Res Gestae - March 2024

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. 999

Celebrating Women in Law

As our neighbors to the north finish digging out of winter, March in Fort Myers is time to celebrate the perfect weather that is associated with spring in Florida.

But, did you also know, it is the time of year we celebrate National Women's History Month? I can’t help but marvel at the incredible journey of women attorneys and judges in the 20th Circuit. When I started my legal career at the Public Defender’s office in 1990, we had 6 women lawyers in the Lee County Office, and we had no women serving as Lee County Court Judges. Fast forward 34 years, and 26 of my 48 attorneys in Lee County are women, and 7 of the 9 Lee County Judges are women.

What an incredible shift we have witnessed in the legal landscape where women have risen from being minorities in the courtroom to holding influential positions, influencing legal discourse and leaving our mark on this remarkable profession. This progress is a testament to the perseverance of women attorneys and judges who have shattered glass ceilings while paving the way for generations to come.

The theme for National Women’s History Month 2024 honors “Women Who Advocate for Equity, Diversity and Inclusion.” As we celebrate women who are committed to the pursuit of equality, my thoughts immediately focused on women in the legal profession. They know that people thrive when supported by families, friends, teachers and coaches and our next generation will flourish by listening to different voices with different points of view as they mature.

In the words of the former president of India, Dr. APJ Abdul Kalam, “You have to dream before your dreams can come true.” So, as we acknowledge the transformative power of women judges and attorneys who, with elegance, wisdom and wit, have raised the legal bar, let’s also take the time to recognize the mentors, husbands, fathers and brothers who lifted us up and encouraged us to dream big!

LEE COUNTY BAR ASSOCIATION

ADMINISTRATION

Executive Director

Lauren Baugh

EXECUTIVE COUNCIL

President

Hon. Kathy Smith

Vice President

John Miller III, Esq.

YLD President

Joseph Coleman, Esq.

BOARD MEMBERS

Erin Casey, Esq.

Jerry Olivo, Esq.

Megan Strayhorn, Esq.

Doug Szabo, Esq.

COMMITTEE CHAIRS

Bench-Bar Gala

Diana “Dawn” Maselli, Esq.

Diversity and Inclusion

TBA

Health and Wellness

Hon. Kimberly Davis Bocelli

Ashley Kogan-Weed, Esq.

John Miller III, Esq.

History

Hon. Jenna Persons-Mulicka

E. Bruce Strayhorn, Esq.

Megan Strayhorn, Esq

Law-Related Education

T. Terry Rankin, Esq.

Law Week

Hon. John Carlin

PRACTICE SECTION CHAIRS

Alternative Dispute Resolution

Anne Dalton, Esq.

Alexandra Kleinfeldt, Esq.

Appellate Law

TBA

Corporate Law

TBA

Criminal Law

Asma Anwar, Esq.

Agnieszka Osowicka, Esq.

Elder Law

Lisa Gelman, Esq.

Blake Hampton, Esq.

Amy McGarry, Esq.

Family Law

Kayla Richmond, Esq.

Danielle Seitz, Esq.

Administrative Assistant

Mairelis Tamayo

President Emeritus

Spencer Cordell, Esq.

Secretary

Dawn Maselli, Esq.

Treasurer

John Dommerich Jr., Esq.

JUDICIAL LIAISONS

Hon. Robert Branning

Hon. Devin George

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

General Civil and Business Litigation

Joel Hyatt, Esq.

Kara Jursinski Murphy, Esq.

LCBA Foundation Charity Golf Tournament

Meredith Jones, Esq.

Vanessa Fernandez, Esq.

Mock Trial

Maria Alaimo, Esq.

Shaina Zuppke, Esq.

Paralegal

TBA

Pro Bono

Andrew Banyai, Esq.

Peter Dennis, Esq.

Mental Health Initiative Committee

Holly Cosby, Esq

Dawn Maselli, Esq.

Immigration law

Pablo Hurtado, Esq.

Nirupa Netram, Esq.

Intellectual Property Law

Mark Nieds, Esq.

Land Use and Governmental Law

Zachary Liebetreu, Esq.

Sarah Spector, Esq.

Real Property, Probate and Trust Law

Kenneth Kemp, Esq.

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

Robin Merriman II, Esq.

Solo & Small Firm

Conor Foley, Esq.

Tort Litigation

Diana Castrillon, Esq.

Diana “Dawn” Maselli, Esq.

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Happy March!

While the weather continues to confuse us, we “march” on… See what I did there?

This March, we are celebrating women. There are so many amazing women to celebrate, both here in the Lee County Bar Association and in all of our lives!

As a woman and a mother raising a daughter, I have a phrase that I have used often in both my professional career and at home when teaching my daughter: Empowered Women Empower Women. I did not make this phrase up, but I do use it often. Be sure to thank a woman in your life today!

Speaking of my daughter, she embarks on a trip to Washington, D.C. with her fellow seventh grade friends this month! They are going to be able to go to many amazing sites and even get the chance to meet U.S. Congressman Byron Donalds at the U.S. Capitol!

While she is gone having the time of her life, we will enjoy what is many of our members’ and non-members’ favorite event: the LCBA Annual Bench Bar-B-Q and Shrimp Boil! This event is a family friendly outdoors event, with our Kings of the Crawdads simmering a pot of low country boil and serving us! Come for Mission BBQ with their amazing fare, plus all kinds of fun activities including a bounce house, Southern Snoballs, a live DJ and much more!

If you have not already, shoot on over to the LCBA website and purchase your Shrimp Boil tickets now! Be sure to also check out my weekly e-newsletter, “News You Can Use,” for all the events coming up, so you can mark your calendars! Have any questions about events? Or, do you need help signing up to attend? Please reach out to my office. We are here to help you!

Friendly reminder, if you have not already renewed your membership, or know someone who needs to, please do so immediately so you do not lose out on this amazing publication!

Lastly, look at page 35, where you will see all of our amazing annual sponsors. They are the reason why LCBA is able to host popular member events like this one. If you do not know them already, please go on our website, click their logos and check out their websites where you can find out more about them and their companies!

Lauren Baugh, Executive Director

LBaugh@LeeBar.org | 239.334.0047 Ext. 102

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

Lauren Baugh

Creative/Art Director

Christi Finger

Graphic Designer

Lynsey Gill

Contributing Writers

Hon. Kathy Smith

Lauren Baugh

Maria Alaimo, Esq.

Asma Anwar, Esq.

Joseph Coleman, Esq.

Kathy Dupuy-Bruno, Esq.

Eunice Linot, Esq.

Henry Lee Paul, Esq.

Eve T.K. Volkmann, Esq.

Shaina Zuppke, Esq.

Contributing Photographer

Jim Jett Photography

Res Gestae is an award-winning magazine published monthly by Priority Marketing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to rgeditor@prioritymarketing.com. To advertise, contact Elise Rose at (239) 267-2638 or rgsales@prioritymarketing.com. For billing inquiries, call (239) 334-0047.

We make every effort to ensure the accuracy of the information published, but we cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by writers and advertisers are not necessarily opinions shared by LCBA, Res Gestae or Priority Marketing.

Copyright©2024 Lee County Bar Association, Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission from the Lee County Bar Association. To inquire about such permission, please contact Lee County Bar Association at info@leebar org.

12140 Carissa Commerce Ct., Ste. 201 | Fort Myers, FL 33966 239.267.2638 | prioritymarketing.com | info@prioritymarketing.com

Board

Former

Former

Southwest Florida Resident Since 2005

SAVE THE DATE FOR 2024

SPECIAL EVENTS CALENDAR

As you plan ahead for 2024, here are special LCBA events to note for your calendar. All dates are subject to change and any updates will be posted on LeeBar.org.

MARCH 2024

7 Family Law Lunch & Learn

Time: 12 to 1 p.m.

Location: The Collaboratory

Topic: Legal Practice Pet Peeves and Tips to Avoid Them

Speaker: Reuben A. Doupé, Esq.

Sponsor: Absolute Law

FREE to all LCBA Members

15 RPPTL Virtual CLE

Time: 12 to 1 p.m.

Location: Microsoft Teams

Topic: Key Considerations for Planning with Retirement Assets

Speaker: Al Stashis, Esq.

21 ADR Virtual CLE

Time: 12 to 1 p.m.

Location: Zoom

Topic: Handline Elder Abuse Issues in Mediation

Speaker: Alice Reider Feld, Esq.

23

Bench Bar-B-Q and Shrimp Boil

Time: 12 to 3 p.m.

Location: Alliance for the Arts

Cost: LCBA Members and Guests: $30

Kids ages 7-17: $15

Kids ages 6 and under: Free

Tickets include all you can eat and drink!

For all additional details, please visit www.leebar.org

29 Good Friday

LCBA and courts closed

APRIL 2024

11 Criminal Law Lunch and Learn CLE, sponsored by Molloy Law, LLC – See page 34.

12 RPPTL Virtual Brown Bag CLE

18 ADR Virtual CLE

20 Health and Wellness Family Friendly Barn Yoga – See page 32.

27 Law In The Mall – See page 29. To volunteer, please contact Lauren Baugh.

MAY 2024

3 6th DCA Oral Arguments

3 Law Week Awards Luncheon

10 RPPTL Virtual Brown Bag

16 ADR Virtual CLE

17 LCBAF Annual Charity Golf Tournament

20 General Civil & Business Litigation Lunch and Learn CLE

21 Criminal Law Lunch and Learn, sponsored by Wilbur Smith, LLC.

27 Memorial Day – LCBA and courts closed

JUNE 2024

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

JULY 2024

4 Independence Day – LCBA and courts closed

5 LCBA and courts closed

AUGUST 2024

1 Baseball with the Bar

2 YLD Junk Food with the Judges at the Lee County Justice Center

16 LCBA Luncheon with FL Bar President-Elect Sia Baker-Barnes

SEPTEMBER 2024

2 Labor Day – LCBA and courts closed

OCTOBER 2024

3 Rosh Hashanah – LCBA and courts closed

18 Pro Bono Awards Luncheon at The Edison

NOVEMBER 2024

11 Veterans Day – LCBA and courts closed

28-29 Thanksgiving – LCBA and courts closed

DECEMBER 2024

6 YLD Holiday Fiesta at Millennial Brewing

12 LCBA Annual Holiday Party at The Edison

24-25 Christmas Eve & Christmas – LCBA and courts closed

Henry Lee Paul, Esq.

Lawyer Disciplined for

Threatening Criminal Charges

Rule 4-3.4(g) provides that “A lawyer must not: present, participate in presenting, or threaten to present criminal charges solely to obtain an advantage in a civil matter.” It can often be a fine line between appropriately identifying the possibility of criminal conduct to opposing counsel as opposed to an actual threat to file criminal charges in civil litigation unless certain actions are taken or not taken. A lawyer in The Florida Bar case SC23-0870 crossed the line when he threatened to initiate a criminal investigation in violation of the rule.

The facts reveal a tale fitting a bitter divorce. Husband and wife were negotiating a settlement agreement that included proposed terms for filing a joint tax return. While negotiations to settle the dissolution proceeding were ongoing, husband gave testimony that he had filed a joint tax return with his wife’s permission. Wife disputed that she had given authorization for filing of a joint return and pointed out that negotiations addressing resolution of the tax issue were still pending at the time of husband’s testimony. Wife claimed husband had falsely testified.

Respondent, who represented the wife, sent an email to husband’s counsel and stated, “At this point, we feel [the husband] has two options: one, he can execute the partial settlement agreement as it is written, without alteration, since it has been presented to him as an executed offer by [the wife]; or, two, we can initiate a fraud

investigation with the IRS and request that the return be rescinded and that criminal charges be filed against [the husband] for his fraudulent and illegal conduct."

The determination of whether the threat to present criminal charges was solely made to gain an advantage in civil litigation is often the threshold issue involving an allegation of violation of Rule 4-3.4(g). In this case, the respondent asserted that he “did not intend for complainant or his counsel to interpret his email as an effort to coerce him into any activity and although inappropriate…”

The lawyer also explained that he had long represented the wife in a “particularly acrimonious” dissolution. The wife had survived stage IV cancer after very aggressive treatment and was vulnerable. The fact that husband and wife continued to share the same residence during the dissolution proceeding aggravated mutual spousal hostility. Respondent stated that “[t]he frustration I felt, in the heat of the battle, during the hearing and the subsequent reaction from [complainant] unduly influenced my approach to the issue.”

Ultimately, by approving the consent judgment, the Court accepted that there was clear and convincing evidence that the threat was made solely to gain an advantage in the dissolution. However, the Court apparently gave consideration to the explanations made by respondent. It acknowledged that the conduct was negligent. Respondent received a public reprimand as opposed to suspension.

This case should serve as a reminder to members of the Bar to be careful about how to address potential criminal conduct by an opposing party. There is a significant difference in identifying potential criminal conduct and threatening to file criminal charges unless the opposing party agrees to take or refrain from taking certain actions.

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.

Spring Fling!

LET YOUR GENEROSITY GROW

Join us for a night of fun and great food in a beautiful location with outstanding entertainment, while supporting Lee County Legal Aid Society in its efforts to bring legal help to those in need.

April 20, 2024

6:00 PM - 10:00 PM

THE CLUB AT GATEWAY GREENS 12091 Gateway Greens Dr., Fort Myers, FL 33913

Cocktail Hour, Open Bar, Buffet Dinner & Dancing

$150 PP I $1,050 Table of 8 Judiciary Complimentary

RSVP

April 10, 2024 at LeeCountyLegalAid.org/RSVP

Asma Anwar is currently the Misdemeanor Chief of the 20th Circuit Public Defender’s Office where she is developing the next generation of trial attorneys. Her concentration is on skills-based training with collaboration from a variety of sources, both within and outside her organization. She has tried over 50 criminal jury trials to jury verdict.

By Asma Anwar, Esq.

Overview of Pretrial Detention and Release Hearings

The new year came with changes to Florida Statute 907.041, which addresses pretrial detention and release. Since its effective date, the change has resulted in increased pretrial detention hearings. As a result, assistant state attorneys, assistant public defenders, private practice attorneys and the courts are spending additional hours a week in the identification, preparation and attendance of these hearings.

The statute requires that a defendant charged with a “dangerous crime” shall not be granted non-monetary pretrial release at a first appearance hearing. The court, however, maintains discretion to condition bonds on electronic monitoring or release on recognizance when appropriate.

Such defendants are to be held in custody by the arresting agency for a period not to exceed 24 hours, prior to the state attorney filing a pretrial detention motion. A full list of qualifying offenses can be found within the statute, but it should be noted that among the 23 crimes listed are the misdemeanor offenses of stalking and domestic violence battery.

Locally, the practice is to identify a qualifying case at first appearance. The State then continues the case to file the pretrial detention motion, which is heard the next day. The statute allows both sides to continue the hearing. The State may continue a case once for “good cause,” but no defining information is given as to what would

constitute “good cause.” A defendant can ask for a continuance, but it cannot be for more than five days on either side, absent extenuating circumstances. In most instances, a continuance would not be beneficial to a defendant as it allows the State additional time to gather evidence and witnesses for the hearing.

When it comes to evidence to be considered, there is flexibility. The State ultimately has the burden of showing the necessity of a pretrial detention. As such, they must convince the Court that no conditions of release or bail will assure the integrity of the judicial process, ensure the defendant will appear at future court dates, or reasonably protect the community from risk of physical harm.

To meet its burden, the State may present evidence of the defendant’s past and present patterns of behavior. This includes, but is not limited to, arrests that did not result in convictions as well as the general criminal history of the individual charged. Notably, the State must present non-hearsay evidence during pretrial detention hearings. Such as in hearings for violation of probation, hearsay alone is not enough to meet the State’s burden.

Per F.S. 907.041(5)(i), rules concerning the admissibility of evidence in criminal trials do not apply, except when it comes to evidence that was obtained in violation of the United States Constitution. It is unclear how the issue of a constitutional violation should be raised and when. Counsel could simply

argue that the evidence was illegally obtained during the pretrial detention hearing. However, this may be an instance where the defendant might ask for a continuance of the detention hearing to file a motion to suppress. Logically, that motion should be heard before the detention hearing.

If the defendant chooses, they may testify at the hearing, knowing anything they say cannot be used against them to prove guilt but can be used for impeachment, similar to a proffer agreement. A defendant’s testimony at such a hearing should generally be limited to traditional bond questions, such as those relating to criminal history, local ties, past court attendance, etc. The goal is to protect the defendant from a substantive cross-examination while drawing out helpful information.

After a pretrial detention hearing, the Court should hand down an order that relies solely on what is presented at the hearing. Such an order should contain findings of fact and conclusions of law in support of the ruling. It can be either written or orally announced.

The overall goal of this statute is to protect the community from the risk of physical harm. However, as we all figure out how to navigate these pretrial detention hearings, the rights of the accused must be maintained in balance with the intent of the legislature.

LEE COUNTY MOCK TRIAL COMPETITION WINNERS & AWARDING SPONSORS

February 2, 2024

Best Plaintiff Attorney

Valeska Perez

Sponsored by Aloia, Roland, Lubell & Morgan, P.A.

Best Defense Attorney

Michaela Fischer

Sponsored by Tracey L. Redd, P.A.

Best Plaintiff Witness

Bridgitte Maillakakis

Sponsored by Titan Law, PLLC

Best Defense Witness

Shenard Williams

Sponsored by Titan Law, PLLC

Best Opening Statement

Alex Sareh

Sponsored by Law Office of Marcy L. Shaw

Best Closing Argument

Sophia Dupeyron

Sponsored by LCBA Foundation, in honor of Miguel C. Fernandez, III

Team Professionalism

Cypress Lake High School

Sponsored by The Law Office of Karla Y. Campos-Andersen

By Maria Alaimo, Esq. and Shaina Zuppke, Esq.

RESULTS ARE IN MOCK TRIAL

This February, high school students from across Lee County gathered at the courthouse in downtown Fort Myers for the annual Lee County Mock Trial Competition.

The School Board Attorneys from the School District of Lee County, members of the Lee County Bar Association and members of the judiciary from both Lee County and the Twentieth Judicial Circuit worked together to organize and host this year’s competition.

Started in 1991, this time-honored tradition provides a way for students to investigate a potential career as an attorney by getting hands-on in the courtroom and putting their legal knowledge into action. Private, charter and public schools participate in the Lee County competition each year. Additionally, many local judges, magistrates and attorneys volunteer as Scoring and Presiding Judges.

Facing students during the 2024 competition was a breach of contract case involving the wrongful expulsion of the Plaintiff, using details

and rules prepared by the Justice Teaching Center at Florida Southern College.

Six teams participated in this year’s event: Cape Coral High School, Canterbury School, Cypress Lake High School, Estero High School, Fort Myers High School and Bonita Springs High School. All Lee County teams competed on Friday, February 2 to be able to move forward to Circuit Competition.

On Friday, February 9, Cape Coral High School and Canterbury School were the two teams who progressed to the Championship round with Honorable Judge John E. Steele presiding. Cape Coral High School was the winner of the Championship round, moving on to Circuit Competition.

Approximately 30 volunteers participated in this year’s event, ranging from local Judges, attorneys and Lee County School District staff. Additionally, it would not be possible to host this event without the support of the Lee County Justice Center and Security!

female lawyer proud to be a HISTORY IN THE MAKING:

As a new partner at Goldstein, Buckley, Cechman, Rice & Purtz, I am proudly following in the footsteps of pioneers who defined the role of women in law.

Those women include Belva Lockwood, the first woman admitted to the Bar of the Supreme Court in 1879. She became the first woman to argue a case before the justices, but she faced professional and societal barriers against practicing law – not because of her skills and knowledge, but because of her gender.

It wasn’t until 1981 that Sandra Day O’Connor took her seat as the first woman on the U.S. Supreme Court.

Locally, a movement within the legal profession started in 1951 when the Lee County Association for Women Lawyers, a branch of the Florida Association for Women Lawyers, was established with the goal of propelling women lawyers into economic, social and leadership spheres of power.

However, change was painstakingly slow. In 1987, the new American Bar Association Commission on Women in the Profession outlined four primary objectives: assess the status of women in the legal profession; identify barriers preventing female lawyers from full participation in the work, responsibilities and rewards of the profession; develop educational programs and resources to address discrimination; and make recommendations to the ABA to address problems and inequalities.

Similarly, the Florida Bar Association created several commissions and committees to address gender equality in law through the years.

Thankfully, barriers to women practicing law have diminished significantly, but the profession has not yet reached equality. In 2020, the ABA reported that women made up 47% of law firm associates, 32% of non-equity partners and 22% of equity partners. Also, the top-earning attorneys in law firms were still overwhelmingly men.

In 1960, women comprised just 3.5% of enrollment in ABA-approved law schools nationally. Fast forward to 2021, when an Enjuris study found 55.3% of law students were female. In fact, nearly 83% of law schools nationwide have more female than male attendees, including here in Florida.

Personally, I decided to pursue a career in law after eight years in the senior aging and health care industry. I certainly benefited from strong female and male mentors throughout law school, and in the five years since earning my Juris Doctor. Working alongside seasoned lawyers and as second chair with board-certified trial lawyers led me to refine my focus from wills, trusts, estates, general litigation and construction law to personal injury.

Women will continue shaping the practice of law, and I am proud to be among two female partners at Goldstein, Buckley, Cechman, Rice & Purtz.

Eve T.K. Volkmann, a partner at Goldstein, Buckley, Cechman, Rice & Purtz, graduated from Ave Maria School of Law in 2019. She was successful in securing the second-highest jury award in 2021 in Lee County for an insurance-related property claim resulting from Hurricane Irma.

This special advertising section showcases female attorneys from local Lee County law firms and highlights their areas of legal expertise. Join us in celebrating these female professionals in honor of Women’s History Month!

Emmanuella Casimir was born in Haiti, a country rich in culture and history. Her Haitian heritage has not only shaped her identity but also fueled her passion for helping others navigate the complexities of immigration law. Emmanuella's personal experiences have given her a profound understanding of the challenges faced by immigrants, making her a compassionate and empathetic advocate for her clients.

As Emmanuella takes on the role of a litigation attorney specializing in removal defense cases, we are eager to witness her growth and impact. Her unique blend of courtroom experience, immigrant background, linguistic skills, and compassionate approach make her a force to be reckoned with in the field of immigration law. We have no doubt that Emmanuella will not only secure favorable outcomes for her clients but also provide them with the support and guidance they deserve during what can often be a challenging journey.

At DeMine Immigration Law Firm, we are excited to have Emmanuella Casimir on board and look forward to the positive contributions she will bring to our clients and the entire immigration law community.

“Fight for the things that you care about, but do it in a way that will lead others to

Amantha (Amy)

Amanda Dorio Amanda Ross

Christina O’Brien Colby Keefe

Erin Houck-Toll

Krithika Venugopal

Shannon Puopolo

Kayla Richmond

Beth Vogelsang

Iman Zekri

Sharon Zuccaro Spencer Shaw

Madison Tanner

Katie Kohn

Nicole Goetz

Emmanuella Casimir

Women play an essential role at Ave Maria School of Law in Naples, Florida, from our patroness, the Blessed Mother, to our esteemed faculty and staff. Our five female Associate Deans embody excellence, wisdom, and integrity, leading with a vision that integrates timeless principles with contemporary legal education. They are educators and mentors, guiding students through the complexities of law school with a compassionate and discerning approach. In 2023 for the first time in history, female associates outnumber male associates at firms nationwide. With the expertise of these “ladies in the law,” we see why. Experience the difference at Ave Maria School of Law, where leadership and learning go hand in hand.

From l-r: Roxanna Cruz, Associate Dean of Admissions, Financial Aid, and Housing; Maureen Milliron, Associate Dean of Student Affairs; Jill Backer, Associate Dean of Professional Development; Elizabeth Westhoff Associate Dean of Communications and External Affairs; Kay Castro, Associate Dean of Finance and Administration.

THE PATHWAY TO POSITIVE CHANGE

In honor of National Women’s Month

Arriving in New York City for a new life, my 5-year-old mind raced with the possibilities: new friends, a new school, a new neighborhood (Brooklyn). Best of all, there would be a reunion with the parents who had made the difficult but necessary decision to leave me back in Haiti with my grandparents while building us a new life here in America.

Fast-forward several decades. That shy, Creole-speaking girl has grown into a college and law school graduate, a wife, mother, attorney, taxpayer and, for nearly 30 years, a U.S. citizen. Crucially, our family had the means and the support to navigate the immigration journey together, although only after a two-year delay while my parents got settled in their new home. Of course, many others in such circumstances lack this kind of support.

This glaring need largely shaped my own personal path as a new American – as well as my professional path, motivating me to become a resource to those who need support along their immigration journey.

After graduating from Ave Maria School of Law in Naples and then working in private practice, I joined the Lee County Legal Aid Society. That’s where I now oversee an outreach effort to assist immigrant children and teens those who have been abandoned, entered the country alone, or are victims of human trafficking.

The three-year effort began late last year and is funded by a federal American Rescue Plan Act (ARPA) grant of roughly $490,000, administered by the United Way of Lee, Hendry, and Glades Counties.

Working in cooperation with a host of community partners, including the aforementioned United Way as well as Catholic Charities for the Diocese of Venice, Guardian ad Litem 20th Judicial Circuit, Lee County Injury Prevention Coalition and more, we provide no-cost legal representation – and critically, a path to legal citizenship – for abused, neglected and abandoned youth under age 18 who, through no fault of their own, wind up in our community with no adults in their lives and with nowhere to turn.

Some are in foster care. but will soon age out of the system. Others were brought here

Eunice Gedeon Linot is an immigration services and Florida family law attorney with the Lee County Legal Aid Society.

against their will by human traffickers. Rather than a punitive approach, this innovative new effort provides these minors with the opportunity to earn a green card and legally live, work, study and pay taxes in the U.S., strengthening our community while bolstering our economy and quality of life.

The pathway to legal citizenship begins with a petition before Lee County Family Court for Special Immigrant Juvenile Status (SIJS). The SIJS designation is a special visa category established by Congress in 1990 that permits immigrant children who are dependent on a juvenile court to “self-petition” and obtain lawful permanent resident status.

The juvenile court must first determine that family reunification is not a viable option, and that it is not in the child’s best interest to return to their home country.

Once the dependency petition is approved, the case is sent to U.S. Citizenship and Immigration Services (USCIS) for consideration of an adjustment of status to lawful permanent residency. That classification then allows those clients to apply for a work permit and Social Security card.

That was the path taken by Wilson, who came to this country on his own three years ago from Guatemala and was placed in foster care after running away from a Florida Department of Children and

Families facility. To protect the privacy of Wilson and other clients, I only refer to them here by their first names, or pseudonyms. With his SIJS status in hand, Wilson is now working in the Fort Myers area, has secured housing and is a new father – with the hopes now of providing a far better life for his own child in a safe, secure and healthy environment.

For most, their journeys to this point are beyond harrowing. Another client, Lola, came to us as a 14-year-old who ran away from home in Honduras to escape a drug- and alcohol-addicted mother and a father who, once his child turned 12, insisted she either work full-time or get married.

Lola, now 16, is enrolled in Lee County schools and living here with an aunt. She hopes to study nursing and dreams of one day becoming a surgeon.

Unlike in criminal law, there is no Constitutional right to an attorney in civil law, which includes landlord-tenant disputes, foreclosures, evictions, probate, debt collection, child custody cases, domestic violence orders of protection and more.

The team at Lee County Legal Aid Society is deeply appreciative of our community partners in this renewed effort to narrow the access to justice gap in civil cases – and stand ready to zealously advocate for those in need of assistance, including society’s most vulnerable.

YOU’RE INVITED!

LCBA Bench Bar-B-Q & Shrimp Boil

SATURDAY,

MARCH 23

12 p.m. to 3 p.m.

10091 McGregor Blvd. Fort Myers, FL 33919

Are you a reel fan of simmering shrimp, crawfish, corn and sausage – or mouthwatering barbecue? How about standing around the grill, casting a line into a lively conversation with friends and enjoying the camaraderie with new faces?

Take the bait, save the date and attend our always-popular LCBA Annual Bench Bar-B-Q & Shrimp Boil on Saturday, March 23 from noon to 3 p.m. You’ll get to crack open a cold one with fellow attorneys and judges within the Southwest Florida legal community.

Jerry Von Gruben and the Honorable Robert Branning will prepare a boatload of seafood for the spicy shrimp boil alongside sweet, smoky barbecue from Mission BBQ. Together, this dynamic duo will feed the bench and the bar.

You are also encouraged to bring your little sea pirates to Alliance for the Arts in Fort Myers for this family friendly event. They will enjoy a variety of recreational activities during the event, including facepainting, a bounce house, live DJ and sweet treats.

Purchase your tickets now at LeeBar.org. Tickets for LCBA members, judges and guests of members cost $30 and include all you can eat and drink! Non-members may attend for $50. Kids ages 7 to 17 are $15, while children ages 6 and below can attend free!

SPONSORSHIP OPPORTUNITIES STILL AVAILABLE!

Would you like to position your business in front of the legal community in Lee County? The 2024 Annual Bench Bar-B-Q & Shrimp Boil is one of our most highly attended events, which makes it an excellent opportunity to promote your firm or professional services.

Contact Lauren Baugh at LBaugh@leebar.org or call (239) 334-0047 to secure a sponsorship package. For more event details, see page 26.

finding freedom from fear and abuse.

Abuse Counseling & Treatment Offers Resources and Support

In 1974, a group of dedicated women founded the very first rape crisis center in Lee County. In 1978, the group officially incorporated under the name of Abuse Counseling and Treatment, Inc. (ACT) and opened the nonprofit organization’s very first safe shelter for domestic violence. As a result, these women have changed the face of our community and saved countless lives.

Today, ACT serves as a vital force in the Southwest Florida community, helping on average over 6,000 women, men and children each year rebuild their lives free from abuse and fear. This private, nonprofit social service agency is funded by grants and donations. Services are free and provided to everyone, including those who may have experienced sexual abuse as children or men in same-sex relationships. ACT offers several comprehensive programs to serve the community, including counseling, advocacy, economic empowerment, life skills, health literacy, job skills evaluation and crisis response programs, in addition to individual psychoeducation and therapy for at-risk and abused children ages 4 to 17. All services are offered free of charge to victims and their children.

ACT’s 24-hour crisis hotline rings more than 40 times per day, and more than 15,000 calls were received in the last year alone. Those reaching out for assistance come from all socio-economic backgrounds, education, ethnicities and sexual orientations.

Help begins with a listening ear, followed by potential medical attention, shelter, clothing, food, transportation and protection. It ends with education, esteem, confidence, self-reliance, friendship and hope for the days ahead.

NEW MEMBERS

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

GABRIEL ARBOIS, ESQ. Hahn Loeser Parks, LLP

JENNIFER FULLER, PARALEGAL School District of Lee County

MATTHEW GENAY, ESQ. LSI Companies, Inc.

J.R. HELFRICH

Corporate Valuation Advisors

ROBERT HOLBORN II, ESQ.

Lee County Attorney’s Office

KATHRYN LAVELLE, ESQ.

State Attorney’s Office

LOUIS LIRA, ESQ.

Lee County Attorney’s Office

L. GAIL MARKHAM

Markham Norton Mosteller Wright & Company, PA

CORRIS MCINTOSH, ESQ.

School District of Lee County

MARANNETTE MOORE, PARALEGAL

School District of Lee County

DANIELLE O’HALLORAN, ESQ.

Ringsmuth, Day & O’Halloran, PLLC

GISELLE TAPANES, ESQ.

Twentieth Circuit AOC

ASHLEY KOGAN WEED, ESQ.

Office of the Public Defender

VICTOR OROZCO ZULETTA, ESQ.

School District of Lee County

SAVE TIME, MONEY & STRESS

WITH

I recently attended Florida Bar President Scott Westheimer’s presentation to the Collier County Bar Association titled, “What to Know about Florida’s Lawyer Discipline System and How to Avoid It.”

During his presentation, President Westheimer discussed how one of the most common disciplinary issues Florida lawyers routinely encounter are issues involving trust accounting. Without modern day software, trust accounting can be almost impossible, especially for new solo and small law firm attorneys recently admitted to the practice of law in Florida.

Enter NOTA. NOTA was originally developed by M&T Bank, but has developed into a standalone product within the last year. You can use NOTA for free if you bank with M&T, but as of this year, The Florida Bar also began offering NOTA as a standalone product for free as a member benefit. If you have ever used TrustBooks or a similar trust accounting software, NOTA is likely very similar.

How do I know so much about NOTA? When I started my law firm almost two years ago, I watched several videos on trust accounting put together by The Florida Bar, when The Florida Bar originally introduced me to NOTA. I wanted to find a software that would easily sync with my

practice management software, Clio, and was easy to use. I started banking with M&T Bank and began using NOTA. NOTA was nothing short of revolutionary.

NOTA is a solution that has the unique ability to integrate with your practice-management software and its workflows to create separate trust accounts for each of your matters. Meaning, you will not have to transfer files or change software to benefit from all of the features that NOTA has to offer. NOTA even partners with some banks, which makes transferring trust funds as quick as the click of a button.

This cloud-based platform is also incredibly easy-to-use, but if you do have questions, they have knowledgeable support staff waiting to hop on a video chat with you. Not only does NOTA save you time, and thereby money, but it also does the crucial job of providing necessary account maintenance. In fact, NOTA runs all the reports needed to keep your firm’s accounts compliant and reconciles them in minutes, if not seconds.

After starting my own law firm and using NOTA for almost two years, I can confidently say that it is a trust accounting solution that will save you time, money and stress.

more information about this free Florida Bar Member

your firm is missing.

Joseph Coleman is a Florida Bar Board Certified Business Litigation Attorney. He currently practices commercial litigation and intellectual property litigation at his firm, Coleman Litigation. Joey is also currently President Elect of the Young Lawyer's Section of the Lee County Bar Association.

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

City of Fort Myers Attorney’s Office

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 Attorney’s Office

Lee County Legal Aid Society, Inc.

Light Path Law, P.A.

Linde Law Group

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 Law Firm

School District of Lee County

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

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

Viles & Beckman, LLC

Wilbur Smith, LLC

Yeslow, Koeppel & Anderson

Barbara

ZinnLaw, PLLC.

Men’s Rights Law Firm

Criminal Defense Attorneys

THINGS

YOU DON'T KNOW ABOUT ME

u Kathy Dupuy-Bruno

1. I am currently serving as School Board Attorney and General Counsel for the Lee County School District. In this role, I represent the 8th largest school district in the state of Florida, which has an operating budget of 2.7 billion dollars, 13,000 employees and 100,000 students. My job involves dealing with a variety of legal issues on a daily basis and requires me to have a broad understanding of the laws that are implicated. As the legal adviser to the Board, Superintendent and staff, I am responsible for monitoring the ever-changing legal landscape, which is intellectually challenging.

2. I would love to sit down with Thurgood Marshall and the fictional character Perry Mason. Both of those individuals have had an impact on me, how I practice law, and what, in my view, it really means to be a lawyer.

3. In my current job, time is a precious commodity. Therefore, whenever I get the opportunity to sit down and play a board game with my children, it becomes a special moment for me. I particularly relish our family vacations since they give me a chance to reconnect with my loved ones, unwind, recharge, have fun and explore new places.

4. The advice would I give my younger self? It is important to consistently seek new knowledge in your area of law, maintain your confidence, remain humble and professional, collaborate with others as you can, pursue your goals, and be kind.

5. Decades ago, my grandmother served as Pennsylvania's Civil Service Commissioner. I admired her, and she always drove a Lincoln. In honor of her memory, I now drive one too.

IN THE NEWS

ATTORNEY ON ICE

Benjamin Yormak is a board-certified expert in labor and employment law. Originally from London, Ontario, he grew up playing hockey. He played as a goalie through college and law school. After moving to SWFL in 2009, he started playing at Hertz Arena in a league with a number of pros and former Everblades players.

Then one night, he got the call: One of the goalies for the Atlanta Gladiators was hurt during the previous game and the team needed a player to fill in. After a full day of appointments, Yormak put on a jersey and played a great game against the Everblades at Hertz Arena, with his kids cheering him on.

When the game ended, Yormak packed up and drove to Orlando that same night to speak at The Florida Bar’s Labor and Employment Conference at 8 a.m. the next morning. Way to be a team player!

GOING THE EXTRA MILE

What better way to celebrate a birthday than a heart-healthy bike ride? Robert Shearman celebrated his special day accompanied by fellow cyclists Brian Riley, John Miller and Aaron O’Brien. The group stuck it out for 63+ miles through rain and wind. Shearman joked that this leaves just enough time to recover and get ready for next year!

ON THE MOVE

Henderson, Franklin, Starnes & Holt, P.A. recently announced the election of Edward Canterbury as managing lawyer for a three-year term beginning in May. Since his arrival at Henderson Franklin in 2005, the firm reports Canterbury has showcased his exceptional leadership skills, previously serving on its Executive Committee, leading both the Associate and Expansion Committees, and contributing significantly to the Recruiting Committee. The firm, which is celebrating its 100th anniversary, also elevated litigation attorney Madison Tanner to stockholder following her recent time as summer associate. Additionally, Krithika Venugopal has joined the firm’s Naples office, and will represent clients in a broad spectrum of business, probate and trust, and real estate litigation matters.

VOLUNTEERS IN ACTION

Calusa Nature Center & Planetarium in Fort Myers recently gave three members of the YLD leadership team a social media shoutout for their volunteer efforts for the nonprofit environmental educational organization in Fort Myers.

YLD Vice President Kevin Huguelet, Pro Bono & Volunteer Chair Zach Lombardo and YLD President Joseph Coleman worked hard to clean up two raptor aviary exhibits, including digging out two ponds and picking Caesarweed outside the aviary. Thank you for demonstrating leadership in action!

ADR PRACTICE SECTION UPDATE

As of January 1, Alexandra Kleinfeldt, Esq. has been appointed as the chair of the Lee County Bar Association’s ADR Practice Section with Anne Dalton, Esq. as co-chair. Kleinfieldt is the founder of Kleinfeldt Law Firm, PLLC, where she practices in the area of estate planning, probates, guardianships and family law. She also is the co-chair of the GAL Committee and serves the community as a mediator, arbitrator and Guardian Ad Litem.

SHARE YOUR NEWS!

If you have legal news to share, we want to hear from you! Please send press releases to RGEditor@ PriorityMarketing.com.

PLAN FOR YOUR FUTURE WITH EVERWELL FINANCIAL

Women make up one-third of the country's financial advisors even though women make more than fifty percent of the buying decisions in this country. At Everwell Financial, we make investing and advising personal for women because we know there’s a person behind every decision made with money.

We know the Lee County Bar Association members do business in the same manner, which is why we’re proud to be aligned with you. We focus on retirement planning, wealth management, and financial planning. Danielle is also a certified divorce financial analyst. Everwell looks forward to serving alongside you to serve your clients collaboratively.

The Everwell mission is simple. We deliver a personal touch with compassion for every client’s unique situation by creating holistic and customized financial solutions. We partner with clients in a long-term trusted relationship and strive to empower clients to achieve their financial goals and deploy their golden parachute for retirement.

In April of 2024, Danielle will celebrate two decades of financial planning experience. With a passion for helping people design their futures and a longtime advocate of comprehensive planning, she connects on a personal level to ensure each client has the right plan to reach their goals.

Danielle has a Retirement Income Certified Professional (RICP) designation from the American College and holds FINRA Series 6, 7, 63 & 66 securities registrations. She is also a Top of the Table Member of Million Dollar Round Table and also holds a Certified Divorce Financial Analyst® certification.

“I never dreamed about success. I worked for it.”

The women of Aloia Roland define success. They relentlessly pursue and achieve their goals. Our firm excels due to their perseverance, leadership, and tenacity.

Offices: 2222 Second Street, Ft. Myers, FL 33901 1222 47th Street, Cape Coral, FL 33904

Telephone: 239.791.7950

Website: LawDefined.com

Estée Lauder

Danielle Levy Seitz Partner Family Law & Adoption

Katherine E. Camadeco Senior Associate Family Law & Adoption

M. Denise Molina-Vel Associate Business & Civil Litigation

Rochelle A. Pitts Associate Personal Injury & Wrongful Death

“We Make It Our Business to Support Women in Business. ”

Like Thomas Edison, we believe there is always “a better way.” Supporting women in the banking profession is one way we’ve followed this advice from the beginning. With bank founder and president Robbie Roepstorff at the helm, we began Edison National Bank/Bank of the Islands with many strong businesswomen on board in 1997, and we have continued to value and support our female banking staff ever since. Most importantly, we’re proud to say many of our customers are strong female business owners and professionals in the Southwest Florida community!

Edison National Bank/Bank of the Islands customers enjoy:

• Free online and mobile banking

• No-fee access to their account funds at any Publix® Presto! ATM

• Free bill pay services for personal account holders

• Courier and cash management services for business clients

•Streamlined processing for all loans including commercial and residential mortgage loans

Robbie Roepstorff, President