13 minute read
On the Move Lexis Answers
On the Move
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.
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.
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.
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
On the Move submissions may be sent to esrba@esrba.com
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.
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.
News from the Court
Chief Judge Miller
As 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.
Pam Childers
Changes to Circuit Court Appellate Jurisdiction and Filing Fees
The 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.
