the law firm it belonged to, it caused some embarrassment for the filing attorney and paralegal. In my career, I have seen pleadings laden with grammatical and formatting errors, such as two different fonts, justified and unjustified paragraphs in one pleading, and incorrect names of parties in the body of a pleading. Errors such as these could easily be avoided if more attention to detail and care were given in drafting these documents. There are systems or steps you can develop to help you avoid these errors. For instance, double and triple-checking your pleadings before submitting them to your attorney or e-filing could help you find errors. This may seem tedious, especially if you are anything like me, swamped with deadline upon deadline, but the quality of a paralegal's work reflects on the law firm and, most importantly, may negatively affect the client.

Another reason the quality of a paralegal's work matters is that it can have a direct impact on the outcome of a case, the reputation of the law firm or legal department, and the client's satisfaction with the legal services they receive. If a paralegal makes a mistake, it could delay the case, increase the cost of litigation, or even result in a loss for the client and the law firm or legal department.

Below are some tips to ensure that your work is of the highest quality:

• Be thorough and meticulous. Paralegals should carefully review all their work before submitting it to their attorneys or e-filing it. They should also double and triple-check any important deadlines or filing dates.
• Be organized and efficient. Paralegals should develop a system for organizing their work and managing their time. This will help them to avoid making mistakes and to meet deadlines.
• Ask questions. Paralegals should not be afraid to ask questions of their attorneys or other paralegals. This is the best way to ensure that they are on the right track and that their work meets the attorney's expectations. Joining paralegal associations and networking with like-minded paralegals can be of great value in this aspect.
• Be proactive. Paralegals should not wait for their attorneys to tell them what to do. They should be proactive in identifying tasks that need to be done and in taking steps to complete those tasks. This helps move your case forward without delays, helps an attorney to achieve a successful outcome for their client, and in turn increases profits for the law firm.
• Communicate effectively with clients and other parties involved in a case.
• Be professional and ethical in your conduct.

By following these tips, you can increase your skill level, make fewer grammatical errors, and evolve into a highly-skilled paralegal. Highly-skilled paralegals can play a vital role in the financial success of their law firms, as well as achieve good outcomes for their clients, increasing client satisfaction.

Highly-skilled paralegals are in high demand in the legal profession. They can work on complex matters and are a valuable asset to law firms and employers, who are willing to compete for top talent. This gives paralegals the leverage to choose employers that offer the best compensation, benefits, and work environment.

Overall, highly-skilled paralegals have the luxury of being selective in where they work. They can choose employers that offer the best compensation, benefits, work environment, and reputation. In turn, law firms that hire highly-skilled paralegals can provide their clients with high-quality legal services at a competitive price. They are also better positioned to handle complex legal matters, thus increasing profits without sacrificing client outcomes and satisfaction.

Marisol Gomez, is a litigation Paralegal at Your Insurance Attorney, PLLC, and is the Immediate Past President of the OCBA Paralegal Section. She works in the area of personal injury and has been a paralegal for twenty-four years and an OCBA member since 2014.

To be clear, I found the end of the golden Urban Meyer era when we stopped dominating Alabama painful. I cringed as other Florida football coaches stumbled against Saban (though let me take this moment to relish our 2008 SEC title game win over Alabama).

What I do love, though, is his approach to coaching, both on and off the field. Saban respects the process. He trusts the process. When failure occurs, he doesn’t quit on the process. He knows probability is in favor of the process.

I often think of Saban’s words: “What’s significant to me is that my guys keep competing . . . Iron sharpens iron.” I’m thrilled the Orange County Bar Association (“OCBA”) lives these words every day with their commitment to the Legal Aid Society of the Orange County Bar Association, Inc. ("LAS"). So do Legal Aid’s clients and staff.

After hearing what our clients endure, I don’t think many of us would be able to compete if in their shoes. When you’ve been pushed down, stepped on, abused, forgotten, taken advantage of, and left with nearly nothing, who would blame you for not competing? Well, our clients keep going. They contact us because they want to survive and are willing to do the work to make it through the tough times.

The incredible pro bono attorneys who extend a lifeline to our clients also practice another critical Sabanism: “Players need the opportunity to develop before we get to the result.” The level of selflessness that goes into pro bono work—knowing life never stops and professional demands remain—grow their professional and personal selves through service. Everyone benefits when this happens.

Without fail, “How can I help?” is the question I hear most from members of the OCBA The Legal Aid Society of the OCBA exists in our current form because our legal community believes in supporting the most vulnerable of our entire community. We serve the homeless, victims of physical battery quietly calling from remote corners of their homes trying to seek help as their abuser sits in the other room, as well as people who recently received an eviction notice despite working multiple jobs. Assisting such a fragile population means we feel a deep sense of responsibility to keep competing.

That’s why we love new attorneys who choose to learn a new area of practice with the help of LAS staff so we can serve our vulnerable neighbors together. No matter what our community faces, we know the heart of the operation remains unchanged: we will never stop competing. If you’re interested in “sharpening” your skills or helping our deserving clients compete in the game of life, we’re here. Join us, even if you don’t love Nick Saban.

For more information on the Legal Aid Society, please contact Bethanie Barber, Executive Director and OCBA member since 2008, at (407) 841-8310 or bbarber@legalaidocba.org. For more information on pro bono service, please contact Ms. Larri Thatcher, Deputy Director, Pro Bono Coordinator, and OCBA member since 1996, at the same number or at lthatcher@legalaidocba.org.

You’d think it’d be easier. In a culture that values more for more’s sake, cultivating gratitude is our opening salvo. We are keenly aware the benefits that a grateful heart bestows. We seek to come armed in every situation with mindful attention and appreciation. And, yet – we still so easily lose focus.

This is not a character flaw.

Maintaining prolonged focus on anything is difficult. There are hundreds of daily occurrences competing for our attention. And in our field, it’s not overstating to say that some of these occurrences are life and death matters. The law is littered with minute, highly important details, all of which demand our focus. All of which require mindful attention. Gratitude may be in our hearts, but it just can’t always edge its way past the thousand and one things preoccupying our minds.

This too is not a character flaw.

There is much to be said for our grateful hearts. In fact, Aesop said it best – “The grateful heart will always find opportunities to show its gratitude.”

Those opportunities are everywhere. We just often fail to recognize them. Many are small and simple and look nothing like what we imagine gratitude looks like. And maybe that’s because we don’t see gratitude as deeds or acts at all. Most of us think of it in terms of words – something we say, not something we do. But John F. Kennedy got it right when he said that “the highest appreciation is not to utter words, but to live by them.”

So what do these opportunities to show gratitude look like when we live by the guidance of our grateful hearts?

It looks a lot like holding the elevator doors; letting someone merge into your lane on I4; checking in on a friend; sharing your favorite recipe or better yet, cooking it for someone then sharing it; playing games with your kids; paying for the person’s Starbucks order in the car behind you; smiling at everyone.

It looks a lot like the OCBA committing to pro bono work; explaining difficult legal concepts to your clients for the third or fourth or fifth time; being respectful to opposing counsel and opposing parties; being on time and on point.

It looks a lot like writing – at least it does for me in this moment; taking the time to put my thoughts on paper; recognizing the hard work – your hard work – your perseverance, your commitment; acknowledging it publicly and naming it.

And while Aesop tells us that our grateful heart will always finds ways to show gratitude, and JFK reminds us that to show gratitude is to live a grateful life – they’ve failed to mention the keystone of gratitude.

We must feel grateful.

This invaluable veteran’s legal clinic was shuttered during the pandemic. However, thanks to the generous financial support of the Bob Woodruff Foundation, Legal Aid was able to restart this pro bono-driven program early this year. We recruited and trained a team of pro bono attorneys who have a passion for both pro bono work and assisting veterans. Thanks to the Bob Woodruff Foundation’s financial support and the dedicated team of pro bono attorneys on the project, this clinic is back in action with face-to-face consultations and assistance. Clinics are held on-site at the Lake Nona and Lake Baldwin campuses several times per month. With Veterans Day this month, Legal Aid would like to take the opportunity to thank all the men and women who have served our country in the Armed Forces. Thanks to our amazing team of pro bono attorneys, Legal Aid can say to those veterans in need, we are here when you need us.

2023 VALOR PROJECT PRO BONO TEAM

While these pro bono attorneys work tirelessly, the civil legal needs of our low-income veteran community are overwhelming at times. Legal Aid can always use more pro bono attorneys on the project. If you, or an attorney you know, would like to join the 2024 VALOR Project lineup, please reach out to me with any questions you may have.

For more information, contact Jay Mobley at jmobley@legalaidocba.org or 407-841-8310. For more information on becoming a Legal Aid financial donor, contact Donna Haynes, Manager of Development, at dhaynes@legalaidocba.org or 407-515-1850.

A book that centers around the importance of your team at work is Worth Doing Wrong by Arnie Malham

Worth Doing Wrong is a real and practical guidebook to creating a sustainable culture that rocks, and it offers a fresh perspective on leadership and team management. It centers around the idea that perfectionism can be paralyzing and that by embracing imperfection and the learning that comes with it, you can create a more sustainable firm culture and build a high-performing, rockstar team. In this article, I will discuss the book and some of Malham’s tips for your legal practice, and because I cannot help myself, I will throw in a few tips targeted to your life at home as well.

1. Tip 1: Embrace Imperfection

   One of the central themes in Arnie Malham’s book is the importance of embracing imperfection. This is a hard one for lawyers. I was part of an organization tailored specifically for attorneys called Atticus® for 3 years, and the entire premise of their Practice Growth program is to kill the “great lawyer mindset”. What they mean by that is sometimes 90% is really good, and almost all the time, you are not the only person that can do that project. You need to delegate, delegate, delegate, so you can free up your time to do the projects you enjoy doing, to network, and to cultivate meaningful relationships with your team and your clients.

   Encourage your staff to take calculated risks, to innovate, and to learn from their errors. Mistakes are not failures; they are opportunities for growth. Listen, I know this is a hard one to grapple with because sometimes mistakes can cost us a lot of money, but yelling and screaming about the mistake will not fix the problem. Addressing it head on, being empathetic, and realizing that everyone makes mistakes, and it is part of the process, will. Use this as a learning opportunity with your staff without passing judgment. It is important to create a safe environment with open communication, and I assure you, the mistakes will happen less and less because everyone is cooperating and consulting one another and invested in their job and in their team.

   When it comes to your life at home, I am sorry to break it to you, but there is not only one way to put the dishes in the dishwasher or to fold the clothes. Help is help and you should take it and appreciate it, even if it is not done perfectly.

2. Tip 2: Encourage Open Communication

   The second tip that Arnie Malham addresses in the book is the importance of open and honest communication between you and your staff. Encourage your associates, paralegal and/or assistant to voice their opinions, concerns, and ideas. Create an environment where everyone feels heard and valued. A culture of open communication fosters creativity, trust, and a stronger sense of belonging. Of course, this also applies with your marriage and your kids. Open and honest communication will save a ton of arguments and ensuring that your kids feel comfortable with you and know they will not be shunned and grounded for their life if they tell you something you may not be happy about, is vital to your child’s success.

3. Tip 3: Prioritize Work-Life Balance

   The third and one of the most important tips from the book is the significance of work-life balance. As attorneys, we often work long hours and face extreme levels of stress. We need to be a good example to our staff and not only support flexible schedules, self-care, and being mindful of their well-being, but we need to do the same for ourselves. If you can tell your paralegal is having a tough day, let her go home. Tell her to take a self-care or mental health day and make a point to do the same when you need it. At home, if your kid is getting burnt out and needs a day off from practice, let them have the day off. Sports these days are insane and are unfortunately year-round. Figure out what works best for your child and be accommodating when necessary.

4. Tip 4: Foster a Learning Environment

   The fourth tip from Malham’s book is to create a culture of continuous learning which goes hand in hand with tip #1. Encourage your staff to seek out professional development opportunities and to share their knowledge with each other. Conduct regular team meetings where this information can be shared and create mentors within the firm so that knowledge sharing is the norm. This reminds me of the saying “Practice Makes Perfect.” I used to say it all the time and I have shifted to “Practice Makes Progress” because frankly, no one is perfect, and I do not want my kids to think that they need to be perfect. If they had a horrible game and couldn’t score a bucket if their life depended on it, it just means they need to keep trying, keep practicing, and keep learning. It is not the end of the world and while winning is pretty amazing, there really is no losing, you are just learning.

5. Tip 5: Recognize and Reward Excellence

   The fifth tip is to acknowledge and celebrate your team’s achievements, both big and small. When your staff feels appreciated, they are more likely to stay motivated and to contribute their best to your firm. Whether it is an email to your individual staff member, to the entire firm, a gift card to their favorite restaurant, or the opportunity to work an extra day from home that week, reward your team! Encouraging words and words of affirmation go a long way, so use them when your team performs well.

Thank you for listening and I truly hope that at least one or two of these tips will help you build a successful team at your office and/or at home. Nobody should do it alone!

Amber Davis, OCBA President

Moore’s law was described by Gordon E. Moore, the co-founder of Intel, which states the number of transistors on computer chips double approximately every two years. Today, we now have smartphones in our pockets more powerful than the personal computer you may have had during the Windows 98 era. These advances have significantly changed some people's lives for the better.

Gert-Jan Oskam thought he would never walk again after breaking his neck in a traffic accident. Professor Jocelyne Bloch, a neurosurgeon at Lausanne University hospital created the “digital bridge” which utilizes wireless signals to reconnect with muscles in the spinal cord. For the first time in 10 years, Oskam explained he was able to “stand up and have a beer with my friends”.

Another great example of how technology helps people enjoy life again, is of former US Army solider, Erik Schei. Schei was deployed to Iraq when he sustained serious head injury by a sniper. Miraculously, Schei survived and with the use of a special device that reads Schei’s eye movement, he can now engage with friends back on social media, go on YouTube and activate the computer camera. This certainly helps Schei to feel a sense of normalcy and is a positive tool after such a tragic experience.

Additionally, Scientists have developed a way to decode streams of words in the brain using MRI scans and artificial intelligence. Integrating ChatGPT, the system constructs intelligible sentences after reading MRI data of brain activity; although this technology is far from perfect, results of trial experiments indicate that artificial intelligence can identify and describe visual and audio observations of cooperating participants. Such technology can be crucial in understanding parts of the brain related to mental illness.

However, technology impacts society in a negative fashion as well. Millennials witnessed the rise of digital technology, development of the internet and the birth of social media platforms like MySpace, Facebook, and Instagram. Younger adults in the present-day era are extremely influenced by these social media platforms. Younger people’s exposure to positive and negative influences- for hours on end and unsupervised, leads to higher rates of depression, substance abuse, stress and suicide. The social media platforms are “addictive by design” says Hansen of Harvard Business Review. The implementation of positive affirmations, such as likes, follows, updates, along with notifications and colors, are intended to release a dopamine release to keep you on the platform.

Younger adults are impressionable and susceptible. Recently, Netflix recently released a documentary titled Big Vape: The Incendiary Rise of Juul which describes how the company took advantage of social media to teens and young adults. Social Media platforms institute algorithms to promote use engagement and results in lower critical thinking skills when it comes to connectivity and intimacy in relationships.

Moreover, Artificial Intelligence (“AI”) is quickly emerging. It is yet to be seen whether this will yield more positive returns than negative, but the prospect is promising. AI is quickly dominating conversations in all different career industries. For example, economics at Goldman Sachs estimate that 44 percent of legal work could be automated. This could change the practice of law, eliminating jobs but also creating new roles in the name of efficiency.

Forbes published an article that AI will (1) transform the scientific method, (2) become the pillar of foreign policy, (3) enable next-gen consumer experiences, (4) address the climate crisis, and (5) enable truly personalized medicine. Of course, there are those worried that AI will ultimately turn on humanity, alike the theme portrayed in the 2004 Will Smith classic I, Robot. In that movie, Robots worked with humans in the year 2035, but some Robots began to show unpredictable behavior. Back in 2004, AI was science fiction, and today in 2023, it is a reality.

The potential consequences are profound, but there is no question that technology can change lives, for the better and worse. Many jobs will become automated, cars will drive themselves, and day-to-day lives will change. Maybe we finally found a viable part of the solution to readily address climate issues and cancers. We already know technology can improve the quality of life, like for US Army Veteran, Erik Schei, and played a role in developing medicine such as the COVID-19 vaccine.

Overall, there are many people who stand to benefit from recent developments in science and technology. At no other point in time has humanity possessed such great technological knowledge and understanding. Governments in America and across the world should incorporate laws that bring out the best of technology, to advance society and help individuals in need of a better quality of life. And those same Governments should also put limitations on technology's bad side. Let’s not allow Robots to replace humanity. After all, the year of 2035 is only 12 years away.

Michael Stone is an attorney that practices in commercial litigation, general liability, and first-party property homeowner’s insurance claims. He has been an OCBA member since 2023.

References:

1. Max Roser, Hannah Ritchie and Edouard Mathieu. What is Moore’s Law?, (March 28, 2023)
2. Ian Sample. Paralyzed man walks using device that reconnects brain with muscles (May 23, 2023)
3. Id.
4. Id.
5. Wounded Warrior Project. Technology Allows Injured Veteran to Enjoy Life (January 6, 2017)
6. Id.
7. Jon Hamilton. A decoder that uses brain scans to know what you mean – mostly (May 1, 2023)
8. Id.
9. Kelsey Hansen. Our Social Media Addiction (November 2022)
10. Id.
11. Id.
12. Kalia Richardson. Netflix Shows How Juul Went Up in Flames (October 10, 2023)
13. Hansen, supra note ix.
14. Steve Lohr. A.I. is Coming for Lawyers, Again (April 10, 2023)
15. Id.
16. Gaurav Tewari. The Future of AI: 5 Things to Expect In The Next 10 Years (May 5, 2022)

My introduction to PSCs began relatively close to the start of my time on the bench, first with dependency-based drug court programs and now expanding to include criminal programs circuit-wide. Over the years, these courts have enhanced their programs to meet the unique needs of children, families, veterans, and people suffering from mental illnesses. 

From my personal experience presiding over cases in the adversarial court setting, this traditional approach rarely provides the opportunity to make a meaningful, positive impact in a person’s life. That type of impact is not achieved through the work of an individual but rather through a dedicated team of professionals working toward the same goal. For PSCs, that goal is to address the underlying issues that led clients to the courts and to support their successful reintegration into the community while also holding them accountable for the actions that brought them here in the first place.  

What makes PSCs particularly remarkable is each program’s multidisciplinary team which includes counsel for both the state and the defense. All team members commit to working in a non-adversarial manner to ensure the delivery of therapeutic and social interventions which will ultimately modify behavior and reduce the likelihood of a client’s reentry into the dependency and criminal court systems. This commitment is paramount as evidenced by the recidivism rates found in traditional court systems that lack behavioral intervention. 

PSCs in the Ninth are constantly evolving and looking to best practices and evidence-based practices to improve outcomes for our participants and the community. Our teams train with national and state experts to ensure that our programs stay on the cutting edge of what is proving effective with the various populations that we serve. One of our most recent and promising changes has been the development of a drug court track specifically targeted to the needs of people suffering from opioid addiction. 

It is no secret that the opioid epidemic has had a detrimental impact on citizens in our community as well as their families. In 2018, as more and more people suffering from opioid addiction became involved in our criminal justice system, it became clear that new and innovative responses needed to be implemented. Through community partnerships, the Ninth opened an opioid-specific track in our adult drug court program. This specialized track provides the most appropriate therapeutic responses for this specific population, including the integration of medication-assisted treatment and access to services across the continuum of care. 

Another successful supportive service that has been implemented in PSCs is peer support with lived experience. Most participants look for support from someone who has been through what they are experiencing. Someone who can empathize with their situation and show them what is possible with treatment for substance abuse and mental health issues. The Ninth’s family dependency drug court and early childhood court implemented this supportive service several years ago with great success. The one-on-one support from someone who has been through the program and has been reunified with their children provides hope to participants who often feel more hopeless than at any other point in their life. Learning from this success, PSCs now offers peer support services to participants in its criminal court programs which provides them with individual support, recovery strategies, and connection with community resources that are available even after their court case is closed.

As important as all these facets of PSCs are, there is one vital component I’ve yet to mention –that’s you. The first place a potential participant will learn about PSCs is their attorney. Attorneys play a critical role in educating their clients about all legal options available to dispose of their case – including PSCs. And, while for some clients PSCs may seem to be a more challenging path to follow than a traditional sentence, it is important that people in positions of trust explain the potential long-term, life-changing benefits of participation.

While PSCs are proven effective at reducing recidivism and fostering community reintegration, they still face challenges such as limited resources, the need for interagency collaboration, and ensuring equal access to justice. Overcoming these challenges requires partnerships between justice system stakeholders and continued support from policymakers and community advocates like the OCBA. 

To learn more about PSCs’ eligibility criteria, requirements, and services, please visit the court’s website www. https://ninthcircuit.org/divisions/problem-solving-courts.

The Honorable Alicia L. Latimore is the Administrative Judge for the Unified Problem Solving Courts.

If the thought of writing an article terrifies you, just remember that as a paralegal you already have many of the required skills.  You know punctuation, spelling, and grammar.  You know how to proofread.  You know how to meet deadlines.  You are knowledgeable about a wide range of topics.

Once you have decided that you would like to write an article or someone has asked you to write an article, the next step is picking what topic you want to write about.  I recommend that for your first article you write about something you know very well and that you like to do.  For example, I have gone to trial several times, and it is one of my favorite parts about being a paralegal.    For me, writing an article about the paralegal’s role at trial would be a great topic for a first article.  If you are still stuck for ideas, ask your friends or co-workers or boss what they consider you to be an expert on and then write about what they suggest.  Another option is to write about something that you want to learn more about.  When I first started at my current law firm, I did not have much experience in construction litigation and wanted to learn more, so I researched and wrote an article titled, “An Introduction and Overview of Construction Law.”  

When you are further along in your article writing journey, then you will want to keep track of ideas that you have for future articles.  I keep a Word file on my computer where I input ideas when I get inspired.  You can also write your ideas down in a notebook or use the notes app on your phone.

After you have figured out what you are going to write about, then start writing.  As the author Anne Lamott advises in her book about writing, Bird by Bird:  write your crappy first draft.  She says to just let it all go, write as you please, then do the editing and proofreading in the next drafts.  After you have proofread and edited your final draft, have someone else read the draft and give you feedback.

One of my writing tips is that before I start to write, I think about the topic while I am doing an activity where I can get into a creative flow.  I get the inspiration for many of my writing ideas and what I am going to specifically say in the article when I am riding my bike.  You will have to determine for yourself what works for you – some possibilities to consider are gardening, painting, taking a bath, or crocheting.

If you know what publication you plan to submit your article to, make sure you follow their guidelines.  For example, The Briefs requires all articles to be submitted the tenth of the month, six weeks prior to the month of publication (this article to be published in the October 2023 issue had to be submitted by August 10, 2023).  The format must be Microsoft Word, double spaced.  PDFs are not accepted.  But remember that guidelines vary by publication.

Submit your article along with a professional headshot in .jpg format and a brief biography that includes your professional designations, employer, and other legal-     related activities.  Advice on how to prepare a great biography can be the topic of another article (add that to my list).

There are many potential sources that may publish your legal related article.  I have already mentioned The Briefs.  The Florida Bar FRP Enrichment Committee is always seeking articles to publish in the FRP Times Newsletter.  If you belong to other professional associations like the Central Florida Paralegal Association or the National Association of Legal Assistants, you should submit your article to them for consideration for publication.  Research legal blogs and other online sources to see if they accept articles.   Legal organizations are always searching for relevant content.

After you have written your first article, if you enjoyed the process, keep writing more.  If you are looking for a job, or a raise, or promotion, the fact that you wrote and published an article is something that sets you apart from other paralegals.  Once you have conquered writing an article, there are next steps that you should consider like writing a book or presenting a seminar.  There are no limits.  

This article is intended to give you the encouragement and tips necessary to start writing.  If you have a good idea or have already written an article that you would like published, please reach out to OCBA Paralegal Section President Jennifer Finch (jfinch@maynardnexsen.com) or President-Elect Cassi Kelly (cassi@fclcgroup.com).  You can also contact me (njordahl@wwhgd.com) for help or encouragement.

Nancy Jordahl, ACP, FRP, FCP, is a litigation paralegal at Weinberg Wheeler Hudgins Gunn & Dial and has been an OCBA member since 2010.

1. Mirroring:  It’s Not Just for Vanity 
   
   Mirroring is a technique where you repeat the last few words someone just said to you.  It might sound absurd, but trust me, it works.  Imagine you are on the phone with opposing counsel discussing settlement and they say, “We can’t agree to that settlement amount.”  Instead of immediately countering with how amazing your case is and how they are crazy to not settle for that amount, respond with, “You can’t agree to that settlement amount?”  It not only makes you seem more engaged, but it also encourages the other party to elaborate as to why they cannot accept that amount.  Just don’t overdo it by repeating everything they say, or you’ll sound like my children purposefully trying to annoy each other and eventually may hear “stop copying me!” 
2. The Power of “No” 
   
   According to Voss, “No” is not the end, but just the beginning when it comes to negotiation. In fact, “no” should not be considered a roadblock, but instead as a gateway to negotiations.  Lawyers are known for their persistence, but instead of arguing with opposing counsel and refusing to take no for an answer, ask some open-ended questions.  For example, “What specifically about this proposal doesn’t work for you or your client?” “What is it about this proposal that you are so upset about?”  It is like turning no into a quest for common ground and you would be surprised at what you can learn from asking a few questions. 
3. Tactical Empathy 
   
   My last Briefs article spoke about the importance of empathy and Voss also stresses its importance in this book by discussing why it is imperative that you understand your client’s and/or opposing counsel’s perspective.  As lawyers we can often be seen as unyielding, but showing a little empathy can be a game-changer.  Try to put yourself in the other party’s shoes and acknowledge their thoughts and feelings on a particular subject.  If you sense some frustration from the other side, you could say, “I can see that this negotiation has been challenging for both of us.  Let’s work together to find a resolution.”  Alternatively, “I understand why you would feel that way, but I can assure you that is not our intent.  Let’s see if we can find a way to appease both of our clients.” 
4. The Accusation Audit
   
   Before entering into a negotiation, it is crucial to anticipate objections or concerns the other party may have.  These objections could be related to terms in your proposal, personal animosities between the parties, or any other aspect of negotiation.  Voss suggests using this information and actually identifying and listing the possible objections opposing counsel may have before they even have a chance to raise the objections.  This shows that you are prepared and are willing to address their concerns.  Be sure to use empathetic language when doing this showing that you genuinely understand their concern and perspective and then turn to trying to find a way to address the concerns.  This can also be used in court when addressing concerning case law and/or some questions you may think the Judge or Jury is asking themselves about the case.  Using this tactic builds trust between the parties and reduces the amount of resistance and defensiveness you will see from the other side.  
5. Silence:  Awkward, but Effective 
   
   We tend to like to hear the sound of our own voice, but sometimes, silence speaks volumes.  Embrace the power of silence after making a proposal.  Let it hang in the air and fight the urge to keep talking.  When one party in a negotiation falls silent, it often creates this sense of pressure and discomfort for the other party. Opposing counsel may reveal their hand, reveal more information, make concessions, or become more willing to compromise just to break the silence.  Silence is also a way for you to maintain control.  It demonstrates that you are not rushed or desperate, and it can make you appear more confident and in control of the situation. 

In the end, “Never Split the Difference” is definitely a book to consider if you’re a litigator or a corporate attorney negotiating deals for your clients.  With the tips from this book in your legal toolkit, you’re well on your way to becoming much more effective in negotiations,  Remember, negotiations don’t always have to be stiff and formal.  Injecting a little humor, silence or empathy can break the ice and pave the way for more productive settlement discussions.  

Artificial intelligence, meet the legal profession. Legal profession, meet artificial intelligence. To better understand AI, I looked at Chat GPT and Gamma before tackling this article.  In seconds, the AI platforms generated material on complex topics and formatted presentations complete with graphics and authorities. Intriguing as it was, the generated information lacked the voice I imagined for this column. I have been told that the AI technology wants to be interacted with and that I could ask it questions to revise and revamp the information to be more in line with what I was looking for. That is where I drew the line.

How will AI change the ethical considerations for attorneys? If used, should there be a required disclosure at the end of the document? Should the use of AI be incorporated into the Rules Regulating the Florida Bar?

Our legal profession requires practitioners to act in good faith towards each other, towards our clients, and certainly towards the judiciary. The - Rules Regulating the Florida Bar require attorneys to present positions grounded in fact or law, or that could be an extension or modification of existing precedent.^[1] At a minimum, this requires using case law that exists and facts that are in the record.

Many emerging AI technologies are geared to providing answers the platforms think you want, regardless of whether they exist. But, these technological parameters are not grounded in the authorities that form the foundations of legal principles. Even in their beta phases, AI platforms such as Chat GPT and Gamma do not have access to the private, well-known legal research engines that have become synonymous with legal research. The AI platforms do, however, have access to any publicly available information prior to September 2011. While it is possible that case law, statutes, and procedural rules produced by these platforms in a legal document could be correct, there is no guarantee that the authorities are correct.

In the legal realm, there are several AI programs that are being tested and are still in beta. These legal-specific programs allow the user to upload documents. Another hurdle arises regarding privilege, inadvertent disclosure of confidential information, claw-back rules, and protective orders since once the information in the document is uploaded, it is now “in the cloud” and can be drawn on for other requests.

AI platforms want to provide the user with a very convincing answer, even if the platform lacks any substantive basis for the specific request. When a question is posed where information is lacking, the platform “hallucinates” an answer. In other words, the answer is a known falsity by the platform which is provided for no other reason than the AI platform’s desire to provide you with a response. Now, replace the AI platform with a lawyer, and a judge as the AI user. Under that altered scenario, an answer or argument that is provided and not formulated on existing law or facts, and is not seeking to change existing law, is a frivolous argument.

Introducing any new product or service requires a period of adaptation. I still recall a popular morning news program discussing “the World Wide Web” and “electronic mail” as foreign concepts. Some may say AI will replace lawyers based on the rapid rate it can generate a document or presentation. AI products will likely boast of the efficiency related to work tasks. Yet, efficiency does not equate to ethics. On its own, AI might not be Icarus; with the unscrupulous attorney, it might be.

Yes, we are at the advent of technological advances when it comes to practicing law. However, AI does not account for ethical considerations or possesses judgment. Attorneys do. Practicing law is more of an art than a science, and “good faith” is more cerebral than linear algorithms that can comb through multiple layers of publicly available information. At least, for now.

Therese A. Savona, Esq., is board certified by the Florida Bar in Appellate Practice and is the current Chair of the Orange County Bar Association Professionalism Committee. She has been a member of the OCBA since 2016.

[1] See R. Regulating Fla. Bar 4-3.1.

11. This was Selena’s age when she disclosed the abuse to her mother. Those disclosures to the mother would unfortunately fall on deaf ears. The mother took no real steps to stop the abuse or to ensure that it would not happen again. She did not contact the authorities. She did not remove the stepfather from the home. In fact, the most she did was install a lock on the girls’ bedroom door—a lock she forbade the girls from using to protect themselves. The stepfather would remain in the home and continue to perpetrate the sexual abuse for several more years.

16 and 14. These were the sisters’ ages when, after finally realizing their mother would never protect them, they disclosed the abuse to school personnel, who contacted the appropriate authorities. This led to the removal of the girls from the mother’s home and to the arrest of the stepfather.

In a typical case, a parent is given a court-ordered case plan where they are required to complete certain tasks, which are related to the reason for the removal of the children. In order to have the children safely returned to their care, a parent must meet “conditions for return,” meaning they must have remedied the circumstances that caused out-of-home placement to the extent that the return of the child to the home with an in-home safety plan prepared or approved by the department will not be detrimental to the child’s safety, well-being, and physical, mental, and emotional health. See § 39.522(4), Fla. Stat. Although the parents have ample opportunity to complete their case plan tasks and have the children reunified with the parents, that opportunity is balanced against the children’s right to achieve permanency in a timely manner, usually within one year of removal, and if a parent is not working diligently towards completing their case plan tasks, the Department of Children and Families or the GAL can file a petition to terminate the parents’ rights based upon the lack of completion of the case plan. I labeled this permanency scenario as a “typical” case because in most of the cases we see, parents are given an opportunity to complete a case plan and have their children returned to their care.

Unfortunately, for some children who enter the foster care system, the abuse or neglect they experience is so severe and egregious, that it necessitates having a mechanism to pursue the immediate severing of the parent-child relationship. These are known as Expedited Termination of Parental Rights (TPR) proceedings. These are often cases where we see some of the most heinous conduct perpetrated against children, such as conduct that has resulted in the death of one parent by the other parent, sexual abuse of a child by a parent, or severe physical abuse or neglect. Those examples likely lead you to the conclusion that parents who inflict that type of damage upon their children obviously should have their parental rights terminated. But what about those situations where a parent knew about the abuse but failed to act? What about Isabelle and Selena? What about ensuring that children like them no longer have to continue a relationship with a parent who repeatedly took no action to protect them from continued abuse?

Thankfully, there is a piece of legislation directly on point for this all-too-often scenario.

Section 39.806(1)(f), Florida Statutes, provides as a ground for TPR the situation where “the parent or parents engaged in egregious conduct or had the opportunity and capability to prevent and knowingly failed to prevent egregious conduct that threatens the life, safety, or physical, mental, or emotional health of the child or the child’s sibling.” Because of this section of the statute, the Department, after removal of the girls from the home, was able to file a petition to terminate the mother’s parental rights, without the need to offer her a case plan. The case would eventually go to trial, where Isabelle and Selena bravely testified about the abuse they experienced at the hands of the stepfather and how the mother failed to protect them by not taking steps to prevent further abuse. Because of their testimony, we were able to prove that the mother knew about the abuse, had the opportunity and capability to prevent the abuse, and knowingly failed to prevent the abuse, leading to a judgment terminating her parental rights. Now they no longer have to continue a relationship with the one person above all others, that was supposed to do all they could to protect them. As the GAL, our role remains the same as in any other case. We visit with the children, help to prepare them for trial and testifying, and most importantly, advocate for their best interests.

I am sure you are reading this and naturally wondering how Isabelle and Selena are doing now. I will simply say that they are making it. What they experienced will have an impact on them for the rest of their lives. They are in therapy, something they may need for years to come to help them to continue to process the abuse they have experienced and the resulting trauma. What happened to them will, without a doubt, affect how they approach relationships now and in the future. But no matter the obstacles that may lie before them, they are survivors, and their courage and bravery should serve as an example to others that may be in similar circumstances.

Throughout the hell and uncertainty, they faced, these little girls remained teachers for us all, especially me. They taught me about appreciation for the life I live and the people in it; pride in the work I do; and responsibility to use my professional talents to make my community better. If kids like Isabelle and Selena can push past so many of life’s roadblocks, it is my privilege to walk alongside them and remove as many barriers as I can.

For more information on Termination of Parental Rights, or to take a GAL case, please contact Coravious L. Cowart, at ccowart@legalaidocba.org. For more information on becoming a financial donor or helping our fundraising efforts, please contact Donna Haynes, Development Director, at dhaynes@legalaidocba.org or 407-515-1850.

Coravious Cowart, Esq., is a GAL Administrative Director of Legal Services at the Legal Aid Society at the Orange County Bar Association.  She has been a member of the OCBA since 2012.

Judge Whitehead, who has been a judge since 1994, is a circuit judge currently assigned to Juvenile Delinquency in the Ninth Judicial Circuit Court of Florida. He obtained his Bachelor of Science in Political Science from the University of Mississippi and his Juris Doctorate from the University of Florida Levin College of Law.

I asked Judge Whitehead if he would be willing to meet with me and share some of his thoughts around pro bono work and the importance of it for young lawyers and even for lawyers who may have been practicing for a while.

I was thrilled to be able to be on the other side of the interview this time and to pick Judge Whitehead’s brain on this topic. So, let us get into it.

Have you always wanted to be a lawyer?

“No. I didn’t. I had a Political Science degree and I had to make the decision to either go to graduate school or do something else. I was working at Pizza Hut in the summer at the University of Mississippi, and the Continuing Legal Education Opportunity Program was having a summer program there. I saw these new students on campus and followed them to the law school. I would sit there everyday, and the professor finally asked me if I wanted to participate in the program. I said, “Maybe.” He made me fill out the application because he brought it to Pizza Hut and gave it to me. When I filled it out, it was for the University of Florida the next year. So, I had to make the decision then of whether I was going to leave everything there in Mississippi and go to law school. I decided to go to law school.”

Did you always want to be a judge?           

“No. [Laughs]. I loved practicing law. I started out as a prosecutor, and after three years, I did criminal defense work with my law school buddy who was nine years older than me. He knew a little more about the world because he worked before law school. We also did some domestic work, and we were the first firm in Orlando, other than John Morgan’s, to advertise on the radio.

We were in our fifth year of practice, and the work was great, but there’s a price to that. I worked all the time. At the time, Judge Belvin Perry, who had originally hired me at the State Attorney’s Office, told me that we hadn’t had a black male appointed to the bench since Judge Emerson Thompson, and that was in the 1970s. This was 1993. I was 32 years old, and I didn’t want to leave my buddy, but I decided that I would do it one time. I applied      one time, and I got it. I got the appointment, and it allowed me to spend more time with my family, and that was more important to me.”

Have you ever done pro bono work in your years as an attorney?

“Yes. We were members of the Orange County Bar Association, and we could either pay or do pro bono work. We never paid. We got referral cases. My first legal job in law school was at the Legal Aid Society. I was in my second year of law school and did a paid internship at that time with Fredo Martinez, a lawyer there. We worked on a lot of civil cases, a lot of landlord/tenant stuff. People would get these solar panels on their houses back in the day and they were nowhere near what they are now and were kind of like scams. So, we (Legal Aid) represented a lot of those folks.

After becoming a judge, I became a member of the Florida Bar Foundation for 12 to 13 years.”

Is there any case that stood out to you that you have never forgotten?

“The one I do remember was when we worked on a case where a company had come in and made renovations on a house, but none of the renovations were proper. The clients were making payments, but the company would not come back in and repair, so they ended up filing suit against the company. Of course, I was at Legal Aid in the summer, so I had worked on depositions and such, but it took a few months for the case to be completed. They eventually settled the case, and the company finished the renovations. The company also gave the family a place to stay while they were completing the job.

What it showed me with that case is that people take advantage of people in poverty. You think sometimes, well, they don’t have the resources. If it had not been for Legal Aid, they couldn’t have afforded an attorney because an attorney would have wanted some type of retainer. This wasn’t a contingency fee case. They would’ve needed money to litigate, and they had no money. That’s the biggest case that stood out to me.”

Why do you feel Pro Bono work is important, and what advice would you give attorneys regarding the need to pro bono legal work?

“First of all, I would tell them to do it. Take a case. Once you see and are exposed, you will realize how important it is to be a lawyer and you will also realize that everyone doesn’t have access to lawyers like you may have. Impoverished people struggle. Even when you talk about personal injury cases, of course, their car may not be as expensive as maybe the average person, but it’s their car. Their cases may not be as big so lawyers sometimes shy away from them because their case may seem less valuable. However, pro bono work makes you become a better lawyer and appreciate what you have once you’ve represented people that need help. Those are just my thoughts.”

And there you have it folks. A word from the judiciary. I want to thank Judge Whitehead for taking the time out of his very  busy schedule to speak with me and continue to encourage those of us in this great profession.

The l term “pro bono,” short for pro bono publico, is a Latin term that means “for the public good.” I encourage and challenge every reader to consider doing pro bono work. Not only does the work grant access to justice to those who cannot afford it, but it can also be fulfilling as well in a profession that may at times seem chaotic.

For more information, or to take a case, please contact Kimberly Palmer at kpalmer@legalaidocba.org.For more information on becoming a financial donor or helping our fundraising efforts, please contact Donna Haynes, Development Director, at dhaynes@legalaidocba.org or 407-515-1850.

Kimberly Palmer, Esq, is a family law staff attorney at the Legal Aid Society at the Orange County Bar Association.  She has been a member of the OCBA since 2020.

This proposed legislation will provide more stable revenue sources for court-related services. At the time of passage, the legislation was on its way to Governor Ron DeSantis for consideration to be signed into law.

This legislation is a significant step toward stabilizing the resources Clerks of Courts need to effectively serve our diverse communities and support our judicial and law enforcement partners.

Clerks across the state are grateful to Senator Travis Hutson and Representative Adam Botana for shepherding these bills through the legislative process, and we thank the entire Florida Legislature for recognizing the longstanding challenges and supporting this issue.

Passed unanimously by the full House and the full Senate at the end of April, this bill will diversify Clerk funding through the statutory distribution of certain revenues for court-related services, allowing Clerks to direct more funding towards the services they provide.  Under the current distribution of revenues collected, Clerk budgets depend heavily on civil traffic citations, which are unstable and fluctuate from year-to-year.

These priorities are key to establishing long-term budget stability and closing the gap between available funds and current operating budgets for Clerks’ services. Clerks look forward to continuing to work with their partners in the Legislature to support their important services for residents and businesses in Florida.

There are not enough words to express my gratitude to our local Legislative Delegation for their support as my office and Clerk’s across the state continue to bring forward legislative solutions to further address the funding needed to support our offices and protect the critical services we provide.    

Until next time, 

Tiffany Moore Russell
Orange County Clerk of Courts

Why is this important in a discussion about Professionalism? Because when my father turned 80, he was asked what, looking back on the last 80 years, stood out about his life. He said without blinking “I never finished high school, but I have a daughter who’s a lawyer!” I am still proud to be a lawyer.

I am proud yet extremely humbled by this award. Especially when I look back at the names of tremendous legal giants who received this award before me. I am no legal giant. But I do have some thoughts on the issue of Professionalism. It’s a multi-faceted topic.

So often we define that term as one of ethics or civility. And although Professionalism certainly involves those issues, I’d like to pivot a bit away from traditional definitions. You see I’d like to see us broaden our focus to include another aspect of professionalism, mentorship, and inclusion. Reaching back to lift others up.

For those people who know me best, they know I hate to be left out of anything! I have to be in the loop. Don’t leave me loop-less! That’s probably why I have a heart to make sure new lawyers…and sometimes older lawyers…feel included. I don’t want anyone to be left out. Statistics show us women are leaving the profession in alarming numbers. Many for valid reasons, to raise a family, care for elderly parents, etc. But guess what?? WE WANT YOU BACK! THERE’S A PLACE FOR YOU! For the baby lawyers who are struggling to look for a job, worried about student loans and have no family or friends who are lawyers…Guess what…THERE’S A PLACE FOR YOU! For the sole practitioner who works 12 hours a day to keep the lights on and is feeling more and more isolated…Guess what? THERE’S A PLACE FOR YOU!

Professionalism also needs to extend outside the profession. It also demands we take seriously the responsibility to ensure the public has confidence in the profession. To do that, the profession needs to reflect our community. We need to embrace and promote our diversity. The best way to improve professionalism is to be intentional about bringing new lawyers along. I recently attended a luncheon forum for Seminole Florida Association of Women Lawyers in honor of Black History month featuring Iris Elijah, President of the Young Lawyers Division of the Florida Bar, and Sia Baker-Barnes who served with me on The Florida Bar Board of Governors and who hopefully will become the first female African American Florida Bar President. They made the point we need to not only take a seat at the table but make another seat at the table…and we are going to do that! Because guess what? THERE’S A PLACE FOR YOU!

I thank you for this award; for what it represents. And I thank you, my legal community, for making A PLACE FOR ME!

Professionalism also needs to extend outside the profession. It also demands we take seriously the responsibility to ensure the public has confidence in the profession. To do that, the profession needs to reflect our community. We need to embrace and promote our diversity. The best way to improve professionalism is to be intentional about bringing new lawyers along. I recently attended a luncheon forum for Seminole Florida Association of Women Lawyers in honor of Black History month featuring Iris Elijah, President of the Young Lawyers Division of the Florida Bar, and Sia Baker-Barnes who served with me on The Florida Bar Board of Governors and who hopefully will become the first female African American Florida Bar President. They made the point we need to not only take a seat at the table but make another seat at the table…and we are going to do that! Because guess what? THERE’S A PLACE FOR YOU!

I thank you for this award; for what it represents. And I thank you, my legal community, for making A PLACE FOR ME!

I so appreciate Gary Lesser taking time from his busy schedule to attend the awards ceremony with us. I congratulate the other award winners, Annie Kwong and Judge Skip Dalton. They are both very deserving award winners.

Mary Ann Morgan, Esq., is a managing partner at Morgan Trial Law. Morgan served as President of the OCBA from 2001- 2022 and sat on the Board of Governors for the Florida Bar for nine years.

We’re burnt out on being burnt out. From the essential workers who had to continue to show up for our community to those still working from home, where the lines between professional and personal life have blurred, the burnout has, quite literally, reached epidemic proportions. According to a American Psychological Association report, burnout is at an all-time high across professions. 79% of employees had experienced work-related stress in the last year prior to their survey, and nearly 3 in 5 employees reported negative impacts of work-related stress, including lack of interest, motivation, or energy at work. 36% reported cognitive weariness, 32% reported emotional exhaustion, and 44% reported physical fatigue, which is a 38% increase since 2019.

The inconvenient reality is there’s no quick fix for burnout, especially the extreme kind so many are experiencing now. But with summer approaching and children out of school, it’s a fruitful time to reconsider our personal outlooks and strategies. Here, experts break down what burnout is, the optimal strategies for treating it, and how to ultimately change your outlook.

What is burnout?

The “occupational phenomenon” of burnout, as the World Health Organization refers to it, is commonly understood as a condition that is the result of chronic stress in the workplace that hasn’t been successfully managed. It was originally thought to be specific to the human-services sector, but nowadays it is recognized as a serious occupational health condition in most sectors. It’s very insidious and can sneak up on us when we burn the candle at both ends for an extended amount of time. While burnout is a form of stress, it’s important to know the distinction between the two. You can recover from stress with certain management techniques, but burnout is a totally different animal resulting from cumulative stress that hasn’t been managed. Once burnout gets its hooks into you, you can’t cure it by taking a long vacation, slowing down, or working fewer hours.

What are the symptoms of burnout?

The key symptoms of burnout boil down to exhaustion in the form of a deep kind of fatigue that isn’t curable by resting. This permanent state of exhaustion can have ripple effects, too. It also tends to be accompanied by a very negative assessment of our accomplishments, skills, efficacy and the value of our work, and feelings of resentment about the people with whom we work—be that colleagues, clients, or the organizations in which we are embedded. When we are in a state of burnout, we may also experience brain fog and an inability to concentrate. We may be prone to procrastinate and engage in endless displacement activities. We may even have a proper nervous breakdown and become completely unable to function at work.

How did the global pandemic impact burnout?

The isolation spurred by the pandemic had a dramatic impact on the work lives of many. If we are working from home, that blurs the boundaries between our private and our work lives, between leisure and work time,” explains Anna Katharina Schaffner, a cultural historian. “The work/non-work boundary is no longer marked by walks or commutes to work and changes of location. It is much easier for work to bleed into our lives in a boundaryless kind of way.”

The isolation of the pandemic also cut people off from friends and support systems. We all experienced, and quite frankly, got used to Zooming with them but after being on screen all day, more screen time certainly was not appealing, and we know that people suffer from Zoom burnout. Along with fear of getting sick, concerns about children falling behind in school, it is no surprise burnout has become dramatically worse.

It can be said that there was disproportionate impact the pandemic had on women, with many experience the stress of working, with childcare and home-schooling. With the same number of hours available in a day, people had to do the same amount of work plus care for our children 24/7. With that environment and lifestyle, getting some sleep and practicing basic self-care, is almost mathematically and practically impossible. What’s more: These compromises come at a psychological cost. The idea of failing at work and at the education/parenting front resulted in constant feelings of guilt and failure. It is totally unsurprising that many women suffered from severe burnout during the pandemic.

How to Find Relief From Burnout – here is what my research found:

Set Firm Boundaries In today’s world, setting boundaries is becoming increasingly harder and harder by the day—but that doesn’t mean you shouldn’t try. To start, saying no to things more often and creating structure, such as not checking work email or taking work phone calls after certain hours and, on your days off.

Prioritize Self-Care Making time for self-care, whatever that looks like to you, is an essential part of preventing and treating burning out. Some people gain energy via socializing and connecting with others, while others will refuel by walking in nature, reading, painting, baking, cooking, and doing sports. Find out what re-energizes you.

Find Balance If you spend a lot of time sitting and staring at a screen at work, you should do something else to recharge in the evening and at weekends. If you are out all day moving and talking to people, you might need quiet and stillness. Your resting behaviors should be different from what we do at work. Trying and experiencing new things, learning about new topics and seeing new places and people.

Take Microbreaks and Implement Microchillers Microbreaks are tiny, impromptu respites during the workday. Five or 10 minutes is the ticket throughout the day: get up, look out a window, get a snack, step outside, and feel the breeze on your face, walk around the block. Microchillers, which are small doses of self-care of five minutes or less throughout the day. Think: mindful observation and/or meditation. Practice being in the present moment—listing as many sounds and sights as you can: the birds, traffic, just notice all the sounds you are aware of, things you see around you, smells in the air, breeze through your hair for three to five minutes. Take a deep breath. This activates your rest and digest response of your

She felt her world shattering around her. Was she going to die? She was terrified that her child would also have the virus. The doctors gave her medicines to prevent the HIV from passing to her child.  Ben had no remorse for what he had done, and Isabel fell into a deep depression. He convinced her to marry him, and he promised that he would take care of her and their baby. However, the abuse never stopped. It only got worse. When she was 5 weeks pregnant, he dragged her out of their apartment, ripped her clothes off, and left her outside naked and pregnant.  She hid in a corner hoping no one would see her.  An hour later, he finally opened the door and told her she can never argue with him and that she always has to do exactly as he said. 

When her baby girl was born, Isabel was terrified she would also have HIV and would die. The doctors ran tests on the baby for the first 3 months of her life, and thankfully, Isabel had not passed on the virus. Isabel was so relieved, and she described it as a moment of happiness that she had not felt in years!

After the baby was born, Isabel remembers a horrific incident that started when her husband wrongfully claimed she was cheating on him. He chased her down the street.  She felt something hit her head, and she fell to the ground. He got on top of her, began punching her, and ripped off her clothes. While she was naked, Ben started kicking Isabel so hard she thought he was going to kill her. Imagine being naked, on the street with people that may be able to see you in this demeaned and embarrassed state. Isabel was humiliated. After kicking her, Ben dragged her to their apartment, threw her in the bathroom, and locked the door. She fell asleep in there. In the morning she was crying because she was in pain from the beating and also very cold. He never cared. She never reported it.

Isabel never felt strong enough to leave him because she did not think anyone would want her since she had HIV. She also wanted her daughter to grow up in a family with both a mother and father; however, she realized the violence her child was witnessing was hurting her. Isabel recalls one of the last incidents of abuse looking up as she was being punched on the floor and only seeing her daughter crying as she looked straight at her. Isabel could not forgive her husband for that, and she hated herself for staying with him, for allowing the abuse to continue, and for having HIV. 

She finally got the courage to report the domestic violence to the police, and she filed an Injunction for Protection Against Domestic Violence, which was granted. She came to the Legal Aid Society for help. We determined that she had a strong case under the Violence Against Women Act (“VAWA”). Her husband had never filed for her immigration documents, as he used her undocumented status as a means to control her. We assured Isabel she did not need him and we would be by her side throughout the entire immigration process. We prepared the legal documents with the required evidence and filed them with the United States Citizenship and Immigration Services. As a result, Isabel received a work authorization card. This is what she desperately needed, as she was able to legally work and earn money to be able to provide for herself and her child. It also allowed her to get a driver’s license. Her VAWA case was eventually approved, and she recently became a legal permanent resident of the U.S. She was ecstatic! She no longer needed to rely on her abusive husband for food or money. Her child no longer witnesses her father striking her mother. As we have seen, children that grow up in an abusive home are more likely to be abusers or be abused themselves. Exposure to abuse is detrimental to a child’s physical, emotional, and educational well-being. The cycle in this case was thankfully broken, as her child now lives in an environment full of love and free of violence.

Domestic Violence is a crime of power. Being an undocumented immigrant presents another layer of obstacles. VAWA provides protection to all victims of this horrible crime regardless of one’s immigration status. Being able to become a legal permanent resident allows victims the opportunity and resources to take care of themselves and their children. All victims of domestic violence need to know that they will be offered the help that they need and deserve to move on with their lives and bring perpetrators to justice. Each of us can, and must, work together to identify, report, and prevent violence. 

If you have questions regarding VAWA or any other immigration matters that the Legal Aid Society handles, please contact Ana Bernal Roberts at aroberts@legalaidocba.org.  For information on how to become a financial donor or help with our fundraising efforts, please contact Donna Haynes, Development Director, at dhaynes@legalaidocba.org .

Ana Bernal Roberts, Esq., practices immigration law for the Legal Aid Society of the OCBA. She has been an OCBA member since 2015.