Res Gestae - March 2023

RES GESTAE

GRILLIN ' AND CHILLIN '

Annual Bench Bar-B-Q & Shrimp Boil

MEET LEE COUNTY’S LADIES IN LAW

Celebrating Women in the Legal Industry

MARCH 2023

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

PICTURED ON THE COVER State Attorney Amira Fox and Public Defender Kathleen Smith are just two of the inspiring women who serve in the 20th Judicial Circuit of Florida. It is the only circuit in the state of Florida with women currently elected to these roles.

GET READY for Baseball & Barbecue

March is one of my favorite times of year in Southwest Florida. Apart from all the traffic from the snowbirds, the weather tends to be mild and sunny and there is so much going on in our community at this time of year. Theater season is in high gear, the cooler weather is nice for outdoor activities and, of course, baseball season is back.

As a committed baseball nut, I love the opportunity to see big league teams getting ready for a new season. Many years I’ll even take a road trip to see my Red Sox in another town, though I miss the days when the Cincinnati Reds, my hometown team, played just up the road. For those of us that have been here since before Little Fenway Park (JetBlue), there was nothing like having a downtown ballpark. Or, if you could block a few hours off on your calendar, the ballpark was a short walk away from the office. But things change, and we have to roll with that. The population of Southwest Florida continues to grow – there’s now well over a million people in our circuit. I hope that Lee County and Fort Myers do not lose the small-town feel, which is one of the reasons I love living in this community.

In particular, the legal community is close-knit, small and very collegial. When I talk to attorneys that practice on the East Coast, I get a distinct feeling that the other bar associations do not have the familiarity that goes with a smaller legal community. They certainly do not have the friendliness or expectation of being cordial that we do in Lee County. I hope we can maintain that kind of attitude through our bar association. Your Lee County Bar Association will continue to try to connect people outside of the courtroom to help build those relationships.

To that extent, we have already started a busy social calendar this year, and have more things coming up! Later on March 25, for instance, is our extremely popular LCBA Bench Bar-B-Q & Shrimp Boil. If you haven't been, I urge you to make a point to come out and check it out this year.

This annual event provides lots of family-friendly activities, and hopefully, we will have Jerry Von Gruben and Judge Branning in charge of the pot. Plus, we will have some great barbecue for those who are not into seafood. The LCBA Bench Bar-B-Q & Shrimp Boil is a really great time, and one of LCBA’s most fun traditions. I hope to see you there, or maybe at the ballpark!

LEE COUNTY BAR ASSOCIATION

ADMINISTRATION

Executive Director

Lauren Baugh

EXECUTIVE COUNCIL

President

Spencer Cordell, Esq.

Vice President

Hon. Kathy Smith

YLD President

Casey Gartland, Esq.

BOARD MEMBERS

John Dommerich, Jr., Esq.

Diana “Dawn” Maselli, Esq.

John Miller, III, Esq.

Travis Russell, Esq.

Douglas Szabo, Esq.

COMMITTEE CHAIRS

Bench-Bar Gala

Diana “Dawn” Maselli, Esq.

Diversity and Inclusion

Ita Neymotin, Esq.

Health and Wellness

Hon. Kimberly Davis Bocelli

John Miller III, Esq.

History

Jenna Persons-Mulicka, Esq.

E. Bruce Strayhorn, Esq.

Law-Related Education

T. Terry Rankin, Esq.

Law Week

Hon. John Carlin

PRACTICE SECTION CHAIRS

Alternative Dispute Resolution

Anne Dalton, Esq.

Appellate Law

Alex Brockmeyer, Esq.

Corporate Law

TBA

Criminal Law

Kathleen Fitzgeorge, Esq.

Agnieszka Osowicka, Esq.

Elder Law

Blake Hampton, Esq.

Amy McGarry, Esq.

Family Law

Kayla Richmond Miller, Esq.

Danielle Seitz, Esq.

General Civil and Business Litigation

Carlos Kelly, Esq.

Administrative Assistant

Mairelis Tamayo

President Emeritus

Tiffany Pereira, Esq.

Secretary

Jerry Olivo, Esq.

Treasurer

Dawn Maselli, Esq.

JUDICIAL LIAISONS

Hon. Robert Branning

Hon. Devin George

LCBA Foundation Charity Golf Tournament

Kenneth Jones, Esq.

Shannon Puopolo, Esq.

Mock Trial

Eunice Gedeon, Esq.

Shaina Zuppke, Esq.

Paralegal

TBA

Pro Bono

Andrew Banyai, Esq.

Michelle Trunkett, Esq.

Immigration law

Indera DeMine, Esq.

Nirupa Netram, Esq.

Intellectual Property Law

Holly McFall, Esq.

Mark Nieds, Esq.

Land Use and Governmental Law

Sarah Spector, Esq.

Real Property, Probate and Trust Law

Kenneth Kemp, Esq.

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

Robin Merriman II, Esq.

Solo & Small Firm

Jarred Duke, Esq.

Robin Merriman II, Esq.

John Webb, Esq.

Tort Litigation

Diana Castrillon, Esq.

Diana “Dawn” Maselli, Esq.

A Flurry of March Events

March is meaningful to many, for many reasons.

For us here at LCBA headquarters, it is meaningful because of our beloved family friendly event, the LCBA Annual Bench Bar-B-Q and Shrimp Boil on March 25! This is the most fun event that we host, in my personal opinion. You’ll see kiddos running around with painted faces while everyone enjoys shrimp, crawdads and Mission BBQ – and let us not forget to mention the sweet treats!

It is an event you do not want to miss! Come out and enjoy what is slated to be a gorgeous day. As a reminder, this is Florida and it gets HOTTTTT, so bring a hat! For more details about the LCBA Bench Bar-B-Q and Shrimp Boil, check out the flyer in the magazine here on page 16. Or, visit our website at leebar.org, where you can buy your tickets or even get your name out there as a sponsor.

As we continue to plan the rest of the year, with events, CLEs and social events, the LCBA team wants your input! What do YOU, the member, want?!

While we are talking about opportunities to get your name or your firm’s name out there, you will notice that Elise Rose, our RG Sales Specialist, is sending out emails targeting specific content for Res Gestae magazine. We are trying to create niche advertising opportunities to better serve our members, advertisers, sponsors and the legal community at large. If you are interested, please reach out to me, and I will put you in touch with Elise.

If these last few months have skated by so quickly and you have forgotten to renew your membership, please let me know, and we can assist you with this! Or perhaps you and your colleagues did renew, but do not see your name on our 100 Club. Any firm with two or more attorneys, who are also LCBA members, are eligible to be named in the 100 Club. Do not miss out on this FREE opportunity to put your name or your firm’s name in front of our magazine audience!

Oh, and by the way…Happy St. Patrick’s Day! Please enjoy this picture with me and my leprechaun.

RES GESTAE

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

STAFF

Publisher

Teri Hansen, APR

Advertising Account Executive

Elise Rose

Editor

Sarah Nadal

Associate Editor

Kathy Becker

Creative/Art Director

Christi Finger

Graphic Designer

Lynsey Gill

Contributing Writers

Lauren Baugh

Spencer Cordell, Esq.

Henry Lee Paul, Esq.

Noelani Mathews

Contributing Photographers

Jim Jett Photography

Shane Antalick 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 rgeditorial@prioritymarketing.com. To advertise, contact Elise Rose at (239) 267-2638 or rgsales@prioritymarketing.com. For billing inquiries, call (239) 334-0047.

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

Copyright©2023 Lee County Bar Association, Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission from the Lee County Bar Association. To inquire about such permission, please contact Lee County Bar Association at info@leebar.org.

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SAVE THE DATE

LCBA'S 2023 EVENTS

To register and view the latest event updates, please visit LeeBar.org.

MARCH 2023

10 LCBA Baseball Spring Training Outing

Time: Game begins at 1 p.m.

Location: JetBlue Park At Fenway South

Cost: $50

10 LCBA RPPTL Section Virtual Brown Bag

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

Location: Microsoft Teams

Topic: Secure Act

Speaker: Al Stashis, Esq

25 LCBA Annual Bench Bar-B-Q & Shrimp Boil

Time: 12 p.m. to 3 p.m.

Location: Alliance for the Arts

Cost: Varies – See page 16 for full details!

APRIL 2023

7 Good Friday - LCBA and courts closed

21 Mentorship Luncheon

Featuring Florida Bar & President Gary Lesser

MAY 2023

JUNE 2023

16 LCBA Diversity Luncheon at Crowne Plaza

JULY 2023

4 Independence Day - LCBA and courts closed

12-15 Voluntary Bar Leaders Conference in Fort Lauderdale

21 LCBA Monthly Luncheon

AUGUST 2023

18 LCBA Monthly Luncheon

SEPTEMBER 2023

7 Labor Day - LCBA and courts closed

15 3rd Annual Downtown Dash

25 Yom Kippur - LCBA and courts closed

OCTOBER 2023

20

LCBA Monthly Luncheon

NOVEMBER 2023

Board Certified in Civil Trial Law by The Florida Bar

Represented Plaintiffs and Defendants

Former Plaintiff-side Personal Injury Attorney

Former Medical Malpractice Defense Attorney

Southwest Florida Resident Since 2005

Office in Collier County, Florida

Chad T. Brazzeal, Esquire Chad@BrazzealMediation com

Henry Lee Paul, Esq.

Florida Supreme Court Issues Landmark Opinion in

First Party Insurance Discipline Case

The Florida Supreme Court recently issued a consolidated opinion in the landmark case of The Florida Bar v. Strems, SC20-806 and SC20-842. The respondent was disbarred for conduct in relation to first party litigation claims against insurers involving storm caused property damage. There were also two additional related cases against Mr. Strems in which the Court affirmed a not guilty recommendation by the referee.

There were a multitude of issues addressed in the opinion and the two related cases. In this article, I will only address the issue of the contingent fee agreement at issue in SC20-842.

As noted in my article in June 2022, reporting on The Florida Bar v. Saldamando, SC20-844, the Court had left unresolved issues regarding contingent fee agreements involving first party insurance claims. The Bar took the position that the plaintiff’s lawyers had an inherent conflict in negotiating attorney’s fees in a “global settlement.” Such a settlement includes both damages to the client and statutory fees for the attorney.

The fee agreement in both Strems and Saldamando provided for a contingency or the negotiated fees with the insurance company, whichever was greater. The Bar contended that such an arrangement created an unwaiveable conflict because a lawyer has an incentive to negotiate against their client in order to increase their own payment of fees.

In Strems, the Court rejected the Bar’s request for an outright prohibition of the disputed fee agreement provisions. Instead, the Court stated it focused on

the application of the fee provisions. In finding a violation of Rule 4-1.5 (Fees and Costs) and Rule 4-1.7 (Conflict of Interest – Current Clients), the court observed that “Strems attempted to collect attorney’s fees exceeding an amount that is allowed under his contingency fee agreement. We therefore … find Strems guilty…”

The Court addressed the issue of whether the fee-shifting statute applied to negotiated “global settlements.” It pronounced that “we reject Strems’ argument that any amount supposedly negotiated with [the insurance company] is equivalent to courtordered attorney’s fees.” The Court stated that “there was a clear conflict of interest, with Strems unilaterally seeking to take a higher percentage of the global settlement, entirely at his client’s expense.”

It appears the Court has authorized a fee agreement to provide for a contingency on the total settlement recovery that combines damages to the client and fees for the attorney. Surprisingly, the issue of whether this constitutes impermissible fee sharing with a non-lawyer was not briefed, despite the fact that the Bar has previously taken the position this would be prohibited fee sharing with a non-lawyer. Although the opinion provides important guidance, it leaves unresolved many practical issues faced by the first party insurance practitioner. What is certain is that the opinion will dramatically impact the first party insurance practice and likely result in additional litigation to clarify the unresolved issues.

Practitioners should consider seeking further guidance on such issues from the Ethics Hotline.

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.

FAMILY DRAMA

Roetzel & Andress, LPA offers solutions for your most puzzling trust and estate matters. As a leading law firm located in Naples and Fort Myers, our attorneys regularly represent beneficiaries, fiduciaries and corporations in all aspects of estate and trust administrations. Then, if family drama ensues, Roetzel’s team of trust and estate litigators and appellate attorneys will be ready to protect your interests.

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2. City in Lee County

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FOCUS ON Family

On Jan. 19, LCBA members gathered at 10 Twenty Five in Downtown Fort Myers to enjoy the LCBA Family Law Bar and Bench Mix & Mingle sponsored by OurFamilyWizard®. Between drinks and light appetizers, the Family Law Bench and LCBA Family Law Section had the opportunity to make connections and strengthen friendships.

Thank

1. Danielle Seitz, Kayla Richmond Miller, Magistrate Christopher Whitney, Hon. Lee Schreiber, Hon. Elisabeth Adams, Hon. Gilberto Perez

2. Back Row: Rebecca Perra, Front Row: Shannon Holland, Iman Zekri, Anthony Melchiorre, Joeie Skelly

3. Alex Peterson, Vera Bergermann, Che Diaz, Denise Molina-Vel

4. Danielle Seitz, Kristiana Soto, Katherine Camadeco, Spencer Cordell

5. Magistrate Christopher Whitney, Hon. Elisabeth Adams, Hon. Lee Schreiber, Hon. Gilberto Perez

One of the things I was taught in law school is that I’d never be able to think the same again – that being a lawyer is something that’s part of who I am as an individual.

—Anita Hill

1.

2.

4.

3.

5.

WELCOME , NEW MEMBERS

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

BRENDA ALPIZAR Law Student

TYLER BOLLT, ESQ. Henderson, Franklin, Starnes & Holt, P.A.

SUZANNE EDERR, ESQ. Administrative Office of the Courts

ERIC FLUHARTY, ESQ. GrayRobinson, P.A.

AUSTIN KLEIN, ESQ. Roetzel & Andress

DEVIN MACE, ESQ. Sheppard Law Firm

DAVID ROOS, ESQ.

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

DAVID RUBEN, ESQ. Roetzel & Andress

MELANY HERNANDEZ, ESQ.

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

DAVID LAZARUS, ESQ. Verrill Dana LLP

COME FOR SUN AND FUN, STAY FOR SIZZLING SURF AND TURF!

GRILLIN ' AND CHILLIN ' WITH LBCA

EVENT DETAILS

Do you savor the smell of simmering shrimp, crawfish,corn and sausage? Love to go whole hog on mouthwatering barbecue? Mark your calendar for the ever-popular LCBA Annual Bench Bar-B-Q & Shrimp Boil on Saturday, March 25 from noon to 3 p.m.

Alliance for the Arts in Fort Myers provides the perfect setting for this picnic-style event. Bring your little ones to enjoy a variety of recreation at this community gathering place, from face painting and a bounce house to other fun children’s activities.

Start working up your appetite now for the main attraction! The Honorable Robert Branning will fire up the barbecue grill alongside Jerry VonGruben who will prepare a boatload of seafood for the spicy shrimp boil. Together, this dynamic duo will whip up an enticing feast to feed the bench and the bar.

After all, there’s nothing quite like standing around the grill, enjoying the camaraderie of friends and striking up conversations with new faces. The LCBA’s annual family friendly event provides the chance to brush shoulders and crack open a cold one with fellow attorneys and judges within our legal community. Make sure to save room for a cold sweet treat!

Attendees spotted at last year’s event – many with their families in tow – included members of the Florida Bar YLD Board of Governors, Mayor Kevin Anderson, the Hon. Gilberto Perez, the Hon. Robert Branning, the Hon. Nicholas Thompson, the Hon. Kyle Cohen, the Hon. Josephine Gagliardi, Magistrate Kimberly David Bocelli and many more!

Tickets are on sale now at leebar.org.

DON’T MISS THE

LCBA Annual Bench Bar-B-Q & Shrimp Boil

SATURDAY, MARCH 25 12 p.m. to 3 p.m.

10091 McGregor Blvd. Fort Myers, FL 33919

Tickets on Sale Now!

LCBA Members, Judges & Guests: $25

Non-Members: $50

Kids ages 7 to 17: ............ $15

Kids 6 and under eat ....... FREE

SPONSORSHIP OPPORTUNITIES STILL

AVAILABLE!

Would you like to position your business in front of the legal community in Lee County?

The 2023 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 one of the following sponsorship packages.

GOLD SPONSOR: $1,000

In addition to exposure for your business, you will receive six tickets and three beer bracelets. Your company logo will be included on event signage, and you are invited to bring a table and 10x10 backdrop to set up. Swag is always welcome!

SILVER SPONSOR: $500

In addition to exposure for your business, you will receive three tickets and one beer bracelet. Your company logo will be included on event signage, and you are invited to bring a table and 10x10 backdrop to set up. Swag is always welcome!

BRONZE SPONSOR: $250

In addition to exposure for your business, you will receive one ticket to attend the Annual Bench Bar-B-Q & Shrimp Boil. Your company logo will also be include on event signage.

DJ SPONSOR

DIAMOND SPONSORSOLD

THANK YOU TO OUR SPONSORS SOLD

BEER SPONSOR

SWEET TREATS SPONSOR SOLD

SOLD

FACE PAINTING & BOUNCE HOUSE SPONSOR

By Sarah Nadal

During March, the United States celebrates Women’s History Month to coincide with International Women’s Day on March 8. These two national observances provide the opportunity to acknowledge the often-overlooked contributions of many trailblazing women throughout history, society and culture.

Today, the National Women’s History Alliance (NWHA) designates a yearly theme to encourage the recognition of women – past and present – who are committed to serving others. For 2023, the theme for Women’s History Month is “Celebrating Women Who Tell Our Stories.” According to the NWHA, this timely theme honors women in every community who have devoted their lives and talents to pursuing truth and reflecting society, decade after decade.

Local Female Judiciary on the Women Who Inspired Them

In the spirit of recognizing those who pursue truth, the Lee County Bar Association recently surveyed the local female judiciary who serve on the 20th Judicial Circuit. Charged with serving their fellow citizens during their most vulnerable moments, these public servants are inspiring examples in their own right!

Several legal ladies revealed which women have made a lifelong impact in their own careers, while others shared why they chose to enter the field of law.

The Hon. Leigh Frizzell Hayes, who will retire next year after serving 27 years as a judge in Lee County, shared her reflections on her early days as a female judge. She first ran for office in 1996 at the encouragement of Barbara Wallace, who served on the school board during that time and had given an inspirational speech during a presentation to the Women’s Bar Association.

“Back then, Cindy Pivacek was a Collier County Judge and Sherra Winesett served as a Circuit Judge. While Judge Winesett started in Lee County, she had moved to Charlotte County by the time I started, so I was the only female judge in Lee County back then,” said Judge Hayes.

“It was a different world. Once while covering for Judge Sloan in Hendry County, an older man told me he ‘wasn’t going to let no lady tell him that he had to stay in jail.’ During civil phone hearings, an

East Coast lawyer told me he was ready – so I could call the judge to the phone,” she recalled. “I nicely told him I was the judge. There was silence for a bit, until he apologized.”

She recalled how the criminal attorneys in Lee County gave her a difficult time for about a year. “Then their tests were over, and we got along fine. Despite some resistance to me being a judge back then, I’ve had so much support and so many mentors through the years, including Vicki Sproat and Judge Keith Cary,” said Judge Hayes.

How the times have changed! When the Hon. Josephine Gagliardi started to practice law in Lee County, Fort Myers did not originally have a Federal Courthouse nor a sitting federal judge. “Back then, the Honorable United States District Judge Elizabeth A. Kovachevich (ret.) would come from Tampa to hear cases. I regularly appeared before her. She was a powerhouse,” she explained.

Judge Kovachevich made a lasting impact on the young lawyer after tasking her with changing the legal landscape for the Fort Myers community. “I was drafted to work on getting a judge and a courthouse for Fort Myers. I flew to Washington, D.C., and spoke to members of the House and Senate about the needs of our community. We eventually did get the courthouse – and it was all because of her. Talk about inspiring” said Judge Gagliardi.

Judge Gagliardi’s interest in the legal arena initially grew from deep family roots in the law. “I have always wanted to be a lawyer. I believe it began as I litigated everything with my old world Italian father as a youth,” she said.

She isn’t the only local judge who followed the footsteps of family into law. “My great-grandfather graduated law school in 1911,” explained the Hon. Devin George. “My dad, even though he was my mother’s grandfather, became a lawyer because of him. And I, because of my dad.”

Judge George has a profound respect for what women had to push through in the workplace. “I think Sandra Day O’Connor paved the way for woman to truly begin receiving respect and recognition for the legal community in a way we never had,” she said.

O’Connor was selected in 1979 to serve on the Arizona State Court of Appeals. A mere two years later, President Ronald Reagan nominated her to serve as associate justice of the United

JUDGE HAYES

JUDGE GAGLIARDI

JUDGE GEORGE

I’VE HAD SO MUCH SUPPORT AND SO MANY MENTORS THROUGH THE YEARS.

JUDGE HAYES

JUDGE HAYES

JUDGE GAGLIARDI

JUDGE GEORGE

LADIES IN LAW

States Supreme Court. After receiving unanimous approval from the U.S. Senate, she broke new ground for women when she was sworn in as the first female Associate Justice on the Supreme Court. During her 24 years on the bench, O’Connor developed a reputation for being firm, but just.

U.S. Supreme Court Justice Ruth Bader Ginsberg is another famous woman in history, who inspired many – the Hon. Lee Schreiber among them. “She was a trailblazer and role model for girls and women who aspired to be lawyers and judges. She was smart, witty and always well prepared in her work. She took her roles in the legal system, both as a litigator and later as a Justice, seriously, yet did not seek recognition or accolades for doing her job,” said Judge Schreiber.

The judge remembers her own interest in the legal field began as early as fifth grade civics class. “We learned about the meaning of birth certificates and death certificates. I thought, ‘If laws determine when you are born and when you die, there must be so many more laws that affect our lives in between.’ I wanted to learn more about those laws,” she remembered.

After a lifetime of legal study, Judge Schreiber had the honor of meeting and getting to know the Supreme Court Justice who had so greatly inspired her. “I personally met and dined with Ruth Bader Ginsberg at a 2010 Tau Epsilon Rho Law Society National Convention in Naples, Florida. It was one of the highlights of my legal career.” For the Hon. Elisabeth Adams, it was a deeply personal childhood experience with a local judge that shaped her lifetime dream to become a judge. “I was inspired to become a judge when I was 11 years old. My parents were getting divorced, and I had to talk to a judge in chambers. Talking with that judge had such a large impact on me that I knew then that I wanted to become a lawyer and eventually a judge,” she said.

“After graduating law school, I initially thought that I didn’t want to handle family law matters. But as it turned out, my first job was at Legal

Aid and that’s all we handled. After my first few cases, I realized I actually enjoyed Family Law,” said Judge Adams.

“Throughout my legal career I have explored other areas, but have always come back to Family Law. It is an area that I feel I can make a difference in other people’s lives, and I enjoy helping children,” she added.

The Hon. Carolyn Swift can relate to this desire to help others and make the world a better place. “I chose the law to make a difference,” said Judge Swift. Originally born in Staten Island, New York, she moved to Lee County in 1983. “I loved helping families as a family law practitioner. Serving on the Unified Family Court bench for four years has truly been an opportunity to help those most in need,” she reflected.

Similarly, the Magistrate Kimberly Bocelli has wanted to be a lawyer since she was in middle school. “I was drawn to the law because of my aptitude for arguing both sides of issues and having a strong sense of fairness. Just ask my parents about our debates when I was a teenager! I sought appointment as general magistrate in order to serve our legal community.”

As she pursued her career in law, Magistrate Bocelli looked to another famous figure for inspiration: Peggy Quince.

These are just a few examples of what Lee County’s own women in law have accomplished, along with the remarkable women in history who inspired them.

As the nation observes Women’s History Month in March, the Lee County Bar Association hopes you will join us in celebrating these and countless other women trailblazers who, through their courage and sacrifice, created new opportunities for millions of American women in the legal field and beyond.

JUDGE ADAMS

JUDGE SCHEIBER

JUDGE SWIFT

MAGISTRATE BOCELLI

“ FAMILY LAW IS AN AREA THAT I FEEL I CAN MAKE A DIFFERENCE IN OTHER PEOPLE'S LIVES.

JUDGE ADAMS

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!

INDERA DEMINE immigrated to the United States from Guyana in 2002. She completed her bachelor’s degree at Hunter College in New York City and earned her Juris Doctorate degree from Ave Maria School in 2012.

In 2016, Ms. DeMine opened, DeMine Immigration Law Firm- an immigration-only firm in downtown Fort Myers. As an immigrant herself and a naturalized citizen of the United States, Ms. DeMine is passionate about immigration law and has firsthand knowledge of the complexities of the immigration system. She understands the immigrant journey, can identify with her clients and offer solutions to their immigration case.

The Honorable KATHLEEN SMITH was elected as Public Defender for the 20th Judicial Circuit in 2008 and was recently re-elected without opposition. She specializes in representing clients living with mental illness and substance abuse issues and is a past recipient of Advocate of the Year award presented by Lee Mental Health Inc. Because of her passion, she was re-appointed to serve on Florida Supreme Court’s Problem Solving Courts Steering Committee.

The Honorable AMIRA FOX serves as State Attorney for the 20th Judicial Circuit of Florida, which serves Charlotte, Collier, Glades, Hendry and Lee Counties. She began her career as an Assistant State Attorney with the 20th Judicial Circuit in 1990. In November 2018, she was elected State Attorney, becoming the third State Attorney, and the first female State Attorney, in the history of the circuit. She was re-elected, unopposed, in 2022 for a term continuing through January 2027.

The Hon. Kathy Smith (left) And the Hon. Amira Fox (right)

the women of

Ever since its inception, over 56 years ago, Lee County Legal Aid Society, Inc. has been know for its good work in obtaining legal justice focused on the children of divorce. Now, change is in the air. Change that has grown the agency in brandnew directions that serve those in need of legal help, while continuing its timehonored traditions.

As Legal Director for Lee County Legal Aid Society, Blair DeMinico (left) wears many hats. Her week is filled with management duties as well as clients, and includes weekly Self Help Zoom clinics the office runs for the Lee Clerk of Court, which places attorneys donating pro bono legal advice before about 500 people every year, while law students observe and perform brief research.

Eunice Gedeon Linot (center) has transitioned her law practice from Family Law to Immigration Legal Services for the indigent, with a focus on special immigrant juvenile status for children aging out of foster care, creating a pathway to permanent residence status. “I have always been passionate about immigration since I am an immigrant myself who immigrated from Haiti at the age of 5. I am passionate about providing competent legal representation to immigrants who could not otherwise afford an attorney.”

With quiet efficiency, Ashley Faraone gives her clients confidence that the best legal representation is on their side and free of charge. She is always looking out for what is best for the children involved and enjoys committing her time to those who need help most in our community.

We are proud to promote our “Ladies in Law” who give so much of themselves every day, for others.

Family

Lee Clerk of Court Self Help Center Zoom

Barritt Real Estate

Dorio Wills & Trusts

Ross Tort & Insurance

O’Brien Divorce, Marital & Family Law Colby Keefe Real Estate

Houck-Toll Health & Tax Law

Goetz Divorce, Marital & Family Law

Puopolo Business Litigation

Richmond Divorce, Marital & Family Law

Vogelsang Divorce, Marital & Family Law

Iman Zekri Divorce, Marital & Family Law

Zuccaro Real Estate

Spencer Shaw Workers’ Compensation

Kaylee Tuck Real Estate

Madison Tanner Tort & Insurance Monica Schmucker Tort & Insurance

Kohn Divorce, Marital & Family Law

Melany Hernandez Business Litigation

By Lauren Baugh

SAVORING THE FRESH FLAVORS OF

If you are searching for a truly shucking amazing experience, I have found it! In my never-ending search for new restaurants in Lee County, I came across Blue Pointe Oyster Bar & Seafood Grill.

I am a huge fan of oysters, particularly of the raw variety. While you can get them at many seafood establishments, most are your run-of-the-mill Florida oysters, which are not bad. But those are not the flavor-filled oysters I seek! What caught my eye about Blue Pointe was the fact that they are known for having multiple varieties of raw oysters to try, and try them, I did!

I will say, before I continue on, that you are going to pay for these oysters. They cost more than you are used to at your average seafood spot, but, oh are they worth it!

On the night when I went to go to this fine establishment, they offered three varieties of oysters. Obviously I had to try all three –you know, for the greater good! They had Chebooktoosk oysters, Katama Bay oysters, Stonington oysters.

While some will say each oyster will taste the same, that is simply just not true! Some oysters are super salty or briny, and some are super sweet and nutty. I like the hybrid of those two flavor profiles, but honestly all three were super flavorful.

The one that I favored the most was the Chebooktoosk oysters. First, it is fun to say aloud. More importantly, the buttery flavor alongside the cracker, hot sauce and extra horseradish-filled cocktail sauce was truly phenomenal – even when eaten plain on a fork! The others were also delicious as well. I would recommend trying them all!

What are those other items, you ask? Blue Pointe Oyster Bar & Seafood Grill also has a large variety

of shareables. We went with a few of those, which in and of itself, could have been a meal! Our chosen shareables were the blackened grouper bites and the Chesapeake Bay crab cake. Each of those came with a variety of fun sides! The bites featured a fresh bed of salad beneath the grouper, which included soy beans to add texture, along with avocado cream sauce that I could not get enough of. And, are you a fan of huge lump crab meat? This crab cake offered the most amazing balance of sweetness and savory. It is served with strawberry slices and mustard sauce on a bed of greens. Both of these options were worthy of the hefty price tag on them. 10/10 would recommend!

I should also note that Blue Pointe serves homemade multigrain bread with butter. The bread is beyond fresh and served right out of

their oven! It is noteworthy for sure.

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

THE MAIN COURSE

After trying all of these delectable teasers, we decided to dive in to the entrée selection. Blue Pointe offers a large variety of choices that all truly sounded worthy. After 15 minutes of consideration, we opted for two. The first was the filet mignon, served with a cabernet demiglace accompanied by onion rings and garlic mashed potatoes. Rather than asparagus that traditionally comes with the dish, I opted for the Caesar salad.

Now you can get a filet at most any restaurant, but this one was like “buttah!” It was cooked to perfection, a mid-rare. With the cabernet demiglace, it was out of this world! Each bite from the plate seemed so perfectly paired.

Our second entrée was the miso-glazed Chilean seabass with spinach and garlic mashed potatoes. The fish was served with a ginger-soy glaze and wasabi sauce. Full of buttery flavor, the seabass came accompanied by the most amazing and mildly spicy wasabi sauce, which was something I wanted to bottle up and take home! It would go well on anything!

DRINKS & DESSERT

Did I mention the wine selection yet? Well, they have a huge wine selection and offer pairings with each shareable and entrée. I opted to go

with a Pinot Noir, the Rodney Strong, Russian River, and I did not disappoint myself with that pairing. The wine went fabulously with the oysters and other items I ordered!

Blue Pointe offers a cocktail menu featuring some specialty cocktails. When I dine out, I love to order and compare a restaurant’s oldfashioned. While they taste similar at different dining venues, I have noticed that each place seems to take their own liberties with the drink recipe. So, I gave the Blue Pointe “Olde Fashioned” a taste as well. It was quite refreshing and paired well with the seafood shareables.

Now, one cannot simply try a restaurant and not taste their dessert. Or rather you could, I suppose… But when I saw that the menu highlighted a French toast bread pudding with candied pecans, dried cherries and maple syrup drizzle, served with vanilla ice cream, I had no choice but to order it. With the maple flavor and dried cherries, all of it collectively was truly a treat!

Blue Pointe Oyster Bar & Seafood Grill can be found in Bell Tower. Reservations are highly recommended. Between the convenient location, the wide variety of both drink and food options, and our server, who introduced himself as “Justin Credible,” this place is one to visit!

By Noelani Mathews

MONTHBelieving in Girls CELEBRATING

Each year, Florida Gov. Ron DeSantis declares March as Believing in Girls Month – a time to recognize the importance of young women as they become the female leaders of tomorrow.

For more than 15 years, Pace Center for Girls in Fort Myers has created a safe space for girls who have faced tremendous obstacles so they can feel empowered to transform their lives for the better. “Pace taught me that if I believe in myself, anything is possible,” says Destiny, a 2022 graduate of Pace Lee.

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

“I learned that it’s okay to cry and talk about your feelings –

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

Bringing mentorship, guidance and hope, the program has since achieved remarkable results with more than 1,000 at-promise young women finding their path to success. Aligning with the public school district, the center’s curriculum includes education, counseling, relationship building and career planning to help students thrive.

This year, Pace Lee is expanding its Reach Therapy Program services, providing social, emotional and mental health counseling for girls and their families outside the center. With the community’s support, Pace Lee will be a beacon of hope for more girls in Southwest Florida.

Below: Since opening in 2007, Pace Lee has served more than 1,000 girls throughout Lee County through its academic Day Program and Pace Reach Programs.

Left: Pace Lee’s graduation ceremony is a huge milestone achievement for Pace girls, who have defied the odds to overcome various personal and academic trials in order to complete high school.

Left: Taking place on April 4 at Broadway Palm Dinner Theatre, Pace’s annual Grande Dames Tea is an opportunity to embrace the powerful female spirit and provide Pace girls a chance to learn from Southwest Florida’s most revered women.

OFFICIAL MAKING IT

The LCBA recently held its Annual Swearing-In Luncheon on Friday, Jan. 20 at the Sidney & Berne Davis Art Center in Downtown Fort Myers. During the program, members witnessed Spencer Cordell, Esq. assume the role of president on behalf of the LCBA for 2023, followed by a complimentary reception at The Lucky Screw.

1. Tiffany Pereira and Spencer Cordell

2. Back Row: Hon. Erik Leontiev, Hon. John McGowan and Hon. J. Frank Porter Front Row: Lauren Baugh, Hon. Andrew Swett, Hon. Nicole Mirra and Spencer Cordell

3. Travis Russell, Tiffany Pereira, Lauren Baugh, Ita Neymotin, Blake Hampton

4. Front to Back (left side): Casey Gartland, John Miller III, Dawn Maselli, Jerry Olivo, Front to Back (right side): Spencer Cordell, Hon. Kathy Smith, Doug Szabo, Tiffany Pereira

5. Hon. Christopher Brown and Spencer Cordell

6. Casey Gartland, Kati Cook, Dawn Maselli, Joseph Coleman

7. Hon. Andrew Swett, Hon. Carolyn Swift and Hon. Erick Leontiev

8. Tiffany Pereira

9. Casey Gartland and Katherine Camadeco

10. Spencer Cordell, and family

11. John Webb, David Seitz, Shannon Puopolo, Ryan Downey

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IN-KIND

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IS YOUR FIRM PART OF THE 100 CLUB?

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

Absolute Law, P.A.

All Injuries Law

Aloia, Roland, Lubell & Morgan, PLLC.

Arend & Sisk, P.A.

Associates & Bruce L. Scheiner, P.A.

Banker, Lopez & Gassler

Boy Agnew Potanovic Miller, PLLC.

Boyle & Leonard & Anderson, P.A.

Burandt, Adamski, Feichthaler & Sanchez, PLLC.

Calvo & Calvo, Attorneys at Law

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

Dal Lago Law

Freidin & Inglis, P.A.

Garvin Law Firm

Goldberg│Noone│Abraham

Personal Injury Attorneys

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

GrayRobinson, P.A.

Green, Schoenfeld & Kyle, LLP

Hahn, Loeser & Parks, LLP

John Webb Legal Group, P.L.

Kagan Law Firm

Kelleher Law

Knott Ebelini Hart

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

Law Offices of Michael M. Raheb, Criminal Lawyer

Law Offices of Scott T. Moorey

Lee County Legal Aid Society, Inc.

Men’s Rights Law Firm

Osterhout & McKinney, P.A.

Patrone, Kemp & Bentley, P.A.

Pavese Law Firm

Roetzel & Andress, L.P.A.

Rubinstein & Holz

Scarmozzino / King Trial Lawyers

Sheldon E. Finman, P.A.

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

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

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

Wilbur Smith, LLC

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5 THINGS

YOU DON'T KNOW ABOUT ME h Marc Krispinsky, Esq.

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scott@GoodPeopleDoGetArrested.com

My family is from Ohio, so I root for the Cleveland Browns. When I was a kid, I rooted for the Oregon Ducks because I liked their yellow highlighter-colored jerseys..

I collect rare and vintage football cards. I started a few years ago and enjoy collecting rare and vintage cards because it feels like owning a piece of history.

Born and raised in Fort Myers, I attended Bishop Verot High School. I moved back to Fort Myers after Hurricane Ian to represent homeowners in my community with disputes against their insurance companies.

My favorite family tradition is spending every Fourth of July in Ashtabula, Ohio, at a family cottage on Lake Erie. The cottage has always been the most relaxing place for me.

I once met Bob Stoops and Bo Pelini, the head coaches of Oklahoma and Nebraska football, respectively. My dad grew up with the Stoops and Pelini families, so I went to many games with sideline passes as a kid and met many players that went to the NFL.

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

T. MOOREY

IN THE NEWS

HEAR YE, HEAR YE

Headed to the courthouse or planning to schedule a CLE in the Lee County Justice Center? The 20th Judicial Circuit of Florida has updated their process and now requires a new form for anyone who needs to request audio-visual support. Visit https://www.ca.cjis20.org/ Forms/avrequest.aspx to use the new online request form.

ANSWERING THE CALL

Laird A. Lile, a board-certified wills, trusts and estates attorney in Naples, has been appointed to two committees of the American College of Trust and Estate Counsel by the national organization’s president-elect. Lile will serve on the Charitable Planning and Exempt Organizations Committee, as well as the Practice Committee, beginning in March 2023.

CHILI COOKOFF BRINGS

THE

HEAT

Goldstein, Buckley, Cechman, Rice & Purtz and Stu’s Motorcycles recently presented the 4th Annual Lee County Chili Challenge on Jan. 28 to raise money and awareness for first responder and veterans’ organizations. The event brought together fire, EMS, police and military chefs and raised more than $12,519. Lee County Public Safety EMS took home the Judge’s Champions award, along with the People’s Choice winners, Sanibel Fire Rescue District.

SET FOR SUCCESS

The Lee County Bar Association’s Young Lawyers Division (YLD) Board met on Jan. 13 to set some fun in motion for the 2023 calendar year. Goals include providing members with vital resources to help members grow both personally and professionally. This includes the tools to navigate the early years of their career, as well as multiple networking opportunities with peers and mentors.

YOUR INPUT IS DESIRED

Governor Ron DeSantis recently ordered the 20th Judicial Circuit Judicial Nominating Commission to nominate highly qualified candidates to replace retired Circuit Court Judge Hugh Hayes and retiring Circuit Court Judge Scott Cupp.

The following candidates have applied:

Pamela Barger

Kimberly Bocelli

Karla Campos-Andersen

James Chandler

Michael Colombo

Deborah Cunningham

Maria Dente

Kimberly Erwin

Russel Kirshy

Ryan Kuhl

Erik Leontieve

Steven Leskovich

James Miller

Geraldo Olivo

Robert Ostrov

Michael Powell

Trenton Reichling

Leah Meshelle Snyder

Dennis Wallace

Christopher Whitney

Interviews were held by the Commission in February 2023. The list of candidates who will be interviews, the schedule of interviews and location were announced at that time.

Members of the judiciary, bar and the public are encouraged to contact members of the Commission concerning applicants for judicial positions.

Any person who wishes to submit a letter regarding any applicant must submit that letter in PDF format by email to the chair at rmontecalvo@sao20.org. The chair will disseminate all letters to members of the Commission. All correspondence constitutes a public record pursuant to Chapter 119, Florida Statutes.

A complete listing for each member of the Commission is available from The Florida Bar’s website or from the Chair.

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

Founded in 1997, Edison National Bank, and its Bank of the Islands offices, is the oldest locally owned and operated community bank in Lee County. Dedicated to providing genuine personal services and on-site decision making, the company has an undeniable interest in the future growth and well-being of the community it serves.

Like Thomas Edison, the team at Edison National Bank/ Bank of the Islands believes there is always a better way. The banking team models this approach by creating an extraordinary experience of meeting customer needs and exceeding expectations at every encounter. Banking isn’t just about numbers. It’s about people.

This is why Edison National Bank takes the foundations of good banking – personalized services, meaningful relationships, and a smile with each handshake – and builds upon them to create innovative banking solutions for modern users. Customers can bank anytime, anywhere via the Edison National Bank OnLine AnyTime mobile banking app after enrolling at one of the bank’s conveniently located offices.

With more than 25 years in business, Edison National Bank’s professional banking team also proudly provides the community with the additional stability and resources of an FDIC-insured, nationally chartered bank. The bank continues to earn the highest “5-Star Superior” rating by BauerFinancial.

Edison National Bank/Bank of the Islands offices are conveniently located in Fort Myers, Sanibel Island and Captiva Island.

Learn more at EdisonNationalBank.com.

Equal Housing Lender | Member FDIC Bank of the Islands is an office of Edison National Bank.

Our Dedicated Service to Southwest Florida Defines Us.

Our personal injury team is local and has deep roots in Southwest Florida. You can trust that we will relentlessly represent your friends, family, and clients for injury claims.

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Senior Partner Personal Injury & Wrongful Death

Relentless / re-lent-less / adjective

1. fighting to get our clients what they deserve; persistent; intensity; strength. Synonyms: dogged, unflinching, determined, rigorous, tenacious, immovable.

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“We Make It Our Business to Keep Banking Personal.”

Like Thomas Edison, we believe there is always “a better way.” That’s why, like all of our customers, our professional and executive banking clients receive the focused attention of Kim Nyberg. With more than 25 years of lending experience right here in the Southwest Florida area, Kim is known for her highly personal, thoughtful approach to providing sound financial strategies and solutions. Experience the benefits of joining Edison National Bank/ Bank of the Islands.

Edison National Bank/Bank of the Islands customers enjoy:

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