A Race Against One’s Self
Lee County Attorneys Heed the Triathlon Call Ethics update
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Letter from the President by Karla Y. Campos-Andersen, Esq.
Letter from the Editor by Nanci DuBois
A Race Against One’s Self Lee County Lawyers Heed the Triathlon Call by Sara Fitzpatrick Comito
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The Ethics Corner Ethics Update: Conflicts of Interest, Charging for Costs and More by Jason Hunter Korn, Esq.
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Legal Briefs
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On the Bench
News and Happenings
The Honorable Mark Steinbeck by Sara Fitzpatrick Comito
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From the Bar Kelly Fayer, Esq.
by Sara Fitzpatrick Comito
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The Dish
Shoals Restaurant and Wine Bar/ The Sandy Butler Market by Sara Fitzpatrick Comito
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Social Scene
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Surveillance is Not Peek-a-Boo by David B. Watts, CLI, CFE, FCI
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Calendar of Events
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100 Club Members
239.334.0047 resgestae@leebar.org
staff box Publisher Connie Ramos-Williams 239.690.9840 Executive Editor Nanci DuBois 239.334.0047 Assistant Editor Sara Fitzpatrick Comito Layout and Design Diane M. Shrock Advertising Director Linda Fiore 239.690.9840 Contributing Writers Nanci DuBois Sara Fitzpatrick Comito Connie Ramos-Williams Karla Y. Campos-Andersen, Esq Jason Hunter Korn, Esq. David B. Watts, CLI, CFE, FCI Billing Inquiries 239.334.0047 Res Gestae is published monthly by Conric Publishing in partnership with Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to: resgestae@leebar.org. We make every effort to ensure the accuracy of the information published, but cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae, or CONRIC Publishing. ON THE COVER: Attorney and Triathlete, Jason Gunter.
Cover Photo: Connie RamosWilliams, CONRIC PR & Marketing.
res gestae | september 2012
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letter from the president it takes a village First, I would like to brag and say that the Lee County Bar Association is AWESOME! Yes we are!!! Normally I am not a person that likes to gloat about personal achievements. However, LCBA has done it again. With the help of our membership and some very active members who took on leadership roles, the LCBA has managed to once again plan and execute a successful Golf Tournament, which helped raised money for Voices for Kids of Southwest Florida. The LCBA hosted a charity golf tournament on Saturday, May 5, at Fiddlesticks Golf Club. The event filled the course with avid golfers, which included the Sheriff’s Challenge Cup, won by the Lee County Sheriff’s Office team this year. In its second year, the tournament raised $14,621.18 for Voices for Kids of Southwest Florida. For those who have no knowledge of who Voices for Kids (VFK) are or what they do, Voices for Kids of Southwest Florida is a non-profit agency supporting Florida’s 20th Judicial Circuit Guardian ad Litem Program in Lee, Collier, Charlotte, Hendry and Glades counties. The Guardian ad Litem Program supports volunteers who advocate for abused, neglected and abandoned children in court, the child welfare system and the community. VFK’s mission is to ensure every abused, neglected, and abandoned child in Southwest Florida has a Guardian ad Litem volunteer and has available financial assistance and resources for health, educational and social needs. VFK makes sure the kids have beds, clothing, school supplies and any other necessities needed to live a normal life as possible. Much gratitude and appreciation is due to Ken Jones Esq., the Tournament Director, as well as to Kelly Fayer Esq. and Spencer Cordell Esq. who were part of Ken’s dream team. Together these folks worked for months to assure that this event went off without a hitch. The success of this event is all due to their countless hours and commitment to this project. A check will be presented to Voices for Kids President, Shawn Seliger Esq., at the Lee County Bar Association Membership Luncheon meeting on September 21, 2012, at the Royal Palm Yacht Club. This luncheon will also include, Linda Doggett, director of the Lee County Clerk of Court, as a guest speaker to talk to us about e-filing and the new procedures being implemented in our Clerk of Courts office. Hope to see many of you there. Last, but not least, many of you are probably confused as to why you are receiving Thank You Notes, some months after your act of kindness. Justin Timberlake brought “Sexy Back” and I am bringing “Thank You Notes Back”. It appears that the Art of sending Thank You Notes have been lost through our generation(s) with the creation of tools used for instant communication, such as cell phones and e-mails. However, a personal touch goes a long way in making a lasting impression. A Thank You Note is a sign of acknowledgement that you are appreciative of what another person has done for you, making it itself a gift. Just think about how great you felt when you last received a thank you note. Not only did you probably feel great, but you will not forget the person who took the trouble to write a note that made you feel so good. If just five minutes of your day can make a forever lasting impression, I would say it is time well spent. |RG| Karla Y. Campos-Andersen, Esq. Atty@YourFtMyersAttorney.com | (239) 210-0537
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Lee County Bar Association administrative team executive director Nanci G. DuBois executive assistant Lisa Poulin Lawyer Referral & Pro Bono coordinator Lisa Poulin
Executive Council
President Karla Y. Campos-Andersen, Esq. Vice-President Mary C. Evans, Esq. Secretary John D. Agnew, Esq. Treasurer Anne Dalton, Esq. Member-at-Large Scott Atwood, Esq.
Committees History E. Bruce Strayhorn, Esq. & Jenna Persons, Esq. Law Related Education Scott Atwood, Esq. Law Week Hon. John S. Carlin Library Robert L. Donald, Esq. Mock Trial Renee Binns, Esq. Past President Michael Randolph, Esq. Pro Bono Vanessa Cordero, Esq. and Katie Berkey, Esq. PR & Marketing Leadership In Development Social Events Kelly Fayer, Esq. & Amanda Mitteer-Bartley, Esq. technology Michael E. Chionopoulos, Esq. Young Lawyers Spenser Cordell, Esq.
practice section chairs Alternative dispute resolution Simon Harrison, Esq. & Anne Dalton, Esq. criminal law Michael S. Sautschi, Esq. Real Property, Probate & trust law Kenneth Kemp, Esq. General Civil & Business Litigation Michael G. Fink, Esq. Tort Litigation Preston John (PJ) Scheiner, Esq. Family Law Mary C. Evans, Esq. Land Use & Governmental Law Russell Schropp, Esq.
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letter from the editor We’ve cajoled and pleaded with everyone to nominate their candidate for Member-atLarge, and have had a good response. Now it’s time to get ready to VOTE! Ballots will be sent this month, and we’ll announce the new Member-at-Large at the November Annual Dinner Meeting. Your Bar is only as good as you make it, and by participating you gain a little something invaluable each time. When I asked around, the true value of membership seems to be in connecting with other attorneys and judges, sharing opinions and ideas, and more than one attorney I spoke with has praised the magazine you hold in your hands for having changed so dramaticallyespecially over the past year. Attorney Richard DeBoest has a renewed interest in all that Lee County Bar Association is doing, as a result of what he is reading in Res Gestae. Adding value to your membership is my mission and goal. If we haven’t connected, let me hear from you. Constant improvement is the only way to grow, and we can’t do so without your active involvement with us. While reading our magazine is great, we also encourage our members to submit articles for approval to be published in our magazine. This is just another way to participate and connect. We currently have 839 members who receive the magazine, and complimentary issues go out to retired judges, advertisers, agencies, and other bar associations throughout the State. “What Will Your Legacy Be?” has been our constant theme for Lee County Bar Association under Karla Campos-Andersen’s Presidency in 2012. On Saturday, October 27, we partner with Florida Rural Legal Services to present the “Ask-A-Lawyer” public service event, from 9 a.m. til noon, location TBA. RSVP online at www.leebar.org, and be an active part of The Florida Bar’s ONE program with us, won’t you? Consider these legacy-building options: Mentor by connecting with Young Lawyers Division and joining our list of Mentors willing to assist other attorneys in a limited advisory capacity; Educate others as you are able, whether through the Speakers in the Schools (connect with Scott Atwood), Mock Trial (connect with Renee Binns) or at Legal Clinics that we partner with Florida Rural Legal Services to present to the public; Support great causes with your time, talent and funding; Author substantive and enlightening legal works (submit for publication approval through resgestae@ leebar.org); Above all, uphold the Rule of Law to the very best of your ability. We are working on our plans for 2013, and have membership meetings set for every month except June, July and December. There will be a 3rd Thursday Social from 5 – 7 p.m. every month except December. The year will begin with a Grand Gala Bench/Bar Dinner on January 12 at Harborside. Sponsorships are always welcome. This is a black-tie fun event you’ll want to put on your calendar in ink right now! There will be a Mock Trial benefit softball game hosted by Turtle Shirts and Softball, and arranged by Mock Trial Chair, Renee Binns, on January 20. Your attendance will get us off to a great start toward raising funds for this worthy cause. Bring the family for a fun outing! |RG| Nanci G. DuBois info@leebar.org | (239) 334-0047 ext. 102
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Jason Gunter Photores by: Connie Ramos Williams 2012 10 gestae | september
A Race Against One’s Self
Lee County Lawyers Heed the Triathlon Call By Sara Fitzpatrick Comito Jason Gunter always trains like he’s got an event coming up. Chances are he does. “There’s no such thing as letting your training slide,” he said. “You have to maintain a base level of training.” Next on his calendar is a half Ironman race in Augusta, Georgia on September 30. He already did a half Ironman in Florida this year, and competed in the Cozumel and Texas Ironman triathlons in 2010 and 2011. So his base level’s pretty high. But he’s not alone. A lot of attorneys seem born to run (and bike and swim). Maybe that says something about a competitive streak among lawyers. In the case of triathletes, it seems a lot like the competition is with one’s self.
Different Strokes
Part of what Gunter refers to as the “addictive” thrill has to do with the fact that “you’re doing something not a lot of people have done.” He also characterizes the discipline as 40-percent mental. An Ironman triathlon consists of a 2.4 mile open-water swim, a 112 mile bike ride and a 26.2 mile run. One has to admit sheer numbers might pose the first psychological stumbling block. Gunter, like many attorneys, is an overachiever. He views his own stumbling blocks as obstacles that just haven’t yet been overcome. He’s got plenty of practice in the fine art of surmounting. In 1992, he was in a boating accident that resulted in the amputation of his right hand and left leg. He had been a runner before the accident, but running on a prosthetic took a lot of getting used to. He described the experience as challenging and “just strange.” He ran in a parking garage at first, as his distance was limited, but he didn’t let it discourage him. “Sooner or later I kind of broke out of the garage.” Gunter trains and competes with able-bodied racers. In addition to shuffling between the requisite equipment for each event, he transitions between prosthetics. He has a running leg, a cycling leg and a carbon fiber biking hand. “When I transition off the bike, I hang the bike on my neck, take off my cycling leg and put on my running leg.” Piece of cake, it would seem. He acknowledges, “It takes me a bit longer. Having to carry my arms and legs definitely makes it more challenging.”
What’s the Appeal?
Whatever other challenges one might have, Gunter describes triathloning as “addictive.” Res Gestae sought to find out why so many attorneys are drawn to the sport. “It’s certainly not for the medals,” said Justin Mazzara of Hahn Loeser & Parks LLP. He has finished in the Miamiman (half Ironman) and the 70.3 half ironman in Orlando. “My goal is to do a full Ironman in the next four or five years,” he said, but admits the time commitment can be difficult, especially when practicing law at the same time. “When I was training for the half Ironman, I would swim probably three nights a week, run three days a week, then bike two to three days a week.” But that was before the baby came.
He said he squeezes in training wherever he can. He has a bike trainer that holds his rear wheel in place so he can ride it like a stationary bike and keep watch over the little one. “I even have an Iron Baby running stroller,” he said. Everyone has to start somewhere. Mazzara says a group dynamic can help. “I had never even run a 5k before,” he said, but “a couple of us at my old firm started running the Turkey Trot.” Before they knew it they were talking the NYC Marathon. “Then we got bored with running.” That’s not to say he quit. Instead he signed up for a cross country triathlon. He said he was instantly hooked. He’s since done two half Ironmans and a host of sprint triathlons. “You have no one to rely on but yourself,” he explained, adding, “It’s neat to see where your breaking point is.” He is training for his second New York City marathon this year.
Teaming Up
Greg Bosseler acknowledged, “Even though it’s an individual sport, it does require some key components like the encouragement of other people.” He got into the game on a dare from his Morgan and Morgan colleague Mike Reese. “He and I have been triathlon training partners ever since,” he said. The pair has done about 100 races together. “I push him, he pushes me.” He also counts Jason Gunter as an inspiration. “Jason’s a superhero,” he said. “Words cannot describe him adequately.” Words Bosseler does use, however, include passion and determination. He said a triathlon is “the ultimate test of physical fortitude and mental toughness,” and suggested that attorneys as a group, tend to have the persistence and discipline it takes. “Most attorneys are kind of type-A personalities. Most triathletes are as well.” Reese started doing the events when he saw a flyer for an off-road triathlon. “The very first one was just a whim,” he remembered. “I struggled through the first one, then caught the bug in 2001.” He said there’s some kind of triathlon within driving distance being held almost every weekend, so he’s always training for a race. “I’ve become fairly used to doing early morning workouts,” he said. “I’ve tried doing them at lunch
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Kim Bocelli at the Captiva Triathlon Used by permission of photographer Roman David Garay
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and after work, “but they tend to be eclipsed by mediation that goes long or family time that’s more important.”
A Healthy Pursuit
Kim Davis Bocelli of Roetzel & Andress, LPA, said she was talked into doing a triathlon in 2009, and worked up to half Ironman competitions, beginning with New Orleans and Miami in 2010. She pointed out there are shorter races that are worthy, including in Captiva, Naples, Englewood and Siesta Key. She has since taken a step back from training due to an uptick in her workload. “The amount of time it takes to properly train is a lot,” she said. “I had a lot of fun when I was doing it, but I don’t know how I found the time.” Bocelli appreciates having done the training, calling it “a health thing.” She explained, “I wanted to be healthier than I had been sitting behind a desk.” She said she’s also not ruling out triathlons in the future. In addition to a time commitment, there’s also a monetary one that has a way of holding athletes accountable: “Once you’ve made the investment in the equipment, which can be thousands of dollars, you don’t want to give it up.” John Miller of Henderson Franklin Starnes & Holt, P.A. said he enjoys the fact that a triathlon is three sports rolled into one. “The multisport aspect of it keeps me interested and keeps me focused more than a single sport would.” He mostly does shorter races based on the smaller time commitment for training. “If I’m not training for a big race, I can train five to seven hours a week and it’s pretty laid back.”
Having family support is a help because he sometimes does triathlons with his wife, and their family watches their daughter while they train and race. He did Ironman Florida last year, and trained with Jason Gunter, whom he describes as an inspiration. But he says the one hour after work that’s needed to train for the shorter “sprint” triathlons “is good to blow off steam.”
Strength in Numbers
Many of our local attorney triathletes, including Gunter, train together in the Geared Up group, which is coached by 18-time Ironman Angie Ferguson. Gunter advised, “Train with a group if you don’t know where to get started. There are people at all different levels, fitness types, men and women.” He said the camaraderie can be a reward all its own. The triathlete’s Everest is Ironman Kona. Mike Reese was in the Kona Ironman in 2009 in which Gunter was also competing. He describes the conditions as being very difficult that day, but “it was pretty incredible to see how far he got in the race.” Gunter came heartbreakingly close to finishing, and he considers it a monkey he wants to get off his back. “It’s a dream of mine to get back there and cross the finish line.” He won’t be competing there this year. But from what we’ve seen so far, there’s not much anybody can do to come between this man and a dream. |RG|
5 training tips
1Beat the Heat
by Jason Gunter
Train early in the morning. SWFL is hot and you won’t feel motivated after a long day to run or bike in 95-degree weather. Also, lawyers’ work is sometimes unpredictable. By training early, you reduce the chance of missing a workout.
2Use Your Lunchtime to Run or Swim
Skip the friendly lunch chat. Bring your run/swim clothes to the office. I always have a set of goggles and a towel in my car. If possible, try to get in a half hour to 45 minute run during lunch a couple times a week. These don’t have to be long runs, just work to increase the frequency of your running workouts. You can also hit the gym to do 30 minutes of core training. You will return to the office feeling re-energized for the afternoon.
3Train with Partners, Run Groups, or Tri Groups 4 Join a Masters Swim Group 5 Find a Race or a Triathlon and Sign Up for It
Partners and training groups will help you be accountable. Training with others helps you become stronger and more consistent. Don’t be afraid to seek out training partners on your experience level. Join a run club or tri group. These are swim sessions in a group setting with a coach on deck. The coach lays out the plan and you swim in a lane based on your level of swim fitness. Tri groups also have organized swims. This will allow you to set a goal, so you can begin training.
res gestae | september 2012 13
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The Ethics Corner
ETHICS UPDATE:
Conflicts of Interest, Charging for Costs and More By Jason Hunter Korn
The Florida Bar’s Professional Ethics Committee (PEC) met on June 22, 2012 for its regular quarterly meeting. The PEC offers advice and counsel to practicing attorneys on a variety of matters they may encounter, and it is best known for publishing formal advisory opinions.
The following are highlights of the June meeting:
• Considered Proposed Advisory Opinion 12-1 Regarding Pleas. The Opinion addressed whether a criminal defense lawyer has a conflict of interest that prevents the lawyer from advising a client to accept a plea offer that requires the client to waive any past or future ineffective assistance of counsel by the lawyer. The Opinion also addressed whether a prosecutor may make an offer that requires the client to waive any past or future ineffective assistance of counsel or prosecutorial misconduct post-conviction claims. The PEC previously invited comment from representatives of the U.S. Attorneys Offices for the Northern, Middle and Southern Districts, as well as the Florida Prosecuting Attorneys Association, the Florida Association of Criminal Defense Attorneys and the Florida Public Defenders Association. The PEC approved a draft opinion,which concluded that the criminal defense lawyer had a personal conflict of interest when advising the client whether to waive the right to later collateral proceedings regarding ineffective assistance of counsel. The draft opinion also concluded that it is impermissible for the prosecutor to make such an offer. The rationale is that such conduct was both prejudicial to the administration of justice and assists the criminal defense lawyer with violating the Rules of Professional Conduct. A formal opinion will be published in accordance with Board of Governors’ approved procedures as a proposed advisory opinion.
• Considered Appeal of Florida Staff Opinion 30989 Regarding “Costs”. The inquirer requested whether a lawyer may charge a client a 4% monthly “charge” for copying, telephone, fax, postage, mail and courier service. The Opinion concluded that the 4% monthly administrative charge for each file is impermissible, since it does not directly relate to the costs actually expended. There was much debate over the language in Rule 4-1.5(b)(2), which states that “when the parties have a written contract in which the method is established for charging costs, the costs charged thereunder shall be presumed reasonable”.
The PEC affirmed the Opinion. As a result, practitioners should make sure to avoid charging a set percentage of the fees to recover costs.
• Considered Appeal of Ethics Inquiry 30779 Regarding Referrals. The inquiring attorney sought guidance on the propriety of working for a non-profit organization run by non-lawyers to provide immigration services. The lawyer was providing legal services to third-parties referred through the organization. The Staff Opinion determined that a Florida Bar member may not practice law through a non-legal entity, and a non-profit organization may not “feed” the lawyer legal business where the lawyer’s motive is pecuniary gain. The PEC affirmed the Staff Opinion.
• Consideration of Opinion on “Cloud” Computing. The PEC passed a motion to obtain authority from the Board of Governors to direct the PEC to adopt an opinion addressing the issue of Cloud Computing. The new technologies and “cloud” storage or “cloud” computing in the course of legal services raises new issues. Other State bars have issued opinions on this matter. • Reports on the Proposals to the ABA Model Rules. The ABA Commission on Ethics is considering amendments to the rules relating to confidentiality and technology, outsourcing and alternative business structures.
The Ethics Korner focuses on various ethical issues, pertinent ethical opinions and decisions issued at meetings of The Florida Bar’s Professional Ethics Committee (PEC). The author, Jason Korn, is an attorney, shareholder and Managing Director of the Florida office of Cohen & Grigsby. He is a member of the Litigation, Construction and Shareholder and Partnership Dispute Practice Groups of the firm. He is also a member of the PEC, having served on the Committee for two terms from 1999 to 2005, and reappointed again in 2008, with his current term extending to 2014.
The next meeting of the PEC will be held on September 21, 2012 in connection with The Florida Bar’s Mid-Year Meeting in Orlando res gestae | september 2012 17
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res gestae | september 2012
legal briefs Alison C. Attorney Receives Prudential- Davis Hussey achieves Productivity Award certification as The Law Offices of Kathleen A. Smith, Public Florida Supreme Defender for the Twentieth Judicial Circuit, have Court mediator been awarded the prestigious Prudential- Davis
Pavese Law Firm partner Alison C. Hussey has achieved certification as a circuit mediator for the twentieth judicial circuit by the Supreme Court of Florida. In the role of certified mediator, Hussey serves as a neutral third party facilitating communication between parties involved in a dispute to help them resolve their differences outside the court system. Hussey will provide mediation services in a variety of practice areas, including probate and guardianship. Based in the firm’s Cape Coral office, Hussey conducts a general practice with a focus on estate planning, real estate, probate and family matters. She is a member of the American Bar Association, Lee County Bar Association, Cape Coral Bar Association, Lee County Association of Women Lawyers and Hendry-Glades County Bar Association.
Productivity Award for the second straight year. The Prudential- Davis program is part of a major government improvement initiative co-sponsored by Florida Tax Watch, The Florida Council of 100, and the State of Florida. The 2012 Award recognized the office for the development and implementation of a trial skills based training program designed to advance attorney’s trial and presentation skills in the courtroom. While the in house trial training program saved approximately $75,000.00 of taxpayer money, more importantly it ensures the promise of equal justice for all. Kathleen grew up in Fort Myers and graduated from Cypress Lake High School. She obtained her BA and Law degree from University of Florida. She began her law practice as an assistant Public Defender in 1990, and has represented clients and supervised every division within the office. In 2008, Kathleen was appointed Public Defender for the 20th Judicial Circuit. Later that same year, she won the election for Public Defender by a large margin in all five counties of the 20th Circuit. In 2010, she was unopposed for reelection for a 4-year term. In addition to Kathleen’s role as Public Defender, she is very involved in our community. She serves on the Board of Directors for PACE School for Girls in Lee County, Southwest Florida Addiction Services, Lee Mental Health, and the Institute for Youth and Justice Studies through Florida Gulf Coast University.
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res gestae | september 2012 19
legal briefs VICKI SPROAT NAMEd TO EXECUTIVE COUNCIL OF FLORIDA BAR TRIAL LAWYERS SECTION
The law firm of Henderson, Franklin, Starnes & Holt, P.A. is pleased to announce that Attorney Vicki Sproat has been named to the Executive Council of the Florida Bar’s Trial Lawyer’s Section. The Trial Lawyers Section provides a forum for discussion and exchange of ideas leading to the improvement of individual trial ability. The Trial Lawyers Section assists the courts in improving the administration of justice, promotes the art of advocacy, and strives to preserve and protect the jury system. Sproat is one of only seven attorneys in Florida with dual board certifications in Labor & Employment Law and Civil Trial Law. She primarily defends employers in all aspects of employment law. Sproat is Vice President (and immediate past President) of the Fort Myers-Naples Chapter of the American Board of Trial Advocates and an Emeritus member of the Calusa Chapter of American Inns of Court. She is also a member of the Grievance Committee for the United States District Court, Middle District. For more information on Sproat or Henderson Franklin, please visit www.henlaw.com.
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res gestae | september 2012
Southwest Florida Attorney Receives Historic Certification
Kevin F. Jursinski, principal attorney of the Law Office of Kevin F. Jursinski & Associates, a Real Estate and Business Law Firm, just received his second Board Certified Specialist (B.C.S.) designation. This latest certification in Business Litigation makes Jursinski only the second attorney, out of more than 92,000 attorneys in the State of Florida, to ever receive dual certification as a Real Estate and Business Litigation Specialist. Florida Bar Board Certification recognizes attorneys with special knowledge, skills and proficiency in various areas of law, including Real Estate and Business Litigation, and professionalism and ethics in practice. It is the highest level of achievement and evaluation granted by the Florida Bar. The Florida Supreme Court established the Board Certification designation in 1982 as a way to help consumers identify specialists in various areas of law. Board certified Florida Bar members are the only Florida attorneys allowed to identify themselves as “Board Certified”, “Specialist”, “Expert”, or to use the letters “B.C.S.” for Board Certified Specialist. Jursinski received his Business Litigation Certification last week. He’s been a Florida Bar Board Certified Real Estate Attorney since 1991. For more information, contact us at (239) 337-1147 or www.KFJlaw.com
legal briefs Lee County Bar Association’s 2012 Voices for Kids Charity Golf Tournament exceeds Fund Raising Goal
The Lee County Bar Association hosted a charity golf tournament on Saturday, May 5, at Fiddlesticks Golf Club. The event filled the course with avid golfers, and included the Sheriff’s Challenge Cup, won by the Lee County Sheriff’s Office team this year. Now in its second year, the tournament raised $14,621.18 for Voices for Kids of Southwest Florida, the non-profit financial support arm of the Guardian ad Litem Program. According to Ken Jones, Tournament Director, “The tournament, and the Fiddlesticks venue were super. Thanks to the participants and a ton of help from our volunteers we were able to make this fundraiser a great success. A lot of kids Karla Campos-Andersen, Shawn Seliger and Maryann Brownstein benefited from this effort.” The check will be presented to Voices for Kids President, Shawn Seliger, Esq. at the Lee County Bar Association Membership Luncheon meeting on September 21st at the Royal Palm Yacht Club, 2360 West First Street, Fort Myers. RSVP and pay online before noon on September 18th at www.leebar.org. Tickets are $20 for members and $25 for non-members. Karla Campos-Andersen, President of the Lee County Bar Association, states, “Voices for Kids is an amazing organization helping fulfill children’s needs in partnership with the Guardian ad Litem volunteers. The Guardians ad Litem give voices to the children in our community who otherwise would not have been able to express their opinions in a complex judicial system of justice. The Lee County Bar Association is overjoyed to have been able to once again organize such a successful golf tournament. This is the least we can do in giving back to our community.” Shawn Seliger, Voices for Kids Board President, adds, “The golf tournament exemplifies some of the finest attributes of our local legal community through our community partnership with attorneys and other members of the legal profession came together to raise necessary funds to help children in need. Voices For Kids of Southwest Florida is deeply grateful to be selected as the charity of choice. We are especially thankful to all of the dedicated volunteers that made this a successful event. The Lee County Bar Association has made the difference in helping to make certain that every abused, neglected, and abandoned child in Southwest Florida has a Guardian ad Litem volunteer to be their eyes, ears and voice in a courtroom.” Voices for Kids of Southwest Florida is a non-profit agency supporting Florida’s 20th Judicial Circuit Guardian ad Litem Program-Lee, Collier, Charlotte, Hendry and Glades counties. For further information, call Darlene Grossman at 533-1435 or visit www.voicesforkids.org.
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legal briefs FOUR HENDERSON FRANKLIN ATTORNEYS RECOGNIZED IN FLORIDA TREND MAGAZINE’S LEGAL ELITE
Henderson, Franklin, Starnes & Holt, P.A. is pleased to announce that Attorneys J. Matthew Belcastro, Michael J. Corso and Russell P. Schropp were named to Florida Trend Magazine’s Ninth Annual Legal Elite, which recognizes and honors the top 2% of all Florida lawyers. In addition, Labor & Employment Lawyer Suzanne M. Boy was one of only 174 attorneys in Florida selected to Legal Elite’s “Up & Comers” list, honoring lawyers 40 years of age or younger who have exhibited leadership in the law. To compile the list, Florida Trend asked actively practicing Florida attorneys to name the attorneys that they hold in highest regard as professionals, lawyers with whom they have personally worked and would recommend to others. The entire Legal Elite report can be viewed at www.FloridaTrend.com/LegalElite. J. Matthew Belcastro concentrates his practice in the areas of construction litigation, construction contracts, business and real estate litigation. He also has an active appellate practice. He received his law degree from the University of Florida and undergraduate degree from Haverford College.
Michael J. Corso is chair of the firm’s Tort & Insurance Litigation division and has been a Florida Bar Board Certified Trial Lawyer for over 25 years. He focuses his practice in litigation matters involving product liability and the defense of non-medical professionals such as lawyers, accountants, architects, engineers and surveyors. Corso received his law degree from Villanova University and his undergraduate degree from Purdue University. Russell P. Schropp is chair of Henderson Franklin’s Land Use, Zoning & Environmental law division. He represents property owners and others before local, regional, state and federal agencies. He received his undergraduate degree from Stetson University, and his law and Masters Degree in Urban & Regional Planning from Florida State University.
Suzanne M. Boy concentrates her practice in employment law, assisting employers in a wide variety of employment-related matters, including litigation involving Title VII, ADEA, ADA, FLSA, FMLA, whistleblower statutes, and retaliation claims. She frequently speaks to businesses and professional groups on employment matters.
For more information on the attorneys mentioned above, or on Henderson Franklin, please visit www.henlaw.com.
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legal briefs ATTORNEYS AT CUMMINGS & LOCKWOOD RECEIVE RECOGNITIONS
Deborah Russell
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Todd Bradley
Cummings & Lockwood LLC is pleased to announce that Deborah L. Russell was selected by Florida Trend magazine as a Florida Legal Elite attorney in the practice area of Wills, Trusts & Estates, Todd L. Bradley was selected by the American Registry as one of the Top Attorneys in Florida, Marve Ann Alaimo was selected by the American Registry as one of the Top Attorneys in Florida - Outstanding Young Lawyer, and Kenneth D. Krier was appointed to the Executive Committee of the Conservancy of Southwest Florida, Inc.
Kimberly Swanson Elected President of the Southwest Florida Chapter of the Paralegal Association of Florida
The law firm of Grant, Fridkin, Pearson, Athan & Crown, P.A. congratulates Kimberly Swanson on her recent election as President of the Southwest Florida Chapter of the Paralegal Association of Florida. Kimberly is a paralegal in the firm’s litigation practice group and has been with the firm since 2002. She holds the designation of Florida Registered Paralegal and Advanced Certified Paralegal in Trial Practice and Discovery. Visit www.gfpac.com for more information.
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res gestae | september 2012
legal briefs KELLY SPILLMAN JABLONSKI APPOINTED TO HISTORICAL MUSEUM ADVISORY BOARD
The law firm of Henderson, Franklin, Starnes & Holt, P.A. is pleased to announce that Attorney Kelly Spillman Jablonski has been appointed to the Historical Museum Advisory Board in Fort Myers. The Advisory Board recommends to City Council the use, purpose and preservation of historical artifacts and facilities pertaining to Fort Myers and Southwest Florida to increase interest to citizens, residents and visitors. Jablonski concentrates her litigation practice in the defense of premises liability, automobile, and other tort liabilities. She also handles cases with a variety of PIP coverage issues. She is a graduate of Stetson University and Stetson University College of Law. Jablonski is a member of the Florida Defense Lawyers Association, Defense Research Institute, Florida and Pennsylvania State Bars, Lee County Bar Association, Panhellenic Alumnae of Lee County, Florida, the Junior League of Fort Myers and the Historical Museum Advisory Board for the City of Fort Myers. For more information on Jablonski or Henderson Franklin, please visit www.henlaw.com.
Pavese Law Firm hires attorney Matthew P. Gordon
Attorney Matthew P. Gordon has joined Pavese Law Firm and will be based in the Fort Myers office. Gordon primarily focuses his practice in the areas of real estate, condominium and homeowner association, land use and environmental law. Prior to joining Pavese Law Firm, Gordon worked in the legal department of a publicly traded luxury homebuilder, at the IRS Office of Chief Counsel, and at a large statewide law firm where he handled a variety of legal matters encompassing real property, litigation, taxation and probate law. Gordon obtained his undergraduate degree from the University of Florida with honors, graduating No. 1 in his class. Gordon went on to obtain his Juris Doctor from the University of Miami School of Law, graduating magna cum laude. While attending law school, Gordon served on the editorial board for the University of Miami International and Comparative Law Review. Gordon was also a member of the Real Estate and Trust Law Society and Tax Law Society. In addition, he obtained his Master of Laws in Taxation from the New York University School of Law.
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FAX: 239-332-4066 res gestae | september 2012 25
legal briefs Luis E. Insignares named to Florida’s Legal Elite For the Second Year in a Row Luis E. Insignares has been selected as one of Florida’s Legal Elite 2012, the top tier of licensed and practicing attorneys in the state of Florida. “I am especially honored for this award because I was selected by my colleagues,” explained Luis E. Insignares. “The fact that lawyers were asked to name attorneys whom they hold in the highest regard or would recommend to others is an honor I hold in high esteem,” Insignares added. The process began in October 2011, when all in-state members of the Florida Bar were asked to name attorneys. The resulting lists represent approximately 2% of the more than 67,000 active Florida Bar members who practice in Florida. The Law Office of Luis E. Insignares, P.A specializes in marital, family and appellate law in Fort Myers, Florida. Mr. Insignares is very active with the Family Law Section of the Florida Bar, where he serves on the Executive Council and various local charities.
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res gestae | september 2012
NATLY TORRES-ALVARADO RECEIVES BOARD CERTIFICATION IN BUSINESS LITIGATION Knott Ebelini Hart is pleased to announce that attorney Natly TorresAlvarado, a shareholder in the firm, recently attained board certification in Business Litigation by the Florida Bar Board of Legal Specialization and Education. Certification is the highest level of recognition by the Florida Bar of the competency and experience of attorneys in the areas of law approved for certification by the Supreme Court of Florida. TorresAlvarado concentrates her practice in the areas of business and commercial litigation. She is Certified by the Supreme Court of Florida as a Civil Circuit Mediator and is admitted to practice before the United States District Court for the Middle District of Florida. She became a member of the Florida Bar in 2003 and is also a member of the Lee County and American Bar Associations. For more information visit www.knott-law.com.
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legal briefs Martin Law Firm Attorneys Receive Legal Elite Recognition The Martin Law Firm, P.L. of Cape Coral, Florida is proud to announce that Steven E. Martin, Eviana J. Martin, Jonathan Bierfeld, Dustin M. Butler, and Patricia Dills have all been named to Florida Trend’s Legal Elite Up and Comers. Attorneys under the age of forty were eligible to receive the distinction of Up and Comers. Only 174 attorneys state-wide received this distinction recognizing leadership in the bar. When asked about this award, Steven E. Martin of the Martin Law Firm said, “It is a great honor to have all of our attorneys under the age of forty recognized for this prestigious award. I believe it is recognition of the caliber of legal representation provided by our attorneys.” Steven E. Martin received his undergraduate degree in Business Administration from the University of Florida Warrington College of Business and his J.D. from the University of Florida Levin College of Law. Steven has previously served as the President of the Cape Coral Bar Association. His practice focuses include Estate Planning, Civil Litigation, Business Planning, Family Law, and Real Property Law. Eviana J. Martin began her studies internationally and graduated with a dual Bachelors of Arts degree in Business Administration and Photography from Barry University. She then received her J.D. from the University of Florida Levin College of Law. Her practice focuses on Family Law and Bankruptcy. Jonathan Bierfeld studied public policy and economics at Duke University and after working at Capitol Hill decided to attend law school. Jon earned his degree at the University of Miami School of Law in Coral Gables. He now focuses on Bankruptcy and Civil Litigation. Dustin M. Butler graduated from the Indiana University-Purdue UniversityIndianapolis (IUPUI) with a degree in Political Science. He then attended the University of Florida Levin College of Law where he received his Juris Doctorate. Dustin now specializes in Family Law and Civil Litigation. Dills Patricia received her undergraduate degree, a Bachelor of Arts in English, and her law degree from Brigham Young University. She has practiced as an Attorney Ad Litem and now primarily focuses on Family Law and Civil Litigation. Visit their website at www.martinlawfirm.com for more information about the Martin Law firm and their attorneys.
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legal briefs TOLL LAW EXPANDING
Toll Law is proud to introduce its newest associate, Jason A. Martorella, Esq. Jason has a distinguished track record of success and focuses his practice primarily on commercial litigation, employment disputes, and all aspects of real property law. Jason received his Bachelor of Arts, cum laude, from the University of Miami in 2007 and his Juris Doctor from Fordham University School of Law in 2010. Throughout most of law school, Jason interned for a corporate and securities firm in Midtown Manhattan. Jason acquired additional legal experience during law school by working for the New York State Assembly, Lincoln Square Legal Services, Inc., and the 18th Annual Intellectual Property Law and Policy Conference hosted by Fordham University. After law school, Jason relocated to Southwest Florida, where he carried out law clerk duties for a United States District Court Judge and gained admission to the Florida Bar. Jason is also admitted to practice in New York. For more information contact Jason A. Martorella at jason@matthewtoll.com or call (239) 549-5551. THE
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on the bench the hon. Mark Steinbeck Judge Mark Steinbeck has been on the felony docket for five and a half years. He enjoys working with assistant state’s attorneys and public defenders who may be less experienced in the courtroom. “I think I have a reputation for being a teaching judge,” he acknowledged. He said there’s a fine line to walk. “A judge cannot interject him or herself to the point where they are telling counsel what to do.” However, “it’s one thing for a judge to say ‘Motion denied.’ It’s another to say, ‘here’s why.’” Judge Steinbeck attributes part of his command of the courtroom to his military background. From ROTC he was commissioned as an Army officer and entered active duty. He attended law school at the Walter F. George School of Law at Mercer University during that same time, being one of 25 officers selected that year for the Army’s Funded Legal Education Program. He served as a JAG officer for 15 years. He calls his experience as a military officer “tremendously helpful” in that it taught him to take responsibility for his decisions. The judge said being decisive is a must on the felony docket, where his decisions affect not only defendants, but
victims and the community at large. The experience of being an educator is not new to him, either, as he taught at the JAG school for three years. Now-Judge Margaret O. Steinbeck, whom he had recently married, was assigned to work at the school as an administrative officer. He encouraged her to apply for law school. As an undergrad, the judge majored in history, which he still considers a passion. “I think that history tends to repeat itself and in order to be a knowledgeable citizen in a community, you necessarily have to know what’s occurred in the past, what mistakes were made,” he explained. “History plays a very important part in our daily lives.” |RG|
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from the bar
kelly fayer, Esq. Kelly Fayer wants to make you look good. “The attorneys in the LCBA do so much for the community,” she said, “but that’s not always what we are recognized for.” She is proud to serve as co-chair for the Social Committee for the bar. “It is a pleasure to show off our wonderful attorneys to the community.” In solo practice for the last six years, Fayer has focused mainly on estate planning. “When I’m able to have an estate plan that avoids probate and allows families to grieve for their loved ones without going through the court system, it makes me feel good.” Additionally, she has a background in volunteering for organizations that help domestic violence and sexual assault victims. While helping victims obtain injunctions in court, they began asking Fayer for help with divorces and other family law matters. She now includes this area of law in her practice. “I’m fortunate that I’ve been able to take my life’s work and combine it with the values I live by.” She is also on the board of directors for Voices for Kids, benefiting the Guardian ad Litem program. It’s near and dear to her heart. “We would never want to send our family members to court without an attorney,” she explained, “but the kids that are in the most abusive homes would have to do exactly that if not for the Guardian ad Litem program.” Fayer helped to coordinate the golf tournament in May. “The support we had from our attorneys was overwhelming and we were able to change the lives of so many children.” Fayer enjoys new experiences, which recently include an introduction to country line dancing. |RG|
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res gestae | september 2012 31
the dish
New Look and Offerings at Popular Wine and Dine Venue by Sara Fitzpatrick Comito
Between the mini-golf courses, kitschy souvenir shops and tattoo parlors that line the road to Fort Myers Beach, attentive travelers will spot a most extraordinary building, housing two equally extraordinary destinations in their own right. The Sandy Butler Market and the recently rebranded Shoals Restaurant and Wine Bar are co-located in a momentous dome-shaped building featuring exposed beams and skylights constructed pretty much at the height of the now-infamous Southwest Florida real estate bubble. Nonetheless, the sister enterprises, owned by Tom and Maggie Scholl and operated by their daughter and son-in-law Jamie and Jason Nelson, have proved as sturdy as its huge footprint. First conceived as an outpost for the Scholl’s citrus-farming operation, the market and restaurant owe much of their continuing success to a keen responsiveness to the demands and changes of a fickle economy and a desire to educate local consumers about fine food and wine. Renovations to the building include an expansion of the wine bar and the use of a glass-dividing wall to diminish the separateness of the two brands. Additionally, the merchandisingstrategy is more strongly aligned. During the busy season, one can enjoy a class on cheese, wine, chocolate and other delicacies inside the market. Ten dollars gets you a reservation for the tasting and a $10 voucher toward any purchase in the market or restaurant. I was fortunate to have a reservation for a Spanish-themed wine dinner, part of a monthly series featuring three courses, three wines and casual discussion with Executive Sales Manager Jerome Sanchez, a long-time prominent figure in the local restaurant scene. All this for $30, and the renewed focus on “the fresh life” comes through in everything. First course consisted of a gorgeous watermelon salad. Chef Michael Ragusa’s detailed attention and respect for the ingredients was evident from the plating to the unassuming citrus vinaigrette. It was paired with an unusual Terramaior Albarino wine, starring buttery citrus notes that perfectly complemented the divergent flavors of the gamey feta, toasty
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the dish
pine nuts and slightly peppery micro greens. The wine’s aroma was that of fresh honey, but there was little sweetness upon sipping. In fact, as it warmed to room temperature it took on notes of fine sherry. Sanchez instructed us that the wine is at its peak, which was evident from the full expression of its flavors, and should be consumed soon after purchasing. Bottles of each wine were available for tableside sale, as were Fernando Pensato olive oils and vinegars, exclusively imported by the Sandy Butler Group. Second course was an unexpected pairing of mild fish and red wine. Alcazar La Mancha Tempranillo is a blend with 20-percent cabernet sauvignon and 10-percent merlot. It presented full blackberry notes and mild tannins that got out of the way of the tilapia mostly because of a cleverly devised roasty tomato sauce boasting kalamata olives, artichokes and red onions. I even found a crunchy toasted whole coriander seed. Delightful! The final course was a lamb loin presented with sumptuous Israeli couscous ingeniously infused with garden-fresh mint with a side of whole green beans. It was the old lamb and mint jelly trope playfully deconstructed. A swirl of a minty emulsion became streaked with red as I cut into the perfectly grilled chop. The wine was a 2007 Sierra Cantabria Rioja, a 100-percent tempranillo brimming with spicy cinnamon and black cherry. The Sandy Butler and Shoals Wine Bar and Restaurant have always been unusual in their timing, setting and offerings. But for as grand as their mission and their building, no one need be intimidated when there’s so much evident desire to help consumers understand – and demand – the fresher, finer things in life and cuisine. |RG|
Shoals Restaurant and Wine Bar and The Sandy Butler Market
(239) 482-6765
sandybutler.com • shoalswinebar.com 17650 San Carlos Blvd., Fort Myers, FL 33931
Open: Sun-Thurs: 11am - 9pm • Fri-Sat: 11am - 10pm
Sara Fitzpatrick Comito is a freelance writer and assistant editor of the Res Gestae magazine, and a freelance writer for the Naples Daily News. For suggestions or comments on this regular feature, please contact Sara at Sara@ ConricHoldings.com.
res gestae | september 2012 33
social scene LCBA Candidate Forum - July 26, 2012
U.S. Congressional Candidate Byron Donalds with his campaign volunteers
Attorney Miguel Fernandez with his campaign team and volunteers
Susan Galbraith, Heather Fitzenhagen, Judge Kathy Sturgis
Lee Memorial Hospital Board Candidate David Collins, Richard DeBoest and Christin Collins
Former Lt. Governor Jeff Kottkamp and Bruce L. Scheiner
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res gestae | september 2012
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by David B. Watts, CLI, CFE, FCI As a classic movie buff, whenever I hear Bogart say to Bergman, “Here’s looking at you, kid,” call me crazy; but just one word comes to my mind: Surveillance. In fact, over the years I have uttered that famous Casablanca line myself, but from the back of a van with video equipment pointing outwards towards the unsuspecting. Surveillance work is mentally tedious, physically strenuous and, thanks to the Hollywood and television crowd, totally misunderstood by the public. All those hours sitting bored to death in a van staring out at the world going by are then rewarded by just a few moments of frantic activity. There he is … camera up … steady … angle OK … shoot … limit zooming in and out … he’s moving … let’s go. Then it starts all over again when the subject makes his next stop. Oh, and by the way, let’s do this without running over five nuns in a cross-walk. In a world where instant gratification is the norm; surveillance work demands patience, physical stamina and a special skillset learned along the way. Another misconception is that you just grab your stuff and go follow somebody. A real surveillance begins with gathering as much information as possible on the subject from the client, restricted databases and other background sources. Given that knowledge is power, shouldn’t we have the details of physical description, confirmed address, probable vehicles and likely routes of travel, before we take to the field? Ergo, pre-surveillance fact-gathering is an enormous factor in determining the outcome of a surveillance case. To illustrate: Years ago we were on a hastily put together insurance surveillance when there came a knock on the side of the van. That’s never good. The undercover New Jersey State Trooper detective warned that the guy we were watching was a mobster and we were in the way of his surveillance. Lesson learned: Doest thine homework. Most associate surveillance with marital and custody matters, however, it can be appropriate for a variety of other reasons, as well. More obvious is the insurance case where the plaintiff is suspected of over-stating his claim allegations or outright fraud. But this tactic is also commonly employed in the business world. When fraud, embezzlement or theft is suspected, surveillance can be an option when other means fall short. Unfair competition, breach of contract and even
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matters involving trademark violations can be enhanced by surveillance. In fact, whenever one side needs to “see” what the other side is doing, surveillance can play an important role.
The latest: GPS
A new and highly technological gizmo has come along and caused quite a stir among investigation professionals. That is, of course, Global Positioning System (GPS). Now it seems we have instant gratification when it comes to surveillance work, too. Think about it. All you have to do is stick this thing under a car and you can know where that vehicle is in real time or logged on your computer over a given time span. No more arduous camping and cramping in vans in the heat or cold for hours on end? The thought is appealing. But not enough legal opinion has been heard on the subject. The U.S. Supreme Court recently ruled police may not use a GPS unit to track a person’s movements for a long period of time without a warrant. Conversely, a New York Appeals Court has ruled that an employer who used GPS to monitor a state employee’s whereabouts during working hours was reasonable given all the facts of the case. (U.S. v. Jones U.S. Supreme Court, No. 10-1259, 2012. Cunningham v. New York State Department of Labor, New York Supreme Court, No. 512036, 2011. ) To be sure, the jury is still out on the use of GPS, so most of my contemporaries are erring on the side of caution by using GPS only on vehicles registered to the client. The theory is that you have a right to know where your own vehicle is at any time. This does, by the way, work well for businesses with fleets of trucks on the road. No doubt, GPS will be an arrow in the surveillance quiver when the legal dust settles. We’ll see to what extent. In the meantime, remember: If a cat can look at a king, anyone can look at anyone; but peek-a-boo through the castle window is a no-no.
Dave Watts is a Certified Legal Investigator (CLI), a Certified Fraud Examiner (CFE) and a Florida Certified Investigator (FCI). He has been a licensed investigator in Florida since 1989 and in New Jersey since 1976. Visit www.alliedbizsolutions.com or email islandinv@aol.com.
PROFESSIONAL OFFICE SUITE AVAILABLE Historic downtown location (Old Robb & Stucky Building)
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Short walk to courthouses, governmental offices, and restaurants
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Adjacent to city parking garage
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Flexible lease terms and conditions
CONTACT: LEE ANN HARRINGTON 239-334-2722
A Private Meeting for 4 or 40
GrayRobinson is pleased to announce the relocation and expansion of its Naples office: Pelican Bay Financial Center 8889 Pelican Bay Boulevard Suite 400 Naples, Florida 34108
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Naples Attorneys Gary M. Carman Dennielle M. Downes Amy L. Garrard Lisa H. Lipman Michael D. Randolph Burt L. Saunders Carl E. Westman
We guarantee an extraordinary dining experience!
239-332-2065 Reservations Recommended Lunch Mon - Fri Dinner Mon - Sat Closed Sunday In the ♼ of the Downtown Fort Myers River District www.verandarestaurant.com
Fort Lauderdale | Jacksonville | Key West Lakeland | Melbourne | Miami | Naples Orlando | Tallahassee | Tampa
239-598-3601 l www.gray-robinson.com res gestae | september 2012 37
CRIMINAL DEFENSE
SCOTT T. MOOREY
275-5552 1430 Royal Palm Square Blvd. Suite 101 Fort Myers, FL 33919
legal and proFessional MalpraCTiCe
With sensitive legal malpractice claims and grievance matters, we are the “lawyer’s lawyer.”
scott@GoodPeopleDoGetArrested.com
BUSINESS LAW ESTATE PLANNING PROBATE TRUST ADMINISTRATION CERTIFIED CIRCUIT COURT CIVIL MEDIATOR A solution-oriented practitioner licensed to practice in New York, New Jersey, Connecticut and Florida, with over 23 years experience. Ms. Pizzolato is committed to establishing long-term relationships with her clients. She is dedicated to analyzing new issues for her clients, guiding them through their decision-making process and representing them during the many phases of their lives. 7370 COLLEGE PARKWAY SUITE 314 FORT MYERS, FL 33907
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239.225.7911 info@pizzolatolaw.com WWW.PIZZOLATOLAW.COM
res gestae | september 2012
Michael J. Corso
Traci T. McKee
Henderson FranKlin’s experienCe in THe legal MalpraCTiCe deFense Field enables us to confidently and competently defend Florida lawyers exposed to liability claims and disciplinary matters, including: • Professional Negligence
• Florida Bar Complaint Responses
• Breach of Fiduciary Duty • Grievance Committee Hearings • Conflict of Interest
• Referee proceedings
• Fraud
• Mediations of disciplinary proceedings
Adapting. Changing. Moving forward. henlaw.com • 239.344.1100 Fort Myers • Bonita Springs • Sanibel ©2012 Henderson Franklin Starnes & Holt, P.A.
Focused on Real Estate and Business Law The Firm is proud to announce Kevin F. Jursinski’s: CerTiFiCaTion aS a FLorida Bar Board CerTiFied BuSineSS LiTigaTion aTTorney • He is now dual certified in Real Estate and Business Litigation Law • He is only the second attorney out 90,000 Florida attorneys to receive these distinguished credentials
The Firm is Also Proud to Announce the Addition of Two New Associates: HoLLy a. McFaLL, eSq. SaMueL a. ZoLoT, eSq. Both attorneys are focused on Foreclosure Mitigation They concentrate their practices on mortgage workout negotiations and other real-estate related matters
15701 S. Tamiami Trail • Ft. Myers, FL 33908
239-337-1147 • www.KFJlaw.com res gestae | september 2012 39
calendar of events
september 2012
17 17 20 21 25 26
Jane Lane
Attorney/Mediator janelanelaw@gmail.com
rosh hashanah Office Closed
-20 Constitution Week Speakers in the Schools secure computing for the mobile lawyer 8-10am Embassy Suites in Estero, FL 2 Hr. CLE Credits. To register call 597-7088
Membership Luncheon Constitution Theme
Executive Council
yom kippur
7:30am Brown Bag Bkfst Office Closed
october 2012
18 19
third thursday Happy hour 5-7pm TBD
pro bono committee
Brown Bag Lunch. 12pm in the First Floor Meeting Room of the Lee County Administration Building, 2115 Second Street, Downtown Fort Myers
24 27 28
Executive Council
7:30am Brown Bag Bkfst
Ask-a-Lawyer Public Service Event 9am - Noon. Location TBA
Pro Bono Awards Luncheon
LCBA with Florida Rural Legal Services, Inc Sponsored by M & I Bank, and Copy Lady. Location: Royal Palm Yacht Club
november 2012
10 12 16
Celebrate the voices
Voices for Kids signature event series. 6-10pm Royal Palm Yacht Club. 239-533-1435
veteran’s day Office Closed
Annual Meeting luncheon
Legacy theme: SW FL Community Foundation, Mentoring Speaker. 2013 LCBA Member-at-Large. Sponsored by M & I Bank, and Copy Lady Location: Royal Palm Yacht Club
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Executive Council 7:30am Brown Bag Bkfst
december 2012
12 12 24
LCBA Holiday Open House Joint event with building. Executive Council 2012 Wrap-Up and New Member-at-Large Indoctrination - 25 Christmas Holiday
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Office Closed
res gestae | september 2012
1051 Wyomi Drive Fort Myers, FL 33919 phone 239-910-0220 fax 239-337-0204
When your clients want mediation to be the last day of their case. Mediating since 1994
is of time the essence
when
Merit is pleased to provide the following services • Two Convenient Locations In Ft. Myers • Standard Six-Day Transcript Delivery • Depositions, Hearings & Mediations • Courtsmart Transcription • Conference Rooms Available For Mediation • Realtime • Free Wireless Access • Videographers • Video Text Synch At No Charge • Interpreters Free ASCIIs, CDs, Keyword Indexes, and Condensed Transcripts
www.meritcourtreporting.net 239.481.1300 Downtown • 2022 Hendry Street Suite 104 • Fort Myers, FL 33901 S. Fort Myers • 6213 Presidential Court Suite 100 • Fort Myers FL 33919
Congratulations to the Members of the Lee County Bar Association’s
100 Club Aloia Roland & Lubell, LLP Andrew S. Epstein, P.A. Arend & Sisk, P.A. Bonita Springs City Attorney’s Office Bosco Law Firm, P.A. Boyle Gentile Leonard & Crockett P.A. Bruno & Prado, PLLC Burandt, Adamski & Feichthaler, P.L. Calvo & Calvo Coleman & Coleman Cooper & Nelson, LLP Eikner & Johannessen, LLP Engvalson & Associates, P.A. Eraclides, Johns, Hall, Gelman Fowler White Boggs, P.A. Fox & Ramunni, PA Freidin • Dobrinsky Fried & Fried, P.A. Geraghty, Dougherty, Edwards, P.A. Green, Schoenfeld & Kyle, LLP Goetz & Goetz Goldberg, Racila, D’Alessandro & Noone, LLC Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Grace Crawford Hahn Loeser & Parks LLP Heidi Brown Henderson, Franklin, Starnes & Holt, P.A. Joseph R. Gaeta, P.A. Julie Osterhout
The Law Offices of Kevin F. Jursinski, P.A. Kiesel, Hughes & Johnston Knott Ebelini Hart Kushner & Kushner Lance McKinney Lee County Legal Aid Society, Inc. Luis E. Insignares, Attorneys at Law The Livingston Law Firm Martin Law Firm, P.L. The Law Firm of Scott T. Moorey Neaher & Teuber, PL Norma Hand Brill, P.A. North Law Firm, P.A. The O’Brien Law Firm O’Halloran & O’Halloran, Attorneys at Law Parvey & Frankel Prather and Swank, P.A. Andre J. Patrone, P.A. Pavese Law Firm Phoenix Law Partners, P.A. Rubinstein & Holz, P.A. Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Steinberg & Linn, P.A. Strayhorn and Persons, P.L. Thompson Family Law, P.A. Toll Law Viles & Beckman, LLC Webb & Scarmozzino, P.A. Weldon & Rothman, P.L. The Wilbur Smith Law Firm, PLLC Yeslow & Koeppel, P.A.
Is your firm part of the 100 Club? Any firm with 2 or more attorneys and 100% membership in the LCBA qualifies. If you feel your firm is eligible fax a listing of your attorneys to (239) 334-0523 and we will let you know.
res gestae | september 2012 41
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res gestae | september 2012
Naples Pier and sunset over the Gulf of Mexico
Southwest Florida’s Law School
Global Impact Professor Brian Scarnecchia surrounded by friends on a bioethics lecture tour in Malaysia
Catholic Heritage Fr. Michael Orsi, Chaplain and Research Fellow in Law & Religion
Ave Maria School of Law 1025 Commons Circle, Naples, Florida 34119 • Phone: (239) 687-5300 info@avemarialaw.edu • www.avemarialaw.edu Licensed by the Florida Commission for Independent Education, license number 4007. Fully accredited by the American Bar Association (ABA).
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P.O. box 1387 | fort myers, fl 33902-1387 (239) 334-0047 | Fax (239) 334-0523 www.leebar.org
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