Res Gestae - April 2023

THE VALUE OF MENTORSHIP

A Call to Action from Florida Bar

President Gary Lesser

WORDS OF WISDOM

From the 2023 Affiliate Outreach Conference

Front left to right: Casey Gartland, Kati Cook; Back left to right: Dawn Maselli, Joey

Off to a Great Start

The Bar Association is having a great year so far. In March, we enjoyed a couple of great activities starting with a suite at a Boston Red Sox spring training game. LCBA used to have a tradition of doing a spring training get-together, and I was glad to have the opportunity to bring that back in a new way.

We also had our annual Bench Bar-B-Q and Shrimp Boil, held once again at the Alliance for the Arts. Thanks again to our event sponsors, as well as our special guest shrimp boilers, Judge Robert Branning, Judge Nick Thompson, and attorneys Jerry Von Gruben and John Webb! There was delicious food, activities for the family and a great time for all.

We have a big membership luncheon coming up in April. On April 21, our special guest for the luncheon will be Florida Bar President Gary Lesser, who will talk about mentorship. The lunch will be at The Edison on McGregor Blvd. Be sure to get signed up right away to be able to attend.

LCBA’s Law Week will actually kick off at the end of April! Take note because it’s early this year, starting with Law in the Mall on Saturday, April 29. For a change, we are going to move the program to Bell Tower, where United Way is graciously allowing us to host the program. We are always looking for attorneys to volunteer, so contact Lauren at the office if you are able to put in an hour or two! Law Week continues with our annual blood drive on April 4, and the new 6th DCA will be holding oral arguments on April 5.

The Law Week Luncheon will be our luncheon for May, and that’s earlier in the month than most luncheons. It will be Friday, May 5. Again, that luncheon will be at The Edison on McGregor Blvd. Mark both on your calendars, because the Law Week Luncheon usually gets a good crowd!

Later in May, the Lee County Bar Association is hosting their the annual golf tournament on May 13, once again at The Forest Country Club. Plan ahead for that, as it usually fills up well in advance, especially at a nice course like The Forest. Sponsorships are available, if you are interested! All money raised goes to the LCBA Foundation and is distributed to local not-for-profit organizations, so it’s for a good cause.

If you want to keep on top of what LCBA is doing, these activities and more may be found on our website. Follow us on Facebook, and be sure to review the News You Can Use, our weekly email updates.

LEE COUNTY BAR ASSOCIATION

ADMINISTRATION

Executive Director

Lauren Baugh

EXECUTIVE COUNCIL

President

Spencer Cordell, Esq.

Vice President

Hon. Kathy Smith

YLD President

Casey Gartland, Esq.

BOARD MEMBERS

John Dommerich, Jr., Esq.

Diana “Dawn” Maselli, Esq.

Travis Russell, Esq.

Douglas Szabo, Esq.

COMMITTEE CHAIRS

Bench-Bar Gala

Diana “Dawn” Maselli, Esq.

Diversity and Inclusion

Ita Neymotin, Esq.

Health and Wellness

Hon. Kimberly Davis Bocelli

John Miller III, Esq.

History

Jenna Persons-Mulicka, Esq.

E. Bruce Strayhorn, Esq.

Law-Related Education

T. Terry Rankin, Esq.

Law Week

Hon. John Carlin

PRACTICE SECTION CHAIRS

Alternative Dispute Resolution

Anne Dalton, Esq.

Alexandra Kleinfeldt, Esq.

Appellate Law

Alex Brockmeyer, Esq.

Corporate Law

TBA

Criminal Law

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

John Miller, III, Esq.

JUDICIAL LIAISONS

Hon. Robert Branning

Hon. Devin George

LCBA Foundation Charity Golf Tournament

Kenneth Jones, Esq.

Shannon Puopolo, Esq.

Mock Trial

Eunice Gedeon, Esq.

Shaina Zuppke, Esq.

Paralegal

TBA

Pro Bono

Andrew Banyai, Esq.

Peter Dennis, Esq.

Immigration law

Nirupa Netram, Esq.

Intellectual Property Law

Holly McFall, Esq.

Mark Nieds, Esq.

Land Use and Governmental Law

Sarah Spector, Esq.

Real Property, Probate and Trust Law

Kenneth Kemp, Esq.

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

Robin Merriman II, Esq.

Solo & Small Firm

Jarred Duke, Esq.

Robin Merriman II, Esq.

John Webb, Esq.

Tort Litigation

Diana Castrillon, Esq.

Diana “Dawn” Maselli, Esq.

DIRECTOR'S LETTER

April Is Always an Exciting Month!

This month is certainly exciting! For those who have not had the pleasure to meet our Florida Bar President, Gary Lesser, you will have the opportunity to meet him, shake his hand and hear him speak on a very important topic: mentorship! President Lesser will be the speaker at our April 21 LCBA Membership Luncheon! This luncheon will be hosted at The Edison. Further details can be found on page 10.

April is also known for the federal tax deadline, Administrative Professionals Day, Easter and a little event that we fondly host each year, called “Law In The Mall.” For this event, we are partnering with United Way of Lee, Hendry, Glades, and Okeechobee (who is also hosting us at their suite at Bell Tower). Our goal is to provide the community with an environment where our attendees can pair up with and speak to various professionals who can assist them with their various legal issues. We are seeking lawyer volunteers to assist those attendees who will come seeking legal advice during Law in the Mall. This is the first of many events that we host for Law Week!

Speaking of Law Week, you do not want to miss out on Law Week this year! As per the norm, we are hosting a blood drive for Lee Health. LCAWL is hosting their Annual Cocktail Reception, and then, of course, there are the oral arguments and the coveted LCBA Annual Law Week Awards, where we honor those in our community that have been nominated by their law enforcement peers! The LCBA works hand-in-hand with each of these groups to make sure we get to honor those deserving frontline men and women.

In May, the LCBA Foundation is also hosting their annual Charity Golf Tourney. Be sure to sign up to get out there and swing a club on the greens of The Forest Country Club! As always, if you have an idea for a CLE, luncheon, section or committee event, please reach out.

Be sure to keep an eye on our social media and website event calendar for our events, so you do not miss out on our valuable programming. We would love to see you at our next event!

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.

SAVE THE DATE

LCBA'S 2023 EVENTS

In Southwest Florida, season fills up quickly with vacations, professional appointments and family gatherings. As you plan ahead, 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.

APRIL 2023

7 Good Friday - LCBA and courts closed

14 LCBA RPPTL Section Virtual Brown Bag

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

Location: Microsoft Teams

Speaker: Mark Parthermer, Esq.

Topic: Making Lemonade Out of Lemons: Planning in the Current Economic Environment, with a Survey of a Few Key Recent Developments.

Cost: Free

21 LCBA Membership Luncheon

Time: 11:30 a.m. to 1 p.m.

Location: The Edison Restaurant

Speaker: Florida Bar President Gary Lesser, Esq.

Topic: Mentorship

Cost:: LCBA Members $15

LCBA Non-Members $25

29 Law in the Mall

Time: 10 a.m. to 12 p.m.

Location: United Way Office at Bell Tower Shops

Email LBaugh@leebar.org to sign up!

MAY 2023

4 Law Week Blood Drive

4 LCAWL Judicial Appreciation Reception

5 LCBA Law Week Luncheon at The Edison

5 6th DCA Oral Arguments

13 LCBAF Annual Charity Golf Tournament

29 LCBA and courts closed

JUNE 2023

2 YLD Burritos with the Bench

16 Luncheon at The Edison

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 Pro Bono Awards Luncheon

NOVEMBER 2023

10 Veterans Day - LCBA and courts closed

11 Bench Bar Gala at The Westin of Cape Coral

23-24 LCBA and courts closed

DECEMBER 2023

1 YLD Holiday Fiesta

7 LCBA Annual Holiday Party

22 LCBA and courts closed

25 LCBA and courts closed

Board Certified in Civil Trial Law by The Florida Bar

Represented Plaintiffs and Defendants

Former Plaintiff-side Personal Injury Attorney

Former Medical Malpractice Defense Attorney

Southwest Florida Resident Since 2005

Office in Collier County, Florida

Chad T. Brazzeal, Esquire Chad@BrazzealMediation com

Henry Lee Paul, Esq.

Risk Management

Do Not Attempt to Negotiate Away a Bar Complaint

Risk management should be under continuous review in the practice of law. One particular area of recurring concern that I have encountered involves the desire of a lawyer to bring finality to resolution of a complaint made by a dissatisfied client. Lawyers are trained to leave no loose ends in resolution of a dispute. This training not only renders the appropriate resolution of a complaint made by a client counterintuitive; it can lead to discipline.

Client complaints made against a lawyer arise in a variety of circumstances. One common dispute involves an unhappy client who complains about results obtained and fees charged by their lawyer. The resolution of such complaints can involve many options, including possible waiver of fees by the attorney.

In such a circumstance, an attorney, who may have done nothing wrong in the representation, may wish to bring a final conclusion to the matter with any agreement to compromise fees charged to a client. However, any attempt to implement such a desire, often fueled by emotion and anger, can be fraught with risk.

It is advisable for a lawyer to avoid discussion or negotiation with a client in an effort to prevent the filing of a bar complaint. It has long been black letter law that such an agreement is not only unenforceable, it is a violation of Rule 4-8.4(d) (Conduct Prejudicial to the Administration of Justice) and can result in discipline. See, The Florida Bar v. Frederick, 756 So 2d 79 (Fla. 2000).

It is often stated that the cover-up can be worse than the crime. This maxim is especially relevant in dealing with client disputes. Unfortunately, it is not unknown for a client to threaten a bar complaint in an effort to obtain leverage with their lawyer. A lawyer can take action to try and resolve client complaints and may explain their representation. A potential bar complaint is often best dealt with by simply providing a detailed explanation of the representation. Mitigation without condition might be appropriate. The Florida Bar has a general policy of not intervening in fee disputes. Additionally, threats by a client often substantially undermine the credibility of a complaint.

A related issue that may arise from attempting to resolve a dispute with a client is a desire to limit liability for malpractice. Rule 4-1.8(h) prohibits a lawyer from making a prospective agreement with a client to limit malpractice liability unless the client is independently represented. A malpractice claim by a client may not be settled with a client without advising the client in writing to obtain independent counsel.

As a risk management consideration, it is advisable to only settle a malpractice claim with a client if they are represented by independent counsel. There are countless scenarios in which Rule 4-1.8(h) can be applicable, for which there is not space to address in this article. Each instance must be evaluated in light of the particular circumstances. However, a lawyer is well advised to consider the applicability of the rule and the possibility of allegations of overreaching in any release involving a lawyer and client.

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.

999 VANDERBILT BEACH ROAD SUITE 401 NAPLES, FL 34108

2. City in Lee County

4. City in Collier County

By Michael Elkady & Melina Gray

All Rise All Rise

for judge ironman

Three years ago, Alex Meyer and his family received a tough cancer diagnosis. As someone who loves to give back to others, Alex hosted a toy drive for sick children at the hospital where he received treatment. When Heroes Unmasked got wind of his efforts, the local nonprofit organization donated an entire U-Haul truck of toys.

Since then, Alex has held fundraisers, donated toys and referred many families to the nonprofit, which renders aid to children who are unwell. Volunteers wear costumes resembling childhood superheroes and visit local hospitals and residential homes throughout Florida.

As a thank you, Heroes Unmasked organized a courthouse tour to allow Alex to meet, greet and eat with local judges of the 20th Judicial Circuit. After a round of introductions, Alex decided he wanted to be Judge Ironman for the day.

The Hon. Alex B. Meyer immediately called order to the courtroom because the witnesses, including the Hon. Devin George and a bailiff, were acting rowdy. Next, he refused to accept an offer to resolve his dad’s case, ordering him to jail for the charge of “making Alex go to school.” However, the Public Defender’s office successfully got his mom off the hook. Judge Ironman dismissed her case.

As his last act, Judge Ironman addressed APD Rizzolo’s tardiness to court by finding him in contempt. But, the Public Defender’s office presented a secret mitigation gift to the judge, which persuaded him to reduce the sentence to three days in jail.

The entire Heroes Unmasked team and 20th Judicial Circuit volunteers had a great time, and hope that the special day brought Alex much joy and happiness.

thank you to our event sponsor!

1. Alex Meyer

2. Alex Meyer and Judge Maria Gonzalez

3. LCSO Deputy Baliff Massa, CSO Deputy Baliff Elkady, APD Melina Gray, APD Blake Rizzolo, Alex Meyer, SAO Tom Gihooly, Judge Devin George

1.

2.

3.

INTRODUCING THE SIXTH DISTRICT COURT OF APPEALS

In November 2021, as part of ongoing efforts to continually improve the judicial process, the Florida Supreme Court recommended the addition of a sixth district court of appeal. The recommendation was based on work conducted by the District Court of Appeal Workload and Jurisdiction Assessment Committee, formed by then-Chief Justice Charles Canady. The Committee noted the addition of a sixth district court of appeal would also enhance citizen trust and confidence in the judiciary.

Subsequently, the Legislature enacted bill HB 7027, based on the Committee’s recommendation, which was then signed into law by Governor DeSantis in June 2022, creating the first new appellate court since the 1979 creation of the Fifth District Court of Appeal.

The purpose of Florida’s District Courts of Appeal is to provide the opportunity for thoughtful review of decisions of lower tribunals by multi-judge panels. District Courts of Appeal correct harmful errors and ensure that decisions are consistent with our rights and liberties. This process contributes to the development, clarity, and consistency of the law.

The operation of the new DCA is effective January 1, 2023. The 6th District Court now comprises

Charlotte, Lee, Collier, Hendry, Glades, Highlands, Polk, Osceola and Orange Counties.

Has the 6th DCA already issued opinions? Yes! It has approximately 17 written opinions, and all of them can be found on 6dca.flcourts.gov.

So, what do you follow if there is no opinion in the Sixth DCA on a subject? What do you cite? The answer is in the Florida Supreme Courts opinion in Pardo v. State, 596 So. 2d 665 (Fla. 1992) and Brannon v. State, 850 So. 2d 452 (Fla. 2003).

In Pardo, the Supreme Court citing State v. Hayes, 333 So. 3d 51 (Fla. 4th DCA 1976), laid out the hierarchy of binding cases depending in which court you appear. The Florida Supreme Court in Brannon v. State, 850 So. 2d 452 (Fla. 2003), then explained “[i]f there is no controlling decision by this Court or the District Court having jurisdiction over the trial court on a point of law, a decision by another district court is binding.” Therefore, if there is no 6th District Court of Appeals case on point, you should look to the Second DCA or another jurisdiction.

With the mix of the counties in the new Sixth DCA it will be interesting to see what kind of opinions that start being written!

Agnieszka Osowicka serves as the Assistant Statewide Prosecutor for the Florida Office of the Attorney General. Previously, she served as the Assistant State Attorney for the 20th Judicial Circuit.

Casey Gartland, Esq.

THE FLORIDA BAR YOUNG LAWYERS DIVISION IS POISED TO TAKE THE CHECKERED FLAG IN 2023

A RECAP OF THE 2023 AFFILIATE OUTREACH CONFERENCE

Casey Gartland, Esq. is a civil litigation attorney with the Pendas Law Firm’s Fort Myers office where he represents clients who have been injured or killed as the result of negligence, greed or carelessness. He specializes in car and truck crashes, premises liability, insurance bad faith, property damage claims, product defect and Traumatic Brain Injury (TBI) cases.

On February 3-4, 2023, Young Lawyers Division (YLD) members from across the entire state of Florida met at the Hard Rock Hotel in Daytona Beach, Florida, to make grant presentations for various philanthropic endeavors, and also to learn from some of the state’s best and brightest on how to be successful as a Young Lawyer in the State of Florida.

“Driven to Success” was the theme of this year’s Affiliate Outreach Conference (AOC), as a homage to the host city and birthplace of NASCAR – Daytona Beach, Florida. This article will be a “quick lap” that runs through some of the highlights of the conference this year.

The conference started on Friday, February 3, with YLD Affiliate Grant Presentations. YLD groups from throughout Florida, including your very own Lee County YLD, submitted grant proposals in the weeks leading up to AOC. With the first lap of the conference, it was time for YLD Board members from across the state to get into the driver’s seat and make the pitch for funding the grants they submitted. There were so many presentations that three separate suites had to be reserved, and the sessions had to run concurrently for the sake of time.

As a first-term Lee YLD President, I was astonished and really proud to see how many YLD groups were driven to succeed in this endeavor. The future of the Florida Bar is a bright one! The Lee YLD gave a presentation to obtain funding for an end-of-the-year YLD Holiday Fiesta and Toy Drive with our local philanthropic partners, Heroes Unmasked.

Heroes Unmasked is a local nonprofit that delivers hope and love to children afflicted with horrible injuries and diseases right here in Southwest Florida. They send real life superheroes, such as Iron Man, Batman and Wonder Woman, to local organizations, hospitals and homes to encourage sick and injured children. If you are unfamiliar with the work of Heroes Unmasked, please visit www.heroesunmasked.org to learn more. They are wonderful people doing wonderful things for the children of our community. I hope to be able to update you all with good news about this event in the coming months, but now back to AOC.

Saturday, February 4, the conference schedule was full of unique and informative presentations. In fact, current president of The Florida Bar, Gary Lesser, attended the event and made some quick opening remarks. The morning session got underway with a passionate and empowering story by Volusia County Judge Rachel Myers about overcoming adversity in her career, after she was diagnosed with Stargardt disease and lost most of her vision. She shared her journey to the bench with all in attendance, and really drove home the importance of never giving up on your dreams.

Next was an empowering presentation by Civil Rights Attorney Sue-Ann Robinson. Ms. Robinson shared some hard stories about the work she has done during her career, and also some victories she has had along her journey to becoming one of the most recognizable names in Civil Rights law. During her presentation, she challenged those in attendance to learn what drives them and why.

These two important questions certainly made me reflect on my own story, as to what drives me and why. It was a wonderful and motivating exercise to help recharge the batteries of those in attendance. As lawyers in our respective communities, we have an obligation to push ourselves to be the best version of ourselves that we can. Ms. Robinson’s presentation helped those in attendance start that journey of self-refinement.

Closing out the morning session was a roundtable with the vice president of business and legal affairs for NASCAR in Daytona Beach, attorney Ben Odom, and corporate counsel for the LPGA, attorney Kelsey Copeland. Mr. Odom and Ms. Copeland both shared their unique stories of how they got to where they are now. Both gave great advice on learning to roll with the punches, managing stress and learning to control the constant chaos that can be life as an attorney for a large corporate entity.

Mr. Odom drove home the importance of working as a team, doing what needs to be done when it is needed, and also knowing what pieces fit where, when you are building a team. Ms. Copeland expanded upon those lessons and also provided some very valuable

insight on knowing what your role is, where your strengths are, and also not shying away from your perceived weaknesses. They left those in attendance feeling motivated and ready for the things that the legal profession throws at young lawyers.

The speakers at AOC were wonderful, and all of them made sure to give their own unique story. They showed and highlighted that there is no formulaic checklist to career fulfillment, and that each person’s path is their own to make. The session left those in attendance feeling recharged and empowered.

As a young lawyer, you are bombarded with so much. The speakers at AOC recognize this and try to show attendees how this bombardment isn’t necessarily a bad thing, but something to learn from – a way to sharpen one’s skills and rise to the occasion. With the skills, knowledge and stories shared at AOC, the YLD is poised to take the checkered flag in 2023!

If you are a YLD member in Lee County and you want to know more about the YLD or AOC, please reach out to me by email at: cgartland@pendaslaw.com.

MENTORSHIP THE VALUE OF

IN A NEW(ER) LAWYER’S CAREER

By Gary S. Lesser, President, The Florida Bar

The legal profession has changed so significantly in many ways over the last few decades, but some concepts are as enduring and important as ever. Among these key concepts is the invaluable and incalculable role a good mentor can play for a lawyer at the beginning of his or her career.

There are those of us practicing law for many years who can remember having a helpful mentor at the beginning of our career. Many years ago, most law students obtained employment after law school, and many of these mentorships occurred organically where they worked, at a private law firm, government agency or elsewhere.

The legal market has changed considerably over the last couple of decades. Many law school graduates are not getting hired at law firms or elsewhere, and ultimately find themselves “throwing up their own shingle,” or sharing space with a former classmate who may have graduated a year or two before.

The primary consequence of this dynamic has been that many newer lawyers are quite literally “on their own,” not getting as involved in their legal profession or general community,

and certainly not getting advice or guidance at the early stages of their professional career. Ironically, these new lawyers could most benefit from guidance on how to navigate the numerous legal, ethical and business-related challenges that occur every day, especially when running your own law firm. But for the most part, those mentorship opportunities have not been available or accessible, and this crucial mentorship is not happening for many newer lawyers.

The good news is that The Florida Bar has created a Special Committee on Mentoring to tackle the situation, focusing on attorneys with three years or less experience, working in firms of three or fewer lawyers. Other state bars have mentoring programs, but the goal is for Florida to have one of the best programs in the nation, with a focus on professionalism and ethics, the path of a lawyer’s career, and getting involved in the legal and general community.

The Special Committee is co-chaired by former Florida Bar Young Lawyers Division Presidents Zack Zuroweste and Katherine Hurst Miller, who have been lawyer leaders for many years. We appointed members of the Special Committee from across Florida, including members of the

Gary S. Lesser is the President of The Florida Bar and Managing Partner of Lesser, Lesser, Landy & Smith, PLLC. One of Florida’s foremost personal injury attorneys, Gary has served The Florida Bar for 24 years, including more than a decade on the Board of Governors, chairing the Legislation and Professional Ethics committees, and serving on the Strategic Planning, Disciplinary Review, Communications and Board Review on Professional Ethics committees.

Young Lawyers Division, and established Florida Bar and voluntary bar leadership who have a strong background and experience in mentorship issues. They will be working on a mentorship program that will emphasize law and career advice, with regular mutual communication and achievable goals for those who participate in the mentoring program to be rolled out next year.

How YOU Can Participate

We have the opportunity to design one of the best, most impactful legal mentoring programs in the country, and that’s what we are going to do. Make no mistake, this is going to be a huge lift, but worth the effort and very much needed.

We owe it to these newer lawyers to be able to be their best selves, to be the best lawyers at this stage of their career. This investment will increase professionalism and will help these lawyers and the public we serve for years to come.

Actor and director Denzel Washington correctly noted that nobody gets here alone, in terms of

accomplishments in this world. “Show me a successful individual and I’ll show you someone who had real positive influences in his or her life,” observed Washington. “I don’t care what you do for a living — if you do it well, I’m sure there was someone cheering you on or showing the way. A mentor.”

My request is twofold. First, if you are a newer lawyer that falls into this category, look for further news and sign up for the program. Second, if you are a “more experienced attorney,” please sign up to be a mentor as we roll out this program in the future. You can really have a positive impact on the career of a newer lawyer. And if you know someone who is a new lawyer, on their own or at a smaller firm, encourage them to participate.

The program will be beneficial for mentors and mentees alike. Look for regular updates in the months ahead. We are going to design a program that’s going to be helpful for newer lawyers, and it will pay dividends for these lawyers and the legal profession for years to come.

“

THE GOAL IS FOR FLORIDA TO HAVE ONE OF THE BEST PROGRAMS IN THE NATION.

Florida Bar President Gary Lesser takes the oath of office as his wife and their three daughters look on. Lesser said he would not be where he is today without the help of great mentors.

LIFE. LESSONS.

Growing up, if my sister or I ever made the claim, “Life’s not fair,” it would prompt the same response from my father: “Life is neither fair, nor equitable.”

He was giving us kids a dose of reality, and he was right. Parts of Florida’s real property tax laws often remind me of this lesson.

For example, annual reassessments that increase the value of property receiving the homestead exemption may not exceed a 3 percent cap; per section 193.155(1)(a), Florida Statutes. Similarly, annual value increases to “nonhomestead residential property” may not exceed a 10 percent cap; per section 193.1554(3), Florida Statutes. Value increases to nonresidential real property and residential real property, not assessed by the sections above, are also subject to a 10 percent cap; per section 193.1555(3), Florida Statutes.

These caps keep property values and the resulting tax liabilities lower for long-term property owners, which can help owners with limited resources from being forced to sell or become delinquent in taxes during periods of rapid market value increases.

Subject to certain exceptions for homestead and nonhomestead property, when a change in ownership or control occurs, these favorable

capped values disappear and the property is reassessed the following year to reflect current market values.

New property owners are often shocked upon discovering that their property tax liability is significantly higher than it was in the previous year, and it may seem inequitable compared to the neighboring property’s taxable value.

What becomes clear is that a new owner’s higher tax liability is a feature of property tax laws, not a bug.

Tax and real estate professionals regularly advise clients about federal and state income tax implications of real property transfers, such as deferment of capital gains taxes through a 1031 exchange, or the advantages of transferring a property to a new business entity for other purposes.

Best practices likely also include evaluation of local property tax consequences along with any other federal or state income tax issues when evaluating the benefits of a property ownership transfer. Regarding nonhomestead residential property, section 193.1554(5) defines a change of ownership or control as “any sale, foreclosure, transfer of legal title or beneficial title in equity to any person, or the cumulative transfer of control or of more

Cody Vaughan-Birch is General Counsel for the Lee County Property Appraiser’s Office. He has been practicing land use and local government law in Southwest Florida since 2003.

than 50 percent of the ownership of the legal entity that owned the property when it was most recently assessed at just value…”

“There is no change of ownership if:

(a) The transfer of title is to correct an error.

(b) The transfer is between legal and equitable title.

(c) The transfer is between husband and wife, including a transfer to a surviving spouse or a transfer due to a dissolution of marriage.

(d) For a publicly traded company, the cumulative transfer of more than 50 percent of the ownership of the entity that owns the property occurs through the buying and selling of shares of the company on a public exchange. This exception does not apply to a transfer made through a merger with or an acquisition by another company, including an acquisition by acquiring outstanding shares of the company.”

Because these are the only exceptions, certain routine business practices that have favorable income tax or liability consequences may have very unfavorable property tax implications. For example, transferring property from one single-member limited liability company to another with the same single member may have

certain business advantages.

One might think that because the underlying member-owner has not changed, there has been no transfer. However, because the limited liability company is a legal entity distinct from its member, a change of ownership triggering reassessment has occurred.

Proposed legislation, Senate Bill 474, seeks to amend section 193.1554(5) by adding a fourth exception: (d) the transfer is between an individual or individuals and an entity, or between legal entities, which results solely in a change in the method of holding title to the real property and there is no cumulative transfer of control of more than 50 percent of the ownership.”

If adopted during the current legislative session, SB 474 would carve out many seemingly routine property transfers using popular types of business entities, from triggering a reassessment to a significantly higher, uncapped value. Please note that, at the time this article is being written, Senate Bill 474 is in committee review. Updated bill information may be found at www.flsenate.gov.

The impact of a local property tax reassessment to market value may, or may not, be the deciding factor when changing property ownership or transferring title – but it is certainly one to be considered.

By Lauren Baugh

KEG & COW WILL STEER YOU RIGHT

Cape Coral has such a wide variety of restaurants, mostly locally owned. I often go over the bridge just to explore.

A few weeks ago, I discovered a small place in a random plaza, outside of a large gated community on Veterans Parkway. I have been there twice now and each time they are pretty packed, which often deters me, but I keep seeing their burgers of the month on Facebook. They called to me, and thus, I looked past the crowd and ventured in. Both times, I was beyond glad I did!

As you walk in, you are greeted by friendly faces of locals who clearly love this place. Check in with the hostess, and then either go sit at the bar or hang out and wait for your table. On this evening, I chose to go hang at the bar, tap side.

It is noteworthy that they have over 40 (!!!)

beers and seltzers on tap. See one you like? You can try it for free! I choose to order the “7venth Sun Pink Tax Pain Killer,” which is a hard seltzer from Dunedin, Florida. It reminded me of a combo between strawberry and pink grapefruit! It was delicious.

With my meal, I chose a heartier option: The “Ravenous Pig Bananas Foster Cream Ale” from Winter Park. Boy, was it creamy, with a slight hint of banana-and-cream flavor. It was velvety, very delicious, and went well with all the food that we ordered!

I am a huge fan of soft pretzels, beer and cheese. So when thinking appetizers, a great option is always pretzels and beer cheese. Obviously, I needed a vegetable, so we also opted for onion rings. They are served on these really cool silver trays and piping hot, which did not stop us from digging in!

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

The soft, hot, salty pretzel dipped in the piping hot beer cheese is truly a heavenly combo, and pairs really well with beer, onion rings, and beer-battered sweet onions served with house-made ranch. An “if you know, you know” option, these also are beyond perfection.

With the drinks and apps, both amazing, how could this be elevated? By adding beef! Yep, that is right, it was time for the “Cow” in Keg & Cow. Each month, they offer a burger of the month, and this month they featured “The Other Spicy Nana.” Since I have always been a Nana’s girl, I thought this was worth a try. Man o’ man, it was amazing!

Let me paint the picture. There’s a fresh brioche bun, lightly toasted, with a perfectly cooked sterling silver beef patty. It’s topped with fried banana peppers and a delicious, hot, creamy diablo sauce, which is a Cajun nacho cheese sauce. The peppers had a slight

crunch as did the toasted bun. The burger itself, all together, is like a train ride to flavor town! 10/10 would recommend.

But with two people, we have the option to share another burger, so we do just this. For you, the reader’s sake (I am laughing to myself while writing this), we also opt for what our amazing bartender says is his favorite: the “Sumpin’ Cheesy Burger.” And when they say cheesy, they are not joking around! This burger is so unique, not only does it come with 3 (THREE!) cheeses –cheddar, Swiss and mozzarella – but it is also toasted, patty melt style. Do I have your attention yet? It also comes with bacon on it! It tasted other-worldly, cheesy and crispy.

Each entrée at Keg & Cow is served with fries or coleslaw. The fries can be seasoned to your liking. Between the people, the staff, the location and the nosh, this place is worth the trek to Cape Coral, for sure!

HOURS OF OPERATION

Tuesday, Wednesday, Thursday & Sunday 12 to 9 p.m.

Friday & Saturday 12 to 10 p.m.

Closed Mondays

2384 Surfside Blvd Suite A-101 Cape Coral, FL 33991

239.558.5001

Order online at kegandcow.com WANT

County Competition

Final Results

February 3-4, 2023

Best Attorney (Prosecution)

Natasha Agarwal, The Canterbury School

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

Best Attorney (Defense)

Cosette Lipscomb, Cape Coral High School

Sponsored by CopyLady, Inc.

Best Witness (Prosecution)

Caroline Lucas, The Canterbury School

Sponsored by US Legal Support

Best Witness (Defense)

Katherine Starnes, Fort Myers High School

Sponsored by Patrone, Kemp, Bentley & Mace, P.A.

Best Opening

Alexa Ghith, The Canterbury School

Sponsored by Law Office of Marcy L. Shaw

Best Closing

Anthony Busatta, Cape Coral High School

Sponsored by Lee County Bar Association Foundation, in honor of Miguel C. Fernandez, III Team Professionalism

Cape Coral High School

Sponsored by The Law Office of Karla Campos-Andersen

MOCK TRIAL RESULTS ARE IN

In February, high school students from across Lee County gathered at the courthouse in downtown Fort Myers for the annual Mock Trial County and Circuit Competitions, hosted by the Lee County Bar Association in partnership with the School District of Lee County.

Started in 1991, this time-honored tradition provides a way for students to investigate a potential career as an attorney by getting hands-on in the courtroom and putting their legal knowledge into action. This year, students tackled a criminal case involving a second-degree murder, using details and rules

prepared by the Justice Teaching Center at Florida Southern College.

Six teams participated in this year’s event. Following the county competition, Fort Myers High School emerged victorious and advanced to the circuit competition, which was hosted in Lee County this year. At the circuit level, which included teams from Charlotte, Collier and Lee Counties, a team from Charlotte County proceeded to the State Mock Trial Championship.

Congratulations to all who studied hard and brought their best for the 2023 Mock Trial Competition!

Left: Michael Roy, Charlotte High School, Kathy Dupuy-Bruno, Esq.

Right: Anthony Busatta, Cape Coral High School, Andrew Banyai, Esq.

Circuit Competition

Final Results

February 10, 2023

Best Attorney (Prosecution)

Emma Buck, Charlotte High School

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

Best Attorney (Defense)

Joanne Augustin, Lely High School

Sponsored by The Law Office of Tracey L. Redd, P.A.

Best Witness (Prosecution)

Jaya Parsa, Fort Myers High School

Sponsored by Charlotte County Bar Association

Best Witness (Defense)

Tegan Bergeson, Charlotte High School

Sponsored by Charlotte County Bar Association

Best Opening

Michael Roy, Charlotte High School

Sponsored by Collier County Bar Association

Best Closing

Ravelska Lafalaise, Fort Myers High School

Sponsored by Collier County Bar Association

Team Professionalism Lely High School

Sponsored by The Law Office of Karla Campos-Andersen

3

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1: Mock Trial Competitors

2: Fort Myers High School Mock Trial Team

Emma Buck, Charlotte High School, Kathy Dupuy-Bruno, Esq.

Alexa Ghith, The Canterbury School, Andrew Banyai, Esq.

Tori Busch

Mock Trial Competitors

Fort Myers High School Mock Trial Team

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Helping SWFL children EXPERIENCE a ‘normal’ childhood

Every child should have an opportunity to feel “normal.” For children and teens in foster care, life is anything but normal. They may have experienced abuse, neglect or abandonment, watched their parents get arrested and hauled off to jail, or seen their parents do drugs or get drunk.

Once they’re in the foster care system, they’re living in unfamiliar homes with unfamiliar people, possibly attending a new school with new teachers and classmates.

The Guardian ad Litem Foundation, 20th Judicial Circuit, is trying to rewrite the narrative for youth in Southwest Florida by providing court-appointed volunteer child advocates with resources to support these children.

“Imagine that it’s your birthday, but there is no celebration, cake or presents,” said Jessica Stanfield, executive director

of the Guardian ad Litem Foundation. “Imagine struggling in school, but not having access to academic support. As a community, we cannot let these children miss out because of circumstances out of their control.”

The Children’s Needs Program provides those extras to create memories, opportunities and experiences that include birthday parties, tutoring, summer camp programs, movie tickets and sports registration fees. Generous donors also support Beds for Kids, a program that provides bed frames, mattresses, pillows, linens and stuffed animals so children can have a safe, comfortable home.

To learn more about these Guardian ad Litem Foundation programs, please visit VoicesForKids.org or call 239.533.1435 for more information.

THANK YOU TO OUR LCBA SPONSORS!

PLATINUM

CopyLady

U.S. Legal Support

GOLD

Boyle, Leonard & Anderson

Edison National Bank

Goldstein, Buckley, Cechman, Rice & Purtz Kanner & Pintaluga

Nils Richter Companies

SILVER

Accurate Serve Fort Myers/Naples

Cogent Bank

Fort Myers Court Reporting

Henderson, Franklin, Starnes & Holt, P.A. Sanibel-Captiva Community Bank

BRONZE

Boy Agnew Potanovic Miller

Casey Gartland, Esq with Pendas Law

Dal Lago Law

Dickman Law Firm

Element Technologies

First Horizon

Hampton Law

Jaffee Sports Medicine

John Webb Legal Group, P.L.

Law Office Dennis L. Webb

Law Offices of Michael M. Raheb

Law Office of Spencer Cordell

Lusk, Drasites & Tolisano

Nadine Jordan, Realtor

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

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

Che Diaz Law, LLC.

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

Dal Lago Law

Freidin & Inglis, P.A.

Garvin Law Firm

Goldberg, Noone, Abraham

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

GrayRobinson, P.A.

Green, Schoenfeld & Kyle, LLP

Hahn, Loeser & Parks, LLP

John Webb Legal Group, P.L.

Kagan Law Firm

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

Yeslow, Koeppel & Anderson

ZinnLaw, PLLC.

5 THINGS

YOU

ABOUT

I was raised as a Miami Dolphins fan. All it took was one oversized, handme-down, Starter-brand Dolphins jacket when I was about five to get me hooked for life. The best fan club around, SWFL Dolfan Club, holds local watch parties for away games at Seaside Bar and Grill in Bonita Springs. Next year is our year!

I started free-dive spearfishing in middle school, and I’ve been hooked ever since. I love just diving in at some good coordinates and exploring. I love the active participation involved in spearfishing and feel less guilty about fried chicken after swimming around all day.

I have a cheesy, touristy Key West paperweight on my desk. At my first job after passing the Bar Exam, our office started referring to my group’s small, tight-knit section as “Key West” because we had such a good time together. The paperweight is a gift from a former colleague on our team.

If I could share a meal with someone famous, I’d choose Dan Marino. He was the first athlete that I basically worshipped as a little kid and is a living legend amongst all NFL fans, but especially Dolphins fans. And I need to see if he wouldn’t mind letting me run a few post-meal routes in the parking lot!

I grew up outside of Gainesville, near Cedar Key. Then I lived in Gainesville proper, followed by St. Petersburg for law school, before heading up to Tallahassee and the Big Bend area of the Panhandle. I moved to Southwest Florida for work because I love the warm weather, and being close enough to the Gulf Coast that I can jump on a boat or in the water whenever I want.

IN THE NEWS

FONDLY REMEMBERED

Naples criminal defense attorney Jerry Berry passed away on January 31 at the age of 68. Board-certified in criminal law in 1987, this AV-Rated ® lawyer represented more than a thousand individuals throughout his 40-year career. Passionate about mental health, substance abuse and veterans, Jerry is remembered by many as an inspiration.

LARGE BUSINESS OF THE YEAR

FAMILIAR FACE IN A NEW SPACE

Retired Judge Hugh D. Hayes of Collier County has joined Gunster, one of Florida’s oldest and largest full-service business law firms, as an of counsel attorney in its newly-established Naples office. The former judge will focus his work in the firm’s Alternative Dispute Resolution practice, serving as a mediator, arbitrator and special master to select clients.

Henderson, Franklin, Starnes & Holt, P.A. is proud to announce that it was honored with the Large Business of the Year Award at the 2022 Industry Appreciation Awards by the Horizon Foundation, Horizon Council and Lee County Economic Development Office. This award recognizes the hard work and dedication of Henderson Franklin’s team of legal professionals.

SEEKING JUSTICE WITH ACIS

A new search procedure is now effective for online dockets and documents on the Florida Supreme Court and First DCA websites. These are now found through the newly established Appellate Case Information System (ACIS) and linked from each court’s website. According to the Office of the State Courts Administrator, this change offers improved security and flexibility while facilitating the timely resolution of cases.

EAGER TO GIVE BACK Business and Tax Law attorney

RECERTIFIED BY THE FLORIDA BAR

Henderson, Franklin, Starnes & Holt, P.A. is proud to share that stockholder Beth Vogelsang has been recertified by the Florida Bar as a board-certified specialist in Divorce, Marital and Family Law for the last 30 years. The Supreme Court of Florida affirms that such certification denotes remarkable expertise, moral integrity and the ability to observe the highest standards of professionalism and conduct.

Matthew Brust has joined the Board of Directors for the Lee County Bar Association Foundation (LCBAF). He is honored to join the board in helping local charities that serve those in need, supporting charitable causes for the benefit of youth and the disadvantaged, and increasing education and community awareness of the law. Charitable entities that LCBAF supports include Guardian ad Litem, Feed Thy Neighbor, United Way, PACE Center for Girls, #KindLee, and Legal Aid Societies.

RECENTLY RECERTIFIED

Attorneys Jeanne Seewald, Juan Bendeck and John Cunniff of Hahn Loeser & Parks LLP were recently re-certified as Board Certified Specialists by The Florida Bar. Only seven percent of eligible Florida Bar members are Board Certified Specialists. Bendeck’s area of practice is Wills, Trusts and Estates, while Seewald and Cunniff practice in the area of Intellectual Property Law, from the firm’s Naples and Fort Myers offices.

LET'S TALK TORT

Parvey & Cavenago Attorneys, P.A. recently welcomed Heath Gelman Esq. to its personal injury practice. Heath brings 24 years of tort experience with his addition to the firm, which offers services that include a wide range of liability cases.

APPOINTED TO SERVE

The Hon. Amira Fox, state attorney for the 20th Circuit, was recently appointed to the State Medical Examiners Commission along with six others by Gov. Ron DeSantis. She is a current member of the Florida Prosecuting Attorneys Association and the Southwest Florida Police Chiefs Association. Previously, she served as Chief Assistant and Deputy Chief Assistant with the Twentieth Circuit State Attorney’s Office.

SHARE YOUR NEWS!

ADVOCATING FOR GROWTH

Lee Rendeiro, an intellectual property attorney with Henderson, Franklin, Starnes & Holt, P.A., has been elected to the Board of Directors of IMAG History & Science Center. The IMAG provides interactive exhibits, virtual experiences and programming dedicated to advancing STEM education and promoting appreciation for the arts, culture and local history. Rendeiro will contribute his knowledge and experience, both as an attorney and as an engineer, to the growth of the museum.

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

MEET THE DOWNTOWNER

Nils Richter defines himself as a “Downtowner.” Since his move from Munich, Germany, to Fort Myers in 1999, he has been instrumental in the redevelopment of downtown Fort Myers.

“My goal was always to make downtown Fort Myers a better place in a broad sense,” said Richter. “I have probably written more leases, brokered more property, renovated more buildings and opened more businesses here than anyone in the last two decades. The goal was always that downtown Fort Myers becomes this thriving hub of activity, envisioned by the City of Fort Myers as early as the 1990s.”

Looking down First Street, it is clear that this vision has come into focus in the last decade. Richter is a certified general contractor, working only on his own select development projects, such as Lofton Island, which he acquired in 2020 together with two business partners. Turning it into a daytime resort destination is his goal for 2025.

Beyond the development side, Richter, together with the Kearns Group, built, owns and oversees six well-known downtown eateries. He started the venture with Cabos in 2012, adding Social House as the last of the six venues in 2018. But his main work focus in the last decade has been real estate.

Wearing many hats as a business owner, developer, contractor and real estate broker gives Richter a deep insight into the downtown market, providing value to his clients. “I take pride in being the go-to guy for tenants and investors alike, if it comes to leasing or trading a property in downtown Fort Myers,”he said. “I have lost count of how many law firms I leased space to as a broker. Law firms are obviously a key driving factor in the real estate market and have been for the last decade.”

Also, Richter now represents Jaxi Builders' new ONE luxury condominium project on First Street. “We are starting presales for the first luxury condo building in downtown since 2006. With only 34 units in the whole building, this is a unique opportunity for people to live in downtown Fort Myers.”

That is what it is all about for him: Making downtown Fort Myers a more interesting and vibrant place, where people want to live, work and enjoy their leisure time. He will continue to do so with his own ventures, and also by helping others to buy, sell or lease their homes or places of business in the historic Fort Myers River District.

239.851.3141

nils@buy239.com

www.NilsRichter.com

Over 50 Years of Combined Experience

Protecting Residents of Southwest Florida

Our personal injury team is local and has deep roots in Southwest Florida. You can trust that we will always be respectful of your friends, family and clients in their time of need, while creating the necessary steps that will allow them to move forward and grow.

Evan D. Lubell Senior Partner Personal Injury & Wrongful Death

Ty G. Roland Senior Partner Personal Injury & Wrongful

“Banking Isn’t Just About Numbers, It’s About People.”

Like Thomas Edison, we believe there is always “a better way.” We embrace a solutions-oriented approach to serving your needs. One that analyzes the big picture, not just the numbers. It’s an approach to serve people better.

Experience the benefits of joining Edison National Bank/ Bank of the Islands.

Edison National Bank/Bank of the Islands customers enjoy:

• free online and mobile banking

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

• free bill pay services for personal account holders

• courier and cash management services for business clients

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

Robbie Roepstorff, President and Geoff Roepstorff, CEO