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FAMSEG, the Family Law Section
Email Group
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March 2011
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Enjoy rolling hills, open vistas,
vineyards, farms, luxurious accommodations and the world
class restaurants of Napa and Sonoma Valleys during the Family Law
Section's upcoming Spring Retreat beginning Wednesday,
April 6th, 2011 and ending Sunday, April 11th, 2011.
While you indulge your senses, but you can earn 6 C.L.E. credits by attending the
Retreat seminar"ADDICTION:
ITS EFFECTS ON YOUR CLIENTS AND THEIR CASES." These
resorts are conveniently located within easy driving distance of over
270 of the world's finest wineries and tasting rooms. Explore
the charming towns of Napa, Sonoma, Kenwood, St. Helena,
Oakville, Rutherford, Healdsburg, Guerneville, Yountville, Glen Ellen
and Calistoga.
Join us for the seminar and other events at the beautiful Tuscan
themed, destination resort, the 4 Diamond rated Villagio Inn & Spa, 6481 Washington Street,
Yountville, California 94599-1311. Our room block is
sold out but we have made arrangements and 2 other outstanding resorts
that are conveniently accessible, the classically elegant Napa Valley Lodge and hip Hotel Yountville.
You can go on line and take a virtual tour of either
resort.
The Napa Valley Lodgeis
located at 2230 Madison Street, Yountville, CA 94599.
You can go to its website at www.napavalleylodge.com.
Don't Delay! Book on or before March 4th,
2011.
MAKE YOUR RESERVATIONfor
NAPA VALLEY LODGE NOW by calling 1-888-944-3545
the room rate is $260.00 for Wednesday and Thursday and
$325.00 for Friday and Saturday.[1]
Alternatively the Hotel
Yountville is located at 6462 Washington
Street, Yountville, CA 94599. You can go to
its website at www.hotelyountville.com
. Don't Delay! MAKE
YOUR RESERVATION for
HOTEL YOUNTVILLE by calling 1-888-944-2885
the room rate is $250.00 for Wednesday and Thursday and
$395.00 for Friday and Saturday.[2]
Please indicate
that you are making reservations as part ofTHE
FLORIDA BAR, FAMILY LAW SECTION GROUP. Your
room rate includes:
· Free
self-parking.
· Complimentary
high speed, wired/wireless internet in guestrooms.
· 20%
discount on treatments and services for group attendees and their
guests from
April 6th - April 11th, 2011
(including pre- and post-nights).
[1]
Plus local taxes and fees.
[2]
Plus local taxes and fees.
*Yountville,
California is in the heart of Napa Valley and is considered by
many to be the unofficial culinary capital of Napa Valley. Within
walking distance of the Villagio Inn & Spa, Napa Valley Lodge and
Hotel Yountville you can dine at celebrity chef Thomas
Keller's French bistro, Bouchon, its companion Bouchon
Bakery, and what many consider to be the best restaurant in
the world, Keller's, The French Laundry; celebrity chef Michael
Chiarello's new, highly regarded restaurant, Bottega; as
well as Bob Hurley's Hurley's Restaurant and Bar, Richard
Reddington's Redd, and Bistro Jeanty.
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Dear
Section,
 If you are
interested in membership on the Executive Council, the Section's
leadership body, please complete the application
for membership as soon as possible and also for the position
of Secretary. It's hard
to believe, but it's that time of year again. If you are
interested in serving on any Family Law Section Committees for the
2011 - 2012 bar cycle which will commence on or about July 1, 2011,
please complete the Committee
Preference Form. Chair Elect David L. Manz will
be reviewing those forms over the next several weeks for purposes of
preparing the committee assignments and will, of course, attempt to
accommodate your requests for appointment. If you have not
previously served on any of these committees, you can read
descriptions of the work performed by the various standing and ad hoc
committees on the website prior to completing the Preference Form.
Officers' names are listed for each committee, so feel free to
call them and learn more about the operations of committees that you
might be interested in. Committee membership is open to all
Section members except for the Legislation Committee where the
number of members is limited pursuant to the Section's Bylaws.
As I
write this message, Florida's legislature is in session and is
attempting to deal with the shortfall in projected State revenues by
implementing further budget cuts. Governor Scott has previously
announced his proposed State budget Aside from the bleak
economic news, this session has brought with it the filing of an
incredible number of disparate and competing bills in the House and
Senate which, if enacted, have the potential of changing the
operation of the judicial branch of government and the delicate
balance of powers among the 3 branches of State
government. Most notable among the bills filed are those
which provide for: (a) a change in the size and construct of the
Florida Supreme Court, dividing the Court into two separate Courts
presiding over Civil and Criminal cases; (b) removal of rulemaking
authority from the Florida Supreme Court and to vest it in the
legislature; (c) elimination of the current Judicial Nominating
Commissions for the District Courts of Appeal, and, instead, vesting
sole appointment of the appellate judges in the Governor; (d) a merit
retention process for Circuit and County judges who are unopposed
when standing for re-election, requiring a 60% or greater favorable
vote for retention; and (e) compensation of judges based upon the
number of cases they handle. In addition, other proposed
legislation severely compromise the pension and health care benefits
of state employees, including the rank and file working in the State
Court system, all the way up to the judiciary. Some pundits have
opined that it appears the judicial branch of government is under
assault on all sides. It certainly appears that is the case.
Governor
Scott's budget proposal has suggested a reduction in court personnel
including judicial assistants. This reduction would negatively
impact an already overburdened, understaffed Court system, where many
employees are already multi-tasking in the extreme. Even if
only some of this proposed legislation succeeds and is submitted to
the Governor for signature, it will likely impact your access to
and interaction with Florida's courts, and, in turn, your
practice of law. I urge you to stay abreast of these
developments by reading the Florida Bar News online, as well as the
by regularly reviewing the product of network and print
media outlets that detail legislative activity in Tallahassee,
Florida on a daily basis.
Toward
that end, I refer you to The Florida Bar President Mayanne Downs'
excellent email that addresses the challenges of this legislative
session. It is reproduced herein in its entirety for your
benefit. In the article, President Downs' explains The Florida
Bar's efforts in dealing with this blizzard of proposed legislation.
On a
more pleasant note, it is just several weeks until the Section's 2011
out-of-state retreat titled "Escape
to Wine Country" occurring in beautiful Yountville,
Napa Valley, California from April 6- 10, 2011. It is not too late to make hotel reservations
and to register
to attend the retreat which includes the seminar: "Addiction: Its Effect on Your
Clients and Their Cases." A variety of
optional excursions have been planned. You can read more about
the retreat in this issue of FAMSEG and you will find a
link to the seminar schedule and registration form, as well as the optional
excursions registration.
Christina
M. Hansen, Psy.D. has authored an article titled "Bridging
The Communication Gap" which dovetails with the Section's
theme this year of "Building Better Relationships" by
examining how mental health and legal professionals communicate with
one another.
There
is also exciting news for this summer. Orlando, Florida is the
host city for the Association of Family and Conciliation Court's
(AFCC) International Conference this year from June 1 through 4,
2011. Many Section members and affiliates will be attending
and participating at this event that has been approved for both
C.L.E. and Certification credit. Read A.F.C.C. Executive
Director Peter Salem's article which provides even more
information on this conference. This year's theme is "What's
Gender Got To Do With It?"
Family
Section members such as this month's "Making A
Difference" award winner Jamie L. Ibrahim, Esquire of
Jacksonville Legal Aid continue to shine and make us all proud by
their efforts to serve their community. Read about Jamie's
efforts and her involvement in The Missing Link of Jacksonville in
this edition of FAMSEG.
Finally,
Adrianna Davis Johnson of The Florida Bar has authored an
article specifically for Family Law Section members discussing the
importance of The Florida Bar's "The One
Campaign" urging all of us to participate by providing pro
bono services.
This is my favorite time of year. It is a time
of hope and renewal and so to each of you and those you love, I wish
you the time and sensibility to enjoy this Spring.
Sincerely,
DIANE M. KIRIGIN
Chair, Family Law Section
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LEGISLATIVE
BRIEFING FROM FLORIDA BAR PRESIDENT MAYANNE DOWNS
To all Florida Bar members:
 The Florida
House of Representatives and the Florida Senate have released a
series of bills and proposed constitutional amendments that would
materially change the judicial branch, the selection and
retention of judges, the funding of the judiciary, judges' and
government lawyers' retirement benefits, and rulemaking. The number, timing,
scope and quick release of these proposals are unprecedented, and The
Florida Bar is on constant alert for additional filings.
Bills are currently pending that would:
--Strip rulemaking from the Supreme Court, and give it to the
Legislature--
--Eliminate all JNC's at the appellate court level and require Senate
confirmation of gubernatorial appointees--
--Eliminate JQC confidentiality--
--Pay judges based on how many cases they decide--
--Split the Supreme Court--
--Raise the vote from 50% to 60% for merit retention--
--Remove The Florida Bar entirely from the JNC process--
While legislative proposals are ever-changing, I want you to know
what The Florida Bar is doing on behalf of the legal profession and
the judiciary. Over the next six weeks, we will actively
participate in the legislative process to ensure that reasonable
approaches and alternatives are being considered as these proposals
are heard.
First and foremost, the Bar is committed to adequate funding for the
third, co-equal branch of our government. We are keenly aware
that court funding is central to all that we do, and we are pushing
forward on all fronts to secure that funding. The need for
sufficient and stable funding of Florida's court system is the Bar's
top priority. The gap between what the court system needs and
what it receives has widened dangerously as the recession has forced
cuts at the same time that Floridians and businesses are increasingly
turning to our courts for relief -- which is their constitutional
right.
In addition, it is important for every Florida Bar member to know:
- We are
committed to working with the Legislature to find common ground
and common sense solutions to the issues these proposed bills
seek to address. While it may not be possible
to bridge the Bar's points of view and the Legislature's, we are
working hard on options, with the principle firmly in mind that any
proposal to change Article V must clearly demonstrate improved
judicial administration and efficiency, while maintaining the
integrity and independence of our judiciary.
- We are
working to maintain existing supportive relationships and to
build new ones. We are reaching out in
particular to our lawyer legislators, and you should too. This
is a tough legislative climate with stark budgetary problems,
and these legislators deserve our gratitude and respect for
their willingness to serve.
- We
continue to meet with editorial boards of
Florida newspapers with very good results thus far. At the
bottom of this email are links to recent editorials supporting
the judiciary, and links to keep you current on the status of
proposed legislation and to contact state lawmakers.
- The
Florida Bar has an extraordinary advocacy team. Our
lobbyists are respected, experienced and skilled, and Bar
leadership and dedicated volunteers are actively involved as
well.
Yesterday,
the House Civil Justice Subcommittee approved bills that would
propose to amend Article V to split the Supreme Court into two,
five-member specialty panels for civil and criminal appeals; remove
The Florida Bar's responsibility to nominate JNC lawyer members,
giving complete authority for all JNC appointments to the governor;
and abolish appellate JNCs and require Senate confirmation of
gubernatorial appointments to the appellate courts. I testified on
all of these proposals and urged caution and careful consideration
about making such major systemic changes.
These
are challenging times. I cannot promise that the results of this
session will be everything we want, or that final legislation will be
non-controversial. I can promise, though, that your Bar leadership
team is fully and completely engaged, and is passionately fighting
for the very best outcomes we can obtain.
Regards,
LINKS
Florida
Newspaper Editorials in Support of Adequate Court Funding
2011
Bill Reports
Florida
Bar Webpage: Legislative Activity
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Bridging The Communication Gap
By Christina M. Hansen, Psy.D.
Licensed Psychologist
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 I was recently asked to write
an article on how attorneys and mental health professionals can
communicate more collaboratively on cases. As I ponder on our
communication style, I am struck by the vast dichotomy in our
training: focus on the differences vs. focus on the similarities,
find ways to question a person vs. find ways to help someone
communicate, help people advocate for their rights vs. help people
overcome their past. While our training is different, it
is these differences that allow us to work collaboratively in coming
up with creative solutions for families.
Thinking different does
not keep us from being able to serve our clients in a collaborative
way. It is important to understand that we do not always have
the same goal. The attorney is determined to help their client,
however the therapist is determined to help the child and/or the
whole family. With this, we need to understand that we may not
always be looking at the case from the same perspective.
As we communicate, it is
important to find what we do have in common. We both want
success for the family. We both want the divorce to end one
day. We both want the solutions we come up with to work.
Therefore, it is pertinent that we respect our differences but
focus on our similarities. We both want to follow the
law, which is often the best interest of the child. Maybe we go
about it differently, but in the end our goal is the same.
Finally, I leave you with
this thought. When the divorce is over and we have all been paid,
don't we want the clients to be able to communicate without us? If
this is true, then the example starts with us communicating in a
healthy manner. Hopefully our example will be embraced!
BIO:
Dr. Christina Hansen is a
Licensed Psychologist at Hansen-Cohen Associates in Psychology in
Fort Myers, FL. Her clinical practice includes psychotherapy,
psychoeducational assessments, neuropsychological evaluations,
court-ordered evaluations as well as divorce and post-divorce healing
for adults, children and families. Dr. Hansen currently serves on the
Board of Association of Family Law Professionals, including the
Planning and Definitions committees; The Family Resource Center of
Southwest Florida; and the Fort Myers CHADD, for which she is the
Professional Chair person. She is also a member of APA, FPA, AFCC,
and FLAFCC.
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What's Gender Got to do with it?
by Peter Salem, AFCC Executive Director
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That's
the title for the 48th Annual AFCC Conference being held
in Orlando from June 1-4, 2011. The Annual Conference held by the
Association for Family and Conciliation Courts will be presenting
Pre-conference Institutes and multiple workshops addressing Research,
Policy and Practice in the Family Courts with a special focus on
gender issues. The conference brochure explains the program as
follows:
Gender seems to be at the heart of many challenges for
family law professionals. But what lies beneath the surface? Do gender
roles always align with gender? Is it about the gender of the
parents, or about the primary wage earner and primary caretaker? How
do culture and socioeconomic status impact the discussion?
The
Association's membership is multidisciplinary and includes all family
court professionals, so it provides a wonderful opportunity to share
ideas and practices with those working with families in our court
system. The Conference has been approved for 26 hours of
C.L.E.R. and 19.5 hours of marital and family law certification! Our
Family Law Section is cosponsoring the Florida Chapter of AFCC
Reception to be held on Thursday evening, June 2, 2011. So join us at
this fabulous conference with family law professionals from around
the world and be part of the conversation on cutting edge issues in
family law. Please see the link to conference brochure or go to the
website at www.flafcc.org and register.
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MAKING A DIFFERENCE AWARD WINNERS
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The
Family Law Section of the Florida Bar publicly acknowledges, through
the monthly 'MAKING A DIFFERENCE" award, those individuals who
have made a difference in the lives of the underserved or
disadvantaged within our State. The individuals who receive
this award either provide outstanding pro bono services or engage in
other types of outstanding volunteer or community activities and
pursuits that improve the lives of Florida's children and families.
February, 2011
Winner
Jamie Ibrahim
The
Family Law Section of the Florida Bar is pleased to congratulate Ms.
Ibrahim, and it thanks her for her past and continuted efforts on
behalf of the children and families of Florida.
 Jamie
Ibrahim attended the University of North Florida in Jacksonville
where she received her Bachelor of Arts Degree in 2002. She
then went on to receive her Juris Doctorate from Florida Coastal
School of Law in Jacksonville in 2005. She has been licensed to
practice law in Florida since 2006.
Since becoming licensed, Ms. Ibrahim has served as a Staff Attorney
for the Family Law Unit of Jacksonville Area Legal Aid, Inc.
Although she works full-time assisting indigent clients in
family law matters, she also assists the underserved in her free time
as well. During her employment with Legal Aid, she saw that not
all domestic violence victims qualified for assistance through her
legal aid organization, and as a result, she decided to become
involved on a pro bono basis with The Missing Link of Jacksonville,
Inc. The Missing Link of Jacksonville, Inc., hosts a monthly
clinic to assist victims of domestic violence complete the necessary
paperwork to file for divorce and to end their violent relationships.
Not only does Ms. Ibrahim assist domestic violence victims
navigate the judicial system through her participation in the
program, but she has furthered the organization itself by helping it
incorporate and obtain 501(c) (3) tax exempt status through the
Internal Revenue Service. She also serves on the organization's
Board of Directors and has assisted the organization by helping
create its website and by applying for grants on its behalf.
Finally, Jamie Ibrahim has served her community through her
participation as a volunteer in the Jacksonville Bar Association
Ask-A-Lawyer Program as well as through her prior participation with
the Northeast Florida Human Trafficking Task Force.
********
Be
sure to look for our highlights of the March, 2011 Making A
Difference award winner, General Magistrate Susan Maulucci,
in our April issue of the FAMSEG newsletter.
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Making a Difference Award Nominations and Assistance
Needed
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Just a reminder that the Making a Difference Award
Committee Chairs, Kim Rommel Enright and Robin J Scher continue to
seek nominations for Section Chair's, Magistrate Diane Kirigin's,
monthly Making a Difference Award for both attorneys/judges and
affiliate (professionals, paralegals and student) members of the
Section who have made a difference in the lives of the underserved or
disadvantaged within our State. The individuals who receive
this award either provide outstanding pro bono services or engage in
other types of outstanding volunteer community activities and
pursuits that improve the lives of Florida's children and families.
In addition to recognition with a feature article in FAMSEG on
the winners' activities, awards will be given at the Section's Annual
Luncheon during the Florida Bar's Annual Meeting in June, and among
all Award winners, an Annual winner will be chosen, and the press in
each winner's local area is being notified in order to let their community
at large know of all the good works s/he has done or is doing. The
Nomination application can be downloaded
here:
Please note that the contact information for Robin J.
Scher has changed and she can be reached at 561/626-5640 or
email.
Finally, the Committee seeks the immediate assistance
of one or more persons willing to help disseminate and follow up on
its press releases in the winners' local areas. You will not
have to write the press releases (they are graciously being written
by Committee member Rhonda Goodman, Esquire, of Miami) and you will
be provided with the contacts. If you are interested in helping
the Committee, a very simple way to get involved with the Section,
please contact Robin
J. Scher.
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Stephens' Squibs - Family Law Case Updates
By Eddie Stephens
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Click
here to read a summary of Florida Marital and family law
case updates from February, 2011.
Squib of the Month:
Peters v. Blackshear, 36 FLW D357
(Fla. 1st DCA 2011). Trial court reversed for
requiring Father to maintain $400,000 in life insurance to insure
monthly child support obligation of $750 when child emancipates in 2
years. Amount of insurance bears no reasonable relationship to
amount of child support.
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The One Campaign
www.onepromiseflorida.org
by Adrianne Davis Johnson
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Imagine the impact we could make if every attorney
in the state of Florida took on one pro bono client.
Communities across Florida could be transformed through the help of
volunteer lawyers empowering people who would otherwise be unable to
access our justice system.
That is the simple but powerful concept behind the One Campaign, an
initiative launched by the Florida Bar. With a clear message: One
Client. One Attorney. One Promise, the One Campaign aims to
increase volunteer legal work by Florida's time-strapped attorneys.
For family law practitioners the opportunity to reach out to those
without means is great because family law issues account for the
greatest legal needs amongst low income people. Some may feel that
due to the nature of their practice they already devote enough time
to pro bono clients but national studies show that for every client
helped by legal aid one more is turned away.
Although an additional challenge, most attorneys who help pro bono
clients report the experience as one of the most meaningful of their
careers. Many say they feel like their pro bono cases made them a
better attorney which is the real spirit of the One Campaign.
As part of the larger effort to increase pro bono work by attorneys,
The Florida Bar Foundation has provided $800,000 in grant funding to
legal services agencies, pro bono organizations, and legal aid
providers for development of training, mentoring, and other support
programs for volunteer attorneys.
By working through your local legal aid program you access a wide
array of resources that might otherwise be unavailable to you. These
resources include:
·
Malpractice
insurance
·
Mentoring
opportunities by experienced staff attorneys
·
Ongoing legal
education for areas of law outside your expertise
·
Administrative
support in working with pro bono clients
·
Recognition
Whether representing a youth coming out of the foster care system,
assisting an elderly couple stave off foreclosure, or mentoring a
young attorney in the profession, lawyers are the only ones who
possess the unique skills required to help regular citizens navigate
the law.
The charge of the One Campaign is straight forward. Take on ONE Case
where you can utilize your unique skills to help someone in
need in your community. If every practicing attorney in Florida
answered that call, we could drastically reduce the enormous backlog
of cases and significantly improve access to justice for all Florida
residents.
It doesn't take a lot of time to change the world, it just takes ONE.
More information about the One Campaign and the pro bono
opportunities mentioned here is available online at www.onepromiseflorida.org.
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Wanted: Your Submissions
Articles
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 Have
you just finished a case or appeal where you had to become
well-versed in a particular family-law issue? Well, how about
sharing your genius with the rest of us?!
We are accepting submissions for upcoming issues of The
Florida Bar Journal, The Family Law Commentator, and even FAMSEG.
The
Journal
To be considered for publication in The Florida Bar Journal, the
article should be scholarly and relate in some manner to family law.
It should be twelve to fifteen pages in length, complete with
endnotes.
Contact co-editor: Sarah Sullivan at ssullivan@fcsl.edu
Or co-editor: Amy Hamlin at ahamlin@helpisontheway.cc
The Commentator
Commentator articles are theme-specific. Upcoming theme issues
include: Children's Issues, Tax Issues, Hot Tips, Alimony, and
Agreements.
Send your Commentator submissions to Laura Davis Smith
to lds@greenesmithlaw.com.
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Article Headline
Areas of Interest
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The Florida Bar Career Center
- Your destination for exciting Legal job opportunities and the
best resource for qualified candidates within the Legal Industry.
The Florida Bar Online Directory
- The online directory provides links to court, state and federal Web
sites and many other online resources attorneys use. This directory
has the most current Florida Bar member information available with
daily updates. *(In this section you will find: Members; Committees,
Officers, & Sections; Court Admin. & Clerks; Courts; Courts -
Federal; Judicial Associations; Legal Groups, Law Schools & Legal
Aid; Rules; and State & Federal Government.)
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Complimentary
Free CLE
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Redacting Confidential Information:
The complimentary "New Rule 2.420 Seminar"
regarding the responsibility of lawyers to redact confidential
information in court filings is available from the 24/7 CLE Catalog. The 2 credit hour
program is available under, "Discounted or Reduced Priced CLE Programs" and "New Rule 2.420 Seminar"
categories. The free program is presented by The Florida Bar Law
Office Management Assistance Service (LOMAS) and sponsored by Florida
Lawyers Mutual Insurance Company (FLMIC) and the General Practice,
Solo and Small Firm Section.
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West, Green &
Associates has just celebrated their 7th year anniversary and as of
January 31, 2011 have moved to a new office.
Richard D. West, Esq.
Caryn M. Green, Esq.
WEST, GREEN &
ASSOCIATES, P.L.
801 N. Orange Ave.
Suite 700
Orlando, FL 328031
Phone: 407-425-8878
Fax: 407-843-9348
www.rdwestlaw.com
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