Click an article to expand
Jennifer Englert has grown The Orlando Law Group through the years to allow her team to provide legal assistance to residents of many Central Florida neighborhoods.
Eight years ago, Jennifer Englert and another attorney founded The Orlando Law Group in Avalon Park with a mission to be the area’s “neighborhood” attorneys. They balanced community involvement with providing legal services to families that desperately needed them.
The concept was well received, so they opened a Lake Nona office nearly six years ago and added a Dr. Phillips office about three years ago. With that growth came expanded practice areas, including business, bankruptcy and personal injury.
Englert shares more about The Orlando Law Group in her own words:
How does The Orlando Law Group raise the bar for clients?
We are a team of highly experienced and dedicated le- gal professionals, each with different areas of expertise. We work together to solve legal problems and provide preventative legal services to solve legal issues before they happen. One key aspect that differentiates us from many firms is the care and compassion we bring to each and every client. Many of our clients become personal friends, provide referrals or are people we’ve worked with side by side while serving within the community.
What is one thing that others don’t know about your business but should?
We pride ourselves on being “Honest, Approachable Attorneys Who Care.” That is more than just a motto to us. At The Orlando Law Group, you can be sure that your attorney possesses both a sharp, experienced legal mind, and a friendly smile that will welcome and comfort you. What’s more, we are serious about preventative legal tactics, work- ing to solve issues for our clients before they blow up into legal messes. Simply put: we are here for you, and we have your back at all times!
How does The Orlando Law Group give back?
We all have charities we care about. We provided pro-bono legal and probate services for the families of Pulse victims and other services through legal aid. We help children by serving as members of Kiwanis, our local PTAs and by helping families with special needs children. We serve veterans by helping them obtain benefits. We are also involved in our local chambers of commerce and other business groups. Part of the reason we care so much is because we have a veteran on staff, many of us are parents, and a few of us have children with special needs. We draw upon our own struggles to aid others.
How have you evolved and diversified to ensure you truly are a full-service law firm?
Once we discovered how helpful it was to have various experts in several types of law on staff, we began to assemble a team with diverse backgrounds and expertise. We never wanted to send clients away to other firms or counsel, as working together provides better results in all legal matters. We realized how thankful clients were to have such a wealth of legal help close to home, so we strategically positioned our offices close enough to one another so that we can still work as a team and remain close to large neighbor- hoods around Central Florida.
Copyright © 2017, Lifestyle Magazine
CLICK HERE to download article in magazine format (PDF)
By Beth Kassab, The Orlando Sentinel
A state arbitrator on Friday sided with a homeowner who challenged the way Poinciana’s homeowners association, one of the largest in the state, held its election of board members.
The arbitrator threw out the Association of Poinciana Villages’ results from a February election and ordered the group to hold a new election in August for the sprawling community of 26,000 homes in Osceola and Polk counties.
In question was whether Avatar, Poinciana’s developer and still a significant landowner, could cast one vote for every house it says it could potentially one day build on land it owns that is still undeveloped.
As a result of that practice, Avatar has been able to elect its representatives to the HOA board and maintain control over the 44-year-old community of more than 50,000 people, including the collection of fees, argued homeowner Martin Negron, who filed the complaint against the association.
He claimed he lost the February election because Avatar improperly cast more votes than it should have by claiming it could build hundreds of homes on land that is covered by marsh and wetlands. The association is made up of nine villages, which all conduct elections.
The order said counting so many votes for construction that may not be approved by the local county government “improperly diluted the votes of other members of all the associations.”
“Avatar may not maintain control of the sub-associations and thereby the association in perpetuity by an imaginary regulatory scheme where maximum density is the only law applicable to building a home,” wrote Terri Leigh Jones, an arbitrator with the state Department of Business and Professional Regulation, which oversees HOA elections.
Jeffrey Smith, an attorney with the Orlando Law Group who represented Negron, said the order is a win for the little guy — the people who own homes in Poinciana.
“It gives much more power and sets a good precedent for the members so they can control the community in which they live and not leave it up to some large corporation,” he said. “At least it puts the members on a fairer playing field with the developer.”
Avatar must now provide proof that it’s able under local and state codes to build the number of homes it uses to determine the amount of votes it will cast, according to the order.
A spokeswoman for the association said officials are still reviewing the order and did not provide immediate comment.
A separate lawsuit filed by three homeowners is challenging the association in Polk Circuit Court, while homeowners in another Avatar community, Solivita, also are suing the developer.
Keith Laytham, a resident of Solivita and an advocate for residents throughout Poinciana, called the arbitrator’s ruling a win.
“Fasten your seat belt because we ain’t done yet,” he said.
Copyright © 2017, Orlando Sentinel
CLICK HERE to see article on the Orlando Sentinel
The Orlando Law Group Announces Opening of New Office in Waterford Lakes
Orlando, Florida, October 26, 2015 – The Orlando Law Group (OLG) is pleased to announce the official grand opening of its third location, having recently opened an office on the corner of Lake Underhill Road and Alafaya Trail in Waterford Lakes. To be held December 3, the grand opening will include a ribbon cutting ceremony and an open house for the community.
Since its founding six years ago, OLG has grown to a team of seven attorneys and has become known for delivering results and advice in a professional, warm atmosphere that sets clients at ease. The growth that has come with that reputation was the impetuous for the opening of a new location.
“So much of the success that we have experienced has been a result of our commitment to put people first,” explained OLG founder Jennifer Englert. “This new office reflects that as it better meets the needs of our people – its location is more centrally located in East Orlando and it is a little larger to accommodate the growing needs of our client base.”
Located at 12301 Lake Underhill Road, the new location is conveniently situated near 408 and 417.
“We look forward to rolling up our sleeves and becoming a part of a new community,” Englert said, reflecting the firm’s commitment to serving the communities in which its employees live and work. At their other locations, lawyers and staffers at OLG are frequently found donating their time and money to local causes. This new office will continue in that tradition.
“We are very pleased to welcome The Orlando Law Group to Waterford Lakes,” said Stephanie Larret, President of the East Orlando Chamber of Commerce. “I am truly grateful for the civic spirit and service they will bring to our community.”
The firm will host a grand opening ribbon-cutting ceremony to officially open its new home on December 3 from 5:30 to 7:30. The community is invited to join in the celebration and meet the attorneys at 12301 Lake Underhill Rd, #213 in Orlando. The festivities will include food from local vendors and raffles.
To find out more about The Orlando Law Group and all three of its offices visit www.theorlandolawgroup.com.
About The Orlando Law Group:
The Orlando Law Group (OLG) was founded by Attorney Jennifer Englert in 2009. Its diverse team of attorneys have a wide breadth of experience which allows them to protect their client’s rights through the evolution of their business, as well as personally while they progress through all stages of life. Over the years, they have created a stellar reputation in the community as professional legal experts who believe foremost that planning ahead is the best option for their clients, as their aim is to minimize the number of potential disputes and costs of litigation. The Orlando Law Group is more then a legal team, they’re your life-long partner who will work with you to build a relationship while creating solutions that work.
By Heather A. McLeod, The Orlando Law Group, PL
Published in “Building Central Florida Magazine
On April 28, 2016, the Florida Supreme Court rendered its decision in Castellanos v. Next Door Company. Shortly thereafter the Florida Supreme Court rendered its decision in Westphal v. City of St. Petersburg on June 9, 2016. The Castellanos case had been tried on July 3, 2012 and then oral argument took place on November 5, 2014. Westphal was tried on June 22, 2012 with oral argument occurring on June 5, 2014. So, these cases sat pending for 540 days and 735 days respectively since oral argument. These two decisions have now turned back the clock on major provisions of the workers’ compensation law.
In Castellanos, the Supreme Court declared the attorney provision of the statute unconstitutional. The statute had been changed in 2003 as such that an attorney representing an injured employee was strictly restrained to a formula fee based upon the value of the benefits secured. Prior to 2003, the statute allowed for a reasonable fee which would further allow for an attorney to receive their fee based upon the reasonable hours to secure the benefits.
In coming to this ruling, the Court explained that the attorney’s fees in Florida workers’ compensation serve a dual purpose. First, the fees enable the injured worker who has not received benefits to obtain competent legal assistance. Secondly, the fees serve as a penalty to employers that are wrongfully denying benefits. As a result of the Castellanos decision, the attorney for the injured worker has the ability to show that a statutory or formula fee will result in an unreasonable fee and thereby assert a fee based upon the hourly basis.
The Court in Westphal declared the provision of the statute, 440.15 (2), as unconstitutional. This section limited the injured worker to 104 weeks of temporary total disability. The Court stated that this limitation deprived the injured worker of disability benefits under these circumstances for an indefinite amount of time which created a system of redress that no longer functioned as a reasonable alternative to tort litigation. Workers Compensation Insurance provides the Employer with immunity against a civil action. As such, the injured worker gives up the right to sue them in tort for exchange of workers’ compensation benefits. The Court found that the limitation to 104 weeks was no longer a reasonable exchange for giving up the rights. To provide some history, Westphal involved a firefighter who had exhausted his 104 weeks of temporary benefits and sought Permanent Total Disability benefits. However, he still required additional surgeries and did not meet the prerequisite for Permanent Disability Benefits because he had not reached Maximum Medical Improvement. Thus, he fell into a gap period between exhausting the temporary benefits and being able to pursue permanent benefits.
The Supreme Court found this gap period violated access to courts and cut off their benefits at a critical time with no redress. In declaring it unconstitutional, the Court revived the 260-week limit on temporary total benefits that existed in the pre-1994 version of the statute.
WHAT EFFECT WILL THESE DECISIONS HAVE ON EMPLOYERS?
As a result of the Castellanos decision, we have seen an immediate spike in attorney representation for injured worker’s claims and the filing of claims. Moreover, there were awards of attorney’s fee to claimant’s attorneys going back several years which had just been sitting out there. There was no way to push the fee issue and the claimant’s attorneys were waiting until this decision in order to pursue an hourly based fee.
We are seeing the filing of Verified Petitions for Fees to resolve those old fee awards on an hourly basis. While the starting point still remains the formula fee, there is no doubt that we will see more litigation as claimant’s attorneys will have an incentive to take more depositions and engage in more litigation in order to provide evidence that the statutory fee would produce an unreasonable result. We will see their willingness to litigate smaller issues as there is an incentive to do so.
With Westphal, there is still some ambiguity as to the extent the limitation of 104 weeks applies. The Court’s decision rendered the statute unconstitutional only “as applied to Westphal and others similarly situated.” Thus, the ability to secure the additional weeks may be dependent upon how similar the injured worker is to Wesphal. In the pre-1994 statute, it provided 260 weeks for temporary total benefits and a separate 260 weeks for temporary partial benefits. As such, this decision could mean the injured worker is entitled to up to 260 weeks of temporary total and that includes the 104 weeks of temporary partial.
Alternatively, the decision could mean the injured worker is entitled to up to 520 weeks of combined temporary total and temporary partial. Nonetheless, we can expect that there will be a push for injured workers to remain on a no work status for as long as a period of time as possible. Because of Castellanos and Westphal, the exposure for claims has increased which means an increase in attorney representation and filing of claims. NCCI originally filed for a rate increase of 17.1% for workers’ compensation policies. However, they just filed on July 1, 2016 an amended rate and proposed 19.6% with an effective date of October 1, 2016. So, it will now cost the employer more for policies and they will be faced with increased claim exposure.
WHAT CAN BE DONE TO MINIMIZE THE IMPACT?
It is critical for Employers and their Insurance Carriers to thoroughly and accurately evaluate their claims at every stage in order to provide the appropriate benefits and negate those areas for potential fee entitlement. Investigating the claim as soon as reported will provide valuable information about the accident, the alleged injuries and also information as to the employee’s prior accident history. All these facts are crucial to making the best decision for the handling of the claim.
The best way to minimize the attorney fee issue is to make the correct decision and not owe a fee at all. The medical experts selected to provide treatment will be critical to reigning in the claimant’s desire to remain out of work as long as possible. It will be necessary to make sure that the medical provider is applying objective criteria in determining work status and the placing of the worker at MMI. A knowledgeable attorney will be able to address issues and design an appropriate strategy to help Employers and their Insurance carriers through the process.