News from the Court Pro Bono Celebration Argo Corner Wall of Honor
p. 10 p. 12 p. 17 p. 21
HOPE & JUSTICE
FOR ALL
Shelley Guy Reynolds
Winter 2020 | VOLUME 9, ISSUE 4 | ESRBA.COM
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Contents
Escambia-Santa Rosa Bar Association 260 South Tarragona Street, Suite 160 Pensacola, FL 32502 Phone: 850.434.8135 email: esrba@esrba.com Lawyer Referral Service: 850.434.6009
Introducing Lexis+™ of-a-kind ecosystem of integrated ons, all in one complete experience.
Executive Director Jeff Nall jeff@esrba.com
data-driven insights, and practical guidance—working all together now, via splay that sets a precedent in simplicity, with8virtually no learning curve.
Member Services Coordinator Noah Jones noah@esrba.com Lawyer Referral Service Marilyn Kelley lrs@esrba.com
19
L RESEARCH
DATA-DRIVEN INSIGHTS
12
PRACTICAL GUIDANCE
estions
Summation Committee If you have any comments or suggestions about The Summation, please feel free to express them to any of the committee members. If you would like to join the committee, please call the Bar office at 434.8135.
ve collection of case law, secondary sources and confidently, with the perience designed to 21industry itive data, and fic issues every time.
From the President
Page 5
Announcements
Page 6
On the Move
Published quarterly by the Escambia-Santa Rosa Bar Association as a service to its membership. Articles appearing in The Summation are not to be construed as official expressions of the views of the Escambia-Santa Rosa Bar Association. Official positions are expressed only by formal resolutions adopted by a majority of the membership and will be so designated when published. Editorials are expressions of the opinion of the Editor. Due date for all advertisements, articles and announcements is the first of the month for the issue you wish to advertise in. Address all editorial correspondence to the Escambia-Santa Rosa Bar Association office. For all inquiries concerning advertising rates contact Ballinger Publishing. The Summation Committee is dedicated to providing a publication to the legal community which contains articles that are accurate, informative, entertaining, educational, relevant and timely.
Lexis Answers®
Gerald McGill Caroline Peterson Noah Jones Sheryl Lowenthal
Charlie Penrod Codey Leigh Jodi McArthur Allison Newton
Shekka Drayton Christine Kelly Fausel Garrett Hallbauer Dakota Parks
Page 7
Resolve legal questions and findSystem citable authority Oh, the Horror! Don’t Be Left without a Data Backup Page 8 without searching for and reading lengthy Member Discounts Page 9 documents—enter any natural language question News from the Court into the search and locate the answer directly Page 10 within the document where the answer is found.
News from the Clerk of the Circuit Court and Comptroller
Page 11
Pro Bono Celebration
Page 12
Trust Banking
Page 14
Report from the Board of Governors
Page 16
Argo Corner
Page 17
faster by reviewing Introducing Lexis+™ centration of your or content types— Which Lawyer Are You? each full document.
Page 19
Wall of Honor
Page 21
Young Lawyer’s Division
Page 22
Page 20
Owner Malcolm Ballinger Publisher Malcolm Ballinger Executive Editor Kelly Oden Editor Gina Castro Art Director Guy Stevens Graphic Designer & Ad Coordinator Garrett Hallbauer Assistant Editor Dakota Parks Sales & Marketing Paula Rode, ext. 28 Becky Hildebrand, ext. 23 Visit our Website at.ballingerpublishing.com Editorial Offices: 314 North Spring Street, Suite A Pensacola, Florida 32501 850-433-1166 | Fax 850-435-9174 Reproduction or use of the contents herein is prohibited without written permission from the publisher. Comments and opinions expressed in this magazine represent the personal views of the individuals to whom they are attributed and/or the person identified as the author of the article, and they are not necessarily those of the publisher. This magazine accepts no responsibility for these opinions. The publisher reserves the right to edit all manuscripts. All advertising information is the responsibility of the individual advertiser. Appearance in this magazine does not necessarily reflect endorsement of any products or services by Ballinger Publishing. © 2020 Ballinger Publishing. All Rights Reserved.
Winter 2020 | 5
From the President As we approach the holidays, the traditional gatherings may look different than in years past, but one tradition can remain the same: taking the time to be grateful for what we have. My gratitude list includes being thankful for the community of legal professionals continuing to work together to adapt to the challenges posed by COVID-19. We have grown more confident with technologies we might have rejected in the past as we continue the work of the justice system. We have gathered electronically for continuing legal education and conducting the business of the Escambia-Santa Rosa Bar Association. We may be experiencing a tidal wave of change as a result of COVID-19, but we have stayed afloat as a community of lawyers. by Heather Lindsay
With great change, even we lawyers, characteristically confident we can analyze our way through a challenge, are confronted with uncertainty that is not manageable. We have no date calendared for the restoration of what we considered normal as this year began. Being frustrated and sad because of the limitations imposed by the circumstances of 2020 seems to be the “new normal,� but we can resist the isolation by remaining in contact with each other. We can maintain a positive mindset through connections with one another, which become more useful as we navigate change. The year 2020, more than other years I can remember, has demanded patience as we adapt to what we cannot change and analyze how to overcome new obstacles. I have always been grateful to work in a profession in which I can learn something new every day, but this year I have been grateful for the issues that are easy, the comfort of the familiar problem I already know how to solve. Mustering the patience and creativity required in these times is more manageable, I find, when I take the time to reflect on even the smallest reasons for gratitude. I hope everyone finds joy in the here and now as we enter the holiday season, and that creative ways of adapting to these times are inspired by these moments of reflection. Ultimately, I am confident that so long as we are mindful of the importance of our relationships with one another, we can find ways to thrive even in times of uncertainty.
6 | The Summation
Announcements The Escambia-Santa Rosa Bar Association
The Escambia-Santa Rosa Bar Foundation
Executive Council
Board of Directors
Officers President Heather F. Lindsay
Officers President Adrianna Spain
Vice President Garrett P. LaBorde
Vice President Shekka Drayton
Secretary Aaron T. McCurdy
Happy Holidays
Treasurer Christine A. Kelly Fausel Immediate Past President Warren R. Todd ExecutiveCouncil Shekka Drayton Jessica Etherton Rebecca Gilliland Joe Kirkland Frederick V. Longmire Stephen Luongo Cecily M. Parker Joseph A. Passeretti Haley VanFleteren Young Lawyer Representative Travis Morock
The Executive Council and staff of the Escambia-Santa Rosa Bar Association wish our members, their families and the community, a wonderful holiday season.
Holiday Closures
ESRBA The courts of the First Judicial Circuit will be closed December 24, 25 and January 1. The United States District Court, Northern District of Florida courthouses and federal buildings will be closed on December 25 and January 1.
January ESRBA Meeting
January 4, 2021 | 12 – 1 pm Presenter: Dr. Joseph Marshall, Pastor of St. John Divine Missionary Baptist Church and Chairman of the Pensacola Police Advisory Committee. This Bar Meeting will be held via Zoom. Please monitor your email as we will be sending out the registration link soon. Cost: Complimentary for ESRBA members
February ESRBA Meeting February 11, 2021 | 12 – 1 pm Please mark this date on your calendar. More information will be announced as we get closer to the event. Sponsors:
Continuing Legal Education Online Library: cle.esrba.com
Listen at your desk or on the go. Our On-Demand CLE Library (cle.esrba.com) of past CLE live seminars is available for download. With a few clicks, a folder with the audio tracks, CLE certificate, and any handouts and PowerPoints provided at the live seminar will be on your device and ready for use. The audio can be downloaded in any file type that you would like including MP3, FLAC, ALAC, AAC, Ogg Vorbis, WAV, and AIFF formats. For your convenience and ease of listening, the seminars can also be streamed directly from the library. For ESRBA members, call the Bar Office at (850) 434-8135, ext. 1 for your 40% discount code. The discount can be applied to every title in the library. Go to cle.esrba.com to get your credits today!
Secretary & Treasurer John “Buz” Windham Directors Stephen Echsner Kristin Hual Heather Lindsay (ESRBA President) Sheldon Bernau Jodi Dubose Jeremy C. Branning Steve Traylor Patrick Martin Warren Todd Cameron Gore Escambia-Santa Rosa Bar Association Young Lawyers Division
Board of Directors Officers President Travis Morock Vice President Andrew Spencer Secretary & Treasurer Michelle Nguyen Past President Kelsey Stone Directors Caitlyn Miller Cecily Parker Logan Sliva
We’re Social! Connect with us on social media ESRBA FACEBOOK
YLD FACEBOOOK
FACEBOOK.COM/ESRBAFL FACEBOOK.COM/ESRBAYLD TWITTER.COM/ESRBAFL LINKEDIN.COM/COMPANY/ESCAMBIASANTA-ROSA-BAR-ASSOCIATION
Winter 2020 | 7
On the Move Moves Amanda Lynch Elliott
is now with Modern Legal, P.A. Their address is 782 Whitney Dr, Pensacola, FL 32503. She can be reached at 850-324-3922 and amanda@themodernlegal.com.
On December 1, 2020, Ross Keene Law, P.A. will be
moving to 219 East Garden St, Suite 302, Pensacola, FL 32502. His phone number is still 850912-4799, and his email address is still rkeene@rosskeenelaw.com.
Attorney Aaron Watson and Kimberly Watson Launch New Foundation to Benefit Area Families Pensacola attorney Aaron Watson and his wife Kimberly Watson have announced the launch of The Watson Family Foundation (“the “Foundation”), a 501(c)(3) non-profit organization. The Foundation assists Northwest Florida families with hardship relief, school readiness support, faith-based outreach, and mentorship to local families. The Foundation is a dream and collaboration of the Watson Family that has received tremendous community encouragement since the establishment of the Watson Firm, PLLC, in 2016 – a personal injury law firm in Pensacola. The Foundation has also launched a new website that allows donors to contribute online. Currently, the Foundation is raising funds to support its annual Thanksgiving Turkey Giveaway.
New Members Rhett Williams
Clark Partington rwilliams@clarkpartington.com
Michael McDonald
Cole, Scott & Kissane michael.mcdonald@csklegal.com
Hannah Lee Rodgers
Aylstock, Witkin, Kreis & Overholtz PLLC hrodgers@awkolaw.com
Amanda L. Kidd
Boyd & Jenerette, P.A. akidd@boydjen.com
Big Brothers Big Sisters of Northwest Florida recently announced their 2020-2021 Governing Board of Directors. A compassionate and dedicated group of individuals, the BBBSNWFL Governing Board includes Treasurer Ben Shell of Emmanuel, Sheppard & Condon and Board Member Robert Powell of Clark Partington.
On the Move submissions may be sent to esrba@esrba.com
8 | The Summation
Oh, the Horror!
Don’t Be Left without a Data Backup System by Jared D. Correia, Esq., Founder/CEO Red Cave Law Firm Consulting
Photo by Markus Spiske on Unsplash
You know what’s really scary? Losing your law firm data. Even so, many law firms don’t utilize effective data backups. Every business needs to backup its electronic data. But, the imperative is even more important for law firms, which have ethical and fiduciary duties tied to their client relationships. Although it’s now 2020, many law firms subsist on remarkably thin data backup systems.
This situation is true even though law firm data loss is not an extremely rare or impossible occurrence. Fires, floods, natural and manmade disasters—those all still wipe out law firm data. So, if you’re concentrating on securing your law firm data backup, there’s no time like the present to get a handle on it. There is a three-step method to making sure your data is recoverable:
1. Set up a physical data backup. It doesn’t really matter what it is (some firms still use backup tapes)—just have something in place. (If you’re picky, check out an ioSafe harddrive; these things are basically indestructible). And, whatever physical backup tool you use, don’t leave it at your office, with all of your other hardware. Take it to another location at the end of the day—the last thing you want is to have your on-premise data backup unit engulfed in the same disaster that takes down the physical hardware it’s supposed to be backing up. 2. Next, you’ll want to supplement your physical data backup drive with an incremental, online backup system, like Carbonite. The idea here is that if the physical drive fails, you have a cloud-based copy; and conversely, if the online copy is unavailable, you have a physical backup. Services
also provide physical drives with a cloud-based backup, if you’re hunting for a 2-in-1 solution. 3. And, last but not least, you should always test your data backups in non-emergency situations, just to see if they are working properly. The last thing you want is to be trying to figure out how your data backup works (or determining whether it works at all) in a true emergency.
4 If you’re not backing up your backup, we can help. The Escambia-Santa Rose Bar Association now offers discounted law practice management consulting services through Red Cave Law Firm Consulting. To access consulting services visit the official Escambia-Santa Rosa Bar consulting portal, and start running your law firm like a business.
Winter 2020 | 9
Member Discounts Gravity Legal
Get paid faster, reduce your accounts receivable, take electronic payments into trust, accept credit card, debit cards, and eCheck and integrate with many of your existing systems. Gravity Legal is the financial payments and money management platform for innovative entrepreneurial attorneys and law firms. ESRBA members have the option of two compelling pricing plans and receive a year of free ACH(eCheck) on transactions up to $15,000. Sign up at gravity-legal.com/esrba.
Phipps Reporting
Phipps Reporting is your one-stop shop for your litigation needs: court reporting, process serving, video recording, interpreting services, case management, trial litigation support, on-line notary services. Offices from Miami to Panama City; satellite offices worldwide. Offering free: • WebX and Zoom meetings, facilitation/logistics, conference rooms. • Zoom training - individuals or groups; allows for discussion and questions; Zoom basics or specific topics such as exhibit handling. • phippsreporting.com/remote-litigation-academy/. Learning paths designed to help establish best practices in remote litigation. Contact Joann Gore, Business Development Director, to schedule FREE training or services: jgore@phippsreporting.com, 850-610-0227.
Red Cave Law Firm Consulting
Members can access world-class business management consulting for law firms at an exclusive discount. We can help you to build a modern law firm, get efficient and increase your revenue. Start today! redcavelegal.com/ esrba.
National Purchasing Partners (NPP)
Through a partnership with National Purchasing Partners (NPP), ESRBA members can receive discounts and special offers from the national retailers listed below. NPP is a B2B marketplace where members can save on products and services they use every day. Membership with NPP is FREE. To access the discounts listed below and more, enroll your company today! 1. Visit mynpp.com/association/esrba/. 2. Click “Start Saving” and enroll your firm. You must enroll the firm as a business to access these discounts. 3. Once your firm registration form is submitted, you will receive an account verification email within a few business days to complete. 4. After you’ve verified the firm account and setup login credentials, you can activate the offers below
and more. (No need to worry about multiple firm submissions. Any duplicates will be merged.) Want to enroll in the employee discount program? Talk to your employer to see make sure the firm is enrolled with NPP via mynpp.com/association/esrba/. If your firm is not enrolled, enroll it following the steps above. Once your firm is enrolled with NPP, employees can enroll and save too! Questions: please contact Jennifer Bourgault, our NPP Regional Account Manager: Email: Jennifer.Bourgault@mynpp.com Phone: (206) 494-4620 NPP Main Line: (800) 810-3909
American Express
Business cards for companies of all sizes. Get built in tools, perks and rewards for businesses like yours – backed by the award-winning customer service and support of American Express. Choose the right solutions for your business. Sign up and save at mynpp.com/association/esrba/.
Hotelogical
Receive up to 70% OFF hotels and resorts worldwide with a FREE access to Hotelogical’s unpublished, member-only rates. Start saving with special member deals at mynpp.com/association/esrba/.
Office Depot
With more than 16,000 in-stock office supply products, Office Depot products and services meet the needs of NPP members nationwide. Sign up and save at mynpp. com/association/esrba/.
Priceline
NPP members save up to 25% on select hotels when packaged with a rental car, flight or additional hotel booking. Sign up to access deeply discounted hotel deals worldwide at mynpp.com/association/esrba/.
Verizon Wireless
Eligible businesses can receive 22% OFF monthly access fees* and up to 35% OFF select smartphones, tablets and accessories. Enroll your business and start saving with the nation’s largest, most reliable 4G LTE network at mynpp.com/association/esrba/. *All Verizon Wireless offers are for a limited time only and are subject to equipment availability. Verizon Wireless reserves the right to change or modify all offers at any time without notice. All terms and conditions are subject to and governed by Verizon Wireless’ Agreement with Customer, including, but not limited to, Customer eligibility requirements. Every effort is made to ensure the accuracy of the Verizon Wireless offers, however, Verizon Wireless is not responsible for any errors or omissions. Restrictions may apply. Visit mynpp.com for details.
Business participation in the ESRBA Member Benefits & Discount Program does not constitute endorsement, recommendation, or favoring by ESRBA.
10 | The Summation
News from the Court Chief Judge Miller
A
s 2020 draws to a close, with no clear end in sight to the pandemic, it seems appropriate to share with you in this “Chief ’s Corner” a positive perspective on the developments in the judicial system occasioned by the COVID-19 virus. Changes in the court system tend to be incremental, and I cannot recall another instance in which we have faced such a rapidly developing crisis which necessitated such a radical and ever-evolving response from the institutions of government. I am pleased to say that we are meeting our challenges, and I believe that many of the changes brought about by the virus may ultimately make us a more nimble and responsive court system. I venture to say that, like most people, those of us within the judicial system had no inkling that the pandemic would have the far-reaching effects which it has had on our courts and indeed, on society as a whole. In early March, when it became clear that the virus was a growing concern, Chief Justice Canady of the Supreme Court of Florida took immediate action with emergency orders designed to allow for greater flexibility in the manner in which court proceedings are conducted. Shortly thereafter, Justice Canady created the Workgroup on the Continuity of Court Operations and Proceedings During and After COVID-19, which was charged with finding ways to operate as fully and
safely as possible during each stage of the pandemic. Justice Canady and the Workgroup have provided timely, detailed, and practical direction from the outset. In addition, court technology staff have worked tirelessly to quickly transition from a traditional in-person court model to one in which court proceedings are largely conducted remotely via laptop and tablet devices. As a result of these efforts, courts throughout the state, including the First Judicial Circuit, have been able to continue the work of the courts via remote means to an extent which would have been inconceivable in January 2020. Dozens of hearings are being conducted by Zoom daily in the circuit, on matters ranging from bond hearings in criminal cases to divorce proceedings. While remote proceedings are not ideal in every circumstance, the quick adaptation to remote technology has enabled the courts to strike an appropriate balance between continuing the critical work of the courts and maintaining the safety of all participants. A new camaraderie has also emerged in this time of crisis. The Florida courts have always been committed to working with all of our partners in the justice system to ensure the fair and timely resolution of cases. However, as a result of having to develop the “new normal” that we must embrace until the end of
this crisis, new relationships have been forged, and I have seen a willingness and enthusiasm among various agencies which has been critical in formulating the way ahead for our Circuit. It is heartening to see that when unforeseen circumstances arise, we are able to meet the challenges we face due to the positive attitude and collaborative and innovative spirit of those with whom we work each day. As of this writing, the future remains unclear. Guidance as to how we proceed in the coming weeks and months will continue to come from the Supreme Court of Florida, as informed by the Workgroup, and we will continue to operate to the fullest extent possible, while ever mindful of our responsibility to ensure public safety. We all look forward to the day when daily life returns to a semblance of the normalcy we enjoyed as we rang in the New Year in January. For those of us in the judicial system, that includes jury trials and in-person hearings which are not confined by social distancing requirements and constant attention to positivity rates and other relevant data. It is the job of the courts to deliver justice effectively, efficiently, and fairly, and we will continue to do so by all necessary, practical, and permissible means. I consider myself fortunate to be a part of the way forward, and, as always, welcome any suggestions as to means by which we might improve.
Winter 2020 | 11
News from the Clerk of the Circuit Court and Comptroller Pam Childers
Changes to Circuit Court Appellate Jurisdiction and Filing Fees
T
he Florida State Constitution permits the Legislature to define the jurisdiction of the circuit and county courts, including the appellate jurisdiction of the circuit court. As far back as 1974, the circuit court has exercised appellate jurisdiction over appeals of county court orders and judgments. This general rule remains in place today except in cases where: 1) the amount in controversy is greater than $15,000; 2) the judgment or order being appealed declares a state statute invalid; or 3) the issue being decided is certified by the county court to be of great public importance. On January 1, 2021 the appellate jurisdiction of the circuit court will change significantly. In the 2020 legislative session, the Florida Legislature passed Senate Bill 1392, and on June 11, 2020, the Governor signed the same into law. SB 1392 provides that beginning January 1, 2021 county court judgements and orders will no longer – as a general rule – be appealed to the circuit court. Under this new law, the circuit court’s appellate jurisdiction over appeals from final administrative orders of local government code enforcement 1
Fla. Stat. 26.012(1) (2020)
boards remains unchanged. New statutory language also provides that circuit courts have appellate jurisdiction “…of reviews and appeals as otherwise expressly provided by law.”1 This catchall language is more of a clarification, rather than an addition. A number of other provisions of law provide the circuit court with appellate jurisdiction to review decisions of certain state agencies, boards, and local government entities. These jurisdictional revisions will also bring about changes to filing fees associated with appeals from county courts. Currently, an appeal from county to circuit court incurs a filing fee of $280.00. After January 1, 2021, appeals from county to district court will incur a $100.00 filing fee, payable to the Escambia County Clerk of Court, and a $300 case initiation fee, payable to the Clerk of the District Court of Appeal. The $100.00 filing fee is assessed for filing the notice of appeal and is paid through the Florida Court’s E-Filing Portal immediately upon filing. The $300 filing fee may also be paid through the E-Filing Portal after the appellate case number is assigned
by the DCA Clerk. Information about paying filing fees to the DCA Clerk can be found at www.1dca.org/Resources/eFiling-Resources. Changes to the circuit court’s appellate jurisdiction come just a year after the Legislature raised the monetary jurisdictional limit of county court from $15,000 to $30,000. This change, effective January 1, 2020, will be in place until the jurisdictional threshold of county court will automatically move up to $50,000 on January 1, 2023. We may see more changes ahead as the Office of the State Courts Administrator will be submitting a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives by February 1, 2021. This report will include a review of fees to ensure adequate funding and will also make recommendations regarding adjustments to the county court’s jurisdiction. Authored by Codey Leigh, General Counsel, on behalf of Pam Childers, Clerk of the Circuit Court and Comptroller.
12 | The Summation
Pro Bono
and What It Means for “Hope and Justice for All” by Colleen D. Mullen the capacity, a struggle many nonprofits face. Pro bono attorneys are a link that works towards closing the justice gap. These volunteers are ambassadors and supporters who show a passion for making their world more equitable and making a better life for their neighbors. Shelley Guy Reynolds is just that kind of attorney. Reynolds graduated from The Florida State University School of Law in 1989 and immediately began her legal career in the juvenile division at the State Attorney’s Office in Escambia County. Her time working with families and their young children made an impression on Reynolds and impacted how she supports legal aid in her career. Once she began her own practice, she could be more discerning with her time and chose to work with LSNF on both domestic violence and child delinquency cases. Without a doubt these achievements illustrate the virtues and selflessness of Reynolds; however, it is truly her unwavering support of children and vulnerable families that reflects her lifelong accomplishments. In LSNF’s nomination for The Florida Bar President’s Pro Bono Service Award, we recounted a story that so perfectly sums up her dedication to working with children.
L
IKE SO MANY OTHER LAW FIRMS, WE SEE IT ALL at Legal Services of North Florida (LSNF), from those impacted by hurricanes or a pandemic to those made victims by their own loved ones. LSNF staff are on the front lines of defending the rights of the vulnerable and giving
voice to the voiceless. Whether there’s a disaster or peace, people face legal challenges every day that shake their entire world. With well over 270,000 eligible individuals across LSNF’s 16-county service area, we serve over 6,000 individuals and families every year at LSNF. The need is greater than
In only seven months, Reynolds clocked more than 250 hours to help one child, and not just on one case, but multiple cases, battling prior injustices this particular child suffered. This child was a victim of abuse and while in the foster care system, had seen well over 50 beds. Reynolds fought to keep this child in a stable home and to make sure they didn’t land in yet another tumultuous
Winter 2020 | 13
location. While she faced adversaries, she put her client first and eventually, with the support of LSNF co-counsel and a Guardian Ad Litem, Reynolds won that stability for the child who had already suffered so much. For Reynolds, children truly have a special place in her heart and when LSNF called her to that cause, she came quickly. This devotion to pro bono service won her statewide recognition in 2020 when she received The Florida Bar President’s 2020 Pro Bono Service Award. The annual awards recognize those who make public service commitments and raise public awareness of the volunteer services provided by Florida lawyers. Established in 1981, The Florida Bar President’s Pro Bono Service Awards are intended to encourage lawyers to volunteer free legal services to the poor. Florida attorneys report that they collectively provided more than 1.6 million hours of free legal service. Legal services organizations help those in their communities who otherwise would not have access to legal help and, by extension, justice. The volunteer attorneys we work with provide representation to clients for civil legal issues including family law, housing, public benefits, employment, education and health care. This legal help allows the client to succeed and directly impacts the economy of our communities. A 2016 study by Legal Services Corporation (LSC) found that investments made in pro bono legal services organizations like LSNF and other partner agencies, not only resulted in thousands of individuals receiving legal benefits, but also millions of dollars being reinvested in the local economy. These benefits are tangible for our community and for the clients being served. The goal of LSNF staff and our host of pro bono attorneys is to offer a chance at justice for income-eligible
residents through representation that is conducted with an efficiency and quality comparable to that of the private bar. LSNF’s pro bono programs include legal clinics through each of its 5 offices, CLE trainings to their pro bono attorneys, and helpline support for clients seeking advice. LSNF is unique in that we are able to offer no-cost civil legal help to qualifying individuals; however, this can only be achieved through a combination of community support of time and donations. It is through these relationships that we continue the services we offer across all 16 counties; including the generous time our pro bono attorneys offer simply through answering a phone call, attending a legal clinic, or taking a case for full representation. Shelley Guy Reynolds took up this charge. She stepped in with her legal acumen and helped this child avoid the snowballing of their history into a life that now has hope for a brighter future. Not every case requires this much time. Not every client faces such high stakes. Every client helped by a pro bono attorney can find more stability by knowing their legal options, leading to better choices and a better path. As attorneys, we light that path.
We encourage you to thank Reynolds on our behalf the next time you see her. Thank her for her dedication and being one of those lights. ABOUT THE AUTHOR Colleen D. Mullen, Esq. is the Director of Pro Bono and Volunteer Engagement at Legal Service of North Florida. For more information, go to www.LSNF.org. or call 850-385-9007. ABOUT LEGAL SERVICES OF NORTH FLORIDA Legal Services of North Florida (LSNF) is one of seven legal services organizations in Florida funded by the Legal Services Corporation (LSC). LSC is a private, not-for-prof it Corporation created by an Act of Congress to ensure low-income people have equal access to the courts nationwide. LSNF receives f inancial assistance primarily from the following sources: Legal Services Corporation, The Florida Bar Foundation, Department of Justice, Internal Revenue Service, the Area Agency on Aging, United Way, the Attorney General, local governments and private contributions. LSNF is a private non-prof it organization providing case representation and advice to persons of low-income. For more information about LSNF, visit lsnf.org.
ESRBA Member Pro Bono Award Nominees Clayton J.M.
Sally Bussell Fox
Gayle J. Ryba
Karin A. Garvin
Daniel Saba
Robert C. Allen
Christopher Johnson
Tara Lee Said
William Arthur
Angela J. Jones
Eric Schurger
Brightwell
Heather Fisher
Sean Seely
Adkinson
Antonio Bruni
Lindsay
Margaret T. Stopp
Jennifer Byrom
Kramer Litvak
Margery Thorp
Evin Dyess Childs
R. Ian MacLaren
Stanley Walker
Joel M. Cohen
John Robert Mahoney
Sarah S. Walton
Kristina M. Cook
Wanda E. Radcliffe
Wyndi L. Wheaton
Daniel J. Finelli
Louis Francis Ray
Stephanie White
14 | The Summation
TRUST BANKING
Trust Banking IRREVOCABLE
Irrevocable Trusts, Beneficiaries/ TRUSTS, BENEFICIARIES/ Remaindermen, Financial REMAINDERMEN, Planning and Cash Flow Analysis
FINANCIAL PLANNING AND CASH FLOW ANALYSIS
by Sheldon F. Bernau, CPA, CGMA, CDFA will refer to an investment they have heard
Linear returns, as viewed by many when researching investment returns, are often question why the Trustee doesn’t invest in one of the contributors to a false sense of t can be traumatic when an that particular asset to generate the return security in financial planning. oftenin t can be traumatic when an individual passes away of an Irrevocable Trust gives direction to theHow Trustee individual passes away — whether needed? How do you communicate to a have we heard someone say, “if you put your — whether it’s the loss of a partner, parent, relative caring for whom the Grantor wishes to provide. One of it’s the loss of a partner, parent, relative beneficiary how you have the funds invested? money in a particular investment you can or friend. Many have lost the one who helped care the responsibilities of the Trustee is investing assets of the or friend. Many have lost the one who you demonstrate retire comfortably?” Statements this are them financially, who “heldHow thedo purse strings” ora reasonable Trust in a prudent manner (read the “Uniformlike Prudent helped care forfor them financially, who “held withdrawal rate of funds that can be drawn often made for segments of asset markets, was the one who “understood finances,” leaving the Investor Act” and the “Prudent Man Rule”) to provide the purse strings” or was the one who from the trust challenges. without compromising its fund returns, etc., and while those survivorleaving withthe additional appropriately formutual the needs of beneficiaries. Another “understood finances,” survivor unencountered long-term efficacy? The world we live in as returns have been achieved over time, the Considering these issues in advance provides an purpose is the administration of the document as directed with additional unencountered challenges. Trustees has become increasingly complex, manner or variance in which those returns opportunity to name an individual or institution to act by the Grantor. Within this duty of administration resides Considering these issues in advance provides yet these questions cangap be answered utilizing have beendistributions achieved are ofwithin much guidelines greater an irrevocable trust, to stand in the the responsibility to make an opportunityas to Trustee name an of individual or left by the decedent, and to act as fiduciary over the financial planning tools readily available. Two importance when you begin drawing of the document, which often involves discretion. off institution to act as Trustee of an irrevocable financial affairs of the beneficiaries or remaindermen. financial planning tools of great importance those is investments. of returns is why The use of discretion paramountVariance to the administration trust, to stand in the gap left by the decedent, Whether established by the maturing of a Will as a are the budget and cash flow analysis. budgeting and investment returns are of the trust document. The Grantor and attorneyalone cannot and to act as fiduciary over the financial Testamentary Trust, or through a Revocable Trust funded enough, and the variance and consistency anticipate all the not future possibilities when beneficiaries, affairs of the beneficiaries or remaindermen. during the lifetime of the Grantor, the general the purpose Determining Needs of the or not, may of portfolio are pay morefor justified requestinvestment the trustreturns account Beneficiary through Budgeting important than the overall average return. certain expenses. Beneficiaries may not have a reasonable Whether established by the maturing of a
I
BY SHELDON about F. BERNAU, CPA, CGMA, CDFA that provides “X” rate of return and
I
comprehension of how long the funds will last. Perhaps THE FIRST DUTIES Will as a Testamentary Trust,FOUR or through a they willisrefer toCash an investment they have My personal favorite form of budgeting Flow Analysis andheard about AND POWERS OF TRUSTEE Revocable Trust funded during the lifetime that provides “X” rate of return, and questions the “zero-based budget,” which analyzes Monte Carlo Simulation forwhy the TO FLORIDA STATUTES: of the Grantor,ACCORDING the general purpose of THE an Trustee doesn’t invest in that particular asset to generate needs annually and evaluates line items Portfolio Management Irrevocable Trust gives direction to the the return needed? How do you communicate to a for reasonableness. For those living on a Section 736.0801 Duty to administer trust. Trustee in caring for whom the Grantor beneficiary how you have the funds invested? How do relatively fixed income (i.e., there aren’t Whether the terms of a document are wishes to provide. One of the responsibilities Upon acceptance of a trusteeship, the trustee shall you demonstrate a reasonable withdrawal rate of funds virtually unlimited funds available), liberal, the assets are significant, or the administer the trust in good of the Trustee is investing assets of the Trust faith, in accordance that can be drawnbeneficiary from the has trust without compromising thisinterests is important to address early in the assets of their own that may with its(read terms purposes and the of the in a prudent manner theand “Uniform itsplanning long-term efficacy? The world we live in astoTrustees relationship. I compare financial or may not impact the decision make a beneficiaries, and in accordance with this code. Prudent Investor Act” and the “Prudent has become increasingly complex, yet theseclear: questions to the proverbial road trip where, if distribution, one truth remains There Man Rule”) to provide appropriately for Section 736.0802 Duty of loyalty.— (1)a wrong turn, the earlier can be answered utilizing financial planning tools you take you is a relatively finite amount of money that the needs of beneficiaries. Another purpose readily available. Two financial planning tools of great address and correct it, the better. can be distributed. This amount is impacted As between a trustee and is the administration of the document as the beneficiaries, a importance are the and cash flow trustee shall administer the trust solely in the by budget the life expectancy of theanalysis. beneficiary, the directed by the Grantor. Within this duty of interests of the beneficiaries. If nine hours into a 12 hour road trip you expected rate(s) of return on the underlying administration resides the responsibility to Determining the needs of the realize you took a wrong turn, the make distributions within guidelinesImpartiality. of the Section 736.0803 results could be disastrous. You Beneficiary through Budgeting document, which often involves discretion. If a trust has two or more beneficiaries, trusteeof miles in the MyBpersonal uild a plan thatform is realistic favorite of budgeting is the “zeromay bethe hundreds shall act impartially in administering the trust based budget,” which analyzes needs annually and wrong direction, and depending Utilize your assets in the most efficient manner The use of discretion is paramount toregard the property, giving due to the beneficiaries’ evaluates line items for reasonableness. For those living on your plans, might find them administrationrespective of the trustinterests. document. The etermine what is reasonable and whatvirtually is not relatively fixed income (i.e., there aren’t unachievable. The same can on a D Grantor and attorney cannot anticipate all unlimited funds available), this is important to address be said for an individual who Section 736.0804 Prudent administration. the future possibilities when beneficiaries, Generate a reasonable return wants to spend an unrealistic early in the relationship. I compare financial planning justified or not,Amay request theadminister trust account trustee shall the trust as a prudent roadneeds trip where, if you take a wrong xamine your annually because they perceive to theEproverbial would, by considering theamount purposes, terms, pay for certain person expenses. Beneficiaries may turn, the earlier you address and correct it, the better. the portfolio to be so great distribution requirements, not have a reasonable comprehension of and other circumstances Tailor to into youra needs If nine hours 12 hour road trip you realize you it won’t run out of money. of the trust. In satisfying this standard, the trustee how long the funds will last. Perhaps they shall exercise reasonable care, skill, and caution.
20 — FLORIDA BANKING THE VOICE OF FLORIDA BANKING
took a wrong turn, the results could be disastrous. You
Winter 2020 | 15
The First Four Duties and Powers of Trustee According to the Florida Statutes: Section 736.0801 Duty to administer trust. Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this code. Section 736.0802 Duty of loyalty.— (1) As between a trustee and the beneficiaries, a trustee shall administer the trust solely in the interests of the beneficiaries. Section 736.0803 Impartiality. If a trust has two or more beneficiaries, the trustee shall act impartially in administering the trust property, giving due regard to the beneficiaries’ respective interests. Section 736.0804 Prudent administration. A trustee shall administer the trust as a prudent person would, by considering the purposes, terms, distribution requirements, and other circumstances of the trust. In satisfying this standard, the trustee shall exercise reasonable care, skill, and caution. assets, and the volatility and distribution of the returns on the underlying assets. Kushal Agarwal wrote an article, “The Monte Carlo Simulation: Understanding the Basics,” which gives insight into the value Monte Carlo analysis and simulation provides, along with the greatest factors impacting a simulation when used for portfolio management. Not only does the use of Monte Carlo simulation identify ranges of potential returns and reduce uncertainty in planning around those returns, it also identifies lifestyle adjustments and modifications that may have significant impact on the likelihood of a portfolio lasting throughout retirement (whether that be a traditional retirement, or the lifetime of income needs of the trust beneficiary). Our objective using the analysis should be a guide of what can be reasonably expected and understanding it is unable to account for outliers like bear markets and recessions.1 When working with beneficiaries of irrevocable trusts, they often have assets of their own, income from jobs or businesses
1
Lifetime Relationships How often should a Trustee update and review the budgets and cash flow with a beneficiary? While every situation is unique, annual portfolio reviews provide an opportune time. As with our example of the traveler making changes early, the benefits of making small adjustments over large ones and timing budget and cash flow reviews to annual portfolio reviews have additional benefits. Such adjustments help tie the impact of decisions with recent portfolio returns, good and bad. Clients need to understand that the reason they don’t spend an inordinately large amount of money during or following market successes is to generate a cushion for lean years. Conversely, clients who follow this process are less likely to experience a significant budget cut after a lean year because they were disciplined during years of plenty.
they own, or a spouse with assets and income that may be included in the analysis. The position of the Trustee should demonstrate care and concern for the individual while remaining pragmatic in planning. Handled appropriately, the Trustee, as an advisor, demonstrates why there may not be hard and fast, “right” or “wrong” answers to risk, timeline, cash needs, expectations, etc. Each has an impact on the plan, that when considered in total, may be significant. Similarly, like the traveler who made the wrong turn, the earlier changes are addressed, the easier the journey will be.
Using annual budgeting and the Monte Carlo simulations, a Trustee demonstrates the impact of several variables, including individual risk tolerance, timing and amount of distributions, asset allocation, and personal assets available to the beneficiary. These tools provide the Trustee support in outlining the process to beneficiaries as they make important lifestyle choices and consider the impact of those decisions. Such planning allows a Trustee to administer the Trust in accordance with Florida Statutes and implement the Grantor’s intent of setting aside funds for the lifetime of beneficiaries.
There are times that even many small adjustments are unable to correct the course of direction a beneficiary would like to take, and it is in this scenario the budget, along with cash flow simulations, are of even greater value. Monte Carlo cash flow simulations provide support for expected outcomes, and when desired outflows are significantly greater than realistic expectations, it is a helpful tool to demonstrate benefits to delayed or reduced spending.
Disclosure: The information, analysis and opinions expressed herein are for general and educational purposes only, and do not constitute investment, legal or professional advice. Opinions expressed are subject to change without notice. Trust services for Synovus are provided through Synovus Trust Company, N.A. Investment products and services are not FDIC insured, are not deposits of or other obligations of Synovus Bank, are not guaranteed by Synovus Bank, and involve investment risk, including possible loss of principal invested.
Kushar Agarwal, The Monte Carlo Simulation: Understanding the Basics, https://www.investopedia.com/articles/investing/112514/monte-carlo-simulation-basics.asp
16 | The Summation
Report from the Board of Governors from Jeremy Branning
T
he Florida Bar Board of Governors met via Zoom video conference on October 23, 2020. The major actions of the Board and reports received included: The COVID-19 Pandemic Recovery Task Force and the Board of Governors Technology Committee reported on the status of projects focused on helping members, including: • Creating a new COVID-19 Information and Resources webpage; • Adding financial services information to the member benefits program; • Exploring strategies for handling a projected 990,000case court backlog; and • Promoting a Supreme Court remote civil jury pilot program. The Board heard a legislative report on the upcoming organizational session scheduled for Nov. 17. The 2021 Regular Legislative Session is slated for March 2 to April 30, 2021. The fall interim committee meeting schedule is expected to be announced in December. The top priority for the Bar will be advocating for adequate court funding. For more information
on legislative activities, including Bar and section positions, please visit floridabar.org/legislativeactivity. A new “Special Committee on the Examination of the Process and Procedures for Judicial Referrals of Discipline Matters to The Florida Bar” was approved to examine related rules and to determine the most effective and efficient processing of these complaints. Work will conclude by June 2021. Four new member benefits were approved: • Faster Law Suite is a suite of apps for Clio law practice management that includes document management, email management, and time tracking. • Fresh Meal Plan is a meal plan delivery service that delivers fresh prepared meals straight from their kitchen right to the customer’s door. • The Waking Up meditation app provides daily exercises, a meditation timer, and pleasant, inspirational images correlating to the guided meditations and lessons offered. • The Bankers Healthcare Group (BHG) suite of financial services products offering commercial
and consumer loans, credit cards, and SBA loan products. These benefits will be added to the more than 70 free or discounted products and services — financial services, travel accommodations, shipping, practice management resources and legal research — already offered to Florida Bar members. The Board will appoint Bar members to four organizations at the December board meeting. The schedule for future appointments, deadlines and applications are posted here (https://bit.ly/3n53AI6). • Judicial Qualifications Commission (1 lawyer for 6-year term beginning January 1, 2021) • Florida Realtor-Attorney Joint Committee (5 lawyers, one from each appellate district; 2-year terms beginning January 1, 2021) • Florida Rural Legal Services Board of Directors (1 lawyer for 3-year term beginning January 1, 2021) • Eleventh Circuit Judicial Conference (Southern District) (1 lawyer for 4-year term beginning January 1, 2021)
Winter 2020 | 17
Argo Corner
Balancing a Speedy Trial with a Slow Virus by Ben Lindquist, UWF Legal Studies student
T
he COVID-19 pandemic has forced modifications from
everyone involved in the Florida Judiciary. In response, Chief Justice Charles T. Canady released Administrative Order No. AOSC20-23 that outlined temporary changes to many procedures, including the speedy trial process for those charged with a crime. The Florida Supreme Court has delicately balanced defendants’ Sixth Amendment right to a speedy trial with the need to keep the general populace healthy. The administrative order is currently on its seventh iteration after being amended most recently on October 2, 2020. The administrative order states that: All time periods involving the speedy trial procedure in criminal and juvenile court proceedings shall remain suspended until 90 days after the Chief Justice has approved the certification of a chief judge of a judicial circuit that the circuit or a county within the circuit has transitioned to Phase 3… Currently no counties have yet transitioned to Phase 3. This order has the potential to conflict with the provisions of Fla. R. Crim. P. 3.191 as well as the Speedy Trial Clause of the Sixth Amendment of the United States Constitution. According to Rule 3.191(a), anyone who is charged with a misdemeanor must be brought to trial within 90 days of arrest, or within 175 days of arrest if charged with a felony. This is how Florida guarantees the right to a speedy trial. The administrative order seemingly does not violate this rule due to its section (l), which mentions exceptional circumstances. The COVID-19
Photo by Bill Oxford on Unsplash
pandemic might constitute an exceptional, unavoidable, and unforeseeable occurrence. COVID-19 related tolling or suspension of the speedy trial period has not yet come up in the United States Supreme Court, so there cannot be a definite answer on how a Sixth Amendment challenge would be decided. The best that can be done is to look at precedent, such as Barker v. Wingo, where Justice Powell delivered the opinion for a unanimous court. He stated that each speedy trial case needs to be approached on an ad hoc basis, with the consideration of four factors: length of delay, the reason for the delay, the defendant’s assertion of his right, and prejudice to the defendant. Though the constitutionality of this order may come before the court in the future, we can look to preceding orders for guidance on possible limitations. Administrative Order No. AOSC20-13, which preceded Administrative Order No. AOSC20-23, states the following:
[I]t is the intent of this order temporarily to suspend grand jury proceedings, jury selection proceedings, and criminal and civil jury trials, and to temporarily suspend procedural requirements and limitations that could hinder efforts to mitigate the effects of COVID-19[.] This is a significant limitation which constrains the administrative order to the above mentioned court activities, and does not seem to allow such action as the suspension of the speedy trial time limit for arraignment. Florida is certainly not in isolation considering that the federal government and all other states are facing similar balancing issues. Florida courts, on one end, face the potential violation of thousands of defendants’ constitutional rights to a speedy trial, and on the other end face potentially contributing to a deadly COVID-19 swell in our state. It is a delicate situation that is unprecedented in our modern, relatively fast-moving judiciary.
Need a Lawyer? It is always a good idea to check with a lawyer before you make an important decision—whether you are buying a house, making a business deal, or settling a dispute. A short talk with a lawyer often tells you all you need to know—how serious a problem is, how to handle it swiftly and how to make sure it is settled for good.
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CHECK OUT OUR LAWYER REFERRAL SERVICE TODAY! 850.434.6009 | LRS@ESRBA.COM | ESRBA.COM Lawyer Referral Service is a public service provided by the Escambia-Santa Rosa Bar Association
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20 | The Summation
Which Lawyer Are You? by The Honorable Ross Goodman First, a disclaimer: I speak only for myself. I have no authority to speak for any other judges! Second, what exactly does the question refer to? I spend hours on end reading motions, memos and proposed orders. There are some lawyers whose work product is consistently well-written, brief, to the point and supported by law and fact. There are other lawyers whose work product is consistently difficult, long-winded and which omits necessary authority and/or necessary facts. Don’t expect me to name names. However, I know which attorneys fall into which category. I can tell by the lawyer whether I can rely on what is said, or whether I need to go through the documents with the proverbial “fine toothed comb.” What I can tell you is the former attorney’s work product can be consistently relied upon. And, when I am trying to be thorough, and to get it right, I am also trying to efficiently move the docket. When the attorney falls into the first category, I am confident in their work. I am not suggesting anyone gets a free ride or some special advantage. I am simply saying that I appreciate the attorneys in the first category. So, I return to the original question: which lawyer are you?
And, why does it matter? How you present your argument affects how it is perceived. Sloppy writing infers sloppy thinking. Errors in citations, errors in basic facts, arguments that seem to go on and on and on indicate a lack of confidence in the argument being made. It also hides the real argument you are making. Here are some tips on how to improve your written work. Don’t misquote or take a quote out of context. I read the cases. I read the file. I don’t claim I know everything about the file, but I know enough to spot a misstatement. And taking a quote out of context is, in my humble opinion, the same as an intentional misrepresentation. It is hard to give credence to an argument after discovering a falsehood. Make your point clearly and succinctly. Then stop. If you have another issue to argue, argue it. Don’t give fifteen different arguments on the same point. It indicates you don’t even know what you are arguing. You’re just throwing up arguments in hopes that one will catch. But what you have done is masked your best argument. It is confusing, at best, and shows a lack of confidence, at worst. One paragraph, one idea! Here’s my point. Here are the facts that support it. Here are the authorities
that support it. Then, go on to the next argument in the NEXT paragraph. Do not ask for relief to which you are not entitled. If you try to “slip one in,” you might get away with it once or twice. It becomes a bad habit of yours, and you will get caught. And, when you are found out, you lose all credibility. Speaking of credibility, remember this: once you lose your credibility, it is extremely hard to earn it back. Lose your credibility in one case, and it affects all your future cases. The opposite is also important. Concede points that you cannot win. This shows not only a command of the law and the facts but also demonstrates your credibility. It also shows confidence in your other arguments. Judge Collier once commented to me during a trial that I had made the “silliest argument” he had ever heard. Personally, I thought it was brilliant. In retrospect, perhaps His Honor was correct. The point is this. After you write your brief, put it away. A couple of hours or a day later, re-read your brief. I guarantee you will see things differently! That argument you thought was brilliant may not be as persuasive a day later. Those fifteen arguments you made…perhaps you could cut out a few (like 14 of the 15!).
Ask a colleague to read your Brief. They will see things you missed, or errors in your argument, or, better yet, they will see an argument you could make instead which is stronger. It is called a “Brief ” for a reason. Remember the “KISS” principal: Keep It Short and Simple! Give yourself time. Waiting for the last minute to write a brief is a guarantee of error. You miss things. You don’t take the time to read the cases or statutes or rules. You leave out important facts. You forget to include an important argument. An error that may be simple neglect could be mis-perceived as an attempt to misrepresent! If you got this far, you are probably thinking that you learned all of this in your legal research and writing class. You would be amazed at how many lawyers do not practice these basics. Moreover, lessons you learned in law school take on new meaning after a few years of practice. Nothing I have said above is anything new. What IS new is your understanding of the importance of applying these rules, giving yourself time, keeping your credibility, being persuasive, being succinct, and being perceived as one of those lawyers a judge can consistently rely upon. If you follow these rules, it does not guarantee you will prevail. It does make it much more likely.
Winter 2020 | 21
Wall of Honor by Cameron Townes Gore, Escambia-Santa Rosa Bar Foundation Director Association related fundraisers to help area organizations and programs as well as awarded grants for various endeavors. A grant application can be found at www. esrba.com/ bar-foundation/donate/.
The Wall of Honor was created in 2007 by the Escambia-Santa Rosa Bar Foundation, Inc. for the purpose of honoring and commemorating deceased attorneys and judges of the First Judicial Court. The Wall currently memorializes 18 individuals by displaying their names, dates of birth, and dates of death etched into the glass panels prominently displayed on the first floor of the M.C. Blanchard Center in Pensacola. Unfortunately, we have lost several beloved members and past presidents of the ESRBA in the last year. If you, a firm, or group of colleagues are looking for a way to honor them and their legacy, we encourage you to consider the Wall of Honor. “Eligible Individuals” whose names may be listed on the Wall are limited to deceased attorneys and judges of the State of Florida First Judicial Circuit who are in good standing with the Florida Bar at the time of the death and at the time of inscription on the Memorial Wall. In exchange
for a singular charitable donation of $2,500.00, or multiple charitable donations designated to memorializing a specific individual totaling $2,500.00, the EscambiaSanta Rosa Bar Foundation will add the individual to the Wall of Honor. The Escambia-Santa Rosa Bar Foundation is the philanthropic arm of the ESRBA and a Section 501(c) (3) tax-exempt charitable organization. All contributions to the Foundation are tax deductible. The mission of the Foundation is to foster greater accessibility to the judicial system, improve the overall quality of the administration of justice, promote law-related education, increase public awareness of the judicial system, and improve management and operation of the court system. Over the years, the Foundation has done so much more than just grow its endowment. It has served as a conduit for Escambia Santa Rosa Bar
If you are interested in celebrating the lives and careers of deceased judges and attorney members of the Escambia-Santa Rosa Bar Association, please contact Jeff Nall, executive director of the ESRBA, at (850) 434-8135
or jeff@esrba.com. Checks can be sent to the Escambia Santa-Rosa Bar Foundation at 260 S. Tarragona Street, Suite 160, Pensacola, Florida 32502. A copy of the official registration and financial information may be obtained from the division of consumer services by calling toll-free 1-800-help-fla or online at www.Floridaconsumerhelp. com, registration does not imply endorsement, approval, or recommendation by the state.” Registration #: ch12356
WALL OF HONOR INCLUSION TO DATE
D. L. Middlebrooks J. Lofton Westmoreland William S. Meador Joe Jackson Harrell M. C. Blanchard James F. McKenzie Richard H. Merritt William A. Blount E. Dixie Beggs
Bert Lane J. Nixon Daniel, Jr. David H. Levin Stanley B. Levin Lefferts L. Mabie, Jr. Paul L. Cummings Alphonso G. Condon, Jr. Alan C. Sheppard Fred Thomas Ratchford, Jr.
22 | The Summation
Young Lawyer’s Division by Travis Morock
My name is Travis Morock. I am honored to serve as this year’s President of the Young Lawyer’s Division (YLD). I’m a graduate from the University of Florida Levin College of Law (class of 2015) and have been practicing in Pensacola since 2015 at Carver Darden. My practice areas focus on real estate, commercial transactions and litigation, and general business law. Upon relocating to Pensacola, I’ve had the privilege of being involved with and a part of several charitable and civic organizations in the community. I’ve also had the pleasure to serve on the Board of the Directors for the YLD since 2017 and served as the Vice President last year. During my time on the Board of Directors, I was actively involved with YLD in facilitating community programs including Jazz for Justice, OnBikes and Breakfast with Santa. Additionally, the YLD frequently hosts new, exciting events that involve networking with other legal professionals in the area, hosting panels with guest speakers in the legal community, learning from judges, and other wellness and family-friendly activities. We are looking forward to making this a great year by continuing YLD’s purpose and goals in a safe and responsible manner. As we all know, COVID-19 has impacted everyone’s
life—both professionally and socially. It is imperative that we adapt to the constantly changing atmosphere. In particular, YLD intends to focus its programs on mental health and how to maintain a work/life balance during COVID-19. Accordingly, YLD intends to further its missions and goals by providing support and networking opportunities for young lawyers in Escambia and Santa Rosa counties while operating under governmental health and safety guidelines. In addition to continuing our traditions and events in a safe manner, YLD is implementing new programs and events that I believe will continue well into the future. Recently, YLD co-sponsored a happy hour networking event with the Northwest Chapter of FAWL to benefit Manna Food Bank in its fight against hunger in Escambia and Santa Rosa counties. The event was held in accordance with CDC guidelines. I’m glad to report that the event was a success! We collected 128 lbs. of food, which will provide 142 healthy meals to those in need. I believe that this event will serve as a framework and example for upcoming YLD happy hour events in the future. We are also partnering with Families First Network’s Operation Santa. Operation Santa is a charitable program
designed to spread Christmas joy to children who have experienced trauma and loss. YLD is sponsoring children and will provide toys and gifts from the children’s wish list to ensure that the children know that someone is thinking specifically about them on Christmas morning. I believe that YLD’s involvement with Operation Santa will be a success and an ongoing YLD tradition. I am excited to lead YLD during these unprecedent times and implement programs and events for our current and future membership. The YLD is a valuable organization that any new attorney can turn to for assistance. I have personally benefited from my prior involvement in YLD and opportunities provided by being an active member in YLD. As this year’s YLD President, I will lead the YLD in our continuing effort to help, mentor and advise young attorneys in our community.
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Underw Escapes ater
From the gulf of mexico to pensacola escambia Bay, underwateris rich with adventure s ALSO IN
THIS ISSU
ON TH
+
E:
E MARKET A REAL EST ATE SECTIO N
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Happy Trails
Explore the Best of Florida's Kayaking, Northwest Birding and Walking Trails august
On the Market a real estate section
+Business CliMate
2019 | pen
sacola
magazin
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The official parade of homes guide Floor plans + maps inside
JUNE 2019 • pensacola
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