Res Gestae - Oct. 2023

Page 1

WHY WE SERVE

The Value of Pro Bono Work

WITH LIBERTY & JUSTICE FOR ALL Reflections on Gideon v. Wainwright

BUILDING HOMES

Changes Lives

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION
OCTOBER 2023
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4 LEEBAR.ORG Aloia, Roland, Lubell & Morgan, PLLC 39 Boy, Agnew, Potanovic, Miller 11 Brazzeal Mediation 11 Business Observer 23 Calvo & Calvo Attorneys at Law 32 Christina Mehta, LLC Realtor 32 Dal Lago Law 34 DeMine Immigration Law Firm 19 Donna (Tisch) Lugar 17 Edison National Bank 40 First Presbyterian Church, EPC 19 Henderson, Franklin, Starnes & Holt, P.A. 14 Law Firm of Scott T. Moorey 35 Law Offices of Dennis L. Webb 13 Leonard P. Reina 19 McHale, P.A. 13 Men's Rights Law Firm 7 Musca Law Office, Inc. 3 Pavese Law 5 Perado Technologies 9 Priority Marketing 7 Roetzel & Andress 5 Roetzel & Andress 14 Ruth Ladas 13 Senior Advocacy Group 9 Spivey Law Firm Personal Injury 2 Stockman Mediation 35 The North Law Firm, P.A. 16 AD DIRECTORY 6 LETTER FROM PRESIDENT Against Abrasiveness Spencer Cordell, Esq. 8 LETTER FROM EXECUTIVE DIRECTOR Heading Into Halloween Lauren Baugh 10 SPECIAL EVENTS CALENDAR 12 ETHICALLY SPEAKING Code for Resolving Professionalism Referrals Henry Lee Paul, Esq. 18 GUEST COLUMN With Liberty and Justice for All Honorable Kathy Smith 23 WELCOME, NEW MEMBERS 27 LEGAL LENS Pro Bono Awards & Accolades 28 COMMUNITY CONNECTION Building & Connecting Community Habitat for Humanity 30 THE DISH Comfort Food From The Café Restaurant Lauren Baugh 33 THANK YOU, SPONSORS 34 100 CLUB 35 MEMBER SPOTLIGHT 5 Things You Don't Know About Me Shaina Zuppke, Esq. 36 IN THE NEWS 38 SPONSOR SPOTLIGHT Sanibel Captiva Community Bank OCTOBER 2023 Show Off Your (Pro Bono) Moves ON THE COVER 20

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Against Abrasiveness

Our country might be more divided and more polarized than any time in our lifetimes. Everything is politicized, while people are less likely to empathize with opposing viewpoints and more likely to jump down each other’s throats.

We have to hope that this interpersonal animosity doesn’t overtake the practice of law, at least, not in our little corner of Southwest Florida. I generally focus my practice here, but I frequently hear horror stories from those who work in other counties.

Just the other day, a colleague was extremely under the weather. He reached out to opposing counsel to ask to agree to a short continuance. The other attorney, who is not from here, accused him of lying and tried to stall the case, which had already been going on for three years. So, he had to go to the hearing. Fortunately, it was on Zoom, so he didn’t have to put other people at risk to attend. And fortunately, the judge recognized that he was unwell; the attorney was so sick that it became apparent over the video feed and they cut the hearing short. Here’s to perceptive judges, but let’s all agree not to be the attorney who automatically assumes opposing counsel is lying. You don’t look good in front of the judge when you are unreasonable.

Sadly, I think this may be indicative of the societal trend of abrasiveness. I hope LCBA and the Florida Bar can be a factor in reducing the impacts of this in the practice of law. Active participation in the bar association can lead to stronger relationships with fellow lawyers in the community, and exposure to more senior attorneys who can be role models. After dealing with an opposing counsel who reacts or overreacts rudely and unprofessionally, nobody then says they want to model that behavior. But without the backstop of seeing seasoned, professional attorneys in action, there’s a real risk that those bad behaviors can rub off and permeate the profession. The type of behavior I described earlier tends to come most often from out-of-town attorneys. We should call out those attorneys when they act inappropriately. And, most importantly, we should check ourselves to make sure that we do not offend.

I recommend that everyone attend Bar events and get involved –and especially in their practice sections, both with the LCBA and the “big Bar.” Several sections are ramping up activities, so now is a great time to get involved. If you don’t know your practice section, they are conveniently listed here in Res Gestae on page 6. Get in touch with them, or let Lauren or me know about your interest. I hope to see you at the next event!

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

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

TBA

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

Shaina Zuppke, Esq.

Paralegal

TBA

Pro Bono

Andrew Banyai, Esq.

Peter Dennis, Esq.

Immigration law

Pablo Hurtado

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

Diana Castrillon, Esq.

Diana “Dawn” Maselli, Esq.

6 LEEBAR.ORG PRESIDENT'S LETTER
Spencer Cordell, Esq. spencercordell@hotmail.com 239.333.4686
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Heading Into Halloween

Spooky, scary skeletons and black cats…that is what my house looks like! My household loves Halloween. I am a candy addict, so this is partly why I love it!

I know I say it almost monthly, but time is flying by faster than I like. In August, I turned 40 and decided that I needed to be more present. Often I have to remind myself to stop and be mindful of the right now, and not the soon to come.

In September, our LCBA Health and Wellness Committee hosted a Mindfulness Matters event at the Fort Myers YMCA. It taught attendees a few tips to relax at our desk and I have been practicing those! I am happy to report that I am indeed less stressed at work, and thus more present when it counts!

Speaking of fun events, as you can guess, we are getting really excited about our Annual Bench Bar Gala. This year, it is themed, “Golden Gala.” If you have not already, get your tickets and book your room at The Westin. We have some stellar LCBA VIP rates! LCBA is also still seeking sponsors to make sure this Golden Gala sparkles. If you or someone you know are interested in sponsoring, please call or email me and I will get you all set up!

As you may or may not know, the Honorable Kathy Smith will be our 2024 LCBA President. We have met a few times already to start planning the 2024 LCBA year, and we are open to suggestions on speakers, topics, event ideas, etc. Please reach out to me and let me know what you want to see during her year.

Now, let’s get back to October! This is the month that we recognize those amazing lawyers who take the time to represent those in the community who need it most, but cannot afford it. On October 20, we will gather at The Edison with our pro bono partners, Florida Rural Legal Services and Lee County Legal Aid Society, to honor those very special lawyers. Come on out to help congratulate them on taking on these pro bono cases!

If you are interested in becoming more active in the pro bono sector, please contact Pro Bono Committee Chairs Andrew Banyai, Esq., and Mr. Peter Dennis, Esq. They can get you signed up for the various opportunities available. And as a reminder, each year LCBA hosts our very own Pro Bono Legal Clinic – also known as Law In The Mall. We would love to have YOU on our roster of volunteer attorneys for the day.

Cheers to cooler weather, pumpkin spiced lattes and the excitement of things to come!

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 Periera

Lauren Baugh

Creative/Art Director

Christi Finger

Graphic Designer

Lynsey Gill

Contributing Writers

Andrew Banyai, Esq.

Spencer Cordell, Esq.

Peter Dennis, Esq.

Noelani Fender

Henry Lee Paul, Esq.

Judge Gilberto Perez

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. 12140

8 LEEBAR.ORG EXECUTIVE DIRECTOR'S LETTER
Lauren
LBaugh@LeeBar.org
Ext. 102
Baugh, Executive Director
| 239.334.0047
prioritymarketing.com | info@prioritymarketing.com
Carissa Commerce Ct., Ste. 201 | Fort Myers, FL 33966 239.267.2638 |

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SPECIAL EVENTS CALENDAR SAVE THE DATE

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.

OCTOBER 2023

12 LCBA ADR Virtual CLE

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

Location: Zoom

Speaker: Teri Hansen, APR

Topic: Marketing for Mediators

Cost: FREE

13 LCBA Immigration Law Section Lunch Meet and Greet

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

Location: Monarcas Authentic Mexican Restaurant - Fort Myers

Cost: Pay Your Own Way

13 LCBA RPPTL Virtual Brown Bag and CLE

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

Location: Microsoft Teams

Speaker: Kenny Kemp, Esq.

Topic: TBA

Cost: FREE

16 LCBA Tort Litigation Dinner and CLE

Time: 5:30 p.m.

Location: KJ’s Steakhouse

Sponsor: Associates & Bruce L. Scheiner

Cost: FREE with Registration

20 LCBA Pro Bono Awards and Luncheon

Time: 11:30 a.m. to 1 p.m.

Location: The Edison

Sponsor: Casey Gartland of Pendas Law, Florida Rural

Legal Services and Lee County Legal Aid Society

Cost: $15 LCBA members, $25 NON LCBA member

NOVEMBER 2023

10 Veterans Day - LCBA and courts closed

11 Bench Bar Gala at The Westin

23-24 LCBA and courts closed

DECEMBER 2023

1 YLD Holiday Fiesta

7 LCBA Annual Holiday Party

22 LCBA and courts closed

25 LCBA and courts closed

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Professionalism Referrals Code for Resolving

new code affirmed the commitment to fostering professionalism through the process of informal mentoring with the use of LPPs.

There are numerous procedural revisions in the new Code. Perhaps the most substantial change is the designation of all documents, records and proceedings before LPPs as confidential. The issue of confidentiality has been of great concern to the effectiveness of the intended informal mentoring process of the LPPs. There have been instances of participants attempting to misuse what was intended to be an informal process. Some participants have made public use of information intended to be used only for informal mentoring.

The Code for Resolving Professionalism Complaints was adopted by the Florida Supreme Court in 2013.

The Code established the Local Professionalism Panels (LPPs) in each circuit that were intended to foster professionalism with an informal mentoring process. They operate without involvement of The Florida Bar. The Court recognized the Standards of Professionalism, which it identified as the Oath of Admission, the Creed of Professionalism, the Professionalism Expectations, The Rules Regulating The Florida Bar and the decisions of the Supreme Court.

In May 2021, The Florida Bar created the Special Committee for the Review of Professionalism. The Committee was tasked with considering “the state of professionalism among Florida lawyers and to develop recommendations…on: the teaching of professionalism throughout a lawyer’s career; the content of Florida’s professionalism standards; and the enforcement of those standards.” The focus of this article is the recommendations regarding the LPPs which already exist in each circuit.

The Committee issued their report in May 2022 and the Court recently adopted the recommendations in SC23-0884. The Court replaced the 2013 Code for Resolving Professionalism Complaints with the Code for Resolving Professionalism Referrals. Although the former code was replaced, the

This application of confidentiality is a change long sought by LPPs around the state and should greatly encourage the utilization of LPPs. Potential complainants should be encouraged to invoke the LPP process without concern of public disclosure or misuse of materials intended not for sanction but for education. The LPPs provide an excellent opportunity to educate and mentor a lawyer who has engaged in unprofessional conduct.

The Court described the panels as an “informal peer-to-peer mentoring process for addressing instances of unprofessional conduct separate and apart from instances of misconduct that require the formal grievance process.” The Court further expressed the belief that LPPs “can materially improve professionalism among Florida lawyers.” The Court sought to emphasize the that LPP process was distinct from The Florida Bar’s disciplinary process. Accordingly, it removed the decisional case law as a standard of professionalism and replaced the term “complaints” in the title with “referrals.”

The Court also reminded lawyers that more serious unprofessional conduct will be subject to discipline. Over the course of the last ten years, the Court has repeatedly meted out serious discipline to lawyers engaged in unprofessional conduct. Whether by the informal process of the LPPs or by discipline, the Supreme Court intends to elevate professionalism in the practice.

12 LEEBAR.ORG ETHICALLY SPEAKING
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WITH LIBERTY AND JUSTICE FOR ALL

Prior to 1963, these were just words we recited when pledging allegiance to our flag at civic and community events. It was an unlikely champion named Clarence Gideon who breathed life into these words when he asked for a court-appointed attorney to represent him after the State of Florida brought charges against him for breaking into a pool hall. When the trial court denied his request and forced him to represent himself, not surprisingly, Gideon was convicted and sentenced to the maximum sentence of five years in prison.

While in prison, Gideon unsuccessfully petitioned the Florida Supreme Court to grant him a new trial on the grounds that the trial judge had violated his right to counsel pursuant to the 6th and 14th amendments to the United States Constitution. Rather than giving up after they rejected his argument, Gideon elected to file a handwritten writ of certiorari in the United States Supreme Court.

Fortuitously, the highest court in the land agreed to hear Gideon’s case. On March 18th, 1963, Justice Hugo Black announced the Court’s opinion when he famously penned the words, “Lawyers in criminal cases are necessities, not luxuries.”

He went on to reason that the noble idea wherein all should stand equal before the law could never

be realized if poor men accused of crimes had to stand alone when facing their accusers. Gideon was retried and, with the assistance of court appointed counsel, he was exonerated in under an hour.

Public Defenders truly are the guardians of the presumption of innocence and in fact, the integrity of the American system of justice depends on well-trained defense lawyers zealously advocating on behalf of all who are charged by the state. Often this role, which is disdained by many, is uncomfortable, challenging, thankless and requires a great deal of personal sacrifice. As a legal community, we should celebrate the necessity and nobility of public defense because a Public Defender’s willingness to serve on the front lines of our justice system preserves freedom for us all.

On the 60th anniversary of the landmark decision in Gideon v. Wainwright, U.S. Attorney General Merrick B. Garland addressed Public Defenders everywhere when saying, “There are few things more meaningful and more honorable than applying one’s talent, experience and education to representing another person before the state – no matter what that person is accused of having done.”

So, if you value your freedom, in addition to thanking a veteran, thank a Public Defender!

GUEST COLUMN By the Honorable Kathy Smith, Public Defender
In 2008, the Honorable Kathy Smith was elected Public Defender for the 20th Judicial Circuit. She obtained her bachelor’s and juris doctor degrees from the University of Florida and earned her master’s degree in public administration from FGCU. Kathy is a past recipient of Advocate of the Year for her work on behalf of mentally ill clients. She also served on Florida Supreme Court’s Substance Abuse and Mental Health task force as well as the boards for the PACE School for Girls, Southwest Florida Addiction Services, Lee Mental Health and Hope Clubhouse.
18 LEEBAR.ORG
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SHOW OFF YOUR PRO ( BONO ) MOVES

20 LEEBAR.ORG

The term pro bono is derived from the Latin phrase pro bono publico, which means “for the public good.” Whether it’s defending the victim of a scheme or leveraging advanced legal knowledge and expertise to tackle societal challenges, engaging in pro bono work truly does serve the greater good. It helps close the justice gap for those who cannot afford legal services.

According to the American Bar Association (ABA), practicing law as your profession necessitates accepting the responsibility to promote justice, making it equally accessible to all people. The parameters outlined in the ABA’s Model Rules of Professional Conduct indicate that lawyers should aspire to render at least 50 hours of pro bono public legal services per year. These services should be provided to people with limited means or to nonprofit organizations that serve those with low resources.

Pro bono practice can enrich and fulfill those who dedicate the time – and let the billable hours slide in service to their community. For up-and-coming lawyers, it presents the opportunity to polish your skills while gaining practical, hands-on experience – including getting to know Southwest Florida’s judges and other local attorneys. Expert lawyers may find enjoyment in branching out into an area of law that isn’t their primary focus. They also bring expertise and a depth of understanding that is invaluable to the pro bono clients they serve.

Why Pro Bono Work Matters

Recognizing the value of pro bono, Res Gestae reached out to a few Lee County practitioners to learn more. These pro bono pros advocate for this practice as a way to make progress against the odds, restore hope to those who need it most and give a voice to the voiceless.

This Labor Day weekend, I made my first post-Ian trip to Sanibel, Captiva and Fort Myers Beach. I was not prepared to personally witness the devastation still evident almost a year later, but I was encouraged by the signs of resilience throughout these communities.

Circa 1994, almost two years after Hurricane Andrew ravaged southern Miami-Dade County, my first post-law school job took me into the hardest hit communities. I met victims of Hurricane Andrew, assessed their legal claims, and referred them to willing attorneys in our community who assisted them pro bono.

My career came somewhat full circle when Chief Judge Porter approached me about chairing the Twentieth Judicial Circuit Pro Bono Committee, so I was honored to accept. The Florida Supreme Court mandated the establishment of a circuit pro bono committee in each judicial circuit. This Committee does not provide direct legal representation. Rather, it is “charged with the duty to assess the pro bono legal services provided within the Twentieth Judicial Circuit, and to plan, develop, prepare and administer a circuit-wide pro bono attorney plan to ensure that the purposes of Rule 4-6.5, Rules Regulating the Florida Bar are fully met” (A.O. 2.37). The purpose of this Bar Rule is to “increase the availability of legal services to the poor and expand pro bono legal service programs.”

This Circuit’s legal needs are often not being met and the housing crisis and Hurricane Ian have exacerbated this problem. The excellent providers in our community can’t do it alone. This Circuit has the talent and heart to do much more. Besides, the personal rewards of pro bono work and pro se litigation affect your ability to get court access for your clients.

Like many other groups, the Twentieth Judicial Circuit Pro Bono Committee was dormant during the pandemic, but we are excited to regroup and get back on task. We have already identified guardianship and landlord/tenant as areas needing attention. We expect to announce relevant programs soon.

The committee welcomes more members, especially from our local law firms. Let’s show the rest of the state what we mean when we say “Southwest Florida Strong.”

PETER DENNIS, ESQ.

The past year has demonstrated, more than ever, the need for equal access to the justice system. Faced with the catastrophe and devastation of Hurricane Ian, many in our community had legal questions and needs. As is often the case in a mass tragedy, the most serious tolls were suffered by our most vulnerable populations – seniors, those in poverty, individuals living with disabilities and those caring for them. The storm hit the whole of Southwest Florida, but its aftermath was felt most acutely by the folks least able to advocate for themselves.

As these needs rose, members of the Lee County Bar Association did too. The selfless donations of time, of resources, the sheer generosity of our members these last 12 months and counting ceaselessly amaze me. I have never been prouder to be a member of this bar.

OCTOBER 2023 21
Lawyers are uniquely positioned to protect the public and safeguard society through the act of pro bono service.

The need, however, continues.

While many of us have put our lives and homes back together, many others, especially the most vulnerable, are still desperate for our help. Many are still battling with contractors and insurance companies, with shoddy work and homes that still do not feel like home. As a legal community that has shown its ability to rise to the occasion on numerous occasions, we cannot become complacent.

Almost every day we receive calls for assistance. The need for pro bono services is just as strong today as it was on September 28, 2022. It is as strong today as it has ever been. I have faith that the Lee County Bar will continue to fight for justice for those who otherwise will not have access to it.

Pro bono practice is more than a responsibility. It is a lifeline. And it’s one so many in our community need. Making a difference shouldn’t be an aspiration, it should, and can, be real. With everyone’s help, we can work to level the playing field, protect the most vulnerable and fight for our Lee County neighbors.

We don’t do this because we have to. We do this because we love this place we call home.

Lee County Legal Aid Society (LCLAS) is proud to announce the latest phase of our ongoing expansion: the provision of immigration services to abused, abandoned and neglected children in Lee County.

Developed in collaboration with private immigration practitioners in Fort Myers and Lee County, our expansion seeks to fill a critical need in an otherwise underserved population. Children who have been abandoned, abused or neglected by their parents lack the financial resources to secure private representation.

Our community is blessed with caring and knowledgeable immigration practitioners. But, they can only take on so many free cases before they have to turn out their lights. And then, they aren’t helping anyone. That’s one reason why this expansion makes so much sense.

Special Immigrant Juvenile Status is a designation which can be granted by a Family Court. This designation allows our team to file with USCIS for lawful status and, when they reach the age of majority, the right to lawfully work in the United States. When abandoned children in Lee County are granted lawful status, our entire community benefits.

Attorney Eunice Linot at LCLAS has been representing indigent Lee County residents at the Lee County Legal Aid Society for nearly seven years. But did you know she used to work for United States Citizenship and Immigration Services? Eunice is already changing the lives of children abandoned by their parents every single week.

You should be on the lookout for any children in need of her expertise. They can contact Attorney Eunice Linot and her team at Lee County Legal Aid Society via WhatsApp at (239) 265-6184.

22 LEEBAR.ORG
FEATURE ARTICLE

WELCOME ,

NEW MEMBERS

MARIA ALAIMO, ESQ. Law Office of Maria R. Alaimo, LLC.

MARK BANNON, ESQ. Retired

EUGENIE REHAK, ESQ. Retired

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WELCOME MEMBERS
XNLV21572
join Lee County Bar Association in welcoming these newest additions to our membership rolls.
Please
OCTOBER 2023 23
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PRO BONO AWARDS & ACCOLADES

Each year, the Lee County Bar Association takes the opportunity to recognize and honor those in the Southwest Florida community who offer pro bono services to individuals who need it most. The special presentation will include a catered luncheon and awards ceremony at The Edison Restaurant in Fort Myers

Tickets are available at the LeeBar.org website. LCBA members pay $15, while the cost for non-LCBA members is $25. Pro bono award recipients will attend for free, thanks to event sponsors Casey Gartland, Esq. Of Pendas Law Firm, Lee County Legal Aid Society and Florida Rural Legal Services.

Get Your Tickets at LeeBar.org Today!

Thank you to our Sponsors:

PRO BONO AWARD WINNERS

A Look Back Through the Years 2017 2018 2019

OCTOBER 2023 27
LEGAL LENS

building & connecting community

For over 40 years, Habitat for Humanity of Lee and Hendry Counties has challenged community volunteers to roll up their sleeves and help low-income residents obtain a quintessential slice of the American dream: affordable home ownership.

As real estate values continue to surge in the red-hot Southwest Florida market, and interest rates steadily climb, the need for support from Habitat (and by extension, its volunteers and donors) only grows.

In Fiscal Year 2023, which concluded in July, the local organization served more families than in any other 12-month span in its fourdecade-plus history, with 66 families moving into new homes (a nearly 50 percent annual increase) and another 30 receiving emergency repairs, including those who suffered damage from Hurricane Ian in September 2022. Nearly 80 percent of the new homeowners were single mothers.

An additional 1,000-plus families received housing counseling, gaining the potential to improve their housing conditions.

“It was barely a year ago that Hurricane Ian made landfall here – and the long-term impact will be with us for years,” said Becky Lucas, CEO of Habitat for Humanity of Lee and Hendry Counties.

“Even with the prolonged, hurricane-driven closures of our administrative offices and Fort Myers ReStore, we remained

committed to that goal – and thanks to generous community support, we were able to find our footing and continue forging a path forward,” she added.

Hurricane Recovery Home Repair Program

In response to Hurricane Ian, Habitat created a Hurricane Recovery Home Repair Program for low-income homeowners in Lee County in need of urgent repairs, such as roof repair or replacement, siding, drywall, painting, and windows and doors.

The goal: assist 100 families to rebuild their homes. That lofty goal comes with an enticing carrot: all gifts made to the Hurricane Recovery Fund will be matched dollar for dollar, up to $1 million, thanks to the generosity of The Edwardson Family Foundation and an anonymous donor.

Among those to benefit so far is Jametria, a central Fort Myers homeowner who bought her Habitat home in 2000 at the age of 21. Thirteen years later, she proudly attended a mortgageburning ceremony to celebrate paying off her house. After Ian, though, that home needed a new roof.

“I didn’t know how I would do the repairs,” Jametria said. “I didn’t have the money to do the repairs myself, and I had been denied by FEMA—so I really didn’t know.”

28 LEEBAR.ORG
COMMUNITY CONNECTION Alan Zagier
Busier (and more vital) than ever, Habitat for Humanity of Lee and Hendry Counties steps up for hurricane victims, aspiring homeowners

Just two months after applying to the Hurricane Recovery Home Repair Program, the Fort Myers homeowner was approved for a roof replacement and other minor home repairs. Those fixes were essential, as Jametria’s home became a sanctuary for more than a dozen family members who lost everything during the storm.

“It was a blessing to know that I could be there for my family and to give them a place to stay,” Jametria shared. “That I had a home for them to be able to come and shelter through the storm and after.”

Beyond Ian

While the historic hurricane’s impact on Southwest Florida was unmatched, the year-round work of Habitat for Humanity of Lee and Hendry Counties extended well beyond disaster response.

This summer, the organization held a groundbreaking to celebrate the first completed home in a new 29-home development on six acres on Onward Street near Tice Elementary School between McCormick Street and Prospect Avenue, the culmination of a project for which land was purchased a decade ago.

Here’s how it works: Habitat serves as a building contractor, mortgage lender and housing counseling agency, with incomeeligible recipients needing to earn 30 to 80 percent of the area’s median income.

Applicants must also be able to pay a mortgage and provide 300 hours of “sweat equity,” or volunteer work.

On Onward Street, the four-bedroom home was completed with the support of 100 volunteers, including employees of Coca-Cola Beverages Florida.

New homeowner Christie Sowell, the mother of four minor and two adult children, had spent the previous five years in an apartment where her three oldest children had to share a triple bunk bed in a single room. She pursued a home of her own at the suggestion of her mother, also a Habitat homeowner.

“As I stand here today, I promise to give back to society by volunteering my time and resources to ensure that more walls are raised, more families are helped and more dreams are realized,” Christie vowed at the groundbreaking event.

Looking ahead, Lucas expects the need for assistance from Habitat for Humanity of Lee and Hendry Counties to only increase.

“Hurricane Ian has only exacerbated the need for safe and affordable housing in Southwest Florida,” she said. “As we move forward, continued community support is absolutely vital to our ability to provide the type of assistance that we’ve seen can absolutely change lives for the better.

OCTOBER 2023 29
Christie Sowell hugs her friend who came to sing a song and celebrate her move in day. On June 27, Habitat for Humanity held a home dedication ceremony at its Onward Street neighborhood marking the first completed home of its new affordable housing development in Fort Myers. Onward Street is filling with new residents! Situated between McCormick St. and Prospect Ave., the six acre Habitat HOA community will feature 29 single-family homes once completed. Christie Sowell and a few of her older kids, Shania Church, 22, (right), Kiari Church, 15, (center) and David church 16, during the ceremony. Christie Sowell and her family were welcomed home and celebrated their journey to homeownership on June 27. Photo courtesy: Andrea Melendez/WGCU

I love a good local, little and humble food spot where I can get some good comfort food! While keeping that in my head, I recently found a place that fits that bill very well.

As we all know, Cape Coral is known for many things, including (but not limited to) strip malls. They are everywhere, and some really unique businesses can be found in said malls. I found this restaurant smack dab in the middle of arguably the largest strip mall in Cape Coral: Coralwood Center. The plaza houses many businesses, which are

mostly retail with a few restaurants.

One of these is called the Café Restaurant, and it’s very unique. It’s tucked right next to what will soon become the newest Burlington Coat Factory Store in Cape Coral. The online menu intrigued me with its comfort food and random Greek options!

We decided to take a trip over the Veterans Bridge, also called the Midpoint Bridge. Hang a right and swing into this strip mall, which can be

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

a little hard to locate even with GPS. We did find the Café Restaurant tucked in the corner.

Once you park and walk in, you are greeted by friendly, smiling staff who will take you to a table. This dining room, while small, is very wide open. That is nice for those of us who want to see the food as it comes out to each table, in hopes of confirming that your menu selection is going to look as yummy as it sounds – and it does! This place offers anything from Americana to Greek cuisine.

While I love Greek cuisine, I came here for one thing: the triple decker turkey club sammy! Now, this is not your average turkey club. There is no processed turkey here. The Café Restaurant roasts its own turkey and slices it fresh for this dish. That is not something you see very often, if at all, and thus, I thought, I simply must order this! When it arrived piping hot, with crinkle fries and a pickle, I was a very happy Lauren! The sandwich tasted amazing, and the turkey was moist and so fresh!

Steve opted for the Greek salad, which sounded great. It came out with an excellent presentation. In fact, they topped it with sardines which did add a little flair to this menu option, although for the record, I am not a fan of sardines in general.

We also ordered a tuna salad pita to try, as that is always a great judge of a restaurant. When the dish came out, no kidding at all, there was over a full can of tuna on that pita! The tuna was perfectly paired with onions, mayonnaise, salt and pepper, and served with a tomato slice, lettuce and a pickle spear.

The Café Restaurant is a quaint, locally owned and operated place with a comfy home-like atmosphere. Its prices are low as compared to most other corporate run establishments, so that is another plus! The kitchen serves breakfast all day, which includes a variety of fresh muffins baked daily and a daily house-made soup special.

If you are looking to support a local food spot and enjoy dining out in that area, it is worth a visit to enjoy some yummy fare at the Café Restaurant!

OCTOBER 2023 31
HOURS OF OPERATION Open Daily 7 a.m. to 3 p.m. 2301 Del Prado Blvd. Cape Coral, FL 33990 (239) 574-7554 View the menu online at thecaferestaurant.com. WANT TO SEE YOUR RESTAURANT FEATURED HERE? Contact RGSales@ prioritymarketing.com.
Call Today! 239.470.4204 15065 McGregor Blvd., Suite 105 • Fort Myers, FL 33908 cmehta@johnrwood.com Affiliate Member of the Lee County Bar Association Your SOUTHWEST FLORIDA Realtor® Christina Mehta • Graduate REALTOR® Institute (GRI) • Resort & Second Property Specialist (RSPS) Waterfront Specialist Ready for referrals? Advertise in res gestae. Contact Elise Rose 239.267.2638 or RGSales@PriorityMarketing.com RES THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION RES GESTAE GRILLIN' AND CHILLIN Annual Bench Bar-B-Q & Shrimp Boil MEET LEE COUNTY’S LADIES IN LAW Celebrating Women in the Legal Industry MARCH 2023 32 LEEBAR.ORG

THANK YOU

TO OUR LCBA SPONSORS

PLATINUM

INGOLDKIND

OCTOBER 2023 33
GOLD
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.

34 LEEBAR.ORG 100 CLUB

THINGS

YOU DON'T KNOW ABOUT ME

My greatest accomplishment as an assistant school board attorney in Lee County has been assisting with the recovery efforts from Hurricane Ian. I have helped develop many of the contracts needed for the recovery and rebuilding of our schools.

I love making a big meal, trying new foods and making traditional dishes. While studying abroad in Madrid, Spain, I was able to try many delicacies. The most adventurous thing I ate was a paella made with squid ink, also known as arroz negro.

When I was a student at San Diego State University, I worked for the school newspaper. As part of a music series, I did photography and wrote some small articles on bands that were playing at the school. I interviewed and photographed several bands, including Mark Magrath from the band Sugar Ray, the band Alien Ant Farm, and Good Charlotte.

I have a handmade blown glass business card holder in my office, given to me as a gift when I opened my own law practice. I owned the firm for five years, before starting with the School Board.

Originally from Minnesota, I moved to SWFL in 2009 for law school. After graduation, my husband and I decided to stay. In addition to hiking together and exploring nature’s beauty, I love going to the beach and he loves fishing.

OCTOBER 2023 35 MEMBER SPOTLIGHT
u Shaina Zuppke, Esq. 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

IN THE NEWS

HURRICANE IAN RELIEF FUND

The LCBA/LCBAF Hurricane Ian Relief Fund has assisted many members in our legal community, thanks to the donations from individuals, Sarasota County Bar Association and St. Petersburg Bar Association. If you would like to donate, please send donations to LCBAF at 2077 First Street, Suite 207 in Fort Myers, FL 33901. All donations may be applied for via the LCBA Foundation. For more information, please contact The LCBA Foundation at grants@leebarfoundation.org.

INTRODUCING COLLIER’S NEW YLD VP

Congratulations to Christian Haman, associate attorney at Dal Lago Law, who was elected vice president of the Collier County Bar Association Young Lawyers’ Section. Similar to LCBA, the mission of the Collier County Bar Association is to serve its members and the legal community, enhance the legal profession and educate the public concerning the legal profession.

LEGAL BRIEFS

Did you know? The Florida Bar offers a weekly podcast dedicated to what’s happening in the legal profession. A production of The Florida Bar Journal & News Department, the podcast tells the stories of the legal profession in a straightforward and entertaining way, endeavoring to be accurate, responsible and fair. Check out the latest episodes at https://redcircle.com/shows/tfb-briefs.

A SERVANT LEADER

John Agnew, an attorney at Boy Agnew Potanovic Miller in Fort Myers, recently received the Alan B. Bookman Service in Leadership Award at The Florida Bar Annual Convention. This award honors a member of The Florida Bar who has demonstrated the values held by former Florida Bar President Alan B. Bookman, including professionalism, mentorship, commitment to The Florida Bar, and service to the community.

During the presentation, former Florida Bar President Gary Lesser praised Agnew’s leadership and continued selfless service to The Florida Bar and to his community, particularly in the wake of Hurricane Ian, which devastated Matlacha, where he lived, and Sanibel Island, where he serves as City Attorney. As part of the award, Agnew was able to designate the Lee County Legal Aid Society as the recipient of grant funds provided by the Alan B. Bookman Memorial Fund.

36 LEEBAR.ORG

A GOLDEN ANNIVERSARY

This year, the Family Law Section celebrated its 50th “golden” anniversary. Formed in 1973, the section has evolved into an organization of more than 4,000 members from across the state, including attorneys, members of the judiciary, paralegals and professional affiliates. Its mission is to promote the highest standards of professionalism and legal advocacy in the delivery of a wide array of services to Florida families while seeking the consistent, fair and expeditious administration of justice.

LANDING THE LEADERSHIP ROLE

Taylor Bollt, of Henderson, Franklin, Starnes & Holt, P.A., has been selected to join the Young Leaders Committee of the Urban Land Institute (ULI) Southwest Florida Chapter. Prior to his current role as a land use and zoning attorney, Bollt worked as a legislative aid for a county commissioner in Hillsborough County. Today, his practice focuses on assisting his clients’ projects from inception to realization.

GROWING DEMINE

DeMine Immigration Law Firm is growing and expanding! In addition to purchasing the Demine Building in historic downtown Fort Myers, the firm recently hired associate attorney Emmanuella Casimir to join its Removal Defense department. Born in Haiti, Casimir graduated from Barry University School of Law in 2019 and served as a Public Defender with the 20th Judicial Circuit.

OCTOBER 2023 37
SHARE YOUR NEWS! If you have legal news to share, we want to hear from you! Please send press releases to RGEditor@ PriorityMarketing.com.

INTRODUCING SANIBEL CAPTIVA COMMUNITY BANK

OUR SERVICES:

• Personal Checking and Savings

• Business Checking

• Residential Lending

• Commercial Lending

• Treasury Management

• Mobile Banking

• Merchant Services

Chartered on Sanibel Island in 2003, Sanibel Captiva Community Bank began as a small, locally owned and operated community bank primarily serving the residents and businesses of Sanibel and Captiva Islands. Today, Sanibel Captiva Community Bank now operates from eight branch locations, with total assets over $850 million and a healthy roster of nearly $690 million in loans and $773 million in deposits.

As a nonconventional bank, our foundation is built on people and relationships. Sanibel-Captiva Community Bank empowers and supports our neighbors, team and community through local decision-making. We are devoted to serving Southwest Florida

with an unwavering commitment to providing thoughtful, smart banking and lending solutions.

Community is in our name because it's central to who we are as an organization. The Bank supports more than 350 not-for-profit community causes – from The Foundation for Lee County Public Schools to PACE Center for Girls, Blessings in a Backpack, and Habitat for Humanity of Lee and Hendry Counties – through a combination of donations and volunteerism. Since opening in 2003, the Bank has given close to 3 million dollars to local, charitable causes. Over 65 percent of employees are nonprofit volunteers logging in almost 1,000 volunteer hours annually.

38 LEEBAR.ORG SPONSOR SPOTLIGHT
Contact Information (239) 472-6100 CustomerService@sancapbank.com sancapbank.com

The personal injury team at Aloia Roland is highly respected amongst their peers for their commitment and dedication to the community both in and out of the courtroom. Beyond their legal expertise, they are proud supporters of a variety of organizations throughout Southwest Florida including Community Cooperative, Valerie’s House, Fish Like MADD and more!

ATTORNEYS AT LAW Over 60 Years of Combined Experience Serving Residents of Southwest Florida Our commitment to Southwest Florida is enduring. Offices: 2222 Second Street, Ft. Myers, FL 33901 1222 47th Street, Cape Coral, FL 33904 Telephone: 239.791.7950 Website: LawDefined.com Respected / re·spect·ed / verb 1. admired for their abilities, qualities, or achievements. Synonyms: esteemed, distinguished, renowned
Jonathan Martin Partner Personal Injury & Wrongful Death Ty G. Roland Senior Partner Personal Injury & Wrongful Death Evan D. Lubell Senior Partner Personal Injury & Wrongful Death

We Make Banking About Community

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

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

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

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