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RES GESTAE

THE OFFICIAL PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

FEBRUARY 2014

Synergy and Specialization Practice Chairs Team Up for Success

Making Room for Marriage Say “I Do” at Clerk of Courts

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949


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Contents features

20

Clerk of Courts gives couples space for memories

by Sara Fitzpatrick Comito

22

6

Letter from the President

8

Letter from the Editor

by John D. Agnew, Esq.

by Nanci DuBois

10 Calendar of Events

Synergy and Specialization

LCBA’s practice sections add up to success

by Sara Fitzpatrick Comito

12 Family Law Matters

7 magic words by Luis E. Insignares, Esq.

16 Legal Business Development By optimism or serendipity?

20

by Paula Black

EXECUTIVE EDITOR Nanci DuBois 239.334.0047 ASSOCIATE EDITOR Sara Fitzpatrick Comito

28 The Dish

Nice Guys Pints and Pies

32 On the Bench

Hon. John E. Steele

33 From the Bar

Michael C. McQuagge, Esq.

34 Real Estate 36 Legal Briefs

News and Happenings

isers dvert BA. a r u O LC rt the r best to o p p su ou t’s do n return! e l e s Plea hem i t t r o supp

Introducing

The Real Estate Section, Page 32! BUY, SELL, LEASE & Find Other Valuable Real Estate Related Services

RES GESTAE | February 2014

PUBLISHER Connie Ramos-Williams 239.690.9840

LAYOUT AND DESIGN Kat Godina

Where to Meet and Eat

30 Legal Lens Social Scene Photos

28

Staff Box

27 The Dish List

22

239.334.0047 resgestae@leebar.org

CREATIVE DIRECTOR April Bordeaux

4

re s g e s ta e

THE OFFICIAL PUBLICATION OF THE LEE COUNTY FLORIDA BAR ASSOCIATION

Making Room for Marriage

departments

ADVERTISING DIRECTOR Linda Fiore 239.690.9840 CONTRIBUTING WRITERS Sara Fitzpatrick Comito Nanci DuBois John D. Agnew, Esq. Luis E. Insignares, Esq. Paula Black BILLING INQUIRIES 239.334.0047 Res Gestae is published monthly by CONRIC Publishing in partnership with Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to: resgestae@leebar.org. We make every effort to ensure the accuracy of the information published, but cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae, or CONRIC Publishing. On The Cover: Practice Section Chairs, Kenneth Kemp, Russell Schropp, Jo Ellen Kane, and Rana Holz were recognized at the January LCBA Luncheon. Not pictured: Practice Section Chairs Anne Dalton, Margaret White-Small, PJ Scheiner, and Keith Upson. Cover Photo: Kat Godina Copyright© 2014. 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 of the Lee County Bar Association. To inquire about such permission, please contact Nanci DuBois, Executive Director of the Lee County Bar Association at info@leebar.org.


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Note from the President The Lee County Bar Association was formed in 1949, with a few dozen attorneys. Today we number roughly 800. While practicing attorneys in the 1940’s and 1950’s were typically generalists, as the decades passed, attorneys began increasingly focusing their practices in one or a few related areas. As the LCBA’s members grew more focused and its ranks began to swell, the one-size-fits-all model could not provide the membership all the benefits they deserved. From these changes, the LCBA recognized a need to expand beyond general meetings, and the first practice sections were created. Additional sections have been created since that time, such that we now have eight. Some of our practice sections have been thriving for years, while others are still in their infancy. In December 2013, the incoming Executive Council and the Practice Section Chairs met to discuss how we could sustain the greatness of those already-flourishing sections and improve the structure and support of the others. The result was great information sharing between and among our talented Practice Section Chairs, which I fully expect will bear fruit in the form of stronger sections and more collaborative efforts in the future. If you have never attended a practice section meeting or have not done so recently, I encourage you to see what you are missing. As is the case with many organizations, the biggest strength of the LCBA is its members. My hope is for us to continue to better leverage those strengths. The more who are involved, the stronger we become, and the more we can accomplish. Just as we needed to adapt to the times by branching out with practice sections, we also need to expand our roots, to better ensure we are tapping into our best resources. For this reason, the Executive Council will soon put forth a motion to amend our By-Laws to expand the Executive Council and change the way our directors are elected. As far back as I am aware, the LCBA has always been governed by a five-member Executive Council. To serve, a member has had but a single option—commit to a half-decade of service, by running for the Member-at-Large position and, eventually, ascend to be President. The problems with that model include a length of commitment too great for many who could be quality additions, infrequent infusion of new blood and ideas, and a group too small to properly serve the diverse needs of a membership that has grown exponentially since the current model was enacted. The new proposal will call for a progressive expansion of the Executive Council from the present model to one which has nine voting members, the majority of whom will serve staggered, two-year terms. Our Executive Council is unanimous in its support of the measure, and within the next month or so, we will submit a formal proposal for your consideration. We ask not only for your support of the measure, but also for your interest in serving the LCBA, beginning with what we hope will be a new election process this fall. John D. Agnew, Esq. john.agnew@henlaw.com | (239) 344-1364 6

RES GESTAE | February 2014

LEE COUNTY BAR ASSOCIATION ADMINISTRATIVE TEAM EXECUTIVE DIRECTOR Nanci G. DuBois EXECUTIVE ASSISTANT Lisa Poulin LAWYER REFERRAL & PRO BONO COORDINATOR Kathy Robinson

EXECUTIVE COUNCIL PRESIDENT John D. Agnew, Esq. VICE-PRESIDENT Anne Dalton, Esq. SECRETARY Scott Atwood, Esq. TREASURER Kelly Fayer, Esq. MEMBER-AT-LARGE Daniel Endrizal, Esq.

YOUNG LAWYERS DIVISION PRESIDENT Shannon Puopolo, Esq.

COMMITTEES HISTORY E. Bruce Strayhorn, Esq. & Jenna Persons, Esq. LAW RELATED EDUCATION Jaime Maurer, Esq. & Scott Atwood, Esq. LAW WEEK Hon. John S. Carlin MOCK TRIAL Mary C. Evans, Esq. PAST PRESIDENT Mary C. Evans, Esq. PRO BONO Audrey Singelton, Esq. & Katie Berkey, Esq. MEMBERSHIP Carlos Kelly, Esq. SOCIAL EVENTS Amanda Mitteer-Bartley, Esq. & Theresa Daniels, Esq.

PRACTICE SECTION CHAIRS ALTERNATIVE DISPUTE RESOLUTION Anne Dalton, Esq. APPELLATE LAW Margaret White-Small, Esq. CRIMINAL LAW Keith Upson, Esq. REAL PROPERTY, PROBATE & TRUST LAW Kenneth Kemp, Esq. GENERAL CIVIL & BUSINESS LITIGATION Vacant TORT LITIGATION Preston John (PJ) Scheiner, Esq. FAMILY LAW Rana Holz, Esq. & Jo Ellen Kane, Esq. LAND USE & GOVERNMENTAL LAW Russell Schropp, Esq.


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Letter from the Editor As we get into the swing of “The Year of Practice Building,” I want you to consider where you are in your law practice, and what more you might be doing to enhance its professionalism and growth, plan for contingencies, and become even more successful than you are today. The CLE programs being offered this year will change how you think and act. From the solo practitioner through the large firm, we have something of value for everyone. Don’t be left behind…Make it your business to attend as many of our functions this year as possible. You cannot afford not to! In an effort to highlight our valuable programming, we’ve even moved the Res Gestae Calendar of Events forward in the magazine. Below are some important dates to put into your calendar now. On February 21, plan to attend our Morning CLE Program with Heather Christie, “Strategic Planning for Law Offices.” Top five reasons to attend:

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When was the last time you sat down in a structured environment with a world class facilitator to get clarity on the focus and opportunities in your law practice? Do you ever find yourself saying the following: “there isn’t enough time in the day,” or “I have worked all day, but don’t feel like I have gotten anything accomplished?” If you relate to any of those thoughts, there is a chance that your plan isn’t as clear as it could be. If you could increase billable hours, decrease the amount of time you spend at the office, and bring in more business this year would it be worth clearing your calendar and investing a few hours to make that happen? Remember, just one great idea could change the landscape of your practice this year. Heather Christie is an Attorney and Certified Business and Executive Coach with one of the most successful coaching practices in the Country.  She is going to share with you a different way to approach strategic planning and practice building. Are you ready to raise the bar and do things differently this year?  If so, go on-line to www.leebar.org  or call 239-334-0047, Extension 101 today to register for a planning session like no other you have attended before! Later that same day, our Membership Luncheon Meeting features free CLE credit with a presentation by Paula Black. You’ll get a taste for Paula’s expertise further along in this issue of Res Gestae. Paula’s an author and dynamic speaker who will give you real-world practice-building strategies you can begin to use right away. She’ll return next month, too! After our President’s Luncheon Membership Meeting, stay for an afternoon CLE with Paula Black. Turn the page for details! Nanci G. DuBois info@leebar.org | (239) 334-0047 ext. 102 8

RES GESTAE | February 2014

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Calendar of Events

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Feb 21

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Lee County Mock Trial High School Competition

Volunteer judges needed: mary@maryevanslawyer.com

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Noon, details TBA

Family Law Practice Section Lunch Meeting

Noon, Courtroom 5C, 5th FL Justice Center, Topic “It’s in the DNA,” with Rana Holz

Morning CLE with Heather Christie ”Practice Building: Focus on Strategic Planning” The Edison $60 Course fee for Members - $85 fee for Non-Members Registration at 8 with refreshments, CLE 8:30 – 11:30

LCBA Membership Meeting

LCBA Membership Meeting “13 Key Business Development Strategies…That Ensure RESULTS”   Speaker: Paula Black, author of the Little Black Book for Attorneys The Edison, 11:45 – 1

AP Leslea Ellis, LLC

Certified Public Accountant  Certified Fraud Examiner

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Young Lawyers Division Lunch Meeting

Feb 26

Tort Litigation Practice Section Meeting

Sasse’s, 3651 Evans Ave, #101, Fort Myers, 5:30 – 8:00

Executive Council Meeting

5:30 -6:30, Henderson Franklin Starnes & Holt, PA

Feb 27

Tax Preparation Services

Individual Form 1040

Partnership

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Mar 20

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Land Use & Governmental Law Practice Section Lunch Meeting at Lee County Public Works, 1st FL Conference Room Noon

Twentieth Circuit Mock Trial High School Competition

Volunteer judges needed: mary@maryevanslawyer.com

Young Lawyers Division Lunch Meeting The Connection Bar and Grill upstairs Noon

The Bar at the Ballpark!

Minnesota Twins vs Philadelphia Phillies, at Hammond Stadium (Tickets on sale now! $35 per person)

RPPTL Brown Bag Noon, details TBA

Family Law Practice Section Lunch Meeting

Noon, Courtroom 5C, 5th FL Justice Center, Topic TBA

LCBA Membership Meeting

11:45-1 at The Edison, featuring “President’s Luncheon” Panel of Past Lee County Bar Presidents discussing how they conquered practice building challenges

Afternoon CLE with Paula Black

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RES GESTAE | February 2014

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  February 2014 | RES GESTAE

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Family Law Matters

7 Magic Words Chapter 61’s Secret Weapon Statute

by Luis E. Insignares In prior editions of this column we’ve looked at the “alimony reform” movement in Florida, and how the movement is misnamed, since it seeks not the “reform” of Florida alimony, but the very destruction of its lynchpin, permanent alimony. This month, let’s instead look at something a little less controversial. Almost unknown, I’d assert. Section 61.011, Florida Statutes (2013) contains but seven words. No definitional provisions, no subsections, no cross-references, none of the intricacies that we lawyers love to spend (billable) hours dissecting. Just this sentence: “Proceedings under this chapter are in chancery.” In “chancery?” Say what? I’m pretty sure that Florida hasn’t had a King since Ferdinand VII, and hasn’t had an English king since George III, and that means no Chancellor, and thus no Chancery, the royal secretariat in which was ensconced the Royal Seal, named for “the latticed screen or chancel behind which the clerks worked.” J.H. Baker, An Introduction to English Legal History, p. 84 (2d ed. 1979)(“Baker” hereinafter). So what, exactly, is it to which Section 61.011 is referring? And why would I contend that the statute, beyond being a “secret” (which it almost inarguably is), might also be a viable “weapon?” Well, with respect to “chancery,” clearly I’m being overly specific, if not downright pedantic. Professor Black gives us a much more generalized definition, stating that 12

RES GESTAE | February 2014

“chancery” is simply “Equity; equitable jurisdiction; a court of equity; the system of jurisprudence administered in courts of equity.” Black’s Law Dictionary, p. 210 (5th ed. 1979). But how do we get from Baker’s historical definition to Black’s more modern legal definition, and why does whatever “chancery” might mean nowadays make Section 61.011 a secret weapon? What Section 61.011 is getting at is the distinction between “law” and “equity.” “By Tudor times it was a trite saying that Chancery was not a court of law but a court of conscience.” Baker, supra, at p. 89. Chancellors could combine the role of judge and jury and were “not concerned with rules but with individual cases.” Id. at pp. 89-90. Because the courts of Chancery were thought to be too subjective, by contrast to the common law courts, they eventually developed their own rules, albeit ones stated in much more generalized terms. Id. at pp. 90-92. These equitable rules are known in jurisprudence as “maxims,” and guide Chapter 61 proceedings and other cases in chancery. Florida Jurisprudence, Second identifies a good dozen of these maxims, at least some of which should be familiar to family law practitioners: Equity suffers no wrong without a remedy; Equity acts in personam, not in rem; Equity follows the law; Equality is equity; Equity regards as done that which ought to be done; Equity regards substance rather than form; Equity will leave parties to illegal transactions where Continued on page 14


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Family Law Matters Continued from page 12 they find themselves; Equity Aids the Vigilant; One Who Seeks Equity Must Do Equity; and the ever-popular Clean Hands doctrine. See, Id. at Equity, §§ 58-76. So, whenever you feel “stuck” in a Chapter 61 proceeding, and what the opposition is contending seems unfair and inequitable, Section 61.011 gives you a secret weapon. You do not need to find a statute or a case directly on point in order to be entitled to relief. Section 61.011 means that even without such authority, that judge who just needs “something to hang his or her hat on,” in order to rule in your favor, can find it in Section 61.011, and the centuries of equity jurisprudence it puts at your (and the court’s) disposal. You may already be using Section 61.011 without knowing it! For example, when your opponent litigates in bad faith, yet wants his or her attorney’s fees awarded, or, conversely, when you need such an award for having to defend vexatious litigation, Section 61.011 can come to your rescue via Rosen v. Rosen, 696 So.2d 697, 700 (Fla. 1997). The Rosen court found that the inherent equitable powers of chancery courts meant that, despite there being no such specific provision in the Chapter 61 attorney’s fee statute, divorce courts can punish those who inequitably “run up” fees in bad faith, and protect those who have to defend such claims.

14

RES GESTAE | February 2014

A recurring principle I have argued is that equity will not allow a party to profit from her own wrong, Schetter v. Schetter, 279 So.2d 58 (Fla. 4th DCA 1973); Shore Inv. Co. v. Hotel Trinidad, Inc., 158 Fla. 682, 29 So.2d 696 (1947), nor assist litigants in extricating themselves from circumstances they have created. Hill v. Lummus, 123 So.2d 365 (Fla. 3d DCA 1960). How many times have we as family law practitioners recognized that the problem an opposing party seeks relief from was in fact caused by that very party? Equity provides a response! RG

Luis E. Insignares is a board certified marital and family lawyer and a certified family law mediator practicing in Fort Myers, Florida with the firm of Luis E. Insignares, P.A. He serves on the Executive Council of the Family Law Section of the Florida Bar and is a current member of the Family Law Certification Review Committee and former member of the Family Law Rules Committee of the Florida Bar.


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By Paula Black

Are you developing business solely by optimism and serendipity? Be honest. If that is how you have done it in the past, declare that 2014 is the year it will change! But, change to what? That is the question. In order for it to be driven by more than optimism and serendipity you must think about where you want to go and how to get there. That is a PLAN. Your plan can be a page, 10 pages, a binder full or simply some notes on a napkin. It’s not about the form; it’s about the content. Write it down, no matter what form it takes. Putting it on paper solidifies your commitment to the plan. AND… Sharing it with others ensures you will be accountable. Start by deciding what your destination will be. How much revenue do you want or how many new clients do you want? What practice areas do you want to grow or do you want to start a new practice area? Start with the destination. Then figure out what you need to do to get there and by when. Your plan will consist of goals, projections, dreams and educated guesses. Here are a few ideas to consider as you figure out what your roadmap could look like: Building Relationships:  The world has changed. The Internet has opened up vast amounts of information and new opportunities to reach people. But what has not changed is the human desire for relatedness. We still want to work with people we know, like and trust. Leverage every possible relationship and continually build new ones. Here are two ways to do this: Work your referrals. How long has it been since you really worked your referrals? Make a list of all your referral sources. Code them A, B or C. The A’s are the most productive; they have sent you several leads. The B’s are the ones you have gotten a few referrals from, but not as many as you should. The C’s are the ones that have potential if you spent some time cultivating the relationship. Set a goal to work these lists on a regular schedule. How many calls will you make 16

RES GESTAE | February 2014

a week? How many events will you attend where you could run into them? Who do you know that could possibly put in a few good words for you? Review your entire contact list to see if there are people you know that could introduce you to people of influence. Is there someone with whom you could form a strategic alliance? Increasing Credibility: You may have a great reputation with your circle of influence, but that will take you only so far. If you want to grow your practice you need to move beyond your circle. Here are a few strategies to consider: Write articles, blogs and books. There is no better way to demonstrate your points of differentiation than in the content you write. It makes you the expert. What will you commit to? How many articles? Are you going to start a blog? Is this the year you write that book you’ve been thinking about for years? Make speeches and give seminars to trade organizations, Bar Associations or business associations. Find the organization that you can speak to on several topics. The more times you can appear in front of the same audience the better. Find your target. What could you leave with your prospect that could speak for you in your absence? A folder with your business card, a firm brochure and an article or two? Yes, you can tell this potential client to visit your website. However, you are no longer in control, they may or may not go there. When you hand them a well thought out, impressive package it increases your credibility. YOU are in control of delivering that message in a powerful personal way. Increasing Visibility: You can’t have a practice without visibility. It can be rocket fuel when attacked from several directions. For instance: Can your potential clients find out about you through the Continued on page 18


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Continued from page 16 Internet? In this day and age it is imperative that you have an Internet presence. They must be able to find more than directories with your office location and phone number or your website with basic information. It must be information of substance (the great content that you’re going to write.) A great distribution resource for this is JDSupra. It’s the world’s largest legal content distribution site – take a look. Every lawyer should have a LinkedIn profile. It’s the social media site that is professional, easy to do and well respected. You can choose to be active or not so much… you decide. Do your referral sources see you regularly at bar or industry events? Do you stay in touch with your friends, colleagues and classmates? Set your goals. Select the organization and commit to going to one event per month or making one phone call a day to a friend, colleague or classmate. What will you commit to? Is there a publication where advertising would make sense? Does it reach your potential client or referral sources? What message could you communicate that would set you apart from other lawyers? Make an objective review of your website. Does it convey the quality of the legal services you deliver? Is the message clear and concise? Is it easy to navigate? Does it look like a

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2014 site or a 1999 site? It doesn’t need to be state-of-theart, but it does need to reflect who you are today. These are a few sets of ideas to consider in creating your roadmap. I’m sure your unique situation will reveal even more. Figure out what actions are necessary for your growth, set your goals with due dates and commit to making them happen. Next, find a co-conspirator, mentor or coach that will hold you accountable. Then, keep your plan alive – by talking about it often. Someone once told me if you want to be sure to lose something, leave it in your memory. And if you don’t really want to do it, don’t tell anyone. So, tell me: how committed are you to your 2014 success? Then…WRITE A PLAN!  RG Paula Black is a legal branding expert, author, consultant and coach. She is the award-winning author of The Little Black Book on Law Firm Branding & Positioning, The Little Black Book on Law Firm Marketing and Business Development, and the Amazonbestselling The Little Black Book: A Lawyer’s Guide To Creating A Marketing Habit in 21 Days. For weekly inspiration visit... InBlackAndWhiteBlog.com


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By Sara Fitzpatrick Comito

“Going to the chapel, and we’re”…well, you know the rest. In 1964 , when the Dixie Cups made the tune famous, nuptial negotiations were routinely carried out at the local house of worship. This spring, the song will celebrate 50 years since it was recorded and subsequently spent three weeks as number one on the Billboard Hot 100. Our local Clerk of Court is also marking a special anniversary this month: one year since the creation of the Wedding Room, an intimate space for couples of all walks of life to set out on their life together.


Today, betrothed couples enjoy greater choice than ever before. Many couples still opt to follow in their parents’ and their grandparents’ footsteps as they walk down the aisle. Others are casting off the strictures of tradition, and determining for themselves what the beginning of a marriage should look like. The Wedding Room offers newlyweds-to-be a flexible way to commemorate the start of their life-long commitment to each other that allows them to involve friends and family, but avoid the stress often associated with getting hitched. “Issuing marriage licenses and performing wedding ceremonies are two of the more positive duties of the Clerk’s Office,” said Clerk of Court Linda Doggett. In 2013, the office issued 4,345 licenses, and since the creation of the Wedding Room last February, performed 3,058 ceremonies. The staff transformed unused office space using tasteful decorations so that for no additional cost, couples can choose to exchange vows and honor the greeting card image of a wedding, complete with traditional music and a bride’s bouquet. Clerk of Courts customers can still opt to exchange vows at the customer service window. But since the unveiling of the Wedding Room, the number of couples getting married at the office has increased by 10 percent. “You might be able to attribute some of that to the creation of the Wedding Room,” Doggett suggested, “but our office is still a low cost, convenient option for couples who just want to tie the knot without a lot of

fuss. Either way, it is evident that the Clerk’s Recording Office team really cares about their customers.” The cost for a marriage license is $93.50. A $30 ceremony fee secures memories for a lifetime and makes sense for couples who would rather forgo the planning and expense of a more-traditional wedding and reception. An optional wedding package offers a keepsake certificate, online wedding announcements and six digital photos for $25.90. Couples are encouraged to bring guests to witness the happy event. A recently wed couple brought 29 family members and friends, including three bridesmaids and groomsmen each. Naturally, Valentine’s Day is the Clerk’s most popular wedding day, with 25 ceremonies being performed on February 14, 2013. The Wedding Room is usually offered on a first-come, first-married schedule, allowing 15 minutes for each event. However, those wishing to marry on Valentine’s Day are strongly encouraged to make a reservation. Outdoor ceremonies are also available, weather permitting, in front of the old courthouse banyan. Such a mighty and venerable tree would serve as an auspicious metaphor for any couple wanting to put down roots. “I think it is wonderful that our team cares so much about our customers,” Doggett beamed. “The whole office is always looking for ways to improve what we do and how we do it!” Who needs Vegas, when you can just head downtown? You might even have some cash left over for a nice honeymoon. rg

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Synergy and Specialization LCBA’s practice sections add up to success Participating in practice sections is one powerful way to make your membership in the Lee County Bar Association work for you. Continuing Legal Education credits, networking opportunities, presentations by esteemed colleagues and mentors, legislative updates and improved camaraderie all help enhance your personal expertise and the level of professionalism across the legal community. As President John Agnew has dubbed 2014 the Year of Practice Building, the leaders of the LCBA’s Practice Sections have been hard at work organizing events and setting their sights on greater success for members. They were individually recognized at last month’s Membership Meeting, and Res Gestae checked in to see what was in store for their sections for the year ahead. The goal is for the Practice Sections – and the LCBA – to add up to more than the sum of their parts.

Alternative Dispute Resolution Anne Dalton

by Sara Fitzpatrick Comito

professionals’ attendance at our brown bags will provide useful feedback and suggestions about improving the ADR practice locally.” Only in its second year, the ADR section is fortunate to have Judge Laboda as its judicial liaison. She, along with Judges Kyle and Winesett, recently offered their expertise, discussing non-binding arbitration issues in a recent brown bag seminar. Dalton said the judges have been very helpful in encouraging open discussion about these matters by ADR professionals and litigators. Personally, Dalton values the opportunity to network with other ADR professionals and attorneys to discuss issues of importance in a neutral setting, and quipped, “Hey, it sounds like mediation!” Some of those issues include ethical opinions regarding ADR practices, which Dalton characterized as “A constantly evolving area.” She concluded, “Fellow ADR practitioners need to routinely check the DRC website to stay current.” The ADR practice section is open to suggestions for discussion topics, and the meeting schedule will be distributed via email and also posted on the website. Stay tuned!

Appellate Section Margaret H. White-Small

Anne Dalton believes teaming up with other sections is an efficient way to meet the needs of the most members. “The ADR Section is setting up meetings in conjunction with other practice sections (such as the very successful Appellate-ADR brown bag last fall) to provide a wide spectrum of discussion among the practice sections,” she said. “I anticipate more synergy with other practice sections to improve both the quality of ADR services to attorneys and provide a forum for development of new ADR techniques.” Dalton also highlighted the section for those not intimately involved with alternative dispute resolution. “Non-ADR 22

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The Appellate Section is brand new, as of last summer. Chair Margaret White-Smalls invites any and all fellow LCBA members to get involved with this small but dynamic group. “Everyone is welcome!” she exclaimed. Get in touch with her at


mwsnsanibel@aol.com. She listed these as the benefits of being involved in the Appellate Section: (1) Additional education regarding the appeal process, which can assist trial practitioners understand what is required in order to pursue an appeal; (2) An opportunity to meet with Second District Court of Appeal judges, who will speak at certain of our meetings, and can offer the unique perspective of an appellate judge; (3) An opportunity to meet with and talk to appellate practitioners about appellate issues; and (4) CLE hours. White-Small said she’s hoping to grow the section, and explore additional opportunities for combining forces with other sections for the purpose of producing programming that’s beneficial for both. White-Small has spoken to Second District Court of Appeals Judge Charles A. Davis about coming to speak for the section. “It is my hope that other appellate judges will agree to meet with us when they come for oral arguments.” She hopes to provide programming that will be helpful to all LCBA members, and not only experienced appellate practitioners. There might be a lawyer who simply wants to know how to pursue a single appeal, for instance, or better preserve issues for appeal. However, appellate attorneys should jump at the chance to get together with others who speak the same language. As WhiteSmall put it, “I enjoy talking to other appellate practitioners because one of two things happens when the subject of appeals comes up with other non-appellate lawyers: (1) the other lawyer’s eyes glaze over; or (2) the other lawyer develops a nervous tic.”

Criminal Law Keith W. Upson

In 2014, Keith Upson is appropriating the practice building theme with vigor for the Criminal Law section. The section has existed nominally, but as far as anyone can remember, hasn’t been active. It will hold quarterly lunch meetings with guest speakers

presenting what Upson characterized as “fairly intense, substantive lectures.” The first of these featured Chris Cosden of the Wilbur Smith Law Firm last month. He presented on recent changes in Florida’s Evidence Code regarding testimony from expert witnesses. These types of developments bring tangible, lasting ramifications to practitioners, the effects of which have yet to be truly appreciated. Part of the focus of the Criminal Law section will be to help members stay abreast of such important issues so they can prepare for their effects. Upson said he doesn’t have to go too far from home to find dynamic, engaging speakers who know their stuff. “Chris, for example, is universally recognized as an academic giant among lawyers, and I don’t know anybody representing the accused who knows more about the law than he does.” For future meetings, expect to hear from Steve Russell’s office, the bench and someone well versed in federal issues. Most LCBA defense attorneys also belong to the Lee County chapter of the Florida Association of Criminal Defense attorneys. But the criminal practice section isn’t just for those practitioners. “What is unique about this section is that it presents the only opportunity I’m aware of for prosecutors and the defense bar, along with judges with criminal dockets, to all meet together outside of the courtroom,” Upson explained. “And I know from other aspects of my life how valuable that can be, and therefore how beneficial to everyone.” Collegiality between parties who normally assume an adversarial role can only ensure better outcomes for all involved, and that’s another vital function of the section. “It is a chance for us – judges, prosecutors, and defense attorneys, to come together, briefly, and focus on common ground for a change.”

Family Law Rana Holz and Jo Ellen Kane

The Family Law practice section offers brown bag luncheon seminars nine months of the year, typically held in Courtroom 5C on the third Thursday of the month. Last month’s topic, “It’s   February 2014 | RES GESTAE

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Just Temporary,” was presented by the Honorable R. Thomas Corbin, who provided legal insights and practical tips when litigating temporary issues in family law cases. The section also provides CLE credit for presentations on topical issues important to family law practitioners, which are currently offered at no charge. “We look forward to providing another year of great speakers on important issues,” said co-chair Jo Ellen Kane. “We are hopeful that practitioners feel comfortable contacting us about issues and topics they would like to see presented. The sessions are also a forum to gather with legal and court personnel.” Current issues practitioners should be aware of include form changes, especially related to E-filing and E-service. Additionally, the legislature is likely to consider an alimony bill again this session, with significant changes. These are the kinds of timely issues that round out this active section’s calendar of topics. “All of our speakers have been great, and really put a lot of time and effort into their presentations,” said Kane. “However, I remember learning a lot from our presenter on the topic of confidentiality, which in January of last year was very timely, and very helpful. Also, our holiday parties are a great opportunity to talk more in depth with others.” Co-chairs Kane and Rana Holz both get a lot of out of the section, personally. They enjoy working with practitioners, meeting new members and getting ideas on topics and issues, as well as benefitting from the presentations. They’d like to extend an invitation to those in other practice sections to attend the luncheons, suggest a topic or consider being a speaker. Finally, the co-chairs would like to offer their gratitude to their sponsors, who ensure every month’s presentation is accompanied by lunch and dessert. “Also, Judge Corbin has given us tremendous support, ideas and encouragement,” said Kane. “But most of all, our thanks to Nanci DuBois and the Lee County Bar Association staff, whose assistance is unsurpassed.”

The Land Use & Governmental Law section started in late 2005, and Russell Schropp has been the chairman since then. “It’s probably the only place I see lawyers in my practice area together at one time,” he said. Between the section’s membership and its regularly scheduled speakers, there’s always enough expertise in the room to keep everyone apprised of issues that are coming up. At the moment, according to Schropp, that includes: “Proposed changes to the Lee County Comprehensive Plan that will affect growth and development in Lee County.” Lunch meetings are held the last Thursday of every month. No dues are involved, and the only cost is for the catered meal, usually $10 to $15. Each meeting is focused on a specific topic, with a relevant speaker or program. Schropp is looking into getting more of the section’s programs certified for CLEs. “In the past, we have had county commissioners, state representatives, environmental consultants, other lawyers with expertise in related fields, and government staff address the section.” Perhaps you were able to attend the January 30 meeting with Commissioner Brian Hamman. Either way, make a note that Rep. Dane Eagle will be speaking at the meeting on February 27. As many of the other chairs indicated, Schropp said the issues they discuss often affect attorneys practicing in other areas. “Land use and governmental regulations are pervasive and affect many other practice areas – real estate, tax and business, even estate planning.”

Real Property, Probate & Trust Law ~ Kenneth Kemp

Land Use & Governmental Law Russell Schropp

The RPPTL Section holds its Judge Brown Bag event the second Friday of every month, except for May, when the judicial conference takes place. The lunch meeting is hosted in Judge Winesett’s courtroom. Mark your calendars for the next meeting. “There are ever changing issues with estate and gift 24

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tax law,” said Chairman Kenneth Kemp, “and a discussion on those issues will be covered at our February Brown Bag lunch. I encourage our members to attend for a discussion on the updates to those changes.” It’s easy to get involved with the section. Simply contact Kemp or the LCBA and ask to be added to the mailing list. He would like to see the section’s membership and attendance grow. “We have a nice turnout at the judge brown bag lunches, but I want the section turnout to be greater.” Additionally, he’d like to pull in other sections to bring a multi-disciplinary approach to the educational luncheons. The section has had success in doing so with the Alternate Dispute Resolution Section. “I think the greatest attribute that I get out of my involvement with the Section is the education/learning aspect. Our discussions at the Brown Bag lunch offer a wide range intellectual discussion of Wills, Trusts, estates, and Property law related issues. Our discussions offer thought provoking complex arguments to various issues.” Kemp invites all LCBA members to attend the section meetings, even if they are primarily entrenched in other areas of the law. Networking with your peers, within your own practice area and beyond, is a vital function of the practice sections, with RPPTL being no exception. The education is extremely valuable, and it only requires you bring your lunch and relax – but a thinking cap is required. “All of our discussion leaders are spectacular,” Kemp confirmed. “All discussion leaders have offered great information and engaged our members to think through issues. Our discussion leaders have all been fantastic and thought provoking. Our section is not thrilled in discussing average issues. We are looking for complex discussions with thought provoking input from our members. The more complex the better. “

Tort Litigation Preston John Scheiner

“The fastest way to improve your practice is to learn from the experiences of others – which is precisely what is shared at section meetings,” attested PJ Scheiner, chair of the Tort Litigation section. The best way to get involved, he continued, is to simply show up. “Section meetings are great opportunities to network, socialize, and learn something new about your specific area of practice.” As in the other sections, there’s always something new happening in tort litigation, and the meetings serve in part to take stock of recent developments and prospective changes to come. Scheiner noted, especially, “Practitioners of tort law should be aware of the evolving law pertaining to the enforceability of Proposals for Settlement as well as the changing landscape of retained-expert bias discovery.” Mark your calendar for the next meeting February 26 at Sasse’s in Fort Myers. The speakers will be Carlos Cavenago, Sharon Hanlon and Ken Oliver. Memorable speakers in the past have included John Romano, who shared insights on the art of persuasion gained over the course of a legendary career as a trial lawyer. Scheiner considers that talk the highlight of his term as chair of the Tort Litigation Section. He’s also excited for the future, which holds many more opportunities for members to learn from and network with their peers. He counts that access to fellow practitioners as the most significant benefit of being involved with the practice section. Scheiner reflected a common theme among practice section chairs: collaboration. His section is seeking opportunities to cooperate and share resources with all practitioners in Lee County. “Just as in the expression ‘a rising tide floats all boats,’ we all benefit by elevating the standards of practice in our community.” Scheiner’s enthusiasm for his section is infectious, and he said the most gratifying aspect is that the clients and community ultimately benefit. “The torts practice section offers an opportunity to learn and share insights, experiences and technical knowledge about the litigation of tort cases so that we can all be better, more effective, advocates for our clients.”

General Civil & Business Litigation ~ VACANT

This practice section is currently without a chairperson. If you’re interested in exploring this leadership opportunity, email info@leebar.org. *** In 2014, how are you working to build your practice? To find out more about being involved with the many, evolving practice sections available to you, contact the chairperson or email info@leebar.org. Make it your year! rg   February 2014 | RES GESTAE

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Banker Lopez Gassler, PA

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Lee County Legal Aid Society

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The Dish List

where to meet & eat

The Veranda (239) 332-2065 2122 Second Street, Fort Myers www.verandarestaurant.com The Veranda’s romantic setting in two turn-of-the-century homes, combined with our Southern Regional Cuisine, an extensive wine list, and first class service staff will provide you with the most unique dining experience in Southwest Florida.

Think Outside the Heart Shaped Box Reserve your space now for

THE DISH LIST! A new monthly feature showcasing where to meet and eat in Southwest Florida, running next to RG’s regular feature “The Dish”. To take advantage of this great opportunity to have your establishment featured in this special section in 2014, contact Linda Fiore: 239.690.9840 or resgestae@leebar.org

Take a break from the Ordinary

Try the Extraordinary 239-332-2065 Lunch Mon - Fri Dinner Mon - Sat Closed Sunday Valet Service at Dinner Reservations Recommended

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Hotel Indigo 239-337-3446 1520 Broadway Ave, Fort Myers www.hotelindigo.com The Hotel Indigo Fort Myers provides an escape from the ordinary, offering premium services, a casually-sophisticated ambiance. Breakfast, lunch and dinner served daily in the Broadway Bistro. Happy Hour Monday through Friday 2pm - 8pm.

Ford’s Garage 239-332-3673 2207 First Street, Fort Myers www.fordsgaragefl.com Ford’s Garage is your neighborhood burger and beer joint, where everyone is welcome. Located in Historic Downtown Fort Myers, Cape Coral & soon in Miromar Outlets. Drop in for an Ice Cold Craft Beer, Cocktail or Wine and enjoy a Prime Burger.

Morgan House Restaurant 239-945-0405 33 Patio De Leon, Fort Myers www.morganhouserestaurant.com Discover the natural flavors of Old Florida. Experience The Morgan House Restaurant, where everything “old is new again”, while The Morgan House’s catering and culinary professionals bring legendary hospitality to you. A perfect place for entertaining and socializing.   February 2014 | RES GESTAE

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The Dish

NICE GUYS S PINTS AND PIE

FRESH FOOD, CRAFT BEERS AND SINFUL DESSERTS by Sara Fitzpatrick Comito

It’s nice when things are clearly labeled. Nice Guys Pints and Pies is one refreshing example. Friendly service, fresh food and good beers are what you’ll find within this ostensibly cookie cutter Cape Coral Parkway storefront. And that makes it pretty punk. The golden age of the Sex Pistols, the Ramones and the Clash consisted of stripped-down garage rock and a brand of anti-establishmentarianism that was really quite wide-eyed even as it eschewed, well, everything. Appropriation of the

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sound in recent decades retained less CBGB, and much more Beverly Hills. What establishment is there to be anti-, when the establishment is you? The establishment to Nice Guys’ anti- would seem to be the master planned community that many young people of owner Greg Gebhard’s generation deridingly refer to as “Cape Coma” (it’s listed as the restaurant’s location on staff ’s T-shirts). Along with it: strip malls, chain restaurants, big box stores…in short, a perceived cultural pall for anyone outside a certain demographic. “If you can’t poke fun at something, it will never be a friendly enough place to hang out,” Gebhard explained. Admittedly Gebhard appears far too young to have personally ridden in on the first few waves of punk, but the impetus to shake things up seems to exist as a primary condition in all activities in his role as business owner, restaurateur and provocateur (which he smilingly takes on alongside partner Jovana Batkovic). The collage of nearly nude pin-up models that forms the surface of the bar and the framed rock and roll posters that adorn the walls certainly run counter to our notion of the checkerboard tablecloth pizzeria. But it’s all window dressing without the one thing that makes Nice Guys so punk: food made by people who love food, and who really want you to have a good time. Why else would anyone take the trouble to master a yeasty,


The Dish

stretchy pizza dough that makes one want to pull it apart piece by little piece just to admire the texture and savor it bite by little bite? American pizza these days seems like a contest to see how much stuff we can pile on a starchy disk that only begins to yield to the greasy burden after the 30 minutes it takes to get to your couch. The Nice Guys pie puts the crust front and center and adorns it with fresh, well considered toppings that honor the bread and the customer. Don’t miss out on the garlic knots – that same pull-apart texture paired with a generous helping of fresh garlic is a knockout. If you’re with a date, just make sure you both have some. Me, I wouldn’t date anyone who didn’t like garlic. So I married someone who loves it as much as I do. A full menu of pies, salads, hot and cold subs, and wings is all on offer at Nice Guys. We enjoyed the truffle shuffle, a white pizza with truffle oil, sage and mushrooms, along with a couple of craft brews (a Terrapin Tree Hugger altbier-style brew and a dark, smoky Brooklyn Lager). My son and his finicky friend really liked the cheese pizza. And we could have doubled up on the garlic knots.

Warning: there lives some kind of social deviant in the kitchen working the deep fryer. We’d had fried pickles before, but they weren’t crispy crunchy like at Nice Guys. The vinegar snap of the brine was encapsulated in a goldenbrown cornmeal crust and served with a creamy remoulade. It didn’t make our fingers oily either, or fill us with remorse later. There are fried shrooms, onion rings, sweet potato fries and cheese sticks. Truly shocking, however: deep fried oreos. Avert your eyes, sensitive viewers. Lunch specials are available, so you don’t have to wait until after work to rebel against the usual. Check out Nice Guys, and you’ll discover a local establishment – there, I said it – that delivers what it says without pretense, and without a corporate chain of command to shake a fist at. An antiestablishmentarian seeks to subvert from within, and with Nice Guys’ wide-eyed attitude and fresh take on just about everything, Cape Coral doesn’t quite yet know what’s hit it. RG

Sara Fitzpatrick Comito is the marketing writer and publications editor for CONRIC PR & Marketing | Publishing, and associate editor of Res Gestae magazine. For suggestions and comments on this regular feature, contact Sara at Sara@ConricHoldings.com.

  February 2014 | RES GESTAE

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Legal Lens 1

2

3

5

6

4

LCBA Meeting at the Sidney & Berne Davis Art Center

7

1  Denise Wheeler with Andrew Epstein 2  Dan Detrick, Vice President of CopyLady takes notes during the presentation 8

3  Scott Hertz and Alexis Sitka make lists during    Heather Christie’s presentation

9

4  Heather Christie of Action Coach speaks to LCBA    members 5  Marlene Suarez Guevara and Christina Harris-Schwinn 6  Scott Atwood smiles for the camera 7  Marshall Bower, the Executive Director of the    Foundation for Lee County Schools 8  Judge Hugh D. Hayes listens to the speakers 9  Michelle Hudson, Doug Molloy, and Judge Archie   Haywood

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10% Discount on Transcripts Ordered at Time of Deposition or Hearings / Trials

To receive our workplace wellness packet: FrankJeanLMT@gmail.com

Proud policyholder advocates in insurance recovery, risk transfer, additional insured coverage, coverage disputes and denials, claim representation, and bad faith litigation

Mark A. Boyle, Esq.

Geoffrey H. Gentile, Esq.

Michael W. Leonard, Esq. Debbie Sines Crockett, Esq.

• Two Convenient Locations In Ft. Myers • Standard Six-Day Transcript Delivery • Depositions, Hearings & Mediations • Courtsmart Transcription • Conference Rooms Available For Mediation • Realtime • Free Wireless Access • Videographers • Video Text Sync At No Charge • Interpreters Free ASCIIs, CDs, Keyword Indexes, and Condensed Transcripts

www.meritcourtreporting.net 239.481.1300 RaQwin Young, Esq.

Amanda K. Anderson, Esq.

Boyle, Gentile, Leonard & Crockett, P.A. also assists individuals and businesses in all types of real estate matters and disputes. 2050 McGregor Boulevard Fort Myers, FL 33901

Ph: 239-337-1303 | Fax: 239-337-7674

2202 N. West Shore Boulevard Suite 200, Tampa, FL 33607 Ph: 813-639-4220

www.boylegentilelaw.com

S. Fort Myers • 6213 Presidential Court Suite 100 • Fort Myers FL 33919 Downtown • 2022 Hendry Street Suite 104 • Fort Myers, FL 33901   February 2014 | RES GESTAE

31


On the Bench The Hon. John S. Steele “As a district judge you are isolated; it’s part of the nature of the job,” remarked Judge John S. Steele. Cloistered though he may be on the bench, he does get out and about. Attendees at the LCBA’s Membership Luncheon in September were treated to his talk on the state of the courts’ operations under the constraints of the sequester budget cuts. He likes to talk with other lawyers in a less formal setting than his courtroom, and enjoys giving back to the community The Mock Trial program is another beneficiary of Judge Steele’s time and efforts, though he might argue it is he who profits. “You will come away truly impressed,” he said. “Both the teachers and lawyers in the community put a lot into it.” He noted the students, with the skill, preparation and enthusiasm they demonstrate, are inspiring, and added, “As a judge, the people you see are not always in that category.” Judge Steele has been serving in the Fort Myers Division of the Middle District of Florida – a district he categorized as “geographically challenged” – since 2000. Before his appointment, he was a U.S. Magistrate Judge in the Jacksonville Division of the district starting in 1991. He claims he never thought he’d be a judge, but having been one for a long while now, he said there’s not much of a mystique to it. “You take what walks in the door,” he stated. “The mission is to arrive at the correct answer.” His office still faces funding issues, which have eased only marginally since his speech last fall. To wit: his office now has a budget. The primary challenge exists in the moment: “to understand the case you have, immerse yourself in the case and move on.” What happens after that is out of his hands. “If you dwell on every case you’ve ever decided, you’ll go nuts,” he explained. “The time to reminisce is not yet here.” When not on the bench, Judge Steele teaches a class on the federal courts at Ave Maria University School of Law, which he’s done for the last few years. He enjoys kayaking, and makes it a point to bicycle to work a few days a week. RG

4280 CLEVELAND AVENUE, FORT MYERS, FL 33901 | 2392770005 | www.GARVINLEGAL.com 32

RES GESTAE | February 2014


From the Bar Michael C. McQuagge, Esq. Have a conversation with Mike McQuagge about his work, and you’re bound to encounter some sports metaphors. In terms of ability to predict the outcome of a case, he compares The McQuagge Law Firm to the Miami heat. “When they go in, they are confident they can get a positive result.” He ascribes a similar kind of foresight to his legal team, and comes by such metaphors honestly. The former University of Florida and Florida Firecats quarterback has performed the enviable feat of integrating his life-long love of sports into his professional life as a Certified NFL Player Association Advisor. Most days, McQuagge enjoys the role of problem solver for everyday folks. Often, he’s working to fix things for doctors, who aren’t properly compensated by insurance companies for Personal Injury Protection claims. Or he’s helping injured parties seek recovery and compensation after an accident. “I enjoy the satisfaction of getting someone back on his or her feet again,” he attested. In whatever area of the law he’s practicing, McQuagge prides his firm on doing things a bit differently, especially in terms of communicating with clients, opposing counsel or all parties involved in mediation. “We are as hands-on a firm as you can find,” he said, explaining the firm has no secretaries, the attorneys do all the work on every case and he’s available to his clients by cell phone and text. He even calls clients to let them know when nothing’s going on with their case so they can relax for a bit. “At least they know we’re fighting for them,” he explained. He observed that most people don’t get to enjoy that kind of access to their attorneys. Born and raised in Fort Myers, McQuagge has no desire to go anywhere else, “We couldn’t have a better little slice of paradise,” he mused. He enjoys fishing, surfing and other watersports. Besides, his parents are here. When he’s not at work, he enjoys sharing his passion for sports with his two children Kate, a travel volleyball player, and Luke, a Little League baseball player. RG

  February 2014 | RES GESTAE

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Real Estate

where to buy, sell or lease

FOR LEASE > OFFICE SPACE

Reduced Price South Ft. Myers 6150 DIAMOND CENTRE CT. 800, FORT MYERS, FL 33912

Historic downtown location (Old Robb & Stucky Building)

Southwest Florida

◆ Adjacent to city parking garage ◆ Short walk to courthouses, governmental offices, and restaurants

South Fort Myers > Office Space > 1,600 square foot office condo > Ideally located for professional or medical user > Located just south of Gulf Coast Hospital > Zoned CPD- Commercial Planned Development > Built in 2004 > 5 offices, reception area, kitchenette and insuite restroom > Visibility from Metro Parkway (24,000 vehicles daily) > Facade signage, also visible from Metro Parkway

3 office suites ranging from 536 to 1,032 +/- sq ft currently undergoing complete renovation with wood floors and natural brick ◆ No CAM charges ~ Flexible lease terms and conditions

◆ Contact LeeAnn Harrington

Lease Rate: $9.00/SF NNN WILLIAM MANKIN Managing Director, Office Services Direct: +1 239 985 8082 william.mankin@colliers.com

COLLIERS INTERNATIONAL SOUTHWEST FLORIDA 13241 University Drive, Suite 101 Fort Myers, Florida 33907 www.colliers.com

239-334-2722

Premier Second Largest Affiliate in Sotheby’s International Realty

Specializing in: 1031-Tax Exchange Consultation Estate & Probate Planning for Real Estate Strong Alliances with Local Building Contractors, Home Inspectors, Interior Designers, Home Stagers, Title/Home Insurance Providers, Financial Institutions and Appraisers

Marlene Suarez, P.A.

Representing Buyers & Sellers in Lee and Collier Counties

239.290.0585

Se Habla Espanol

MarleneSellsNaples@gmail.com · MarleneSellsNaples.com 4300 Gulf Shore Blvd. North, Suite 100 · Naples, FL 34103 to advertise here-email resgestae@leebar.org

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RES GESTAE | February 2014


Real Estate

where to buy, sell or lease

OFFiCE Sharing OppOrtunity with Patterson, Eskin and Ball

Office Space for Rent

1420 SE 47th Street Cape SE Coral, FL 33904 1420 47th Street

prime Downtown Cape Coral Location Cape Coral, FL 33904

For More information please Contact

hal Eskin, Dixie Lee Ball or Janice Meredith at (239) 549-5551 or Email jsmere@comcast.net

HISTORIC EDISON THEATRE BUILDING 1533 HENDRY STREET ~ DOWNTOWN FORT MYERS

Available: 3rd Floor ~ 550 Sq. Ft.

Reserve your piece of prime “real estate” in Res Gestae’s REAL ESTATE SECTION, dedicated to showcasing your property or service. Contact Linda Fiore: 239.690.9840 or resgestae@leebar.org

Call for Rates

GREAT LOCATION! MUST SEE! For More Information Contact

Cindy Gibson McHale Properties Company 1601 Jackson Street, Suite 200, Fort Myers, FL 33901

239.337.4491

Congratulations to the Members of the Lee County Bar Association’s

Aloia Roland & Lubell, LLP

100 Club Goldberg, Racila, D’Alessandro & Noone, LLC

Prather and Swank, P.A.

Arend & Sisk, P.A.

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

Patrone & Kemp, PA

Bonita Springs City Attorney’s Office

Green, Schoenfeld & Kyle, LLP

Pavese Law Firm

Costello Royston & Wicker, P.A.

Grossman Law & Conflict Management

Rhodes Tucker

Boyle Gentile Leonard & Crockett P.A.

Hahn Loeser & Parks LLP

Bruno & Prado, PLLC

Rubinstein & Holz, P.A.

Henderson, Franklin, Starnes & Holt, P.A.

Burandt, Adamski & Feichthaler, P.L.

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

The Law Offices of Kevin F. Jursinski, P.A.

Calvo & Calvo

Spivey Law Firm, Personal Injury Attorneys PA

Knott Ebelini Hart

Coleman & Coleman

Steinberg & Linn, P.A.

Kuhn Law Firm, PA

Strayhorn and Persons, P.L.

Engvalson & Associates, P.A.

Kushner & Kushner

Fort Myers City Attorney’s Office

Lee County Legal Aid Society, Inc.

Fowler White Boggs, P.A.

McQuagge Law Firm

Freidin • Dobrinsky

North Law Firm, P.A.

Fried & Fried, P.A.

O’Halloran & O’Halloran, Attorneys at Law

Weldon & Rothman, P.L.

Garvin Law Firm

Osterhout & McKinney, P.A.

The Wilbur Smith Law Firm, PLLC

Geraghty, Dougherty, Edwards, P.A.

Parvey & Frankel

Yeslow & Koeppel, P.A.

Toll Law Viles & Beckman, LLC Webb & Scarmozzino, P.A.

Is your firm part of the 100 Club? Any firm with 2 or more attorneys and 100% membership in the LCBA qualifies. If you feel your firm is eligible fax a listing of your attorneys to (239) 334-0523 and we will let you know.

  February 2014 | RES GESTAE

35


Legal Briefs Employment law seminar slated for Feb. 19 Pavese Law Firm partner Christina Harris Schwinn and Leading Edge Benefit Advisors Managing Member Donald C. Raimey, Jr. will present on “Employment Law Potpourri - News You Can Use” during a complimentary Lunch & Learn session on Wednesday, Feb. 19 from 11:30 a.m. to 1:30 p.m. at Pavese Law Office, 1833 Hendry Street in Fort Myers. For more information call Sheila Rash at (239) 336-6248. The Lunch & Learn series is an educational seminar that allows local professionals to learn useful tips and strategies to help their businesses reach their full potential. Schwinn and Raimey will address what employers need to know about the National Labor Relations Board and the National Labor Relations Act; Form I-9 audits, compliance, and penalties; the Department of Labor’s misclassification initiative and its agreement with the IRS; the Working Families Flexibility Act of 2013; and Health Care Reform.

Giordano president of Coastal Conservation Association Florida Paul A. Giordano, a partner in the firm’s Fort Myers office, took over as president of the Coastal Conservation Association of Florida (CCA) on January 25, 2014. The CCA has as its objective the conservation, promotion and enhancement of both the present and future availability of Florida’s coastal resources for the benefit and enjoyment of the general public. Among other activities, the CCA is engaged in hundreds of local, state and national projects. It initiates scientific studies, funds marine-science scholarships, monitors the quality and quantity of freshwater inflows and supports local marine law enforcement. Through broad-based recreational angler support; a strong legal and legislative presence; decades of experience; and an unwavering vision for the future of U.S. and global marine resources, CCA battles for the sustainable health of our coastal fisheries and for recreational anglers’ interests.

Donna Tisch Mediations • Arbitrations

Attorneys Jess W. Levins, Esq. Scott A. Cummings, Esq.

PrActice AreAs Wills ∙ Trusts ∙ Probate Trust Administration ∙ Guardianship Foreclosures ∙ Social Security Benefits Corporations ∙ Real Estate ∙ Bankruptcy Asset Protection ∙ Pre and Postnuptial

P: (239) 437-1197 F: (239) 437-1196 www.LevinsLegal.com 6843 Porto Fino Circle Fort Myers, FL 33912

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RES GESTAE | February 2014

“We Take An Active Role... We Never Give Up!” Serving 20th and 12th Judicial Circuits plus DeSoto, Hardee and Highlands Counties without charges for travel

Full Time Certified • Circuit Civil Mediator • Qualified Arbitrator Board Certified Civil Trial Lawyer - AV Rated

Schedule Mediations and Arbitrations Online at www.donnatisch.com

239-826-3644 9291 Lennex Ln • Fort Myers, FL 33919


Legal Briefs Roos elected Workers’ Compensation Division chair David Roos has been elected chair of the Workers’ Compensation Division of Henderson, Franklin, Starnes & Holt, P.A. He takes the reigns from Cora Molloy, who served as chair for 10 years, from 2003 to 2013. Roos represents insurance carriers, third party administrators and employers in the defense of workers’ compensation claims. He has authored many articles and frequently speaks on workers’ compensation topics to clients, human resource professionals and business owners. He also serves on Henderson Franklin’s Executive Committee and is the associate attorney coordinator. Prior to joining Henderson Franklin in 2003, Roos practiced in Broward and Miami-Dade counties, representing insurance companies involving first-party homeowner property and casualty defense claims. Roos serves as Chairman of the Workers’ Compensation Section of the Florida Defense Lawyers Association (FDLA). He is a member of the Lee County Bar Association and The Florida Bar (Workers’ Compensation and Trial Law Sections).

Jursinski earns LL.M. degree Kara M. Jursinski, an associate at the Law Office of Kevin F. Jursinski & Associates, was recently awarded a Master of Laws degree (LL.M.) in Real Property Development from the University of Miami. She earned her LL.M. while working for the firm full-time. With this degree, Jursinski has an advanced level of education in the area of real estate over and above a Juris Doctorate. She handles legal matters pertaining to: commercial litigation, commercial leasing, construction litigation, foreclosure defense, short sale negotiations and loan modifications. She leads the firm’s Foreclosure Mitigation Department, is a member of Attorneys’ Title Fund Services, LLC, and has handled hundreds of real estate closings for the firm. Jursinski became a Florida Bar Member in 2010 following her graduation from Florida State University College of Law where she received cum laude honors.

Lile elected to fifth Board of Governors term Laird A. Lile has been elected without opposition to a fifth consecutive term on the Board of Governors for The Florida Bar. He is one of two governors elected by members to represent the 20th Judicial Circuit. The 52-member Board of Governors represents The Florida Bar’s 98,000 members and has exclusive authority to formulate and adopt matters of policy concerning the activities of The Florida Bar. Its membership includes the president and president-elect of both the bar and the Young Lawyers Division, elected members from Florida’s 20 judicial circuits, four out-of-state representatives and two public members appointed by the Florida Supreme Court. Lile’s two-year term concludes in June 2016. He is board liaison to the Florida Probate Rule Committee and a member of the Certification Plan Appeals and Communications committees. He is a board-certified wills, trusts and estates attorney in Naples at Laird A. Lile, P.A.

Is Your Firm Looking For... ✓ Payroll & Tax Services ✓ Human Resource Services ✓ Time & Attendance Tracking Services ✓ 401(K) & Retirement Administration Services ✓ Health Insurance Services

A SWFL native, Laura Hamel-Jones has provided the best in business solutions to the legal & business communities for over 15 years. 3860 Colonial Blvd., Suite 200 Fort Myers, FL 33966

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No Firm Too Small! lhameljones@paychex.com   February 2014 | RES GESTAE

37


Legal Briefs M. Travis Hayes named partner at Cummings & Lockwood M. Travis Hayes has been elected as a partner at the law firm of Cummings & Lockwood LLC. He focuses his practice on the fields of estate planning, estate and trust administration, and probate and trust litigation. Travis is a member of the Executive Council for the Real Property, Probate and Trust Law (RPPTL) Section of the Florida Bar Association, and is currently serving as the vice-chair of the RPPTL Probate Law and Procedure Committee, the vice-chair of the RPPTL Digital Assets and Information Study Committee, and as an appointed member of the Florida Bar Association’s Probate Rules Committee. He is a past chair of the Trusts and Estates Section of the Collier County Bar Association, and is currently serving on the Board of Directors of the Collier County Bar Association and the Board of Directors of the Collier County Bar Foundation.

Bunner named partner at Goede, Adamczyk & DeBoest Stanley A. Bunner, Jr. has joined Goede, Adamczyk & DeBoest, PLLC as civil litigation partner. He focuses his practice in the areas of business, construction, and probate litigation. Bunner graduated magna cum laude from Suffolk University Law School in Boston, where he was second in his class. He was admitted to the Florida Bar in September 2000. Prior to practicing law, Bunner worked for more than 13 years as a Human Intelligence Officer in various positions within the Department of the Army and the Defense Intelligence Agency. A Navy Reserve Intelligence Officer, he was recalled to active duty after September 11, 2001 and received two combat action ribbons, the Bronze Star and a number of lesser awards for actions in the invasions of Afghanistan and Iraq. Commander Bunner also completed a tour of duty in Afghanistan in 2013 in support of a special operations task force. He is proficient in the Russian language.

Supreme Court Certified, Circuit, Civil, Family, County and Dependency Mediator

• Personal Injury

Available to Mediate throughout the 20th Judicial Circuit

• Real Estate

Competitive in Rates No Charge for Travel

38

RES GESTAE | February 2014

Mediation in:

Florida Bar Member for 37 Years

• Family Law

• Probate • Foreclosure • Business and Contract Disputes


Friday, April 25, 2014 8:00 a.m. – 4:30 p.m. Ave Maria School of Law Campus in the Vineyards in Naples

SPEAKERS

Kevin Carmichael

Alan S. Gassman

Jonathan Gopman

Jerome M. Hesch

Gregory T. Holtz

Continuing Education Credits Pending Approval Al W. King III

Laird A. Lile

Barry A. Nelson

For additional information, contact Karen Grebing at: kgrebing@avemarialaw.edu or (239) 687-5404. 1025 Commons Circle, Naples, Florida avemarialaw.edu Licensed by the Florida Commission for Independent Education, license number 4007. Fully accredited by the American Bar Association.

William A. Snyder

Bruce Stone


PRSRT STD U.S. POSTAGE

PAID

FT. MYERS, FL PERMIT NO. 147

P.O. BOX 1387 | FORT MYERS, FL 33902-1387 (239) 334-0047 | FAX (239) 334-0523 WWW.LEEBAR.ORG

Here for you… yesterday, today and tomorrow Lending Team – From left bottom row: Pam Edwards, Vice President, Lending; Leah Kirby, Vice President, River District Office Manager; Robbie Roepstorff, President From left middle row: Willy Ocasio, Captiva Office Manager; Rob Lisenbee, Vice President, Sanibel Office Manager; Kim Nyberg, Vice President, Professional & Executive Banking; Liz Aurensan, Vice President, Lending From left back row: Geoff Roepstorff, CEO; John Ammons, Vice President, Cleveland Avenue Office Manager

Some things should never change, and the commitment and dedication of your bank is one of them. As the oldest locally-owned and operated bank in Lee County, we have been here for you for decades with quality service, personal care and local decision making. That is something you can always bank on. See us for a business loan or a fixed rate residential loan to purchase or refinance. Now is the time to invest in the future, with your local bank. Our customers enjoy the cost savings of Free Online Banking and Free Bill Pay, the convenience of an expanded ATM network and mobile banking.

We make banking about YOU! An Equal Housing Lender • Member FDIC Bank of the Islands is an office of Edison National Bank.

For our convenient locations and services provided, please visit www.edisonnationalbank.com


Res Gestae - February 2014