Res Gestae - January 2023

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Agoston Law Group 15

AIM Target Programs, Inc. 7

Aloia, Roland, Lubell & Morgan, PLLC 39

Arend & Sisk, P.A. 7

Barbara M. Pizzolato 17

Boy, Agnew, Potanovic, Miller 11

Brazzeal Mediation 11

Calvo & Calvo Attorneys at Law 29

Cheffy Passidomo Attorneys at law 18

Dal Lago Law 35

DeMine Immigration Law Firm 32

Donna (Tisch) Lugar 23 Edison National Bank 40

Frank Piazza, P.A. 26

Gulf Coast Business Bank 2

Christina Mehta, LLC Realtor 17 Law Firm of Scott T. Moorey 34 Law Offices of Dennis L. Webb 13

Leonard P. Reina 32

McHale, P.A. 17

Men's Rights Law Firm 33

Musca Law Office, Inc. 3

Pavese Law 18

Perado Technologies 9

Priority Marketing 33

Roetzel & Andress 13

Roetzel & Andress 23

Senior Advocacy Group 15

Spivey Law Firm Personal Injury 5

Stockman Mediation 34

The North Law Firm, P.A. 37 Wright Mediation

SWINGING for the fences

As we step up to the plate to start a new season for the 2023 Lee County Bar Association, I have to recognize the challenges we have faced this past year. Lee County has suffered so much from the terrible power of Mother Nature, but the people have shown that they can, and will, bounce back even stronger than before.

This past year has shown awesome resilience by the Southwest Florida Community in the aftermath of the devastation caused by Hurricane Ian. I would be remiss if I did not recognize how hard it has hit our community, including many of those in our legal community.

The Lee County Bar Association will work to be a resource to help those who have been affected by the storm, and conduit for those needing legal help. We have co-sponsored multiple pro bono Hurricane Ian Relief Legal Clinics with the Calusa Inn of Court to aid the community at large, and will continue to offer these into 2023. To help our legal community, we have partnered with the Lee County Bar Association Foundation to create the LCBA and LCBA Foundation Hurricane Ian Relief Fund. Those members of the legal community who are in need from Hurricane Ian should contact the Bar Office or the Foundation to apply for assistance.

LEE COUNTY BAR ASSOCIATION

ADMINISTRATION

Executive Director Lauren Baugh

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. John Miller, III, Esq. Jerry Olivo, 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

Administrative Assistant Mairelis Tamayo

President Emeritus Tiffany Pereira, Esq. Secretary TBA Treasurer John Miller, III, Esq.

JUDICIAL LIAISONS

Hon. Robert Branning Hon. Devin George

LCBA Foundation Charity Golf Tournament

Kenneth Jones, Esq. Shannon Puopolo, Esq. Mock Trial

Eunice Gedeon, Esq. Shaina Zuppke, Esq. Paralegal TBA

Pro Bono

The bar itself has a great year of activities on deck. One of my goals will be to bring people together. After pulling back first because of the coronavirus and more recently from the storm, we are looking to increase the social activities provided by the LCBA.

E. Bruce Strayhorn, Esq. Jenna Persons, Esq. Law-Related Education T. Terry Rankin, Esq. Law Week Hon. John Carlin

PRACTICE SECTION CHAIRS

We plan to build on our sections by keeping them active and continuing to provide CLE programs as a value for LCBA members. We plan to continue some of our popular programs such as the Bench Bar-B-Q and Shrimp Boil, Burritos with the Bench, the Downtown Dash and, of course, enjoying a game with the Fort Myers Mighty Mussels. We missed having our Annual Bench Bar Gala this year, but that will return bigger and better than ever! We may even bring back some activities of years gone by – possibly an out-of-town retreat or a spring training game group outing. Who is ready for some baseball?

Everything will be posted on our website, and we encourage everyone to follow us on Facebook. The entire Lee County Bar Association team hopes that more and more people will join our events in 2023. We really plan to knock it out of the park!

Alternative Dispute Resolution

Anne Dalton, Esq.

Appellate Law

Alex Brockmeyer, Esq.

Corporate Law

TBA

Criminal Law

Kathleen Fitzgeorge, Esq. Agnieszka Osowicka, Esq.

Elder Law

Blake Hampton, Esq.

Amy McGarry, Esq.

Family Law

Kayla Richmond Miller, Esq. Danielle Seitz, Esq.

General Civil and Business Litigation

Carlos Kelly, Esq.

Immigration law

Nirupa Netram, Esq.

Indera DeMine, Esq.

Intellectual Property Law

Mark Nieds, Esq.

Holly McFall, Esq.

Land Use and Governmental Law

Sarah Spector, Esq.

Erica Woods, Esq.

Real Property, Probate and Trust Law

Kenneth Kemp, Esq.

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

Robin Merriman II, Esq.

Solo & Small Firm

Jarred Duke, Esq.

Robin Merriman II, Esq. John Webb, Esq.

Andrew Banyai, Esq. Michelle Trunkett, Esq. Spencer Cordell,

Tort Litigation

Diana “Dawn” Maselli, Esq. Diana Castrillon, Esq.

SWING batter, batter swing!

Here we are in January 2023. Can you even believe we made it through two years of COVID and then months (and some of us still going through) of Hurricane Ian and his aftermath?

I am exhausted from all of that, and the holidays, but I am all pumped up for the 2023 LCBA year and all the exciting things we have planned for you!

By now you have figured out that our magazine, Res Gestae, has a new look! SURPRISE! We got a facelift, and we feel wonderful. New year, new magazine, new president, new YLD president, all the shiny new things!

Please come join us for FREE at our Annual Swearing-In Luncheon. Judge Chris Brown will swear in Spencer Cordell, Esq. as our 2023 LCBA president, as well as our full Board of Directors and the YLD board. Please see our website to register to attend! We cannot wait to see you there. Following the luncheon, we are hosting a reception at the Lucky Screw.

To kick off this year, we are hosting our first social, themed “Beginning of the Year Bar Bash,” at The Edison on January 26 from 5:30 p.m. to 7:30 p.m. This free event will give you a chance to come out to meet your favorite legal eagles and enjoy some libations and nosh!

If you have not already signed up to sponsor the LCBA, we want YOU! We offer a wide variety of sponsorship packages to support the bars activities and get YOUR name out there to the membership, legal community, and all our readers! As I have always said, my door is open, if you want to talk shop and spitball ideas for the LCBA, whether that be an event you want to see us host, a CLE that interests you, or what we could be doing to help the local legal community or community at large. Please call me, email me or come to the LCBA headquarters. Your ideas and input matters! Many of you have reached out to me asking me where I am going next for “The Dish,” and I usually do not know. If you have a place that you want to know more about, let me know! I am always looking for ideas on where to go.

I wanted to take this last sentence to thank our sponsors who continue to support me, my ideas, the LCBA in all its efforts and the legal community as a whole. I look forward to bringing new sponsors in and bringing continued sponsors back. Without sponsorship, we are not able to host the amazing events we do annually.

Lauren Baugh, Executive Director

LBaugh@LeeBar.org | 239.334.0047 Ext. 102

RES GESTAE

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

Creative/Art Director

Christi Finger

Graphic Designer Lynsey Gill

Contributing Writers

Casey Gartland, Esq. Chris Smith, Esq. Henry Lee Paul, Esq. Lauren Baugh Matt Roepstorff, Esq. Spencer Cordell, Esq. Tiffany Pereira, Esq.

Contributing Photographers

Jim Jett Photography Shane Antalick

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

Speaker: Richard Mancini

MLK, Jr. Day - LCBA and courts closed 19 LCBA Family Law Bench and Bar Social Time: 4 p.m. to 6 p.m. 20 LCBA Swearing-In Luncheon Time: 11:30 a.m. to 1 p.m. Location: Sidney & Berne Davis Art Center Free to all LCBA and non-LCBA members 20 LCBA Swearing-In Reception Time: 1 p.m. to 3 p.m. Location: The Lucky Screw Free to all LCBA and non-LCBA members 26 Beginning of the Year Bar Bash Time: 5:30 p.m. to 7:30 p.m. Location: The Edison Restaurant Free to all LCBA and non-LCBA members

LCBA'S 2023 EVENTS

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.

Henry Lee Paul, Esq.

COURT FINDS REFUSAL TO FOLLOW RULES IS DISHONEST

The Florida Supreme Court suspended a lawyer for 91 days for not complying with the 10-day notice provision of Fla. Fam. L. R. P. 12.351 (Production of Documents and Things Without Deposition). In imposing discipline in The Florida Bar v. Arugu (SC21-933), the Court found that "such conduct demonstrates disrespect for the court and is destructive to the legal system as a whole.”

Rule 12.351 allows a party to seek production of documents from a nonparty by issuance of a subpoena. However, prior to issuance of a subpoena, there are procedural requirements that must be followed. Notice to all parties of intent to serve the subpoena must be provided at least 10 days in advance of service. The subpoena may not be served if any party objects. If there is no objection, the subpoena may be served, provided it is “identical to the copy attached to the notice.”

There was no objection after the required notice was provided by Mr. Arugu. However, when he served the subpoena, additional items for production were added that were not included in the subpoena attached to the notice. Opposing counsel immediately contacted Mr. Arugu and objected to the subpoena and requested that it not be served or that it be withdrawn if already served. Opposing counsel stated that subpoena was “materially and substantially different” from the noticed subpoena and that it did not comply with the rule.

Mr. Arugu took issue with the characterization by opposing counsel and argued that the subpoena was not “materially and substantially” different from the one attached to the notice. The Court found that by parsing words with opposing counsel and serving the modified subpoena, “Arugu knowingly flouted an obligation under the rules of a tribunal, in violation of Bar Rule 4-3.4(c).”

Mr. Arugu never advised the recipient of the subpoena about the objection to the subpoena and the requested documents were produced. The Court found that this conduct was far more egregious than just a failure to follow the rules. The Court took exception with Mr. Arugu’s attempt to redefine

the rule and found that “he knowingly disregarded the objection and served the subpoena…with no mention of the objection.”

The Court made no finding as to the materiality of the additional documents requested in the served subpoena. Instead, the Court made the point that “partially true but misleading statements as well as omissions can constitute a misrepresentation.” Failing to inform the recipient of the objection to the modified subpoena was a misrepresentation that was in violation of dishonesty rules 4-4.1(a) (Truthfulness in Statement to Others) and 4-8.4(c) (Dishonesty, Fraud, Deceit, Misrepresentation).

Violation of such rules is generally considered a basis for a “rehabilitative” suspension of 91 days or greater. A rehabilitative suspension requires application for reinstatement, proof of rehabilitation, and approval of the Court before the suspended lawyer can resume the practice of law.

As we go into the new year, the Court continues to remind members of the Bar that it will not tolerate a parsing of duties owed to the legal system.

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.

Christopher Smith, Esq. is a partner at Goldstein, Buckley, Cechman, Rice & Purtz, and can review insurance policies (a good idea prior to the next storm season), document or submit claims, respond to coverage denial or pursue litigation.

WEATHERING AN INSURANCE CLAIM STORM

In the aftermath of the historic storm, many homeowners and businesses are dealing with severe damage to their property. At the same time, they are also dealing with insurance companies that do not always have their best interest. Recovering fair value for your claim can sometimes result in a lengthy battle with insurance companies.

Insurance companies will often make low-ball offers, hoping the desperate insured will take it. Another tactic is often to deny coverage. Records from the Florida Office of Insurance Regulation show that insurance companies denied roughly 30% of the nearly 1 million claims filed after Hurricane Irma in 2017.

We are already handling many claims where there have been low-ball offers. For example, in the situation where there is roof damage, we often see the insurance companies sending out adjusters to do cursory inspections. They are not doing a full roof inspection, even after an inspection by a roofing contractor indicates a new roof is needed. The insurance company offers an amount that would allow for minor repairs to the roof, rather than a roof replacement.

We are also seeing many business claims (including our own, as our downtown Fort Myers office was flooded). Business insurance policies are designed to protect businesses owners, their investment, their employees and their bottom line. However, sometimes getting the funds needed to rebuild from insurers does not happen as quickly as the damage. According to the Federal Emergency Management Agency (FEMA), about 25% of businesses do not reopen after disasters.

If your building floods and you have a standard commercial building insurance policy, it probably won’t cover your losses. Home-based business owners should not rely on homeowner’s or renter’s insurance either, as homeowner’s policies may exclude coverage for commercial property.

Because many people and businesses, particularly where inland flooding occurred, do not have National Flood Insurance Protection, companies sometimes

debate whether a client’s home was destroyed by floodwaters or by wind. We have seen claims denied where damage was caused by rain through a hole in the roof, but the insurance company said the damage was caused by flooding! In other cases, they may try to claim they do not have to cover anything if damage was caused by both flooding and wind.

Most of the claim denials we are seeing are in the situation where the home is no longer standing or has major damage. The wind insurer alleges that the damage was done by flooding and denies the claim. In this case, experts can look at the property and make a determination of whether wind or flooding caused the loss.

In 45 states in the U.S. (including Florida), insurance policies have a (heavily buried) clause that allows insurers to deny claims if two catastrophic events occurred simultaneously and one of those events was not covered, like wind and flooding.

According to the Insurance Information Institute, businesses and homeowners should take six steps to prepare for the claims process:

1. Contact your insurer as soon as possible to start the claims process.

2. Make temporary repairs and secure your property.

3. Collect business records, such as the value of damaged equipment, inventory or structures, proof of business income and financial documents.

4. Keep a detailed record of expenses incurred, such as cost of conducting business from a temporary activity, expenses continued while business was suspended, and losses that hamper your ability to operate.

5. Photograph debris or destroyed items and ask your insurer if debris can be removed. If you must dispose of damaged items, be sure to photograph and take video of damage.

6. Stay organized, retaining claim reference number, adjuster and who you talk to and when.

WELCOME, NEW MEMBERS

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

ADAM BLEGGI, ESQ. Berlin Patten Ebling, PLLC.

ADRIAN COLLINS, ESQ. Cole, Scott & Kissane, P.A.

LUKE KANE, ESQ. Pavese Law Firm

ANNA KEGELMEYER, ESQ. Boyle, Leonard & Anderson, P.A.

ZACHARY LIEBETREU, ESQ. Roetzel & Andress, LPA

STEPHEN SMITH, ESQ. Boyle, Leonard & Anderson, P.A.

Casey Gartland, Esq. is a civil litigation attorney with the Pendas Law Firm’s Fort Myers office where he represents clients who have been injured or killed as the result of negligence, greed or carelessness. He specializes in car and truck crashes, premises liability, insurance bad faith, property damage claims, product defect and Traumatic Brain Injury (TBI) cases.

LEANING INTO THE CURVE AS A YOUNG LAWYER

Let us set the stage! It’s Monday at 8 a.m. and here you are, squabbling with opposing counsel about discovery. You have drafted your motion or response, researched the legal issue, found some solid cases or statutes on point for your argument and outlined your argument. You are ready to go to battle for your client!

As you tiredly and anxiously stare at your ZOOM screen waiting for the judge to call your case up for hearing, it happens… You start to do what every young lawyer does, sometimes even without being cognizant of it. You begin to doubt your position, the legal authority you found, the legal authority you didn’t find, your client, your case and, most sadly, yourself. Yesterday as you were finishing your prep, you were feeling confident about everything, so what happened? You have zipped by the lawyer learning curve!

The rest of the story does not matter. This article is about how to lean into the lawyer learning curve as a young lawyer and swing away! Any honest lawyer will tell you that they have all won hearings they should have lost, and lost hearings they should have won. This sort of thing is part of the game, and it is our jobs as advocates for our clients to play the game within the confines of the rules, as best we can.

PRACTICAL TIPS TO AVOID GETTING ZIPPED BY THAT CURVE

Tip #1: Put in the time and do the work. If you put in the time to research your issue and can cite to legal authority that is in your favor, you are setting yourself and your client up for success. If you combine that by doing the work to make sure your motion or response is tight and you prepare an outline for every hearing you do, you can swing away with confidence. This does not mean that you are always going to hit a home run, but even the greats swing and miss sometimes. It is less about the result and more about the prep. So put in the time and do the work.

Tip #2: Believe in yourself and your abilities. You spent years in law school and countless hours reading and briefing cases that break down complex

legal doctrine. Even the Florida Bar believes in your abilities. Otherwise, you would not have gotten your bar number or that fancy bar card. Even your firm and client believe in you. The fear of the unknown and unfamiliar can be crippling as a young lawyer, but you know more than you think you do. If you put in the time and the work, be confident in your position.

Tip #3: Pick up the phone and call opposing counsel. A quick phone call with opposing counsel can resolve most legal disputes, if you just talk simply and “off the record.” Do not talk to them like a lawyer; talk to them like a professional who you respect. Even if you cannot work out the specific issue, if you are professional and humble, opposing counsel will remember that and down the road, you likely will be able to work more collaboratively on something… maybe even at mediation! It is also important to pick up the phone and call opposing counsel because it is required in order to satisfy the meet and confer requirements before having a hearing on a matter. Judges do not like having to handle a hearing on a matter where counsel were too proud or lazy to pick up the phone and try to work it out themselves. We do not always need to fight each other in front of an umpire who calls balls and strikes.

Tip #4: When your swing has a hitch, go back to basics. When you get stuck, consult the 2021 Florida Handbook on Civil Discovery Practice, which is put out by the Trial Lawyers Section of the Florida Bar. It is available at FloridaTLS.org. The handbook is 242 pages, chock-full of information and legal authority for almost any discovery issue that you can face as a young lawyer. It is a great starting point to make sure you don’t strike out when you get on Westlaw or LexisNexis to do your in-depth legal research. The best part is that the handbook is free!

As a young lawyer, follow the four tips outlined above and you will be primed to lean into the lawyer learning curve with success. I hope this article helps all young and new lawyers in the Southwest Florida area grow confidence and swing for the fences in 2023!

HITTING IT OUT OF THE PARK IN 2023

By Kathy Becker, Associate Editor Shane Antalick

PRESIDENT SPENCER CORDELL PITCHES HIS IDEAS FOR 2023

Criminal defense attorney Spencer Cordell, Esq., understands that being a team player makes him a better competitor in the courtroom. This desire for collaboration among lawyers shapes his goals for his year as president for the Lee County Bar Association (LCBA).

Spencer first became involved with LCBA through the Young Lawyers Division shortly after arriving in Fort Myers in 2004. He quickly found value in the opportunity to network with his peers.

“Connectedness makes for a happier, healthier Bar with professionalism and collegialism making everyone’s practice more pleasant,” he said. “It’s important for attorneys and judges to connect in a non-courtroom, non-adversarial environment. Particularly practicing in a small town, having rapport with someone helps with pleas and negotiations and makes cases go more smoothly.”

“Because many activities in the past couple of years had to be cancelled due to COVID and most recently Hurricane Ian, I want to do some things in 2023 to bring attorneys together,” he said. “More people are working remotely, so I want to expand the social and in-person activities for the membership to be able to talk, meet and hangout. I want to be sure we continue activities like the Shrimp Boil, Burritos with the Bench and restore our gala, which had to be cancelled because of Hurricane Ian.”

An avid baseball fan—starting with the Cincinnati Reds when he was growing up, then adding the Boston Red Sox when he was in law school— Spencer is a sponsor and season ticket holder for the Mighty Mussels. Naturally, he hopes to also add baseball outings to the LCBA calendar.

LCBA activities that were successful in the past, like the out-of-town retreat that was held

ABOUT SPENCER CORDELL

ADMITTED TO THE FLORIDA BAR: 2004 EDUCATION

University of Miami in Ohio, BA - Arts & French BS - Mass Communication Boston University School of Law, Juris Doctor, 2004

CREDENTIALS

Board-Certified in Criminal Trial Law Since 2013 Super Lawyers

Member of the Florida Association of Criminal Defense Lawyers (FACDL)

Past President of the FACDL

Current Lee County Chapter Representative for the Statewide FACDL

LCBA SERVICE

Young Lawyers Division President, 2012

Bar Association Board, 2016-2017

2019 - Present Treasurer, 2021

several years ago, are also in his game plan. His vision fits someone who says his dream side-hustle would be to operate a restaurant, likely a steakhouse. “I love food and the social aspect of breaking bread with people. Business opportunities and social opportunities go toward supporting mental health and personal satisfaction. I’m a social guy. I like seeing people,” he said.

For Spencer, these experiences in sports, communication and radio are all about connecting. Connecting with other attorneys, even some who may be opposing counsel, makes the law better for everyone. “The resolution is more likely to be mutually beneficial if you know the other side.”

He knows the connectedness the LCBA offers is especially important for young attorneys and sole practitioners. He feels fortunate that his first job at the State Attorney’s Office allowed him to meet a lot of people. But the LCBA has been his steady support system and allows him to make friends in the profession.

“It’s a conduit to get to know people outside your practice area. You also get advice from people in your practice area and network,” he said.

Practicing the Law

Spencer’s interest in the law was fostered at an incredibly early age. His mother was pregnant with him while in law school. As an infant, she would read him to sleep doing her law school homework.

Despite this early law education, his dual major at Miami University in Ohio was in communications and French, with a minor in film studies. Spencer first thought he might like to be on TV news and wrote for the school paper. The law was never far away, however. In high school and college, he participated in Mock Trial.

After he graduated from college, Spencer got a job at a modern rock radio station in Oxford, Ohio. After about a year, he decided to go back to school and headed to Boston University School of Law. While in college, he worked in a clinical program that gave him courtroom experience. “By my third year, I decided I wanted to be in a courtroom and to be a litigator,” he said.

Following three cold winters in Boston, he headed to Florida in 2004, where his parents have a winter home. He landed a job in Punta

Gorda at the Office of the State Attorney, 20th Judicial Circuit.

After about a year and a half, he transferred to the Fort Myers office as a felony prosecutor, serving for another year and a half. His mentor in that office was Assistant State Attorney Dan Feinberg, who taught him the importance of justice. “As a prosecutor, you have a lot of power. But justice is finding an appropriate resolution for all,” said Spencer.

Before starting his own practice in 2011, Spencer worked as a criminal defender and personal injury attorney at Brown, Suarez, and Rios & Ruhl – now Brown, Suarez, Rios & Weinberg, P.A. One of his mentors there, Chris Brown, helped him learn to see the bigger picture.

“It’s so easy to get focused on the minutiae and the details,” he said, using the example that inspired the novel Les Misérables. In Victor Hugo’s book, an out-of-work peasant steals a loaf of bread in order feed not just himself but his sister and her seven children.

“I’ve learned that there is always more to learn,” he said.

The Big Picture

Finally, Spencer would also like to strengthen the bigger picture of the Bar in the community through the Lee County Bar Association’s Foundation.

“We give out tens of thousands of dollars to the community,” he said. “I’d like to expand that. The hurricane and COVID upheaval hurt our fundraising efforts. This included postponing important fundraising events like the wine tasting, even when the need for grants continues to be high. It’s all about making connections between people and resources.”

SPENCER CORDELL, ESQ. WILL BE INSTALLED AS PRESIDENT AT THE ANNUAL SWEARING-IN LUNCHEON ON FRIDAY, JANUARY 20, AT THE SIDNEY & BERNE DAVIS ART CENTER IN DOWNTOWN FORT MYERS. REGISTER ONLINE AT LEEBAR.ORG

CAMARADERIE, COLLABORATION & COMMUNITY

Lee County has grown exponentially in recent years. As its population has increased, so have the number of attorneys who practice in the Southwest Florida region. Some are individual transplants, while others have joined a satellite office or found an opportunity within an expanding practice.

This creates an opportunity for the Lee County Bar Association (LCBA) and its new president, Spencer Cordell. The challenge ahead lies in uniting the two groups of attorneys – new and established – within Lee County’s legal community. As Spencer shared in his President’s Letter on page 6, the key is the connectedness that LCBA offers its members and guests.

It’s clear that LCBA’s past presidents agree with Spencer’s philosophy. Many embraced similar sentiments during their terms in office,

setting goals to increase event participation, community involvement, collaboration between members, and more.

During his year as president in 2006, Tom Smoot, III prioritized an impressive schedule of events and initiatives with the goal to bring lawyers together to enjoy meaningful networking. “An essential part of the Bar is the socialization and camaraderie,” said Tom. “Lawyers need good personal relationships with one another, so that they’re able to see a person on the other side of an email.”

As a sixth-generation Floridian and 30-year member of LCBA, Tom worked hard to build personal capital with members, in order to increase attendance at LCBA events during his term. “Part of the fun was seeing ‘new but old’ faces at the events – attorneys who have been practicing for years, but that you hadn’t seen in a while,” he said.

By Sarah Nadal, Editor

Portions of this article include excerpts from previous issues of Res Gestae.

John Agnew, past president in 2014, similarly focused on increasing engagement during his term. “Lee County [is] facing similar issues lawyers face nationwide, which is trying to effectively manage busy practices, while also seeking to improve access to justice for those in need,” said John.

“From my perspective, every attorney should focus first on personal excellence and being thoroughly knowledgeable in his or her field. Law firms focused on the long run should reinforce that priority and focus on creating a culture of appreciation and community involvement,” he continued.

His advice for future LCBA presidents like Spencer? “Make sure you listen to others. It is certain your colleagues will have opinions – they are lawyers after all. Listen to them, take surveys, participate in focus groups, vet your ideas with others and remember being a leader is not about you as a leader, but about how you can help the members of the LCBA grow.”

services, creating a hotline for public calls, hosting monthly educational sessions and much more.

Throughout it all, LCBA members came out of the woodwork to support the association’s efforts during those difficult times. Marcy collaborated with and received resources from her fellow LCBA members, who were willing and able to collaborate and provide solutions. With the support of her legal community, much was accomplished that year.

Her takeaway? “Don’t be afraid to tap into the generosity of the Lee County legal community. They will always answer the call for help,” said Marcy.

PAST PRESIDENTS

JOHN AGNEW

Past president Marcy Shaw knows exactly what he means. After kicking off her presidency in 2008, Marcy set about establishing a greater presence within the non-legal community while creating stronger connections between the Collier and Lee County Bar Associations.

She also presided at a time when the housing market crashed and sent the nation reeling. During these unexpected and challenging circumstances, Marcy spearheaded a number of programs to support the local community. These included offering pro bono

Judge, attorney and past president Kathy Sturgis would agree. During her 1992 term in office, her Honor encouraged attorneys to help others by taking pro bono cases on behalf of their community. Then in late August, Florida weathered Hurricane Andrew. In response, Judge Sturgis organized a group of lawyers to provide legal housing and insurance services to those in the Homestead area. She saw the importance of engaging and collaborating with LCBA members to demonstrate goodwill within the local community.

The common thread of these past presidencies? Each took collaboration, connections and community to new heights during their time in office. And, according to these LCBA past presidents, it sounds like Spencer’s vision for 2023 is right on the mark.

IT’S TIME TO GET INVOLVED!

View and register for upcoming events at LeeBar.org

Here’s to collaboration, connections and community in 2023!

“

BEING A LEADER IS NOT ABOUT YOU AS A LEADER, BUT ABOUT HOW YOU CAN HELP THE MEMBERS OF THE LCBA GROW.

John Agnew 2014

Marcy Shaw 2008

Tom Smoot, III 2006

Kathy Sturgis 1992

UNITING BUSINESS VISIONARIES & INVESTORS FOR THE GOOD OF LEE COUNTY

Formed alongside the Horizon Council in 1991, the Horizon Foundation is a 501(c)(3) nonprofit organization providing opportunities for public-private partnerships and businesses to invest in the longterm prosperity of Lee County’s economy. Lee County is growing at an exponential speed and has become a hub for aviation and aeronautics, retail, construction firms and insurance businesses.

The Horizon Foundation comprises a collective of forwardthinking business executives representing almost every industry. Their goals include inspiring more growth and ensuring that the county can recruit and retain the right companies, while also maintaining and improving Lee County’s standard of living. By building a strong economic base – created and supported by investors – the Horizon Foundation pushes for

higher wages for workers, a better and more robust educational system, attainable housing and investment in infrastructure, intended to raise the quality of life for all residents.

This nonprofit organization is funded by investors who make contributions on a yearly-commitment basis. Investor funding is used for marketing purposes in tandem with the Lee County Economic Development Office, with the goal to make Lee County the best place to conduct business. The Horizon Foundation also stages the annual Industry Appreciation Awards, and has served as a three-year sponsor of the Edison Awards.

Learn more at HorizonCouncilFoundation.com

FESTIVE & BRIGHT

The Lee County Bar Association welcomed more than 115 guests for its Annual Holiday Party, held on Thursday, December 8 at the historic Burroughs Homes & Gardens in downtown Fort Myers. As music floated through the riverfront venue, guests enjoyed an open bar along with a catered dinner reception prepared by G3 Catering. Many thanks to the holiday party sponsors who helped make this event a huge success!

1. Tiffany Pereira, Cynthia Duff and Lauren Baugh 2. Lauren Baugh, Marcy Shaw, Ita Neymotin and Tiffany Pereira 3. Courtney Dorsey and Brian Riley 4. April and Peter Knize 5. Paul Thomas, Daniel Garza and Michael Raheb 6. Sarah Nadal, Teri Hansen and Elise Rose 7. Blake Hampton, Spencer Cordell and John Webb 8. Andrea Pleimling Smith and Chris Smith 9. Hon. Kevin Karnes, Yesenia Williams, Hon. Linda Doggett, Michael Healy and Joseph Abreu 10. Steve Sutphin, Lauren Baugh, Kevin Kendrick, Iris Elijah, Tiffany Pereira and Travis Russell 11. Hon. James Adams, Hon. Linda Doggett and Hon. Kyle Cohen 12. Joe, Habanos Smoke Shop Inc. For more pics, check out the gallery at LeeBar.org

A RESTAURANT THAT’S CREATING All the Buzz…

Downtown Fort Myers has always had quite a few unique places where you can go to hang out, eat or shop. On this day, I ventured to one of the most unique places that I have seen come into downtown Fort Myers: Buzzeez! This place features some of the oddest yet coolest artwork on the walls. But, the unique features do not stop at the walls. This place has a countertop where you can order, sit and eat, alongside various tables and a couch where you can do the same. The last time I saw a countertop where you could sit and eat at was at The Snack House! So, there is a sense of nostalgia there.

Spencer Cordell and I wanted to meet to finalize our 2023 LCBA plans, and he picked this restaurant. It made sense, because it is as unique as he is! We began to read the menu and both laughed as we saw the two sections to choose from: The Outlawed Sandwiches and The Gangster Franks, respectively.

I spotted a gyro and could not resist this, as our server stated that they make their own lamb gyro meat. I imagined them back there, slicing that piping hot meat straight from the large skewer, and had to have it! I went with the Fat Tony the Greek Authentic Gyro. Spencer opted for the The Monte Cuban, with no pickles. (If you did not know this about our LCBA president… He does not like pickles!)

As we sat there, taking pictures, I could not help but notice the bear skin on the ceiling. I found this oddly fitting for this place, but also comical, in that it is more than random! We talked business and waited for our food to be delivered, watching locals come in and chat with the staff, sit at the counter and order their favorites.

It is obvious that some locals come here daily, and that told me we are in for a treat. With so many places to choose from for lunch in downtown Fort Myers? If you have regulars, that means there is something worth coming back daily for, and Spencer and I were about to find this out!

Our friendly server came out with our meals and we both salivated as we looked at them, and then we chowed down! I am beyond impressed with my gyro, from the meat to the feta cheese. Everything tasted so fresh!

Spencer was very excited with his Cuban. He noticed that rather than two types of pork, this Cuban has turkey. This is a refreshing surprise for him!

Between the unique atmosphere and the sweet spin on classics, Buzzeez is nothing short of worth checking out.

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

HOURS OF OPERATION

Monday – Saturday 8 a.m. to 2:30 a.m. Sunday 1 p.m. to 2:30 a.m. 2400 First Street, Suite 101 Fort Myers, FL 33901 (239) 288-5983

DON'T KNOW ABOUT ME

h Melissa Sherman

I have spent 99.9% of my life in Florida. My parents moved to Naples from Aspen, Colorado for the warmer climate. Also, my mother thought hurricanes might be more predictable than tornados.

I met Travis Barker. During the Warped tour, I worked as a restaurant hostess at the Marriott Orlando Downtown. Travis came in for a meal during a quiet shift, and was nice enough to give me an autograph!

I keep a pocket copy of the constitution near my workfrom-home desk. I have been taking criminal defense cases as a private attorney for more than a year now, and it reminds me of why I do what I do.

I’m a huge advocate for working out. When you do hard things in one area of your life, it makes doing tough things easier, because you know you have what it takes. Not only does my home gym help me stay in great fighting shape for trials, but it also improves my overall wellness and longevity.

In my experience, there is almost nothing you can’t fix. Don’t be paralyzed by the fear of making a mistake. Just do your best! Especially in the criminal defense field, you shouldn’t take the first “no” you receive as the final answer. Persistence works, so keep asking and don’t back down.

IS YOUR FIRM PART OF THE 100 CLUB?

Any firm with two or more attorneys and 100% membership in LCBA qualifies.

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 Che Diaz Law, LLC.

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

Dal Lago Law

Freidin & Inglis, P.A.

Garvin Law Firm

Goldberg Noone Abraham Personal Injury Attorneys 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 Kelleher Law

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.

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, P.A.

If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.

30 YEARS OF MAKING PEOPLE THE PRIORITY

When Teri Hansen, APR founded Priority Marketing in 1992, she didn’t start with a business plan. The company was sparked by her passion for taking care of family, clients and the community, and it quickly grew based on this heartfelt approach to service.

Three decades later, Teri’s original vision has guided the growth of the agency, which is now comprised of more than 50 creative and strategic professionals who have served thousands of clients throughout Southwest Florida and beyond. The Priority Marketing “tribe” takes great pride in practicing ingenuity and embracing new technologies and innovations to give their clients the full scope of marketing solutions backed by measurable results.

While the company has enjoyed many award-winning moments, the agency’s brightest accomplishments connect directly to making our community a better place to live, work and play. That’s why Teri and her team have donated more than $4 million in pro bono services to local causes.

Although a lot has changed in 30 years, Teri and her entire team are honored to be part of the growth and innovation that continues to transform Southwest Florida.

Beginning with the January 2023 issue, Priority Marketing is the new publisher of Res Gestae, and the partnership with the Lee County Bar Association is one that both organizations look forward to enjoying for many years to come.

CONTACT INFORMATION 239.267.2638 PriorityMarketing.com 12140 Carissa Commerce Court, Suite 201 Fort Myers, FL 33966

IN THE NEWS

MAKING IT OFFICIAL

Jonathan Martin and his family pose during his official swearing in to the Florida State Senate District 33 seat. He won the general election on November 8, 2022 and will serve in office for the next four years. Martin previously served as the chairman of the Lee County Republican Executive Committee.

TAKEN UNDER ADVISEMENT

This summer, the Florida Bar will launch a mentoring program with personalized matching technology for beginning lawyers. Participants can register in minutes at MentorCliq.com. After filling out a digital questionnaire, an algorithm will provide a choice of matches, each rated for compatibility by percentages.

HOLIDAY CHEER

As 2022 came to a close, the Regional Conflict Counsel’s Office of Criminal Conflict and Civil Regional Counsel, Second District, gathered its team together to celebrate with a holiday potluck. The office employs seasoned attorneys, paralegals, legal secretaries, law clerks and investigators to thoroughly represent their clients.

LOOKING FOR LEADERS

Continuing its practice of public involvement, The Florida Bar is now seeking a new nonlawyer to serve on its governing board. The Board of Governors oversees the Bar’s lawyer discipline program, continuing legal education programs, legislative activities, and the overall administration of The Florida Bar. Only 12 other state bar associations have public members on their governing boards.

THE REAL ESTATE OF AFFAIRS

Henderson, Franklin, Starnes & Holt, P.A. is pleased to announce that real estate attorney Colby Keefe has been elected a stockholder. She relocated to Southwest Florida to join the firm’s Real Estate Department, bringing an understanding of the complex nuances of association operations while working closely with board members, management firms and community association industry professionals.

ADVICE GRANTED

Last month, The Community Foundation awarded a $5,000 grant to Lee County Legal Aid Society for a “Just for Seniors” legal advice series of seminars in the 2023 season. Pictured left to right: President Christopher Whitney, Esq., Executive Director Andrew J. Banyai, Esq., Legal Director Blair DeMinico, Esq. and Development Director Nanci DuBois

Standing Strong Community. with Our

When Edison National Bank opened its doors in 1997, we commemorated the occasion by planting a Royal Palm. Today, that tree is a testament to 25 years of service. We’re standing strong and continue to plant the seeds of trust and loyalty. As the oldest locally owned and chartered community bank in Lee County, our roots go deep in the community, and we remain unwavering in our commitment to your banking needs.