< PreviousMajor changes are coming for Florida’s probate and estate planning industry. On January 1st 2020 House Bill 409 introduced remote online notariza- tions (RON) to Florida, replacing the traditional “presence” requirement for notarizations in which the parties had to be physically in the same room with a standard that considers being able to see, hear and communicate with each other by means of audio- video communication technology as satisfactory. On July 1st, 2020 that new presence requirement and the remote online notarization process will be leveraged for the execution of wills, bringing the same benefits of in- creased accessibility and security that notarizations have enjoyed, to wills. Traditional will formalities in Flor- ida require that to have a validly ex- ecuted will, it must have been signed by the testator, in the presence of two attesting witnesses who also sign in the presence of the testator and each other. This means that three people must be in the same room at the same time to execute a will. Now, if facili- tated by an online notary, this process can be handled remotely and entirely online. So, what would this look like to someone trying to execute their will by this new procedure? To begin, the soon-to-be-testator would upload their will as an electronic document to a RON platform. Then through identity proofing procedures such as credential analysis and knowledge- based authentication the testator’s identity is verified. Credential analy- sis assists the notary in determining the validity of a government issued identification credential by compar- ing the credential against public and proprietary data sources. Knowledge based authentication formulates a series of questions based on public data sources that only the individual in question should be able to answer. After that, the live video and audio session with the notary begins, which is recorded and retained for 10 years by the RON platform. These identity proofing procedures coupled with the recording of the audio and video ses- sion bolster the security and integrity of the transaction. Upon identifying that the docu- ment to be signed is a will, the online notary is required to ask the testator various questions such as; whether they are under the influence of any drugs or alcohol, if they have any con- dition or disability that affects their ability to perform normal activities or require assistance with daily care. To further increase the integrity of the will execution, the notary is required to ask; if the testator is married, if anyone helped the testator access the online session or prepare the docu- ments, the testator’s current location, and if anyone else is in the room. The recorded answers to these questions would likely make convincing evi- dence should the will later be contest- ed for fraud or undue influence. The RON platform must provide a disclaimer that if the testator fits the definition of a vulnerable adult, then the witnesses cannot be remote from the testator. The testator then has the option of providing their own wit- nesses that are in the same room as the testator, or have witnesses con- nect to the session remotely. Wit- nesses that connect to the session re- motely are then certified through the same identity proofing procedures the testator went through. The witnesses must also verbally confirm that they are located within the US or a terri- tory of the US at the time of witness- ing. If those prerequisites are satisfied then the testator may sign, verbally declaring the same, and the witnesses may sign as well, thereby validly ex- ecuting a will online while remote from the testator. RON has been a revolutionary tool for notaries in states that have enact- ed it, and Florida’s novel use of RON in the probate and es- tate planning space seems to show that the revolution is far from over. JAMES MITCHELL | Notary James Mitchell is a co-founder of eNotaryLog, a remote online notarization service provider headquartered in Tam- pa, Florida. He has a background in law working with law firms and tech companies and is a commissioned online notary public. James spends his time working at eNotaryLog as Chief Executive Officer and working with industry leaders to advocate for the widespread adoption of remote online notarization across the US. Welcome to the Future of Wills The recorded answers to these questions would likely make convincing evidence should the will later be contested for fraud or undue influence. AttorneyAtLawMagazine.com 11Get The Law Firm Business Plan That’s Breaking Revenue Records! 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Download your FREE copy of the Business Plan Workbook at www.TransformYourLawFirm.com/AALNFLA Or request a free copy by calling 305-780-6319PR OFESSIONAL SPO TLIGHT Shilts CPA Coaching a Winning Team BY SUSAN CUSHING DIRECTOR OF OPERATIONS AMY PLANT, FORENSIC & VALUATION ASSOCIATE JEFFREY ROBISON, TAX & ACCOUNTING SENIOR ASSOCIATE STEPHANIE SWETLAND, PRINCIPAL CHRISTINA IVES, ADMINISTRATIVE ASSISTANT NICOLE ZADAKIS, JOSHUA SHILTS, AND TAX & ACCOUNTING SENIOR ASSOCIATE STEVEN WILLIAMSTOP NOTCH TROOPS Amy Plant, Jeff Robison, Stephanie Swetland and Chris- tina Ives are just some of the players that make up Shilts’ group of professionals. There’s also Emma, Steve and Ni- cole. Each is a key component in driving results for their clients and each of these talented professionals brings a unique set of skillsets. Perhaps most importantly, they share the same vision and enthusiasm as their leader. Robison, who is a forensic and valuation associate with the firm, worked as a para- legal while earning his bachelor’s degree in business administration and appreciates Shilts’ desire to build an impactful and co- hesive team. “Josh has a knack for spotting real talent,” he says. “Everyone here at Shilts CPA came from different backgrounds, so we all bring something different to the table when we are working on cases. Josh stresses for us all to work together on all of our cases, so as to make sure our clients are receiving the ab- solutely best services possible.” Ives, who originally began working with Shilts on a remote/telecommute basis after the birth of her second child, now serves as the firm’s director of Tax & Accounting and principal. “The way we work together and the vari- ous backgrounds we bring to the table I think makes us unique,” she says. “The abil- ity to work remotely and with each other regardless of our ‘levels’ is definitely some- thing that sets us apart. No one is afraid to roll up their sleeves and/or contribute to the project. Questions are asked, answered and brainstorming is appreciated. Maybe most importantly, Josh is a hard worker who jumps right in, he’s not just an owner.” As a senior member of the team and an enrolled agent, Swetland also serves as the company’s Quickbook’s ProAdvisor. With an associate degree in ac- counting, she is currently working continuing her educa- tion in order to earn her CPA. She also seems to agree with both of her colleagues. “We are more like an extended family than co-workers. We are a very cohesive unit and that makes us great,” she says. “No matter what time of the day or night we are available to each other for brainstorm- ing, teaching, and talking through things. We are very col- laborative and teaching orientated.” Plant has been with the firm the longest, coming on board with Shilts in March of 2016. Currently she handles all facets of firm administrative management including human resources, payroll, IT, finance, accounting, op- erations, customer service, and policy/procedure for two office locations. She is also a member of the National Associate of Certified Public Bookkeepers and a notary public with the State of Florida. Having a ringside seat to the evolution of Shilts CPA, Plant had her own reasons for wishing to join the team. “When I transi- tioned from non-profit to public account- ing, I was looking to work with a dynamic leader in an up-and-coming firm. Since I joined the Shilts CPA team, our firm has grown exponentially each year and it’s all thanks to Josh, his experience and exper- tise, his tireless work ethic, and the fantastic team of professionals he has built around him. “Josh is very charismatic, and the culture of our office is very professional, but fun,” she adds. “We enjoy working with each other, learning together, laughing and eat- ing together!” DIGGING DEEPER Having camaraderie and a cohesive work environment is great, but what about the services they provide? Here too the group that comprises Shilts CPA excels. Whether it’s tax and accounting work, financial ad- vising or the intensive and detailed world of forensic and valuation, this team brings it all. “We offer traditional tax and accounting services, but what really makes us special is our Forensic & Valuation Services (FVS),” says Plant. “Josh and our FVS profession- als are experienced in complex legal matters and can help clients navigate through trying times. This is proven expe- rience providing expert analysis, reports and testimony.” “One of our main goals for our clients, at least on the CHRISTINA IVESAMY PLANT “The ability to work remotely and with each other regardless of our ‘levels’ is definitely something that sets us apart. No one is afraid to roll up their sleeves and/or contribute to the project.” ATTORNEY AT LAW MAGAZINE · FIRST COAST · VOL. 5 NO. 2 14forensic and valuation side, is for them to think of us as an invest- ment, and for them to get a good return on that investment,” adds Robison. “In the Family Law side of things, a client may believe that a spouse is hiding money, but not be sure, and so we are hired to perform an initial investigation into a few accounts to see if we find anything. If not, then that cli- ent will have peace of mind, but if so, then we will be able to meet with that person, let them know what we have found, and whether it would be wise for that client to spend additional monies for further investigation. We are 100 percent honest with clients from the beginning in order to make sure they are not spending thou- sands of dollars on us to find out where a few hundred dollars were spent by their spouse.” Because everyone on the team brings unique and varied talents, the team of Shilts CPA is able to over a broader and more compre- hensive array of services. Accord- ing to Ives this means being able to better address every client’s needs. “FVS does a little bit of ev- erything,” she explains. “We do litigation support, business valua- tion, damage loss claims, calcula- tion of interest and a multitude of consulting arrangements. I enjoy my work largely because of the diverse projects we have the op- portunity to work on. It’s always interesting and always mentally stimulating.” Now four years strong, the vi- sion that Josh Shilts had has not only become reality, but in fact, has even exceeded his expecta- tions. With a group of profession- als with who he carefully hand- picked, Shilts continues to grow and improve. “There was no promise of a pay- check going into this and I had a family and employees to provide for,” he says. “It was a wonder- ful accomplishment to be able to provide for my family and my staff. Even though we have been in business a short time, we have gained recognition in the market- place. It is extremely gratifying to get recognition from peers.” Shilts CPA continues to grow by servicing clients throughout the Southeast United States, with a new emphasis on South Florida, in particular. Complex financial litigation is an area Shilts and his team have developed impres- sive skills and as the economy in Florida grows, they view their skill sets as necessary in providing clients with the service they need. “I was given the ‘push’ I needed and started my own practice,” he says. “I was scared; there was no promise of a paycheck. The first few months was me just trying to pay the bills. I invested every- thing back into the business and continue to do so today. You need to go out and accomplish your goals. Don’t wait for someone else to recognize your achievements. It is your responsibility.” In addition, the firm is continu- ing its growth as a thought leader by reaching out to academia and other think tanks to enhance the guidelines financial experts work within. JOSHUA SHILTS JEFFREY ROBISON STEPHANIE SWETLAND At a Glance SHILTS CPA, PLLC Tel: (844) 850-6166 Web: www.ShiltsCPA.com Jacksonville Office: 121 W Forsyth Street, Suite 600 Jacksonville, FL 32202 Ocala Office: 3301 SW 34th Circle, Suite 401 Ocala, FL 34474 PRACTICE AREAS: Forensic & Valuation Services • Business Valuations • Forensic Accounting & Audits • Litigation Support • Economic Damages & Lost Profits • Family Law • Mergers & Acquisitions Tax & Accounting Services • Business & Individual Tax Preparation, Planning, & Problems • Bookkeeping Services President/Owner: Joshua Shilts, CPA/ ABV/CFF/CGMA, CFE Principal Christina Ives, EA ASSOCIATES: Jeffrey Robison – Forensic & Valuation As- sociate Emmaculate Muambo, CFE – Forensic & Valuation Associate Stephanie Swetland, EA – Tax & Account- ing Senior Associate Steven Williams – Tax & Accounting Se- nior Associate Amy Plant – Director of Operations Nicole Zadakis – Administrative Assistant AttorneyAtLawMagazine.com 15Attorney of the Month John M. Phillips Lindsay L. Tygart Rising Star Barry S. Sinoff A Tribute to an Icon Kathy Para Attorney Spotlight GiselleCarson Kansas Gooden ATTORNEY SPOTLIGHT RISING STAR Attorney of the Month William Harrell Katherine Wagner Rising Star Jim Farah Attorney Spotlight Thomas S. Edwards, Jr. & Eric C. Ragatz Attorneys of the Month Spohrer & Dodd Law Firm of the Month W.C. Gentry Legal Legend Jay Howanitz Rising Star Michael Orr Attorney Spotlight Boutique Firm of the Month Law Firm of the Month Attorneys Howard Coker ATTORNEY OF THE MONTH Ashley M. Myers BARRY SINOFF AWARD OF EXCELLENCE Michael Stanski ATTORNEY SPOTLIGHT Jesse Wilkison RISING STAR Carl Dawson LEGAL LEGEND LEGAL LEGENDS CLASS OF 2017 ATTORNEYS OF THE MONTH JALA ATTORNEY KATY DEBRIERE LEADS PARTNERSHIP BENEFITING CHILDREN WITH MEDICAL AND LEGAL NEEDS Robert Kirilloff Jessica Jowers 2018 40 Top10 UNDER ATTORNEYS OF THE MONTH Shannon Haberle RISING STAR Josh Shilts PROFESSIONAL SERVICE SPOTLIGHT MANNY PAPALAS CHUCK GRIFFITH 2019 Community SERVICE AWARDS ATTORNEY OF THE MONTH ANNE MARIE GENNUSA Attorney Spotlight THE FIRST WOMEN IN LAW A timeline of Jacksonville’s first femalelawyers and judges 2019 WOMEN Law SPECIAL ISSUE IN RICE FERRELLE DAVID BURNS ATTORNEYS OF THE MONTH ALSO INSIDE FRAZ AHMED LITIGATOR SPOTLIGHT JAMES POINTDEXTER RISING STAR FLORIDA CHAPTERS OF THE AMERICAN BOARD OF TRIAL ADVOCATES Association Profile BRIDGE TO JUSTICE For the Greater Good ATTORNEY OF THE MONTH Steve Browning ATTORNEY OF THE MONTH D. Finley Williams Jr. Top 10 KAYLA A. HAINES Rising Star UNDER 40 Attorney of the Month Rising Star Attorney Spotlight Angie Smith Jessie L. Harrell Women Kara Roberts TaxSmith LLC IN LAW 2017 Bryan Gowdy & Rebecca Creed ATTORNEYS OF THE MONTH Matthew W. Spohrer RISING STAR Robert Riva FLORIDA COASTAL SCHOOL OF LAW ATTORNEY SPOTLIGHT Robert Spohrer & Roger Dodd TRIAL ATTORNEYS CELEBRATE 10 YEARS Law Offices of John M. Phillips Top 10 Under 40 Art Stresing Florida Coastal School of Law Attorney Spotlight Law Firm of the Month Dan Iracki ATTORNEY OF THE MONTH LEGAL LEGENDS CLASS OF 2018 MARK GREEN Barry Sinoff Award of Excellence HON. MICHELLE KALIL JWLA Woman Lawyer of the Year Lee Lockett ATTORNEY OF THE MONTH BUSH LAW GROUP Law Firm of the Month CHARLIE COFER Public Service Attorney Spotlight CHAMPION EIGHT CIVIL LITIGATORS JAY HOWANITZ Attorney Spotlight LOGAN MCEWEN Rising Star Belkis Plata Shannon Schott A TT ORNEY S OF THE MONTH The Honorable Karen K. Cole 25 Years on the Bench Chris Cobb and James Gonzalez A TT ORNEY S OF THE MONTHThank you to the First Coast legal community for five great years. We look forward to many more. Sincerely, Thomas Brady Attorney of the Month William Harrell Katherine Wagner Rising Star Jim Farah Attorney Spotlight Reid M. Hart Attorney of the Month Holly Howanitz Rising Star Stephanie Burch Attorney Spotlight ATTORNEYS OF THE MONTH Shannon Haberle RISING STAR Josh Shilts PROFESSIONAL SERVICE SPOTLIGHT MANNY PAPALAS CHUCK GRIFFITH 2019 Community SERVICE AWARDS ATTORNEY OF THE MONTH PATRICK KRECHOWSKI Attorney Spotlight JACKSONVILLE JUSTICE ASSOCIATION Association Profile ASHLEY COX Barry Sinoff Award of Excellence GISELLE M. GIRONES Rising Star MISSY DAVENPORT For the Greater Good Carolyn S. Zisser WOMEN IN LAW 2018 CELEBRATES OVER FOUR DECADES OF JUSTICE ATTORNEY OF THE MONTH Law Offices of John M. Phillips Top 10 Under 40 Art Stresing Florida Coastal School of Law Attorney Spotlight Law Firm of the Month The Honorable Karen K. Cole 25 Years on the Bench Chris Cobb and James Gonzalez A TT ORNEY S OF THE MONTH Zisser Family Law LA W FIRM OF THE MONTH Stefano D. Portigliatti A TT ORNEY SPO TLIGHT Celebrating 100 Years of Women’s Right to Vote ThomasBradyZisser Family Law When husband and wife attorneys Elliot Zisser and Caro- lyn Zisser started their separate family law practices, their focuses were on achieving the best possible results for their clients. Elliot Zisser founded his downtown firm with his brother Barry, a renowned Jacksonville trial lawyer, in 1971. Carolyn Zisser started out on her own in Neptune Beach two years later, choosing that location so she could be closer to home and the couple’s children. The idea that over the ensuing 40-plus years, “Zisser” would become one of the most lauded names within north- eastern Florida’s marital and family law legal community probably never occurred to the dedicated lawyers. But that is exactly what hap- pened, and today, the two “separate but equal” law firms, each with its own firmly established reputation for providing exceptional family law services, have joined forces to become a single firm under the name Zisser Family Law. The law firm, which will maintain its two existing locations, offi- cially became one on January 1, 2020. LA W FIRM OF THE MONTH Blending a Family Law Firm BY VICKI HOGUE-DAVIES BECPHOTOGRAPHYThe boutique family law practice includes partners Elliot Zisser, Carolyn Zisser and their son Jonathan Zisser, who had joined the downtown practice from the Jacksonville Public Defender’s Office in 2007. Three associate attorneys who were on board at the Zissers’ pre- vious firms are also part of the new Zisser Family Law. They are Joseph Alvarez, Katherine Johnson and Lynn Salvatore. The firm handles marital and family matters that range from the relatively simple to the highly complex, including cases involving di- vorce, alimony and child support, timesharing, valuation and distribu- tion of assets and complex valuations of businesses. With Jonathan Zisser at the criminal law helm, it also takes on criminal issues that arise in the context of family litigation, such as domestic violence and domestic battery, DUI offenses, child abuse and other cases. MAKING THE DECISION TO COMBINE Why after more than four decades in their highly successful indi- vidual practices, did the Zisser’s decide to integrate into a single firm? There were several important factors that drove the decision. In addi- tion to some brand confusion in the marketplace because of the simi- lar firm names, as the reach of the two firms continued to grow, the partners found that they were sometimes in competition with each other. “Besides the name confusion, we were competing for the same cli- ents that we could be sharing,” says Carolyn Zisser. “Another factor was that it just worked. We both practiced in complex family law, we both had established very strong family law practices, so we could come together as equals.” The two original firms also shared the same core values, which fur- ther made the decision seem like a natural one. Adding to that the ability to combine technological resources as well as leverage the legal experiences of a larger group of attorneys helped cement the decision to become a single-family law unit. “We now have more great minds working together,” says Elliot Zisser. “We may have different views and opinions, but through this collaboration, I think we’re able to achieve even better results for our clients. And we aren’t sure, but we may be the biggest boutique family law firm in the area. It is rare to have six people practicing family law together in Jacksonville.” “As firm founders and pioneers in the family law legal field, with each having more than four decades of experience, my parents want- “We may have different views and opinions, but through this collaboration, I think we’re able to achieve even better results for our clients. And we aren’t sure, but we may be the biggest boutique family law firm in the area. It is rare to have six people practicing family law together in Jacksonville.”Next >