Res Gestae - Jan. 2024

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

Advocating Justice for All The Hon. Kathy Smith Shares Her 2024 Vision

The GROUNDBREAKING SCIENCE of HEALTHY LIVING

SAVE THE DATE! Upcoming Special Events JANUARY 2024


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JANUARY 2024

SPECIAL EVENT RECAP

A Fi-estive Holiday Party

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LETTER FROM PRESIDENT

SPECIAL EVENT RECAP

2024: An Amazing Year! Hon. Kathy Smith

Holiday Hooplah

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COMMUNITY CONNECTION

LETTER FROM EXECUTIVE DIRECTOR

Hope Clubhouse

New Year, New President Lauren Baugh

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LEGAL LENS

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RPPTL Event

SPECIAL EVENTS CALENDAR

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THE DISH

Edison Mall Lauren Baugh

ETHICALLY SPEAKING

Responding to a Bar Complaint Henry Lee Paul, Esq.

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100 CLUB

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WELCOME NEW MEMBERS

MEMBER SPOTLIGHT

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Pam Kilmartin

YLD SPOTLIGHT

Introducing your 2024 YLD President By Joey Coleman, Esq.

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IN THE NEWS

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SPECIAL FEATURE

Marketing Strategy for the Legal Professional Teri Hansen, APR, CPRC

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JUDICIAL SPOTLIGHT

The Hon. Devin George

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ON THE COVER

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GUEST COLUMN

THANK YOU, SPONSORS

Its a Beautiful Day – Don't Let it Get Away The Honorable Kathy Smith

Start Your Journey to Ultimate Health Today Matthew A. Linde, LL.M., B.C.S.

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SPONSOR SPOTLIGHT

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PRESIDENT'S LETTER

2024: An Amazing Year! LCBA is celebrating its 75th anniversary and we are stronger than ever! It’s our “Diamond Jubilee” and we are going to shine as never before!! So… While we can’t give you real diamonds, we do promise plenty of sparkle this year as we celebrate the LCBA, our members, and ourselves! This year’s theme is, “It’s a beautiful day, don’t let it get away!” Fellow U2 fans will recognize Bono’s brilliance! But all joking aside, I was inspired by a recent life-changing trip to Ireland where I visited the graves of my great-grandparents, who selflessly sent my grandmother to America for a better life. It was very moving, as I would not be here today without their sacrifice. It reinforced my belief that every day is an opportunity for us to be better, to give of ourselves and to be our brothers’ keepers. Let’s face it, we live in complicated times. In 1949 when the LCBA was officially founded, inflation in the United States was -0.95%, the average cost of a new home was $7,450 and a gallon of gas cost about 17 cents. We didn’t have cell phones, smart watches or social media to influence how we should feel. My, how times have changed! But despite all the stressors, challenges and demands we face in today’s world, we can’t lose sight of the fact that we are blessed to live and work in beautiful Southwest Florida! And, as attorneys, we have the talent and skill to help our neighbors and peers. Building on that teamwork and success, we’re jumping right into 2024 with an exciting announcement! A major focus for our organization this year will be launching the LCBA Attorney Wellness Initiative. More to come soon but for now, it suffices to say, with your help and generosity, this initiative will leave an indelible mark that will impact our legal community for years to come. I am truly honored to serve as your 2024 LCBA President. It is a privilege to lead such an esteemed association of professionals and together, we will shine!

Hon. Kathy Smith, LCBA President kathleens@pd20.org | 239.533.2911 6 LEEBAR.ORG

LEE COUNTY BAR ASSOCIATION ADMINISTRATION Executive Director Lauren Baugh

Administrative Assistant Mairelis Tamayo

EXECUTIVE COUNCIL President Hon. Kathy Smith

President Emeritus Spencer Cordell, Esq.

Vice President John Miller III, Esq.

Secretary Dawn Maselli, Esq.

YLD President Joseph Coleman, Esq.

Treasurer John Dommerich Jr., Esq.

BOARD MEMBERS

JUDICIAL LIAISONS

Jerry Olivo, Esq. Doug Szabo, Esq. Megan Strayhorn, Esq. Erin Casey, Esq.

Hon. Robert Branning Hon. Devin George

COMMITTEE CHAIRS Bench-Bar Gala Diana “Dawn” Maselli, Esq. Diversity and Inclusion TBA Health and Wellness Hon. Kimberly Davis Bocelli John Miller III, Esq. History Hon. Jenna Persons-Mulicka E. Bruce Strayhorn, Esq. Law-Related Education T. Terry Rankin, Esq.

LCBA Foundation Charity Golf Tournament Kenneth Jones, Esq. Shannon Puopolo, Esq. Mock Trial Maria Alaimo, Esq. Shaina Zuppke, Esq. Paralegal TBA Pro Bono Andrew Banyai, Esq. Peter Dennis, Esq.

Law Week Hon. John Carlin

PRACTICE SECTION CHAIRS Alternative Dispute Resolution Anne Dalton, Esq. Alexandra Kleinfeldt, Esq.

Immigration law Pablo Hurtado Nirupa Netram, Esq.

Appellate Law TBA

Intellectual Property Law TBA

Corporate Law TBA

Land Use and Governmental Law Zachary Liebetreu, Esq. Sarah Spector, Esq.

Criminal Law Asma Anwar, Esq. Agnieszka Osowicka, Esq. Elder Law Lisa Gelman, Esq. Blake Hampton, Esq. Amy McGarry, Esq. Family Law Kayla Richmond Miller, Esq. Danielle Seitz, Esq. General Civil and Business Litigation Joel Hyatt, Esq. Kara Jursinski Murphy, 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.


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EXECUTIVE DIRECTOR'S LETTER

New Year, New President! 2024 is here, and we are being led by the Honorable Kathy Smith! Fun fact, Kathy is our 10th female LCBA president. How cool is that?! We are off to a busy start here at the LCBA. 2024 plans are in full swing, but we need your help! We are still seeking annual sponsors. LCBA depends on our annual sponsorships to continue our amazing events. If you or someone you know is interested in being one of our sponsorship partners, please reach out to me! Thank you to those of you who are already partnering with LCBA this year. If you haven’t already, here is your sign to renew your LCBA membership! You can do this online at www.leebar.org or by emailing me. If you are a firm of two or more attorneys, and everyone is a member, you are also enrolled in our 100 Club! Are you getting our weekly e-newsletter? If not, please let me know. Those emails have vital information on the goings-on at LCBA, including a list of all 2024 events. You do not want to miss those! LCBA has a full calendar, but we welcome your ideas. Do you have a CLE suggestion? A networking opportunity? A luncheon topic you would find interesting? Let me know! My door is open, ideas are always welcome, and if we can execute it, we will! Events are also listed in this monthly magazine, Res Gestae, on page 10. The magazine is another avenue where you can support LCBA while growing your business through advertising! For more information, please email RGsales@PriorityMarketing.com. If you have not signed up for a ticket to attend our annual Swearing-In Luncheon, please do so as soon as possible! You do not want to miss this opportunity to meet and greet with your 2024 LCBA, LCBA YLD and LCBAF Boards. Also, be on the lookout for LCBA YLD events. If you are a new attorney, this is a great way to start your adventure with LCBA. We have quite a few events already planned, and are working on more!

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 Tiffany Pereira Lauren Baugh Creative/Art Director Christi Finger Graphic Designer Lynsey Gill Contributing Writers Lauren Baugh Joey Coleman, Esq. Hon. Devin George Pam Kilmartin Matthew Linde, LL.M., B.C.S. Leigh Ann Meredith Henry Lee Paul, Esq. Hon. Kathy Smith Alan Zagier 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 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©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.

We are looking forward to a great year and cannot wait to get together with each and every one of you. Here’s to 2024!

Lauren Baugh, Executive Director LBaugh@LeeBar.org | 239.334.0047 Ext. 102 8 LEEBAR.ORG

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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.

JANUARY 2024 1 New Year’s Day – LCBA and courts closed 12 RPPTL Virtual CLE Time: 12 to 1 p.m. Location: Microsoft Teams Topic: 2023 Probate, Trust & Guardianship Case Law Update Speaker: Richard Mancini, Esq.

15 Martin Luther King, Jr. Day – LCBA and courts closed 18 ADR Virtual CLE Time: 12 to 1 p.m. Location: Zoom Topic: The Secret Ingredients to a Successful Mediation Speaker: Ellen Silvers, Esq.

19 Annual Swearing-In Luncheon Time: 11:30 a.m. to 1 p.m. Location: The Edison Restaurant Cost: $20 members, $25 non-members Register at LeeBarFoundation.org

FEBRUARY 2024 2 Lee County Mock Trial (Volunteers Needed!)

MARCH 2024 23 Bench Bar-BQ & Shrimp Boil 29 Good Friday – LCBA and courts closed

APRIL 2024 27 Law in the Mall with United Way: Harlem Heights

MAY 2024 3 6th DCA Oral Arguments 25 LCBAF Annual Charity Golf Tournament 27 Memorial Day – LCBA and courts closed

JUNE 2024 7 YLD Burritos with the Bench at the Lee County Justice Center

JULY 2024 4 Independence Day – LCBA and courts closed 5 LCBA and courts closed

AUGUST 2024 1 Baseball with the Bar 2 Junk Food with the Judges at the Lee County Justice Center 16 LCBA Monthly Luncheon at The Edison with Sia Baker-Barnes

SEPTEMBER 2024 2 Labor Day – LCBA and courts closed

OCTOBER 2024 3 Rosh Hashanah – LCBA and courts closed 18 Pro Bono Awards Luncheon at The Edison

NOVEMBER 2024 11 Veterans Day – LCBA and courts closed 28-29 Thanksgiving – LCBA and courts closed

DECEMBER 2024 6 YLD Holiday Fiesta at Millennial Brewing 12 LCBA Annual Holiday Party at The Edison 24-25 Christmas Eve & Christmas – LCBA and courts closed 10 LEEBAR.ORG


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ETHICALLY SPEAKING

By Henry Lee Paul, Esq.

Responding to a

bar complaint It is important that members keep their address up to date on The Florida Bar website, as that is the location to which the initial letter will be sent. In these days of remote practice, a lawyer should still regularly check mail. I have seen many problems since COVID resulting from either failure to check mail or failure to keep the official bar address current.

As we enter the new year, it is my wish that none of my readers receive a bar complaint. Unfortunately, this is wishful thinking. For those who do receive a letter from The Florida Bar in the coming year, I offer some suggestions in this article. Bar complaints, other than inquiries regarding a bank notice of insufficient funds for a trust account check, are received and processed by the Attorney Consumer Assistance Program (ACAP), located at Bar headquarters in Tallahassee. ACAP has approximately six bar counsel who decide whether to close the complaint or to refer it to one of the five branch offices of The Florida Bar, located in Tallahassee, Orlando, Tampa, Fort Lauderdale and Miami. The 20th Circuit is within the jurisdiction of the Tampa Office.

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The initial letter to the respondent instructs that they have 15 days to respond. The 15 days is calculated from the date the letter was sent by U.S. mail. As a matter of course, ACAP will grant a 10-day extension to respond. ACAP counsel will need to approve any additional requests for extension, and will commonly do so if good cause is provided. Any extension must be confirmed in writing and copied to the complainant. Failure to timely respond is in itself a rule violation and may result in discipline.

I cannot stress enough the importance of responding to a bar complaint in a thorough and thoughtful manner. The initial response will follow the case and set the tone of any proceedings in the event the case is not closed at ACAP. I have seen many instances where careless responses have been used to the detriment of the respondent when the case advanced through the disciplinary process. The time and effort spent in adequately responding is far less than will be incurred if the case is referred to the branch. If the case is referred to the grievance committee, members will always initially review the complaint, response and any other correspondence provided to ACAP by the complainant or respondent. In responding to a complaint, a lawyer must be mindful of the limitation on disclosing confidential information found in Rule 4-1.6(f) which limits disclosure to no more information than is reasonably necessary to respond to the complaint of a client. Responding to a complaint by a non-client requires careful consideration of confidentiality and privilege issues. Although the rules only specifically refer to the initial complaint, response and rebuttal, additional correspondence is accepted by ACAP. There is a 25-page limit on submissions, although that limitation is often not enforced against a complainant. Responses may be filed by email and must be copied to the complainant. Whatever the reason for the complaint, I implore lawyers to take it seriously and devote the necessary time and effort in responding.


WELCOME MEMBERS

WELCOME,

NEW MEMBERS

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

TAYLOR CURLEY, ESQ. Rubenstein & Holz, P.A. ZACHARY LOMBARDO, ESQ. Woodward, Pires & Lombardo, P.A.

JANUARY 2024 13


YOUNG LAWYERS DIVISION SPECIAL FEATURE

By Joey Coleman, Esq.

Introducing

Your 2024 YLD PRESIDENT My name is Joey Coleman, and it is my privilege and pleasure to serve as the president of the Lee County Young Lawyer’s Division for 2024. I was born and raised in Naples, Florida. After high school, I attended college at Florida State University (FSU), where I played trumpet in the world’s largest marching band, the Florida State University Marching Chiefs. I earned two degrees from FSU, one in music and one in political science. I am a “Double Nole” because I also graduated from FSU’s law school in 2015. After I passed the Florida bar exam in 2015, I worked for two boutique civil litigation firms located in Southwest Florida for seven years. In 2022, I hung up my own shingle and opened my own firm, Coleman Litigation. I specialize in business torts and disputes, commercial litigation, and copyright and trademark registrations and litigation. During that same year, I also became boardcertified in business litigation. I am a solo practitioner, with three other employees including my wife and business manager, a paralegal, and a legal assistant. We plan on hiring even more employees this year! In my (limited) spare time, I like to contribute back to my community by serving on various legal organizations throughout Southwest Florida. For example, I also serve on the Southwest Florida Chapter of the Federal Court Bar Association, and I serve on the Trial Law Section of the Collier County Bar Association. I also have the privilege and pleasure of serving as chair-elect of the Entertainment, Arts, and Sports Law Section of the Florida Bar, and as one of the Twentieth Judicial Circuit representatives on the Florida Bar Young Lawyer’s Division Board of Governors. 14 LEEBAR.ORG


My beautiful wife and I are also newlyweds, married in April of 2023. We also like to travel. Just last year alone, we traveled to Puerto Rico, the Dominican Republic, St. Thomas, Philadelphia, Charlotte and Boston. I look forward to serving as your president this year. We have an amazing group of individuals who have chosen to dedicate their time and talents to our board, and we look forward to putting on some insightful and amazing programming throughout the year. Look out for details about our Burritos with the Bench program, Junk Food with the Judges program and the annual Holiday Fiesta, just to name a few. If there is anything I, or the Young Lawyers Division can do for you as a young lawyer in Lee County, please do not hesitate to send me an email at jcoleman@colemanlit.com.

Thank you, and here’s to 2024! Joseph Coleman is a Florida Bar Board-Certified Business Litigation Attorney. He currently practices commercial litigation and intellectual property litigation at his firm, Coleman Litigation. Joey specializes in business torts and disputes, commercial litigation, and copyright and trademark registrations and litigation.

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SPECIAL FEATURE

By Teri Hansen, APR, CPRC

Marketing

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Establishing credibility is vital for attorneys across many sections of law – and especially within consumer-facing fields, such as personal injury. Marketing is a crucial component of your firm’s strategy both for building a credible reputation and for growing your firm’s name recognition within a crowded market. The first step is to create a strategic marketing plan. Define clear goals, choosing objectives and strategies that can be measured over time. It is best to devise a integrated strategy that incorporates each type of marketing channel – paid, earned and owned – to maximize the impact of your overall spend. 16 LEEBAR.ORG


Finally, owned media is any content or communication channels that your business creates and holds the rights to use while marketing your organization. This includes your company’s website, blog, social media channels, email newsletters, printed newsletters, corporate brochures or collateral, video content and any vehicle wraps or in-office signage and displays.

Paid media, simply put, is media for which you pay to secure placement. Including both traditional and digital methods, paid media presents a great opportunity to expand your brand awareness, target specific audiences and drive qualified leads to your business. • Direct mail pieces • Print advertising • Radio advertising • Outdoor signage, such as billboards • Television advertising on broadcast and cable • Digital advertising, including display, search, social, retargeting and streaming On the other hand, earned media refers to publicity gained through promotional effort that are not paid or owned. The goals of earned media are to increase awareness, as well as educate and build credibility. This might include story pitching to journalists for print, digital television or radio coverage, editorial submissions, news releases and award entries.

No matter what mix of marketing channels you use, efforts need to be engaging in order to cut through the noise. To offer value to your audience, employ a variety of educational content, client testimonials, video content, a professional website, active social media presence and more. Make sure that all communications are consistent and on brand. Additionally, your website should feature a responsive design that prioritizes a visitor’s experience. Provide accurate, easy-to-find information to support search engine optimization (SEO) for your business. It is also important to maintain an active social media presence. And, don’t forget to activate the power of networking – both online and in person! Tracking the results of your efforts allows for an assessment of your return on investment (ROI). Great measures of success include statistically significant increases in website traffic, booked appointments, social media engagement, phone calls, form submissions, referrals and more. Firms may choose to hire a dedicated marketing professional or team to support them. Priority Marketing partners with the Lee County Bar Association (LCBA) to produce its monthly magazine, Res Gestae and serves many other businesses and organizations by providing exceptional marketing strategies.

Understanding Advertising Rules & Regulations Wondering how to navigate legal and ethical considerations? The American Bar Association (ABA) provides many rules that govern advertising. Here are just a few of the key rules: • Rule 7.1: Prohibits false or misleading claims • Rule 7.2: Allows advertising but restricts certain solicitation practices • Rule 7.3: Protects potential clients from intrusive solicitation • Rule 7.4: Permits communication about fields of practice transparently • Rule 7.5: Requires accurate firm representations

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ll ads must be filed A 20 days in advance for review, unless exempt. No filing is required for websites or social media pages.

JANUARY 2024 17


GUEST COLUMN

By Matthew A. Linde, LL.M., B.C.S.

Start Your Journey to Ultimate HEALTH Today

Matthew A. Linde, LL.M., B.C.S., is the director of Linde Law Group with offices in Naples and Fort Myers, Florida. A Florida Bar Board Certified elder law attorney, he specializes in elder law and wills, trusts and estates.

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Southwest Florida is a great place to practice law. We live in a growing community and an expanding legal market. However, success means little if you don’t have the physical and psychological health to enjoy it. Esteemed colleagues, according to the 2019 bestselling book, How Not to Diet by Michael Greger, we have a problem. “Over the last century, obesity appears to have jumped tenfold, from as few as one in thirty people,

to now one in three…” The problem keeps getting worse, and now over 73% of all Americans are obese or overweight. Excess body weight makes one more susceptible to arthritis, hypertension, back problems, cancer, diabetes, encephalopathy, fertility problems, gallstones and gastroesophageal reflux disease, heart disease, non-alcoholic fatty liver disease, chronic kidney disease and many other degenerative diseases.


According to Greger, most deaths in the United States are preventable and related to what we eat. Diet is the numberone cause of premature death and the number-one cause of disability. The standard American diet is full of calorie-rich and processed foods (or CRAP, for short). There is a nearly two trillion-dollar food industry in the U.S., and the primary goal of these large, multinational companies is to grow their business and make money for their shareholders. There is little profit in selling beans, but ultra-processed, fatty, sugary and salty concoctions of artificially flavored and artificially colored foods are the most profitable. There are many sources of information that discuss the problems with the standard American diet. Forks over Knives is an excellent movie, and there are excellent books from credentialed experts like John McDougall; Garth Davis; Caldwell Esselstyn, Jr.; Joel Fuhrman; Pamela Popper; T. Colin Campbell and my favorite, Michael Greger. The general theme is you can make science-based choices today and every day that directly impact your own health. However, “Big Food” is spending hundreds of millions of dollars to confuse the truth, so it can sell you CRAP. Eating lots of CRAP leads to degenerative diseases and visits to medical doctors that have almost no nutrition education, but will prescribe drugs of varying levels of toxicity to treat the symptoms.

What makes Dr. Greger’s website and his written material unique is that he does not accept money from sources that normally influence information distributed on the standard American diet. His website analyzes and summarizes ongoing research on the human diet and health. Because he is not beholden to any funding source, his analysis is based on science – instead of the “correct” conclusions, arrived upon to ensure continued funding. Thus, his reports are refreshing and accurate. Dr. Greger’s books How Not to Die and How Not to Diet are the best books on ultimate health I have ever read. Dr. Greger has written a new book called How Not to Age. This book has thousands of footnotes and is available December 5, 2023. Proceeds from all his books go to charity, and Dr. Greger is speaking in Naples on January 6, 2024. He is also speaking on January 7 in Fort Myers. If you cannot attend these events, you have other options. Dr. Gregor’s website is free and gives you a lot of scientific evidence on healthy living. With this information, you can take back your health.

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It's a Beautiful Day Don’t Let It Get Away NEW PRESIDENT SMITH TO FOCUS ON ATTORNEY WELLNESS By Alan Zagier

After 34 years with the 20th Judicial Circuit’s Public Defender’s Office — nearly half in charge of the office with more than 140 staff members, including 80 attorneys, covering five Southwest Florida counties — there’s not much Kathy Smith hasn’t seen when it comes to representing those in need. Poverty may be the common denominator for those indigent clients, but a career in the legal trenches has shown Kathy that many of those accused of criminal wrongdoing are also grappling with mental illness, substance abuse, domestic violence, post-traumatic stress disorder, lack of housing and other health issues. “There’s a phrase I say to my young lawyers: Sometimes the criminal charges that clients are facing are the least of their problems,” said Kathy, who this month assumes the role of Lee County Bar Association president. “If we can get to the root of our clients' problems, hopefully, we're not going to see that person engage with the criminal justice system again.” First elected in 2008 (with four subsequent re-election wins, each unopposed), Kathy 20 LEEBAR.ORG

credits the creation of three holistic, Lee County treatment courts — specialized courts that focus on treatment and recovery, not punishment, in certain cases involving drugs, mental health and veterans’ issues — for reducing public defender caseloads and offender recidivism. Kathy estimates that she has represented clients in over 10,000 Baker Act hearings in her career. This prolonged view of an institutionally flawed justice system for her most vulnerable clients drove her passion for zealous advocacy on behalf of those living with mental illness. “Seeing how mentally ill people are marginalized in the justice system overall felt really wrong,” she said. “This is a group of people who traditionally can’t speak for themselves. So, they needed our voices to speak for them in order to preserve their rights." Her focus on mental health isn’t confined to clients. The incoming LCBA president plans to prioritize attorney wellness over the next 12 months, with a theme of “It’s A Beautiful Day – Don’t Let it Get Away,” a nod to anthemic song “Beautiful Day” by Irish rock band U2. "It has become more and more difficult to support the mental health and well-being of our lawyers,"



ABOUT HON. KATHY SMITH ADMITTED TO THE FLORIDA BAR: 1990 Education University of Florida, Bachelor of Arts in Liberal Arts & Sciences Florida Gulf Coast University, Master of Public Administration University of Florida, Fredric G. Levin College of Law, Juris Doctor, 1989 Credentials Advocate of the Year – Lee Mental Health Florida Senator’s Proclamation Florida Supreme Court’s Substance Abuse & Mental Health Task Force Florida Supreme Court’s Steering Committee Fort Myers Republican Women’s Club – Past President 2021 Woman of Distinction – Ladies Leaning Right Prudential Davis Productivity Award Recipient Past LCBA Service Member at Large Secretary Treasurer President-Elect

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she said, noting how the built-in job pressures have been exacerbated by the social isolation of the pandemic and then Hurricane Ian’s arrival. LCBA is a really great resource for support. I wish I had been more active when I was a young lawyer," she added. GETTING STARTED A native of Youngstown, Ohio, Kathy moved to Southwest Florida as a teenager when her father, a land developer, relocated the family south. The Cypress Lake High School graduate, a history buff, then earned both her undergraduate and law degrees from the University of Florida — a self-described “double Gator”— before joining her current office as an assistant public defender in 1990. It’s a well-worn path for many a young lawyer, and in Kathy’s case, one suggested by a pair of legal mentors for whom she clerked over summer breaks while in law school —Wilbur Smith and the late Steven Carta. Six months in, Kathy was hooked. The two-year public defender starter plan would morph into a career-long commitment to public service, with her presumed focus on land-use law falling by the wayside. “Our justice system has to work for everybody, whether you have the means to hire an attorney or whether you don’t,” she said. “In America, you should have the same access to courts and the same opportunity for justice. Your outcome shouldn't be dictated by your income. The Public Defender's office is the living and breathing embodiment of that.” Kathy’s unflagging commitment and zealous dedication to her work has long drawn the attention of colleagues, other advocates, political leaders and more, earning three successive Prudential Davis Productivity Awards recognizing major government improvement initiatives. She’s a past recipient of Lee Mental Health’s Advocate of the Year Award and was honored with a Florida Senator's proclamation for her advocacy on behalf of clients living with mental illness. Kathy served on the Florida Supreme Court’s Substance Abuse and Mental Health Task Force, as well as their steering Committee on Problem Solving Courts. Additionally, she was an adjunct professor at Florida Gulf Coast

University, also earning an FGCU master’s degree in public administration. In the community, she has served on the board of directors of the PACE Center for Girls, Lee; Southwest Florida Addiction Services; Lee Mental Health, Inc.; the Institute for Youth and Justice Studies; and the Lee County Homeless Coalition. Outside of work, Kathy is an avid reader, owner of a new electric bicycle, a season-ticket holder to Boston Red Sox spring training games at JetBlue Park, and a frequent traveler with her husband, Mark, who is a flower breeder. He even named a chrysanthemum after her! SUPPORT FOR YOUNG LAWYERS Presiding over an office where many young lawyers get their start — and then typically move on to private practice after a couple of years — Kathy also wants to focus her LCBA presidential term on providing more support for early-career attorneys, from mentorship and training to counseling and support. “When I started as an assistant public defender, it was basically, ‘Here’s your cases – good luck,’” she said. “It was a sink or swim mentality. This is not good for the attorneys nor the clients. We know better now, so we must do better now.” The preponderance of young lawyers in her office led to Kathy’s greater LCBA involvement, beginning with her selection as a member-at-large seven years ago. “The LCBA is such a great resource for young lawyers,” she said. “The Bar seemed like a natural place to turn for help.” Whether as assistant public defenders, assistant state attorneys, law clerks or in private practice, those young lawyers can now count on her advocacy and support as they navigate professional and personal hurdles — no small challenge in a profession marked by high rates of alcohol and drug abuse, depression and suicidal ideation. As the next wave of young lawyers prepares to enter the job market this spring, rest assured that Kathy has no plans to leave the place she’s called home for the entirety of her three-decade-plus legal career. “I think it’s pretty clear that I am a Public Defender for life," she said.


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SPECIAL EVENT RECAP

Holiday Fiesta

A Fi-estive

Holiday Party LCBA’s Young Leaders Division (YLD) spread the cheer during its annual YLD Holiday Fiesta. From ugly Christmas sweaters to superhero-inspired costumes, attendees got into the holiday spirit with treats, beer and gift card raffles to support a great cause. As admission, guests brought and donated toys to benefit Heroes Unmasked. This nonprofit, 501(c)(3) organization partners nationally with companies to help provide emotional support and bright moments to children being treated for serious illness.

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1. The Hulk, Superman, Hon. Devin George, and Iron Man ​2. Shatree'Tia Cordell and Spencer Cordell 3. Audri , Spencer Cordell, Victoria and Nathaniel 4. The Hulk, Lauren Baugh, Iron Man and Superman 5. Anthony Melchiorre 6. Casey Gartland and Spencer Cordell with The Hulk and Iron Man 7. The Hulk, Superman, Lauren Baugh, and Iron Man

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SPECIAL EVENT RECAP

Holiday Party

Holiday

HOOPLAH Members of the Bar and the Bench celebrated the festive season together during LCBA’s annual holiday party, hosted on the second floor of The Edison Restaurant in Fort Myers. The event included dance music from the spirited DJ, an open bar and catered spread of hors d’oeuvres. During the program, Executive Director Lauren Baugh thanked 2023 Bar President Spencer Cordell for his year of service. The LCBA also recognized sponsors, members of the judiciary and board members in attendance.

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11 1. G reg Blurton, Zachary Liebritreu, John Webb, Lauren Baugh 2. Hon. Linda Adams, Hon. James Adams, Hon. Kimberly Bocelli 3. Eunice Linot, ​Susan Larned, Danielle Clark 4. Vera Bergermann, Hon. James Adams, Hon. Linda Adams, Tom Chase 5. Elise Rose and Sarah Nadal with Danielle and Alex Menendez 6. Brad George, Hon. Devin George, Spencer Cordell, Shatree'Tia Cordell, Hon. Tara Paluck 7. Brian Riley, Courtney Dorsey, John Mills 8. Spencer Cordell with this family 9. Hon. Devin George and Spencer Cordell 10. Anna Kegelmeyer, Michael Anthony Pica, Justin Thomas and Leigh Ann Meredith

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11. Hon. Kyle Cohen, Michael Raheb and Hon. Kimberly Bocelli 12. Heidi Garvin, Leland Garvin, John Webb, Doug Szabo

JANUARY 2024 27


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COMMUNITY CONNECTION

Healing • Opportunity • Purpose • Empowerment

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Research shows that 1 in 5 adults will experience mental illness in their lifetime. There are simply not enough resources today for everyone with a mental illness who needs help – a crisis situation that continues to grow. 1 in 25 adults will experience a serious mental illness, such as bipolar disorder, schizophrenia and major depression. Hope Clubhouse is a local, community-based solution to a global problem, offering support for adults living with a mental illness. Through its connections, Hope Clubhouse makes a real and lasting difference in people’s lives by helping them achieve their goals. This includes providing opportunities for paid employment, access to education, housing, socialization and wellness. A 501(c)(3) nonprofit organization, Hope Clubhouse is committed to excellence and the evidence-based Clubhouse model. This evidence based approach has been proven to help people with mental illness recover, become employed and lead satisfying, meaningful lives.

Members have the opportunity for transitional employment with organizations where there is an employment partnership already established. These individuals may otherwise have difficulties establishing short or long term employment in the community. In addition, Clubhouse members have the opportunity to be employed by HOPE to GO, the catering arm of Hope Clubhouse. This program employs individuals who might not otherwise find employment in the community. HOPE to GO has catered a number of Clubhouse events for special occasions and promotions for Hope Clubhouse in a community setting. Ultimately, Hope Clubhouse’s philosophy focuses on strengths and abilities, not on illness. Just as a community benefits from being interconnected, the Clubhouse provides a “whole-life” approach that engages individual members in many different aspects of daily living, including unique programming. Through friendship, shared work, education and employment, Hope Clubhouse gives people a sense of hope for a happy, productive life.

To learn more about Hope Clubhouse and how you can get involved, visit HopeClubhouse.org.

JANUARY 2024 31


LEGAL LENS

RPPTL Event

A RPPTL HOLIDAY Celebration

On Thursday, November 30, LCBA members of the real property probate and trust law (RPPTL) practice section gathered at Northern Trust in Fort Myers for a holiday celebration. Guests mixed and mingled, celebrating the holiday season together while enjoying light hors d’oeuvres.

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1. Robin Merriman III, John Webb, Peter Knize, Blake Hampton 2. Guests enjoying the event 3. Peter Knize, John Webb, Spencer Cordell, Blake Hampton 4. Lowell Schoenfeld and Hon. Kimberly Bocelli 5. Christina Mehta and Noelle Melanson 6. Guests enjoying the event


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JANUARY 2024 35


THE DISH

By Lauren Baugh

The MALL IS BACK in style Gone are the days of going to the mall and seeing teens hanging out, or so I thought… The Edison Mall has been around a long time, since 1965, in fact! Since I moved to Fort Myers in 1985, it was the place to go get anything you needed, outside of convenience stores and grocery stores. I have many fond memories of the Edison Mall. During Halloween when I was very young, my mother would take my sister and me with some friends to the mall to trick or treat. That was also such a great memory, as many kiddos from all over Lee County would come and each shop would pass out candy. While that is still a thing, or at least a version of it, it is not as common now as it was back then! Fort Myers real estate developer George Sanders, who built the mall, had this idea when he learned that Sears and JCPenney were seeking locations outside of Downtown

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

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Fort Myers, as they wanted to expand. George Sanders was not a native to Fort Myers, or even Florida, but he and his family are considered one of our pioneer families. The Edison Mall has seen all kinds of changes in my lifetime. Like most things in our area, as the population increases, expansion happens. The Edison Mall is no stranger to that, what with changing of ownership, new leasing companies coming and going as well as shops coming and going. As a teenager, it was nothing out of the ordinary for me to get dropped off with friend at the mall on a Saturday or Sunday, and stay there for hours on end – not necessarily to shop, but to hang out, look around, see and be seen. While that has fallen off of most kids’ radars, with technology being today’s primary source of entertainment, I have noticed the Edison Mall is taking notice of what kids and teens are into these days and trying to make a comeback.


HOURS OF OPERATION Monday – Thursday 11 a.m. to 7 p.m.

Admittedly, I do not often go to the mall or many stores in person now, as life is busy and online shopping is very easy. But during the holidays, I make trips to see the décor, shop for specialty items and just walk around with my near teenager. This past holiday season, I noticed that things were changing. In the mall, they are clearly trying to create hang out spaces for teens again. There are various anime-themed shops, vending machines, smaller cafes, modern art works, the bookstore, and more benches throughout. It made me excited, because although I am not going to be frequenting the mall each Saturday, as I once did, I see that I can bring my daughter and her friends. There are many spaces for them to hang out. It seems that the Washington Prime Group is doing research on how to revamp the mall and bring back those beloved social scene aspects, which will, in turn, bring more shoppers!

I personally would love to see more money put into this central space, including what was Sears, to be filled so each space has a retailer along with more choices for shopping or entertainment. The mall has always been a place that provided entertainment on many levels, but perhaps a movie theatre, or a large arcade, would also increase its population. While I will admit it may be so much easier to shop online, there is just something really fun about walking around, going into multiple shops and leaving with items in hand – and not having to wait for your delivery to show up. Take a drive to the Edison Mall and walk around to see what is new and still there. It is nostalgic for sure, but also, there are many small businesses with unique treasures, just waiting for you to find them!

Friday & Saturday 10 a.m. to 8 p.m. Sunday 12 p.m. to 6 p.m. 4125 Cleveland Avenue Fort Myers, FL 33901 (239) 939-1933 Learn more at shopedisonmall.com

WANT TO SEE YOUR RESTAURANT FEATURED HERE? Contact RGSales@ prioritymarketing.com. JANUARY 2024 37


100 CLUB

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.

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

Osterhout & McKinney, P.A.

All Injuries Law

GrayRobinson, P.A.

Patrone, Kemp & Bentley, P.A.

Aloia, Roland, Lubell & Morgan, PLLC.

Green, Schoenfeld & Kyle, LLP

Pavese Law Firm

Arend & Sisk, P.A.

Hahn, Loeser & Parks, LLP

Roetzel & Andress, L.P.A.

Associates & Bruce L. Scheiner, P.A.

John Webb Legal Group, P.L.

Rubinstein & Holz

Banker, Lopez & Gassler

Kagan Law Firm

Scarmozzino / King Trial Lawyers

Boy Agnew Potanovic Miller, PLLC.

Knott Ebelini Hart

Sheldon E. Finman, P.A.

Boyle & Leonard & Anderson, P.A.

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

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

Burandt, Adamski, Feichthaler & Sanchez, PLLC.

Law Offices of Michael M. Raheb, Criminal Lawyer

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

Law Offices of Scott T. Moorey

Viles & Beckman, LLC

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

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

Lee County Legal Aid Society, Inc. Light Path Law, P.A. Linde Law Group Men’s Rights Law Firm

Wilbur Smith, LLC Yeslow, Koeppel & Anderson ZinnLaw, PLLC.

Lawyer for Life Barbara M. Pizzolato, Esq.  Over 30 years experience  Licensed to practice in New York, New Jersey, Connecticut, and Florida  Committed to establishing long-lasting relationships with her clients  Offers personalized, customized legal services that clients expect and deserve

(239) 225-7911

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Scott T. Moorey

MEMBER SPOTLIGHT

THINGS YOU DON'T KNOW ABOUT ME

u Pam Kilmartin

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

1. Born and raised in Maryland, I root for the Baltimore Ravens football team. I’ve been a season ticket holder since the team came to Baltimore, rooting for them and keeping that hometown connection. 2. Living in Florida, you don’t have to shovel sunshine! Cape Coral is my home now, and I love the weather. I can put the top down on my metallic green, lifted Jeep Rubicon year-round to enjoy the sunshine here in SWFL. 3. Living in Florida enables me to spend time with friends boating all over the state and finding new places to hunt for seashells. I’ve even tried eating lionfish, an invasive species in the state of Florida, which can be compared to hogfish in taste and appearance! 4. As someone who works in sales, the people that I meet and the relationships that I have created all over the country, in various fields and positions, have proven to be my greatest accomplishment. I feel very fortunate to meet new folks and learn from them! 5. I once had the pleasure of enjoying an actual meal prepared by celebrity chef Robert Irvine, who also gave me an autographed cookbook. He was delightful, even though on his series, Restaurant Impossible, he seemed to be hard on his clients. JANUARY 2024 39


IN THE NEWS STATE SALUTE Litigation attorney Michael Corso was honored at the virtual 3rd Annual Florida Patriot event held on Monday, November 27. Bar associations from across the state recognized outstanding members of the Florida legal community who have served or are currently serving in the military and contribute significantly to bar associations, circuits and their communities.

“PAW-SENTING” SPONSOR LEGAL LANDING Pavese Law Firm recently welcomed associate attorney Kelsey Weisenberger to its legal team, following her employment as a summer associate in June 2022. A graduate of Ave Maria School of Law in Naples, her main practice areas include: land use, zoning, local government, real estate, and agricultural and environmental law.

Goldstein, Buckley, Cechman, Rice & Purtz was the title sponsor of the Gulf Coast Humane Society’s Bark in the Park event on Saturday, December 9 at Buckingham Community Park. The event featured a one-mile walk, vendors and activities. All proceeds benefited the Gulf Coast Humane Society.

JUDICIAL SPOTLIGHT

THINGS YOU DON'T KNOW ABOUT ME

u The Hon. Devin George 1. Over the years, I have learned that there is no such thing as a work-life balance. It’s a work-life “teeter totter.” Just try not to hit the ground too hard, and forgive yourself if you’re not 100%. No one else notices except you. 2. The greatest accomplishment of my career, to date, is becoming a Lee County Judge at the age of 36. 3. My favorite holiday is Christmas, and my favorite family tradition is our annual Christmas Eve seafood boil. It’s easy and we all gather, eat, drink, laugh and have very little clean-up for the next day’s chaos. 4. I hate car payments, so I will drive my 2017 Ford Flex until it dies. My garage holds a 1987 Mustang hatchback 5.0 and a 1965 Shelby Cobra (replica) that are never driven. Go figure! 5. If I could share a meal with any famous historic figure, I would pick Cleopatra. There are not very many historic, powerful women from back then!

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THANK YOU TO OUR LCBA SPONSORS PLATINUM

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SPONSOR SPOTLIGHT

INTRODUCING

BOYLE, LEONARD & ANDERSON, P.A. Boyle, Leonard & Anderson, P.A. represents individual and business policyholders in all aspects and types of insurance recovery in Florida, South Carolina, and many other jurisdictions across the United States, the Caribbean, and Canada. The firm has grown beyond its foundation in Fort Myers, with offices in Tampa, Jacksonville, and Charleston, South Carolina. Bringing the highest standards of professional integrity, Boyle, Leonard & Anderson, P.A., routinely provides legal advice and advocacy in a variety of complex insurance-related matters, along with effective representation and insurance recovery across a variety of fields. Because insurance touches virtually every aspect of the law, Boyle, Leonard & Anderson, P.A., frequently serves as an insurance coverage co-counsel with other law firms and to assist their clients with all aspects of insurance recovery. The firm also maintains a strong team of appellate advocates with extensive experience in both the state and federal systems. The firm’s appellate team has handled appeals involving insurance, commercial, construction, criminal law, family law, and tort issues.

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Contact Information (239) 337-1303 9111 W. College Pointe Drive | Fort Myers, FL 33919 www.insurance-counsel.com 42 LEEBAR.ORG


What is 178 Years of Legal Experience Divided by One Firm’s 20th Anniversary? A successful, persevering, fighting, strong, still growing, beautiful, happy law firm.

Please come and help us celebrate!

January 18, 2024 | 6:00 pm Aloia Roland 2222 Second Street, Ft. Myers, FL 33901

We will have live music and various food trucks for your enjoyment. Please RSVP by January 12 to rsvp@lawdefined.com

Offices:

2222 Second Street, Ft. Myers, FL 33901 1222 47th Street, Cape Coral, FL 33904 Telephone: 239.791.7950 Website: LawDefined.com


P.O. Box 1387 Fort Myers, FL 33902-1387

PRSRT STD U.S. POSTAGE PAID FT. MYERS, FL PERMIT NO. 147

(239) 334-0047 Fax (239) 334-0523 LEEBAR.ORG

“OurTop Priority is to provide Safe, Sound banking services.” In the current banking climate, 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 continues to earn the highest 5-Star Superior rating by BauerFinancial - the source for unbiased, independent analysis for financial institutions 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.

Cleveland Avenue Office

River District Office

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Geoff Roepstorff, CEO and Robbie Roepstorff, President

To learn more about our customer services and convenient locations, please visit EdisonNationalBank.com or call 239.466.1800. Equal Housing Lender | Member FDIC | Bank of the Islands is an office of Edison National Bank.


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