Res Gestae - Aug. 2023

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

THE EDUCATIONAL EDGE

Back to School with Free VPK

SOUNDING BOARD

Meet Your School District Attorneys

ALSO INSIDE:

D&I Luncheon Photos

YLD Board Profiles

Special Events

AUGUST 2023

FAMILY DRAMA

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4. City in Collier County

August Has Arrived

August is here, and a new school year is upon us. There are quite a few members of our group that are going to be very busy in the coming weeks with their back-to-school shopping and getting little ones geared up for another year of academic success.

This month we are highlighting some of the people in our community that make the School District of Lee County work. The school district is one of the biggest employers in Southwest Florida, and as such, has had a very difficult time with the labor shortages that so many people are dealing with right now. Keep those teachers in mind who do the real legwork in raising our young ones.

My wife is a teacher, so I see firsthand all the effort that goes into preparing for class. It starts even before the school year begins with setting up the classroom, buying supplies (usually out of pocket), and lesson planning well before the students get there. Teachers go back to work full-time more than a week before the first day of school.

Teachers are our most valuable resource because it is their dedication that educates our kids. I am impressed every day with my wife, and with all the teachers, who work with challenging kids and stuffed classrooms while short on resources. Thanks to my wife and all the teachers.

Also, the annual back-to-school tax holiday is underway. If you have kids going back to school, that tax holiday goes until August 6, so you still have a chance to save a little bit on your school supplies.

ADMINISTRATION

Executive Director

Lauren Baugh

LEE COUNTY BAR ASSOCIATION

Administrative Assistant

Mairelis Tamayo

EXECUTIVE COUNCIL

President

Spencer Cordell, Esq.

Vice President

Hon. Kathy Smith

YLD President

Casey Gartland, Esq.

BOARD MEMBERS

John Dommerich, Jr., Esq.

Diana “Dawn” Maselli, Esq.

Travis Russell, Esq.

Douglas Szabo, Esq.

COMMITTEE CHAIRS

Bench-Bar Gala

Diana “Dawn” Maselli, Esq.

Diversity and Inclusion

Ita Neymotin, Esq.

Health and Wellness

Hon. Kimberly Davis Bocelli

John Miller III, Esq.

History

Jenna Persons-Mulicka, Esq.

E. Bruce Strayhorn, Esq.

Law-Related Education

President Emeritus

Tiffany Pereira, Esq.

Secretary

Jerry Olivo, Esq.

Treasurer

John Miller, III, Esq.

JUDICIAL LIAISONS

Hon. Robert Branning

Hon. Devin George

LCBA Foundation Charity

Golf Tournament

Kenneth Jones, Esq.

Shannon Puopolo, Esq.

Mock Trial

Eunice Gedeon, Esq.

Shaina Zuppke, Esq.

Paralegal

TBA

Pro Bono

Andrew Banyai, Esq.

In addition to being back-to-school season, we are also at the height of hurricane season. Hopefully, you already have your plans in place in case a storm hits, but if not – do not wait around. As we found out last year, storms can hit with short warning, and can incapacitate both home and office locations. Keep your files backed up and be prepared in case you need to lock down.

Also coming up is the Python Challenge, where I'll be leading a team featuring some local attorneys. There will be some photos, whether or not we are lucky or unlucky enough to encounter any pythons!

We've also got our annual baseball game outing with the Fort Myers Mighty Mussels on August 10. The game was a great time and a sell out last year.

Also, looking ahead... The LCBA Bench Bar Gala is not too far down the road on November 11. Be sure to put that date on your calendar, and when it goes live on our webpage, act quickly if you want to get a hotel reservation. It looks to be a special year!

T. Terry Rankin, Esq.

Law Week

Hon. John Carlin

PRACTICE SECTION CHAIRS

Alternative Dispute Resolution

Anne Dalton, Esq.

Alexandra Kleinfeldt, Esq.

Appellate Law

Alex Brockmeyer, Esq.

Corporate Law

TBA

Criminal Law

Asma Anwar, Esq.

Agnieszka Osowicka, Esq.

Elder Law

Blake Hampton, Esq.

Amy McGarry, Esq.

Family Law

Kayla Richmond Miller, Esq.

Danielle Seitz, Esq.

General Civil and Business Litigation

Carlos Kelly, Esq.

Immigration law

Nirupa Netram, Esq.

Intellectual Property Law

Holly McFall, Esq.

Mark Nieds, Esq.

Land Use and Governmental Law

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

Peter Dennis, Esq. Spencer

Diana Castrillon, Esq.

Diana “Dawn” Maselli, Esq.

Baseball, New CLEs & More!

August is one of my favorite months of the year. It is not only my birth month, but it is also the time of year where I start to plan for the following year!

August is also the month that Lee County Bar Association holds our annual Baseball with The Bar event. It give LCBA members the opportunity to hang out with each other on a more comfy and casual level. A huge thank you goes to Spencer Cordell and his firm for sponsoring the suite for everyone to enjoy while watching the Mighty Mussels play! Reservations are limited, so get your seats while they are still around. For full event details, check out the flyer on page 35. Early this month, on August 4, LCBA is doing something we have not done in many years: an YLD exclusive event. During this fun program, young lawyers – defined as 36 years old and under, or, 5 years and under in practice – can have candid and casual conversation with the Judiciary, all while enjoying their favorite junk food! Bring your favorite snack to share, along with canned goods to donate.

With fall quickly approaching (and the summer heat leaving us, soon, hopefully!), the entire LCBA team is getting excited for our traditional fall events. These include the Pro Bono Awards Luncheon on October 20, as well as the Bench Bar Gala at The Westin on November 11.

That’s right, the annual LCBA Gala is approaching quickly, which means… We want YOU to sponsor and attend! This event is a great opportunity for you to get your name, your firm’s name or your business name in front of prominent attorneys and honorable judges in Southwest Florida. Email or call me for full details on what is available!

Also, be sure to check out our calendar for this month and the following months on page 10, including some upcoming CLEs. We are even partnering with the Lee County Clerk of Courts Office to host a luncheon to go over the new procedures on e-filing and the caveats surrounding that – and we would love for you to join us!

If there is a legal topic that you would like LCBA to explore creating an event around, please reach out. If we can make it happen, we will! In the meantime, enjoy the last few days of summer break – and especially those with kiddos. I know I will!

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

Creative/Art Director

Christi Finger

Graphic Designer

Lynsey Gill

Contributing Writers

Jill Backer, Esq.

Lauren Baugh

Katherine “Kati” Cook, Esq.

Joseph “Joey” Coleman, Esq.

Spencer Cordell, Esq.

Kathy Dupuy-Bruno, Esq.

Casey Gartland, Esq.

Judge Devin George

Corey Huffman, Esq.

Carlos Kelly, Esq.

Diana “Dawn” Maselli, Esq. Corris McIntosh, Esq.

Chief Judge Frank Porter

Shaina Zuppke, Esq.

Contributing Photographers

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 rgeditorial@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©2023 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.

Lauren Baugh, Executive Director LBaugh@LeeBar.org

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SAVE THE DATE

SPECIAL EVENTS CALENDAR

As you plan ahead for 2023, here is a brief list of special LCBA events to note for your calendar. All dates are subject to change and any updates will be posted on LeeBar.org.

AUGUST 2023

4 YLD Junk Food with Judges

Time: 12 p.m. to 1 p.m.

Location: Lee County Justice Center, CR-2B

Cost: Free for Judiciary and YLD Members (only)

Bring your favorite junk food to share, plus one or more canned goods to be donated!

10 LCBA ADR Virtual CLE

Time: 12 p.m. to 1 p.m.

Location: Zoom

Speaker: Gerard “Jerry” McHale, Jr., P.A.

Topic: Utilizing Receivers in Mediation Leveraging That Expertise

Cost: FREE

10 LCBA Baseball with the Bar

Time: 6 p.m. to 10 p.m.

Location: Hammond Stadium, Fort Myers

Cost: $25, which includes game ticket, suite seat, dinner and non-alcoholic beverages

11 LCBA RPPTL Section Virtual Brown Bag

Time: 12 p.m. to 1 p.m.

Location: Microsoft Teams

Speaker: Peter Knize, Esq.

Topic: Corporate Transparency Act

18 LCBA and Clerk of Courts Lunch and Learn CLE

Time: 12 p.m. to 1 p.m.

Location: Lee County Justice Center, Jury Room

Speaker: Yesenia Williams and Alicia Gonzalez, Lee County Clerk of Courts Office

Topic: Where Are the Court Records? How to Search the Clerk of Courts Online Database

Cost: LCBA Members $5, Nonmembers $10

SEPTEMBER 2023

7

OCTOBER 2023

NOVEMBER

DECEMBER 2023

1

Henry Lee Paul, Esq.

Lawyer Suspended

For

Placing Personal Interest in Fees above Interest of Client

the clients. The clients had arranged for the sale of the entire property pending the resolution of the FDOT case.

The lawyer had a fee agreement with the clients that provided for payment by FDOT upon receiving compensation for the taken property. The agreement also contained a provision that in the event the lawyer was discharged, the clients would be responsible for the reasonable value of his services. There was a possible $8 million non-monetary benefit, involving the location of a drainage pond that the clients initially sought from FDOT. The award of such a benefit would have greatly increased the amount of fees for the lawyer.

In SC20-1685, the Florida Supreme Court suspended a lawyer for three years. The lawyer placed his personal interest in fees above the interests of his clients. In so doing, the lawyer violated a host of rules including Rule 4-1.2 (Objectives and Scope of Representation), 4-1.4 (Communication), 4-1.5 (Fees and Costs for Legal Services), 4-1.7 (Conflict of Interest), 4-3.1 (Meritorious Claims and Contentions), 4-3.4 (Fairness to Opposing Party and Counsel) and 4-8.4(d) (Misconduct).

It is often the case with serious discipline that a lawyer’s moral compass has a very different setting than the rest of the profession. Such is the situation in this case. The respondent is an example of an experienced lawyer becoming detached from his obligations to his clients and pursuing a personal interest in fees to the detriment of his clients. It was an ethical departure so obvious that it is hard to fathom. It is also a lesson to even the most experienced lawyers not to abandon the basic obligation of loyalty to clients in the pursuit of fees.

The underlying case involved eminent domain. The Florida Department of Transportation (FDOT) sought to take a portion of the property owned by

The clients decided to abandon the effort to obtain the non-monetary benefit because it would delay the sale of the entire parcel. They directed the lawyer to settle the case accordingly. Instead of following the instructions of his clients, the lawyer began filing pleadings and taking actions contrary to the desires and interests of his clients. The Court stated that these actions were designed to increase fees to the lawyer. These actions also delayed the sale of the property to the detriment of the clients.

The clients hired a co-counsel who made an appearance in the case in an effort to restrain the lawyer from taking further actions to increase his fees and delay the sale. However, the lawyer continued to ignore the desires of his clients. He also filed a petition for fees in the amount of $1.3 million that sought compensation for the abandoned non-monetary benefit. The lawyer also surreptitiously altered the terms of a settlement proposal prepared by co-counsel and presented to FDOT. This act finally caused the termination of the representation of the lawyer, who then filed an unsuccessful lawsuit against his clients seeking fees.

The details of this conduct are even more egregious when the entire record is read. It provides a reminder to all practitioners that the duty of loyalty to a client should not be supplanted by the pursuit of fees.

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.

is proud to announce Mark A. Haskins has joined its panel of neutrals.

» Working Florida Supreme Court Certified Circuit Civil Mediator for over 5 years.

» Civil litigator representing both plaintiff and defense counsel on Florida’s Southwest Gulf Coast in areas such as personal injury, complex medical malpractice, catastrophic injury, wrongful death, premises liability and commercial cases — for more than 32 years.

Mark A. Haskins

mhaskins@uww-adr.com

» Rated AV Preeminent by MartindaleHubbell.

MEDIATION | ARBITRATION | E-DISCOVERY | SPECIAL MASTERS CALL TOLL FREE: 800-264-2622

READ MORE & SCHEDULE: WWW.UWW-ADR.COM

linkedin.com/company/upchurch-watson-white-&-max @UWWMmediation

Upchurch Watson White & Max MEDIATION GROUP

Carlos represents his business clients in the areas of partner/ shareholder claims, creditors’ rights, and other contract-based claims. He represents his real estate clients in the areas of eminent domain, inverse condemnation, Bert J. Harris, Jr., Private Property Rights Protection Act claims, purchase and sale disputes, real estate broker/agent defense and landlord/tenant claims. Naples Illustrated has named Carlos a “Top Lawyer” in the practice areas of business litigation, eminent domain and condemnation law (2018-2022). Florida Super Lawyers® magazine named Carlos to their list in years 2021-2023.

BEST PRACTICES

An Interview with Civil and Business Trial Lawyer Robert C. Shearman, Esq.

Robert C. Shearman, Esq. recently retired from the practice of law as a trial lawyer, having started his career in Miami in 1986. Bob practiced maritime litigation before he came to Fort Myers and practiced in a variety of civil litigation areas, including employment, Section 1983, civil rights and defense of real estate brokers and agents, among others. On behalf of the Lee County Bar Association, I interviewed Bob – a former law partner of mine, who is now a mediator.

Q:Now that you are a full-time mediator, what do you see lawyers doing that they could be doing better in mediations?

A:As advocates, I think many attorneys understandably look at a mediation in binary terms of winning and losing. When you’re a hammer, you tend to see all the world as a nail. Only if the case could be resolved according to the pre-mediation evaluation could it be “won.”

As a mediator, I see the value in listening to an opponent’s arguments, evidence and perspective in a more fluid process that allows for candid questioning and maybe even re-evaluation of a party’s position based upon developments during the mediation conference. This helps keep the advocate in us from falling in love with our own arguments, buttressed by the supportive echoes of “You’re right” from partners, staff and clients, and allows us to more objectively look at the case as a judge or jury might hear it. The process is designed so each side hears her or his opponent’s best pitch.

If this leads to the reasonable conclusion that the risks associated with proceeding with the litigation outweigh the likely benefits, settlement then becomes a smart decision rather than a

capitulation. The “win” is achieved by eliminating the risk on terms the client can accept rather than exposing the client to an utterly unacceptable outcome at trial.

Q: What if the other side isn't listening?

A: Try to address the other party directly. Also, in caucus, tell the mediator specific, concrete points that you want the mediator to raise to the other side. Ask the mediator to relay those points and ask your mediator to bring the other side’s responses back to you. And be patient. Sometimes it takes time and repetition.

Q: What is the best way to educate the mediator about the case? A:

I am a big fan of providing mediation summaries to the mediator in advance of the conference. While I was guilty many times as a litigator of providing far too lengthy mediation statements, I do mean a summary - not a data dump of pleadings, depositions, reports and motions - but a condensed and thoughtful evaluation of facts, issues, evidence and prior settlement discussions. Too much information buries the important points. Too little leaves the mediator in the dark, unable to develop any advance strategy to make the mediation more efficient and successful. In most cases, three to six pages should be enough for a comprehensive summary.

Also, if there is information you think the mediator should know in order to facilitate a successful mediation, consider calling him or her to discuss it before or during the mediation conference. Some information may be best shared informally allowing the mediator to utilize it in a manner which avoids angering or embarrassing attorneys or parties.

Q: When should lawyers send their mediation statement?

A: I like to see mediation statements within a week to few days of the mediation. This allows me the time to review the statement thoughtfully, but still have it fresh in my mind when the mediation conference rolls around so that the salient points have not been lost in the wave of intervening mediations and other events.

Q: What do you think about lawyers sending their mediation statement to the opposing side?

A: There are times when this can be very helpful. Perhaps there has been a new development in case law, or a recent expert report, and allowing another party a chance to review it rather than being caught by surprise during the mediation conference allows for a reevaluation of the party's position. Particularly when dealing with institutional clients and insurers, this is key as it can be extremely difficult to bring about wholesale changes in their mediation evaluations on the fly.

Q: How do pleadings or motions help you understand the case, if at all?

A: Used strategically and not as part of an indiscriminate data dump, pleadings and motions can be helpful. When the mediator is permitted to use the materials to highlight a risk to an opposing party, they may prove persuasive. When accompanied by an admonition such as, “This shows the affirmative defense or claim was not pled, but don’t draw the other side’s attention to it because I want to surprise them at trial,” they are not useful.

Q: What is the best use of exhibits at mediation?

A: Photos and videos are often key. Society has come to expect them in support of virtually any persuasive presentation. If the mediation is virtual, be sure you understand how to share your screen and have your exhibits readily accessible, so you're not fumbling through the presentation and distracting from your message. Also, don't fall into the trap of robotically reading from a power point presentation. It can devolve into tedious impediment to settlement rather than the impactful statement you intend.

Q: How can lawyers make opening statements effective in mediation?

A: The most effective opening statements present the salient aspects of a party’s case without personal attacks, hyperbole or bombastic threats. They convey confidence, careful preparation and a command of the litigation process. They diffuse rather than arouse personal animosity. If an attorney is confident in his or her case, she or he should display this by explaining the factual, legal, procedural and evidentiary reasons for their confidence. It is rare that an opening statement seals the deal in a mediation, but it is not uncommon for a vitriolic, tone-deaf opening to lead to an early impasse.

Q: Should the lawyer’s goal be to get you “on their side” or does that matter?

A: The lawyer who focuses on the mediator as his target audience misses the point. Mediation provides one of the few

opportunities in the litigation process for an attorney to speak directly to the opposing party. The party and his or her attorney should be the target audience. If the case is compelling, the mediator will pick up on this. The goal should be to give the mediator the tools to get the case resolved. I look for an attorney to help me help them. Let me know if you are looking for me to raise issues with your client or opposing counsel which might be better received coming from me than you. Level with me about your goals and expectations. I have a lot better chance of helping you to your destination if you tell me where you really want to go.

Q: Does the format of a mediation—Zoom mediations or in-person mediation—have any bearing on whether the mediation is more likely to be successful?

A:

Conventional wisdom for many years was that mediation required in-person attendance by all parties and counsel. The pandemic changed this. Out of necessity, the vast majority of mediations came to be conducted remotely almost overnight. I don't see the pendulum swinging back. This is not to say that in-person mediations are not useful in some cases. They absolutely are. There is nothing like the personal impact of face-to-face interaction to evoke a visceral response in a catastrophic injury

By Carlos Kelly, Esq.

case, for example. In strictly transactional matters, the added efficiency of a virtual mediation may be more conducive to settlement because of its efficiency and cost savings.

Whether the mediation is in person or remote, however, it is the failure to ensure the case is sufficiently developed, or that the attorneys and parties are sufficiently empowered to negotiate, that dooms a mediation to failure. If the parties are determined to simply “check the box” by attending mediation, or don't have the information or discretion necessary to resolve the case, no amount of persuasion from the mediator will make a settlement happen.

Q: What if it’s necessary to cancel or reschedule a mediation?

A:Sometimes this may happen when lawyers get close to mediation and realize a dispositive motion must first be filed or a deposition must first be taken. Staying on the right side of the case management deadlines will usually eliminate or minimize the need to cancel or reschedule for case deadline issues. But if something does come up, try to let your mediator know no later than two weeks before the mediation. This allows your mediator an opportunity to re-book the time with another set of parties, minimizing wasted time and expenses.

Jill Backer has over 20 years of experience building and executing a successful employer outreach program for law schools. Before her current role as associate dean of professional development at Ave Maria School of Law, she served in the same role at Pace University School of Law, as well as in employer relations at Brooklyn Law School.

WHY CAN’T I FIND A LATERAL ASSOCIATE?

Southwest Florida is an excellent place to practice law. There are about 107,000 attorneys licensed to practice in Florida—but only about 72,000 actually practice within the state. Collier and Lee County have about 1,000 lawyers each with the populations of Collier at 386,000 and Lee at 788,000, respectively.

Theoretically, that means there is actually one practicing lawyer for every 838 people in Collier and Lee Counties combined. That is not a lot, and firms are busier than ever. Firms are screaming for lateral associates.

It makes sense that firms want an attorney with 2-5 years of experience because these mid-level associates are already somewhat trained, but are not yet too expensive to hire. However, there does

not seem to be any lateral associates available to hire. Firms put out ads and get zero responses. Why can’t firms find lateral associates? There are several reasons at play.

Smaller Classes of New Graduates: Between 2010 and 2015, class sizes fell 38 percent nationally. Since 2015, the class sizes have been down 4 to 5 percent year over year. 2021 was an anomaly when the class sizes rose drastically during the pandemic. There are just fewer new attorneys to hire than there were a decade ago.

Salary Dysmorphia: Indeed.com says the average entry-level attorney salary in Florida is $90,000 to $102,000 per year, with gradual upticks with each year of experience. Of course, this is skewed to the larger salaries in Miami and

Tampa. However, it is not really less expensive to live in Collier or Lee Counties than in Miami or Tampa. Offering a wage that is not able to cover living in the county is not reasonable.

Comparatively, the entry-level salary at the Public Defender’s offices in the state is $60,000, with the new state budget potentially offering another $7,000 raise in 2023 to $67,000. In the private market, offering a lateral associate with billing requirements less than $80,000 is not reasonable. If you don’t pay them a wage allowing them to live in your county and being fair in the marketplace, associates will leave, and quickly.

Overall, Southwest Florida salaries need to catch up to the livable wage and the comparison wages for billable work. Young attorneys are leaving the traditional practice of law in droves due to low wages offered in large swaths of the legal market.

In-House Jobs: Gone are the days when 3 to 5 year associates made their way in-house. Many corporations are now hiring in-house with as little as one year of experience or less. Corporations have seen the wisdom of having more junior attorneys on staff. Millennials and members of Gen Z are interested in kicking the billable hour to the curb and going in-house.

Of my last two graduating classes at Ave Maria School of Law, I had several graduates go directly in-house, bypassing the firms entirely. Firms are losing young associates to in-house jobs that

require service to only one client and flexible hours.

What can we do to make hires? Firms need to think strategically about associate hiring, instead of knee-jerk hiring reactions to busy practices.

Many firms seek to hire a 2-5 year lateral associate instead of an entry-level attorney. However, a lateral hire can be a stress on the firm as the lateral associate has to be re-taught how to do things “your way.” Also, lateral attorneys are at a premium right now and everyone is trying to hire them. They are in demand and there are not many of them. If you hire a student and then keep them as an entry-level attorney, the rewards may outweigh the investment.

When I counsel a small firm looking to make a lateral hire, I always suggest that they instead hire a 2L or 3L and train them up. This allows for an audition timeframe to ensure the right cultural fit. Hiring a student can be a “safer” option than hiring a lateral associate. Plus, hiring a student frees up your associates for more billable work. It is all new and exciting for a student, so they can be given some of the routine work and still bring a new sense of excitement to the practice.

Offering the right salary, training the person well and integrating them into the firm may keep them at your firm for the long haul. Also, hiring a student and training them up may be the best thing for your firm in the long run.

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GET TO KNOW Your YLD Board

Remember what it was like on your first day at college? Fresh clothes, a heavy bookbag and classrooms full of unfamiliar faces... For brand-new lawyers, starting an entry-level firm position or taking the first step toward building a local, professional network can feel much the same.

That’s one reason why the Lee County Bar Association’s Young Lawyers Division (YLD) team invests copious amounts of time and energy into supporting newcomers in the legal arena. If you are a rising star who is just starting out in Lee County, the four board members featured here are the advocates you need to know!

CASEY GARTLAND, ESQ. YLD President

Casey serves as a litigation and trial attorney at the Pendas Law Firm’s Fort Myers Office. He practices the plaintiff side of personal injury law, insurance bad faith, property damage and Hurricane claims, and breach of contract. Following his undergraduate work at Florida Gulf Coast University as well as the University of Cincinnati, Casey attended the University of Florida Levin College of Law. Not one to choose just one internship, Casey worked at both Lusk, Drasites & Tolisano in Cape Coral as well as at eClat Law in Orlando during his 1L year. During his 2L year, Casey took an internship with Kubicki Draper in Fort Myers.

During his time as a first-year lawyer, Casey’s mentor Dale Swope gave him some great advice. “Any decent lawyer can read a case and analyze it, but the best lawyers are the ones who can weaponize the law for their client’s cause. Having the ability to dissect and breakdown a complex opinion or doctrine is great, but to truly become a master of your craft, you need to take it a step further and turn the law into a sword or shield for your client depending on the situation. The best attorneys are the ones that get results and never stop learning. Always be thirsty to learn more.”

JOSEPH “JOEY” COLEMAN, ESQ. YLD President-Elect

Now a managing shareholder at Coleman Litigation, Joey started out by earning a bachelor’s degree from Florida State University, followed by Florida State University College of Law. For his internship, he worked at a boutique civil litigation firm in Southwest Florida, called Woodward, Pires & Lombardo. Today, he practices in the areas of commercial litigation, copyrights and trademarks.

Joey would offer the following advice to those just starting out in law. “Don’t try to re-invent the wheel. There is almost always a form or a template around to help you get started, or someone you can ask for help. Remember, everyone is a potential client or referral source, including the opposing party or opposing counsel. Keep that in mind while you litigate.”

To connect with our Young Lawyers Division and learn about opportunities available for our members, please visit LeeBar.org or contact YLD President Casey Gartland at cgartland@pendaslaw.com.

DIANA “DAWN” MASELLI, ESQ. YLD Treasurer

Dawn attended Florida Gulf Coast University, where she received her bachelor’s in legal studies. She then joined the first class to complete all three years at Ave Maria School of Law in Naples, Florida. During college, Dawn started at Associates & Bruce L. Scheiner’s office as a file clerk. In law school, she was permitted to return during summers and gained the incredible opportunity to assist with trials. Dawn fell in love with the profession and has continued working with the firm for the past 16 years.

Her advice to young lawyers? “Hold yourself accountable. Don’t be afraid to admit when you don’t know the answer to a question, and don’t be afraid to admit when you’re wrong. With determination and diligence, you can do anything and achieve any goal you pursue.”

KATHERINE “KATI” COOK, ESQ. YLD Secretary

An associate at Boy Agnew Potanovic Miller, Kati practices in the field of labor and employment law. She obtained a bachelor’s from Florida Gulf Coast University before pursuing her law degree at Ave Maria School of Law. Kati’s very first internship took place at the Office of the Attorney General for the State of Florida. She also served as a summer associate at Henderson Franklin in Fort Myers.

Kati’s advice for up-and-coming lawyers is to be patient. “Make living your life with absolute integrity and kindness your first priority. The best is yet to come!”

WELCOME

NEW MEMBERS

Please join Lee County Bar Association in welcoming these newest additions to our membership rolls.

JUSTIN BARGER, ESQ.

Garvin Injury Law

CAITLYN BONNEMA

Law Student, Ave Maria Law School

GARY CARMEN, ESQ.

GrayRobinson

CHRISTINE CUMMINS, ESQ. State Attorney’s Office

AMELIA GREEN, ESQ.

Patrone, Kemp, Bentley & Mace, P.A.

MELISSA HUBBLE, ESQ.

Cole, Scott & Kissane, P.A.

TERRENCE LAVY, ESQ.

Vernis & Bowling of SWFL

ANGELO MARINO, JR., ESQ.

Angelo Marino, Jr., P.A.

SEBASTIAN NYE-SCHMITZ, ESQ

The Nye-Schmitz Law Firm, P.A.

JENNIFER ROYAL, ESQ. State Attorney's Office

STEPHANIE RUSSELL, ESQ. State Attorney’s Office

CAROL SELLERS, ESQ.

Law Office of Richardson & Sellers, P.A.

DOUGLAS SPIEGEL, ESQ.

Douglas E. Spiegel, P.A.

ABRAHAM THORNBURG, ESQ.

State Attorney’s Office

BRIAN WILLIAMS, ESQ.

Cole, Scott & Kissane, P.A.

NOTES

from the bench

FRANKJUDGE

Recently, a number of familiar faces have stepped into new judicial roles within the 20th Circuit Court, including the Hon. J. Frank Porter as Chief Judge. Lee County Bar Association caught up with a few of these hardworking judges and gained insights and an update about the term ahead.

The Honorable J. Frank Porter was elected by his colleagues as the next chief judge of the 20th Judicial Circuit. His two-year term runs through June 30, 2025.

Chief judges are responsible for ensuring the circuit court and county court administrations run smoothly and efficiently. Additionally, the chief judge enters administrative orders to oversee the court's daily operations. A chief judge is also in charge of assigning judges, controlling dockets, regulating the use of courtrooms, considering statistical data of cases and promoting the prompt and efficient administration of justice.

Judge Porter recently corresponded with Res Gestae about his philosophy and goals as Chief Judge.

I started my new job as Chief Judge on July 1, 2023. Former Chief Judge Michael T. McHugh is due great admiration for leading us for the past eight years.

The initial changes I have made are new administrative judges for Lee County. Having served in that capacity for most of my judicial career, I understand the added workload and believed it was time for some relief for Judges Laboda, Carlin and Paluck. We owe them much thanks for serving.

New Lee County administrative judges are Judge Michael T. McHugh, Circuit Civil; Judge Elisabeth Adams, Family; Judge Robert Branning, Circuit Criminal; and Judge Devin George, County Court. Thank you to these colleagues for taking on this new role.

My philosophy is to be deliberate and thoughtful before making decisions. A change should not be made just for the sake of making a change. I have an open mind, but remember when making your pitch: Less is more!

WHEN"REMEMBERMAKING YOUR PITCH: LESS IS MORE!"

CHIEF

PORTER

JudgeDevin George

The Honorable Devin George was recently appointed as an administrative judge for the 20th Judicial Circuit’s County Court. Her term started on July 3, assuming the position previously held by Judge Tara Paluck – who delivered many years of dedicated service to the community.

Administrative judges are responsible for presiding over informal administrative adjudication proceedings. This can include resolving disputes, administering oaths, receiving testimony and evidence, making fact findings and issuing adjudicative orders.

As one of many new administrative judges, Judge George provided an update for Res Gestae readers that addresses some temporary judge shortages.

Today, Lee County is short one judge, following Judge Erik Leontiv’s move to Collier County in May. We will be temporarily short by two, with Judge Garza bringing a new baby girl into the world in July.

During Judge Garza’s short-term absence, Judge Zachary Gill and Judge Nicole Mirra will be heading the Civil Division. The remaining criminal judges will take turns covering Judge Gill’s criminal docket. Thank you to the legal community for its flexibility as the court navigates this shortage and finds a replacement for Judge Leontiv as soon as possible.

School's insession

MEET YOUR SCHOOL BOARD ATTORNEYS

Did you know that The School District of Lee County is the ninth largest school district in Florida? It is the 33rd largest school district in the United States. The District operates 118 schools throughout the county for approximately 95,000 students. The second largest employer in Lee County, the School District has over 12,000 employees and an operating budget of two billion dollars.

The legal needs of the School District are vast and include: education law, torts, contracts, business, construction, ethics and compliance, government, litigation, constitutional issues, employment, union and labor matters, policy making, applying Robert’s Rules of Order and many other areas of law.

These legal needs are met by the District’s legal department, comprised of four in-house attorneys, support staff, law clerks and outside counsel when needed.

Kathy Dupuy-Bruno is in her fourth year as school board attorney and general counsel for the District. A natural fit, Kathy has been a child advocate and committed to public service throughout her career.

Her current role allows her to expand on that dedication by having a larger impact on children in Lee County and the community. “Over the past 24 years as a practicing attorney, I have been exposed to many areas of law and built a repertoire of skills. The combination of those legal experiences, lawyer skills, uncompromising ethics and soft skills are strengths that I bring to my current role,” explained Kathy.

Trained in collaborative law and as a mediator, Kathy previously served as an Attorney ad Litem in dependency cases and Guardian ad Litem in custody cases. She has represented individuals in special education matters, family law and civil rights cases, as well as handling insurance liability claims, workers’ compensation and employment-related matters.

“Believe it or not, my biggest strength is soft skills – the ability to work with all kinds of personalities, form bridges, actively listen and play a part in problem-solving,” she said.

KATHY DUPUY-BRUNO, ESQ.

That expertise comes in handy in her current position with the District. “Prior to this role, I could not imagine the enormous effort that it takes to operate a school system, especially a district of our size. I now have a deep appreciation for leadership and our staff’s commitment and dedication to students. The issues we face on a daily basis are formidable and obstacles abound— but we get it done every day,” said Kathy.

Kathy is quick to express pride in her legal team, who work tirelessly and proficiently to do their part for the District’s students, staff and community. Shaina Zuppke and Corey Huffman joined the legal team in 2022, followed by Corris McIntosh, Jr. in 2023.

Assistant School Board Attorney Shaina Zuppke serves as in-house counsel, providing legal services involving all areas of business services and operations. This includes procurement, construction, document review for academic services and charter schools, policy and public records.

She started her legal career as an assistant attorney for the Office of Criminal and Civil Regional Counsel, and has practiced for ten years as an attorney. Prior to coming to the District, Shaina was a general practitioner and owned her own law firm for five years.

“Working for the School District allows me to combine my experiences in business, my passion to serve our community and children, and my knowledge of the law. My current position has all of those aspects intricately involved in the day-to-day legal needs of the District,” said Shaina.

“Working in litigation and business has fine-tuned my ability to see the larger picture, to find solutions with the challenges that the education system is facing,” she added.

Shaina enjoys navigating the complex issues that school districts face on a daily basis. “I get to work on many diverse and complex issues that incorporate education, finance, procurement, construction, academics, public records, government relations and so much more. I am constantly challenged and get to work with knowledgeable colleagues across the District,” explained Shaina.

The most rewarding part of her job? “I get to see the full cycle of my work. The policy and contracts that I have created are being used by the District, so I get to see many of these programs, services and goods in action. My own child gets to experience things that I helped build,” she said.

Her colleague, Assistant School Board Attorney Corey Huffman, also values the opportunity to find solutions and provide valuable representation for children in Lee County.

A native of Naples, Florida, Corey graduated from Florida State University College of Law with a juris doctor in 2011. Corey is an avid reader and sits on the Board of Directors for two nonprofit organizations in his free time.

Corey started his legal career in public interest work at Collier County Legal Aid. “I have spent my entire legal career representing children with special needs to ensure they received the proper educational support to which they are entitled,” said Corey.

His background in representing children spans from education to the foster care system. “I have worked in family law to protect children from violence at the hands of their parents and other individuals. I have also assisted children through custody proceedings to protect them from abusive parents,” explained Corey.

The transition to working for the School District was a natural next step. Today, he brings his unique perspective and experience to the District’s Lee County constituents as the assistant school board attorney who handles academic services. “It made sense to come assist the Board and School District staff in providing these services to our children. We work hard to ensure all receive an exceptional education from the Lee County School District,” he said.

The School District’s legal team operates in support of the Board’s mission to help each student achieve his or her highest personal potential through the values of excellence, integrity, high expectation, accountability, believing in its students, and exhibiting the utmost professionalism.

This mission and the drive to provide an excellent education is also what motivates Corris McIntosh, Jr., the legal team’s fourth and final team member. “The most rewarding part of my job is knowing that our work contributes to the process of providing education for youth in our community,” said Corris.

A native of Fort Myers, Florida, Corris graduated from Stetson College of Law with a juris doctor and a master’s degree in business administration from the Stetson School of Business in 2007. While attending undergraduate school at Brown University, he obtained a bachelor’s degree in public and private sector organizations.

SHAINA ZUPPKE, ESQ.

COREY HUFFMAN, ESQ.

CORRIS MCINTOSH, ESQ.

Corris practiced as a commercial attorney in private practice, prior to joining the Office of Legal Services with the Lee County School District. “My decision to serve the school board was based on my desire to work within an organization that provides an opportunity to have a positive impact on the community. As someone who has been educated in the Lee County School District, my prior experience working in local government brings a unique perspective to the role of assistant school board attorney,” explained Corris.

TEAMWORK MAKES THE DREAM WORK

Working together, this intrepid team of four guides the School District of Lee County through a myriad of changes and unexpected obstacles each year. No two years ever present the exact same set of challenges – and the 2022-2023 school year was no exception.

For example, the legal team sprang into action last year to help get schools reopened expeditiously and safely following Hurricane Ian. “Doing our part to help Lee County get back to normal was a monumental task,” said Kathy

“During that time, we remained responsible for ensuring that the District stayed in compliance with federal, state and local statutes and regulations, as well as monitoring the ever-changing legal landscape. Last year, the School Board also conducted a major overhaul to its policies, adopting over 500 policies and implementing a Speak Up, Listen Up initiative to improve the overall work culture at the District,” she said.

Throughout it all, the legal team was an integral part of the forward momentum. “Being a lawyer gives you a unique set of skills that you can use in every field. It gives you the ability to learn information quickly, break it down and utilize it in almost every situation,” said Shaina.

That’s not going to change any time soon. “Ultimately, the most rewarding part of the job is being an active contributor to the School Board’s vision of being a world-class school system,” said Kathy.

As the 2023-2024 school year ramps up, the attorneys who comprise your school board legal team will remain as diligent as ever to support Lee County youth.

THE LENS THROUGH

The LCBA recently hosted an Inclusion & Equality Luncheon on Friday, June 16 at the Edison Restaurant in Fort Myers. A crowd gathered to hear a distinguished panel representing inclusion and equality from all angles during the monthly luncheon. Kelly Fayer, Esq., moderated the panel presentation, which featured the Hon. Josephine Gagliardi; the Hon. Gilberto Perez; the Hon. Charles Williams; Ita Neymotin, Esq., and Scott Westheimer, Esq.

1. Lauren Baugh, Scott Westheimer, Kelly Fayer, Ita Neymotin

2. Hon. Josephine Gagliardi, Hon. Charles Williams, Ita Neymotin, Scott Westheimer, Kelly Fayer

3. Hon. John McGowan, Ita Neymotin, Hon. Charles Williams, Scott Westheimer, Spencer Cordell

4. Hon. Gilberto Perez, David Sims

5. John Agnew, Suzanne Boy, Scott Westheimer

6. Inclusion and Equality Luncheon Attendees

7. Hon. Josephine Gagliardi, David Sims, Stephen Thompson

8. Spencer Cordell, Suzanne Boy, Scott Westheimer, Ita Neymotin, John Agnew

9. Hon. Carolyn Swift, Hon. Gilverto Perez

10. Kathleen Fitzgeorge, Hon. Kathy Smith, Hon. Josephine Gagliardi

JimJettPhoto.com

NOMINATION FORM

2024 - 2025 EXECUTIVE COUNCIL MEMBER-AT-LARGE

I, nominate the following LCBA member in good standing for the position of 2024 - 2025 Executive Council Member-at-Large.

Date:

Nominee's Name:

Law Firm:

Comments:

Please return this form to Lauren Baugh, LCBA Executive Director

Email: LBaugh@leebar.org

Mail: 2077 First Street, Suite 207 | Fort Myers, FL | 33901

Candidates' Nominations will be accepted until close of business day, Friday, September 15, 2023.

BALLOTS will be emailed by Monday, October 16, 2023. VOTING CLOSES on Wednesday, November 15, 2023 at 5 p.m.

By Lauren Baugh

DISHING on the Florida Bar

VOLUNTARY BAR LEADERS CONFERENCE

Generally each month, I write The Dish about a great local restaurant. Very few times have I strayed from this approach. But when it is called for, I do make the call and stray away. With that, welcome to The Dish: Conference Edition!

Each year, I attend the Florida Bar Voluntary Bar Leaders Conference (VBLC). It is held all throughout the state of Florida during July each year, typically a few weeks after the Florida Bar Annual Convention.

More casual than most, this conference is designed to be a comfortable and candid environment where executive directors and bar leaders can be in rooms with their peers and ask questions without any judgement. The conference hosts about 250 attendees each

year, as well as many vendors from all over Florida who want face time with voluntary bar association (VBA) leaders.

There are a variety of breakout sessions and main sessions where leaders from both The Florida Bar and the VBA world speak with and to conference attendees to help further our education. They share tips and ideas about how to grow membership, maintain budgets, gain sponsorships and manage in a way that best suits members’ needs.

This conference has proved invaluable for me during the past five years that I have served LCBA members as executive director. This is also sometimes where I meet sponsors for our very own voluntary bar! I even had the

Lauren Baugh is the Executive Director at Lee County Bar Association and can be reached at LBaugh@leebar.org.

opportunity to get some questions answered by my friend and The Florida Bar President Scott Westheimer.

Stepping Up to Serve & Lead

The planning and execution of this conference are a huge undertaking for the chair, vice chair(s) and Florida Bar staffer, Jeff Doran. To give back, I have deliberately stepped up more and more each year to assist with hosting this event.

This year, I was asked to speak along with John Kynes, a fellow executive director from the Hillsborough County Bar Association, as well as Katie Gilden, a CPA from Broward County with COO of Fiske Forensic Accounting. Speaking is beyond an honor at this conference, and I have been lucky to have spoken at two of them now!

There are always familiar faces each year as we gather. But this year, there were also several new faces as various boards changed over. I highly encourage anyone who wishes to seek a leadership role in the LCBA, YLD or any other similar organization in the legal world to attend this annually.

The ideas that come from this conference each year prove to be some of the best!

I am an advocate for constant learning. One of my catchphrases is “always be learning,” and that applies to life – but also in any business setting. No matter how experienced you are in your field, there is always an idea you have not had yet. Sometimes it takes hearing one idea to blast off an event, a case or the like, and make it successful. Being around passionate VBA people at this event each year renews my passion for the LCBA.

The ideas, comradery and face time with statewide Florida Bar governors, president, president elect and president-elect candidates are fun. It also provides me an opportunity to remind them of the community in Lee County and the Twentieth Circuit.

If you are not aware, the only candidate up for the role of Florida Bar president for the 2025-2026 Florida Bar year is Sia Baker Barnes, Florida Bar governor. I met her a few years ago at the VBLC and have since seen her at each and every VBLC and Florida Bar Annual Convention since. I say this to show you that my attendance at these events on behalf of LCBA ensures that you are known to each and every county, circuit and affinity bar, which can potentially lead to your victory!

By Alan Zagier

The Educational E D G E

A 2002 ballot initiative approved by Florida voters makes the Sunshine State one of the few with free, universal and voluntary pre-kindergarten (VPK) programs.

Statewide, more than 2.6 million children have benefited from VPK since its 2005-06 start. Locally, nearly 7,500 children attended 260 different VPK programs in school year 2021-22 in the four-county region served by the Early Learning Coalition of Southwest Florida.

At the same time, more than 1,000 children in Lee, Collier, Glades and Hendry counties remain on waiting lists for quality early childhood education —a pivotal head start that research shows gives young learners a significant advantage in early literacy and other academic mileposts.

This month, we spotlight two local nonprofits working to prepare early learners for success in both school and in life.

Early Learning Coalition of Southwest Florida

As one of 30 Early Learning Coalitions in the state, the ELC of Southwest Florida administers the VPK program in the fourcounty region of Lee, Collier, Hendry and Glades. Its motto: Nurturing the young children of Southwest Florida and those who care for them.

The Coalition serves as a clearinghouse for the hundreds of accredited VPK programs in the area from which parents can choose — public and private schools but also some childcare centers, home-based and faith-based organizations.

Parents choose a VPK provider based on what programs best meet their children’s needs, with a curriculum that includes literacy, math, science, and social and emotional development.

Children who are four years old on or before Sept. 1 can sign up for the upcoming school year, while kids whose fourth birthday falls between Feb. 2 and Sept. 1 can delay their VPK enrollment until the next year, when they are five, provided they don’t yet enroll in kindergarten.

“The benefits of VPK are immense,” said Doug Szabo, a Henderson, Franklin, Starnes & Holt stockholder, Lee County Bar Association Executive Council member and ELC of Southwest Florida vice-chair.

Statewide, fewer than half of the roughly 188,000 students enrolled in kindergarten in fall 2022 completed VPK, with 62% of that group deemed ready for kindergarten based on early literacy tests. By comparison, only 40% of those who participated in VPK, but didn’t finish, scored as high, with just 37% of those who didn’t attend at all deemed ready for kindergarten.

Beyond VPK, the Coalition offers a host of resources for both parents and childcare providers, from CPR and first-aid training to bilingual curriculum updates and financial aid opportunities.

Szabo is particularly fond of the Coalition’s Literacy Buddy Program, which provides children in need with donated books to take home and share with their families. Adult buddies and their matches exchange letters, promoting communication and connection as well as reading fluency.

“It’s no cliché to say that the children are our future,” he said. “Whatever we can do to invest in the success of future generations is going to be invaluable.”

Child Care of Southwest Florida Inc.

Started in 1967, Child Care of Southwest Florida manages five childcare centers in the region: The Children’s Learning Center, Joseph H. Messina Children’s Center, and P.A. Geraci Child Development Center, each in Fort Myers; Children’s Garden of LaBelle; and The Community Children’s Center in Lehigh Acres.

The organization also oversees and coordinates the Department of Children and Families’ statemandated childcare training and competency exams in the five-county region (including Charlotte) and administers the U.S. Department of Agriculture’s Child Care Food Programs in 24 counties.

Each of its centers is accredited by the National Accreditation Commission for Early Learning Leaders and recognized as Gold Seal Quality Care Programs through the Florida Department of Children and Families. The organization is also a United Way partner agency.

For CEO Chris Hansen, VPK is an essential tool to help even the educational playing field when it comes to families with resources versus those who do without.

“Research shows that 48 percent of children from low-income families start school ready to learn, compared to 75 percent of children from middle-income families,” he said. “It’s no surprise that a great proportion of middleincome and high-income families send their children to an early learning center compared to lower-income families, and that achievement gap continues throughout the education spectrum.”

The organization also provides Primary Needs Scholarships for health care workers, educators, retail associates, restaurant employees and others to work full-time, allowing those in entrylevel positions to take classes on nights and weekends. Individuals and businesses can support the scholarship program through four giving levels: $40 to sponsor a child for one day, $200 for a week, $800 for a month or $10,000 for one year.

To donate, visit CCSWFL.org/get-involved, call 239-278-1002 or email info@ccswfl. org. All donations are tax deductible.

To apply for a VPK voucher, visit VPKSWFL.org or call the Early Learning Coalition at 239-935-6100. You can also visit the Fort Myers office from 8 a.m. to 5 p.m. Monday through Friday for assistance, located at 2675 Winkler Ave. The office provides free kiosks, and no appointments are needed. The regular school year program offers up to 540 hours of preschool, with classes capped at 20 students.

Doug Szabo is a stockholder of Henderson, Franklin, Starnes & Holt, P.A., dedicating his career and practice to complex business cases involving corporate and partnership disputes, trade secret litigation, real estate disputes, and breach of contract lawsuits. He also has a substantial bankruptcy practice. Doug was recently named to the Best Lawyers in America list.

Chris Hansen is CEO of Child Care of Southwest Florida, a nonprofit early childhood education provider with five accredited learning centers in Lee and Hendry counties. Chris is a native of Lee County and was formerly the Chief of EMS, Deputy Director of Public Safety, and District Four Director on the Lee Health System Board.

THANK YOU

TO OUR LCBA SPONSORS

PLATINUM

INGOLDKIND

GOLD

GOLD SILVER

GOLD BRONZE

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

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 Legal Aid Society, Inc.

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, Brett, Stewart, Hersch, Kinsey & Hill, P.A.

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

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

Wilbur Smith, LLC

Yeslow, Koeppel & Anderson

ZinnLaw, PLLC.

THINGS

YOU DON'T KNOW ABOUT ME

1. When I was little, I made fun of my Grandma Kathleen for these orange sandals she used to wear. Just before she passed away, she and my aunt went shopping and bought this orange, glass shoe for my work desk as a funny reminder. It is a happy memory!

2. Being elected by the Lee County community as a Lee County judge is one of the most significant professional milestones thus far in my career. However, my greatest accomplishment in life, and the one I am most proud of, is becoming a mom.

3. I am a third-generation Southwest Florida native, so this is truly my home. I love the river and beaches and, although the community is growing rapidly, I love how it still has that small town feel.

4. A family tradition that I have cherished over the years is Christmas Eve dinner! We eat lots of yummy food –typically fish, because we are Italian – and Grandma reads The Night Before Christmas. It is something I hope to carry on as my family starts our own family traditions.

5. I have always been fascinated with learning about different cultures, and Pocahontas was one of my favorite Disney princesses. I’d share a meal with her, if I could, and ask: How would she feel about so many girls, and young women, idolizing her? What is her true story? What advice could she give about bringing cultures together and seeking peace in our world today?

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

IN THE NEWS

DIVISION A UPDATE

Judge Lisa S. Porter recently moved to Charlotte County. Lee Family Law Judges and Senior Judges will be covering dockets for Lee County’s Division A until a new judge is appointed. For attorneys wishing to file proposed orders/FJ on their cases in this division, they may e-file through the portal to Division A. Orders will be reviewed and routed to the appropriate judge for signature.

All scheduling for Division A cases will be done by Judge Swift’s Judicial Assistant, Ivelisse. Parties wishing to schedule a hearing should email Ivelisse Miller at imiller@ca.cjis20.org. Tina Baginski remains the case manager for Division A. Parties with general questions or wanting information on case status can contact Tina at tbaginski@ca.cjis20.org or (239) 533-8248.

LEE COUNTY TO PILOT NEW FRAUD PREVENTION PROGRAM

Lee County has been chosen to be the location for the State of Florida’s new “Title Fraud Prevention Through Identity Verification” pilot program. Signed into law by Gov. DeSantis, HB 1419 is designed to make it harder to file fraudulent deeds in Lee County. It authorizes the Lee County Clerk to pilot the program for two years and build out how the process may work for other counties.

TAKING NOTES

Attorney Mary Vlasak Snell of Pavese Law Firm has been appointed as secretary of the United Way of Lee, Hendry and Glades Counties. With an outstanding track record in the legal industry and passion for making a difference in the lives of others, Mary will work alongside the United Way team to enhance the organization’s impact on the local community. She is a longtime distinguished board member, executive committee representative and reappointed secretary.

BACK TO BASICS WITH NOTA

President Scott Westheimer wants The Florida Bar to get back to basics –and that starts with Nota, a new trust accounting solution for Florida Bar members. Beginning in September, at Westheimer’s direction, Florida lawyers will have free access via the Member Benefits Program to the Nota financial management platform.

The solution is designed to help lawyers easily manage their trust accounts while complying with Florida Bar rules. It can be used with M&T Bank, with existing online banking services for most banks, and as a standalone trust accounting solution not tied to any online banking platform. For a preview of the platform and to pre-register for access, visit www.trustnota.com/TheFloridaBar.

DOUBLE VISION

Kayla Richmond and Katie Kohn of Henderson, Franklin, Starnes & Holt, P.A have each achieved board certification in divorce, marital and family law by the Florida Bar. This prestigious certification is a testament to their exceptional expertise and commitment to providing clients with the highest level of legal services. With over 100,000 lawyers eligible to practice law in Florida, only 7% of Florida Bar members have obtained board certification.

SEEKING MEMBER ASSISTANCE WITH GRANT APPLICATION REVIEW

Each year, the Lee County Bar Association Foundation receives dozens of applications for funding dynamic programs by local nonprofit organizations. The Foundation is seeking LCBA members to assist in reviewing the applications and making funding recommendations for the 2023 grant cycle. No prior nonprofit or grant review experience necessary. The commitment would be approximately 4 to 5 hours in October, 2023. This is a great way to get involved and learn more about the Lee County Bar Association Foundation. Please contact John Webb at johnwebblaw@gmail.com if you are interested in volunteering.

CALLING ALL NONPROFITS & LCBA MEMBERS!

The Lee County Bar Association Foundation, Inc. is now accepting grant applications from local nonprofits for its 2023 grant allocation cycle, starting Aug. 1 through Sept. 30, 2023. Grants are anticipated to provide support for specific programming in amounts of less than $10,000 per organization. Applications are available on the Foundation website at www.LeeBarFoundation.org.

Additionally, the Foundation is seeking LCBA members to assist in reviewing applications and making funding recommendations for the 2023 grant cycle. No prior nonprofit or grant review experience necessary. The commitment would be approximately 4 to 5 hours in October, 2023. Please contact John Webb at johnwebblaw@gmail.com if you are interested in volunteering.

IN MEMORIAM

Melissa G. Skeen

Cindy Trammell

June 1

June 30

Marcus Viles July 14

INTRODUCING KANNER & PINTALUGA

Kanner & Pintaluga is an aggressive, ethical and results-driven law firm committed to representing accident, serious injury, and property damage victims. With a team of nearly 100 attorneys, we have the experience and expertise to achieve the most favorable outcome for clients. Our team is always available to discuss your rights and make certain that you and your family are protected.

Since establishing the firm in 2003, Kanner & Pintaluga has recovered in excess of $1 billion on behalf of thousands of clients. Our team takes case preparedness to an unparalleled level with our authentic mock courtroom. Both attorneys and clients benefit from a realistic environment and intense pretrial practice to ensure there are no surprises when the trial begins.

Kanner & Pintaluga’s newest office is located in Downtown Fort Myers and is overseen by managing partner John Edwards, Esq., a Fort Myers native. The Fort Myers office currently is focused on helping victims from Hurricane Ian get what they deserve from insurance companies when their claims are denied or underpaid.

Our Practice Areas

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•

The personal injury team at Aloia Roland is resolute in their practice area. Having navigated through adversity, they have the perseverance and determination it takes to succeed. They have built relationships in the community and can lead your friends, family and clients to their desired results.

Evan D. Lubell Senior Partner Personal Injury & Wrongful Death

Jonathan Martin Partner Personal Injury & Wrongful Death

Ty G. Roland Senior Partner Personal Injury & Wrongful Death

you might wonder where to go for safe, sound banking services. We can assure you that Edison National Bank/Bank of the Islands is FDIC-insured and BauerFinancial - the source for unbiased, across the nation.

Edison National Bank/Bank of the Islands is standing strong with money to lend, and with a history of long-term stability and resilience, we are absolutely committed to remaining well-positioned to honor our promises and protect our banking customers.

Geoff Roepstorff, CEO and Robbie Roepstorff, President