THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION
HONORING OUR VETERANS
Reflections on Time in Service UNITED WE STAND The 2-1-1 on Mission United ALSO INSIDE: Veterans Core Program Constitution Day Photos Pro Bono Award Winners
NOVEMBER 2023
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NOVEMBER 2023
GUEST COLUMN
No Veteran Left Behind
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LETTER FROM PRESIDENT
SPECIAL EVENTS RECAP
The Merits of Hard Work Spencer Cordell, Esq.
Celebrating Our Pro Bono Stars
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LETTER FROM EXECUTIVE DIRECTOR
LEGAL LENS
We the People
An Attitude of Grattitude Lauren Baugh
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COMMUNITY CONNECTION
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Mission United Holly Boldrin, APR, CPRC
SPECIAL EVENTS CALENDAR
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THE DISH
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Serving Our Community Lauren Baugh
ETHICALLY SPEAKING
ABA Clarifies Office Sharing Arrangements with Other Lawyers Henry Lee Paul, Esq.
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THANK YOU, SPONSORS
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TERRY’S TAKE ON THINGS
Mediation & Arbitration Issues are rising T. Rankin Terry, Jr., JD, LLM
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PRACTICE SECTION
Special vs. Supplemental Needs Trusts Blake Hampton, Esq.
MEMBER SPOTLIGHT
5 Things You Don't Know About Me Alex Menendez
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IN THE NEWS
ON THE COVER
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SPONSOR SPOTLIGHT
Let Freedom Ring
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Sanibel Captiva Community Bank
Mike Corso
WELCOME NEW MEMBERS
AD DIRECTORY Aloia, Roland, Lubell & Morgan, PLLC Barbara M. Pizzolato Boy, Agnew, Potanovic, Miller Brazzeal Mediation Business Observer Calvo & Calvo Attorneys at Law Christina Mehta, LLC Realtor Dal Lago Law DeMine Immigration Law Firm Donna (Tisch) Lugar 4 LEEBAR.ORG
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PRESIDENT'S LETTER
The Merits of Hard Work “The first thing we do is, let’s kill all the lawyers.” This famous quip from Shakespeare’s Henry IV, Part II is often used as a punchline or an anti-lawyer joke. However, Shakespeare was not trying to say that lawyers were bad, except in the context of his character “Jack the Butcher,” who stated this line in furtherance of his friend’s conspiracy for a coup. It’s actually ironic to use that line to attack lawyers. One of the readings of that sentiment would have Jack attacking lawyers as the defenders of a just society. In fact, Supreme Court Justice John Paul Stevens wrote in an 1985 opinion, “As a careful reading of that text will reveal, Shakespeare insightfully realized that disposing of lawyers is a step in the direction of a totalitarian form of government.” Those in the legal profession should be proud of the work we do. Most lawyers spend about four years in undergraduate, another three in law school, and then have to pass a bar exam, which often tests on subjects not covered in school. Everybody who works in law has made it a long way to get here. That’s an accomplishment that should be recognized. The work that attorneys do every day should also be celebrated. There are many work and practice areas that are not appreciated by non-lawyers. All attorneys, merely by the fact of working within our system of rules and laws, help to uphold society and make the world a better place. Even those attorneys, whose practice areas bear the brunt of the jokes, do very important work by protecting people’s rights. Public defenders and other advocates for justice are fighting everyday to make the world a better place and are often not well compensated for it. They’re making a sacrifice to improve our lives and our country. So I’m writing to thank you, attorneys. We may not get the appreciation or praise that our profession deserves on an everyday basis. The practice of law can be stressful and challenging, and the “thank you” often comes few and far between. But you should be proud of the work you do. You should be proud to practice law, and of the accomplishment it took to get you where you are. “The first thing we do is, let’s celebrate all the lawyers.”
Spencer Cordell, Esq. spencercordell@hotmail.com 239.333.4686 6 LEEBAR.ORG
LEE COUNTY BAR ASSOCIATION ADMINISTRATION Executive Director Lauren Baugh
Administrative Assistant Mairelis Tamayo
EXECUTIVE COUNCIL President Spencer Cordell, Esq.
President Emeritus Tiffany Pereira, Esq.
Vice President Hon. Kathy Smith
Secretary Jerry Olivo, Esq.
YLD President Casey Gartland, Esq.
Treasurer John Miller, III, Esq.
BOARD MEMBERS
JUDICIAL LIAISONS
John Dommerich, Jr., Esq. Diana “Dawn” Maselli, Esq. Travis Russell, Esq. Douglas Szabo, Esq.
Hon. Robert Branning Hon. Devin George
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.
LCBA Foundation Charity Golf Tournament Kenneth Jones, Esq. Shannon Puopolo, Esq. Mock Trial Maria Alaimo, Esq. Paralegal TBA Pro Bono Andrew Banyai, Esq. Peter Dennis, Esq.
Law Week Hon. John Carlin
PRACTICE SECTION CHAIRS Alternative Dispute Resolution Anne Dalton, Esq. Alexandra Kleinfeldt, Esq. Appellate Law TBA Corporate Law TBA Criminal Law Asma Anwar, Esq. Agnieszka Osowicka, Esq. Elder Law Blake Hampton, Esq. Family Law Kayla Richmond Miller, Esq. Danielle Seitz, Esq. General Civil and Business Litigation Joel Hyatt, Esq. Kara Jursinski Murphy, Esq.
Immigration law Pablo Hurtado Nirupa Netram, Esq. Intellectual Property Law Mark Nieds, Esq. Land Use and Governmental Law Zachary Liebetreu, Esq. Sarah Spector, Esq. Real Property, Probate and Trust Law Kenneth Kemp, Esq. Peter Knize, J.D., L.L.M. Robin Merriman II, Esq. Solo & Small Firm Conor Foley, Esq. Tort Litigation Diana Castrillon, Esq. Diana “Dawn” Maselli, Esq.
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EXECUTIVE DIRECTOR'S LETTER
An Attitude of Gratitude This month, we celebrate a few things. One of those is Thanksgiving! I am most thankful for my family, blood and not. I have a quaint and very unique group of friends I call family. Along with my blood family, they are who keep me sane (mostly) and on track! Each year, I am beyond excited to celebrate Thanksgiving to recognize what I am thankful for, but also the food. If you are into food, this is one of your favorite holidays for sure! Another thing I am thankful for is our veterans, without whom we would not have our freedom. If you have a veteran in your circle, thank them! If you do not, and you see someone that you know is a veteran, thank them! To all the veterans in the LCBA, thank you! While being thankful, I cannot forget to thank YOU: the sponsors, members, Board and Res Gestae readers. Thank you all for your continued support of the LCBA, and of me. It does not go unappreciated or unnoticed. Speaking of sponsorship, did you know that you, too, can become a sponsor of this great organization? Find out how by getting in touch with me, let me help you! A lot is going on this month, so make sure you are paying attention to our calendar on the LeeBar.org website and Facebook. The annual Bench Bar Gala is November 11, and what a great opportunity to celebrate Veterans Day! If you have not already, get your tickets now! We have a GREAT party planned for you; I hope to see you there! For more information, check out page 24. In case you missed it, I turned 40 this year! For my birthday, my boyfriend bought tickets to go on my first very cruise, so I will be out of the country at the end of the month. I cannot wait! If you have any tips, tricks or must-dos for this cruise to Mexico, let me know. As we get closer to the end of the year, please remember that LCBA runs on a calendar year. That means your annual LCBA dues are due in January. Want to pay early? Not a problem. Reach out to me and I will get you all set up. As always, if you have an idea for a CLE topic or a speaker that we simply must book, please let me know! Lastly, do not miss our LCBA YLD Holiday Fiesta (see page 24). For an always-amazing time, attend our Holiday Party (see page 25). You do not want to miss either of these great events!
Lauren Baugh, Executive Director LBaugh@LeeBar.org | 239.334.0047 Ext. 102 8 LEEBAR.ORG
The official award-winning publication of the Lee County Bar Association, which serves citizens and the legal community since 1949.
STAFF Publisher Teri Hansen, APR Advertising Account Executive Elise Rose Editor Sarah Nadal Associate Editor Kathy Becker Alan Zagier Editors In Law Hon. Kathleen Smith Tiffany Pereira Lauren Baugh Creative/Art Director Christi Finger Graphic Designer Lynsey Gill Contributing Writers Holly Boldrin, APR, CPRC Spencer Cordell, Esq. Michael Corso, Esq. Judge Josephine Gagliardi Blake Hampton, Esq. Henry Lee Paul, Esq. J. Terry Rankin, Esq. Bridget Washburn Contributing Photographer Jim Jett Photography
Res Gestae is an award-winning magazine published monthly by Priority Marketing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to 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 SPECIAL EVENTS CALENDAR As you plan ahead for 2023, here is a brief list of special LCBA events to note for your calendar. All dates are subject to change and any updates will be posted on LeeBar.org.
NOVEMBER 2023 10 Veterans Day - Observed LCBA and courts closed
11 Annual Bench Bar “Golden” Gala Time: 6 p.m. to 10 p.m. Location: The Westin, Cape Coral Cost: $115 Judiciary Guests/Government $145 LCBA Members and Non-Members Thank you to all of our sponsors!
12 LCBA ADR Virtual CLE
23-24 LCBA and courts closed
Time: 12 p.m. to 1 p.m. Location: Zoom Speaker: Henry Lee Paul, Esq. Topic: Ethics in Mediation and Breach of Mediation Privilege, 2023 Updates Cost: FREE
16 LCBA Family Law Event
DECEMBER 2023 1 YLD Holiday Fiesta 7 LCBA Annual Holiday Party 22 LCBA and courts closed 25 LCBA and courts closed
Time & Location: TBA Sponsor: Absolute Law Cost: FREE
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ETHICALLY SPEAKING
By Henry Lee Paul, Esq.
ABA Clarifies
Office Sharing Arrangements with Other Lawyers in an office sharing arrangement should use separate business cards, letterhead, and directory listings, as well as office signs, firm names, and advertisements that describe their distinct practices and do not suggest a close association between professionals operating within the same space.”
The traditional law practice is in the process of transition. Fueled by Covid and enabled by technology, the historic brick and mortar law office is no longer essential. Virtual offices and remote practice are gaining popularity. Even practices that continue with a brick and mortar presence seek to reduce overhead costs. One long-established method of minimizing costs has been to share office space with other lawyers. The ABA has given timely guidance regarding office sharing arrangements in recently issued ABA Formal Opinion 507. The ABA addressed common types of office sharing arrangements, which include “lawyers with separate law practices sharing office space, support staff, and equipment; law firms renting unused office space to unaffiliated lawyers; or even lawyers sharing an office suite, receptionist, and conference room as part of a virtual law practice or on a temporary basis.” The ABA has given guidance regarding “some minimum ethical requirements and suggested practices arising in the office sharing context, particularly in the areas of confidentiality, conflicts of interest, supervision, and communications concerning a lawyer’s services.”
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.
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The obligation to protect client information may face additional challenges with office sharing. Lawyers should consider how to protect or segregate or limit access to files and to refrain from communications that might be overheard by the sharing lawyer or their staff. Office sharing lawyers must clearly communicate the nature of their relationship to the public and their clients. The ABA suggests that “lawyers
A more complicated area of concern regarding office sharing arrangements involves potential issues of conflict of interest. Issues of conflict among office sharing lawyers most commonly arise because the lawyers do not rigidly observe the boundaries required to affirm the independence of each law firm. Office sharing lawyers should take precaution to avoid the imputation of conflicts of interest. Rule 4-1.10 imputes conflicts of interest to all members of a firm. If a client perceives office sharing lawyers to be in the same firm, it might result in allegations of conflict that may test whether the boundaries of the sharing arrangement have been complied with. Allegations of conflict might also be alleged if office sharing lawyers represent adverse clients. The ABA advises not only strict compliance with sharing arrangement boundaries, but also that a space sharing lawyer may be obligated “to disclose the details of the office sharing arrangement to their respective clients, including their efforts to maintain confidentiality, and to obtain each clients’ informed consent, confirmed in writing.” The ABA also notes that another type of conflict situation may arise informally because “It is natural for lawyers in office sharing arrangements to informally consult one another about their respective client matters.” Even though the identity of the client might not have been disclosed, conflict might not be avoided. I have encountered allegations of conflict in regard to all of the concerns addressed by the ABA. It is suggested that lawyers who share space review ABA 507 to help avoid unexpected allegations of misconduct related to an office sharing arrangement.
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TERRY’S TAKE ON THINGS
By T. Rankin Terry, Jr., JD, LLM
MEDIATION & ARBITRATION ISSUES ARE RISING
Carlos Kelly’s Res Gestae August 2023 interview with Bob Shearman is excellent. It should be copied, annotated and kept in your bottom left desk drawer. The most recent (Vol. 42 Issue 3) The Construction Lawyer (the ABA Forum on Construction Law’s main publication) has an excellent article: “Comparing Theory and Practice: Survey Results of What Attorneys and Arbitrators Want in Construction Mediation and Arbitration.” ABA is giving me permission to email it around. The article discusses survey responses from 330 construction attorneys and 220 construction mediators and arbitrators. Due to their complexity construction, mediations use considerable pre-hearing time educating the mediator (and hopefully the parties). Typical personal injury, family law and commercial mediations not so much. I suggest that these mediations move closer to the “construction model.” On remote Zoom mediations, The Construction Lawyer survey found all respondents equally divided over the efficacy of Zoom mediations. Adding in personal injury, family law (which tend to be more “in person”), and “business
break-up” attorneys would, I suspect, raise the opposition to 60-70 percent. To get cases settled, the parties must establish some relationship with the mediator. Accomplishing this remotely can be a challenge. I find “reading the room” with Zoom difficult.
Email Terry for a copy of The Construction Lawyer article at trterry@gmail.com
The main Zoom-driver is saving travel time. A compromise is to liberally allow claims people and other remote “deciders” appear via Zoom and the others live. A “Terry Innovation” (though I am far from its creator) is to require at least an hour be reserved and billed for pre-hearing, confidential phone conversations between each lawyer and the mediator. Ethics requires summaries, reports or position papers, prepared exclusively for the mediator or the group, to eventually reach the client. Realistically, in every mediation the lawyer has things that the mediator should know that should not be shared with the client. Delaying passing this on until the typical “meeting in the hall” at the hearing wastes time. This information very often rescues a settlement from impasse! The earlier in the mediator’s mind, the better. I know that the more time I have to think over what is coming, the better things turn out.
T. Rankin Terry, Jr. is a longtime Southwest Florida practitioner. Board certified in civil trial for 35 years, he has been a certified mediator for 40 years. His bachelor’s degree in mechanical engineering was obtained from the University of Kentucky, followed by his juris doctor from Washington University in St. Louis. He also earned an LLM in tax from the University of Florida.
NOVEMBER 2023 15
PRACTICE SECTION
By Blake Hampton, Esq.
Special vs. Supplemental
NEEDS TRUSTS
It’s easy for the public and sometimes, even attorneys, to confuse different types of special needs trusts. In this article, I hope to help differentiate the two primary types of special needs trusts and provide clarity on when each is appropriate. named beneficiaries. This type of trust is situational and should not be used in a typical estate plan. Supplemental Needs Trust
Special Needs Trust A First Party Special Needs Trust is created by a beneficiary under age 65, for the benefit of the beneficiary. Federal law permits a Medicaid/SSI recipient to use their own funds to establish the trust in order to maintain Medicaid/SSI eligibility [42 U.S.C. 1396(p)(d)(4)(A)]. Assets held in this type of trust are not counted towards the Medicaid or SSI asset limit. It is important to note that special needs trusts should not be used in veterans benefits planning. An elder law, estate planning and VA-accredited attorney, Blake Hampton founded Hampton Law to focus on comprehensive, long-term care and estate planning for the elderly. In addition to being named a Super Lawyers Rising Star for the past five years in a row, Hampton was recognized as a top 40 under 40 professional in 2017. He also served as a past president of the Lee County Bar Association.
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The beneficiary of a special needs trust is the individual who established the trust. The trustee cannot be the beneficiary. Usually, the trustee is the beneficiary’s family member or professional fiduciary. Distributions from the special needs trust can supplement, but not supplant public benefits received by the beneficiary. The trust can pay for rent, dental expenses, transportation, entertainment and several other items. Upon the beneficiary’s death, any remaining funds will first pay off the State’s Medicaid lien. Any remaining funds may be distributed to
A Third-Party Supplemental Needs Trust is a trust created by someone other than the beneficiary. It can be created at the grantor’s death, or during the grantor’s life [SI 01120.200(B) (16)]. The trust can be revocable until the grantor dies or the trust receives a certain amount of money, upon which it’s considered irrevocable. Similarly to the special needs trust, the beneficiary cannot serve as trustee of the supplemental needs trust, and the trust is used to preserve public benefits eligibility. Beyond public benefits eligibility, the supplemental needs trust can be used to care for someone with addiction or mental health issues. Unlike a special needs trust, the supplemental needs trust is funded from inheritance and does not have a payback provision. Upon the death of the beneficiary, the remaining funds can be distributed according to the grantor’s wishes. Both First-Party Special Needs Trusts and Third Party Supplemental Needs Trusts have specific purposes and should not be recommended simply because your client has a special-needs child. There is significant nuance and planning involved, based on a family’s specific needs and goals. This is where consulting with an Elder Law attorney can be beneficial.
WELCOME MEMBERS
WELCOME,
NEW MEMBERS
Please join Lee County Bar Association in welcoming these newest additions to our membership rolls. FRANCESCA ANON, ESQ. Viles & Beckman, LLC
WILLIAM MAGUIRE, ESQ. Office of the Public Defender
ALEKSANDR BOKSNER, ESQ. City of Cape Coral
BRITTANY PANTER, ESQ. Viles & Beckman, LLC
MERCEDES CHARLES, ESQ. Attorney at Law
BLAKE RIZZOLO, ESQ. Office of the Public Defender
WILLIAM FERRIS, ESQ. Knott, Ebelini & Hart
COLTEN THOMAS, ESQ. Henderson, Franklin, Starnes & Holt, P.A.
GEORGE GRIFFIN, ESQ. Henderson, Franklin, Starnes & Holt, P.A.
GEOFFREY WILSON, ESQ. State Attorney's Office
AMANTHA KELLY, ESQ. Henderson, Franklin, Starnes & Holt, P.A.
NOVEMBER 2023 17
GUEST COLUMN
The Honorable Josephine Gagliardi and Bridget Washburn, Lee County Treatment Courts Manager
NO VETERAN LEFT BEHIND
Inside the Lee County Veterans Treatment Court The Lee County Veterans Treatment Court “literally helped me change and saved my life,” reports one successful graduate.
Appointed to the Lee County bench by Governor Jeb Bush in 2006, Judge Gagliardi hears both civil and criminal matters. Since 2008, she has volunteered to handle cases for the Lee County Felony Adult Drug Court program. In 2022, she additionally began presiding over Mental Health Court and Veterans Court.
Bridget Washburn is the Treatment Courts Manager for the 20th Judicial Circuit and was appointed to that position in early 2022. Prior to that she worked in the Lee County Criminal Division for over nine years. She holds a BA in Criminal Justice and an MA in Criminal Justice Administration, both from the University of South Florida.
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The Lee County Veterans Treatment Court was created in 2015 with the intent of addressing the underlying causes of a veteran’s involvement in the judicial system through the use of specialized dockets, multi-disciplinary teams, and evidencebased treatment. In order to be eligible for Veterans Treatment Court, the defendant must have served in the United States military, be a current or former US Department of Defense contractor, or a current or former military member of a foreign allied country; must be a resident of Lee County; must be legally competent to proceed; and must be found both legally and clinically eligible. Legal eligibility is determined by the State Attorney based on the nature and circumstances of the offense, the defendant’s criminal history, any previous participation in a treatment court program, impact on the community, and recommendations of law enforcement and the victim or alleged victim. Clinical eligibility is determined through an evaluation with the approved Veterans Treatment Court provider. The evaluation must result in a diagnosis of substance use disorder, service-related mental illness, mild traumatic brain injury, and/or an eligible severe and persistent mental illness. Lee County Veterans Treatment Court is a voluntary alternative to the traditional justice system. Each participant in the program has the support of a multi-disciplinary team of representatives from the State Attorney and Public
Defender’s Offices, a veterans justice outreach specialist with the U.S. Department of Veterans Affairs, specially trained probation officers, a treatment provider with outreach services, the Administrative Office of the Courts, and the Judge. While in the program, veteran participants have an individualized treatment plan, which will require the participant to attend a minimum of two group or individual sessions per week, submit to a minimum of two urine screens per week, attend court regularly, and attend community support groups. The team assists the participant with accomplishing these tasks by working to reduce barriers, such as providing bus passes, referrals to medical care, etc. One of the more unique aspects of Veterans Treatment Court is that participants have access to veteran mentors. Veteran mentors are volunteers who are available, both in the courtroom and outside the courtroom, to offer support, guidance, and friendship to the participant. The mentor interacts with the veteran participant as a peer, rather than an authority figure, and models pro-social habits to the participants. Successful completion of the Veterans Treatment Court program results in closure of the case, either through dismissal of the participant’s charges or completion of probation. Graduates of the Lee County Veterans Treatment Court are encouraged to come back to sit in on court sessions and after one-year post-graduation, they are encouraged to become a mentor. The motto of our program is “No Veteran Left Behind.”
NOVEMBER 2023 19
G N
R F T
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D E E
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According to the U.S. Census Bureau, there are nearly 53,265 veterans living within Lee County alone – nearly seven percent of the population. Lee County Bar Association would like to recognize the service, valor and sacrifice of these courageous men and women who have protected and served their country with bravery and perseverance. In honor of Veterans Day on November 11, Res Gestae magazine reached out to Michael Corso of Henderson, Franklin, Starnes & Holt, P.A. to ask him to share his reflections on veterans and military service. A captain in the Air Force from 1971 to 1978, Corso’s experiences include piloting reconnaissance flights over North Vietnam in 1971. As an engineer, he developed ejection seat principles still used today in military aircraft, including the F-22 Raptor and F-35 Lightning aircraft. He also served as a special prosecutor as a member of the JAG program for four years.
Thanks to my fellow Veterans I am a proud member of the Sons of the American Revolution (SAR) since 1973. A great aunt pushed me to join during my law school years; my distant relative George Houck was in the Continental Army with George Washington as Commander in Chief. I have multiple other family members who served in the Civil War, World War I and II, Korea, Vietnam, Iraq and Afghanistan, along with one currently in the Navy. In World War II, 11.2 percent of our nation served during those four years. During the Vietnam era, 4.3 percent of the nation served, spanning its 12 years of existence. Since 2001, only .45 percent of our population has served in a branch of our military service. These are unbelievable statistics. Over time, fewer and fewer people have shouldered more and more of the burden – and the percentage number of those who serve is getting lower. Our troops were sent to war in Iraq by a Congress consisting of 10 percent veterans with only one person who had a child in the military. Taxes did not increase to pay for the war. War bonds were not sold. Gas was not regulated. In fact, the average U.S. citizen was asked to sacrifice nothing, and has sacrificed nothing, unless they chose to do so out of the goodness of their hearts. The only people who have sacrificed are the veterans and their families. The volunteers. The people who swore an oath to defend this nation. You stand there, deployment after deployment, and fight on. You’ve lost relationships, spent years of your lives in extreme conditions, years apart from family and kids you’ll never get back, and beaten your body in a way that even professional athletes don’t understand. Then you come home to a nation that doesn’t understand. They don’t understand suffering. They don’t understand sacrifice. They don’t understand why we fight for
them. They don’t understand that bad people exist. They look at you like you are a machine – like something is wrong with you. You are the misguided one – not them. When you get out, you sit in college classrooms with political science and teachers that discount your opinions on whatever conflicts existed then, because of your bias. You watch TV shows where every vet has post-traumatic stress disorder (PTSD), and the violent strain at that. Your political leaders are debating your benefits, your retirement, and your pay, while they ask you to do more. But the amazing thing about you is that you all know this. You know your country will never pay back what you have given up. You know that the populace at large will never truly understand and appreciate what you have done for them. Heck, you know that in some circles, you will be thought of as less than normal for having worn the uniform. But, you do it anyway. You do what the greatest men and women of this country have done since 1775. You served. Just that decision alone makes you part of an elite group. As said by Sir Winston Churchill, then Prime Minister of the United Kingdom, “Never in the field of human conflict has so much been owed by so many to so few.”
Thank you to the 11.2 percent and 4.3 percent who have served, and thanks to the 0.45 percent who continue to serve our nation today.
-Mike Corso
Photos (L to R): Mike’s official 1974 JAG photo. Mike and crew prepare for take-off from Thailand. Now at Henderson Franklin, Mike is board certified in civil trial law and business litigation.
NOVEMBER 2023 21
SPECIAL EVENT RECAPS
Celebrating
OUR PRO BONO STARS
On October 20, Lee County Bar Association welcomed local leaders and LCBA members for a catered luncheon and awards ceremony at The Edison Restaurant. Sponsored by Casey Gartland, Esq. of Pendas Law Firm, Lee County Legal Aid Society and Florida Rural Legal Services, the special presentation recognized and honored the community-minded professionals who offered pro bono services in 2023. Beyond fulfilling a professional responsibility, this year’s award winners demonstrated exceptional commitment to serving others and closing the justice gap for individuals in Southwest Florida who need it most.
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2023 LCBA PRO BONO AWARD WINNERS Please see the listing below of those LCBA members who were nominated by their peers as Pro Bono Superstars. We at the LCBA are so proud of our Pro Bono Award winners! Thank you for your public service! Maria Alaimo, Esq. Andrew Banyai, Esq. Melissa Barris, Esq. Kati Calvo, Esq. Katherine Camadeco, Esq. Karla Campos-Andersen, Esq. Blair DeMinico, Esq. Andrew Epstein, Esq. Ashley Faraone, Esq. Carlena Hull, Esq.
Richard Johnston Jr, Esq. Honorable Kevin Karnes Susan Larned, Esq. Eunice Linot, Esq. Honorable Gilberto Perez Robert Pritt, Esq. Kristianna Soto, Esq. Douglas Spiegel, Esq. Frank Talty, Esq. Patty Talty, Esq.
Thank you to our Sponsors:
1.
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Andrew Banyai and Peter Dennis
2. Honorable Kevin Karnes, Lauren Baugh, John Bodner 3. Honorable Kevin Karnes, Spencer Cordell, Esq. and Karla Campos-Andersen, Esq. 4. Robert Pritt, Esq. and Penny Pritt 5. Kristianna Soto, Esq., Honorable Lindsay Garza, Honorable Kevin Karnes 6. Lauren Baugh, Ita Neymotin, Esq., Ryan Downey, Esq., Honorable Devin George, Honorable Kathy Smith 7.
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Honorable Devin George, Peter Dennis, Ita Neymotin, Esq.
JimJettPhoto.com NOVEMBER 2023 23
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LEGAL LENS
WE THE PEOPLE constitution day LCBA members arrived on the front steps of the Federal Courthouse in Downtown Fort Myers for a Constitution and Citizenship Day Celebration hosted on September 15 by the Lee County Bar Association. The program featured keynote remarks from Justice John Couriel of the Supreme Court of Florida, along with a naturalization ceremony and live reading of the United States Constitution. During the event, attendees also had the opportunity to complete voter registration and enjoy Constitution-themed treats.
SWFL Federal Bar Association Board of Directors
Justice John Coriel speaking
John Dommerich Jr, Hon. Erik Leontiev, Brad Rothman
Hon. Kyle Cohen, Hon. Kim Davis Bocelli, Ed Cheffy
NOVEMBER 2023 27
COMMUNITY CONNECTION
Holly Boldrin, APR, CPRC
Mission ™ United
Did you know? 1.5 million veterans call Florida home.
Throughout our nation’s history, the brave men and women of the U.S. military have served with honor and dedication to protect our country’s freedoms.
From securing a roof over their heads to finding stable employment to mental and physical health treatment, the needs vary greatly.
Yet when the time comes for them to reacclimate into society, it can be difficult to find basic services such as employment, healthcare, or housing. And with Florida having the third-largest veteran population in the nation, collaboration and coordination of services is mission critical to the health and well-being of those who have served.
“It can be very tough for veterans to ask for help, and one of the greatest benefits is that callers can be connected to Veteran Care Coordinators for direct peer support,” said Hafner. “Not only have Veteran Care Coordinators also served our country and can offer an empathetic ear, they are trained to screen the callers for safety risks and conduct a comprehensive needs assessment.”
“For all their sacrifices, our active-duty military, veterans, and their families deserve to be connected to and empowered by resources that can help them navigate the complex and often fragmented services available to them,” said Linda Hafner, vice president, United Way 211 at United Way of Lee, Hendry, and Glades. “That’s where Mission United™ can help.” A program of United Way, Mission United™ serves as a single phone point of entry, utilizing the 211 number to empower local U.S. active military, veterans, and their families and direct them to vital services and resources. Trained United Way 211 Community Resource Specialists are available 24/7 to assess the callers’ needs and refer them to the appropriate resources in the community. All calls are kept confidential. 28 LEEBAR.ORG
“They often problem-solve in the moment,” Hafner added. “By getting to the root cause of the challenges the caller is facing, the Veteran Care Coordinators offer advocacy and work closely with veteran and social service organizations to provide access to community programs and fill gaps in services. We couldn’t do this without the support of our partnership with Bonita Bay Veterans Council walking alongside Mission United and helping us when needed.” Once those needs are identified, the Mission United™ team immediately make appropriate referrals or connects the client to the resources directly, in the moment, depending on the urgency. The care coordinators then follow up within ten days to check on the caller and offer any next steps for support or additional referrals.
Last year alone, United Way of Lee, Hendry, and Glades’ Mission United™ served 2,965 veterans, active-duty military, and their families through care coordination, service navigation, information, and referrals. Mission United™ enrolled 400 of those veterans in care coordination services to provide peer support.
Collaboration and commitment are the reasons Lt. Col. Gary Bryant, US Army (Ret.), has championed Mission United™. “I’ve been involved with several human service organizations that meet in groups and then nothing happens,” said Bryant, who also serves as a United Way board member.
“This year, we are averaging 350 calls per month, with 100 of those being new callers to Mission United™,” adds Hafner. “We serve people of all different ages and branches of the military, and last year, we served six World War II veterans. The needs can be as complex as a mental health crisis or as routine as support for car repairs or tax-filing assistance.”
“That’s not true with Mission United™! Every single day, Mission United™ is accomplishing its mission by serving veterans in need. We are truly serving those who have served our Country who need us the most.”
Mission United™ launched locally in 2016 and is currently sponsored in part by the Lee Coast Chapter of Military Officers Association of America (MOAA), Far-Mar Fund (a fund of Collaboratory), San-Cap Rotary Trust Foundation, and Sandoval’s Memorial Day 5K Run/Walk. With over 350,000 officers and 400-plus chapters nationwide, MOAA has proven to be an essential connection. In a spinoff of that organization’s Community Blueprint program, RADM Roger W. Triftshauser, Dental Corps, USN (Ret.), past president of the group’s local Lee Coast chapter, led a challenge to meet the unmet needs for veterans, their families and returning active-duty personnel. “Thanks to United Way of Lee, Hendry, and Glades, the Mission United™ initiative officially launched in 2016,” said Triftshauser. “The immediate labors of Mission United’s industrious staff and 40-plus stakeholders since 2016 has been the linchpin to our growing, extraordinary success. We are filling the gaps of unmet needs of our veterans, their families, and returning active-duty members. We are proudly standing ready to assist other organizations and individuals in this monumental quest.” Additionally, United Way of Lee, Hendry, and Glades is part of a statewide program dedicated to helping Florida veterans. The organization works in conjunction with a local network of providers, the Florida Department of Veterans Affairs, and the Crisis Center of Tampa Bay to provide a helpline where veterans can receive both emotional support and referrals to community resources. “Behind the scenes, this is a huge collaboration happening in our region,” said Hafner. “Approximately 40 community stakeholders providing veterans services meet bi-monthly to network, share statistics, and collaborate. We listen to what other organizations are doing and stay updated on new programs and resources available.”
Left to Right: RADM Roger W. Triftshauser, Dental Corps, USNR (Ret.) and Lt. Col. Gary Bryant, USA (Ret.)
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Every single day, Mission United is accomplishing its mission by serving veterans in need. Mission United walks the walk, and not just talks the talk.
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“Mission United™ is not about enabling, it’s about empowering those who served with the resources available to them, the resources they have earned and deserve.”
If you know an active-duty military, veteran, or a family member needing support, encourage them to call 2-1-1 or 239.433.3900 to speak with someone who can help them through the difficulties of transitioning back to civilian life.
- Lt. Col. Gary Bryant, retired veteran and Mission United advocate
NOVEMBER 2023 29
THE DISH
By Lauren Baugh
Serving Our Community YLD BOARD VOLUNTEERS AT
All of us have driven down Dr. Martin Luther King, Jr. Boulevard and have seen the crowd out in front of the building that houses Community Cooperative. Community Cooperative is not just a building or two, but a multitude of resources centrally located for those in our community that need food assistance in a variety of ways. The crowd you see while driving by comprises individuals and families awaiting the opening of its new café, fondly known as Sam’s Community Café & Kitchen. In this safe space, Community Cooperative volunteers cook and prepare nearly 1,300 meals each day to support food programs. These not only include meals served at Sam’s Café, but also Meals on Wheels and the National School Lunch Program. Can you imagine cooking that much food for one day? Well, the YLD Board and I don’t have to imagine – we did it, with the help of some amazing individuals. This experience certainly
Lauren Baugh is the Executive Director at Lee County Bar Association and can be reached at LBaugh@leebar.org.
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changed my life, and I know it deeply affected others in attendance as well. When I arrived with the YLD crew, we were greeted by super friendly faces and given a tour of the facility. There, a grocery store called the Community Market provides customers an opportunity to choose their own food off market shelves to take home groceries to their family and those they serve. The food selection goes beyond peanut butter and jelly or canned vegetables. It includes all kinds of yummy things, like fresh breads and pastries donated by community partners. You’ll find fresh fruits and vegetables that are not frozen or canned, although they do offer those as well, which is vital to a balanced diet. The pantry also stocks comfort items, such as Doritos, candy and soda. Anyone can donate toward supporting this community market, whether it’s food items for
YLD Board Members and Lauren Baugh volunteer alongside Chef Bill at Community Cooperative.
those who need them or gift cards, cash and the like! This is often the only source of food these individuals are able to provide their family. Let that sink in! Next, a very sweet and quite knowledgeable garden volunteer introduced our tour group to what she was working on: growing many of the veggies they serve, right there in the back of the property! We are talking okra, peas, green beans, sweet potatoes and so much more! At the Meals on Wheels headquarters, we learned that they serve so many more people than I ever imagined. They provided more than two million pounds of food to our neighbors in need in 2022 alone! Frankly, their delivery process was amazing – including to people’s homes. Most who receive these Meals on Wheels are unable to drive or walk to get a fresh, healthy meal. All of the delivery drivers volunteer their time, and you can too! For more information, please contact volunteer services at volunteer@communitycooperative.com. Finally, we arrived at the café. Pumped after hearing all of the wonderful things happening there at Community Cooperative, we wanted to help! Greeted by a few friendly faces, who looked very happy to see us, we strapped on our apron, gloves and hairnets. Now, every kitchen has a boss, and this one is no exception! This boss is what inspired us all throughout our hours of volunteering. Chef Bill was incredibly charismatic and had a personality larger than life! Very mechanical in the way he runs the kitchen, Chef Bill did it with such passion and excitement. He will openly tell you that he is a recovering alcoholic. Chef Bill sits on the board of an AA parallel group in Cape Coral and just wants to do his part to help those who suffer from the disease of addiction, which is remarkable! The kitchen is full of phenomenal people, who are doing what they can to help those who come in to get a hot meal. Most often, it may be the diner’s only meal of the day. Each of them made impressions on all of us in various ways. We all played a role that day, whether it was cleaning, cooking or serving. YLD Board and I took the job seriously, spending hours in the kitchen, and doing so with a smile on our faces. Once we served all the patrons and closed up, we also cleaned the kitchen and the café.
Finally, we all sat down to treat ourselves to a delicious meal at Sam’s Community Café and Kitchen. I felt honored to be able to sit down with my group and the wonderful individuals whom we worked with to chat about what an enjoyable experience it was. What I found noteworthy is how delicious the food tastes at the café. It’s clearly made with love and is full of flavor. Before this visit, I had done my share of donating to Community Cooperative and always loved their mission, but had never been able to find time to volunteer. While we had fun, we felt such a sense of humbleness knowing that after we left and went about our day. If we wanted to drive to a grocery store and buy whatever our families wanted to eat, we could do so without a worry. The great news is that anyone can volunteer to assist in the kitchen. If you have not already done this, I highly recommend you do! It could be a team building exercise, or simply a time for you to go and do your part to help our community, one plate at a time. It will humble you beyond your wildest imagination and it will also make you feel good.
TO FIND OUT THE MANY WAYS YOU CAN SERVE YOUR COMMUNITY VIA THIS NOT-FOR-PROFIT, CHECK OUT THE COMMUNITY COOPERATIVE WEBSITE AT WWW.COMMUNITYCOOPERATIVE.COM.
Chef Bill serves food at Sam’s Community Café & Kitchen.
HOURS OF OPERATION Monday – Friday 10:30 a.m. to Noon
3429 Dr. Martin Luther King Jr. Blvd. Fort Myers, FL 33916 24/7 CPE Mobile Crisis Hotline (844) 395-4432
WANT TO SEE YOUR RESTAURANT FEATURED HERE? Contact RGSales@ prioritymarketing.com. NOVEMBER 2023 31
Lawyer for Life Barbara M. Pizzolato, Esq. Over 30 years experience Licensed to practice in New York, New Jersey, Connecticut, and Florida Committed to establishing long-lasting relationships with her clients Offers personalized, customized legal services that clients expect and deserve
(239) 225-7911
8660 College Parkway. Suite 400 Fort Myers, FL 33919
AAorney Jose Calvo
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PIZZOLATOLAW.COM
Your SOUTHWEST FLORIDA Realtor®
Christina Mehta
• Graduate REALTOR® Institute (GRI) • Resort & Second Property Specialist (RSPS)
Waterfront Specialist
Affiliate Member of the Lee County Bar Association
Call Today! 239.470.4204
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32 LEEBAR.ORG
We offer remote/video and/or in-office consults and meetings. We are here to help your clients with family law and criminal defense legal options.
YOUR CLIENTS DESERVE
THE BEST.
Calvo & Calvo Attorneys at Law have more than 40 years of combined legal experience and are backed by a reputation for dynamic representation. Thank you!
Se Habla Espanol 239.332.5501 • CalvoLaw.com 1534 Jackson Street • Fort Myers, FL 33901
THANK YOU TO OUR LCBA SPONSORS PLATINUM
GOLD GOLD
SILVER GOLD
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NOVEMBER 2023 33
100 CLUB
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.
Goldstein, Buckley, Cechman, Rice & Purtz, P.A.
Osterhout & McKinney, P.A.
All Injuries Law
GrayRobinson, P.A.
Patrone, Kemp & Bentley, P.A.
Aloia, Roland, Lubell & Morgan, PLLC.
Green, Schoenfeld & Kyle, LLP
Pavese Law Firm
Arend & Sisk, P.A.
Hahn, Loeser & Parks, LLP
Roetzel & Andress, L.P.A.
Associates & Bruce L. Scheiner, P.A.
John Webb Legal Group, P.L.
Rubinstein & Holz
Banker, Lopez & Gassler
Kagan Law Firm
Scarmozzino / King Trial Lawyers
Boy Agnew Potanovic Miller, PLLC.
Knott Ebelini Hart
Sheldon E. Finman, P.A.
Boyle & Leonard & Anderson, P.A.
Law Offices of Dennis L. Webb, P.A.
Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A.
Burandt, Adamski, Feichthaler & Sanchez, PLLC.
Law Offices of Michael M. Raheb, Criminal Lawyer
Spivey Law Firm, Personal Injury Attorneys, P.A.
Law Offices of Scott T. Moorey
Viles & Beckman, LLC
Calvo & Calvo, Attorneys at Law Cole Scott & Kissane, P.A. – Fort Myers Dal Lago Law Freidin & Inglis, P.A. Garvin Law Firm Goldberg, Noone, Abraham
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Lee County Legal Aid Society, Inc. Light Path Law, P.A. Linde Law Group Men’s Rights Law Firm
Strayhorn, Persons-Mulicka & Fisher, P.L. Wilbur Smith, LLC Yeslow, Koeppel & Anderson ZinnLaw, PLLC.
Scott T. Moorey
MEMBER SPOTLIGHT
THINGS YOU DON'T KNOW ABOUT ME
u Alex Menendez
Criminal Defense Attorneys Scott T. Moorey Lance W. Dunford Jill A. Prenger Good People Do Get Arrested
239-275-5552
1430 Royal Palm Square Blvd Suite 101 Fort Myers, FL 33919
I grew up in Tampa Bay, and I still root for the local teams. Since moving to Fort Myers, I’ve also become a huge fan of the Everblades. $3 beer and hotdogs at Hertz Arena, what’s not to love about that? The most adventurous thing I’ve ever eaten is a three-way tie for first place: haggis (worth Googling), squab, and camel sausage. Surprisingly, haggis was the only one I’d gladly try again. I took a job out of law school with Pavese Law Firm to specialize in real property law. My partners have multiple Board Certifications and they are a wealth of knowledge and experience. Their mentorship and instruction have been invaluable to my career. SWFL remains one of the best Gulf Coast communities for opportunity and growth while maintaining a nice, small town community. Thanksgiving is my favorite holiday! My in-laws are Lebanese and Egyptian. I’m Cuban. So there’s tons of rice and unconventional sides. Tabbouleh and turkey. Don’t knock it until you’ve tried it. I would tell any law student and new attorney to make yourself useful, and do it in a way that is ethical. Your job, at first, is to become invaluable to the partners: your first clients. Their job, in part, is to develop you professionally until you are ready to join them. It’s an unwritten, social contract and a tradition that’s centuries old and still incredibly important for the legal profession. The dynamic should respect quality time with family, but be prepared to make greater sacrifices early in your career. NOVEMBER 2023 35
IN THE NEWS AN EXPERIENCED GUIDE Christina O’Brien, stockholder and chair of the Divorce, Marital and Family Law department at Henderson, Franklin, Starnes & Holt, P.A., has become a Florida Supreme Court Certified Family Mediator. With her newly acquired certification, O’Brien can guide families through the mediation process with compassion, expertise and a deep understanding of the intricacies of family law. In cases involving high conflict parenting issues or relocation, she often serves as an appointed Guardian Ad Litem in Lee County.
15TH ANNUAL TURKEY GIVEAWAY
GRADUATES IN GEAR Henderson, Franklin, Starnes & Holt, P.A., has welcomed two recent graduates as new associates. University of Florida graduate Amanda “Amy” Kelly will join the business litigation department. A Florida native, Kelly is passionate about serving her community and believes that local businesses are vital to its success. Florida State University graduate Colten Thomas will serve clients from the land use and environmental law department. His appointment follows two successful summer associate internships with the firm.
To support the local community, The Pendas Law Firm will continue its 15-year tradition of distributing turkeys to families in need. Families are welcomes to stop by and receive a free turkey at The Pendas Law Firm’s Fort Myers office on Sunday, November 19 from 10am – 12pm. The distribution is on a first come first serve basis. In addition to Fort Myers, The Pendas Law Firm also gives free turkeys to families in need in the Orlando, Tampa, Jacksonville and Miami areas.
ON THE MOVE ZinnLaw has relocated to a newly expanded office space at 2891 Center Pointe Drive, Suite 304, Fort Myers, Florida 33916. This spacious and comfortable environment will allow the boutique law firm to better serve clients’ needs in the practice areas of contracts, real estate, construction, hurricane insurance litigation and bankruptcy. 36 LEEBAR.ORG
NOVEMBER 2023 37
A NOTE FROM OUR SPONSOR
APPROACHING A CENTURY OF SERVICE WITH GRATITUDE
As we approach Henderson Franklin’s 100th anniversary in 2024, we realize this momentous occasion wouldn’t be possible without the support of our colleagues, friends and members of the Lee County Bar Association. Over the past century, many of our attorneys have taken on leadership roles within the Lee County Bar Association, as well as served in judiciary roles. We are deeply honored to have played a small part in the legal landscape of our vibrant community. Moreover, we wish to express our gratitude for the opportunities you’ve given us to serve as counsel to your clients whenever circumstances permit. Your referrals have been invaluable to our
firm, and we genuinely appreciate the confidence you’ve bestowed upon us. We believe in reciprocating the trust placed in us and are dedicated to cross-referring clients to fellow members whenever the need arises. With a shared commitment to the Lee County legal community, we’ve forged relationships grounded in mutual respect and collaboration. As we reflect on our history and look ahead to the next 100 years, our commitment to serving this community remains unwavering. With sincere appreciation for the support, friendship, and collaboration that have defined our journey thus far, here’s to the next century of shared success and mutual support.
PRACTICE AREAS: • Appellate Law
• Divorce, Marital & Family Law
• Mediation & Arbitration
• Business, Probate, Real Estate and Tort Litigation
• Employment Law
• Real Estate and Association Law
• Health Care
• Wills, Trusts and Estate Planning
• Business & Tax Law
• Intellectual Property
• Workers’ Compensation
• Construction Law
• Land Use & Environmental Law
Contact Information Where Tradition Meets the Future.
®
38 LEEBAR.ORG
(239) 344-1100 1715 Monroe Street henlaw.com
AT TO R N E YS AT L AW
Our commitment to Southwest Florida is enduring. The personal injury team at Aloia Roland is highly respected amongst their peers for their commitment and dedication to the community both in and out of the courtroom. Beyond their legal expertise, they are proud supporters of a variety of organizations throughout Southwest Florida including Community Cooperative, Valerie’s House, Fish Like MADD and more!
Ty G. Roland Senior Partner Personal Injury & Wrongful Death
Jonathan Martin Partner Personal Injury & Wrongful Death
Respected / re·spect·ed / verb 1. admired for their abilities, qualities, or achievements. Synonyms: esteemed, distinguished, renowned
Over 60 Years of Combined Experience Serving Residents of Southwest Florida Offices: 2222 Second Street, Ft. Myers, FL 33901 1222 47th Street, Cape Coral, FL 33904 Telephone: 239.791.7950 Website: LawDefined.com
Evan D. Lubell Senior Partner Personal Injury & Wrongful Death
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We Salute You
Honoring Our Community’s Veterans Edison National Bank/Bank of the Islands would like to recognize the brave individuals who have gone the extra mile to serve our country. Veterans Day provides the opportunity to recognize the sacrifice these valiant heroes make by putting on the uniform to protect our freedoms and our lives. Today and every day, we stand proud to honor and remember our community’s veterans and their families. Thank You for Your Service!
Robbie Roepstorff, President and Geoff Roepstorff, CEO
To learn more about our customer services and convenient locations, please visit EdisonNationalBank.com or call 239.466.1800. Equal Housing Lender | Member FDIC | Bank of the Islands is an office of Edison National Bank.