Res Gestae - December 2015

THE OFFICIAL AWARD WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION DECEMBER 2015

Getting Real with Chief Judge McHugh

a highly functioning judiciary requires your participation

Happy Holidays

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Contents AD DIRECTORY

28 On the cover: Held at the Burroughs and Langford Kingston Homes from Dec. 11-23, the theme of Holiday House 2015 is “Christmas in Tropical Paradise.” That fits well with the LCBA’s Hawaiian-themed Holiday Party, which includes a sneak peak at the glorious holiday decorations (see page 10 for details)!

Above photo: the new Gail McBride Pavilion on the grounds of the Burroughs Home.

features 18 Getting Real with Chief

Judge McHugh

by Sara Fitzpatrick Comito

departments 6 Letter from the President

by Anne Dalton, Esq.

8 Letter from the Editor

10 Calendar of Events 12 Ethically Speaking

by Henry Lee Paul, Esq.

14 Land Use Practice Section

24

by Beverly Grady, Esq.

by Russell Schropp, Esq.

26 100 Club 28 The Dish

11:Eleven Cafe

30 From the Bar

16 Art Happenings

20 Legal Lens

30 LCBA Poetry Contest Winner

Social scene photos

22 Advertiser Spotlight

Get Smart Bail Bonds

23 New Members 24 Community Connection

Turtle Time

Kati Calvo, Esq. Jeff Garvin, Esq.

32 On the Bench

Magistrate Kimberly Davis Bocelli

32 In Memoriam

James Franklin, Jr.

33 In the News

News and happenings

Allied Business Solutions Ave Maria School of Law Birch Proporties Boyle, Gentile & Leonard, P.A. Boyle, Gentile & Leonard, P.A. Buchanan Ingersoll & Rooney Buschbom Mediation Business Observer Calvo & Calvo Attorneys at Law Denise Kennedy Dial A Nurse Inc. Donna Tisch Dr. Laura Streyffeler Edison National Bank Florida Home Realty/Property Mgmt.

Fort Myers Court Reporting Garvin Law Firm Get Smart Bail Bonds Henderson, Franklin, Starnes & Holt, P.A. Hotel Indigo Jason L. Gunter, P.A. Joe Viacava Law Kushner & Kushner Attorneys Law Firm of Scott T. Moorey Lee County Legal Aid Society Leonard P. Reina Leslea Ellis, LLC Levins & Associates, LLC Livingston Loeffler, P.A. Massie & Reilly CPAs, PLLC McHale, P.A. Merit Court Reporting, Inc. Musca Law Office, Inc. Patterson Eskin & Ball Prime de Leon Simon M. Harrison Spivey Law Firm, P.A. T 3 Communications Veranda Restaurant Von Ahn & Associates Webb & Scarmozino

31 IFC 22 34 9 21 17 25 13 21 17 25 13 BC 15 7 7 9 23 29 9 IBC 16 25 31 27 17 7 23 11 21 27 3 16 29 15 5 13 27 26 15

Our advertisers support the LCBA. Please do your best to support them in return.

It is the policy of the Lee County Bar Association to hold meetings only in those facilities that do not discriminate on the basis of race, gender, sexual orientation, national origin, physical or mental disability or religion. The Association will engage in a good-faith interactive process with any employee, prospective employee, member or invitee to determine if a reasonable accommodation is needed and will make reasonable efforts to provide such accommodations. Any requests for accommodation should be directed to the Executive Director of the Lee County Bar Association, Sharon Brotherton at info@leebar.org or admin@leebar.org or (239) 334-0047.

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RES GESTAE | December 2015

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Automobile Accidents Motorcycle Accidents Truck Accidents Victims of Drunk Drivers Slip & Fall Accidents

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Note from the President “Feeling gratitude and not expressing it is like wrapping a present and not giving it.”

~ William Arthur Ward

LEE COUNTY BAR ASSOCIATION

December 31 marks the end of my tenure as Bar President and transition into the role of President Emeritus. I’d like to thank the 2015 Executive Council for their outstanding efforts over this past year.

Executive Director ~ Sharon Brotherton

John Agnew, outgoing President Emeritus, has lent a steady hand through all six years on the Executive Council. Thanks to John for his great leadership and help every step of the way.

Incoming President Scott Atwood has enriched our leadership experience through his knowledge of the intricacies of The Florida Bar, acquired through his prior service on the Board of Governors and current service on the Voluntary Bar Association Liaison Committee for Labor and Employment Law. When I was looking for a theme for 2015, Secretary Kelly Fayer generously shared her idea of having ethics CLEs before each General Membership Meeting. She provided the spark which led to 2015 being declared the Lee Bar’s Year of Professionalism and Ethics.

Kelly is always ready with a warm smile or a witty comment to keep our meetings “real.”

Treasurer Dan Endrizal was thoroughly committed to keeping us all informed as to finances through his clear and timely analysis of the Lee Bar’s income and expenses.

Member at Large Beverly Grady was a delight to have on the Executive Board. With the Bar’s recognition that the Res Gestae needed the deft touch of an executive editor from the Bar to raise its substantive content to a new level, she accepted the yeoman’s task of organizing and editing all 12 editions. The Bar has received many compliments for the superior quality and sophistication of the articles in the 2015 Res Gestae, a direct result of her many hours of laboring. Her shoes will be very difficult to fill, indeed.

ADMINISTRATIVE TEAM Administrative Coordinator ~ Lisa Poulin

EXECUTIVE COUNCIL President - Anne Dalton, Esq. Vice-President - Scott Atwood, Esq. Secretary - Kelly Fayer, Esq. Treasurer - Daniel Endrizal, Esq. Member-at-Large - Beverly Grady, Esq. Member-at-Large - Aaron Haak, Esq. President Emeritus - John D. Agnew, Esq. YLD President - Thomas Coleman, Esq.

COMMITTEES

HISTORY E. Bruce Strayhorn, Esq. & Jenna Persons, Esq. LAW RELATED EDUCATION T. Rankin Terry, Esq. LAW WEEK Hon. John S. Carlin MEMBERSHIP Theresa Daniels, Esq. MOCK TRIAL Karla Campos-Andersen, Esq. PRO BONO Aaron Cilek, Esq. & Anais Bimonte, Esq. SOCIAL EVENTS John Webb, Esq.

Our other Member at Large, Aaron Haak, brought his unique blend of common sense, good humor, low-key practicality and decisiveness to bear on 12 months’ worth of executive determinations and undoubtedly will continue to do so in 2016. Aaron has graciously coordinated Bar events with grace, patience and tact.

ALTERNATIVE DISPUTE RESOLUTION Anne Dalton, Esq. & Bill Merchant, Esq.

Kimberly Davis Bocelli was our highly capable YLD Chair, leading her team of Young Lawyers into event after event this year, gaining national recognition for the Paddleboarding Event and enthusiastically helping the “Big Bar” with our signature events. In addition to being the proud Mom of Gavin and receiving the honor of becoming our newest Civil Court Magistrate, Kimberly lent her wisdom and insights to the Council. We are all in awe at her organizational and time-management skills.

CRIMINAL LAW Marisa Boysen, Esq. & Stephanie Russell, Esq.

PRACTICE SECTION CHAIRS APPELLATE LAW Margaret White-Small, Esq. & Stacy Sherman, Esq

Executive Director Sharon Brotherton did a fine job in assisting us to achieve great accomplishments.

FAMILY LAW Dustin Butler, Esq. & Ryan O’Halloran, Esq.

I would like to give a shout-out to Sara Fitzpatrick Comito, Res Gestae writer extraordinaire. Getting to know Sara was one of the real delights of my tenure as president. She is not only a truly excellent writer but also an extraordinary human being. Well done, Sara! I am sure that many awards lie in your future.

GENERAL CIVIL & BUSINESS LITIGATION George Knott, Esq.. & Carlos Kelly, Esq.

Finally, a big THANK YOU to all our Practice Section Chairs and Co-Chairs, Judicial Liaisons, Committee Chairs and Co-Chairs, and most of all, ALL Members of the Lee Bar who make this job so easy and fulfilling!

REAL PROPERTY, PROBATE & TRUST LAW Kenneth Kemp, Esq. & Matthew Linde, Esq.

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RES GESTAE | December 2015

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Letter from the Editor In the end, it’s not the years in your life that count. It’s the life in your years. ~ Abraham Lincoln Change is the law of life. And those who look only to the past or present are certain to miss the future. ~ John F. Kennedy The 2015 Lee County Bar Association’s theme is the Year of Professionalism and Ethics. This issue of Res Gestae honors that theme with an insightful interview with the new Chief Judge, Michael McHugh. He generously took time out of his busy schedule to provide a behindthe-scene glimpse of the demands of his position, while explaining how each of us can “get real,” and contribute to the success of our circuit.

Thank you to the LCBA Practice Sections for providing continuing education articles in each Res Gestae edition. This month the Land Use and Governmental Law Practice Section through Russell Schropp provides an interesting analysis of Fourth Amendment search and seizure cases when law enforcement demands hotels turn over names of guests.

Henry Paul’s meaningful article fills us in on the federal court’s injunction of the Florida Bar Rule on an issue “near and dear” to all of us - advertising.

Under the leadership of President Anne Dalton, the LCBA events, the continuing legal education seminars by the Practice Groups and articles in Res Gestae strove to advance legal education for it members and promotion of our legal system to the community. The LCBA events have been successful, well-attended and enjoyable. To further the LCBA mission, the articles over 2015 covered the mental health court, bench bar relations CLE, creation of a new Practice Section for solo and small practices, LCBA’s investment in kids, the historic Lee County Courthouse celebrating 100 years and the actions and activities of the Young Lawyers Division. As we continue to grow, Res Gestae continues to share some close-up bio information on our individual members and our judges.

James Franklin, Jr., a well-known and established attorney passed away last month after practicing law for over 40 years. Although he retired in the early 1990s, he continued to mentor young attorneys at his firm. He led a life that embodied Lincoln’s quote about “life in your years” with his graciousness, professionalism and ethics.

As my term as Editor-In-Chief comes to an end, I offer accolades to CONRIC for making Res Gestae an award-winning magazine and for being a joy to work with!

So we look forward to a new year, a new LCBA president, new Executive Council members and a new focus for 2016. They always say time changes things, but you actually have to change them yourself. ~ Andy Warhol There is a place for you to connect with LCBA and be part of its future and be the change.

Beverly Grady, Esq. bgrady@ralaw.com | (239) 338-4207 8

RES GESTAE | December 2015

THE OFFICIAL AWARD WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

239.334.0047 resgestae@leebar.org

Staff Box PUBLISHER Connie Ramos-Williams 239.690.9840 EDITOR-IN-CHIEF Beverly Grady, Esq. ASSOCIATE EDITOR Sara Fitzpatrick Comito CREATIVE DIRECTOR April Bordeaux ADVERTISING DIRECTOR Linda Fiore 239.690.9840 CONTRIBUTING WRITERS Anne Dalton, Esq. Beverly Grady, Esq. Henry Lee Paul, Esq. Lydia Black Russell Schropp, Esq. Sara Fitzpatrick Comito BILLING INQUIRIES 239.334.0047

7370 College Parkway, Suite 206 Fort Myers, FL 33907 239.690.9840 | ConricPR.com | info@ConricPR.com Res Gestae is an award winning magazine published monthly by CONRIC Publishing in partnership with the Lee County Bar Association.

All editorial, advertising and photos may be submitted for consideration through email to: resgestae@leebar.org.

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

Copyright© 2015. Lee County Bar Association, Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission of the Lee County Bar Association. To inquire about such permission, please contact the Lee County Bar Association at info@leebar.org.

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Calendar of Events December 3

December 11

January 1

Noon, Courtroom 5H, Lee County Justice Center. Presentation by Bruce Blackwell, Executive Director, The Florida Bar Foundation. Please RSVP to admin@leebar.org.

Noon. “Modern Appellate Practice” presented by Christopher Donovan.

January 8

“Ethics and Professionalism | Things you Need to Know” CLE

December 3

Tort Litigation Practice Section CLE 5:30 – 8:30 p.m. Sasse’s 3651 Evans Ave., Suite 101, Fort Myers.

Two Speakers: Larry Pivacek “Setting Mediation – Timing is Everything” and Jim Vasquez “Technology to Build Efficiency and Competitive Edge.” PJ Scheiner, Chair.

December 4

Solo & Small Firm Practice Section Breakfast Meeting.

7:30 a.m. First Watch, Downtown.

“Technology – Using Speech Recognition to Make Your Practice More Efficient.” Jason Gunter and Conor Foley, Co-Chairs.

December 4

Young Lawyers Division Meeting Noon. The Golden Fork, 3086 S Cleveland Ave; Fort Myers. Thomas Coleman, YLD President.

Appellate Law Practice Section Meeting & CLE

December 18

Lawyers Behaving Badly: Latest Trends in Florida Bar Discipline 10 – 10:50 a.m. Burroughs Home & Gardens McBride Pavilion, 2505 1st Street. Speaker: Robert Klein.

Presented by Parvey & Frankel.

December 18

Accounting for the missing $200 – Avoiding Bar Action and Defending Yourself When Your Trust Account Simply Doesn’t Balance.

11:00 - 11:50 a.m. Burroughs Home & Gardens McBride Pavilion, 2505 1st Street. Presented by the Real Property, Probate & Trust Law Section. Kenneth E Kemp, II & Matthew Linde, Co-Chairs.

December 18

Annual Membership meeting

Noon – 1:00 p.m. Burroughs Home & Gardens McBride Pavilion, 2505 1st Street. Speaker: Ray Abadin, President of The Florida Bar.

December 24

Noon, LCBA office closed

December 9

Holiday Party supporting Young Lawyer Division’s Summer Holidays

6:00 – 9:00 p.m.

Burroughs Home & Gardens McBride Pavilion – 2505 1st Street. Hawaiian theme – wear those Hawaiian shirts! Cost: $10 donation to YLD’s Holidays in July. RSVP at leebar.org.

December 25

LCBA office closed

December 31

Noon, LCBA office closed

Happy New Year!

2016

LCBA office closed

2016 Executive Council and Young Lawyers Division Swearing In Ceremony

Noon – 1:00 p.m. at Sidney & Berne Davis Art Center, 2301 First St., Fort Myers.

January 13

Federal Panel Discussion

Noon – 1 p.m. U.S District Court, 2110 First St., Fort Myers. Presented by the General Civil & Business Litigation Practice Section Meeting. George Knott & Carlos Kelly.

January 21

Family Law Practice Section Brown Bag Meeting

Noon, Courtroom 5C; Dustin Butler and Ryan O’Halloran, Co-Chairs

January 28

Land Use and Governmental Law Practice Section Brown Bag Meeting Noon.

January 29-30

Lee County Mock Trial Competition

Lee County Justice Center. Karla Campos-Andersen and Indera Singh, Co-Chairs.

Some dates for 2015-2016 Section Meetings have not been confirmed. Check our website for details!

Visit us online at leebar.org to see the entire LCBA Annual Calendar and conveniently RSVP for upcoming events.

Would You Like to Submit an Event?

Email your event submission to resgestae@leebar.org

Thank You to our Annual Sponsors for 2015

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RES GESTAE | December 2015

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Ethically Speaking

ENFORCEMENT OF ADVERTISING RULE 4-7.14(A)(4) PROHIBITED BY DISTRICT COURT

By Henry Lee Paul, Esq. Committee on Professional Ethics is expected to review the issues and consider further guidance. It is the unfortunate reality that interpretation of advertising rules in Florida remains a confusing and uncertain task.

On September 30, 2015 the Federal District Court enjoined

the enforcement of Advertising Rule 4-7.14(a)(4) in a summary judgment granted in for the plaintiffs in Searcy v The Florida Bar, Case No.: 4:13cv664-RH/CAS (N.D. Fla.).

Even though the terms of the injunction only relates directly to the plaintiffs, the significance of this decision is that lawyers without certification and law firms may now advertise that they are experts or specialize in areas of practice, provided such claim is objectively verifiable. The Florida Bar has announced a policy that it will issue a conditional approval of such terms in advertisements with the proviso that “The advertisement contains claims of specialization or expertise. If these claims are accurate and capable of objective verification, they may remain in the advertisement unchanged. The Florida Bar has made no independent verification of the claims in the advertisement.” See October 15, 2015 Florida Bar News, “Court Strikes Rule on who may call themselves Experts.”

In the summary judgment order the court recognized that it was without challenge that the Searcy firm has expertise in mass torts, unsafe products and personal injury cases. Despite the fact that there is certification available only for individual lawyers, as opposed to firms, and that there is no certification whatsoever available for mass torts and unsafe products, The Florida Bar took the position that usage of the terms “specialist” or “expert” in these fields was prohibited by the firm and the individual lawyers. The bar also took the position that no firm may claim to specialize or have expertise in any practice area.

For those who desire to identify as a specialist or expert, lawyers and their firms should be careful to have verifiable proof. The bar has not yet offered additional guidance. The Board Review

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RES GESTAE | December 2015

As I stated in a 2013 Res Gestae article regarding the new advertising rules, “one thing is for certain, there remains much ambiguity in the new rules and the amendments will not be the final word in relation to lawyer advertising in Florida. You can expect a continuation of federal litigation challenging these new advertising rules as an impermissible limitation on the right to freedom of speech.”

It is widely recognized by commentators that Florida advertising rules are among the strictest of any state. It is notable that the Supreme Court had two dissenters in the opinion adopting the new advertising rules who objected to the excessive restrictions.

The Searcy case also challenged the application of the “objectively verifiable” provision of Rule 4-7.13 in relation to advertising past results. This challenge was dismissed as not yet ripe. The dismissal was based on the fact that the Board of Governors has yet to make a definitive interpretation of the rule as applied to the positions taken by Searcy. It is certain that litigation and challenges to the advertising rules, as interpreted

by The Florida Bar, will continue in other litigation. The past results provision of Rule 4-7.13 is one of the most challenged and uncertain provisions of the rules and will likely be subject to further federal court rulings.

Henry Lee Paul is 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. RG

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Land Use Practice Section

SUPREME COURT SENDS LOCAL GOVERNMENT PACKING ON FOURTH AMENDMENT GROUNDS

By Russell P. Schropp, Esq.

Court ruled that facial challenges under the Fourth Amendment are not categorically barred or even disfavored, just difficult to prove, and receded somewhat from a 1968 decision that refused to address a facial challenge on Fourth Amendment grounds.

Having put the threshold issue to bed, the Court noted that even an administrative search such as this must afford the person subject to the search with the opportunity to obtain a “precompliance review” by a neutral decisionmaker. “A hotel owner who refuses to give an officer access to his or her registry can be arrested on the spot. The Court has held that business owners cannot reasonably be put to this kind of choice.” Slip Op. at 10.

It is not a common occurrence for the United States Supreme

Court to venture into the enigmatic world of local governmental regulatory schemes. However, in a recent case, City of Los Angeles v. Patel, No. 13-1175 (Slip Op. June 22, 2015), the Fourth Amendment’s protections against warrantless searches provided a speed bump to a local government’s efforts to open business records to inspection by city police officers as an investigatory tool.

A Los Angeles ordinance required motel operators to maintain information on guests’ names, car make and model, driver’s license and credit card information, and time and date of arrival and departure. It further required that the information be made available to police officers on demand. The primary purpose for the regulation was to facilitate investigations into criminal activity occurring on the motel premises. The failure to produce the records on demand was a criminal misdemeanor, potentially subjecting the owner to both a fine and prison. This ordinance was challenged as facially unconstitutional on the grounds that the warrantless search of motel records violated the Fourth Amendment’s protections against unreasonable searches and seizures.

Justice Sotomayor’s majority opinion provides some noteworthy implications for three Fourth Amendment issues. Initially, the

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RES GESTAE | December 2015

Finally, the majority opinion addressed an argument advanced by the City (and endorsed in Justice Scalia’s dissent) that motels are “closely regulated” businesses subject to more relaxed Fourth Amendment protections. The majority declined to lump motels into the category of four other businesses previously identified as closely regulated for Fourth Amendment purposes – liquor sales, firearms dealing, mining, and automobile junkyards. In so doing, the majority declined Justice Scalia’s invitation to rely on the evils of the innkeeping business that have been previously recognized in the law – dating back to Blackstone’s 1765 Commentaries on the Laws of England!

The burden of providing precompliance review in this type of situation should be minimal and will not arguably affect law enforcement efforts. The more significant holding may very well be the Court’s recognition that facial challenges to ordinances based on Fourth Amendment grounds are not precluded, only more difficult to mount successfully. Slip Op. at 4. This difficulty may be exacerbated by the length of time required to mount judicial review – the challenge of the Los Angeles ordinance was originally filed in 2003. RG

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Art Happenings

Resolve to live artfully in 2016

By Lydia Black

“To practice any art, no matter how well or badly, is a way to make your soul grow. So do it.” ~ Kurt Vonnegut No excuses. The new year is upon us again. Weather you draw a mean stick figure or create a mosaic masterpiece, take an art class to develop increased awareness, calm your mind and enrich your soul.

Join us for one of dozens of classes starting year-round at the Alliance for the Arts – fiber arts, drawing, mosaics, painting, photography, sculpture, piano, guitar, drums and more. Why include an artistic new year’s resolution to your list?

1. Because you always wanted to but just haven’t done it!

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Getting real with Chief Judge McHugh A highly functioning judiciary requires your participation

By Sara Fitzpatrick Comito

Photo courtesy of Julie Renner Photography

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RES GESTAE | December 2015

Judge McHugh wants you to get real. As

the robe of his office inspires a sense of decorum, so too can it inspire a reticence to speak one’s mind. By assuming the mantle of Chief Judge this summer, he has become responsible for the day-to-day operations and long-term strategy of the Twentieth Judicial Circuit. In working to keep all the cogs oiled, he needs to know the areas that require extra attention so the needs of all stakeholders can be met.

Chief Judge Michael T. McHugh wants to hear from members of the bar if they have a suggestion. “That’s absolutely a priority,” he said. “We need to know what the problems and the issues are, what’s not working.”

What it takes It’s not that there’s a lack of things to do. He presides over the probate docket in Lee County, helps keep foreclosure cases moving along in Charlotte, and works to resolve the numerous and complex Engle progeny cases resulting from their namesake tobacco class action being overturned. Add to that the quotidian administrative tasks such as human resources, the assignment of judges and dockets across the circuit, and problem solving required to deal with contingencies.

Don’t forget advocating for the circuit’s needs in Tallahassee. And then there’s the (non-metaphorical) marathon training, teaching legal education courses at Florida SouthWestern State College, and being present as a parent of three active children.

Prerequisites for success include creative thinking, endurance, an ability to seize on opportunities to combine tasks, get by on very little sleep, listen to stakeholders, and a willingness to occasionally seek the wise counsel of colleagues. Since accepting the gavel from former Chief Judge Jay Rosman on July 1, Judge McHugh has kept up with the pace he set for himself. And he credits his predecessor with leaving the office in good condition, despite having arrived as the foreclosure crisis was reaching fever pitch.

Judge McHugh recalled, “One of the things he

always stressed in his courtroom was being respectful, civil and collegial among judges and the bar. That really carried over when he became chief judge.”

What lies ahead The new chief judge will continue working with the legislature to make progress on budget and pay equity issues. Two years ago only half of the bill intended to bring judicial branch employees’ salaries and benefits in line with their counterparts in the other two branches of government was passed. The measures in that package were intended to help the courts maintain quality employees, including judicial assistants. Not only were half of the priorities not funded, but the two-year funding period was later cut to one.

Technological considerations for the courts remain a work in progress, too, with judicial viewer improvements a top priority to get all jurisdictions and counties on equal footing, improve case management and facilitate records search of the Clerk of Courts’ database.

Judge McHugh encourages his fellow jurists to step off the bench occasionally and into the community to highlight the court system’s important role in society.

For inspiration, look to The Florida Bar’s Justice Teaching program, where judges go into the schools and engage our next generation of citizens. Of course, the courtroom door swings both ways. “I would encourage any teacher to come in with their class, and we can tailor a program for them,” Judge McHugh said. “It really is enjoyable.

I know I did it with my own kids’ classes. My son’s teacher said it was the best field trip in 40 years of teaching.”

Likewise Judge McHugh is doing what he can to be accessible and approachable to members of the bar, attending LCBA events and facilitating brown bag luncheons for the RPPTL section. He encourages all members to take advantage of the many types of learning and networking opportunities available throughout the year. If he can do it all on so little sleep, what will it take for you to get real? RG

We need to know what the problems and the issues are, what’s not working.

December 2015 | RES GESTAE

19

Legal Lens

Noel Davies, Anthony Norman, Shannon Puopolo, Roxanne Wendling of Guardian Ad Litem Found.

A packed house for the Pro Bono Awards luncheon Doug Malloy

CLE and membership meeting Tort & Criminal Law Sections Team CLE on “Tactical Intimidation and the Professional Oath” with Hon. Josephine Gagliardi, Hon. Ramiro Mañalich, Doug Malloy and Ken Oliver and Pro Bono Awards Luncheon. Charity: Animal Refuge Center.

Magistrate Gilberto Perez, Hon. Michael McHugh

Doug Malloy, Ken Oliver, Hon. Josephine Gagliardi, Hon. Ramiro Mañalich

Norma Hand Brill , Hon. Michael McHugh Hon. Michael McHugh, Jess Levins

Hon. Michael McHugh, Danielle Levy

Hon. Michael McHugh, Chené Thompson Hon. Michael McHugh, Jason Lucas

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RES GESTAE | December 2015

Photos courtesy of Jim Jett Photography

Vera Bergermann, Hon. Michael McHugh

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Advertiser Spotlight

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by Sara Fitzpatrick Comito For a school teacher to retire and then choose a second career as a bail bondsman might seem like a departure. For Nancy KellyScafuri, however, it’s more like a continuation. Having worked at a middle school beset with discipline problems, she has encountered some of her former students in her office. “I see the whole gamut, where they start off being reluctant learners and all the school system does is throw them in the time out room.

Then they end up in the court system.”

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RES GESTAE | December 2015

view of her clients’ situation, she’s not eager to see them in her official capacity. When she does, the patience she cultivated as a teacher still serves her well, as does a good measure of tough love. She recently unwittingly reconnected with a former student. His long-indulgent mother made excuses and failed to abide by the terms of his bond. “She did exactly what she did in parent conferences. I stepped in. She wasn’t doing him any favors.”

Kelly-Scafuri enjoys an enviable record of getting people to show up for court, but it often requires going above and beyond her job description. She drove a man suffering from dementia to court from his convalescent home. She intervened when a gentleman called her from jail and reported he hadn’t been allowed to take a shower in a week. She gets involved with her probationary clients, because otherwise about 97 percent of them would not make it through, according to the statistics.

This makes her a thorn in the side of their supervising officers.

She is undaunted. “These are the things I take personally, which I don’t have to do.” she said. “The goal is to get them out of the system.” RG

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Community Connection

Turtle Time From May through October, beach dwellers know the drill: make sure your outdoor lights are shielded so they’re not visible from anywhere on the beach. Even better: replace existing bulbs with amber LED lights. Why? Not only are the amber LEDs energy-efficient, but they won’t deter female turtles from nesting and disorient hatchlings during their first critical run to the sea. Now everybody knows about Turtle Time, in large part because of the organization Eve Haverfield created with that name.

That wasn’t always the case, and sometimes it’s still a challenge to create buy-in with seasonal residents and tourists and the establishments that cater to them. However, with its network of more than 100 volunteers, the support of other like-minded conservation groups and established laws on the books, it’s safe to say Turtle Time has shaped popular opinion, helped sea turtle populations make demonstrable gains, and enabled more Lee County residents and visitors to enjoy observing the ancient ritual of a female ascending the beach where she herself was born to dig a nest, deposit her best hope for the future and swim away into the darkened surf.

The future of sea turtles seemed much more tenuous in 1968, when Haverfield married her husband, Attorney William Haverfield, and moved to her beloved Sanibel Island, where the couple raised two children, and began monitoring turtle populations in the 70s. Extending her efforts to fresh sand in 1989 proved a challenge. The message that was eagerly absorbed on conservationminded Sanibel now met with resistance on Fort Myers Beach, with its focus on

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RES GESTAE | December 2015

By Sara Fitzpatrick Comito

entertaining tourists. The need for a Turtle Time intervention was evident, with calls from a few concerned citizens indicating hatchlings were being killed on the road and large turtles were becoming trapped under cars and furniture. That year five nests were counted. This year the number was 73. There’s still much to do, however, as only 42 of those survived to hatching. Turtletime.org is the place to find nest data by area, as reported by volunteers, which can be compared against the same data for years back through 1996. There you’ll find out about turtle anatomy, species, conservation guidelines, events, links to important resources and much more.

Thankfully, attitudes have changed and continue to evolve to the benefit of the turtles. Existing inside Florida’s sensitive ecosystem has ways of showing us how interconnected we all are, and that goes for the turtles too. “Turtles have a specific function in the ocean,” Haverfield explained. “They maintain the health of the ocean.” What would Florida be without the assets of our coastline? Therefore, don’t we all need to make time for turtles? RG

Background photo: Loggerhead turtle hatchlings make their way to the Gulf after hatching. Photo left: Mother Loggerhead Turtle laying eggs on the beach. Photo above top: Eve Haverfield releasing a rehabilitated turtle. Photo above bottom: Loggerhead turtle nest sectioned off from the beach.

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RES GESTAE | December 2015

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The Dish

According to New Age philosophy, if you glance at a digital clock when it reads 11:11 you should make a wish. One esoteric website advises this symmetrically auspicious window “is like a friendly little sign…that everything is in alignment and you are exactly where you need to be.” Alrighty then. Some wishes might be too big, even for your horological oracle.

But if your wish is for the best grilled cheese sandwich you’ve ever tasted, you can manifest that with just a short journey to 11:eleven Café – no windchimes or burning sage required. You know, unless you’re into that kind of thing. I don’t think I’m being presumptuous by saying 11:eleven offers the kind of food you’re into. Unless you’re completely cut off from your inner child, in which case we can’t hang out. Do you like fresh, locally sourced ingredients? Have you ever had a day where all you want is to indulge in some comforting, yummy food? Do you ever get yelled at for playing with your food? Let’s hang out!

Christa Leigh takes the classic power dynamic between diner and chef and turns it on its white poofy hat. There’s a place for the artiste persona and its accompanying gold leaf and truffle. 11:eleven is not that place. What you’ll find here is a choice of three ubiquitous childhood staples: grilled cheese, baked potatoes and waffles (or naan flatbread, if you’re fancy), and the opportunity to put your creative stamp on each with your choice of gourmet ingredients. If your creation is worthy, it might even make it onto the menu, such as when Alton Brown stopped in and gushed on the AB Road Eats section of his website: “This is the coolest concept we’ve seen on the road in a while….

In my opinion you must order Avocado Grilled Cheese and the Buffalo Chicken/Mac and Cheese Baked Potato. If there’s tomato soup on the menu, order that too.”

Alton chose the sundried tomato swirl bread for his sandwich, which features asiago, parmesan, mozzarella and Swiss, so naturally I did the same. He was right about the soup, too, which is offered as one of several complimentary sides. I’m a dunker, but each item stood well on its own. My companion ordered The Chicken is a Jerk on a waffle, with an optional choice of fresh pineapple.

The crisp, fluffy waffle had a surprising sweetness at first, which was a perfect counterpoint to the tangy fruit, the kicky Jamaican-style sauce and the chosen Havarti and pepper jack.

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With the generous portion sizes, a quarter of that indulgent waffle treatment and a full half of the grilled cheese heated up well in the ol’ toaster oven for a snack the next day.

Other combos include The “Buffy,” for garlic lovers and vampire slayers. With Havarti, mozzarella and asiago on a baked potato and a side of spinach salad with pecans, I would be a happy girl. I might be tempted to splurge on the balsamic bacon bourbon jam with that. BBQ, guacamole, Buffalo and marina are in representation on diners’ flavor palettes, along with The Crazy Monkey, which is something my 14-year-old could have concocted, consisting of peanut butter, bacon and Nutella. Try it on a waffle. Or how about three crispy strips of bacon with smoked gouda, a fried egg and roasted garlic on a soft pretzel? Now my imagination’s running away with me. But that’s the gleeful point.

And as grilled cheese and tomato soup are a classic combination, so is 11:eleven and Point Ybel Brewing Company two doors down. An energetic bluegrass and rockabillyinflected band called The Good Bad Kids were playing on a recent Friday night, and the café was doing a brisk delivery service to the enthusiastic crowd, which seemed well lubricated by any one of a dozen fresh beer offerings. How would a mac and cheese baked potato invention go with a heady Snook Bite IPA? That’s an exploratory adventure for the next time the ones line up on the clock. Whatever your proclivity for New Age philosophy, you’ll discover that at 11:eleven, wishes really do come true. RG 16120 San Carlos Blvd #7, Fort Myers (239) 208-8100 11ElevenCafe.com Tuesday - Saturday 11 a.m. - 9 p.m.

Photo left: the Alton Brown Ate Here with tomato soup. Photo top right: Chicken is a Jerk waffle.

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

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29

From the Bar Katheryn Elizabeth Smith Calvo, Esq. “I get too intensely involved,” Kati Calvo said. “I don’t like to put something down until I’m done.” The large, complicated jigsaw puzzles framed and mounted on her office walls are proof. That focus and drive is evident in her approach to her clients’ legal puzzles, too. She had plenty of those during her eight years as Assistant Public Defender.

Consider the case that presented “some of the most difficult facts ever:” her Canadiannational client had been peddling goods without a permit on Sanibel and was arrested for felony battery on a law enforcement officer. Further complicating the situation was the fact the gentleman was deaf and mostly blind. He communicated using Quebec sign language, not the American variety. “I had to try to balance the need to provide representation to him with a genuine concern for the court system,” she said. To get an interpreter here would have cost the county tens of thousands of dollars, so Calvo employed creative thinking and solved the puzzle by entering a plea in absentia, communicating along the way through various people in Quebec to help him understand what was going on. “I often wonder how he’s doing,” Calvo said, while noting he’s probably better off than if she had demanded a trial. “Being a problem solver as opposed to being a problem creator gets you a little farther,” she suggested.

She practices mostly in the family law area, but has achieved Board Certification in Criminal Trial Law, which is her husband José’s primary focus at Calvo & Calvo. She is one of seven attorneys in Lee County with that designation, and the only woman. If she succeeds with her next endeavor to achieve Board Certification in Marital and Family Law, that would make her the only area attorney, female or otherwise, to have dual certification in those two areas. “If I put it out there, I will pass it, right?” she laughed.

Like others who are profiled in this issue, Calvo is an avid runner. When Res Gestae caught up with her she was preparing for the inaugural Jog for Justice for the Lee County Legal Aid Society, where she is president of the board. She and José have two small children.

LCBA Poetry Contest Winner Since calling for entries for its poetry contest, the LCBA has received submissions in various styles that thoughtfully examine themes ranging from the commitment a lawyer makes to a client, to the mastery of Shakespeare, to the simple joy of fly fishing with friends. After much deliberation, we are pleased to announce our winner, Tom Chase, with his poetic appreciation of individuals who escape the notice of the world while making it more beautiful. Thank you to all who submitted.

Portrait of the Painters ~ by Thomas C. Chase I wish I had a portrait of the painters, Suspended in the sun, they ply their trade, Erasing, stroke by stroke and yard by yard, Each vestige of sun-made fade.

From Mexico and Guatemala, From here and parts unknown, They swarm this town with talent, How is our thanks shown?

Harnessed high, astride big boards, Held by ropes and hope they earn, Praising the sun that sweats them, They smile, not feeling the burn.

How about a portrait in the paper?

How about something on tv?

How about something special To thank them for their deeds?

Our City is their canvas, As they sweep away the gloom, Every thing they touch is sure, To colorfully blossom and bloom.

For all the power and its brokers Couldn’t do the work they do, You see, they work magic, They make our old town ... new.

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RES GESTAE | December 2015

From the Bar Jeffrey R. Garvin, Esq. Jeff Garvin has a fundamental rule that he’d like to share with colleagues who might benefit from its simple wisdom: “No matter how good a case looks, sit down with the clients, get to know them, decide whether you like them and confirm that they like you.” There are enough potential sources of conflict in a lawyer’s line of work, so who needs to chance it in their client relationships?

Plenty of wisdom can be gleaned in 40 years of practice, some of which he has been able to impart to his son, Leland, with whom he practices at the Garvin Law Firm. When the two joined forces at the end of 2012, Garvin saw it as an opportunity to enhance his son’s base of experience. A young lawyer could do worse than to learn from the past President of the Florida Chapter of the American Board of Trial Advocates, who in 2011 was presented with that organization’s Trial Lawyer of the Year award by Florida Supreme Court Justice Peggy Quince. The year before that, he was asked to lobby on behalf of the justices, whose positions were being threatened by proposed legislation to restructure the court system.

Career highlights also include a $8.3-million medical malpractice award in 2008 in a case of a botched breast augmentation surgery. Others can be found on the firm’s website.

Garvin said, “Now it’s gotten to the point where I’m able to take advantage of some of the knowledge that Leland has. It’s a shared exchange of information, and it’s really worked out well.”

Even after all those decades of experience, Garvin acknowledges the preparation for big trials can bring plenty of stress. The rewards are still worth it, including seeing the tremendous amount of preparation for cross examination pan out so the jury can clearly discern the flaws in a witness’ testimony. “Plus, I really like closing argument, because it gives you an opportunity to bring everything together.”

Sharing responsibility with his son and being selective with cases allows Garvin the chance to do one of his favorite things, which is to fly. He’s been a pilot for as long as he’s been an attorney, and he also enjoys mountain biking, fishing and skiing.

With your committed support, LCLA assisted its clients in gaining financial stability in the 3rd quarter: On-Going Child Support (Yearly): $83,378.28 Lump Sum Child Support: $39,089.40 Alimony - Lump Sum: $28,800.00 Equitable Distribution of Major Assets: $40,000.00 Other Financial Benefits to Clients: $24,568.56 Thank you to the Lee County Bar Association and its members for their continued support.

(239) 472-5506 Lee County

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P.O. Box 427, Captiva, FL 33924 Serving SW Florida Since 1989

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On the Bench Magistrate Kimberly Davis Bocelli As our cover story on Chief Judge McHugh indicates, it’s quite a juggling act to keep all the dockets running smoothly. Magistrates are one part of the solution, and their numbers now include Kimberly Davis Bocelli. The recently appointed Civil Magistrate’s plan is simple: “to serve our legal community by fairly and efficiently deciding matters in accordance with the law, thereby alleviating as much pressure as possible off the Civil Judges' dockets.” When Res Gestae reached Magistrate Bocelli, she had just completed another accomplishment: the New York City Marathon.

Her appointment coincides with the end of her year as president of the Young Lawyers Division, during which it raised more than $5,000 for the Guardian ad Litem Foundation, held a joint paddle boarding event with its Collier County peers for the state’s YLD Health and Wellness Month, and implemented the LCBA-YLD Scholarship to encourage and facilitate membership and participation by young attorneys with a financial need.

Her Roetzel & Andress colleagues will miss her, where she’s been since serving as a summer associate in 2004. There she worked with many partners in various practice areas, solidifying her background in civil law including contracts, eminent domain, HOA/condo, construction and insurance defense. She also won the firm’s chili cook-off twice.

Magistrate Bocelli enjoys the challenge of dealing with the variety of matters that civil practice has brought and that the new case load has presented since assuming her position on Nov. 9. As she did in private practice, she likes seeing cases reach resolution when possible before going to trial, and encourages the petitioners who come before her to make a good-faith effort in that regard.

“Although it is technically only required by the Rules of Civil Procedure for discovery matters, it is a good practice for efficiently resolving all matters.,” she explained. “If it can't be resolved amicably, then make sure your position is supported by the law and be prepared to present that law at the hearing.”

In Memoriam - James Franklin, Jr. “Work hard, be yourself, and use your own personal talent, no matter what it is,” James Franklin, Jr. told this magazine in June 2014 on the occasion of his 90th birthday. He died on Sunday, October 25, 2015 at his home in Fort Myers.

Mr. Franklin will long be remembered for his encouragement of others, his love of family, and his lifelong dedication to the firm his father helped found in 1904, long after his retirement in 1993. With his wife Vonceil, Mr. Franklin was an active supporter of the Southwest Florida Historical Society. He was a World War II veteran, having enlisted in the Navy in 1942.

In 1961, Mr. Franklin served as president of the Lee County Bar Association.

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In The News The Lee County Clerk of Court’s Finance Department has received its 30th consecutive Certificate of Achievement for Excellence in Financial Reporting award for the comprehensive annual financial report (CAFR). The CAFR are the audited financial statements for Lee County that includes the Board of County Commissioners, Clerk of Courts, Property Appraiser, Sheriff, Supervisor of Elections and Tax Collector offices.

The CAFR is judged by an impartial panel of the Government Finance Officers Association and must meet the high standards of the program including demonstrating a constructive “spirit of full disclosure” to clearly communicate its financial story.

Justin B. Mazzara has joined Rogers Towers, P.A. in its Fort Myers office. Mazzara joins two other veteran litigation attorneys in that office, Brandon Perkins and Kristen Perkins. In the past four years the statewide firm has added the Fort Myers office as well as offices in Orlando, Tampa Bay and Fort Lauderdale.

“Justin brings significant experience in representing clients in commercial litigation and appellate cases, both in state and federal courts.” said Doug Waldorf, the shareholder who manages the firm’s Southwest Florida office, and a member of the firms’ Banking and Financial Services Practice Group and its Real Estate Department.

Barbara M. Pizzolato was recently featured in Fortune Magazine’s 2015 edition of “Women Leaders in the Law.” Only female attorneys peer-rated by Martindale-Hubbell were included. She is among the five percent of all women lawyers that carry the distinction of being a member of the Bar Register of AV Preeminent Women Lawyers.

As founder and managing attorney of Barbara M. Pizzolato, P.A, her law practice focuses on estate planning, trust administration, probate and business planning. Pizzolato received her Juris Doctorate from New York Law School in 1987 and has obtained her license to practice law in New Jersey, New York, Connecticut and Florida.

Luis Rivera, an attorney at Henderson, Franklin, Starnes & Holt, P.A., was honored at the Southwest Florida Bankruptcy Bar Judicial Appreciation Dinner held on October 15, 2015, with the Alexander L. Paskay Professionalism Award. The award recognizes outstanding effectiveness in the presentation of matters to the Bankruptcy Court, a reputation for thorough preparation; civility and courtesy to opposing counsel, appropriate courtroom demeanor, ethical conduct and professionalism at the highest level, and long-term service to the bankruptcy bar.

Rivera received his undergraduate degree from Loyola University in New Orleans and his law degree from Washington and Lee University School of Law. Jonathan G. Sieg has joined the Pavese Law Firm and is practicing in the areas of Real Estate and Community Association Law. Previously he worked in Orlando as a commercial real estate broker associate, and provided leasing services as the landlord representative for several shopping centers across Central Florida.

Sieg graduated from the University of Florida with a Juris Doctor, a Master of Science in Real Estate, and a Certificate in International and Comparative Law. While in law school, he served as the President of the Real Property Law Association. He also completed an externship with the General Counsel of Gainesville Regional Utility, and worked at the Shams Law Firm in Orlando.

Austin Turner has joined Henderson Franklin as an associate in the Land Use & Environmental Law division. He served as a summer associate with the firm in 2014. While in law school, he worked as a law clerk at a large land use and environmental law firm located in Tallahassee. He also spent time during law school at the Florida Department of Environmental Protection working pro bono at the Defense Section of the Office of General Counsel.

Turner received his undergraduate degree from the University of Central Florida and his law degree from Florida State University College of Law.

See more LCBA member in the news at www.leebar.org/in-the-news, and remember to send us your news at resgestae@leebar.org.

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