Welcome to our September edition of FAMSEG! The Section recently held its Fall Committee Meetings at the end of August at the Coral Gables Biltmore Hotel. I am happy to report that both the meetings and the Leadership Retreat (held in conjunction with these meetings) were overwhelmingly successful. The Section had the opportunity to provide scholarships to six very deserving attorneys for this event, and the overall enthusiasm of all of our attendees was simply amazing. The Section will continue to be in great hands for a very long time with this new leadership within our Section becoming more actively involved. I again wish to thank Retreat co-chairs Sonja Jean, Michelle Klinger Smith, and Jack Moring for a job very well done! Everyone I have spoken to who attended the Retreat had nothing but positive feedback about both the venue and the Retreat program. I am also happy to report that the work of our 25 committees continues on in earnest, thanks to the hard work of all of you who have volunteered to serve on our various committees. A special thank you to all of you who took time out of your office to travel down to Coral Gables for your committee’s live meeting in August.
Our Mid-Year Meetings will take place on Thursday, January 27, 2023, at the Gaylord Palms Resort & Conference Center. However, prior to those meetings, I know that many of the committees will be working hard on a variety of matters in furtherance of “Serving Florida’s Families” and “Promoting Professionalism. ”I’d like to highlight two of our newer committees in particular. Our “Diversity & Inclusion Committee” and our “Special Needs Children Committee” have advanced from the “Ad Hoc” category to become permanent committees of the Section. This occurred with the recent approval of our revised Section Bylaws by the Florida Bar Board of Governors earlier this year. Our Diversity & Inclusion Committee is chaired by Marck Joseph of Miami; and our Special Needs Children Committee is co-chaired by Sarah Sullivan of Jacksonville and Philip Schipani of Sarasota. Anyone with an interest in becoming active with either of these committees is certainly welcome to reach out and contact the respective committee chairs.
Registration is now open for our Section’s next live event – our 2022 In-State Retreat, to be held at the fabulous Ritz Carlton Hotel in Sarasota on the weekend of October 20 - 22. Co-Chairs Belinda Lazzara and Magistrate Beth Luna have planned a great event for us – which I understand may involve stone crabs at some level, given the opening of stone crab season that particular week. Our CLE presentation will be on “Cyber Security and Data Privacy in the Law Firm,” to be presented by former Florida Bar President John M. Stewart, Esq., of the GreyRobinson law firm. Yes, this will count as a Technology CLE credit! A link to the Section’s webpage regarding this event can be found HERE. We hope you make plans to join us in Sarasota!
Lastly, please be on the lookout for the registration of our annual Family Law Review Course that is co-hosted with the AAML, Florida Chapter. The Section is offering 21 scholarships for this event: 10 that are needs-based; 10 for general magistrates & hearing officers; and 1 diversity scholarship. The application deadline is September 15, 2022, at 5:00 p.m.
With that, I wish you a wonderful September as we head into football season and (hopefully soon) cooler weather!
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CHAIR'S QUESTION OF THE MONTH |
Is “martial” really a legitimate synonym for “marital” – or is it just a “spell-check” oversight that has run amok within our profession?? |
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SCHOLARSHIPS AVAILABLE FOR CERT. REVIEW COURSE
Application Deadline Thursday, Sept. 15 at 5PM
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The Family Law Section is pleased to announce approval of the Executive Council to provide 21 scholarships for the 2023 Marital & Family Law Board Certification Review Course! The Course will take place January 25-28, 2023, at the Gaylord Palms Resort & Convention Center in Orlando.
There are 10 needs-based scholarships; 10 scholarships for general magistrates and hearing officers; and one diversity scholarship. Interested applicants are encouraged to apply HERE.
Registration and accommodations information for the Course will go live on September 6 HERE.
We look forward to seeing you at Cert. Review!
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REGISTRATION NOW OPEN FOR IN-STATE RETREAT
October 20-22, 2022
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It's In-State Retreat time! Registration is open for one of our Section's most popular annual events, taking place Thursday, Oct. 20 through Saturday, Oct. 22 at The Ritz Carlton Sarasota. Co-Chairs Belinda Lazzara and Magistrate Beth Luna have created a spectacular series of activities, so you won't want to miss out, as this event tends to sell out quickly! A special thank-you to our Retreat Sponsor, Smolin, for supporting the Section!
Register for the event HERE.
The event brochure and agenda can be found HERE.
See ya in Sarasota soon!
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CLE: THURSDAY, SEPT. 15, 12PM - 1:30PM |
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DIVORCE MORTGAGE PLANNING-BETTER OUTCOMES FOR DIVORCING CLIENTS
In most family law cases, there are real concerns related to financing strategies involving the real estate, the ability to buy one spouse out, and structuring maintenance in order for the receiving spouse to qualify for a new mortgage. Realtor Don Moll, CDLP, and Nancy Brodzki, Esq. cover financing strategies and hurdles related to the disposition of the marital home.
SCHEDULE
12:00 PM – 12:05 PM
Opening Remarks and Introductions
James, Wimsatt, Esq.; Harris, Hunt & Derr, Tampa
12:05 PM – 1:05 PM
Divorce Mortgage Planning-Better Outcomes for Divorcing Clients
Don Moll, CDLP; Fort Lauderdale
Nancy Brodzki, Esq.; Brodzki Jacobs, Coral Springs
1:05 PM – 1:25 PM
Questions and Answers
James, Wimsatt
1:25 PM – 1:30 PM
Closing Remarks
James, Wimsatt
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THE SECTION SCENE: Leadership Retreat 2022 |
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Young Lawyers Division President Iris Elijah and Section Chair Phil Wartenberg |
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Laura Davis Smith and Leadership Retreat Co-Chair Sonja Jean |
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2022 Leadership Retreat Team Building Champions |
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Sarah Sullivan and Aimee Gross |
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Jourdan Porter, Jennifer A. Patti, and Taghrid Hassan |
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Scavenger Hunt Team Captains Jack Moring and Michelle Klinger Smith (Retreat Co-Chairs), Phil Wartenberg and Anya Cintron Stern |
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Kelly St. Clair, Veronica Jackson, Cash Eaton, and Jourdan Porter |
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Andrea Reid and Beth Luna |
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Aimee Gross, Chris Rumbold, Phil Wartenberg, Willie Mae Shepherd, Wilhelmina Tribble of Florida Southern Univ., and Sarah Kay |
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Phil Schipani, Sarah Kay, Kristen Kirkner, and Phil Wartenberg |
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Tenesia Hall and Autumn Warner |
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Chelsea Miller and Jack Chesnutt |
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UPDATES IN FLORIDA FAMILY LAW RULES OF PROCEDURE |
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By: Jennifer Patti, Esq.
To assist our fellow family law practitioners, the Florida Family Law Section Rules and Forms Committee will be providing updates throughout the year in FAMSEG. The Committee is open to your comments and discussion on Rules and Forms. Send us your thoughts at [email protected].
EFFECTIVE JULY 14, 2022
https://www.floridasupremecourt.org/content/download/843200/opinion/sc22-113.pdf
Fla. Fam.L.R.P. 12.340
- The following sentence is added to Fla.Fam.L.R.P. 12.340(b): “The expert interrogatories authorized by rule 12.280 are not included within the limitation of ten additional interrogatories to a party prescribed by this rule.” Effectively, this excludes interrogatories authorized by rule 12.280 from the ten interrogatory limit imposed by rule 12.340
EFFECTIVE AUGUST 25, 2022:
https://www.floridasupremecourt.org/content/download/846193/opinion/sc22-756.pdf
Fla.Fam.L.R.P. 12.530
- The following sentence is added to Fla.Fam.L.R.P. 12.530(a): “To preserve for appeal a challenge to the sufficiency of a trial court's findings in the final judgment, a party must raise that issue in a motion for rehearing under this rule.”
EFFECTIVE OCTOBER 1, 2022:
https://www.floridasupremecourt.org/content/download/843199/opinion/sc22-1.pdf
Fla.Fam.L.R.P. 12.310:
- Adds in clarifying language regarding “audiovisual” depositions including required language in the notice, the production of subpoenaed documents, responsibility for recordings and obtaining copies, cost of audiovisual recordings and transcriptions, and the court’s determination of use of communication technology for depositions.
Fla.Fam.L.R.P. 12.320:
- The following sentence is added to Fla.Fam.L.R.P. 12.320(b) “any deposition may be audiovisually recorded without leave of the court or stipulation of the parties, provided the deposition is taken in accordance with rule 12.310(b)(4)”
Fla.Fam.L.R.P. 12.407:
- The following sentence is added to Fla.Fam.L.R.P. 12.407(a): ”In addition to in-person proceedings, this rule applies to family law proceedings held remotely via communication technology. The parties, counsel, and the court must ensure that children are not present or nearby during any remote proceedings or able to overhear any remote proceedings.”
Fla.Fam.L.R.P. 12.410:
- Adds in language for methods for recording depositions, required notice for recording depositions, and identification of the operator.
Fla.Fam.L.R.P. 12.430:
- Adds in provision for “Juror participation through audio-visual communication technology”
Fla.Fam.L.R.P. 12.440:
- Adds language that “if applicable, indicate that the court has authorized the participation of prospective jurors or empaneled jurors through audio-video communication technology under rule 12.430(d)”.
Fla.Fam.L.R.P. 12.451 – stricken
Fla.Fam.L.R.P. 12.740:
- Adds the following language to Fla.Fam.L.R.P. 12.740(b) that when a referral to mediation is entered “[s]uch referral, or written stipulation of the parties, may provide for mediation or arbitration in person, remotely via audio or audio-video communication technology, or a combination thereof. Absent direction in the order of referral, mediation or arbitration must be conducted in person, unless the parties stipulate or the court, on its own motion or on motion by a party, otherwise orders that the proceeding be conducted by communication technology or by a combination of communication technology and in-person participation”.
- Adds the following language to Fla.Fam.L.R.P. 12.740(d) that a party is deemed to be present if physically present “or, if permitted by court order or written stipulation of the parties, present via communication technology”.
- Adds the following language to Fla.Fam.L.R.P. 12.740(e) that “[s]ignatures may be original, electronic, or facsimile, and may be in counterparts.”
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NOT OK IS OK...BUT YOU NEED TO SEEK HELP, OK? |
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By: Sarah Sullivan, Esq.
When I gather with a group of lawyers, specifically family law lawyers, I hear things like, “work is so crazy right now,” or, “I’m so stressed out by my clients and my workload.” The pressure of practice never seems to let up. And it is very difficult to “share” the stress and pressure with others due to confidentiality and privilege.
The pandemic also blurred the lines of work/life balance, making it even harder to disconnect and engage in self-care. Lawyers experience depression and substance abuse at exponentially higher rates than the general population. The lawyer suicide rate is double that of the general population. The burden attorneys carry--including long lists of demanding clients, mounting deliverables, and running the business--only adds fuel to the existing fire.
September is Suicide Prevention Awareness Month. If you know of someone exhibiting high risk behavior, here is an acronym for how to talk to a colleague: ACE.
- Ask: “Are you thinking of harming yourself?”
- Care: Show you care.
- Escort: When someone acknowledges they are feeling hopeless, connect them to the nearest resource.
Although we have an ethical obligation to speak up about other attorneys when we have concern about their conduct, most of us feel uncomfortable making that step—especially if it has to do with substance abuse or mental health concerns. But it could save the life of a colleague. Fortunately, the Florida Bar has a Florida Lawyers’ Assistance program to assist with mental health and substance abuse. It is free, confidential, and aids lawyers, judges and even law students. The Florida Lawyers Assistance Toll-Free Hotline is (800) 282-8981, and the website is www.fla-lap.org. Other resources include the National Alliance on Mental Illness (NAMI) nami.org or call 1-800-273-8255 to reach the National Suicide Prevention Lifeline 24 hours a day, 7 days a week, and follow their guidance. You can also visit their website for further information.
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MOTIONS FOR REHEARING REQUIRED TO PRESERVE OBJECTIONS TO INSUFFICIENT TRIAL COURT FINDINGS
Submitted on behalf of the Appellate Committee
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Effective immediately, the Supreme Court of Florida amended Florida Family Law Rule of Procedure 12.530 and Florida Rule of Civil Procedure 1.530 “to clarify that filing a motion for rehearing is required to preserve an objection to insufficient trial court findings in a final judgment order.” In Re: Amendments to Florida Rule of Civil Procedure 1.530 and Florida Family Law Rule of Procedure 12.530, Case No. SC22-756 (Fla. Aug. 25, 2022); 2022 WL 3650789.
Although the justices established a 75-day public comment period expiring November 8, 2022, the August 25, 2022, amendments are effective immediately. See id. n.1.
The amendments add the following to 1.530(a) and 12.530(a):
- To preserve for appeal a challenge to the sufficiency of a trial court’s findings in the final judgment, a party must raise that issue in a motion for a rehearing under this rule.
Id. The Court also added the following commentary to both rules:
- The amendment to subdivision (a) does not address or affect, by negative implication, any other instance in which a motion for rehearing is or might be necessary to preserve an issue for appellate review.
Id.
The opinion, In Re: Amendments to Florida Rule of Civil Procedure 1.530 and Florida Family Law Rule of Procedure 12.530, may be found here.
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METADATA CLEARING: AVOIDING THE DIRTY LITTLE SECRET OF DIGITAL PRIVACY |
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By: Marck Joseph, Esq.
Within the practice of law, privacy is one of the most significant responsibilities we maintain for our clients. Within the digital age, there are so many ways our privacy is under attack. However, when it comes to sensitive information, we will exchange it with our clients, which is the importance of Metadata of documents.
What is Metadata?
Metadata is data that defines or describes another piece of data. In practical terms, metadata reveals information regarding the author of the data, the device being used, and other information that is automatically attached/embedded into the digital file. Most software programs or file formats (Microsoft Office, Adobe Acrobat, etc.) include specific placeholders or standards. They can include much more information about the author, the dates, the creation date, and any changes, comments, or revisions.
Some of the examples of metadata include:
- File creation date and time
- The address or geographic location where the file was created
- Your name, your organization’s name, and your computer’s name or IP address
- The names of any contributors to the document or comments they have inserted
- Type of camera you are using and its settings when the photo was taken
- Type of audio or video recording device you are using and its settings when a recording was taken
- Make, model, and service provider of your smartphone
Although some of these items may be beneficial to your case if you are receiving this information, as you are drafting, filing, and exchanging documents, you want to be aware of this.
Best Practices for Metadata
Before you consider the technical aspects of removing or cleaning Metadata, you must remember that as attorneys, specific exploitation of evidence rules MAY prevent us from intentionally scrubbing metadata from documents. However, the best way to avoid this is to not create or limit the Metadata. With that in mind, here are some worthwhile best practices to prevent this from occurring:
- Saving the file in a format that does not store (or has very limited) metadata. For example, convert the document into a .rtf or .txt file instead of sharing a Word document. For images, use the PNG file format instead of JPEG images.
- Use a metadata cleaner, such as Microsoft Office’s Document Inspector or other special software tools designed to identify and remove metadata.
- Review preferences or settings for the program, app, or device you are using to create the file. Doing so may limit the amount of Metadata they store by changing the default configuration options. For example, you can disable geo-location tracking for your smartphone camera.
- Before sending or posting a file, consider the impact of the file containing Metadata. This is especially true when posting files such as photos or videos to social networking sites like Twitter, Instagram, or Facebook.
Identifying and Scrubbing Metadata
Sometimes, there are no ways to eliminate the creation of Metadata without severely inconveniencing functionality and efficiency within your practice. Here are ways to identify the Metadata information stored and remove it.
On a Windows operating system
Follow these steps to identify metadata on a Windows computer for any file you are working with:
1. Right-click on the file.
2. View its Properties.
3. If there is Metadata that you would like to remove, select the Details tab.
4. Click Remove Properties and Personal Information.
5. Another option is to use Document Inspector, a built-in tool for Microsoft applications, which will identify metadata and give you the option of selectively removing some or all of it.
On a Mac operating system
Remove metadata from a Microsoft Office file on a Mac OS computer by following these steps:
1. Click Preferences > Security > Privacy.
2. Under the Privacy options heading, select Remove personal information from this file on save.
The Mac OS X application Preview can show you the Metadata of any photo by following these steps:
1. Open Preview.
2. Under Tools, select Show Inspector. Use the More Info Inspector (the small “i” tab) to view metadata.
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HEY, WE'RE (FINALLY) ON INSTAGRAM! |
The Family Law Section is now on the IG and we sure would love a follow! Join us @familylawsectionfla and we'll see you on the 'gram!
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SPONSORS WANTED! If your business would like to reach nearly 4,000 Family Law professionals through our various communications platforms and in-person and virtual events, we invite you to consider Section sponsorship. To learn more about benefits and levels, email [email protected] or click HERE to learn more.
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WRITERS WANTED! Want to submit an article for our monthly FAMSEG e-news, or our quarterly magazine, The Commentator? We can always use Tech Tips, Case Law Updates, and other relevant news for our 4,000+ members. Just email [email protected] for more information. Thank you for your interest in contributing to our member publications! |
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