2013 HLA Summer Newsletter

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PRESIDENT Byrnes Guillaume, Esq.

PRESIDENT - ELECT Fritznie Jarbath, Esq.



TREASURER Ronald Surin, Esq. SECRETARY Louis C. Senat, Esq. PAST PRESIDENT Stephanie Duchiene - Welsh, Esq.

By Patricia Elizee, Esq. of Elizee Hernandez Law Firm Contrary to popular belief, being ordered removed from the United States or actually being deported is not a death sentence. An immigrant still has different options available to them to stay in the United States, or even return to the US, and obtain legal status after being ordered removed. A competent immigration attorney is able to seek relief for an individual by filing the appropriate applications with the Department of Homeland Security or the Department of State, by filing a motion to reopen with the Immigration Court, or by filing an appeal with the Board of Immigration Appeals. Under the current proposed terms for immigration reform, those who have already been deported are also included in the group of immigrants that may benefit.
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DIRECTOR Patricia Elizee, Esq.

DIRECTOR Ernst Olivier, Esq.

DIRECTOR Robert Gurrier, Esq.

DIRECTOR Soeurette Michel, Esq.

By: Fritznie Jarbath, Esq.
According to the state of Florida a husband is presumed to be the father of a child born to his wife during the marriage. Is this a fair presumption? What happens if during a two year marriage the wife has a child with someone that is NOT her husband?
By: Fritznie A. Jarbath, Esq.

Need a fresh start with debt?


By Miriama Roc, Esq. If you or someone you know is struggling to provide the basic needs for family while trying to continue to pay off debts, you or they should consider bankruptcy as an option. Many people rule out bankruptcy without knowing the benefits and facts that are associated with it, wiping out savings, depleting retirement or going further into debt.
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Justice Antonin Scalia said in Florida v. Jardines that law enforcement officials may not let the dogs out to sniff homeowners’ homes to detect the presence of narcotics inside the homes…
By: Richard Champagne, Esq.


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Greetings, I wish to thank everyone who contributed to the success of the 2013 HLA Gala. Thanks to everyone’s collective efforts, we were able to raise much needed funds for HLA’s operating expenses and future scholarships. Without the hard work of members, sponsors, and friends of HLA, we could not have achieved such extra-ordinary results. I especially want to recognize the committee who worked tirelessly in making the event a success. The gala committee members were Stephanie Ducheine-Welsh, Kertch Conze, Sabrina Salomon, and Soeurette Michel. The theme for my Administration in the upcoming year is “Adding Value by Meeting Attorneys’ Professional Needs.” As I am committed to assuring that everything HLA does this year is one that will add value to our attorneys, meet their professional needs, and uplift our community. To accomplish this task, I plan to focus on three areas. The first area is networking. As networking is an important aspect of adding value for our members. It is important that we get to know each other and better utilize each other as resources within the profession. The idea of networking is that if we develop stronger relationships with one another, then we could begin learning more about each other’s practice areas which will not only lead to referrals of cases but also assist in addressing problematic legal issues.


Another area where I will focus on is the area of Continuing Legal Education. As I believe that by increasing the amount of Continuing Legal Education that HLA offers, it will add value to its members. We have such talented people in HLA that could offer Continuing Legal Education in their respective areas of law which could enhance our skills as a collective legal community. Thus, my goal is to increase the skill sets of each member through Continuing Legal Education. The third area of focus for me this coming year is having a robust mentorship program; as I believe that this will add value to the members. This will be a mentorship relationship that pairs not just attorneys with law students but also pairs seasoned attorneys and newly bared attorneys. This will allow our seasoned attorneys to transfer some of their skill sets to our newer members of the bar. It is also important to note that addition to the three areas of focus, we will continue with the Community Activism that HLA is known for such as TPS drives, Citizenship drive, Foreclosure defense drives and any other relevant cause that might come up. In closing, I want to share with you what I call my ‘Journey to the HLA experience.’ I grew up in North Miami Beach, but did most of my education in the Northeast which is where I earned my law degree from the Western New England School of Law in Massachusetts. I decided to relocate back home to Florida after law school and after taking and passing the Florida Bar. I didn’t know many lawyers and had no prospect for a law job. I decided to go to an HLA meeting upon being told of the existence of the organization. I became active and I met Kathy Achilles. Kathy was a former prosecutor in Broward County who performed her duty admirably and was well respected. Upon learning of my situation, she arranged for me to have an interview. And after several interviews, I eventually became a prosecutor. If not for Kathy arranging an interview, I would not have been a prosecutor. Now years later, I am a solo practitioner that litigates. My beginnings and the skills I acquired were largely because Kathy helped me get my first law job. There are countless examples of the HLA experience and to continue this legacy, we all need to be involved. Our meetings are held on the 3rd Thursday of the Month and I look forward to seeing as many of you as possible.


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Continued from page 1 As such, the Courts created another class of children, called quasi-marital children. A quasi-marital child is a child born to a married woman whose husband is not the child's biological father. See S.D. v. A.G., 764 So. 2d 807 (Fla. 2d DCA 2000). It is important to note that even where the husband presents DNA evidence and is found not to be the biological father, courts may still find him to be the legal father. In a majority of cases, the Courts find that it is in the best interest of the minor child for the Husband to remain as the legal father and keep the legitimacy of the child intact. The Husband will have all the rights and responsibilities of a father, i.e. time-sharing and child support. Courts seem to be protecting the interest of the child and the family to whom the child was born. The Courts are clearly not taking into consideration the rights of the biological or putative father. One Court stated that “as a result of the strong presumption of legitimacy, "[t]he prevailing law in this state . . . is that a putative father has no right to seek to establish paternity of a child who was born into an intact marriage when the married woman and her husband object.” Lander, supra at 1133 (emphasis added) (citing Johnson v. Ruby, 771 So. 2d 1275, 1275 (Fla. 4th DCA 2000); Tijerino v. Estrella, 843 So. 2d 984, 985 (Fla. 3d DCA 2003); Bellomo v. Gagliano, 815 So. 2d 721, 722 (Fla. 5th DCA 2002)). Under a very narrow set of circumstances, the Courts have held that the presumption of parentage may be overcome and that it was in the best interest of the child to find that the biological father was also the legal parent. For example, in Lander, supra., the court held that the presumption of parentage was overcome by the non-access rule when the Wife and Husband were residing in two different states when the child was conceived AND the putative father was ready willing and able to step in as the legal father. The court also took into consideration that there was already a parent-child bond between the biological father and the minor child. In Daniel v. Daniel, the Courts held that the Husband cannot be held responsible for child support when the minor child was not his natural or his adopted child, and he had not contracted for the child’s care and support. See Daniel v. Daniel, 695 So. 2d 1253, 1255 (Fla. 1997). In this case, the Husband married the Mother while she was pregnant and knew that he was not the biological father at the time of the marriage. They were married for less than a year before filing for divorce. In that time, the Husband never contracted to support the child and the Courts held that could not be later required to do so. It is clear that despite the Court’s strong presumption, there are a few exceptions where the putative father can assert his parental rights over that of a Husband. Quasi-Marital children are a recent phenomenon that the Courts have to tackle. While the system utilized to address quasimartial children is not perfect, the Courts continue to address this F ri tzni e Jarbat h prac tie s in the area of family law, immi gration and civ il matt ers law. unique situation Mrs. Jarbath can be reache d at (30 5) with the best 899 – 8588. Her offic e is locate d at interest of all 12 865 We st Dixi e Hig hway, Second children in F loor, Nort h Mi am i, F L 33161 or mind.
F ri tzni [email protected] Jarbat hLaw.com

By: Fritznie Jarbath, Esq.

According to the state of Florida a husband is presumed to be the father of a child born to his wife during the marriage. Is this a fair presumption? What happens if during a two year marriage the wife has a child with someone that is NOT her husband? When a married woman has a child, the Husband IS ALWAYS the father, unless a court of pertinent jurisdiction determines otherwise. It’s the law. See Fla. Stat. §. 382.013(2)(a). Pursuant to this statute, the husband’s name SHALL be placed on the birth certificate when a married woman has a child. As such, the husband is legally the father. Prevailing case law also supports that theory. See Lander v. Smith, 906 So. 2d 1130 (Fla. 4th DCA 2005). Even in situations where the Husband is not listed as the biological father on the birth certificate, the courts have the final say as to who is the legal father. This is in accordance with public policy because the courts are charged with the responsibility of determining parentage, legitimacy and what is for the best interest of the child. With the advance of technology, specifically DNA testing, there is more evidence contradicting the HUSBAND = FATHER rule.


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If the current version of the immigration bill passes, individuals out of the United States who were previously in the US before December 31, 2011 and were deported for non-criminal reasons can apply to re-renter the US if they are the spouse, parent, or child of a US citizen or LPR. They can also apply to re-renter if they are a childhood arrival and eligible for the DREAM ACT. An immigrant that is ordered deported is considered to be inadmissible to the US and unable to adjust their status to a Lawful Permanent Resident (LPR). Under current immigration laws, there are a number of options available to those with deportation orders. Certain immigrants are able to file an I-212, Application for Permission to Reapply for Admission Into the United States After Deportation or Removal, form to waive the deportation order or to waive being deported. If the application is approved, the deportation order is set aside and the immigrant is allowed to adjust. This application is submitted to the United States Citizenship and Immigration Services agency or the Department of State, depending on where the individual will be issued their green card. Please note that this application does not waive unlawful presence; being in the US illegally without permission. It is up to the discretion of the Department of Homeland Security (DHS) to approve or deny an I-212 application. In adjudicating an application, DHS will weigh favorable or unfavorable factors. It is up the applicant to show that they have close family ties in the US and that their US citizen or LPR relatives or employer would suffer unusual hardship if their application were not approved. The applicant should also show a high likelihood that they will be become an LPR in the near future. To support an application, an applicant should send supporting affidavits, evidence of family ties in the US, employment records, the impact of family separation, and country conditions to which their families would have to relocate if the application is denied.

A Motion should be accompanied with material evidence that was not available and that could not be discovered or presented at the prior hearing. The Petitioner must show that the circumstances arose after the order of removal was entered and it is up to the discretion of the court to grant or deny a Motion to Reopen. Typically, you can only file one Motion to Reopen. The individual also has the option for filing an appeal of the Immigration Judge’s decision with the Board of Immigration Appeals. Where one is seeking to stop Immigration and Customs Enforcement (ICE) from enforcing a removal order they can file a Stay of Deportation with their local DHS office. Where the Stay is approved, the immigrant will not be deported and will be allowed to remain in the US. The local DHS office has the discretion of approving the Stay and issuing an order of supervision and employment authorization. There is a minimum bond amount of $1,500 if the stay is approved. An order of deportation or actually being deported does necessarily have to stop an immigrant from becoming a Lawful Permanent Resident. The individual should explore all of their options. Every case is different therefore consulting an immigration attorney is essential to determine the proper options.

Undocumented immigrants with removal orders or who have been physically deported, have the option of filing a Motion to Reopen with the immigration court. A Motion to Reopen allows the Judge to reopen a removal proceeding so that new evidence can be presented and a new decision can be entered based on the new evidence. A typical case involves an immigrant that was ordered deported but now P at ricia E lize e i s a managing p art ner at Eli zee qualifies for a green card based on a marriage to a H ernandez Law F irm. T he first handles imm igration an d fam ily law c as es . M s. E lize e c an US citizen or is eligible for a non-immigrant visa be reache d at P at [email protected] elize ehernandez.com or like a U or T visa. A Motion to Reopen can also be 305- 37 1- 8846. Eli zee Hernadnez Law F irm, 11 10 based on ineffective assistance by the immigrant’s B ric kell Ave nue, su ite 31 5, Miami F lorida 33131. previous attorney.


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Bankruptcy is a federal court procedure that grants debt relief and protection to debtors that are having difficulty or are totally unable to pay their creditors. One of the primary purposes of the Bankruptcy Act is to relieve the honest debtor from the weight of oppressive indebtedness and to provide a fresh start. Bankruptcy can be filed by individual consumers or businesses. Our office focuses on assisting consumer debtors to file for Chapter 7 or Chapter 13 bankruptcy protection. In general, Chapter 7 bankruptcy is also known as liquidation. In the typical Chapter 7 bankruptcy, a trustee collects the non-exempt property (anything above what the laws allow you to keep), if any, of the debtor, converts the property to cash, and distributes the cash to the creditors. In contrast, Chapters 13 bankruptcy allows individuals to reorganize their debt. The debtor generally retains their assets and property and makes payments to creditors through the trustee pursuant to a court approved payment plan. At the end of the bankruptcy proceeding, the individual receives a discharge, which relieves them of the legal obligation to pay most of the debts and also provides for other future protections.

N EED A FRES H S TA RT W ITH DE BT? H A VE Y OU C ON S IDERED FILIN G BA N K RUP TC Y? In too many instances people are just throwing good money away or delaying the inevitable. Education is the key to making the best decision as to dealing with debt. The best education comes from a personal consult with a bankruptcy attorney. Most consumer bankruptcy attorneys like myself offer free consultations, so why not make an informed decision. More and more people are choosing to give up the debt and start fresh by filing for bankruptcy. According to statistics last year 31,030 bankruptcy cases were filed in Southern District of Florida which consist of Miami-Dade, Broward and Palm Beach County. Out of that number 21, 836 Chapter 7 bankruptcy and 8,898 Chapter 13 bankruptcy cases were filed. As of March 31, 2013, 4,946 Chapter 7 bankruptcy and 2,358 Chapter 13 bankruptcy cases have been filed in Southern District of Florida alone. This article is not suggesting that bankruptcy is for everyone. It is however strongly encouraging people to seek legal advice from a bankruptcy attorney before making substantial financial decisions while they are facing financial hardship or inability to pay their debts. Our office practices consumer Chapter 7 and Chapter 13 bankruptcy law and this article is designed to give you a little insight on that.

• Eliminates or reorganizes most or all of your debt (i.e. credit cards, medical and personal loans) • Stops a foreclosure and offers home loan modification program • Prevents car repossession or possibly reduces car payments • Stops wage garnishments and debt collection practices • Helps reinstate suspended driver’s licenses • Provides a financial fresh start and relieves some personal stress

• • Bankruptcy can be reported on your credit report Certain debts (such as student loans and child support) are not dischargeable

Who can help me determine if bankruptcy is a good option for me?
The best person to contact is an experienced bankruptcy attorney who will explain your options. As soon as you start feeling overwhelmed with your debts, go see a bankruptcy attorney and learn your options. Although our office offers assistance in many legal areas, I focus my practice in consumer bankruptcy, and debt/contract resolution. Bonnie Canty, the owner of Canty & Associates, has been practicing consumer law, including bankruptcy, for over 20 years. Our office can provide you with a wealth of knowledge and experience. I became a member of the Florida Bar in 2007 and joined Canty & Associates that same year. I began practicing consumer debt and fair debt collection matters and by 2008 I expanded into debt/contract litigation and consumer bankruptcy law. I am admitted to practice in the Southern, Middle, and Northern U.S. Bankruptcy Courts and U.S. District Courts in the state of Florida. As a bankruptcy and consumer debt attorney, I am committed to providing competent and professional services to my clients and in my community. I evaluate both bankruptcy and bankruptcy alternatives when advising potential client with the goal of informing them and empowering them with a plan to resolve their financial affairs!

Miriama Roc, Esq. Canty & Associates The firm services Dade, Broward and Palm Beach Counties. Ms. Canty can be reached at (954) 418-5499

[email protected]


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Continued from page 1

Know your rights
Law enforcement officials may not let the dogs out to sniff homeowners’ homes to detect the presence of narcotics inside the homes…
But the United States Supreme Court has repeatedly drawn a line in the sand every time law enforcement officials place the sanctity of citizens’ private homes at risk of being trampled and compromised in their exercise of their aggressive law enforcement tactics designed to prevent crime. Interestingly, Justice Antonin Scalia has been the most vociferous protector of homeowners’ rights to be secured in their homes, papers, and effects from unreasonable searches and seizures by law enforcement officials except if armed with a validly executed search warrant or if an exception to the search warrant requirements exists. Over the last two decades, much of the privacy rights afforded by the Fourth Amendment to the United States Constitution have been eroded. Indeed, the constitutional safeguards guaranteed under the Fourth Amendment have been eviscerated in the aftermath of the terrorist attack of September 11, 2001 as a clarion call for a much more robust police presence and police involvement in our everyday life had been reverberated in our communities. Many felt that such an unprecedented dominant police involvement in our lives was imperative and necessary for crime prevention, effective prosecution of the war on drugs, and counter terrorism. But advocates for individual freedom and liberties have always expressed great skepticism and concerns about the scope of the power granted to law enforcement officials to detect, prevent, and combat crimes. But this did not deter police departments across the nation to even continue asking for more power and latitude to do their law enforcement work at the expense of individual liberties and freedoms guaranteed by the United States Constitution. Lately, there has a new trend whereby sophisticated technological equipments such as thermal imaging devices, infrared militarygrade cameras, and GPS devices are used by police to invade the most sensitive and intimate areas in our personal liberties and freedoms while escaping judicial scrutiny at state court level. As we are breathlessly anticipating the Supreme Court decisions in the Defense of Marriage Act case (DOMA), same-sex marriage case, and the other cases dealing with gay rights, the United Supreme Court made news two months ago in a surprise ruling in a Florida case, Florida v. Jardines, holding that police need a warrant to use a drug-sniffing dog to conduct a search around the exterior area of a home. Even more interestingly, Justice Clarence Thomas concurred in the 5-4 decision, joining the liberal wing of the Court. Justice Scalia had raised the eyebrows of many conservatives when he took a similar approach in Kyllo v. United States, holding that it violates the United States Constitution whenever police conduct a warrantless search using a device or instrument for purposes of detecting the most intimate details transpiring inside of the dwelling house when such intimate details could not have been detected by the naked eyes or by means of tools or instruments readily available to the general public. Consistent with this line of thinking, he recently ruled in United States v. Jones that police need a warrant to install GPS devices on a car. The Jardines decision is a breath of fresh air for advocates of Fourth Amendment rights who felt for a long time that the Court has lost its footing in its role of being the protector of individual rights and liberties guaranteed by the United States Constitution. In essence, Justice Scalia reaffirms that a citizen’s home is his castle and the rights to be free from government intrusion is inviolably sacred and sacrosanct.
Richard T. Champagne, Esq. is the managing partner of the Champagne Law Group, P.A. He has offices in North Miami, Fort Lauderdale, West Palm Beach and Boston. He can be reached at: (800) – 604 – 5060 or [email protected] 6

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On the criminal law front, within a year of becoming an attorney, Mr. Laurent received his first reported decision where the Fourth District Court of Appeal reversed a trial court order denying his client post-trial release. The DCA remanded the matter to the lower court to "reconsider" its decision. Ba ptis te v. State , 87 So. 3d 1260 ( 4th DC A 2 012 ).

Read below to find out more about our member: HEGEL LAURENT
Hegel Laurent, ESQ., is from Miami, Florida. While Mr. Laurent is a native-born American he did spend several of his early years in Haiti and is fluent in Haitian Creole. He attended high school at Archbishop Curley - Notre Dame in Little Haiti. He attended college at the Florida State University in Tallahassee, Florida where he was the President of the National Society of Collegiate Scholars and a member of the 2007 FSU Homecoming Court. He graduated magna cum laude in 2007. Mr. Laurent continued his education at the University of Pennsylvania Law School in Philadelphia, Pennsylvania. During his time in law school he summered as a judicial intern for the Honorable Barbara J. Pariente, a Justice on the Florida Supreme Court. After graduating from Penn Law and becoming a member of the Florida Bar, Mr. Laurent started out briefly with a civil litigation firm but soon after, he boldly began building his own practice.

This was to no avail as the trial court denied release again on remand. He again sought review in the Fourth DCA but this time the DCA denied review. Resolute that the law sided with his client, he filed a motion for rehearing. Miraculously, two weeks ago the Fourth DCA withdrew its own previous order denying review and issued another opinion reversing the lower court again and, finally, "direct[ing it] to set a reasonable bond." Ba ptis te v. State , s p ec ial is sue d op inion, 2 012 W L 6633860 (4 th DC A De ce mbe r 2 1, 2 012 ). Mr. Laurent, has opened his office on the Penthouse Floor at the Wells Fargo Bank Tower on 125th & Biscayne and looks forward to building his legal practice in South Florida. Stay tuned.

With his principal interests being criminal law (primarily appellate work) and estate planning, he landed his first appeal with the instruction of an expert in that area of the law. Mr. Laurent also began doing estate planning work under the guidance of a virtuoso in the field. Mr. Laurent focuses his practice in the field of probate, wills, trusts, powers of attorney, and related matters. Interestingly, Mr. Laurent is taking part in a very complex, adversarial probate proceeding which heavily involves the application of the new Florida Power of Attorney Act. (Fla. Sta. 709.2101 et. seq.; effective October 1, 2011). Finally, Mr. Laurent, was instrumental in reinstating a college student who was summarily dismissed from a state university as a part of the nationally-publicized case that resulted in the death of Robert Champion in Orlando in November of 2011.


The Haitian Lawyers Association would like to publicly congratulate our board member, Soeurrette Michel, for her appointment to the Education Law Committee of The Florida Bar. The Education Law Committee is convened to bring together education law attorneys as well as other attorneys that practice in education law-related areas to review existing areas of education law and study recent developments in this specialized area of practice of the law.


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June 28, 2013 – The Florida Alliance of Voluntary Bar Associations (FAMVBA) will host the Inaugural President’s Reception “SPEAKEASY” for 400 invited guests at the Florida Bar Convention that will be held in Boca Raton.. This is to celebrate the installation of Eugene K. Pettis, Esq. Mr. Pettis will be sworn in as the first African-American to hold the office of President. July 25, 2013 – HLA Co-Sponsors the PBCBA 2013 DIVERSITY INTERNSHIP PROGRAM - The Palm Beach County Bar Assoc. Committee for Diversity and Inclusion will be presenting their Diversity Internship Program Wrap-Up Reception to conclude our 2013 Diversity Internship Program for law students in Palm Beach County. Date: July 25, 2013, Time: 5:30 - 7 pm, Place: Roxy's Pub (2nd Floor), 309 N Clematis St, West Palm Beach, FL 33401; (561) 296-7699 Fare: Hors d'oeuvres and 2 drink tickets per person, Cost: $15 (Judiciary and Interns free)

On December 18, 2012, the past director of HLA, Dotie Joseph, Esq. was inaugurated as the Assistant City Attorney for the City of North Miami Beach. HLA congratulates her and wishes her continued success.

April 2013 – HLA receives award for its commitment to pro-bono services. We thank the members of HLA who volunteered each month.

February 14, 2013 – City of Miami recognizes their Black pioneers. Among the honorees were Hans Ottinot, as the first black City Attorney of North Miami. Mr. Ottinot is also a past president of HLA.

March 28, 2013 Congratulations to HLA members & past presidents, Marie Jo Toussaint and Karen Andre, two of the honorees of the City of North Miami's Celebration of Women, National Women's History Month event.

January 2013 - One of our members, Mark Lapointe, Esq., was featured in an article in the Greater Miami Edition of Attorney at Law Magazine as one of the attorneys to watch in 2013. Please congratulate Mark the next time you see him.

May 2013 - President-Elect, Fritznie Jarbath, Esq. was selected as a fellow for the inaugural class of Florida Bar Leadership Academy. This is quite of an accomplishment and we wish her well. The Florida Bar Leadership Academy is a multi-session training program designed to assist a diverse and inclusive group of lawyers in becoming better leaders within our profession, in their chosen path, while enhancing their leadership skills. Each year a select group of participants are selected from applications submitted to the Bar to become Academy Fellows

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Continuing Legal Education: Getting your Clients Government Contracts
This year HLA has strived to provide benefits and networking opportunities for our members. In March 28, 2013 we were pleased to have our Past President, Jeff Cazeau, present an exclusive seminar entitled, "Getting your Clients Access to Government Contracts." During this seminar you will learn the benefits of minority business certification status for your business and your clients.


The Haitian Lawyers Association wishes to thank everyone for their support in the 2013 HLA Gala. Thanks to everyone's collective efforts, we were able to raise over $26,000.00. This is the highest grossing Gala in history. There were countless individuals who worked tirelessly to make this event such a success; A special recognition goes to Stephanie, Kertch, Sabrina, and Soeurette. The planning for the 2014 Gala is underway, please contact us at [email protected] if you would like to join the 2014 HLA Gala committee.

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