Res Gestae - Sept. 2023

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

STRAIGHT TALK ABOUT STRESS in the Legal Profession

Addressing MENTAL HEALTH in Our Community

ALSO INSIDE: 2023 YLD Olympics

Challenge Results

SEPTEMBER 2023

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.

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KEY CONTACT: JAMIE SCHWINGHAMER | JSCHWINGHAMER@RALAW.COM

I hope everyone has had the opportunity this summer to travel a little bit. It's important to be able to get out of the office some, and hopefully even get a break out of state to escape the intense Florida heat and humidity that have been so strong this year.

I was fortunate to be able to take a trip out west. The whole family got to go up in the mountains –and the weather was substantially milder than the weather here in the south. It was a really special trip, from horseback riding, wildlife sighting and seeing the natural wonders of some of our great national parks to spending time with family.

It's so easy to get so caught up in your practice of law that time can slip away. This profession and its demands are particularly challenging to have the opportunity to spend time with loved ones.

It is also extremely important for lawyers to find that time to get away from the rigors of the practice of law. I recently had a conversation with a friend who expressed feelings of burnout from the grind of legal work. It’s a very real issue for attorneys. You don’t have to travel out west to get a feel for nature. Florida has 175 state parks! Some located in Southwest Florida include: Charlotte Harbor Preserve Park, Koreshan State Park, Delnor-Wiggins Pass State Park, and the jewel that is Lover’s Key State Park with two miles of beach. Lee County has dozens of parks, recreation areas and campsites as well. School is back and work is busy, but make sure to take some time to charge your batteries. It may take some work to set aside the time or to make plans, but those efforts will be rewarded by multiples.

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.

Travis Russell, Esq.

Douglas Szabo, Esq.

COMMITTEE CHAIRS

Bench-Bar Gala

Diana “Dawn” Maselli, Esq.

Diversity and Inclusion

Ita Neymotin, Esq.

Health and Wellness

Hon. Kimberly Davis Bocelli

John Miller III, Esq.

History

Jenna Persons-Mulicka, Esq.

E. Bruce Strayhorn, Esq.

Law-Related Education

T. Terry Rankin, Esq.

Law Week

Hon. John Carlin

PRACTICE SECTION CHAIRS

Alternative Dispute Resolution

Anne Dalton, Esq.

Alexandra Kleinfeldt, Esq.

Appellate Law

Alex Brockmeyer, Esq.

Corporate Law

TBA

Criminal Law

Asma Anwar, Esq.

Agnieszka Osowicka, Esq.

Elder Law

Administrative Assistant

Mairelis Tamayo

President Emeritus

Tiffany Pereira, Esq.

Secretary

Jerry Olivo, Esq.

Treasurer

John Miller, III, Esq.

JUDICIAL LIAISONS

Hon. Robert Branning

Hon. Devin George

LCBA Foundation Charity Golf Tournament

Kenneth Jones, Esq.

Shannon Puopolo, Esq.

Mock Trial

Eunice Gedeon, Esq.

Shaina Zuppke, Esq.

Paralegal

TBA

Pro Bono

Andrew Banyai, Esq.

Peter Dennis, Esq.

Go watch the sunset. Go on a hike. Camp out under the stars Or heck, go hit an amusement park or beach resort… But, make sure to take the time to share for yourself and with your loved ones.

Blake Hampton, Esq.

Amy McGarry, Esq.

Family Law

Kayla Richmond Miller, Esq.

Danielle Seitz, Esq.

General Civil and Business Litigation

Carlos Kelly, Esq.

Immigration law

Nirupa Netram, Esq.

Intellectual Property Law

Holly McFall, Esq.

Mark Nieds, Esq.

Land Use and Governmental Law

Sarah Spector, Esq.

Real Property, Probate and Trust Law

Kenneth Kemp, Esq.

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

Robin Merriman II, Esq.

Solo & Small Firm

Conor Foley, Esq.

Tort Litigation

Diana Castrillon, Esq.

Diana “Dawn” Maselli, Esq.

Better Than Before

For some of us, the month of September holds some trauma from only a year ago. Each day of this hurricane season so far, I am remaining positive while keeping gas in my car and water at my house. This is something I did not take seriously last year. It proved to be difficult, but thankfully, I had some water and gas angels to lean on.

I was truly humbled and amazed at the help I received personally in such a tumultuous time, as did many LCBA members who were in need. There’s Tiffany Pereira and her fellow Florida Bar Young Lawyers Board of Governors who, through our now-current Florida Bar President Scott Westheimer and YLD BOG Warren Chin, brought down water, gas, propane and a grill, dog food, beer and other items we took for granted prior to Hurricane Ian. We also had the most delicious hot meals from Chick-Fil-A, thanks to our now-current YLD President Anisha Patel, as well as Warren Chin.

I was equally as amazed for another VBA to reach out and aid in funding a cause that helped others in our legal community when they needed it most. With the help of Holly Lipps and her board in Sarasota County, we were able to fund our LCBA/LCBAF Hurricane Ian Relief Fund with a $5,000 check! Additionally, the St. Petersburg Bar Association YLD recently donated $1,200!

Looking Ahead

LCBA is now in full planning mode for 2024 and welcomes ideas on events, CLE presentation, speakers and more. Last month, we focused on YLD events, as young lawyers are the future of the legal community in Lee County. If you have any in your firm or circle of friends, and they are not already involved, please encourage them to get active! This is the best way to gain referrals and mentors.

October is our Pro Bono Month! We are celebrating by recognizing those in our community who are willing to lend their services to those who need it most. We partner with the Lee County Legal Aid Society and Florida Rural Legal Services for this event, as those two entities offer pro bono legal services to our area. If you are able to donate some of your time to serve your community, please reach out to Andrew Banyai and Peter Dennis to learn how to help!

Finally, LCBA is seeking sponsors for our amazing Bench Bar Gala. If you are interested in sponsoring or purchasing tickets, please let me know!

The official award-winning publication of the Lee County Bar Association, which serves citizens and the legal community since 1949.

STAFF

Publisher

Teri Hansen, APR

Advertising Account Executive

Elise Rose

Editor

Sarah Nadal

Associate Editor

Kathy Becker

Alan Zagier

Editors In Law

Hon. Kathleen Smith

Tiffany Periera

Lauren Baugh

Creative/Art Director

Christi Finger

Graphic Designer

Lynsey Gill

Contributing Writers

Lauren Baugh

Magistrate Kimberly Bocelli

Holly Boldrin

Carlos Cavenago, III

Spencer Cordell, Esq.

Noelani Fender

Robin D. Merriman, Esq.

John Miller, III, Esq.

Christy O’Brien

Henry Lee Paul, Esq.

Kayla Richmond

T. Rankin Terry, Jr.

Ben Thomas

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.

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SPECIAL EVENTS CALENDAR SAVE THE DATE

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

SEPTEMBER 2023

4 Labor Day - LCBA and courts closed

8 LCBA RPPTL Section Virtual Brown Bag and CLE

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

Topic: Spousal Conflicts of Interest & Disputes in Probate and Guardianship

Speaker: Marve Ann Alaimo

Cost: FREE

14 LCBA ADR Virtual CLE

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

Location: Zoom

Topic: The Future of Mediation with Rule Changes

Speaker: The Hon. Hugh Hayes

Cost: FREE

14 LCBA Health and Wellness Committee

Time: 5:30 p.m. to 6:30 p.m.

Location: Fort Myers YMCA

Topic: Mindfulness Matters…How to Relax

Cost: FREE for LCBA members, but space is limited. RSVP at leebar.org

15 LCBA MAL Nominations Due

21 LCBA Criminal Law Section Happy Hour

Time: 5:30 to 7 p.m.

Location: Downtown Social House

Sponsor: Law Firm of Scott T. Moorey

Cost: FREE

25 Yom Kippur - LCBA and courts closed

OCTOBER 2023

20 Pro Bono Awards Luncheon

NOVEMBER 2023

10 Veterans Day LCBA and courts closed

11 Bench Bar Gala at The Westin

23-24 LCBA and courts closed

DECEMBER 2023

1 YLD Holiday Fiesta

7 LCBA Annual Holiday Party

22 LCBA and courts closed

25 LCBA and courts closed

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

By Henry Lee Paul, Esq.

ABA Gives Guidance

Client Intake and Nonlawyer Assistants

opinions placed an emphasis on training and supervision of the nonlawyer employee.

The ABA opinion placed the burden of compliance on a supervising lawyer. It advised that, “If the prospective client asks about what legal services the client should obtain from the lawyer to address the client’s objectives, wants to negotiate the fees or expenses, or asks for an interpretation of the rights and responsibilities set forth in the engagement agreement, Model Rules 1.4(b), 1.5, and 5.5 require the lawyer to respond.” The opinion further advised that the client should always be “offered an opportunity to discuss the fee agreement and scope of representation with the lawyer.”

The ABA recently issued Formal Opinion 506 that addressed responsibilities regarding nonlawyer assistants. In particular, the opinion explored the role of nonlawyers in conducting an initial client interview and obtaining a signed fee agreement.

The opinion concluded that under the Model Rules, “A lawyer may train and supervise a nonlawyer to assist during prospective client intake screening by obtaining initial information about the matter, performing an initial conflict check, determining whether the assistance sought is in an area of law germane to the lawyer’s practice, assisting with answering general questions about the fee agreement or process of representation, and even by obtaining the prospective client’s signature on the fee agreement…”

The opinion is generally consistent with The Florida Bar Ethics Opinion 88-6, which stated that intake performed by a nonlawyer could be permissible but, “It is preferred that an attorney conduct the initial interview with prospective clients, the use of nonlawyer employees for this purpose is not prohibited per se.” Both The Florida Bar and ABA

Although it is common in Florida for nonlawyers to conduct the intake process for new clients, especially in personal injury cases, members should be aware that Florida has a much stricter rule imposing responsibility for the conduct of nonlawyers. In 2002, Rule 4-5.3 (Responsibilities Regarding Nonlawyer Assistants) was amended to provide what appears to be a strict liability provision regarding the conduct of nonlawyers. This provision does not appear in the Model Rules.

Rule 4-5.3(c) now provides “Ultimate Responsibility of Lawyer. Although paralegals or legal assistants may perform the duties delegated to them by the lawyer without the presence or active involvement of the lawyer, the lawyer must review and be responsible for the work product of the paralegals or legal assistants.”

An additional consideration involving nonlawyer client intake is the prohibition against assisting the unlicensed practice of law pursuant to Rule 4-5.5 (Unlicensed Practice of Law). This consideration is of particular concern in relation to contingent fee contracts. A contingent fee agreement that is entered into in violation of The Rules Regulating The Florida Bar may be considered unenforceable. In some circumstances it might be asserted that a fee agreement procured improperly by a non-lawyer might also prohibit quantum meruit compensation. For more information, see: Morrison v. West, 30 So. 3d 561 (Fla 4th DCA 2010).

Henry Lee Paul, Esq. is a former Bar Counsel who now represents lawyers in all matters before the Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.

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

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

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IMPORTANT RPPTL LEGISLATIVE CHANGES

While the 2023 Florida Legislative Session garnered national attention, for some unexplainable reason, the national media’s focus has not been on recent changes affecting trusts, estates and guardianship practitioners. To correct this glaring omission, the Real Property, Probate and Trust Law (RPPTL) Section of the Lee County Bar Association continues to conduct monthly virtual “brown bag” meetings to educate our members. As we put this cruel summer behind us, let’s take a look at some of these recent changes.

The Kearney “Fix”

For years, Florida residents operated under the belief that any asset which is exempt under Chapter 222 of the Florida Statutes was exempt from the reach of creditors, unless such exempt asset was specifically pledged in a security agreement.

In Kearney Const. Co., LLC v. Travelers Cas. & Sur. Co. of Am., 709 Fed. Appx. 671 (11th Cir. 2019) the Eleventh Circuit cast aside this widely held belief. It concluded that Kearney forfeited the exempt status of the funds held in his individual retirement account (IRA) by pledging the funds as collateral, because the subject security agreement provided that Kearney pledged “all of his assets and rights.” This result occurred even though the security agreement did not specifically identify Kearney’s IRA as part of the collateral.

Although the Kearney decision concerned an IRA, its holding is not necessarily limited to the waiver of statutory exemptions for IRAs. It may be used by creditors to pursue other exempt assets. The Kearney decision has been widely criticized, leaving asset protection practitioners dancing with their hands tied.

In the 2023 Florida Legislative Session, the Florida Legislature unanimously passed Senate Bill 978 and House Bill 901, which was subsequently signed by Governor DeSantis, creating a new subsection (d) to Fla. Stat. § 679.1081(5). This subsection provides that a general description only by type of collateral is an insufficient

description of the accounts and other entitlements set forth in Florida Statutes §§ 222.13-222.16, § 222.18, and §§ 222.201-222.22. As a result, it is now clear that to pledge funds held in an IRA (or other exempt asset under the applicable statutes), you must specifically pledge such asset. Otherwise, it will be treated as an exempt asset.

Florida Estate Tax Closing Documentation “Fix”

Prior to July 1, 2023, to close a Florida estate, you were required to either file with the court (a) an Affidavit of No Florida Estate Tax Due or (b) the IRS Closing Letter or other evidence that the federal estate tax has been paid.

This year on June 9, House Bill 619 was signed by Governor DeSantis, creating subsection (2) to Fla. Stat. § 198.26 and subsection (3) to Fla. Stat. § 198.32. Fla. Stat. § 198.26(2) “turns off” the requirement that the IRS Closing Letter or other evidence mentioned above has to be filed with the court in order to close a probate proceeding. Fla. Stat. § 198.32(3) “turns off” the requirement of having to file an Affidavit of No Florida Estate Tax Due. This change applies to all probate proceedings commenced on or after July 1, 2023, and to all probate proceeding spending on July 1, 2023, for which an order of final discharge has not been entered.

“Witness” Defined

Florida Statutes § 117.285(5) imposes heightened requirements for the execution of certain estate planning documents under the supervision of an online notary. Under Fla. Stat. § 117.285(5)(k), these requirements do not apply “if there are at least two witnesses in the physical presence of the principal at the time of the notarial act.”

An issue was raised due to the term “witness” not being defined. In one’s wildest dreams, a scenario can be imagined where two persons are with the testator when a will is signed (and have borne “witness” to the testator’s signature), but

Robin D. Merriman II, J.D., LL.M., B.C.S. is the managing and founding partner of The Merriman Law Firm, P.L.L.C. He has been certified by The Florida Bar as an Expert and Specialist in wills, trusts and estates. Robin has experience representing clients in a variety of cases and in many different circumstances within the scope of his expertise.

are not the “witnesses” who sign the will itself. Florida Statutes § 117.201(16) corrects this problem by providing definition for the term "witness."

Ready for it? Witness, when used as a noun, means an individual whose electronic signature is affixed to an electronic record to attest or subscribe to a principal’s signature on such record. As a result, the new definition requires an individual to electronically sign the electronic document as a witness to be considered a witness for purposes of the statute. This statute is intended to clarify existing law and applies retroactively to January 1, 2020.

Withholding or Withdrawal of Life Prolonging Procedures

Florida has implemented significant changes to guardianship laws intended to address decisions made at the end of life by a guardian appointed by the Court.

Florida House Bill 1119 creates subsection (6) to Florida Statutes § 744.3115. This provides that, where a power of attorney of health care surrogate designation is found to be an alternative to guardianship for health care decisions, the surrogate or agent may exercise the right to make health care decisions for the ward without a court order, even if the surrogate or agent has been appointed as guardian of the ward for other delegable rights, per Fla. Stat. § 744.3115(6).

House Bill 1119 also creates new Florida Statutes § 744.4431, which relates to a professional guardian’s power concerning life prolonging procedures. While this section continues the requirement that a professional guardian be required to get prior court approval to withhold or withdraw life-prolonging procedures or to execute a do-not-resuscitate order (DNR), the law does create certain exceptions.

The first exception is that a professional guardian is not required to get court approval when the professional guardian has been granted authority by the court to carry out the ward’s advanced directive or to take actions consistent with the ward’s advanced directive, provided that there is no known objection from the ward, the ward’s attorney, the next of kin, or any other interested person. Fla. Stat. § 744.4431(7)(a).

The second exception was created for exigent circumstances. Under Florida Statutes § 7444.4431(7)(b), a professional guardian may execute an order not to resuscitate without court approval when:

(1) The ward is in the hospital.

(2) The ward’s primary treating physician and one additional consulting physician document to the ward’s medical file that:

a. There is no reasonable medical probability for recovery or cure of the ward’s underlying medical condition;

b. The ward is in an end-stage condition, a terminal condition, or a persistent vegetative state, and that the ward’s death is imminent; and

c. Resuscitation will cause the ward physical harm or additional pain.

(3) The professional guardian has notified the ward’s next of kin, if known, and any interested persons the court has directed.

(4) The decision is not contrary to the ward’s expressed wishes.

(5) There are no known objections from the ward, the ward’s attorney, the ward’s known next of kin, or any other interested person designated by the court.

If the professional guardian utilizes this exception, the professional guardian is required to notify the court in writing within two (2) business days after the order not to resuscitate was executed: (a) the date the order not to resuscitate was executed; (b) the location of the ward when the order not to resuscitate was executed; and (c) the names of the physicians who documented the ward’s condition in the ward’s medical record, per Fla. Stat. § 744.4431(8).

Practitioners should review the statutory changes identified above and become comfortable with their application. Some of the changes are tricky, and it is important to be able to identify the issues when dealing with current and future clients.

Legacy With Our Trust and Estate Planning Team.

Anthony

Cetrangelo

James E. Kerr Bonita Springs

Ernest H. Hatch Fort Myers

Eric Gurgold Fort Myers

Amanda M. Dorio Naples

C. Richard Mancini Bonita Springs Department Co-Chair

NOMINATION FORM

2024 - 2025 EXECUTIVE COUNCIL MEMBER-AT-LARGE

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

Date:

Nominee's Name:

Law Firm:

Comments:

Please return this form to Lauren Baugh, LCBA Executive Director

Email: LBaugh@leebar.org

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

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

BALLOTS will be emailed by Monday, October 16, 2023.

VOTING CLOSES on Wednesday, November 15, 2023 at 5 p.m.

RAISEYOURTORCH for #YLD Wellness

Congratulations to each LCBA member who stepped up to participate in the Florida Bar Young Lawyers Division (YLD) Health & Wellness Olympics!

The month-long series of events and special challenges kicked off on May 1 to help lawyers concentrate on improving their mental and physical health and wellness. The idea is to create good habits during the month of May, that could then be carried forward throughout the year.

To accomplish this, the Florida Bar YLD teamed up with IncentFit, a company that hosts a platform for fitness tracking and allows for a competition between groups, to encourage people to participate in healthy activities. Bar members who registered spent weeks exercising, eating healthy, drinking water, meditating, counseling, playing group sports, attending webinars and much more.

Additionally, the Florida Bar’s own Gov. Sia Baker-Barnes sponsored a $50 gift card drawing, as did Florida Bar President Scott Westheimer. YLD Governor Randall Baskin, of Baskin Eisel Rightmyer, Attorneys at Law, also

sponsored a $50 gift card challenge promote scheduled, healthy sleeping habits.

Throughout the month, LCBA members put their healthiest foot forward, logged their points and stayed accountable with friends in the YLD. Points not only applied individually, but also toward a friendly inter-affiliate competition to see which Bar Association would be named the healthiest affiliate. Participation was coordinated statewide by Ben Thomas, of Tampa, and Kayla Richmond, of Fort Myers.

At the conclusion of the 2023 YLD Health & Wellness Olympics, participant results were announced over social media. The top three individual point earners and the top three affiliates – broken down across small, medium and large – received awards for their achievements.

Congratulations on putting your healthiest foot forward – and mark your calendars for next year’s Florida Bar YLD Health & Wellness Olympics in May 2024.

2023 YLD Health & Wellness Olympics Results

AFFILIATE LEADERS

(Large) Palm Beach County Bar Assoc.

(Medium) Jacksonville Women Lawyers

(Small) Haitian Lawyers Assoc.

INDIVIDUAL LEADERS (TOTAL POINTS)

Gold: Silver Bohn

Silver: Christian Lexima

Bronze: Angie Miller

INDIVIDUAL LEADERS (WELLNESS POINTS)

Gold: Eleni Derke

Silver: Erika Barger

Bronze: Maria White

BURPEE CHALLENGE RAFFLE WINNER

Cara James, St. Thomas Univ. School of Law

SLEEP CHALLENGE RAFFLE WINNER

Hannah Becker, Hillsborough Association for Women Lawyers

Florida Lawyers Assistance Offers Support

Created in 1986, Florida Lawyers Assistance (FLA) program is a nonprofit corporation created to assist lawyers, judges and law students dealing with substance abuse.

In its early days, FLA’s initially assisted attorneys dealing with substance abuse or alcohol abuse. There was some controversy within the Bar as to whether drug abuse, due to the illegal nature of the substances, should be included within FLA’s purview. The Bar eventually accepted that “chemical dependency” as used in the rule was not limited to alcohol, and agreed that FLA’s mandate (and the confidentiality provisions that accompanied it) included all substances.

Shortly after, FLA began working with attorneys who were dealing with serious mental health conditions that were negatively affecting their lives. However, the original Florida Bar rule that authorized FLA did not mention assistance to attorneys dealing with mental health issues. As a result, in 1998, FLA requested that Rule 2-9.11 be amended to reflect this fact. The rule was changed to include attorneys dealing with any “impairment related to chemical dependency or psychological problems that affect their professional performance or practice of law…”

Today, FLA’s monitoring functions have expanded to monitor more individuals than any similar lawyer assistance program in the United States. It has developed what is regarded as one of the most sophisticated and robust monitoring programs in the country.

Need support? Learn more at fla-lap.org.

WELCOME ,

NEW MEMBERS

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

ASMA ANWAR, ESQ.

Office of the Public Defender

JILL BACKER, ESQ.

Ave Maria Law School

GILLES “TYLER” BAILLARGEON, ESQ.

Goede, DeBoest & Cross, PLLC

MEGAN ELBANA

Paralegal

PABLO HURTADO, ESQ.

Hurtado Immigration Law Firm

ROSIE KOOP, ESQ.

Koop Law Firm, PLLC

FELIX MENDEZ-BURGOS, ESQ.

United States Middle District

JULIE MOORE

SWFL Notary Closings, LLC

KATHLEEN NINK, J.D.

Recent Graduate

KENNETH OLIVER, ESQ.

Kubicki Draper

CURTRIGHT TRUITT, ESQ.

Truitt Legal

ADELE WOODROW, PARALEGAL Rocuant & Sexton, LLC

Practical Reflections

Some years ago, I wrote the column Terry’s Take on Things, which is now being revived. As is my habit, the column will wander among topics of current (and otherwise) interest.

For now, I would be grateful if you would email your observations and thoughts on what you learned during the pandemic to me at trterry@gmail.com. Please include any thoughts you may have about live and Zoom mediation, as well as court-ordered arbitration.

Thinking about what the “ride through the pandemic” has taught us, consider a rule that I have had since beginning practice. It’s called: the Threshold Rule: Nothing passes my office threshold without it first passing through the copier and/or the scanner. This rule has saved me many times. Today, with much paperless practice, it may be redundant. But consider the following.

Unfortunately, during the pandemic, we had to probate an original will that was safe and secure in a safety deposit box in a large city, almost 1,000 miles away. There was no practical, economical way to retrieve the will within a reasonable time. Worse, the creating lawyer was a “conformer” not a “copier” nor a “scanner.” He only conformed will copies, simply writing in the blanks on his will forms. Using “/s/”, he wrote in the names of the testator, the witnesses and the self-proving affidavit’s Notary Public.

Try probating such a conformed copy of a will, especially if there is an objection by someone who gets more money if the testator is intestate! Luckily, all of the beneficiaries agreed to probating the conformed copy. One person objecting could have caused problems. Why run the risk?

Post Pandemic

Not thinking of myself as a Zoom Mediator, I suspended for the pandemic. Bowing to reality, I am again doing mediations, and signed up for court appointed mediations and arbitrations. I have slowly re-entered the water doing pro bono Small Claims mediations. Learning Zoom has been a challenge. Future columns will deal with current mediation and arbitration practices.

Finally, here is one more idea, raised by one of the recent Windstorm insurance “reforms” conjured by the legislature – and specifically, the “anti-assignment” provisions, added by new Sec. 627.7152(13) Fla. Stat. (2022).

We are all lawyers. Within limits, prosecuting and defending an assigned or unassigned first party insurance case is not much different. In fact, a jury will likely be much more sympathetic toward an individual than toward an assigned corporate roofer. Consider, in a case brought by the owner/insured, would not the repairing roofer be considered an expert witness entitled to expert witness fees taxable as costs if the owner/insured wins?

To quote the famous song by Sonny Terry (no relation!) and Brownie McGhee, “The battle is over, but the war goes on!”

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.

Raising the Bar for Mental Health & Wellness

in the Legal Profession

It is an undisputed fact that the legal profession is laden with a variety of stressors. Although rewarding, it’s a demanding career in a competitive market, tasked with handling some of the toughest issues that society faces. At times, enjoying a work-life balance may seem like a myth.

A nationwide study of 13,000 lawyers in 2016 revealed a high rate of substance abuse, stress and depression among those in the legal profession. According to the National Task Force on Lawyer Well-Being, which was conceptualized and initiated by the American Bar Association to study this pressing issue, this research indicated that the current state of lawyers’ health cannot support a profession dedicated to client service and dependent on the public trust.

Work-related pressures in any job field can cause physical and psychosomatic symptoms when left unaddressed. Extended over a long period of time, excessive stress can take a high toll on one’s long term health and wellbeing, productivity and interpersonal relationships.

In 2023, new research surveyed nearly 2,000 lawyers from Washington, D.C. and California to screen for specific predictors of suicide risk. First published in the journal Healthcare, the findings suggested that attorneys are twice as likely as working adults in other professions to contemplate or entertain suicidal thoughts. Significant factors included high levels of perceived stress, work overcommitment and screening as lonely or with a previously diagnosed mental illness.

Among the attorneys who reported suicidal ideation, 46% reported considering leaving the profession due to burnout or stress. 66% indicated they believed their career in the legal profession to be detrimental to their health. The report made the case for interventions to address work-related stress and loneliness.

Words of Wisdom from Lee County Lawyers

Recognizing the critical importance of mental health in the legal profession, Res Gestae reached out to a few fearless Lee County practitioners to learn more. These professionals have developed techniques for managing the immense stress of their daily

workflow. Here are their thoughts about decompressing from work, juggling that work-life balance, and staying healthy – mind, body and soul.

As the mother two children, I usually jump from work mode into parent mode, and don’t have a lot of time during the week to decompress. I love spending time with my family and dog in the evenings, which gets my mind off work, yet it remains a busy time. At the end of every day, I carve out some time for myself to take a walk, listen to a podcast or read a book. On weekends, I have more time to relax, and enjoy watching a good movie or TV show.

To me, the concept of work-life balance involves managing all of the needs and wants associated with all aspects of my life, including my family, career, faith and self. Parents often focus on only work and family, and forget about themselves. I have found that the key to managing it all is prioritizing goals based upon current circumstances, reevaluating them often, and being flexible when the unexpected occurs. I delegate and outsource tasks when possible, limit the number of activities we sign up for, and ask for help when needed. I am fortunate to have supportive local family who help with childcare and free me up for other activities. I also build self-care into my schedule by calendaring it in advance and taking time off work as needed. I have regularly scheduled meetups to run with friends, which both strengthens my friendships and improves my health.

In addition to those meetups, I endeavor to stay healthy through physical activity like running, walking and doing Peloton classes. I am still doing physical therapy to recover from my injury and want to focus more on strength training. Since it’s hard to out-exercise your eating habits, I limit my sugar intake and avoid eating after 7 p.m. I also strive to get at least seven hours of sleep and avoid screens for 30 minutes before going to bed.

Health and wellness can have different meanings for different people.

For me, it means trying to exercise daily and maintain a healthy work-life balance. I used to be a very unhealthy person with unhealthy habits. In law school, I discovered running and everything changed. From there, I started biking and swimming as well.

I have never been fast at any of these disciplines, but I have learned that doing something like running, biking or swimming on a daily basis is a huge stress reliever

and has been key to managing the pressures that can come with being a lawyer. I try to find a 30-minute to one-hour window each day to do some kind of exercise. I am very lucky to work with other lawyers that prioritize their physical and mental health and share my love of exercise. In our new office, we have an exercise room with workout equipment and a shower to make sneaking in a quick workout easier.

I have also learned that I do not function well when I am overworked. I love being busy, but it takes a toll. I have tried to develop a healthy work-life balance over the years. One of the things I have implemented in my practice that helps with this is not working on the weekend. I try to get everything I need to get done in a week completed Monday through Friday, to leave the weekends free to spend with my family. Sometimes, this is a challenge. At trial time, it goes out the window, but the more I can do this, the better I feel and the better practitioner I am.

This is obviously not a one size fits all solution. Everyone has to figure out what works best for him/her from a work life balance standpoint. But, having some mechanism in place to help balance those two competing interests has been very helpful in my practice and my personal life.

To decompress, I enjoy watching Navy Seal movies. The diverse skill sets of scuba diving, marksmanship, parachuting and martial arts are fascinating. I enjoy trying a variety of these activities, including scuba diving, fishing, boating, jogging and traveling. I also make it a practice to read books on leadership.

I come from a large family. My mom is Italian, so we get together over food as often as we can – especially Italian food. All my sisters live in town and it helps when we can talk through our tales of woe. Last year, I visited Italy and want to go back again. The food, culture and history are second to none.

Health is the new wealth! I manage work and life by being as healthy as possible. By monitoring what I eat and exercise, I am able to better control the happy hormones in the brain released from good food and weightlifting. To accomplish this, I go to Iron DNA Fitness at least three to four times a week. I am not the only LCBA member; I always work out with Leland Garvin. I have seen Bruce and PJ Scheiner there, along with Steve and Eviana Martin. Scott Forester is also a member.

The results? Three years ago, I lost 36 pounds. The happy hormones released in the brain while working out are crucial to decrease stress and anxiety that comes with our profession.

JOHN MILLER III, ESQ.

CARLOS CAVENAGO, III, ESQ.

THE HONORABLE KIMBERLY DAVIS BOCELLI

As a busy mom juggling multiple roles, including being a lawyer, I’ve discovered a few essential ways to decompress and find moments of tranquility amid the chaos. One of my favorite activities is staying active by daily runs and walks. The rush of fresh air and the energizing rhythm of my footsteps help me clear and rejuvenate my mind.

There’s another passion since my law school days – cooking and baking. The kitchen is my sanctuary, where I can escape the weight of the world. There’s something therapeutic about it. While cooking, I usually listen to some great 90s pop or 2000s country music. These small rituals anchor me to a sense of peace and help me maintain a balance to bring out the best version of myself for my family and clients.

With three active boys, there's never a dull moment, and I wouldn't have it any other way. One of my greatest joys is witnessing their passion for sports and cheering them on from the sidelines. Though life may be a whirlwind, these cherished family moments keep me grounded and focused, giving me strength and motivation.

Staying healthy is crucial to ensure I can be present and effective in every aspect of my life. For my mind, I find solace in reading. It’s an escape from the pressures of work and parenting, allowing me to unwind and recharge my mental batteries.

As for my body, while running isn’t my first choice, I recognize its numerous benefits for stress relief and overall health. Being outdoors and breathing the fresh air rejuvenates me, so I’ve embraced running to maintain a healthy body and mind. Last year, I completed both the Disney Half Marathon and the Disney 10 miler. Currently, I am training for the DeSoto Distance Classic 15K in September.

For my soul, spending quality time with my loved ones is the ultimate gift. Traveling with my wonderful husband Aaron, who is also a lawyer, and our three boys, creates unforgettable memories and strengthens our bond as a family.

I also enjoy shopping trips with my mom, rekindling cherished mother-daughter time, sharing dinners or coffee dates with my girlfriends. And then there’s hanging with my adorable chiweenie, Shorty, whose unconditional love and playful presence never fail to warm my heart.

CHRISTINA O’BRIEN

FROM JUNK FOOD WITH THE JUDGES to Serving Hot Meals

LCBA members joined the Young Lawyers Division (YLD) for Junk Food with the Judges, which took place at the Lee County Justice Center in early August. The event collected nonperishable food donations in exchange for enjoying snacks with honorable members of the Bench. Following the event, LCBA’s YLD Board of Directors delivered the food drive donations to Community Cooperative in Fort Myers. The team also stayed to prepare, cook and serve those who came for a hot meal. Stay tuned for more photos to come next month from this rewarding volunteering experience.

The Honorable Devin George

Lawyer for Life

Barbara M. Pizzolato, Esq.

 Over 30 years experience

 Licensed to practice in New York, New Jersey, Connecticut, and Florida

 Committed to establishing long -lasting relationships with her clients

 Offers personalized, customized legal services that clients expect and deserve

(239) 225-7911

By Lauren Baugh

CELEBRATING CUBAN FOOD & CULTURE

I am always trying to find new places to eat here in Lee County. Often, I find myself staying in my comfort zone of the McGregor Corridor or just outside of it. But this time, I was on a mission to find a Cuban dish that I love and often cannot find: ropa vieja. In Spanish, it translates to dirty clothes or old clothes. While that does not sound appealing, this dish is amazing!

Ropa vieja is shredded stewed beef with various vegetables, commonly red and green peppers, and onions. While using Google as a mechanism

to find this beloved dish, I came across a unique option called Maikel’s Kitchen. Its mission is to provide an escape to Havana, giving guests a passport to Cuba’s intriguing dishes in a way that celebrates the Cuban people and culture. I took a chance and drove about 8 miles from downtown Fort Myers, and I am glad I did! When you pull up to the plaza this place is located in, you might be a little confused. You’ll realize that the restaurant is not in the plaza, but off U.S. 41 in an old drive-thru restaurant. It was not the

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

entrance I am used to, but I parked and went inside, and I am glad I did!

This restaurant operates much like a cafeteria, which is unique. It gives you the opportunity to see all of the foods, which are all made daily in a small kitchen in the back. You are greeted by a friendly face, and asked what you would like. You can walk down the line and ask for whatever selections you like.

I chose to get white rice, ropa vieja and plantains. Fun fact about me: If plantains are on a menu, no matter where I am at, I am getting them! This dish is packed full in a to-go container, and at $13.99 it is worth it. The meal covered me for both that day and the next day’s lunch. That is a steal!

For variety, I also opted to get the roasted pork with red beans, rice and yucca, which is also called cassava. They have a little snack section, with various sweet and savory pastries. I also opted to try a chicken empanada and a ham croqueta. I got my platters of food and snacks, and sat down.

Although I decided on water, Maikel’s Kitchen also has several all-natural juices that are made in-house and looked fabulous. But with my citrus

allergies, I was sad I was not able to try them, as they were so vibrant and colorful!

Even though I arrived starving, it became clear that I grossly overestimated how much I could eat. With such incredibly generous portions, I was only able to eat a little less than half of my meal, and a few bites of the other fare in front of me.

The beef and pork were both so incredibly flavorful and tender. Nothing was dried out, but just pure Cuban goodness! The yuca was covered with raw onion and vinegar, which I put on top of my white rice. That was an amazing addition. As a kid, my mom used to put red onions soaked in vinegar on black beans. I had no appreciation for it as I grew up, but this reminded me of that, so it was rather nostalgic.

The flavors of all of these dishes were so amazing. While I cannot attest to the authenticity, as I have not myself traveled to Cuba, it certainly seemed to be authentic. Drive up, park and go in and take it all in. It is worth it! Having an event and want to cater, with a flare? They cater, and at very reasonable prices! They do also have a drive thru, if you are in a hurry!

Take a drive to U.S 41 South – Maikel’s Kitchen will not disappoint.

FACING

THE AREA’S MENTAL AND BEHAVIORAL HEALTH CRISIS

Few people will dispute that the last several years have resulted in a rise in mental and behavioral health issues.

In a 2021 study, nearly half of Americans surveyed reported symptoms of anxiety and depression. As the pandemic took hold, rates of anxiety, depression and substance use disorder increased.

Add the rise in violence and divisiveness in the U.S. and recent hurricanes in Southwest Florida, and you have the perfect storm for a mental health crisis. One in four adults already suffer from a diagnosable mental disorder with not enough resources for treatment.

For example, nearly two years after Irma made landfall in the Florida Keys, a study through the Centers for Disease Control and Prevention reported residents had a worsening of anxiety, depression and a need for mental health services.

That’s the bad news. The good news is that several nonprofit agencies are working tirelessly to improve the mental health landscape for Southwest Florida.

depression. Strategic planning currently underway includes envisioning ways to reduce the physical footprint by embracing technology. This year, texting for appointments was added.

No one is ever denied access to services at SalusCare due to an inability to pay. A sliding-fee scale is utilized for many services based on family size and income. The difference in the cost of care for these patients and the payment received through the sliding scale is absorbed by SalusCare through donations and grants.

Help for Children and Teens

Since its founding in 2016 at Lee Health and Golisano Children’s Hospital of Southwest Florida, Kids’ Minds Matter has been dedicated to increasing awareness of the need for expanded pediatric mental and behavioral health care in our region, and has raised more than $10 million to support its mission to ensure children receive the right care at the right place and right time. Kids’ Minds Matter is dedicated to fostering partnerships that support existing services, identifying and filling gaps in the continuum of care, and innovating new treatments.

Help for All Ages

SalusCare, the largest nonprofit mental health and substance abuse treatment agency in Southwest Florida, is celebrating 10 years since it was created after a merger between two long-standing mental and behavioral health agencies - Southwest Florida Addition Services and Lee Mental Health.

“We offer the full continuum of behavioral health services,” says Stacey Cook, who had been with Lee Mental Health for 18 years before becoming the CEO of SalusCare in 2016. “It’s a huge win for the community to have all services truly connected.”

SalusCare is working to address the growing need for mental, behavioral and addiction services, which has been on the rise in the past few years. Cook says she expects the need to triple in the next five to 10 years.

Today, SalusCare employs more than 300 people who bring hope and recovery to nearly 16,000 adults and children with outpatient psychiatry and therapy, residential programs, recovery residences, emergency and crisis services, detox and communitybased services from six locations in Lee County, improving care for children and adults. The Vince Smith Campus Adolescent Residential Treatment center is the only residential substance use center for adolescents south of Tampa on Florida’s west coast.

Going forward, SalusCare wants to remain agile and at the forefront of promising treatments, such as transcranial magnetic stimulation, a non-invasive treatment that uses magnetic pulses to stimulate nerve cells in the brain associated with major

By developing clinical pathways to screen and treat patients, enhancing public awareness through education, and lobbying for systemic change and sustainable funding, Kids’ Minds Matter aims to align mental health providers, local agencies, the judicial system, law enforcement, schools and faith-based organizations.

In the last several years, the need for pediatric behavioral and mental health increased. Lee Health experienced a 235% rise in Baker Acts from 2020 to 2021, with a 10% increase from 2021 to 2022.

Kids’ Minds Matter has had a 1,546% increase in pediatric behavioral health visits in the last six years. Visits increased 198% from 2021 to 2022. A partnership with Family Health Centers to embed mental health providers in Lehigh Acres and a new behavioral health clinic was added at the Bonita Health Center. Service expansion in Cape Coral is also planned.

Despite expanding providers by 500% since 2016, wait times for pediatric behavioral health appointments at Lee Health are seven months for neuro-development conditions and the autism spectrum; two years for a psychology appointment, and four to six weeks for psychiatry with two weeks wait for an urgent psychiatry appointment.

“While we have continued to grow our services, programs and support, the need continues to surpass available resources,” said Jason Sabo, site supervisor at Lee Health’s Pediatric Behavioral Health Practice. “With ongoing awareness and work to reduce the stigma associated with mental health, more families are calling us to help their children in need.”

The growth in demand for pediatric and adult behavioral health interventions in Southwest Florida over the past four years has well exceeded the ability to treat those in need.

Here are several of many organizations providing help for the community.

Florida is ranked 42nd in the nation when comparing the ratio of patients for each mental health provider, which is 550:1. By 2035, Florida could face a shortage of 59,100 nurses and 36,000 physicians. Presently, Florida has 204 federally designated mental health professional shortage areas, the seventh highest in the country.

Part of the challenge comes from hiring providers because of few applicants, competitive salaries and the cost of living in Southwest Florida.

Help for Children with Autism Spectrum Disorder

Based in Cape Coral, Family Initiative was co-founded in 2015 by Anjali Van Drie and David Brown to fill the much-needed gap in clinical training and support for children, youth and young adults with autism spectrum disorder (ASD), and their families. Social workers by training, Van Drie and Brown have a heart and passion for providing the highest quality clinical services and support services in Florida.

As the first organization with an onsite campus dedicated to supporting individuals and families impacted with ASD in Southwest Florida, Family Initiative provides screenings, assessments, services, training and more from a state-of-the-art center. What makes Family Initiative unique is the comfortable atmosphere it provides children and families, while maintaining security and transparency so parents can observe their child at any time, making them part of their progress. The Autism Support Center is a place where families can feel comfortable while participating in programs and services.

There are also programs for teens and young adults, allowing them to be themselves and find acceptance. Combining clinical support with entertaining activities, teens build on their social skills while hanging out with their friends. Parent support groups are also offered and serve as a great resource for families.

According to Cornell Research, nearly 80% of individuals with Autism also have a mental health diagnosis.

“At Family Initiative, we are seeing more intensive cases – late teens with onset of mental health impacting their safety –more frequently,” said Van Drie, co-founder and vice president of Family Initiative. “To best support the families we serve, we stay connected with community partners like SalusCare and Lee Health who treat young people with mental and behavioral health needs.”

Unfortunately, like for many others, it can be challenging to get mental health needs addressed.

“The system is challenged and when kids on the autism spectrum are Baker Acted, law enforcement and mental health professionals don’t always understand how to meet their needs, and then the kids are discharged without proper support,” said Brown, co-founder and president. “That’s where Family Initiative steps in to educate first responders on the unique needs of young people with autism and to grow partnerships that best serve our children.”

Family Initiative works with state legislators like Florida State House Representative Patt Maney to advocate across Florida for Baker Act reform. The purpose is to better support children with autism who are experiencing a mental health crisis and make sure their experience is grounded in evidence-based interventions in a compassionate way.

To bring awareness, Family Initiative is training Lee County Schools social workers and mental health navigators in schools to understand what autism is – what are the characteristics and behaviors – and how to show them compassion. For many children with ASD, traditional talk therapy is difficult, as they might not have the same language skills to communicate what they are feeling and need.

Help for Teenage Girls

For more than 15 years, Pace Center for Girls, Lee in Fort Myers has created a safe space for girls who have faced tremendous obstacles so they can feel empowered to transform their lives for the better. The day program at Pace’s center provides year-round education, counseling and life skills training for a comprehensive and individualized experience for middle and high school-aged girls.

Pace Lee opened in 2007, after Judge James Seals noticed an alarming rise in female crimes come through juvenile court. Hearing Pace’s impact in Jacksonville, he brought an initiative before a group of female community leaders to open a center in Fort Myers.

Pace Lee has been pivotal in the lives of countless young women. Girls referred to Pace are often struggling with school, histories of abuse, unhealthy relationships or mental and behavioral health factors. Facing the pressures of life, the program provides academic and counseling services to help them see their full potential and grow into strong, confident young women.

Where to Get Help

SalusCare

Text (239) 275-3222 to set up an appointment or visit https://www. saluscareflorida.org/get-help/

Kids’ Minds Matter

To learn more about Kids’ Minds Matter, get resources for help or to become an advocate, visit KidsMindsMatter.com.

Family Initiative

For information about programs, call 239-910-9712 or visit FI-Florida.org.

At Pace Lee, 100% of participants report family instability, so homes were already unsteady before adding the stress of a devastating storm in 2023. As soon as the dust settled after Hurricane Ian, dedicated counselors checked on participants to ensure their safety. Seeing a huge need for girls to process what happened, Pace set up the same virtual counseling program used during the pandemic so therapists could start serving girls right away. In-person sessions were also conducted at their homes.

In addition, recognizing a greater need in the community, Pace has expanded its Reach Therapy program with federal funding. The program is dedicated to providing social, emotional and mental

health counseling for girls ages 11–17 and their families outside the center. This program allows Pace to provide therapy to an additional 60 girls throughout Lee County. Reach therapists provide services in their home, school, community or online.

“Our girls’ stories are the driving force to continue to take much-needed steps to support young women in Lee County and beyond,” says Jennifer Cellitti, executive director of Pace Center for Girls, Lee.

“All girls and young women, regardless of race, ethnicity or socioeconomic status, should be uniquely cared for, supported and encouraged to become the best versions of themselves through a path of healing and recovery.”

Pace Center for Girls, Lee

For more information, call 239-425-2366 or visit www. pacecenter.org/locations/lee.

THANK YOU

TO OUR LCBA SPONSORS

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INGOLDKIND

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IS YOUR FIRM PART OF THE 100 CLUB?

Any firm with two or more attorneys and 100% membership in LCBA qualifies. If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.

Absolute Law, P.A.

All Injuries Law

Aloia, Roland, Lubell & Morgan, PLLC.

Arend & Sisk, P.A.

Associates & Bruce L. Scheiner, P.A.

Banker, Lopez & Gassler

Boy Agnew Potanovic Miller, PLLC.

Boyle & Leonard & Anderson, P.A.

Burandt, Adamski, Feichthaler & Sanchez, PLLC.

Calvo & Calvo, Attorneys at Law

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

Dal Lago Law

Freidin & Inglis, P.A.

Garvin Law Firm

Goldberg, Noone, Abraham

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

GrayRobinson, P.A.

Green, Schoenfeld & Kyle, LLP

Hahn, Loeser & Parks, LLP

John Webb Legal Group, P.L.

Kagan Law Firm

Knott Ebelini Hart

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

Law Offices of Michael M. Raheb, Criminal Lawyer

Law Offices of Scott T. Moorey

Lee County Legal Aid Society, Inc.

Linde Law Group

Men’s Rights Law Firm

Osterhout & McKinney, P.A.

Patrone, Kemp & Bentley, P.A.

Pavese Law Firm

Roetzel & Andress, L.P.A.

Rubinstein & Holz

Scarmozzino / King Trial Lawyers

Sheldon E. Finman, P.A.

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

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

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

Wilbur Smith, LLC

Yeslow, Koeppel & Anderson

ZinnLaw, PLLC.

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

THINGS

YOU DON'T KNOW ABOUT ME

u John Dommerich, Jr.

1. I was born and raised in Fort Myers. I love it here! It is a perfect place to raise a family. Lee County still has a small town feel to it, especially in our legal community. However, it’s not such a little village any more. I am proud of how Lee County is growing and changing.

2. There are many cases where I have been able to help guide victims of terrible, violent crimes through the court system as the prosecutor handling the case, reaching a favorable verdict or resolution. It is extremely rewarding to be able to help people in this way. Some of these victims have thanked me and continue to stay in touch from time to time.

3. My wife and I recently met David Beckham at a restaurant. He was a nice guy. He also smiled and winked at my wife… I’m still not sure how I feel about that!

4. Go Gators! I attended the University of Florida during the glory years when we won two national championships, each in basketball and football. I was able to attend the football championships in Glendale, AZ, in 2006 and Miami in 2009. I also attended the 2007 Final Four in Atlanta.

5. On the wall in my office is a framed copy of “The Man in the Arena” by Teddy Roosevelt. It serves as a reminder to be resilient and proud of my work.

IN THE NEWS

SEEKING MEMBER ASSISTANCE WITH GRANT APPLICATION REVIEW

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

AN EMERGING LEADER

Danielle N. Clark has been selected to participate in the prestigious Florida Bar Williams Reece Smith, Jr. Leadership Academy, Class XI. In addition, she was elected as a fellow of the Real Property, Probate and Trust Law (RPPTL) Section of The Florida Bar. Clark specializes in estate planning, probate and trust administration, guardianship and real estate law, including landlord-tenant matters.

2023 EUGENE BERRY AWARD RECIPIENT

Chief Assistant State Attorney Richard “Rich” Montecalvo has been named the 2023 Eugene Berry Award recipient. The Eugene Berry Award is presented to an assistant state attorney for their outstanding prosecutorial service by the Florida Prosecuting Attorneys Association. Montecalvo has served as a prosecutor for more than 30 years in the 20th Judicial Circuit, as well as the chief assistant state attorney, assisting State Attorney Amira Fox in leading the office since 2019.

APPOINTED TO SERVE

Governor Ron DeSantis recently appointed two Fort Myers attorneys to the Twentieth Judicial Circuit Judicial Nominating Commission. Paul Giordano, a shareholder at Roetzel & Andress, LPA, earned his bachelor’s degree and juris doctor from the University of Florida. Giordano is appointed from a list of nominees recommended by the Florida Bar for a term ending July 1, 2027.

Michael Randolph, an attorney at Gray Robinson P.A., earned his bachelor’s degree from the University of Florida and his juris doctor from Mercer University. Randolph is appointed from a list of nominees recommended by the Florida Bar for a term ending July 1, 2026.

BOOK YOUR HOTEL GROUP RATE FOR THE LCBA BENCH BAR GALA

The event will be held at The Westin Cape Coral Resort at Marina Village. Sign up online at https://tinyurl.com/ bdfcmjx3, and view sponsorship opportunities on page 31.

I nominate the following Pro Bono Superstar:

(Please send one form for each nomination)

Nominee's Name:

Nominee's Law Firm:

Nominee's Email:

Brief comments on why you selected this Nominee:

E-MAIL TO:

LBaugh@leebar.org

MAIL TO:

LCBA 2077 First Street, Suite 207

Fort Myers, FL 33901

VOTING CLOSES:

Thursday, September 16, 2023 at 5:00 p.m.

INTRODUCING ACCURATE SERVE

of Fort Myers

On a daily and weekly basis, Accurate Serve® serves papers all over the state of Florida and beyond. Its mission is to exemplify perfection in customer service in the service of process field.

Accurate Serve of Fort Myers covers the entire 20th Judicial Circuit of Florida, serving civil process in Charlotte, Collier and Lee counties, while also covering Glades and Hendry counties. This local office is able to serve all non-enforceable civil processes for your firm.

Owner and operator Brandon Muscato, AFPS, recognizes the importance of maintaining healthy relationships amongst the strong network of servers that Accurate Serve currently utilizes.

When serving foreign process, or documents from other states, the team at Accurate Serve is familiar with those statutes and adheres to any applicable restrictions or regulations. Similarly, when Accurate Serve serves domestic process in another state, out-of-state servers are educated about the dos and don’ts of Florida statutes and civil procedure.

Our Services:

• Serving Summons, Alias Summons & Pluries Summons

• Serving Complaints, Petitions, Motions, Notices, Interrogatories, Orders

• Serving Mortgage Foreclosure Complaint and Lis Pendens

• Serving Subpoena for Deposition, Subpoena for Hearing, Subpoena for Trial, Subpoena Duces Tecum

• Serving Writ of Garnishment, Writ of Replevin

• Serving Eviction Summons, Residential and Commercial

Contact Information

(239) 822-7299

brandon@accurateserveftmyers.com 4600 Summerlin Road, Suite C2-411

Fort Myers, FL 33907

The personal injury team at Aloia Roland stand ready to represent and fight for your friends, family and clients. With deep roots in Southwest Florida, their attorneys are dedicated to fighting for justice for members of our community who have been needlessly harmed through no fault of their own.

Evan D. Lubell Senior Partner Personal Injury & Wrongful Death

Jonathan Martin Partner Personal Injury & Wrongful Death

Ty G. Roland Senior Partner Personal Injury & Wrongful Death

Banking Isn’t Just About Numbers for Our Community It’s About Protecting & Caring

As the oldest community bank in Lee County, the entire team at Edison National Bank/Bank of the Islands has a special place in their hearts for Southwest Florida. After hours, that includes supporting local conservation efforts to clean up our beaches and help protect the places where we live and work.

Together, we work diligently to serve as the trusted and responsive banking partner that local customers need, building strong relationships and giving back to the community. Our highly experienced and professional team is standing by to deliver remarkable banking services every day, in every way.

To learn more about our customer services and convenient locations, please visit EdisonNationalBank.com or call 239.466.1800.