"Mankind has always feared what it doesn't understand," "Because most people will never know anything beyond what they see with their own two eyes." Not my words, but I believe Magneto and Nightcrawler said it best. Why movie quotes? Well, if they said it best, who am I to try to reinvent the wheel? And, what do these quotes have to do with this month's newsletter? I am so very glad you asked! As you are all aware - and if you are not aware, trust me when I say I will make you aware - CFPA will spend the first ½ of this year fundraising for the National Alliance for Mental Illness of Greater Orlando (NAMIGO). Don't pretend like you have not been privy to the millions of yahoo blasts and Facebook posts! It is my opinion that people do fear what they do not understand or cannot tangibly see. To live with a mental illness, or to interact frequently with a person who has a mental illness, is a challenge few can comprehend. The only way for people to overcome the fear of the unknown is to educate themselves about that which they fear. And, if there is one thing CFPA is all about, it's education. And we will continue to educate ourselves whether we receive CLE credit for it or not! MENTAL ILLNESS DEFINED: mental illness is a medical condition that disrupts a person's thinking, feeling, mood, ability to relate to others and daily functioning. Just as diabetes is a disorder of the pancreas, mental illnesses are medical conditions that often result in a diminished capacity for coping with the ordinary demands of life. Serious mental illnesses include: major depression, schizophrenia, bipolar disorder, obsessive compulsive disorder (OCD), panic disorder, posttraumatic stress disorder (PTSD) and borderline personality disorder. The good news about mental illness is that recovery is possible, and CFPA is proud to assist NAMIGO in its efforts to provide recovery opportunities for those that need it. For more information on NAMIGO's services please visit NAMIGO online. To assist in the fundraising efforts, CFPA will be selling raffle tickets for ...wait for it... a 7 night/8 day vacation at the Resort of your choosing. Want more details? Visit CFPA's website at CFPA - Community Service. Also don't forget to register for the NAMI of Greater Orlando Walk on Saturday, May 3, 2014. You can look forward to receiving more information on registration through our yahoo blasts and Facebook posts - so stay tuned! CFPA is very pleased to have Theresa K. Thomas, CP, FRP, back as Co-Chair of our Continuing Legal Education. Please feel free to submit seminar ideas to clechair@cfpainc.org. Be sure to visit our website at CLE Seminars to register for "Recent Statutory Development in Florida Family Law" and "How a Paralegal Navigates in a Changing Legal Landscape: The Ethics of Being Professional" on February 27, 2014. CFPA is pleased to have Thomas D. Marks, Esq., present. NALA has approved this seminar for 1.5 credit hours inclusive of .5 hours of ethics. Remember, NALA approved CLEs are also approved by the Florida Bar so FRPs feel free to come out and see us! CFPA is still in need of volunteers for Law Week! As a recap from last month's newsletter (not that you need it because I know you all read it!): CFPA will once again be participating in OCBA's Law Week. The 2014 Law Week is themed, "American Democracy and the Rule of Law: Why Every Vote Matters. 2014 marks the 50th anniversary of the Voting Rights Act of 1965. CFPA will assist in the Pathways in Law Program during the week of March 24th. We will once again provide goodie bags and lunch to the children as they take a tour of the Orange County Courthouse, participate in Mock Trials and find out about a "Day in the Life of a Judge". If you would like to participate or donate school supplies or items for the goody bags, please contact our Pathways in Law Chair, John Starks at treasurer@cfpainc.org. Our 2nd Annual March BOWL-A-THON is being held on March 28th at 7:00 p.m. at Kings Lanes Lounge & Sports on International Drive. Technically, I have to tell you that this is also CFPA's 1st Quarter Membership Meeting. A small presentation on the status of your wondrous association will be given, but I am well aware that you are all just going to come out so you can see me.... and bowl ... and eat ... and .... whatever. We are looking forward to seeing you! A HUGE THANK YOU TO U.S. LEGAL FOR SPONSORSHIP OF THIS EVENT! I think that covers it all for now, stay tuned for next month's riveting President's Message. Until then, live long and prosper.
We appreciate Colling, Gilbert, Wright & Carter's sponsorship of our newsletter this month and as a continued supportive Patron Member of CFPA. If you wish to know more about Colling, Gilbert, Wright & Carter, please click on their logos which will take you to their websites.
Marisa Green, CP, FRP
Certified Paralegal/Florida Registered Paralegal
CFPA President - 2014
President@cfpainc.org
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Winter Park/Maitland Luncheon ...
CFPA's Next Winter Park/Maitland Luncheon
Thursday, February 13, 2014
11:45 a.m.
at
Olive Garden
665 N. Orlando Avenue
Winter Park, FL 32789
(Across from the Winter Park Village)
To RSVP to attend, please contact,
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CFPA February CLE ...
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Got Ethics? ...
This is a new section of the Carpe Diem E-Newsletter ...
CFPA would like to hear from our membership of any ethical situations or concerns you may need help or some guidance with. This would be kept completely anonymous! If you would like to submit your question or concern to us please email it to Editor@cfpainc.org.
Disclaimer: In no way is CFPA and/or any of its representatives assisting with the "Got Ethics?" portion of this newsletter providing any legal advice. This is merely to provide a forum to discuss issues with other seasoned paralegals on ethics. For ethical rules, See Rule 20-7.1, Rules Regulating The Florida Bar.
Our first submission concerns conference calls and the use of speaker phones while maintaining confidentiality: QUESTION:Conference calls (cuts down on traveling) are the norm today; however, when talking about confidential matters (this probably means everything talked about), can you "assume" that all participants are protecting the information being shared? How confidential are the calls when speaker phones are used? How does one control who hears what is being said? If there is a breach of confidentiality, how would you determine the source? RESPONSE: There are no rules, statutes, or regulations published regarding confidentiality and telephone conferences. I have done some research and what I found that pertains to the issue of speaker phones and breaching confidentiality is this. The Fourth Amendment only protects you against searches that violate your reasonable expectation of privacy. A reasonable expectation of privacy exists if 1) you actually expect privacy, and 2) your expectation is one that society as a whole would think is legitimate. In 1967, the United States Supreme Court held in Katz v. United States, 389 U.S. 347 (1967), that when a person enters a telephone booth, shuts the door, and makes a call, the government cannot record what that person says on the phone without a warrant. Even though the recording device was stuck to the outside of the phone booth glass and did not physically invade Katz's private space, the Supreme Court decided that when Katz shut the phone booth's door, he justifiably expected that no one would hear his conversation, and that it was this expectation, (emphasis added) rather than the inside of the phone booth itself, that was protected from government intrusion by the Fourth Amendment. Therefore, it is reasonable to assume that a conference call behind closed doors in your office would be considered and protected under the same grounds. However, when you are conducting that same telephone conference call via speaker phone, in your office behind closed doors, is the call still being kept confidential? Factors to consider before placing your next call on the speaker phone: 1) Do you have a reasonable expectation of privacy? 2) Would society as a whole think it is a legitimate expectation of privacy? 3) How loud is the speaker phone? 4) Can people outside your office hear the telephone call? 5) Can you hear people in the office next to you when they are on the telephone? Always keep in mind that whatever you expose to the public is not protected or privileged. So, if you're in a coffee shop using your cell phone for a conference call discussing confidential matters with your client, and other patrons sitting at the tables near you hear what you are saying, then it is reasonable to assume that you are not protecting your client's expectation of privacy, and more importantly you have breached confidentiality, and may have waived the client's right to attorney-client privilege. Assuming that the people in your office are under the same confidentially requirements to maintain attorney-client privilege, it is not an issue to have your paralegal or assistant over hear a confidential conversation between you and the client. However, assume that there is an unrelated office next to you, and you can occasionally hear conversations from that office. Is it reasonable to assume that they can also hear your conversations? Absolutely. Considering this, it is also reasonable to assume that any telephone conference you conduct via speaker phone has the potential to be overheard by people who are not involved in your case, and are not under the same attorney-client privilege rules. Knowing this, it removes the reasonable expectation of privacy and has the potential to breach your client's right to confidentially if the wrong person overhears your otherwise privileged conversation. To answer the questions posed above: 1) How confidential are telephone calls when conducting the call via speaker phone? It depends entirely on your environment and how the telephone call is conducted. If you are in your office and have a reasonable expectation of privacy, then it is also reasonable to assume the telephone call is confidential. If you are able to overhear conversations from the office next to you, then it is reasonable to assume they can overhear your conversation as well. This removes the reasonable expectation of privacy, which in turn has the potential to remove confidentiality. 2) How do you control who hears what is being said? When you can hear the office next to you, then you can reasonably assume they also hear you. If, this is the case in your office, when conducting a telephone conference do not use the speaker phone or lower the volume of your speaker phone and talk in a lower voice that cannot be overheard. If there is more than one person that will be participating in the telephone conference, use another office, or a conference room that is centrally located within your office. 3) If there is a breach of confidentiality, how would you determine the source? It would be a very difficult task. If I was trying to determine where the breach came from, I would track where and when the breach occurred and through process of elimination, I may be able to track the source. However, that is not an easy task and I would need to have information regarding where each person was when the telephone conference occurred as well as who the people around them where.
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Don't Get Distracted Behind the Wheel ...
Don't Get Distracted Behind The Wheel
by: Melvin Wright, Esq.
Colling, Gilbert, Wright & Carter
Imagine driving the length of a football field at 55 miles per hour wearing a blindfold. Insane, right? Well, that's essentially what's happening when we send or receive a text message behind the wheel - we're taking our eyes off the road long enough to drive unaware for at least 300 feet. And, since texting also requires us to take our minds off the road and our hands off the wheel, it is by far the scariest of the driving distractions. The act is not only reckless, but makes us three times more likely to experience a crash. Consider the following statistics (Source: Distraction.gov):
Last year, an estimated 421,000 people were injured in motor vehicle crashes involving a distracted driver. This is a nine percent increase from the estimated 387,000 people injured in 2011.
According to a study by the National Highway Traffic Safety Administration, at any given time during the day approximately 660,000 American drivers use cell phones or manipulate electronic devices while driving.
Of all drivers under the age of 20 involved in fatal crashes, 11% were reported as distracted at the time of the crash. This age group has the largest proportion of drivers who were distracted.
While texting and using a smartphone (for anything) are two of the most frightening distractions, the following also put everyone - drivers, passengers and pedestrians - at greater risk:
* Eating and drinking
* Grooming
* Reading a map
* Using a navigation system
* Adjusting a radio, CD player or MP3 player
It will take more than educating the public to put an end to distracted driving. It's a start, but our nation's growing addiction to hand-held, mobile devices seems stronger than our desire to drive safely. Currently, there are 41 states with laws banning texting while driving, but most are still figuring out how to enforce those laws. Until there's a nationwide ban with proven enforcement measures in place, and harsh consequences the norm for lawbreakers, its unlikely things will change. If the trend in statistics shows anything, it's that the numbers will only get worse. The time for action is long overdue. Each and every one of us can play an important role in making our streets safer. By making a pact - a promise to ourselves, our kids and each other - to put away the distractions and just simply drive, we could save so many lives. Maybe even our own.
Reprint Permission by Marisol Gomez, FRP at Colling, Gilbert, Wright & Carter |
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CFPA's 1/2 Year Charity - NAMIGO ...
 CFPA's first half of 2014 charity is NAMIGO. CFPA has several events lined up for this charity and CFPA just held a fundraiser by hosting a Pampered Chef online party. See below for other events happening.
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CFPA will also be participating in the NAMI Walk on Saturday, May 3rd @ Lake Lily in Maitland.
To make a secure online donation to the CFPA Walk Team or to join the walk team please click the link below:
Also if you would like to learn more about the National Alliance on Mental Illness - Greater Orlando, please check out the latest issue of their newsletter where CFPA's efforts are recognized - link below: NAMIGO Weekly Be on the look our for future fundraising and awareness events that will be supporting CFPA's 1st Half Year Charity. |
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CFPA on the Web ...
You can find CFPA on these social networking sites:
Facebook
Linked In
Twitter
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OCBA's 2014 Law Week ...
CFPA is co-chair of the Sub-Committee, Pathways in Law program for OCBA's 2014 Law Week and we are looking for some awesome volunteers to help our designated chair, John Starks, with this event! Part of this event, will be helping with the following tasks: - Coordinate speakers for this event
- Coordinate with Parramore Kidz Zone and Farmworker Ministry in transporting the children to the courthouse
- Coordinate either obtaining sponsors to provide pizza and drinks for kids' lunch
- Coordinate with the League of Women Voters for the Pathways In Law cake for the kids
- Coordinate with the Judicial Co-Chair in putting together a mock trial with the kids.
- Coordinate volunteers to help assist with the Pathways in Law program on the designated date which will be sometime during the week of March 24, 2014, spring break for Orange County Public Schools
If you're interested in representing CFPA on this OCBA Law Week Subcommittee, please email Pathways in Law Subcommittee Co-Chair, John Starks, at John.Starks@disney.com or 2014 OCBA Law Week Co-Chair, Nikki Rodeman at nikki@floridabusinesslaw.com. |
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Downtown Orlando Luncheon ...
CFPA's Next Downtown Orlando Luncheon
Wednesday, March 12, 2014
12:00 p.m.
at
Schumann's Jager Haus (a German Restaurant) 25 W.Church Street Public parking on Hughey Street. 
Please RSVP to Linda Ralston at lralston226@embarqmail.com
By no later than March 10, 2014
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March Bowl-A-Thon/1st Quarter Membership Meeting ...
1st Quarter Membership Meeting and Bowling Social
CFPA Members - FREE Non-Members - $20.00
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From the Editor ...
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Cassie Snyder, ACP, FRP Editor - Carpe Diem Editor@cfpainc.org
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If you would like to advertise or if you have any legal related articles or topics of interest that you would like to see covered in the next issue of the Carpe Diem please feel free to share them with me.
Article submissions by CFPA Members on legal related subjects are published upon approval and discretion of the Editor. There is no charge for these items to be published
Advertising Rates for 2014:
$30.00 per Issue; or
$150.00 for 6 Issues (CFPA Patrons Members only); or
$300.00 for 12 Issues (CFPA Patrons Members only)
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Membership Corner
Welcome New Members:
Victoria Masters
Darlene M. JordanSouth Milhausen, P.A.
For Membership Information and Application CLICK HERE
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Marisol Gomez, FRPColling Gilbert Wright & Carter801 N. Orange Ave., Suite 830Orlando, FL 32801407-712-7300
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