Res Gestae - April 2024

Page 1

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

CRACKING THE CASE AT CIRCUIT COMPETITION

ALSO INSIDE: Q&A with a Local Practitioner

ALLRISE

for Lee County’s Newest Judges

APRIL 2024
randall l. spivey randall l spivey EXPERIENCED SPECIALIST TO REFER PERSONAL INJURY CASES SpiveyLaw.com 239.337.7483 Main Office 13400 Parker Commons Blvd Fort Myers, FL 33912 Serving ALL of Florida • Maximum Referral Fees Paid • More than 28 years of experience with numerous jury trials throughout Florida Randall L. Spivey: Board Certified by The Florida Bar as a specialist in Civil Trial law (2001 – present) Rated AV Preeminent by Martindale Hubbell Selected to Florida Super Lawyers Client Distinction Award and Gold Client Champion by Martindale Hubbell
4 LEEBAR.ORG Aloia, Roland, Lubell & Morgan, PLLC 35 Boy, Agnew, Potanovic, Miller 9 Brazzeal Mediation 9 Business Observer 27 Christina Mehta, LLC Realtor 23 Dal Lago Law 30 DeMine Immigration Law Firm 23 Dickman Mediation 30 Edison National Bank 36 Law Firm of Scott T. Moorey 29 Law Offices of Dennis L. Webb 7 Leonard P. Reina 27 Musca Law Office, Inc. 3 Pavese Law 22 Priority Marketing 7 Roetzel & Andress 5 Roetzel & Andress 21 Ruth Ladas 23 Senior Advocacy Group 22 Spivey Law Firm Personal Injury 2 Stockman Mediation 29 The North Law Firm, P.A. 11 West Islands Realty, Inc. 27 Yeslow, Koeppel & Anderson 25 AD DIRECTORY 6 LETTER FROM PRESIDENT Birthday Reflections Hon. Kathy Smith 8 LETTER FROM EXECUTIVE DIRECTOR Turning the Page to April Lauren Baugh 10 SPECIAL EVENTS CALENDAR 12 ETHICALLY SPEAKING Supreme Court Mulls Eliminating Zealous Representation Henry Lee Paul, Esq. 14 LEGAL LENS The Next Line of Defense 16 SPECIAL FEATURE Sparking Connections at Mock Trial Circuit Competition 20 GUEST COLUMN Q&A With Local Expert Tom Smoot, Jr. Megan Strayhorn, Esq. 24 COMMUNITY CONNECTION Premier Mobile Health Services 25 WELCOME, NEW MEMBERS 26 YOUNG LAWYERS DIVISION The Case for a Lee YLD Pro Bono Event Kevin Huguelet, Esq. 28 100 CLUB 29 MEMBER SPOTLIGHT Iman Zekri 31 THANK YOU, SPONSORS 32 IN THE NEWS 42 SPONSOR SPOTLIGHT Fort Myers Court Reporting APRIL 2024 ON THE COVER 18 All Rise for Lee County's Newest Judges

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APRIL 2024 5
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FAMILY

Birthday Reflections

April is my birthday month and this one is a big one!! But rest assured, 60 is the new 40, only with more joy and a VIP membership to the “I don’t care what people think” club. It’s like I’ve acquired a newfound superpower of saying what's on my mind, semi-unfiltered and unapologetic. This has been very liberating! At 60, I am happy, healthy, and more confident in my abilities and decisions than I’ve ever been. I can honestly say, this is the best gift I could ask for!

As a younger attorney, I agonized over being perfect. 60 has been a transformative and empowering age. This milestone has given me permission to truly understand and accept my strengths and weaknesses. I’m not perfect and I do not have to be!

Having accumulated a wealth of life experiences, today, I appreciate the value of time and prioritize healthy relationships and experiences that bring me joy and fulfillment. But keep in mind, there is no time like the present. So, please don’t wait until you’re 60 to believe in yourself and the power you possess to control your own destiny!

What I’d tell my younger self: Be kind to yourself and others. Be more tolerant of others’ opinions. It’s ok to agree to disagree and move on! Practice gratitude as life is good. It’s ok to say no! Stay positive! Try not to control everything, it is an exercise in futility! And, turn failures into opportunities!

The perspective I’ve gained over the years has allowed me to savor the present moment and appreciate life’s beauty. Living in the moment, leaving my cell phone at home, ditching social media, and just exploring and enjoying life is such an amazing sensation! I highly recommend you try it out over a weekend, for starters. Once you get over the initial shock and withdrawal symptoms, you will slowly but surely begin to truly appreciate the beautiful world around you and all it has to offer.

Remember, at 60, you're not old; you’re just a vintage edition of fabulous!

ADMINISTRATION

LEE COUNTY BAR ASSOCIATION

Administrative Assistant

Hon. Kathy Smith, LCBA President

kathleens@pd20.org | 239.533.2911

Executive Director

Lauren Baugh

EXECUTIVE COUNCIL

President

Hon. Kathy Smith

Vice President

John Miller III, Esq.

YLD President

Joseph Coleman, Esq.

BOARD MEMBERS

Erin Casey, Esq.

Jerry Olivo, Esq.

Megan Strayhorn, Esq.

Doug Szabo, Esq.

COMMITTEE CHAIRS

Bench-Bar Gala

Diana “Dawn” Maselli, Esq.

Diversity and Inclusion

TBA

Health and Wellness

Hon. Kimberly Davis Bocelli

Ashley Kogan-Weed, Esq.

John Miller III, Esq.

History

Hon. Jenna Persons-Mulicka

E. Bruce Strayhorn, Esq.

Megan Strayhorn, Esq

Law-Related Education

T. Terry Rankin, Esq.

Law Week

Hon. John Carlin

PRACTICE SECTION CHAIRS

Alternative Dispute Resolution

Anne Dalton, Esq.

Alexandra Kleinfeldt, Esq.

Appellate Law

TBA

Corporate Law

TBA

Criminal Law

Asma Anwar, Esq.

Agnieszka Osowicka, Esq.

Elder Law

Lisa Gelman, Esq.

Blake Hampton, Esq.

Amy McGarry, Esq.

Family Law

Kayla Richmond, Esq.

Danielle Seitz, Esq.

General Civil and Business Litigation

Joel Hyatt, Esq.

Kara Jursinski Murphy, Esq.

Mairelis Tamayo

President Emeritus

Spencer Cordell, Esq.

Secretary

Dawn Maselli, Esq.

Treasurer

John Dommerich Jr., Esq.

JUDICIAL LIAISONS

Hon. Robert Branning

Hon. Devin George

LCBA Foundation Charity Golf Tournament

Meredith Jones, Esq.

Vanessa Fernandez, Esq.

Mock Trial

Maria Alaimo, Esq.

Shaina Zuppke, Esq.

Paralegal

TBA

Pro Bono

Andrew Banyai, Esq.

Peter Dennis, Esq.

Mental Health Initiative Committee

Holly Cosby, Esq

Dawn Maselli, Esq.

Immigration law

Pablo Hurtado, Esq.

Nirupa Netram, Esq.

Intellectual Property Law

Mark Nieds, Esq.

Land Use and Governmental Law

Zachary Liebetreu, Esq.

Sarah Spector, Esq.

Real Property, Probate and Trust Law

Kenneth Kemp, Esq.

Peter Knize, J.D., L.L.M.

Robin Merriman II, Esq.

Solo & Small Firm

Conor Foley, Esq.

Tort Litigation

Diana Castrillon, Esq.

Diana “Dawn” Maselli, Esq.

6 LEEBAR.ORG PRESIDENT'S LETTER 60

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APRIL 2024 7
,
.
Bar

Turning the Page to April

April is a busy month, both personally and professionally. A common theme recently is that most are finding themselves on the edge of burnout. Maintaining a good work-life balance and keeping our minds healthy is incredibly important.

The LCBA and FRC have partnered to address that very topic at our inaugural wellness event for LCBA members on Thursday, April 18.

Mastering Wellness: Spring Symposium is a four-hour, educational program filled with amazing speakers from both the legal and mental health fields. Additionally, you will find some great wellness vendors, who will host mind and body breaks between each presentation.

Much appreciation to our Mastering Wellness event sponsors! Please see page 21 for the full event listing and LCBA’s sponsor showcase. I also want to thank Kristianna Soto, without whom this event would not take place. If you see her, give her a high five!

LCBA has dedicated this year to mental health and wellness and will now offer monthly “Wellness Wednesdays.” Organized by the LCBA Health & Wellness Committee, these include quick chair yoga sessions where you can learn how to do breath work and more!

Law Week is just around the corner in May. LCBA is still seeking attorney volunteers for our Annual Law in the Mall Event. Organized by Katherine Camadeco, Esq., this event is Saturday, April 27 at United Way’s headquarters in Harlem Heights, Fort Myers. Please come out and provide some pro bono work to this underserved community! Sign up by emailing me using the contact information below.

With Law Week comes the coveted LCBA Law Week Awards Luncheon on Friday, May 3 at the City of Fort Myers Riverside Community Center. Both registration and sponsorship opportunities are available now at leebar.org. If you have a large group, please email me and I will help with your reservation. For a full listing of details and sponsors, please see page 15.

Log on to our website or check out our weekly newsletter for upcoming events. LCBA has many CLE opportunities in the near future, and always welcomes your ideas!

Lauren Baugh, Executive Director

LBaugh@LeeBar.org | 239.334.0047 Ext. 102

The official award-winning publication of the Lee County Bar Association, which serves citizens and the legal community since 1949.

STAFF

Publisher

Teri Hansen, APR

Advertising Account Executive

Elise Rose

Editor

Sarah Nadal

Associate Editor

Kathy Becker

Alan Zagier

Editors In Law

Hon. Kathleen Smith

Lauren Baugh

Creative/Art Director

Christi Finger

Graphic Designer

Lynsey Gill

Contributing Writers

Lauren Baugh

Kevin Huguelet

Henry Lee Paul

Hon. Kathy Smith

Megan Strayhorn

Iman Zekri

Contributing Photographer

Jim Jett Photography

Res Gestae is an award-winning magazine published monthly by Priority Marketing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to rgeditor@prioritymarketing.com. To advertise, contact Elise Rose at (239) 267-2638 or rgsales@prioritymarketing.com. For billing inquiries, call (239) 334-0047.

We make every effort to ensure the accuracy of the information published, but we cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by writers and advertisers are not necessarily opinions shared by LCBA, Res Gestae or Priority Marketing.

Copyright©2024 Lee County Bar Association, Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission from the Lee County Bar Association. To inquire about such permission, please contact Lee County Bar Association at info@leebar org.

12140 Carissa Commerce Ct., Ste. 201 | Fort Myers, FL 33966 239.267.2638 | prioritymarketing.com | info@prioritymarketing.com

8 LEEBAR.ORG EXECUTIVE DIRECTOR'S LETTER

Board Certified in Civil Trial Law by The Florida Bar

Represented Plaintiffs and Defendants

Former Plaintiff-side Personal Injury Attorney

Former Medical Malpractice Defense Attorney

Southwest Florida Resident Since 2005

Office in Collier County, Florida

APRIL 2024 9 ( 2 3 9 ) 8 2 1 - 0 0 6 9 B r a z z e a l M e d i a t i o n . c o m S c h e d u l e O n l i n e Chad T. Brazzeal, Esquire Chad@BrazzealMediation com M e d i a t i o n . A r b i t r a t i o n . V i r t u a l o r I n - P e r s o n .

SAVE THE DATE FOR 2024

SPECIAL EVENTS CALENDAR

As you plan ahead for 2024, here are special LCBA events to note for your calendar. All dates are subject to change and any updates will be posted on LeeBar.org.

APRIL 2024

11 Criminal Law Section CLE

Time: 12 to 1 p.m.

Location: Lee County Justice Center, 5B

Topic: Demystifying Federal Grand Jury Subpoenas and Federal Practice So Your Client Does Not End Up in Jail Based on Your Advice

Speaker: Douglas Molloy, Esq.

Sponsor: Molloy Law, PLLC.

FREE to all LCBA Members - See page 30.

12 RPPTL Virtual CLE

Time: 12 to 1 p.m.

Location: Microsoft Teams

Topic: 2024 Florida Legislative Update

Speaker: Travis Hayes, Esq.

18 ADR Virtual CLE

Time: 12 to 1 p.m.

Location: Zoom

Topic: Handline Elder Abuse in Mediation

Speaker: Alice Reiter Feld, Esq.

18 LCBA and FRC Mastering Wellness: Spring Symposium

Time: 12 to 4 p.m.

Location: The Collaboratory

See page 21 and website for ticket information, speakers and sponsors!

20

Health and Wellness Committee Family Friendly Farm Yoga

Time: 10 a.m. to 12 p.m.

Location: The Barn at Smith Acres

See page 28.

24

Wellness Wednesday Quick Chair Yoga

Time: 3:30 to 4 p.m.

Location: Zoom

25

Criminal Law Happy Hour

Time: 5 to 7 p.m. Location: City Tavern, Downtown Fort Myers

Sponsor: Robert Harris Law Firm

10 RPPTL Virtual Brown Bag

16 ADR Virtual CLE

17 LCBAF Annual Charity Golf Tournament

20 General Civil & Business Litigation Lunch and Learn CLE

21 Criminal Law Lunch and Learn

by Wilbur Smith, LLC.

27 Memorial Day – LCBA and courts closed

10 LEEBAR.ORG
to all LCBA Members
Law In The Mall (Seeking Volunteer Attorneys!) Time: 10 a.m. to 12 p.m.  Location: United Way’s Harlem Heights Location
Lauren Baugh to sign up.
FREE
27
Email
MAY 2024
3 Law Week Awards Luncheon
sponsored
2024 7 YLD
with the
at the Lee County
JULY 2024 4 Independence Day – LCBA and courts closed 5 LCBA and courts closed AUGUST 2024 1 Baseball with the Bar 2 YLD Junk Food with the Judges at the Lee County Justice Center 16 LCBA Luncheon with FL Bar President-Elect Sia Baker-Barnes
JUNE
Burritos
Bench
Justice Center
APRIL 2024 11

Supreme Court

Mulls Eliminating Zealous Representation

The Florida Bar has petitioned the Florida Supreme Court in In Re: Amendments to the Rules Regulating The Florida Bar, SC24-0032 to remove all reference to “a lawyer’s duty to act zealously, as a zealous advocate, or with zeal on the client’s behalf” from The Rules Regulating The Florida Bar. The Preamble to the Rules of Professional Conduct currently provides that “as an advocate, a lawyer zealously asserts the client’s position…” The comment to Rule 4-1.3 (Diligence) currently states, “A lawyer must also act with commitment and dedication to the interests of the client and with zeal in advocacy upon the client’s behalf.”

Zealous advocacy has been a “basic narrative” of the American legal profession “for over two centuries.” See Michael Ariens, Brougham's Ghost, 35 N. Ill. U. L. Rev. 263, 264–65 (2015). However, there is also a competing policy interest that imposes obligations on a lawyer to act with professionalism as an “officer of the legal system.”

The Supreme Court has long complained of the lack of professionalism among members of The Bar. This concern has frequently been expressed in recent discipline cases in which the Court has imposed serious sanctions for lack of professionalism. A review of disciplinary case law in Florida and in jurisdictions throughout the

United States reveal that the friction between two competing policies is often at issue. In addressing these competing policies, The Florida Supreme Court has made its position unmistakably clear that unprofessional conduct is one of the “most serious problems facing the legal profession today.”

The proposed amendment removes the word zeal and instead provides that a lawyer should assert “the client’s position with commitment and dedication to the interests of the client.” The proposed amendment to the comment to the preamble of the Rules of Professional Conduct explains the reason for the amendment and states:

Zealous advocacy has been invoked in the legal profession as an excuse for unprofessional behavior. In The Florida Bar v. Buckle, the Supreme Court of Florida stated “[w]e must never permit a cloak of purported zealous advocacy to conceal unethical behavior” 771 So. 2d 1131, 1133 (Fla. 2000). These rules are meant to illustrate the special responsibility and high standards of professionalism in this field and zealousness as it has been applied in practice does not align with these ideals. A lawyer’s conduct should strive to be respectful, considerate, and diligent in the practice of law.

In the consolidated cases of The Florida Bar v. Schwartz, SC19-0913 and SC21-0484, the Court recently disbarred the respondent making the point that, “over time, Schwartz has engaged in increasingly inappropriate conduct under the guise of zealous representation.” This is just one of many statements the Supreme Court has made in imposing discipline for overzealous conduct.

The proposed amendment to remove zealous representation from a lawyer’s vocabulary was championed by the Real Property Probate and Trust Law Section of The Florida Bar. If the Court adopts the recommendation, it will be consistent with recent case law emphasizing that zealousness is not an excuse to justify unprofessional conduct.

12 LEEBAR.ORG ETHICALLY SPEAKING By
Henry Lee Paul, Esq.
Henry Lee Paul, Esq. is a former Bar Counsel who now represents lawyers in all matters before the Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.
APRIL 2024 13 For over 30 years, we have been representing clients in Accident and Injury cases. Attorney Joe North Attorney Joseph North (239) 337-1191 TheNorthLawFirm.com 5220 Summerlin Commons Blvd., Suite 300 | Fort Myers, Florida 33907 Car & Truck Accidents Motorcycle Accidents Drunk Driving Accidents Serious Injury Cases Family Law Custody & Support Cases Hurricane Property Damage Claims Paralysis Cases Apartment Shootings Gun Violence Cases Courtroom Trials Workers Compensation Wrongful Death Cases Pedestrian Accidents Bicycle Accidents Dog Bite Cases Slip & Fall Accidents Negligent Security Cases Settlements

THE NEXT LINE DEFENSE

In March, LCBA teamed up with the Lee County Public Defender’s Office to host a series of civic-themed presentations to seventh graders at Cypress Lake Middle School in Fort Myers. Students learned about the world of public defending – why it matters, what it entails, and who it involves – while asking a plethora of questions about criminal defense and many other topics. Presenters included 20th Circuit Public Defender and LCBA President Kathy Smith, 20th Circuit County Court Chief Asma Anwar, Lee County Youth Defender Ashley Kogan-Weed and 20th Circuit Felony Court Chief Ryan Downey.

“The event was a lot of fun. After the presentation, many students expressed that they wanted to be attorneys when they grew up,” said LCBA Executive Director Lauren Baugh.

14 LEEBAR.ORG LEGAL LENS
1. 2. 3. 4. Pictured here: Ryan Downey Pictured here: Hon. Kathy Smith Pictured here: Asma Anwar, Esq. Pictured here: Ashley Kogan-Weed
OF
APRIL 2024 15

MOCK TRIAL CIRCUIT COMPETITION

WINNERS & AWARDING SPONSORS

February 22-23, 2024

Best Plaintiff Attorney

Valeska Perez

Andrew Vasile, FSW

Sponsored by the Farr Law Firm

Best Defense Attorney

Hadley Murphey, CSN

Sponsored by Mahshie & DeCosta, P.A.

Best Plaintiff Witness

Haruna Mescallado, CCHS

Sponsored by The Wotitzky Law Firm

Best Defense Witness

Barbara Habas, FSW

Sponsored by the Charlotte County Bar Association

Best Closing Argument

Sophia Dupeyron

Sponsored by the Lee County Bar Association

Team Professionalism

Community School of Naples

Sponsored by the Collier County Bar Association

SPARKING CONNECTIONS AT MOCK TRIAL

CIRCUIT COMPETITION

Following the County Competition in February, high school students from select schools began their final preparations and progressed to the circuit level of Mock Trial competition.

The 25th Twentieth Judicial Court High School Mock Trial Competition was held on Thursday, February 22 and Friday, February 23 at the Charlotte County Justice Center. Charlotte County Public Schools’ mock trial champions, hailing from Florida Southwestern Collegiate High School’s Charlotte Campus, battled to defend the title against teams from Community School of Naples, Collier County, and Cape Coral High School from Lee County during a grueling two-day contest.

In the end, the competition narrowed down to two highly skilled and motivated teams: Florida Southwestern Collegiate High School’s

Charlotte Campus and the Community School of Naples. Students competed in the final round to determine which team would represent the Twentieth Judicial Court at the State Mock Trial Competition in March. In a split decision, amidst a very exciting final round, Community School of Naples claimed the title of Twentieth Judicial Court High School Mock Trial Champions!

The Twentieth Judicial Circuit Mock Trial Competition is co-sponsored by the Charlotte County Public Schools, the Collier County Public School and the Lee County Public Schools, as well as these counties’ Bar Associations and local businesses. The continued support of the legal and business community in this annual mock trial program is vital to its success and makes all the difference.

16 LEEBAR.ORG
SPECIAL FEATURE
BLACK’S LAW DICTIONARY U.S. CONSTITUTION THE POWER OF WORDS
APRIL 2024 17

FULLYINVESTED in Lee County

In the hallowed halls of justice, the role of a judge takes center stage. The weight of decisions made in the courtroom can shape the lives of many. Judges are responsible for ensuring each verdict upholds the pillars of justice in a fair, equitable manner.

On November 3, 2023, Governor Ron DeSantis announced two judicial appointments for positions in Lee County. Here are some background details about these two accomplished individuals, who are committed to diligently serving the local Southwest Florida community.

ANDREW MARCUS

Filling the vacancy created by the retirement of Judge Donald H. Mason last year, Judge Marcus officially took the bench on January 3, 2024. Judge Marcus is currently serving in the Unified Family Division as a Circuit Court Judge in Lee County, Florida.

Judge Marcus earned his bachelor’s degree from the University of Michigan, and his juris doctor from the University of Miami’s School of Law. He was admitted to The Florida Bar in 2006.

In 2006, Judge Marcus began his legal career with the state attorney’s office in Fort Myers, Florida. Shortly after being promoted to the felony division, Judge Marcus was assigned to a firearms docket, where he prosecuted violent felonies involving the use or possession of a firearm, including first-degree murder.

Additionally, Judge Marcus was also designated as a Special Assistant United States Attorney,

which allowed him to prosecute federal crimes involving the use or possession of a firearm. During his time as a prosecutor, Judge Marcus also provided training to law enforcement and lectured on various topics, including firearms prosecution and crime scene investigation.

After leaving the State Attorney’s Office, Judge Marcus joined Gray Robinson where he specialized in commercial litigation with a particular emphasis on banking law. For years, he represented some of the largest financial institutions in the world, in both state and federal court throughout Florida.

Judge Marcus also trained corporate representatives on how to give testimony in depositions, evidentiaryhearings and at trial. In 2018, Judge Marcus opened his own practice here in Fort Myers, Florida, and specialized in commercial litigation and consumer protection claims.

He lives in Fort Myers with his wife and three children, and enjoys boating and fishing with his family. Judge Marcus is passionate about serving his community, and was recently appointed to the Board of Trustees for the Animal Refuge Center.

18 LEEBAR.ORG COVER ARTICLE
50% Juvenile Dependency K(2) 50% Juvenile Delinquency J(2)

KIMBERLY DAVIS BOCELLI

Filling the judicial vacancy created by the elevation of the Hon. Erik Leontiev, the Hon. Kimberly Davis Bocelli will be invested on Friday, April 5 at 3 p.m. in Courtroom 1-A of the Lee County Justice Center, as a judge on the Lee County Court.

Born and raised in Lee County, Florida, Judge Bocelli earned her bachelor’s degree with honors from University of Florida. She then obtained her juris doctor, graduating magna cum laude from University of Florida’s Levin College of Law.

Next, Judge Bocelli returned to Fort Myers and practiced civil litigation as an associate attorney at Roetzel & Andress, LPA, for 10 years. Her clients included shopping center owners, commercial and residential developers, contractors, condominium and homeowners’ associations, financial institutions, municipalities, small business owners, landowners and individuals.

Next, she served as General Magistrate for the Civil Division of the Twentieth Judicial Circuit in Lee County from 2015 to 2023. During this time, she presided over a wide variety of cases, including contracts, personal injury, civil forfeiture, guardianship, probate and mental health.

As a magistrate, Judge Bocelli had a high rate for adoption of recommendations by circuit judges. The Florida District Court of Appeal for the Second District and the Florida Supreme Court have affirmed on appeal several orders adopting her recommendations. In November 2023, Governor Ron DeSantis appointed her as a county court judge, and she assumed her office in the County Civil Division.

Today, Judge Bocelli is honored to serve this community, where she resides near extended family with her husband and two children. She volunteers on various committees dedicated to judicial education and has also served as co-chair of LCBA’s own Health and Wellness Committee for many years. Additionally, Judge Bocelli is involved in a number of local nonprofit organizations, including the Rotary Club of Fort Myers-Downtown and the Fort Myers Track Club.

APRIL 2024 19
BY THE NUMBERS 33.3% Civil and Other Civil 33.3% Evictions 11.1% Small Claims 11.1% Civil Infractions

Q A & TOM SMOOT, JR.

With Local Expert

As a fourth-generation Fort Myers attorney, I was interested in exploring the rich history of our legal community. I recently had the opportunity to speak with James Thomas Smoot, Jr. about his experiences in Southwest Florida.

Tom Smoot, Jr. is a well-known name both within and outside the legal community in Fort Myers. The son of a commercial fisherman, Tom obtained his law degree in 1959 from University of Florida (UF). He became not only a notable attorney, but also a philanthropist, accomplished author of The Edisons of Fort Myers, and former president of the Lee County Bar Association (LCBA).

Q: What made you get into the practice of law?

A: I never intended to become a lawyer. When I graduated UF with my business degree, I wanted to enlist with the Navy; however, that did not pan out. I found myself with a bachelor’s degree, no job and no direction. I knew I wanted to do more, so I reached out to a professor to assist me in applying for UF’s Law School. I thought I would only last a year, but eventually I decided to stay.

Q: What is the biggest change you have seen in the legal community throughout your career?

A: The technology. When I first graduated law school, I started my office with a typewriter, a secretary and a stack of books. I always tried to stay up to date with the newest technology, and it has changed quite a bit.

Q: As a young attorney, how did you learn the art of practicing law?

A: Law school only teaches you so much. When I started out as a solo practitioner, I learned the practical materials on my own. At that time, The Florida Bar offered a wealth of practical courses such as how to maintain client records. I took every course I could find.

Q: How did your legal career transform and how did you adjust to those transitions?

A: When I first started, we took any case that would walk through the door. I dabbled in a little bit of everything. It was not until I joined a law firm that I started focusing on Real Estate and Probate. Transitioning from solo practitioner to a large firm, to a small firm, felt natural and just a continuation of the work we were already doing.

Q: What is one piece of advice you would give to a young attorney?

A: Don’t do it. But, if you decide to do it, do not start out as a solo practitioner. When I first started, The Rules of Civil Procedure were still new. Now, the laws are almost endless. Nowadays, you really need a firm and a mentor to help you through those first few years.

20 LEEBAR.ORG
GUEST COLUMN
Megan Strayhorn, an attorney with Strayhorn, Persons-Mulicka and Fisher, is a fourthgeneration attorney in Fort Myers, Florida. She is preceded by her great-grandfather, Guy M. Strayhorn, who founded the firm in 1915; her grandfather, Norwood Redwine Strayhorn and father, Bruce Strayhorn –all of whom have served in numerous public offices. Tom Smoot, Jr. cleans the windows of his first office, located on the corner of First and Dean.

APRIL 2024 21 2320 FIRST STREET I SUITE 1000 I FORT MYERS, FL 33901 I RALAW.COM Proud Supporter of the Lee County Bar Association The law firm of Roetzel & Andress has been proudly serving the legal needs of individuals and businesses in Southwest Florida for nearly 35 years in the areas of:
Business and Commercial Litigation
Community Association Law
Construction and Construction Litigation
Estate Planning
Financial Services • Probate Litigation
Real Estate and Land Use R&A_2024-04_LCBA_Ad_r3.indd 1 1/12/24 10:15 AM
Pavese Law Firm Welcomes the New Member to Their Legal Team Introducing our newest attorney, Stephen S. Dwyer Mr. Dwyer’s main practice areas are Real Estate Law, and Civil Litigation 239.334.2195 | paveselaw.com Fort Myers | Cape Coral | West Palm Beach Estate Planning is all about preparing for an unknown future. Our caring and experienced advocates are the supporting cast you’ve been looking for to complete your clients’ trusted advisor team. 239.206.1203 | SeniorAGroup.com 2390 Tamiami Trail North, Suite 202 | Naples, FL 34103 Professional Fiduciary and Lifecare Management Solutions Shelley R. PERRY, JD Linda O. FLORES , CDP FOUNDERS There are no dress rehearsals for life’s uncertainties.
APRIL 2024 23 Call Today! 239.470.4204 15065 McGregor Blvd., Suite 105 • Fort Myers, FL 33908 cmehta@johnrwood.com Affiliate Member of the Lee County Bar Association Your SOUTHWEST FLORIDA Realtor® Christina Mehta • Graduate REALTOR® Institute (GRI) • Resort & Second Property Specialist (RSPS) Waterfront Specialist

That’s How She Rolls

Founded by Dr. Nadine Singh in 2018, Premier Mobile Health Services is a nonprofit mobile health clinic that brings essential care to the medically vulnerable across Lee County. Each of the organization’s three portable doctor’s offices include a pharmacy, in-house laboratory and electronic medical records (EMR) system, delivering an array of medical services for low-income children, families, individuals and the uninsured.

Since it first started, Premier Mobile Health Services has helped more than 12,000 patients in the local community. This includes providing frontline care during the COVID-19 outbreak, in the aftermath of Hurricane Ian, and now on a daily basis from its mobile units and brick-and-mortar walk-in clinic on Colonial Boulevard. Thanks to generous private donors and grants from such community partners as Lee Health and United Way of Lee, Hendry and Glades, patients without health insurance and with proof of income below 200 percent of the federal poverty guidelines receive complimentary care, while those who exceed those income limits are provided care at a significantly reduced rate.

Learn more about this organization at premiermobilehealth.org.

Premier Mobile Health Services:

Early-detection health screenings

Blood pressure and diabetes checks

Drug screenings

Basic metabolic profiles

Nutrition counseling

Basic vaccinations

School and sports physicals for children

24 LEEBAR.ORG
APRIL 2024 25 WELCOME NEW MEMBERS WELCOME , Please join Lee County Bar Association in welcoming these newest additions to our membership rolls. NEW MEMBERS PHILIP MAIORCA, ESQ Maiorca Law, P.A. THEODORE WALTERS, ESQ. Porter Wright Morris & Arthur, LLP Ready for referrals? Advertise in res gestae. Contact Elise Rose 239.267.2638 or RGSales@PriorityMarketing.com Advocating Justice for All SAVE THE DATE! Upcoming Special Events The GROUNDBREAKING SCIENCE of HEALTHY LIVING

YLD PRO BONO EVENT The case for a Lee

In February, the Lee County Bar Association Young Lawyers Division (LCBA YLD) attended the Florida Bar Young Lawyers Division (Bar YLD) Affiliate Outreach Conference (AOC). The event was in Orlando at the Swan Hotel on the grounds of EPCOT.

AOC is an annual opportunity to make grant presentations seeking to fund community service projects. It is also a great chance for young lawyers to network, learn and exchange ideas. In all, Bar YLD planned to award over $50,000 in grants.

AOC was a two-day event. Day one included various CLE and networking sessions. At the same time, Bar YLD heard the grant presentations. That night, attendees were invited to a gala and awards ceremony. Day two included a roundtable discussion over breakfast, followed by more CLE programming and awards. After the event, Bar YLD planned a scavenger hunt on the EPCOT Boardwalk. Despite rainy weather at the happiest place on Earth, many attendees also took advantage of Orlando’s theme parks.

At AOC, Lee YLD made a grant presentation. Iman Zekri and this author represented the

organization. The proposed event promises to be wonderful. Lee YLD, in conjunction with Wills for Heroes and a local VFW, will coordinate with local lawyers to provide pro bono basic estate planning services to veterans.

The event will take place over consecutive weekends. On the first Saturday, pro bono lawyers will explain simple estate planning documents like wills, powers of attorney and beneficiary designations. What’s more, they will answer veterans’ questions and explain the information or documentation needed to execute the estate paperwork. The following Saturday, the veterans will be welcomed back to meet with even more pro bono lawyers, who will help them actually execute their estate plans.

Lee YLD expects to hear back soon on the funding decision for its grant application. Either way, it plans to go forward with this exciting event. The event will take place in late 2024 or early 2025. If you practice in the area of estate planning, please consider participating. Even if you don’t know the difference between a will and a trust, please help spread the word to lawyers and veterans.

26 LEEBAR.ORG YOUNG LAWYERS DIVISION
Kevin Huguelet, Esq. works in Fort Myers as an Assistant United States Attorney practicing civil litigation. He represents the United States, along with its various agencies and employees, in a broad variety of civil contexts. Kevin is an active member of LCBA and the SWFL Federal Court Bar Association.
Anyone interested in this program should contact Kevin Huguelet at kevinrhuguelet@gmail.com, or Lauren Baugh at lbaugh@leebar.org.
APRIL 2024 27 L PR ei n a . in fo 2 3 9. 26 3. 20 5 9 L PRe ina@L PRe i n a .c om E xp erience Makes the Mediator 4,000 mediations Need Help Selling A Property due to Probate or Estate Planning? Contact me for a FREE valuation Bob Hagmann (239) 872-4661 bob@westislandsrealty.com 1027 SE 10th St Cape Coral, FL 33990 westislandsrealty.com Not intended to solicit active listing Affiliate Member The Business Observer offers: • Electronic invoicing and E-filing capabilities • Professional staff to quickly assist you • Low competitive flat rates • Qualified legal status • All print notices published by the Business Observer are automatically placed on BusinessObserverFL.com and FloridaPublicNotices.com at no additional cost BusinessObserverFL.com LEGAL NOTICE ADVERTISING Florida’s Leading Business Publication To publish your legal notices, call Kristen: 941-906-9386, ext. 323 Email: kboothroyd@BusinessObserverFL.com Meet your legal notice requirements with our broad coverage to publish in Lee, Collier, Charlotte, Sarasota, Manatee, Pinellas, Pasco, Hillsborough, Polk, Orange, Flagler and Volusia counties, or any combination of the 12. XNLV21572

IS YOUR FIRM PART OF THE 100 CLUB?

Any firm with two or more attorneys and 100% membership in LCBA qualifies. If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.

Absolute Law, P.A.

All Injuries Law

Aloia, Roland, Lubell & Morgan, PLLC.

Arend & Sisk, P.A.

Associates & Bruce L. Scheiner, P.A.

Banker, Lopez & Gassler

Boy Agnew Potanovic Miller, PLLC.

Boyle & Leonard & Anderson, P.A.

Burandt, Adamski, Feichthaler & Sanchez, PLLC.

Calvo & Calvo, Attorneys at Law

City of Fort Myers Attorney’s Office

Cole Scott & Kissane, P.A. – Fort Myers

Dal Lago Law

Freidin & Inglis, P.A.

Garvin Law Firm

Goldberg, Noone, Abraham

Goldstein, Buckley, Cechman, Rice & Purtz, P.A.

GrayRobinson, P.A.

Green, Schoenfeld & Kyle, LLP

Hahn, Loeser & Parks, LLP

John Webb Legal Group, P.L.

Kagan Law Firm

Knott Ebelini Hart

Law Offices of Dennis L. Webb, P.A.

Law Offices of Michael M. Raheb, Criminal Lawyer

Law Offices of Scott T. Moorey

Lee County Attorney’s Office

Lee County Legal Aid Society, Inc.

Light Path Law, P.A.

Linde Law Group

Men’s Rights Law Firm

Osterhout & McKinney, P.A.

Patrone, Kemp & Bentley, P.A.

Pavese Law Firm

Roetzel & Andress, L.P.A.

Rubinstein & Holz

Scarmozzino / King Trial Lawyers

Sheldon E. Finman, P.A.

Sheppard Law Firm

School District of Lee County

Spivey Law Firm, Personal Injury Attorneys, P.A.

Strayhorn, Persons-Mulicka & Fisher, P.L.

Viles & Beckman, LLC

Wilbur Smith, LLC

Yeslow, Koeppel & Anderson

ZinnLaw, PLLC.

28 LEEBAR.ORG 100 CLUB

Scott T. Moorey

Criminal Defense Attorneys

Scott T. Moorey

Lance W. Dunford

Jill A. Prenger Good People Do Get Arrested

239-275-5552

1430 Royal Palm Square Blvd Suite 101 Fort Myers, FL 33919

THINGS

YOU DON'T KNOW ABOUT ME

1. I unapologetically support the Florida Gators. My dad earned his PhD from UF in 1987, and my oldest sister earned her PharmD from UF in 2011. I remember visiting Gainesville as a kid for 4-H competitions, and I always felt right at home. Needless to say, tears were shed when I received my acceptance package from UF for law school.

2. Trying a case that I handled from start to finish and securing a positive result for a deserving mother was a career milestone. The gratitude from my client made the countless hours of trial prep well worth it. Equally satisfying is anytime a client recognizes my hard work on their case. Those moments serve as a reminder why many of us wanted to become attorneys in the first place and they make the daily grind more bearable.

3. The most adventurous things I have ever eaten are eel, shark and rabbit. My parents are originally from Tunisia, North Africa, and these meats are considered delicacies in Tunisia.

4. There’s no place like home. I was born and raised in Fort Myers, and I always planned to return to Lee County after law school. My favorite things about Southwest Florida are that my family is here, we have (almost) year-round sunshine, and the beaches are gorgeous. Plus, I couldn’t survive winter anywhere else.

5. Invest time in building meaningful relationships. Law practice is demanding, and the connections you build with others not only make life more fulfilling, but you never know when a connection may prove to be valuable. This goes hand in hand with getting involved in the community. Keep in mind, however, that building trust requires you to be authentic. Avoid trying to fit the mold of another professional whom you admire because it will not come off as genuine.

APRIL 2024 29 MEMBER SPOTLIGHT
u Iman Zekri
30 LEEBAR.ORG
APRIL 2024 31
TO OUR LCBA SPONSORS THANK YOU
PLATINUM GOLD
GOLD GOLD SILVER GOLD BRONZE INGOLDKIND

A FINE LINE

IN THE NEWS

Lee County Clerk and Comptroller Kevin Karnes recently shredded around 5,000 pounds of confidential documents for community members during its free shredding event in March. Cars were lined up almost an hour before the event even started! All participants had to do was drive up and hand off their boxes of documents to a Clerk team member, who then walked them to the onsite shredding truck for safe and secure disposal. This bi-annual event provides a convenient way to securely dispose of confidential records while helping citizens keep their personal information safe.

AN ELECTRIC EVENING

Thousands of visitors and members of the local community lined the streets of Fort Myers to witness the Edison Festival of Light’s annual Grand Parade on Saturday, Feb. 17. LCBA member Michael Corso also attended the popular event, waving to energetic crowds from his vantage point on the Henderson, Franklin, Starnes & Holt, P.A. float. The firm’s showstopping float even earned the nickname, “Watermelon Queen.”

TWICE AS NICE

DeMine Immigration Law Firm recently announced the opening of its second location at 1400 Kimdale St. E, Suite 8 in Lehigh Acres, Florida. It is slated to commence operations in March 2024. This expansion marks a significant milestone in the firm’s commitment to providing comprehensive immigration legal services to the vibrant, diverse immigrant community in Lehigh Acres. The firm is dedicated to upholding the highest standards of professionalism and is excited to bring its expertise to a new geographical region.

32 LEEBAR.ORG

FAMILY MATTERS

LCBA members gathered at the Collaboratory in Fort Myers for a free CLE luncheon, organized by LCBA Family Law Practice Section Co-Chairs Danielle Seitz and Kayla Richmond. During the lunch and learn program, board-certified, marital and family law attorney Reuben Alexander Doupé, Esq. highlighted legal practice pet peeves and tips to avoid them. Topics included the attorney-client relationship, evidence and presentation, pleading procedure and best practices.

Pictured here: Absolute Law owner and event sponsor Anthony Melchiorre, Danielle Seitz, Kayla Richmond and Reuben Doupé

SETTING A HIGH BAR

The Florida Bar Young Lawyers Association recently named YLD Vice President Kevin Huguelet, Esq. as a recipient of its annual 36 Under Thirty-Six Professionalism Awards. Presented at the YLD Affiliate Outreach Conference in February, the award is presented to young lawyers who display the highest standards of professionalism and ethics, whose character and integrity remain unwavering even in the most trying times, and whose dedication to raising the bar in the legal profession is unmatched.

THE LEAP TO VEEP

Divorce, marital and family law attorney Iman Zekri has begun serving her term as vice president of the Association of Family Law Professionals (AFLP) Board of Directors. An active member of the Board, she previously served as secretary for two consecutive terms. Her election as vice president underscores Iman’s outstanding leadership and managerial abilities, contributing to the ongoing success and mission of AFLP.

APRIL 2024 33
SHARE YOUR NEWS! If you have legal news to share, we want to hear from you! Please send press releases to RGEditor@ PriorityMarketing.com.

INTRODUCING FORT MYERS COURT REPORTING

Serving the legal community in the 20th Judicial Circuit since 1993, Fort Myers Court Reporting is committed to providing professional court reporting and transcription services that utilize the latest available technology. Our knowledgeable and experienced stenographic reporters have a well-deserved reputation for excellence in providing timely, accurate and cost-effective transcripts for clients.

As a convenience to our clients, Fort Myers Court Reporting now offers nationwide scheduling for hearings or depositions on your behalf, anywhere. The company also offers quick turnaround of high-quality transcripts by professional and certified reporters. You can access and print transcripts, exhibits and invoices at any time with an easy-to-use client repository.

SERVICES

• Depositions

• Trials

• Court Hearings

• Examinations Under Oath

• Sworn and Unsworn Statements

• Arbitrations

• Public and Private Meetings

• Federal Court & Grand Jury

• Nationwide Scheduling

• Mediation Rooms

• Conference Rooms

• IMEs/CMEs

• Expedited Transcripts

• Videography

• Videoconferencing/Remote Counsel

• Transcription from All Media

Contact Information

(239) 334-1411

Post Office Box 2099 | Fort Myers, FL 33902 fmreporting.com

34 LEEBAR.ORG SPONSOR SPOTLIGHT
Our

personal injury attorneys

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Our clients like that. Firms we partner with in battle like that, too.

Aloia Roland’s personal injury team fought for one of the largest jury verdicts ever against Florida Power & Light - $24 million. Because of our expertise in electrocution cases, we are often engaged as co-counsel by other law firms.

Offices: 2222 Second Street, Ft. Myers, FL 33901

1222 47th Street, Cape Coral, FL 33904

Telephone: 239.376.1661

Website: LawDefined.com

Jonathan Martin Partner Personal Injury & Wrongful Death Ty G. Roland Senior Partner Personal Injury & Wrongful Death Evan D. Lubell Senior Partner Personal Injury & Wrongful Death

We Make Banking About Community

As the co-founders and leaders of the oldest locally owned and managed community bank in Lee County, Robbie and Geoff Roepstorff have a special place in their hearts for Southwest Florida. As a result, the entire team at Edison National Bank/Bank of the Islands works diligently to serve as the trusted and responsive banking partner that customers need, building strong relationships and giving back to our local community.

Our highly experienced professional team is standing by to deliver their personal approach to remarkable banking services every day, in every way.

PRSRT STD U.S. POSTAGE PAID FT. MYERS, FL PERMIT NO. 147 P.O. Box 1387 Fort Myers, FL 33902-1387 (239) 334-0047 Fax (239) 334-0523 LEEBAR.ORG Equal Housing Lender | Member FDIC | Bank of the Islands is an office of Edison National Bank. To learn more about our customer services and convenient locations, please visit EdisonNationalBank.com or call 239.466.1800.
Robbie Roepstorff, President and Geoff Roepstorff, CEO

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