Drunk
Serious
Custody
Paralysis
Apartment Shootings
Courtroom Trials
Workers Compensation
Wrongful Death Cases
Pedestrian Accidents
Bicycle Accidents
Dog Bite Cases
Slip & Fall Accidents
Negligent Security Cases Settlements
The Dog Days of Summer
As we enter the dog days of summer, let’s highlight the star of the show! It’s the Fourth of July celebrations, of course! It's time to trade in those law briefs for barbecues, parades and fireworks (Remember, safety first!). So, gather your friends, family and maybe even a fellow legal eagle or two, and let’s start our celebration of the land of the free and the home of the brave by recognizing all members of the military and their families, past and present, who continue to keep us safe! We owe you all a tremendous debt of gratitude for our independence!
Speaking of celebrations, let’s give a round of applause to all the summer interns who’ve descended on downtown Fort Myers! Let’s not forget, we were all in their place once upon a time, so let’s give them a warm welcome as they bravely step into the world of law! These bright minds are ready to absorb all the knowledge we can impart upon them in eight short weeks.
To our interns: welcome aboard the legal roller coaster! Get ready for a wild ride filled with research projects, memo drafting and a healthy dose of courtroom drama (fingers crossed!). But fear not, for every challenge you face, there’s a learning opportunity waiting to be seized. Please take advantage of your time around our seasoned legal pros, who are here to guide you through the maze of legal intricacies. Soak up their wisdom and expertise—they’re like Yoda, but with a law degree!
So, here’s to a summer filled with mentoring, laughter, learning and hopefully, a few legal victories along the way. As we dive into July, let’s not forget to take a breather and have some fun in the sun (with SPF 60, of course). Whether it’s a leisurely stroll during your lunch break, a workout after a long day at the office or a weekend getaway, remember to recharge those legal batteries. After all, even superheroes need a day off from saving the world!
Let’s make it a month to remember, folks!
Hon. Kathy Smith, LCBA President kathleens@pd20.org | 239.533.2911
ADMINISTRATION
LEE COUNTY BAR ASSOCIATION
Executive Director
Lauren Baugh
EXECUTIVE COUNCIL
President
Hon. Kathy Smith
Vice President
John Miller III, Esq.
YLD President
Joseph Coleman, Esq.
BOARD MEMBERS
Erin Casey, Esq.
Jerry Olivo, Esq.
Megan Strayhorn, Esq.
Doug Szabo, Esq.
COMMITTEE CHAIRS
Bench-Bar Gala
Diana “Dawn” Maselli, Esq.
Diversity and Inclusion
TBA
Health and Wellness
Hon. Kimberly Davis Bocelli
Ashley Kogan-Weed, Esq.
John Miller III, Esq.
History
Hon. Jenna Persons-Mulicka
E. Bruce Strayhorn, Esq.
Megan Strayhorn, Esq
Law-Related Education
T. Terry Rankin, Esq.
Law Week
Hon. John Carlin
PRACTICE SECTION CHAIRS
Alternative Dispute Resolution
Anne Dalton, Esq.
Alexandra Kleinfeldt, Esq.
Appellate Law
TBA
Corporate Law
TBA
Criminal Law
Asma Anwar, Esq.
Agnieszka Osowicka, Esq.
Elder Law
Lisa Gelman, Esq.
Blake Hampton, Esq.
Amy McGarry, Esq.
Family Law
Kayla Richmond, Esq.
Danielle Seitz, Esq.
General Civil and Business Litigation
Joel Hyatt, Esq.
Kara Jursinski Murphy, Esq.
Administrative Assistant Mairelis Tamayo
President Emeritus
Spencer Cordell, Esq.
Secretary
Dawn Maselli, Esq.
Treasurer
John Dommerich Jr., Esq.
JUDICIAL LIAISONS
Hon. Robert Branning
Hon. Devin George
LCBA Foundation Charity
Golf Tournament
Meredith Jones, Esq.
Vanessa Fernandez, Esq.
Mock Trial
Maria Alaimo, Esq.
Shaina Zuppke, Esq.
Paralegal
TBA
Pro Bono
Andrew Banyai, Esq.
Peter Dennis, Esq.
Mental Health Initiative Committee
Holly Cosby, Esq
Dawn Maselli, Esq.
Immigration law
Pablo Hurtado, Esq.
Nirupa Netram, Esq.
Intellectual Property Law
Mark Nieds, Esq.
Land Use and Governmental Law
Zachary Liebetreu, Esq.
Sarah Spector, Esq.
Real Property, Probate and Trust Law
Kenneth Kemp, Esq.
Peter Knize, J.D., L.L.M.
Robin Merriman II, Esq.
Solo & Small Firm
Conor Foley, Esq.
Tort Litigation
Diana Castrillon, Esq.
Diana “Dawn” Maselli, Esq.
Happy Summer!
Summer is here and seems to be going by too quickly already!
I love summertime, because there’s no pressure to get my daughter to school and no homework to attempt to help with. I am emphatically Team No Homework! Also, there’s no more rushing here and there, or getting to bed early enough to learn all day.
Summer provides a much-needed break from life. That’s right, a little vacation! This year, we went to Key West for a fishing expedition in June. While it felt like 120 degrees, we still had a wonderful time and made some lasting memories! Key West is a great time, both with and without kids in tow.
After we returned, I enjoyed a great event at the Lee County Justice Center for Burritos with the Bench! If you did not get to go, pencil it in for next year.
Something else noteworthy? I, along with most of our LCBA Mental Health and Wellness Mission Committee, became certified by Mental Health First Aid USA to serve as an initial response to anyone experiencing mental health or substance abuse challenges.
We’re also gearing up for our Peer-to-Peer crisis program. This will be added to the LCBA MHWM in the near future. Want to know more, get involved or donate? Ask me how!
Soon, LCBA will take this show on the road to The Florida Bar Voluntary Bar Leaders Conference. During this annual event, I will get the chance to speak to fellow voluntary bar association executive directors and leaders on how to maintain engagement and budgeting. If you are interested in leadership roles within the LCBA or another voluntary bar association, I would encourage you to attend and learn how VBAs work. Meet and greet other leaders, including The Florida Bar’s own president, president elect and president elect designate.
Speaking of The Florida Bar, we will welcome Florida Bar President Elect Sia Baker Barnes in August for our membership meeting. Please see the flyer on page 15 to learn 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
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Alan Zagier
Editors In Law
Hon. Kathleen Smith
Lauren Baugh
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Christi Finger
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Contributing Writers
Lauren Baugh
Lauren Bernaldo Noelle Branning
Dave Breitenstein
Michael J. Corso, Esq.
Henry Lee Paul, Esq.
Zachary Liebetreu, Esq.
Mark Nieds, Esq.
Hon. Kathy Smith
T. Rankin Terry, Jr., JD, LLM
Contributing Photographers
Jim Jett Photography
Res Gestae is an award-winning magazine published monthly by Priority Marketing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to rgeditor@prioritymarketing.com. To advertise, contact Elise Rose at (239) 267-2638 or rgsales@prioritymarketing.com. For billing inquiries, call (239) 334-0047.
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Board Certified in Civil Trial Law by The Florida Bar
Represented Plaintiffs and Defendants
Former Plaintiff-side Personal Injury Attorney
Former Medical Malpractice Defense Attorney
Southwest Florida Resident Since 2005
Office in Collier County, Florida
Chad T. Brazzeal, Esquire Chad@BrazzealMediation
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.
JULY
2024
12
LCBA RPPTL Virtual Brown Bag
Time: 12 p.m. to 1 p.m.
Location: Microsoft Teams
Topic: TBA
Speaker: Danielle Lucht
22
LCBA YLD Lunch & Learn
Time: 12 p.m. to 1 p.m.
Location: Henderson, Franklin, Starnes & Holt, P.A.
1715 Monroe St., Fort Myers FL 33901
Topic: Navigating the Legal Landscape of AI
Speaker: Michael Corso, Esq.
Sponsor: DeBoest & Cross, PLLC and Henderson, Franklin, Starnes & Holt, P.A.
25 LCBA Family Law Lunch & Learn
Time: 12 p.m. to 1 p.m.
Location: Lee County Library, Fort Myers Meeting Rooms
Topic: TBA
Speaker: Danielle Lucht
Sponsor: TBA
AUGUST 2024
1 Baseball with the Bar – see page 17
2 YLD Junk Food with the Judges – see page 26
16 LCBA Monthly Luncheon at the Lee County Courthouse with Sia Baker-Barnes – see page 15
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
26 LCBA Annual Bench Bar Gala - details TBA
NOVEMBER
2024
11 Veterans Day – LCBA and courts closed 28-29 Thanksgiving – LCBA and courts closed
DECEMBER
2024
6 LCBA and YLD Holiday Party at Millennial Brewing
12 LCBA Annual Holiday Party at The Edison 24-26 Christmas Eve & Christmas – LCBA and courts closed
Henry Lee Paul,
Listservs The Danger of
The ABA has warned of the danger of participating in a listserv. Listservs are commonly used by lawyers in various practice areas to help educate and mentor participants. Many listservs have been sponsored by voluntary bars throughout Florida. Despite these endorsements, there can be danger in participation.
In Formal Opinion 511 (Confidentiality of Lawyers
Posting to Listservs), the ABA warned that a lawyer should not post on a listserv without the informed consent of a client if there is a “reasonable likelihood” that the posting may allow the discovery of the identity of the client.
The opinion focused on whether a lawyer, in making a post, “…is impliedly authorized to disclose information relating to the representation of a client…” The answer provided by the opinion was unequivocal. The ABA took the position that, without informed consent by the client, no such disclosure is permitted, even in a hypothetical or abstract form, if it could be reasonably linked to the representation.
The opinion distinguished a listserv posting from the issues addressed in Formal Opinion 98-411 (Lawyer-to-Lawyer Consultation). Opinion 98-411 addresses the propriety of a lawyer seeking confidential advice from another lawyer in relation to and in furtherance of the representation of a client. In appropriate
circumstances, such a consultation is specifically authorized in the comment to Rule 4-1.6, even absent informed consent of the client.
A significant portion of my practice involves such confidential consultations. Opinion 511 takes the position that seeking assistance through a listserv is “significantly different from seeking out an individual lawyer…for a consultation about a matter…”
The interests of listserv members are not necessarily known by a posting lawyer, and the listserv may even include opposing counsel or other counsel interested in the matter of the representation. Like any electronic communication, posts may be transmitted to others outside the listserv. It was pointed out that the more unusual the circumstances of the representation, the more identifiable is the client. Additionally, those lawyers with one client, such as in-house counsel, are obviously more likely to provide an indication of the client or matter at issue.
The opinion suggests that a lawyer may craft well-defined posts requesting cases or articles on a particular issue in a manner that will not lead to the identification of a client. The opinion notes that it is normally entirely appropriate to use a listserv to discuss legal news, recent decisions or changes in the law, without obtaining informed consent from a client.
Lawyers have been disciplined for using a listserv to disseminate unprofessional and uncivil comments. The ABA Opinion heightens concern that failure to adequately protect confidentiality or, alternatively, to obtain informed consent from a client before posting, might also lead to discipline. The opinion should cause lawyers utilizing a listserv to carefully evaluate confidentiality concerns before making a post. All members of a listserv would be well served to review the ABA Formal Opinion 511 before making their next post.
Henry Lee Paul, Esq. is a former Bar Counsel who now represents lawyers in all matters before the Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.
Odelsa Dickman Esq
By T. Rankin Terry, Jr., JD, LLM
An Update with the
TAX COLLECTOR'S OFFICE
T. Rankin Terry, Jr. is a longtime Southwest Florida practitioner.
Board certified in civil trial for 35 years, he has been a certified mediator for 40 years. His bachelor’s degree in mechanical engineering was obtained from the University of Kentucky, followed by his juris doctor from Washington University in St. Louis. He also earned an LLM in tax from the University of Florida.
Several weeks ago, Lee County Tax Collector Noelle Branning, Esq. and I discussed a piece about the Tag Office procedures on death transfers. I met with three members of her staff who attempted to educate me. Any mistakes and failures in this article are mine, not theirs!
Due to space limits, I can’t give much direct guidance, but guidance that may save some frustration.
My estate planning tip is that generally, it is most expedient to take title to cars and boats – technically vehicles and vessels – as “OR” between the owners’ names. To the Florida Dept. of Highway Safety and Motor Vehicles (HSMV), this means with right of survivorship and that any “OR Owner” may sign off on the title. Using “AND” triggers the mini-probate procedure in Sec. 319.28 & 328.01 (7) (c) Fla. Stat.
Tips on “taking enough paper to the Tag Office” are not as direct. Typically, before you start to do a death-related transfer, it is wise to get the
following documents in-hand, though all of them may not be ultimately necessary: (1) a copy of the death certificate; (2) a copy of the will, if one exists; (3) a copy of car or boat’s paper title certificate, either paper or electronic; (4) learn if the paper title certificate is lost or destroyed; (5) learn if the surviving spouse, or other “OR” Owner(s), want to keep it, sell it or gift it. And remember, electronic titles are usually not lost or destroyed.
If you have an “AND” title, the mini-probate procedure will be triggered. You should, in addition to the above, get the names and contact information of the other owners on the “AND” title. Additionally, if possible, get agreement from all owners and heirs, including the surviving spouse, named in the will or by intestacy on how the car or boat will be “devised” (i.e., continued ownership, sold or gifted). If you can’t get agreement, you are back to Probate Court. Also, you will want to get a copy of any Sec.732.515 Fla. Stat. “written statement(s) or list(s)...
(Cont. on page 16)
TERRY’S TAKE ON THINGS
By T. Rankin Terry, Jr., JD, LLM
disposing of items of tangible personal property….” If “the list” differs from an agreement reached, it’s back to Probate Court.
If a formal or ancillary probate has been opened, get a copy of the Letters of Administration. If a Summary Administration, get a copy of the Petition for Summary Administration and a copy of the signed or Proposed Order of Summary Administration. If a Disposition Without Administration is filed, get a copy of the Verified Statement filed.
If you want to know the script that will be followed by the Tax Collector’s Office, search online for “FLHSMV Procedure TL-18.” This formidable document is a 54-page procedure manual titled, “Application for Certificate of Title and Satisfaction of Liens Involving Registered Owners or Lienholders Who Are Deceased.”
Beginning on pages 33 through 51 are a series of charts, which purport to go through every possible combination and permutation of situations.
Compose a summary of your “facts,” e.g., we have an “OR” title with no lien with a surviving spouse who wants to give the car to a grandchild over 18, no will, no probate planned, and any estate would not likely be indebted. Next, I suggest going online at www.leetc.com, and with the website open in front of you, making a telephone call to a title clerk to discuss your situation.
Go over your “facts” with the clerk and prepare exactly the paperwork that he or she suggests. Transactions must be in-person or by mail. My advice is that if you are an experienced pro, use the mail; if not, get an appointment and appear in person.
Always try to visit the Tax Collector’s Office with an appointment. You can make one at www.leetc.com. As a walk-in, you can spend a lot of time waiting in the lobby. Your wait can be very entertaining, but not very productive.
One last piece of advice from the Old Man! Whenever you know or hear of a client, friend or otherwise who has sold a car, boat or motorhome, tell them about Form HSMV 82050 on the website. This form relieves the seller of tort liability for owning the car, boat or motorhome. They should check the first box at the top, the Notice of Sale, and fill out Sections 1 and 3. Then, return it to the Tax Collector’s Office! See Sec.319.22 (2) (a) & (b) & 328.01(7) (d) Fla. Stat. for more information.
If you ever receive a phone call that a sold car or boat has been in a subsequent accident as a prophylactic matter, try to see to it that a Form 82050 is delivered to the Tax Collector’s Office as soon as possible!
Good luck, and remember: The mistakes and poor advice are mine.
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The law firm of Roetzel & Andress has been proudly serving the legal needs of individuals and businesses in Southwest Florida for nearly 35 years in the areas of:
• Business and Commercial Litigation
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Remote Work
and Cybersecurity
What Your Law Firm Should Know
By Dave Breitenstein
For generations, law firms housed thousands of case documents inside large, well-organized storage rooms or off-site document storage centers. Security of these records was always a priority. They were housed in locked, climate-controlled rooms with limited access at law firms. Oftentimes, security cameras monitored who was coming and going. Alarms alerted partners to unauthorized access, while sprinkler systems were on standby to keep files safe... just in case.
Today, law firms and courthouses manage and store a majority of records electronically, either on an internal server or the cloud. Security is still just as important, but attorneys are legal experts – not cybersecurity specialists whose sole job is to prioritize digital safety. Cybercriminals continuously try to attack large corporations, but often fail because these companies have robust IT departments that have implemented an abundance of security measures. That’s why cybercriminals turned their attention to small businesses, schools, churches, health care organizations, utilities and nonprofits, which often are easier targets.
If given an open door, cybercriminals certainly will set their sights on law firms. After all, firms house much more than case documents and evidence. Electronic files may contain names, addresses, phone numbers, emails, credit card numbers, bank account information, usernames, passwords and other confidential information. It’s up to law firms to make sure the digital front door is closed and double-locked, with a guard protecting data 24/7.
Perhaps the biggest cybersecurity concern for law firms reflects a change in the work environment. Partners, attorneys, paralegals and other firm staff have always brought their work home and burned the midnight oil to prepare for trial. Today, remote work across industries –either part-time or full-time – is commonplace. Although work-from-home scheduling offers flexibility, using a computer, laptop, tablet or cellphone to complete workrelated tasks introduces another layer of security concerns.
Homeland Security’s Cybersecurity & Infrastructure Security Agency offers these four tips for organizations to enhance their digital safety:
Turn on Multi-Factor Authentication: This extra step requires users to verify their identity, either through text, email or answering personal questions. Traditionally, users verified their identity through a username and password, both of which are often the focus of phishing scams. Multi-factor authentication only takes a few extra seconds each time users log on, but ensures that unauthorized users cannot access a device or network.
“Some people worry that multifactor authentication is going to be really inconvenient, but generally it's only used the first time you sign into an app or device, or the first time you sign in after changing your password,” according to Microsoft. “After that you'll just need your primary factor, usually a password, like you do now.”
Update Software: Developers frequently update apps, software programs and operating systems with new levels of protection. When prompted, always download the latest version to keep software up to date.
“Old software is full of security flaws,” notes Norton, a digital security provider. “Over time, hackers find new ways to break through what was, at one time, the best available protection. Once these cybercriminals break into a system, they can spy on your computer, implant dangerous malware or even use what they find in your system to commit identity theft.”
Think Before You Click: More than 90% percent of successful cyberattacks start with a phishing email. Before clicking on any links, verify a sender and evaluate whether a message is authentic.
“Hackers use phishing and other social engineering methods to target organizations with legitimate-looking emails and social media messages,” according to PCI Security Standards Council, a global organization focused on digital security. “These trick users into providing confidential data, such as credit card numbers, social security numbers, account numbers or passwords. It is important to have your guard up when opening emails and engaging in social media.”
Use Strong Passwords: Partner with an IT professional to create a formal list of digital security measures and best practices, including a requirement to change passwords every 30 to 90 days. Passwords should be complex and include lowercase and capital letters, numbers and symbols. Entire phrases or sentences also offer protection.
“Using an easy-to-guess password is like locking the door, but leaving the key in the lock,” according to the Cybersecurity & Infrastructure Security Agency. “Weak passwords can quickly be broken by computer hackers.”
Additionally, law firms should provide employees with a Virtual Private Network, or VPN, that creates a secure connection between a device and a computer network, encrypting data in the process. Even if cybercriminals gain access, the data is useless.
If possible, firms should provide employees with take-home technology. Employees should only access the network on company-issued computers or tablets, not devices shared by children or family members, or devices utilized for personal use, such as banking or shopping. This ensures devices used at home have the same level of protection as computers in the office.
Security and confidentiality have historically been calling cards in the legal profession. As the industry expands from law offices and courthouses as places of business into homes, hotels, coffee shops and public transit, digital security must remain a paramount focus to keep cybercriminals at bay.
Trust, But Verify
Using Chat-GPT in Legal Research and Writing
Artificial intelligence (AI) is the simulation of human intelligence processes by machines, particularly computer systems. Generative artificial intelligence (GAI) is a subset of AI that focuses on creating new content, such as text, images or music by learning patterns and structures from existing data and using that knowledge to produce new, similar data.
Currently, there are numerous platforms integrating GAI capabilities applicable to both the practice of law and law practice management. The most widely known is OpenAI’s Chat-GPT, a program that can take a prompt and create natural language output, which is often used as a drafting tool. While applications like these tend to make the lawyer’s job a little easier, their use is not without risk.
The risk stems from the fact that output generated by GAI is created by interpreting a prompt against the library of data or information with which the system was initially programmed. If that data is not up to date, then neither is the GAI generated output. Similarly, if the data is skewed then the output will be skewed accordingly. Further, since GAI can only learn from and rely upon the data it was initially provided, if there is no data to draw from, the system can “hallucinate” by fabricating a response.
These risks, especially the risk of hallucination, can cause problems when using GAI in the practice of law. For instance, in Mata v. Avianca, Inc., 2023 WL 4114965 (S.D.N.Y. June 22, 2023) two attorneys and their firm were sanctioned under Rule 11 for submitting a Chat-GPT generated response brief containing fabricated decisions and failing to verify those authorities. See also Park v. Kim, 91 F.4th 610 (2d. Cir. 2024) which resulted in sanctions for submitting a GAI-generated brief containing fabricated decisions.
More recently and closer to home, in March, the U.S. District Court for the Middle District of Florida suspended an attorney for one year. This was based in part upon filing court documents containing citations fabricated by Chat-GPT.
Recognizing both the rising use of AI in the legal field and the risks AI presents, The Florida Bar published Ethics Opinion 24-1 in January 2024. It concluded that use of GAI systems is acceptable within the bounds of the lawyer’s ethical obligations generally.
In terms of using GAI in legal research and writing, the Opinion likens GAI systems to a non-lawyer assistant. Therefore, attorneys must review GAI output much like reviewing, say, paralegal work product for accuracy and completeness. Failing to do so could expose an attorney to violations of various duties including duties of competence, candor and truthfulness in addition to possible court sanctions.
Accordingly, while GAI systems like Chat-GPT can be great time savers when used for research and writing, the maxim “trust but verify” holds true.
Leveraging AI in Legal Practice
A 2023 survey by the American Bar Association found that 35% of law firms are incorporating or interested in using AI tools in some capacity, which is expected to grow significantly in the coming years. At the same time, an estimated 15% of AI-generated outputs contain inaccuracies due to outdated or incomplete data sources. This, along with Opinion 24-1, underscores the need for diligent verification.
The Mata v. Avianca, Inc. (2023) and Park v. Kim (2024) cases highlight the legal repercussions of submitting AI-generated content without proper verification, resulting in court sanctions for the attorneys involved.
Practical Tips
• Cross-check with trusted legal databases.
• Keep AI tools updated.
• Educate your team on AI pitfalls.
• Establish clear usage guidelines.
Mark A. Nieds is an attorney specializing in intellectual property, business and franchising law. In addition to advising clients on trademark, copyright and trade secret matters, he advises on data privacy, AI and tech-related issues. Mark also serves as co-chair of Lee County Bar Association's IP Section.
Quotes coming from Sarah
By Michael J. Corso, Esq.
Artificial Intelligence (AI) is rapidly transforming the legal landscape, presenting both opportunities and challenges for legal professionals. As AI technologies become more sophisticated and ubiquitous, it is crucial for lawyers to understand the legal implications and navigate the complexities surrounding this emerging field.
Michael J. Corso is a Florida Bar-board certified trial lawyer at Henderson, Franklin, Starnes & Holt, P.A. with over 40 years of experience in business litigation, tort defense and intellectual property. A former aerospace engineer and Air Force captain, he has received numerous accolades, including the 2022 Florida Bar Board Certified Lawyer of the Year award.
According to a 2023 report from Goldman Sachs, a bank, 44 percent of legal tasks could be performed by AI, more than in any occupation surveyed except for clerical and administrative support. Lawyers spend an awful lot of time scrutinizing tedious documents – the sort of thing that AI has already demonstrated it can do well. Lawyers use AI for a variety of tasks, including due diligence, research and data analytics. These applications have largely relied on “extractive” AI, which, as the name suggests, extracts information from a text, answering specific questions about its contents.
AI has the potential to transform the legal profession in three ways.
First, it could reduce big firms’ person power advantage. In large, complex law suits, these firms tell dozens of associates to read millions
of pages of documents looking for answers to senior lawyers’ questions and hunches. Now, a single lawyer or small firm will be able to upload these documents into a litigation-prep AI and begin querying them.
Second, AI could change how firms make money. Law firm consultants often argue that law firms profit by “having armies of young lawyers to whom they pay less than they charge clients.” If AI can do the work of those armies in seconds, law firms will need to change their billing practices. Some may move to charging flat fees based on the service provided, rather than for the amount of time spent providing it. One legal commentator speculates that law firms may charge a “technology fee,” so that “clients don’t expect to get generative AI for nothing.”
Third, AI could change how many lawyers exist and where they work. Law firm consultants predict that AI may dramatically reduce the number of lawyers the world needs. If AI can do in twenty seconds a task that would take a dozen associates fifty hours each, then why would big firms continue hiring dozen of
associates? A veteran partner at a prestigious corporate law firm in New York expects the ratio of associates to partners to decline from today’s average of perhaps 7 to 1, at the top firms to closer to parity.
This may not happen for a while, however, AI could make legal services cheaper and thus, more widely available, particularly for small and medium-size businesses that currently often struggle to afford them. Ambitious law school graduates may find that AI provides an easier path to starting a solo practice. If so, than AI could actually lead to an increase in the overall number of lawyers, as well as changing the sort of task they perform, just as the advent of ATMs led to an increase in the number of human bank employees rather than their replacement.
Ultimately, this will be good to news for clients. People with legal issues want resolutions to their problems, or the avoidance of problems all together. If AI can provide those outcomes, then people will use AI. Many people already use software to do their taxes rather than rely on professionals; it seems that very few of them are complaining about the lack of social interaction with their tax advisors.
Intellectual Property Rights and AI
The intersection of AI and intellectual property rights raises significant questions. Regarding copyrights, there is ongoing debate about whether AI-generated works can be copyrighted, as copyright law traditionally requires human authorship. The U.S. Copyright Office has taken the stance that AI-generated works without human involvement are not copyrightable. However, the legal landscape remains uncertain, and courts may interpret the law differently in the future.
On the patent front, innovations in AI technologies themselves can be patentable, but the patentability of AI-generated inventions is still being explored. As AI systems become more advanced, issues may arise regarding inventorship and the role of human intervention in the inventive process.
Privacy Concerns in the Age of AI
AI systems often rely on vast amounts of data, including personal information, which has raised privacy concerns. The collection and use of personal data by AI systems must comply with relevant privacy laws, such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Failure to adhere to these regulations can result in significant legal consequences.
Liability Issues Associated with AI
As AI systems become more autonomous and integrated into various industries, determining liability when AI causes harm is a complex challenge. The question of who is liable – the
AI system developer, the user, or others involved – remains unresolved and will likely be addressed on a case-by-case basis. Notable cases involving AI and liability, such as the Uber self-driving car accident, highlight the need for clear legal frameworks.
Ethical Considerations in AI
The development and deployment of AI systems raise ethical concerns, including issues of bias, fairness and transparency in decision-making processes. The Florida Bar Ethics Opinion 24-1, issued in January 2024, provides guidance on the ethical use of AI in the legal profession, emphasizing the importance of maintaining human oversight and accountability.
Essentially, this Opinion confirms that lawyers can use AI when practicing law. It does not prohibit the use of AI to practice law. However, when using AI, lawyers must prioritize client confidentiality, practice accurately and confidently, steer clear of unethical billing methods and comply with lawyer advertising restrictions.
Best practices for ethical AI development and deployment include ensuring transparency, minimizing bias, and prioritizing human oversight and control. Legal professionals must stay informed about ethical guidelines and considerations to uphold their professional responsibilities.
How Are Law Firms Using AI?
AI-powered legal research tools can quickly scan through vast databases of case law, statutes and other legal materials to find relevant information. AI can be used to assist in formulating questions for a witness – a party, non-party or expert – by analyzing a synopsis or outline of the case, and then asking proposed questions for that witness in the case. AI can also analyze the context and semantics of a research query to provide more accurate and precise results, going beyond simple keyword matching. Additionally, AI can suggest additional relevant cases, laws or secondary sources that a human researcher may have missed based on the initial query.
AI excels at quickly reviewing and analyzing large volumes of documents and data for relevant information. This is particularly useful in eDiscovery and due diligence processes involving massive document sets. It can identify patterns, classify documents by topic or issue, and extract key data points like names, dates and key terms. This allows legal teams to prioritize review and quickly locate critical information.
While AI augments legal research and review, human legal expertise remains essential for tasks requiring strategic judgment, legal analysis and quality control. AI serves as a powerful tool to enhance efficiency and insights for legal professionals.
As an associate attorney at Roetzel and Andress, Zachary represents clients in zoning and land use matters, including environmental permitting, water use permitting, and state and local code compliance. He also represents local government entities, counseling on management and operational decisions. Additionally, Zachary represents contractors seeking to enforce their construction lien rights. Zachary obtained bachelor’s degrees from the University of Central Florida in Political Science and Legal Studies before pursing his law degree at the Stetson University College of Law.
By Zachary A. Liebetreu, Esq.
NAVIGATING SOCIAL MEDIA IN 2024
Time and time again, a lawyer or member of the judiciary is in the news for an egregious use of social media. While those inflammatory, defamatory and derogatory posts make for good news stories, there are a multitude of other ways to find yourselves at odds with The Florida Bar, due to social media use.
The Florida Bar has repeatedly stated that all electronic communication is subject to the advertising rules. See Rul. Reg. Fla. Bar 4-7.11. The Florida Bar goes as far to advise against a lawyer sending a “friend request” and adding users on social media because this could be seen as solicitation, per Rule 4-7.18(a). Note that this rule does not apply to current or former clients, relatives or someone with whom the lawyer has a prior professional relationship.
LinkedIn Legal Considerations
A lawyer must also exercise caution with how the social media site presents the lawyer’s account. The Florida Bar had to work with LinkedIn over the site’s displaying lawyer’s entered practice areas as “Specialties.”
Additionally, other users could add information to the lawyer’s page which would appear under a tab titled “Skills and Expertise,” This is problematic because, as you may recall, only lawyers who are board certified can claim
to be experts or state that they specialize in an area. While the Florida Bar and LinkedIn worked together and resolved this issue, be aware of how a social media site presents your profile to the public.
Presentation in Public
A lawyer must also exercise caution with how they present themselves on social media. Several times, a lawyer’s rant on their social media page has led to disciplinary action from their respective Bar Association.
To keep yourself out of personal trouble, remember that the internet is permanent! It only takes seconds to screenshot a post. With other online features such as the Wayback Machine, deleted items may still be viewable. Now would be a good time to review your social media accounts’ privacy settings and add additional protections.
If you have any questions regarding social media use or any general questions about the Young Lawyers Division (YLD) of the Lee County Bar Association, feel free to reach out to your social media chair – this author – by email at zliebetreu@ralaw.com. Or, ask any other YLD board member! We’re here to support your needs in 2024.
MEMBERS
BRAXTON BOWEN, JR., ESQ. Henderson, Franklin, Starnes & Holt, P.A.
ERIN BUNNELL, ESQ.
FineMark National Bank & Trust
BRUCE BURK, ESQ. Burk Law Firm, PLLC
HAYLEE HANSEN, ESQ. Cole, Scott and Kissane
JENNIFER KRATOCHVIL, ESQ.
FineMark National Bank & Trust
MINERVA POBLET, ESQ. Poblet Legal, PLLC.
MILESTONE ANNIVERSARIES
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All Aboard the
In Florida, we live where everyone vacations. But where do we go for vacations?
There are many choices within Florida, but one that comes with tons of adventure is Key West! I can go on and on about Key West, but today, this Dish article is serving up insider tips about a very special route by which you can get to said destination… The Key West Express.
Now, you see many large boats, yachts and the like in Fort Myers Beach and in the surrounding waters, but only one can be called the Key West Express. It is quite well known to many, both local and otherwise. I have now been on the Key West Express four times – twice to Key West, and twice back to Fort Myers Beach - and enjoyed every trip!
The boat itself is large enough to fit up to 450 people. I am not sure how they all fit on, but they get them in there! The seats themselves are comfy, which is not expected.
They offer plane-like seating, bar seating, tables with four-booth seating and then the top deck seating. Now, I like to go for the plane-style seating, where I can lay my head back and relax while still having room in front of me for my things. The top deck is fun to walk up on, but I cannot imagine spending the entire trip up there. Now people do, but I, myself would not want to! The trip itself is about four hours, depending on the weather, but that gives you enough time to take a cat nap and catch a movie on the various TVs located throughout the boat.
Lauren Baugh is the Executive Director at Lee County Bar Association and can be reached at LBaugh@leebar.org.
Are you wondering, what about food? Well, they do have some stadium-style food available –your usual hamburgers, hot dogs, hot pretzels and other various items. But if you want something special, bring that aboard with you and eat at your leisure. It goes without saying that there is a bar, several in fact, where you can start or continue your vacation with a libation or a soft drink. I always like to bring a nice hydro flask with ice and water in it, so I can drink as I want without having to get up and buy a water. I should mention the bathroom facilities are very small, so note that when you consider taking children. The child’s ticket is cheaper than the adult ticket, but I would not necessarily recommend taking younger kiddos with you, as it would not be an easy trip to manage little ones on. I took my teenager with us, and she drew, played cards, read and, of course, slept.
Something great to note is that on the way back, you get the pleasure of watching the sunset. You can then take a trip up to the top deck and get the best view of this. It is very romantic, but very windy! Remember this when you want to wear a sundress, trust me.
After taking the boat to Key West, you are brought right to the action. There are a ton of restaurants and things to do, literally steps from the dock, which is great. If you packed light, you can walk right away to the fun and go on about your day. If you packed a suitcase, you can have them take your bag(s) to your hotel for you at a minimal fee. Or, you can take your bag, go to your hotel and take a few moments to relax, get
ready to go out and have the best time!
The first time we went to Key West, we chose to pack light and get right to the fun. But this time, we went to the hotel, took a break from people, unpacked and planned our next steps, which was to find delicious island fare and a tour for three! If you have not been to Key West, GO! Here is your sign! You will not be disappointed.
Now back to the Key West Express! So, you enjoyed your time in Key West, had your early dinner, and now you want to board the Key West Express to go back home to Fort Myers Beach. Go to the Key West Express boarding building, and hang tight. As you wait for your ship to arrive and allow you to board, it allows for great people watching (as if in Key West there is not enough of that!). All the partygoers are hung over, or over it in general, and it is really amusing.
The one thing we all had in common? We were tired, because Key West is a lot of walking, a lot of heat and a lot of eating. Once they call to start boarding, you get in line and work your way to your seats. These are not assigned, so you know the drill… Early bird catches the worm!
Get to your seat, relax and await departure. The trip home is always longer than the trip to Key West, but it offers a beautiful view and time to chat with your family or friends about how much fun you had!
I would highly recommend spending the money on a few tickets to take Key West Express to many people’s favorite vacation spot in the state: Key West. Three cheers for the Conch Republic!
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.
Boy Agnew Potanovic Miller, PLLC.
Boyle & Leonard & Anderson, P.A.
Burandt, Adamski, Feichthaler & Sanchez, PLLC.
Calvo & Calvo, Attorneys at Law
City of Fort Myers Attorney’s Office
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
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.
Light Path Law, P.A.
Linde Law Group
Men’s Rights Law Firm
Osterhout & McKinney, P.A.
Patrone, Kemp & Bentley, P.A.
Pavese Law Firm
Roetzel & Andress, L.P.A.
Rubinstein & Holz
Scarmozzino/King Trial Lawyers
School District of Lee County
Sheldon E. Finman, P.A.
Sheppard Law Firm
Simmons & Cook, PLLC
Spivey Law Firm, Personal Injury Attorneys, P.A.
Strayhorn, Persons-Mulicka & Fisher, P.L.
Viles & Beckman, LLC
Wilbur Smith, LLC
Yeslow, Koeppel & Anderson
Scott T. Moorey
Criminal Defense Attorneys
THINGS
YOU DON'T KNOW ABOUT ME u Zachary A. Liebetreu
1. I attended UCF for my undergraduate studies, where I met Tacko Fall – the 7-foot, 6-inch tall basketball player who later had a stint in the NBA. Did you know that in high school, he participated in the City of Palms tournament? It’s a small world. Go Knights!
2. If I could share a meal with any famous historic figure, it would be John Adams. Adams was one of the founders of the United States with complex views on slavery. He was a skilled attorney, who was instrumental in negotiating the end of the American Revolution.
3. I would advise young attorneys to explore as many practice areas as you can in the legal field and beyond. There is plenty of work to be done and if you only focus on one area, you may be too bogged down to see other options.
4. Sitting on my office desk is a six-pack of AnheuserBusch water, which the Red Cross distributed during the aftermath of Hurricane Ian. It reminds me of how far we have come, how far we have yet to go, and the necessity of good people helping good people.
5. My favorite hobbies are spear fishing, hunting and fishing. Getting into the outdoors is an excellent way to get exercise, get high-quality food and clear your mind. I also love our family spring skiing trip to Utah because of its gorgeous views, the exercise and how it has something for everyone.
Did You Know?
CPE’s Mobile Crisis Hotline is answered 24 hours a day, 7 days a week. (844) 395-4432
Established in 2017, The Center for Progress and Excellence Inc. (CPE) serves Southwest Florida by providing quality mental health services in response to crisis needs within the community. The goal is to help individuals achieve and maintain mental wellness by linking them to long-term mental health and social services through a collaborative network of agencies.
As a local nonprofit organization, CPE is passionate about increasing access to vital mental health and social services for the vulnerable and in-need population served by the 20th Judicial Circuit. This strengthens the community for all individuals, regardless of race, gender, age and socioeconomic status.
Most importantly, CPE is committed to serving its clients with the utmost respect, dignity, and compassion. Because every person has unique needs and preferences, CPE creates individualized, collaborative plans that resonate with each client’s values, strengths and goals to ensure the highest quality care and support.
CPE is nationally accredited by the Commission on Accreditation of Rehabilitation Facilities
(CARF) to provide crisis intervention for adults, children and adolescents, as well as outpatient mental health treatment for adults, children and adolescents through Florida’s 20th Judicial Circuit. This includes individuals throughout Lee, Hendry, Glades, Collier and Charlotte Counties.
Resources
•Individual counseling
•Telehealth
•Assistance with benefit applications
•Liaison with law enforcement
•Direct assistance
•Liaison with legal aid
•Transportation assistance
•Referral for medical, dental and other services
•Community orientation and integration assistance
FAMILY DRAMA
Roetzel & Andress, LPA offers solutions for your most puzzling trust and estate matters. As a leading law firm located in Naples and Fort Myers, our attorneys regularly represent beneficiaries, fiduciaries and corporations in all aspects of estate and trust administrations. Then, if family drama ensues, Roetzel’s team of trust and estate litigators and appellate attorneys will be ready to protect your interests.
Tournament Raises $20,000 for Local Charities FORE!
The Lee County Bar Association Foundation (LCBAF) recently hosted its annual charity golf tournament at The Forest Country Club on Friday, May 17. More than 100 golfers attended the lively event, which featured a buffet breakfast, lunch, games and the chance to win prizes – as well as a live and silent auction.
Proceeds from this event are used to help fund grants for local charities who aid the community in line with the Foundation’s mission. The LCBAF exists to provide legal aid to the indigent, support and participate in charitable endeavors benefiting youth as well as the underprivileged population, encourage and promote education and community awareness of the law, and provide for the establishment of scholarships.
The 2024 LCBAF Charitable Golf Tournament would not have been possible without the generous support of participating golfers, tournament volunteers and many special event sponsors. Tournament sponsors included Title Sponsor, Pavese Law Firm, along with: Henderson Franklin; The Merriman Law Firm; Hampton Law; Casey Gartland, Esq. of Garvin Injury Law; Kevin C. Karnes Clerk of the Circuit Court & Comptroller; John Webb Legal Group, P.L.; Villa Vie Residences; U.S. Legal Support; Roetzel; Christopher Alan Homes, Boatman Ricci; Aloia Roland; CopyLady; Law Office of Spencer Cordell; Dickman Law Firm; Mercedes-Benz of Fort Myers; Kelleher Law and Fort Myers Court Reporting.
1. Honorable Kathy Smith and Honorable Linda Adams
2. Dan Detrick and Blake Hampton
3. Blake Hampton, Honorable Kevin Karnes, Lance Dunford, Dan Detrick and Marshall Howard
4. Mark Trinchitella, John Webb, David Fineman, Wally Crane
5. Honorable Lisa Porter, Honorable Tara Paluck, Honorable James Adams, Honorable Devin George, Honorable Lindsay Garza
6. Jerry Olivo, Robert White, Honorable Kyle Dudek, Brendan Shearman
7. Meredith Jones, Vanessa Fernandez and Shannon Puopolo
8. Spencer Cordell and Lee Viacava
9. Ryan Downey and Vanessa Fernandez
10. Shannon Puopolo and John Webb
11. Honorable Devin George and Honorable Lindsay Garza
12. Michael Greenhoe and Greg Blurton
IN THE NEWS
TOP MARKS IN SCHOOL
LUNCH & LEARN
LCBA members gained valuable insights from the recent Criminal Law Practice Section luncheon in May, sponsored by Wilbur Smith Law Firm. U.S. Attorney Roger Handberg presented a deep dive into Fentanyl: What It Is and Why You Should Know! Pictured from left to right: The Hon. Kathy Smith, Daniel Garza, Roger Handberg and Lauren Baugh.
Congratulations to Kathy Dupuy-Bruno from the School District of Lee County, who recently achieved her board certification in education law! Out of more than 100,000 attorneys who practice in Florida, only 5,000 hold a board certification. As of June 2024, only 47 out of those 5,000 attorneys are board-certified in education law – and only 15 actually work for a school district! Thanks to her hard work, Lee County will benefit from Kathy’s heightened level of excellence, expertise, credibility, professionalism and ethics.
HOME SWEET HOME
Veteran litigator Amir Cyrus recently joined the Lee County Legal Aid Society as a housing attorney, bringing experience in representing both plaintiffs and defendants in private practice as well as the public sector. Amir previously worked in private practice at several Florida law firms as an associate attorney, handling property litigation on both sides of the aisle. A graduate of both Florida State University and Nova Southeastern University’s Shepard Broad College of Law, he has also worked for the Florida Attorney General’s Office and as an assistant public defender in the Fort Myers-based 20th Judicial Circuit.
LIFETIME ACHIEVEMENT AWARD
The Florida Defense Lawyers Association (FDLA) recently honored Michael Corso with the Chubby Damsel Lifetime Achievement Award during the Florida Liability Claims Conference held in June. The award recognized his careerlong dedication to litigation defense and significant contributions to the FDLA and the legal community. Corso has been an active member for more than 40 years, serving on the FDLA's Board of Directors and as an officer for many years, including a term as president.
SETTING A NEW BAR
Under the leadership of Ita Neymotin, the Office of Criminal Conflict and Civil Regional Counsel, Second Region, has received the 2024 Governor’s Sterling Award in the Team Showcase Competition in honor of the agency’s superior management approaches and strong results.
To win the award, group members representing the Regional Counsel showcased benefits provided by social workers who assist the legal team with dependency court cases. This partnership has resulted in vast financial savings by shortening the time children remain in foster care and reducing the time to family reunification. Once fully implemented region-wide, this dependency program is projected to save Florida taxpayers $30 million while reducing a dependent child’s time in foster care by six months.
GRANT APPLICATIONS WELCOME
The Lee County Bar Association Foundation, Inc. (LCBAF) recently announced the opening of its 2024 grant allocation cycle. Grant applications will be accepted from local nonprofits seeking funding, starting August 1, 2024 through September 30, 2024. Grants in the 2024 cycle are anticipated to provide support for specific programming in amounts of less than $10,000 per organization.
LCBAF grant allocations will be based upon the thoroughness of the application and achievement of the purposes of the Foundation, which are:
1. To promote provision of legal aid to the indigent;
2. To support charitable endeavors benefitting youth and/or benefitting an underprivileged population;
3. To encourage and promote education and community awareness of the law; and
4. To provide for the establishment of scholarships. The 2024 grant application is located on the Foundation website at www.LeeBarFoundation.org. Grant applications, as well as any questions, can be submitted to Grants@LeeBarFoundation.org.
IN THE NEWS
ON THE MOVE
Garvin Injury Law, a personal injury law firm based in Fort Myers – and annual LCBA sponsor – has welcomed attorney Casey Gartland to their litigation department. A graduate of the University of Florida Levin College of Law, Casey is admitted to the United States District Courts for the Middle and Southern Districts of Florida, and is a member of The Florida Bar.
SUMMER SCHOOL’S IN SESSION
Henderson, Franklin, Starnes & Holt, P.A. recently welcomed five law students, who were selected to join this year’s summer associate internship program: Kendall Coughlin from Ave Maria School of Law; Patrick Hodges from the University of Florida Levin College of Law; Dylan McHugh from Louisiana State University Paul M. Hebert Law Center; and John “Alex” Polidan and Taylor Prerost from Stetson University College of Law.
GOING PRO
Ita M. Neymotin, Regional Counsel, Second Region recently partnered with YLD President Joseph Coleman to present a professionalism CLE to the legal community. The program included welcome remarks by the Hon. Kevin B. Anderson, mayor of Fort Myers, as well as honorable guest speaker and Florida Bar President-Elect Roland Sanchez Medina, Jr. During the program, Mayor Anderson was recognized as the Public Official of the Year for 2024.
Pictured here, left to right: Florida Bar President-Elect Roland Sanchez Medina, Jr.; Ita Neymotin; Fort Myers Mayor Kevin Anderson and Joey Coleman
FL BAR MEMBERS SHARE OPINIONS & INSIGHTS ON AI
In an era marked by the proliferation of artificial intelligence (AI), The Florida Bar’s 2024 Membership Opinion Survey yielded insights into the frequency with which Florida lawyers use various generative AI applications and what impact they think it will have on the profession going forward.
A full 80% of those surveyed say they do not use generative AI in their legal practices, signaling a significant gap between recognition and implementation in this technologically evolving field. Only 11% of respondents said they frequently or occasionally use AI, split across various areas of practice.
• 11% Legal Research and Analysis
• 5% Drafting Documents
• 5% Other (i.e. Drafting Emails & Letters)
• 4% Case Analysis
• 4% Summarize Documents
• 3% Automated Client Communication
• <1% Risk Assessment and Prediction
TAKE TWO
Henderson, Franklin, Starnes & Holt, P.A. recently welcomed two new team members. As a wills, trusts and estate planning attorney, Braxton Bowen, Jr. brings experience in estate planning, probate, and trust administration. Prior to joining Henderson Franklin, Bowen led a real estate closing department, ensuring smooth transactions, resolving title complications, training new attorneys and paralegals, and maintaining high standards of client service.
Facilities and Support Services Manager Michael Scharff will be responsible for overseeing the firm’s facilities budget, identifying and resolving maintenance issues, negotiating and managing vendor contracts, supervising support staff and facilitiesrelated projects, and managing mailroom and reception operations.
If you have legal news to share, we want to hear from you! Please send press releases to RGEditor@ PriorityMarketing.com.
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