Res Gestae — July 2015 by Lee County Bar Association

THE OFFICIAL AWARD WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

JULY 2015

Cyber War

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Judge Margaret Steinbeck bench bar relations

Florida drone law

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Contents

AD DIRECTORY

24 On The Cover: Judge Margaret O. Steinbeck Cover Photo: Jim Jett Photography

features

Allied Business Solutions

Barbara Pizzolato

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18 Bench Bar Relations

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Ethics for judges and lawyers

by Hon. Margaret O. Steinbeck

Joe Viacava Law

22 Cyber War

Law and ethics for virtual conflicts

by Kevin Govern, Esq.

24 Florida Drone Law

by Michael J. Corso, Esq.

17 33

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28 The Dish

Prime de Leon

10 Calendar of Events

30 100 Club

by Beverly Grady, Esq.

Boys and Girls Clubs of Lee County

Crü

12 Ethically Speaking

31 On the Bench

14 General Civil & Business

32 From the Bar

by Henry Lee Paul, Esq.

Hon. Ramiro Mañalich

Litigation by Dr. Andy Cobb

16 Art Happenings

33 From the Bar

20 Legal Lens

34 Legal Briefs

by Lydia Black

Social scene photos

RES GESTAE | July 2015

Marve Ann Alaimo, Esq.

32 New Members

P. Brandon Perkins, Esq. News and happenings

7 11

8 Letter from the Editor

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9 IBC

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26 Community Connection

by Anne Dalton, Esq.

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6 Letter from the President

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Note from the President Being President of the Lee Bar carries a variety of responsibilities. One of the more delightful of those responsibilities is the ability to publicly thank Judge Leigh Frizzell Hayes, Gordon Harrison, and Board Chair Robert Donald for their many years of pro bono service as the Lee Law Library Board of Trustees. All three have chosen in recent days to step aside to allow others in our legal community to share in this highly prestigious public service opportunity. We owe a great debt of gratitude to them for spending their time all these years to ensure that public funds are spent wisely and well. We are also fortunate that our very able law librarian, Sharon Radoopersad, will continue to provide her usual excellent service to the members of the Bar, Judiciary, members of our pro se community and others who come into this facility for “It is heartening, in these times of assistance. Ms. Radoopersad impersonal and not particularly performs her librarian duties professionally, ethically and effective electronic communications, elegantly and is a highly to see old fashioned courtesy and respected and knowledgeable hands-on assistance.” member of our legal community. Many times, upon seeking out the quiet of the Law Library to reflect upon a just-completed court hearing or research an arcane point of law, I have observed her interacting in a respectful and helpful manner with those who are unfamiliar with the law books and/or unfamiliar with the law library itself. It is heartening, in these times of impersonal and not particularly effective electronic communications, to see old fashioned courtesy and hands-on assistance, given by Ms. Radoopersad to one and all in her quietly efficient and pleasant manner. I hope she is with us for a very long time to come. I know she will help the incoming Board of Trustees of the Law Library with great energy and enthusiasm, and coordinate with them to bring them up to speed as quickly as possible. Most of all, I hope that the tremendous accomplishments of the Honorable Leigh Hayes, Gordon Harrison and Board Chair Robert Donald with the great assistance of Ms. Radoopersad herself, will form the backbone of even greater achievements for future Trustees of the Lee Law Library Board of Trustees.

Judge Lynn Gerald Law Library

There is no access to justice without access to legal information www.ca.cjis20.org/home/main/lawlibrary.asp (239) 533-9195 First floor east, Lee County Justice Center Monday – Friday 8:30 a.m. - 5 p.m. Except holidays. Anne Dalton, Esq. adalton@daltonlegal.com | (239) 337-7900 6

RES GESTAE | July 2015

LEE COUNTY BAR ASSOCIATION ADMINISTRATIVE TEAM Executive Director ~ Sharon Brotherton Executive Assistant, Lawyer Referral & Pro Bono 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. Past President - John D. Agnew, Esq. YLD President - Kimberly Bocelli, Esq.

COMMITTEES

HISTORY E. Bruce Strayhorn, Esq. & Jenna Persons, Esq. LAW RELATED EDUCATION T. Rankin Terry, Esq. LAW WEEK Hon. John S. Carlin MEMBERSHIP Janette Smith, Esq. MOCK TRIAL Karla Campos-Andersen, Esq. PRO BONO Audrey M. Singleton, Esq. & Aaron Cilek, Esq. SOCIAL EVENTS John Webb, Esq.

PRACTICE SECTION CHAIRS

ALTERNATIVE DISPUTE RESOLUTION Anne Dalton, Esq. & Bill Merchant, Esq. APPELLATE LAW Margaret White-Small, Esq. & Stacy Sherman, Esq CRIMINAL LAW Keith Upson, Esq. FAMILY LAW Dustin Butler, Esq. & Ryan O’Halloran, Esq. GENERAL CIVIL & BUSINESS LITIGATION George Knott, Esq.. & Carlos Kelly, Esq. LAND USE & GOVERNMENTAL LAW Russell Schropp, Esq. REAL PROPERTY, PROBATE & TRUST LAW Kenneth Kemp, Esq. & Matthew Linde, Esq. SOLO AND SMALL PRACTICE SECTION Jason Gunter, Esq. & Conor Foley, Esq. TORT LITIGATION Preston John (PJ) Scheiner, Esq.

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Letter from the Editor Time for fireworks, parades, homemade ice cream and picnics with neighbors, friends and families to celebrate Independence Day – July 4th, 2015. In 1777, July 4th was celebrated with bonfires, bells and fireworks. The Declaration of Independence is a thorough and well organized legal brief, and merits being celebrated by being read (yes, beyond the preamble) as we celebrate this July 4th. The Declaration was carefully drafted in secrecy by Thomas Jefferson from June 11 to 28 with revisions added by Benjamin Franklin and John Adams. It is a document that addressed several very different audiences. If the sole purpose of the Declaration was to announce to King George III and Parliament that the thirteen colonies had permanently cut ties with Great Britain, that could have be accomplished in two sentences. But it states so much more. The Declaration has very distinct parts. It has an introduction where the purpose is to dissolve the political bands. It established the legal basis in the preamble that the right to choose governance is based upon bold principles of freedom, truths that are "self-evident” and natural rights that are unalienable and cannot be repealed, and which include the right of revolution. It is influenced by the writings of John Locke. It justifies in detail the list of grievances suffered by the American people imposed by the King and Parliament as the foundation for dissolving the bond of governance, and that the thirteen colonies are no longer part of the British Empire. Those grievances are more than “taxation without representation” and have a direct correlation to the amendments in the Bill of Rights adopted in 1791. In 1776, the citizens were not of one mind as the decision to support independence was a costly turning point in each life. The Declaration was written to those colonists that were “on the fence” to set forth the wellreasoned and sound basis for the decision to “institute a new Government.” The signers knew that adoption of the Declaration of Independence meant war was inevitable, and so it was also drafted for potential allies as well as conflicted colonists to establish the foundation and philosophical underpinnings for “throwing off such Government” for independence. The decision to place one’s signature on the Declaration was taken at considerable personal risk, as it was a death warrant if the colonists lost the war. Many of the fifty-six signers lost their homes and property and others lost their liberty as they were imprisoned during pendency of the war. The Declaration concludes with the mutual pledge to each other of “our Lives, our Fortunes and our sacred Honor.” We have much to celebrate.

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

RES GESTAE | July 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. Dr. Andy Cobb Lydia Black Hon. Margaret O. Steinbeck Kevin Govern, Esq. Michael J. Corso, 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

July 3

Young Lawyers Division Meeting CANCELED

July 17

August 21

4 – 6 p.m., Spirits of Bacchus, 1406 Hendry Street. Jason Gunter and Conor Foley, Co-Chairs

11 – 11:50 a.m at Sidney & Berne Davis Art Center (1 Hr. Ethics application pending). $35 members, $60 nonmembers, includes Membership Lunch following CLE Program.

Solo & Small Firm Practice Section Kickoff Social Event

July 22

LCBA Executive Council Meeting

5:15 – 6:15 p.m. Conference Room, Henderson Franklin Starnes & Holt, PA

Have a Happy and Safe 4th of July Weekend!

July 8

General Civil & Business Litigation Practice Section Lunch Meeting

Noon at Judge Krier’s Hearing Room, 4H. Topic: Ethics in Depositions: Preparing your Client for Deposition. Panelists include: The Honorable Elizabeth Krier, The Honorable John Duryea, Denise L Wheeler, Esquire, Mark A Boyle, Esquire, and Carlos A Kelly, Esquire – moderator. RSVP to Carlos Kelly or George Knott, Co-Chairs

July 10

RPPTL Brown Bag-CANCELED

July 16

Family Law Practice Section Brown Bag

Noon at Courtroom 5C of the Lee County Justice Center at 1700 Monroe Street, Fort Myers. Dustin Butler and Ryan O’halloran, Co-Chairs

Land Use & Governmental Law Section CLE Panel

August 21

Land Use & Governmental Law Section CLE

Noon at Lee County Public Works, 1500 Monroe Street, 1st Floor Conference Room. Topic – Pending changes to Hearing Examiner process. Russell Schropp, Chair

11 – 11:50 a.m. at Sidney & Berne Davis Art Center (1 Hr. Ethics application pending). $35 members, $60 nonmembers. Includes membership lunch following CLE Program. Topic : Down in the Dirt--Ethical Concerns in Land Use Matters. Panelists include: Donna Marie Collins, Richard Wm. Wesch, Beverly Grady, Russell Schropp.

August 7

LCBA Membership Meeting

July 30

Land Use Section Lunch Meeting

Young Lawyers Division Meeting

Noon at Blue Moon Pizza 7381 College Pkwy. Kimberly Bocelli, YLD President

August 13

RPPTL Brown Bag

Judge McHugh's Chambers in Courtroom 4R

August 20

Family Law Practice Section Brown Bag

Noon at Courtroom 5C of the Lee County Justice Center at 1700 Monroe Street, Fort Myers. Dustin Butler and Ryan O’halloran, Co-Chairs

Noon - 1 p.m. at Sidney & Berne Davis Art Center. Lunch without CLE: $15 members, $25 non-members. Featuring an update from Linda Doggett, Clerk of the Court. Charity: The Edison Sailing School Center. Sponsor: Buchanan, Ingersoll & Rooney PC.

August 26

LCBA Executive Council Meeting

5:15 – 6:15 p.m., Conference Room, Henderson Franklin Starnes & Holt, PA.

Celebrate National Marshmallow Toasting Day August 30th

Some dates for 2015 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

RES GESTAE | July 2015

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July 2015 | RES GESTAE

Ethically Speaking

GRIEVANCE COMMITTEE PROCEDURES By Henry Lee Paul If a bar complaint has been referred from a branch office of The Florida Bar to a grievance committee, a lawyer should recognize that they have a serious problem. A grievance committee is often equated to the function of grand jury. It is the job of a reviewing committee to determine if there is probable cause to support a violation of The Rules Regulating The Florida Bar.

committee may offer a diversion or an admonishment for minor misconduct.

There are 81 grievance committees statewide, including one committee that deals with all advertising matters. The standard composition of a committee consists of six lawyers and three nonlawyers. A lawyer must have been in practice for at least five years. Appointments to a grievance committee are for a three-year term and are made by the “designated reviewer,” who is the member of the Board of Governors charged with reviewing decisions of the committee on behalf of the Board. The Board must ratify appointments to a committee.

A respondent has no right to a bill of particulars. A respondent has no right to confront a witness, but may be allowed to do so by the discretion of the committee. However, one important right is the requirement that a respondent be provided all materials reviewed by the committee, in advance of a hearing.

In Lee County there are two committees. Committee 20A is currently supervised by designated reviewer Laird A. Lile. Committee 20D is currently supervised by designated reviewer Marcy Shaw. Each Committee has a bar counsel liaison, who advises the committee, but does not vote on matters before the committee. If a designated reviewer objects to a decision of a committee, the matter may be returned to the committee for reconsideration or sent to the Board to consider whether to reverse the decision of the committee.

A finding of probable cause initiates a process that will cause a formal complaint to be filed in the Florida Supreme Court. The Court will assign a referee for trial that could result in discipline. At any time during this process a matter may be resolved by consent judgment.

Once a matter is referred to committee, it is usually assigned to one member to serve as the “investigating member” (IM). The respondent lawyer will be advised to contact the IM shortly after assignment to the committee. The IM will likely also interview the complainant. The committee also has subpoena power. The Committee may dismiss the case without a hearing. However, no finding of probable cause may be made without a hearing. Hearings may be evidentiary with live testimony. Alternatively, the committee may have a summary proceeding without live testimony. In addition to making a decision on probable cause the

RES GESTAE | July 2015

The committee operates in a rather informal manner with loose evidentiary standards. Hearsay is admissible. A committee may take the initiative to investigate matters it feels appropriate, even if not identified in the initial bar complaint.

The matter is kept confidential by The Florida Bar until the committee makes a decision, after which the file becomes a public record, subject to certain exceptions.

The Florida Bar has averaged in excess of 7,000 bar complaints over each of the last five years. Approximately 2,400 of the 7,000 plus annual complaints were forwarded to a branch during the last fiscal year. In the same year, there were 993 total cases after grievance committee review and a total of 391 discipline orders. RG

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.

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General Civil and Business Litigation

by Andy Cobb, PhD, CCE

While law firms as entities are not directly under ethical obligations, the practicing attorneys within the firm are expected to operate under the rules of professional conduct. This article outlines several challenges and opportunities related to electronically stored information (ESI) that law firms should consider in supporting the ethical obligations of their attorney members. The Real Possibility of Security Breaches Chase Bank and Target have both fallen victim to massive security breaches recently. These breaches did more than infiltrate the data systems; they also undermined the consumers' trust with the privacy of their data. Law firms too have been among the targets and victims of security breaches. One of the most important resources a firm can offer its attorneys is a strong security infrastructure that supports every attorney’s responsibility to maintain the confidentiality of clients’ sensitive ESI. Modern Tools In addition to secure data systems, modern software tools can also aid in supporting attorneys’ ethical duties related to client confidentiality by protecting communications to parties outside the law firm. For example, a tool that scrubs documents or emails of metadata can help prevent inadvertent disclosure of certain information when sending documents or email to opposing counsel and parties. Policies and Procedures Good information security and ESI handling policies that dictate how to properly use the infrastructure and technologies support consistency in each attorney’s practice. Bring your own device (BYOD) policies for mobile devices, for example, that provide at least minimum requirements for passwords, protect client confidentiality should an attorney’s mobile device be lost or stolen. Just as new technologies emerge to help attorneys work more

RES GESTAE | July 2015

efficiently, the policies and procedures around the use of these technologies must be updated and maintained. Training It’s not enough to have good policies and procedures in place. Attorneys and staff must be educated on new tools and technologies as well as updated written policies and procedures. Ongoing education contributes to the all-important competence duty required by the ABA’s Rules Of Professional Conduct. Training on security policies, in particular, can help address concerns about client confidentiality. Education on how to use new tools used for electronic discovery, such as document review platforms, can satisfy a number of ethical duties, with the added benefit of lowering the costs and risks inherent in electronic discovery. Conclusion While attorneys are solely responsible for their own ethical behavior, the firms to which they belong can support professional conduct by providing infrastructure and technologies that secure client data, along with the written, well-maintained policies and procedures. Regular training on new tools, technologies and risks should be part of every law firm’s agenda to ensure consistency. RG

Dr. Andy Cobb of One Source Discovery has consulted in over 500 electronic discovery matters throughout the world and offers expert testimony in state and federal courts. He has authored several articles and given dozens of talks on computer forensics and electronic discovery. Lit & More, in partnership with One Source Discovery, offers a variety of CLE opportunities on electronic legal discovery topics.

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Art Happenings

Plan a summer art adventure By Lydia Black While the event season may slow to a crawl this time of the year, artists and art galleries do not take the summer off, and there are plenty of chances to experience art firsthand in Southwest Florida during July and August. • In July the Alliance for the Arts gallery will feature work by area college art students. PORTFOLIO opens July 3 and remains on display through July 31. The annual Alliance Members Exhibit DOG DAYS opens on August 7 and stays up through August 29. www.artinlee.org • Arts for Act Gallery in downtown Fort Myers has a trithemed group show opening July 3. (TINY ART, ANYTHING GOES WITH A FEATHER, and NATIONAL IDENTITY.) Then in August the gallery features work by illustrator and painter Joe Lemay. www.artsforactgallery.com • Howl Gallery & Tattoo in Fort Myers has two group shows this summer. SWFL LIVES features works by artists around Southwest Florida and opens with a reception on July 11. MEOWL includes artwork featuring Cats, Owls, and curious combinations of the two. The opening reception is August 1. www.howlgallery.com • The Southwest Florida Fine Craft Guild presents FUN & FUNKTIONAL at the Sidney & Berne Davis Art Center from July 3 through 23. www.swflfinecraftguild.org • In late July a new public art exhibit goes on display at the Southwest Florida International Airport. The ART IN

RES GESTAE | July 2015

FLIGHT exhibit is a partnership between the airport and the Alliance for the Arts. It will remain on display for one year. www.flylcpa.com/artinflight If you’re willing to venture a bit beyond Lee County’s borders here are several great opportunities just a short drive away. • The Naples Art Association presents CAMERA USA 2015: NATIONAL PHOTOGRAPHY EXHIBIT from June 15 through July 17, and then GARETY ROCKLIFFE: THE GREAT AMERICAN COASTLINE from July 27 through September 4 at the Von Liebig Art Center. www.naplesart.org • While not exactly an exhibit, Clyde Butcher’s Big Cypress Gallery is always a great day trip. www.clydebutchersbigcypressgallery.com • The Visual Arts Center in Punta Gorda features the group exhibit SURF, SAND & SHELLS throughout July. www.visualartcenter.org • The Ringling Museum of Art in Sarasota features BUILDER LEVY: APPALACHIA USA from July 10 through September 13. www.ringling.org So, as you make your way through the heat of the summer consider exploring an art gallery or two. It’s a great way to broaden your horizons, meet new people, and explore parts of Southwest Florida you may never have experienced before. RG

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By Lee Circuit Judge Margaret O. Steinbeck

Creed of Professionalism

(adopted by The Florida Supreme Court In re: Code for Resolving Professionalism Complaints, 116 So.3d 280 (Fla. 2013))

“I revere the law, the judicial system, and the legal profession and will at all times in my professional and private lives uphold the dignity and esteem of each.”

Photos courtesy of Jim Jett Photography

RES GESTAE | July 2015

n May 1, 2015, I had the opportunity to participate in a panel discussion, along with Judge Janeice Martin and attorneys Ed Cheffy and Amira Fox, on the topic of “Bench/ Bar Relations: Ethics for Judges & Lawyers.” The program was approved by The Florida Bar for Continuing Legal Education (CLE) credit and by the Court Education Division of the Office of the State Courts Administrator for Continuing Judicial Education (CJE) credit. It was inspired by LCBA President Anne Dalton’s theme for the LCBA’s “Year of Professionalism and Ethics.” In our community, we are fortunate that there is a close relationship between the Bench and the Bar, and many opportunities for social and professional interaction between lawyers and judges. These interactions promote a strong and functional judicial system, and are encouraged. But these interactions also have the potential to erode the public’s confidence in the integrity and independence of the judiciary, even when such relationships do not actually influence a judge’s judicial conduct or judgment. Following a series of recent misconduct cases involving relationships between lawyers and judges outside of our community, local judges and lawyers expressed some confusion about the rules regarding their interactions, especially on social media. We have a strong desire to avoid misconduct and the appearance of impropriety in our own communications and conduct. We are also committed to elevating the level of professionalism in the practice of law

within the Twentieth Judicial Circuit and improving the public trust and perception of the courts system. In thinking about these issues, I thought the best way to learn the limits on professional and personal relationships between lawyers and judges would be to bring lawyers and judges together to talk about the issues. I wanted to explore the following questions: How should lawyers and judges interact with each other inside and outside of the courthouse? What is the potential impact of a lawyer being a Facebook or other friend of a judge? What obligations do judges

have to disclose close relationships with lawyers or litigants and when are judges disqualified based on those relationships? What is the appropriate action to take when a judge or a lawyer receives information or has actual knowledge that a judge or a lawyer has engaged in misconduct or a breach of professional responsibility? How can lawyers and judges best work together to foster professionalism? To prepare for the May 1 CJE/CLE program, I enlisted the assistance of preeminent ethics experts and educators, Ed Cheffy, Amira Fox and

Collier County Judge Janeice Martin. We reviewed the Code of Judicial Conduct, the Rules of Professional Conduct, Judicial Ethics Advisory Committee opinions, ethics opinions published by The Florida Bar, and reported Judicial Qualifications Commission and Florida Bar cases involving judicial and attorney misconduct. (It turns out, there are some clear answers, and some not-so-clear answers to the questions posed in the preceding paragraph, as we discussed during the May 1 program, and which will be the subject of future Res Gestae articles.) There were 25 Circuit and County judges from throughout the Twentieth Judicial Circuit and 3 Second District Court of Appeal judges along with approximately 50 lawyers in attendance at the May 1 program. Based on the comments and written evaluations received from the program participants, I am happy to report that the program was a success. Several participants indicated that the presentation could be improved by more time for instruction and discussion, and I agree with that assessment. Hopefully, our conversations about these issues will continue formally and informally during this “Year of Professionalism and Ethics” and beyond. We are privileged to be a part of such a collegial legal community and should continue to seek opportunities to promote the dignity and esteem of the judicial system and the legal profession. RG Picture inset: Judges Margaret Steinbeck and Janeice Martin share a light moment during the LCBA’s firstever CJE. July 2015 | RES GESTAE

Legal Lens

LCBA Charity Golf Tournament The LCBA’s fifth annual Charity Golf Tournament raised $20,488 to benefit the Alliance for the Arts’ youth scholarships and ArtReach education programming.

Photos courtesy of Jim Jett Photography

RES GESTAE | July 2015

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Law and Ethics for Virtual Conflicts By Kevin Govern

The science fiction author William Gibson coined the term cyberspace in his short story, Burning Chrome (1982), before most of the public had a concept of, let alone experience with, using networked computer systems. Science fiction has given way to cyber reality, with 42.3% of the world’s population using the internet on a regular basis, some 741% growth between 2000-2014 alone (http:// www.internetworldstats.com/stats. htm). At the same time, cyber weapons and cyber warfare have become one of the most dangerous innovations of recent years, and a significant threat to national security. Cyber weapons can imperil economic, political, and military systems by a single act, or by multifaceted orders of effect, with wide ranging potential consequences. A nonexclusive list of early cyber incidents includes: •

•

1999: Chechen rebels use internetenabled propaganda, unknown Serbian hackers try to disrupt NATO military operations 2007: Syrian air defense is reportedly disabled by a cyber attack moments before the Israeli Air Force demolishes an alleged Syrian nuclear reactor; massive cyber attacks experienced by Estonia, with most of the compromised and attacking computers located within the U.S. 2008: Russo-Georgian war with integrated cyber and conventional operations RES GESTAE | July 2015

• •

2009: the whole of Kyrgyzstan is knocked offline during a time of domestic political crisis 2010: Stuxnet worm attacking Iranian nuclear centrifuges is identified as the most sophisticated state-sponsored malware.

Unlike past forms of warfare circumscribed by centuries of just war tradition and Law of Armed Conflict prohibitions, cyber warfare occupies a particularly ambiguous status in the conventions of the laws of war. Furthermore, cyber attacks put immense pressure on conventional notions of sovereignty, and the moral and legal doctrines that were developed to regulate them. State sponsored cyber warriors as well as hackers employ ever more sophisticated and persistent means to penetrate government computer systems; in response, governments and industry develop more elaborate and innovative defensive systems. My colleagues and co-editors, Jens Ohlin from Cornell Law School and Claire Finkelstein from the University of Pennsylvania Law School, and I had the privilege of editing and contributing to the writings of technical experts, industrial leaders, philosophers, legal scholars, and military officers who gathered on October 2012 for a roundtable conference in Philadelphia under the auspices of the University of Pennsylvania to examine the moral and legal issues surrounding cyber war and the rule of

law. The result of our collective efforts, the newly published Cyber War – Law and Ethics for Virtual Conflicts, available in paperback, assists those studying and working in the cyber realm in proactively addressing the ethical and legal issues that surround cyber warfare by considering, first, whether the Laws of Armed Conflict apply to cyberspace just as they do to traditional warfare and, second, the ethical position of cyber warfare against the background of our generally recognized moral traditions in armed conflict Cyber War explores these moral and legal issues in three categories. First, it addresses foundational questions regarding cyber attacks. What are they and what does it mean to talk about a cyber war? The book presents alternative views concerning whether the laws of war should apply, whether transnational criminal law or some other peacetime framework is more appropriate, or if there is a tipping point that enables the laws of war to be used. Secondly, it examines the key principles of the law of war, or jus in bello, to determine how they might be applied to cyber-conflicts, in particular those of proportionality and necessity. It also investigates the distinction between civilian and combatant in this context, and studies the level of causation necessary to elicit a response, looking at the notion of a “proximate cause.” Finally, it analyses the specific operational realities implicated by particular regulatory regimes. On the foreign policy and cyber war front, national

sovereignty and data privacy concerns presented the imperative for careful guarding through the conclusion and enforcement of any future Cyber Weapons Convention. Pertaining to the related challenges of domestic and international crimes, the continued success of the Convention on Cybercrime requires addressing myriad national and international data security and privacy concerns, including the respect for national sovereignty and data privacy considerations. In so doing, privacy must of course be balanced with legitimate law enforcement powers, but the mere creation of an international cyber crime and/or cyber war platform would enhance cyber security and freedom of expression. From a technical perspective, the prospect of oversight, regulation, and protection appears increasingly challenging but more urgent than at any prior time in history. RG Kevin Govern, Associate Professor of Law at Ave Maria School of Law, started his legal career as an Army judge advocate for 20 years. He has taught at the U.S. Military Academy, Hohn Jay College of Criminal Justice, and California University of Pennsylvania. He has published widely and spoken frequently on international and comparative law, national security and homeland security law, military operations, and professional ethics.

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Florida Drone Law The developing law governing commercial use of unmanned aircraft systems By Michael J. Corso, Esq.

y personal interest in the growing unmanned aircraft systems (UAS) world is seated in my background in starting to fly planes at age 14, in a father who was a mechanical engineer for Boeing, in having a B.S. in Aerospace Engineering from Purdue University (home of many astronauts) and my time in the United States Air Force with surveillance/aircraft reconnaissance as a pilot and engineer. Many in the business world who are interested in UAS operations ask: When can we start making money and using such systems for legitimate business interests? The main problem they face is a legal one: The current Federal Aviation Administration (FAA) stand is a bottleneck for the entrepreneurial energy flooding the drone industry. The commercial potential for small drone platforms is well documented. Business organizations estimate that small unmanned aircraft systems – or “sUAS” – will account for $82 billion in economic activity when they are integrated into the National Airspace System. Where does the value come from? It’s all about the data. Small drones offer ways to bring “big data” solutions to industries that have never had access to it before. The concept

is simple: sUAS platforms with specialized sensors can help clients operate more efficiently by quickly gathering relevant data. Precision agriculture is just one example. Small drones can be used in precision agriculture applications to help growers identify diseased, water-stressed or otherwise endangered crops. Growers can then strategically target their watering, fertilization or other treatment instead of hitting the “whole field” at once. New applications for this technology are being generated every day. However, the pioneers of this industry have a problem: the FAA regulations on commercial drones are confusing at best, confounding at worst, and are constantly changing. Let’s be clear: The FAA has a difficult task in writing permanent regulations for unmanned systems. Nevertheless, commercial operators are still facing tangled, unclear guidance on how to fly for profit. As things stand now, hobbyists – those flying for “fun” – are mostly free to fly with little oversight or restriction. Commercial operators face a more difficult situation. The FAA takes the position that any commercial operation – even if it is aeronautically identical to a hobbyist operation – is

Corso on the right with a RF-4C , tail number 923 ; USAF vintage 1971 on way to Vietnam

RES GESTAE | July 2015

Purdue University, 1971

impermissible unless the operator has “special permission” to fly. The FAA has created an exemption application process for getting permission to use commercially and 556 applications have been approved as of June 12, 2015. In Florida, the only current statute addressing drones is F.S. 934.50. Presently, that statute only addresses the permissible uses of a drone within the law enforcement world. It provides that a law enforcement agency may not use a drone to gather evidence unless certain exceptions are satisfied, such as obtaining a search warrant, high risk of terrorism and prevention of imminent danger to life or property. The 2015 Florida legislature has just amended F.S. 934.50, effective July 1, 2015, to broaden the prohibited use of drones equipped with an imaging device to any person with the intent to conduct surveillance on the individual or property

captured in the image in violation of such person’s reasonable expectations of privacy without his or her written consent. This amended statute does not prohibit the use of a drone in certain circumstances, including by an employee or a contractor for a property appraiser who uses a drone solely for the purpose of assessing property for ad valorem taxation; to capture images by or for an electric, water or natural gas utility; and for aerial mapping and delivering cargo as long as drone is operating in compliance with FAA regulations. The new statute will also provide civil remedies for a violation of said statute, including reasonable attorney fees to the prevailing parties. See F.S. 934.50 (5). In conclusion, this is a very vibrant, developing area, both technically and legally, so stay tuned for further developments. RG

Michael J. Corso is Board Certified in Civil Trial Law and Business Litigation. He is chair of the Tort and Insurance Litigation practice area at Henderson Franklin Starnes & Holt, P.A. He served in the U.S. Air Force, with four years as a JAG special prosecutor, and was the 2011 recipient of the Outstanding Aerospace Engineer Award from Purdue University's School of Aeronautics & Astronautics.

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Community Connection

By Sara Fitzpatrick Comito What do Denzel Washington, Jennifer Lopez, Jackie Joyner-Kersee, Martin Sheen, Sugar Ray Leonard, Smokey Robinson, Edward James Olmos and Shaun White have in common? They pursued their dreams with the support of Boys & Girls Clubs of America and became the successful and famous athletes, actors and musicians that they are today. Could they have done it without originally having entered the door bearing the words, “Great Futures Start Here?” As the Magic 8 Ball says, “Outlook not so good.” The Boys & Girls Clubs of Lee County exists so the future isn’t left to chance. The Lee County Bar Association engages in a wide array of programming for youth, as featured in Res Gestae's June issue cover story, which asserted, “By investing in kids, the LCBA invests in the future.” It explored the scholarships, hands-on learning activities, team building, civics education, recognition of educational excellence, mentorship and fundraising on behalf of young people that happens throughout the year. When it comes to kids, the LCBA, itself a non-profit organization, is philosophically aligned with the Boys and Girls Club, whose mission is: To enable all young people, especially those who need us the most, to reach their full potential as productive, caring, responsible citizens. After all, who has the time or inclination to work toward responsible citizenship when there’s no safe place to go, no adult supervision and difficulty meeting one’s basic needs? There are more than five Boys & Girls Club sites located in neighborhoods with the most need. And according to 2014 data provided by the Boys & Girls Clubs of Lee County, the need for its services is great. “Every day 14,647 kids in Lee County leave school with no place to go. They risk being unsupervised, unguided and unsafe.” Summer represents a time of critical need across Florida, with more than a million young people falling behind in their education because of a lack of access to summer learning programs. Poverty, high dropout rates, juvenile crime and even obesity are some of the negative trends affecting America’s kids that could be reversed by the Boys & Girls Clubs programs offered after school hours and during the summer. Some facts from the organization: Photos from top down: (1) More than 400 members are greeted by a caring adult in 5 Clubs in Lee County each weekday. (2) BGCLC members achieve Academic Success, with 88% maintaining a 3.0 GPA or higher. (3) All members are provided a healthy snack or balanced meal each day for free. (4) Members receive weekly art instruction in partnership with ArtFest Fort Myers.

RES GESTAE | July 2015

Academic Success: 25 percent of young people in Florida fail to graduate from high school on time. Low‐income and some minority youth graduation rates are considerably and persistently lower than the graduation rate for Florida youth overall.

Community Connection Good Character and Citizenship: 28 percent of U.S. youth ages 12 to 18 are bullied at school. More than 3,600 juvenile arrests occur each day across the country. Healthy Lifestyles: 28 percent of young people ages 10 to 17 in Florida are overweight or obese. In response to these troubling statistics, the Boys & Girls Clubs of Lee County provides STEM programs and other intensive learning experiences to help kids develop good study habits and spark their interest in science and math. Leadership and volunteer service programs strive to empower kids to become leaders with a passion for helping others. Triple Play, a comprehensive health and wellness program, helps Club members increase their daily physical activity, learn good nutrition and help them develop healthy relationships. The Boys & Girls Clubs of Lee County reaches 1,282 registered members, thanks to the dedication of 35 adult staff and 207 volunteers, but the need shows no sign of letting up. With your support the organization will create opportunities to help more kids and teens achieve great futures. Visit BGCLC.net or contact Shannon Lane at (239) 334-1886 for more information about how you can help. RG Photos from top down: (1) 91% of members completed 10 of more hours of community service last year, demonstrating their exemplary citizenship. (2) All clubs are staffed with professionally trained caring adults.

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The Dish

Chef Harold Balink Crü has gone through a lot of changes, mostly behind-the-scenes type things. It’s been a local culinary proving ground turning out some great chefs—nice guys and hot heads both. In the capable hands of Harold Balink (a stalwart representative of the former category) since 2009, Crü has had nowhere left to go but up. I still decry the loss of Harold’s on Bay, which was my first foray into fine cuisine in Southwest Florida. A girlfriend took pity on this northern implant in maybe 2002 or so, introduced me to Harold, and before long I was a frequent guest at his fabulous women’s wine dinners. He also conspired with my now-husband to surreptitiously present my engagement ring on a plate of strawberry cheesecake dessert ravioli. Suffice it to say I have a soft spot for the big chef. His stature matches his talent for and knowledge of food and wine, which are only outsized by his heart. An Internet search for his name will churn out links for numerous events he’s hosted or participated in for charity. Yours truly had the good fortune to serve as a judge for the Celebrity Chef CookOff this past March in support of the Imaginarium Science Center.

Blue Crab Cake

RES GESTAE | July 2015

Crave Culinaire (starring Crü nice-guy alum Brian Roland) and Fathoms Restaurant & Bar proved stiff competition. Those chefs certainly know their way around the secret ingredient, Florida hogfish. But ultimately Harold’s fresh, innovative cuisine reigned supreme, to borrow a phrase. Furthermore, the Imagine Gala broke records in this, its tenth year, and I hear tell the cook-off theme will return by popular demand for 2016. The online universe is less generous with web results for Harold’s actual restaurant. Its website is starkly presented and a bit hard to find in a Google search. One of the aforementioned changes at the restaurant includes a decreased emphasis on ego. Perhaps it does itself a disservice to refrain from a toot of its own proverbial horn, but the people who know food know Crü. And if you didn’t already, well there you go. I was pleased to take Mary Briedé for her first experience there, not knowing it would serve as a sendoff. (Best of luck on your new adventure!) Of course we had to order the spicy

Spicy Krab Rolls

The Dish krab rolls, a consistent treat even in the years B.H. (Before Harold). The verdict? Irresistible. The Big Funky salad always delights, with paper-thin prosciutto, shaved asiago, pistachios, kalamata olives, artichokes and avocado presented on a bed of spinach and arugula, all dressed with a savory roasted shallot vinaigrette. Other lunch items include the pressed cheeseburger with truffle fries and a coffee-based barbeque sauce, tenderloin carbonara with homemade bacon, tomato and asiago, and the blue crab cake, which Mary asserted was one of the best she’d ever tasted.

Call ahead to reserve your bar seat around an open grill, and Crü’s chefs will design a tasting menu around your personal preferences and budget. That’s what I call dinner and a show. RG

For those who may have been put off early on in Crü’s long run by the loud, crowded party atmosphere, try it again. Under Harold’s auspices, the atmosphere is still energetic, but squarely focused on the dining experience. There is occasional live music, and often an eclectic DJ. The outdoor seating area, great for people watching, is rather peaceful. South Beach-based gastro-lounge HaVen is expected to be completed across the way from Crü in 2016, which will likely draw the younger crowd, leaving us, er, grownups to enjoy a six month barrel-aged Manhattan in peace, while nibbling on some seared foie gras with cherries and pistachios.

Lunch 11:30 a.m. – 2:30 p.m. Monday – Saturday

Then we’ll fill our bellies with creative salads sourced from local growers like Rosie’s Tomorrows, giant sea scallops with lobster beurre blanc or maybe some nice braised short ribs. “Maybe,” because despite the paucity of Internet real estate allotted to Crü, its website is updated frequently to reflect a constantly changing menu based on seasonal, fresh ingredients and the caprices of the kitchen team. Adventurous diners should go for the Chef’s table.

Crü Bell Tower Shops 13499 S Cleveland Ave., Fort Myers EatCru.com • (239) 466-3663

Dinner 5:30 – 10 p.m. Monday – Thursday and Sunday 5:30 – 11 p.m. Saturday

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.

July 2015 | RES GESTAE

The Lee County Bar Association’s 100 Club Absolute Law

Garvin Law Firm

Parvey & Frankel Attorneys, PA

Aloia Roland & Lubell, LLP

Geraghty, Dougherty, Edwards, P.A.

Prather and Swank, P.A.

Arend & Sisk, P.A.

Goldberg, Racila, D’Alessandro & Noone, LLC

Associates and Bruce L. Scheiner, P.A.

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

Patrone & Kemp, PA

Bonita Springs City Attorney’s Office

Green, Schoenfeld & Kyle, LLP

Costello Royston & Wicker, P.A.

Grossman Law & Conflict Management

Boyle Gentile & Leonard, P.A.

Hahn Loeser & Parks LLP

Burandt, Adamski & Feichthaler, P.L.

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

Rubinstein, Holz & King, P.A

Calvo & Calvo

John Webb Legal Group, P.L

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

Coleman & Coleman

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

Spivey Law Firm, Personal Injury Attorneys P.A.

Pavese Law Firm Rhodes Tucker Roetzel & Andress, L.P.A.

Cole, Scott & Kissane, P.A.

Knott Ebelini Hart

Steinberg & Linn, P.A.

Cole Scott & Kissane, P.A., Bonita Springs Office

Kuhn Law Firm, PA Kushner & Kushner

Strayhorn and Persons, P.L.

DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A.

Lee County Legal Aid Society, Inc.

Engvalson & Associates, P.A.

Levins & Associates, LLC

Florida Rural Legal Services

McQuagge Law Firm

Fort Myers City Attorney’s Office

North Law Firm, P.A.

Weldon & Rothman, P.L.

Fowler White Boggs, P.A.

O’Halloran & O’Halloran, Attorneys at Law

The Wilbur Smith Law Firm, PLLC

Fried & Fried, P.A.

Osterhout & McKinney, P.A.

Yeslow & Koeppel, P.A.

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

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

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Collier County - Main Office (Across from Courthouse) 2650 Airport Road S, Suite A, Naples, FL 34112 • Phone: 239.774.4414 • Fax: 239.774.5261 Mediations hosted in this office only Collier County - North (Off I-75) 5659 Strand Court, Suite 109, Naples, FL 34110 • Phone: 239.774.4414 Lee County - South (Sunshine Professional Center) 9220 Bonita Beach Road, Suite 200, Bonita Springs, FL 34135 • Phone: 239.774-4414 Lee County (Premier Executive Center) 5237 Summerlin Commons Blvd., Fort Myers, FL 33907 • Phone: 239.774-4414 Charlotte County (Paulson Centre) 18245 Paulson Drive, Port Charlotte, FL 33954 • Phone: 239.774-4414

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RES GESTAE | July 2015

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On the Bench Hon. Ramiro Mañalich Judge Ramiro Mañalich arrived in Lee County this past January for what he calls his “second tour of duty,” returning to the criminal felony docket, on which he also served from 2009 to 2011. Having presided over every docket since Governor Bush appointed him as a county judge in 2003 and Crist brought him up to the circuit bench in 2008, the Bonita Springs resident is pleased to accept the position on a permanent basis. He enjoys “the opportunity to administer the law with the goal of achieving justice for everyone involved.” The docket has the most courtroom activity, and he characterizes the array of motions and trials as fascinating. Together, the judge’s parents set an example for perseverance. His father was an attorney at a Havana firm that was confiscated by the Castro regime. They fled Cuba in 1960 with their infant son and, after 3 years in Miami, the family relocated to the Midwest and he embarked on a second career as a Spanish professor. Judge Mañalich’s mother stayed at home and helped him adjust to a new language and environment featuring Nordic culture. Ramiro Senior retired as Professor Emeritus of Spanish at the University of Wisconsin-La Crosse. Through everything, Judge Mañalich’s parents supported his education and interest in sports. He was a ranked tennis player in high school, college and in the Wisconsin Men’s Open Division. Since law school he has been an avid runner. He is a lifelong fan of two professional football teams: the Packers and Dolphins. He has held Dolphins season tickets for 25 years and patiently awaits their return to the level of excellence established by former Hall of Fame coach Don Shula. Attorneys practicing before Judge Mañalich would do well to follow his advice: “Always be ethical, and love the law and the practice of the law. It’s a privilege to do this, and when you do it right and well, everyone in our society is better because of it. Don’t let the stresses and difficulties interfere with the positive, fulfilling aspects of this profession. With that attitude you’re sure to succeed.” When not on the bench, the judge enjoys travel, musical and sporting events, literature, running, and spending time with friends, his wife, two daughters and two rescued dogs.

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July 2015 | RES GESTAE

From the Bar P. Brandon Perkins, Esq. P. Brandon Perkins recently joined the statewide, 100 year old firm of Rogers Towers, along with his wife and Partner, Kristen Perkins, and Associate Alex Brockmeyer. Prior to joining Rogers Towers, the three composed the litigation department of the Fort Myers office of a boutique Miami law firm. Their individual and combined experience in civil litigation and appeals was a value to Rogers Towers. According to Brandon Perkins, “It is an honor to work at Rogers Towers alongside Doug Waldorf, our managing partner in Fort Myers and a giant in the banking and lending world. Having the opportunity to bring my team of litigators to this platform has offered us and especially our clients the benefits of a full service firm.” Perkins graduated from Fort Myers High School in 1993 and followed in his mother’s footsteps, becoming a chiropractor in 1999. It wasn’t the right career for him, as it turned out. “You get into a profession that’s not the perfect fit, and it becomes work. My mom is made for chiropractic; I’m made for the law.” His hypothesis was supported by his summa cum laude honors upon graduating from the University of Miami School of Law in 2002. As a lawyer, Perkins loves both the trial and appellate process. His theory is that every trial makes him a better appellate attorney and every appeal makes him a better trial attorney. His very first appellate case was a Petition for Writ of Habeas Corpus as an Assistant Public Defender in Tampa. Perkins noticed that Defendants who were arrested while out on bond would have their bond revoked on the original charges and not receive a bond on the new charges. This created a situation where Defendants would plead guilty to both charges just to get out of jail. Recognizing the unfairness, Perkins filed a Habeas Petition to challenge the longstanding process. Ten days later, the 2nd DCA issued an order that effectively ended Tampa’s perennial practice of denying bond to those who are arrested while out on bond. Over 50 appeals later, Perkins’ readily admits that he prepares his civil cases for both trial and appeal from the first day he is hired. When not at work, he enjoys kayaking with his family.

Isabel Diaz-Barroso

Quintairos, Prieto, Wood & Boyer, P.A. John Fredyma

Lee County Attorney's Office Jennifer Stamp Gutmore

Knott Ebelini Hart Christopher E. Halkitis

Sheppard, Brett, Stewart, Hersh, Kinsey & Hill, PA Louis Lira

Lee County Attorney's Office Marc Weiner

Palmetto Law Group, P.A

RES GESTAE | July 2015

From the Bar Marve Ann M. Alaimo, Esq. Marve Ann Alaimo was born in Chicago into a large extended immigrant Filipino family that includes many math and science professionals. She studied economics as an undergrad, and a tax law class later introduced a field that could incorporate her own logic and math skills. When she found out her grandfather served as a tax lawyer and revenue agent in his home country, everything seemed to fall into place. He was thrilled that she was attending law school. The pair didn’t talk a lot about the past up until that point, as he was ill, but spent a lot of time together watching old cop shows like The Rockford Files and Starsky and Hutch. He passed away just before she took the bar exam. The Cummings & Lockwood Principal started off doing general estate planning. Many clients approach her to avoid paying taxes. She knows she needs to dig deeper to ascertain the clients’ goals for their families, and then get to the tax considerations. She also constantly hones her litigation skills to deal with the adversarial aspects that exist when money and property are involved. “I’m a mother,” she explained, “and I have a very tight-knit family myself and I don’t like to see families fall apart.” One standout case involved a long-time divorcee who got married on his deathbed to his longterm girlfriend. He made changes to his estate planning documents in his own handwriting without consulting Alaimo. A lawyer told the woman to exercise her spousal rights, although she had promised not to interfere with the children’s inheritance. Alaimo administered the estate for many years, overseeing a lot of money and fielding a lot of emotion. It solidified her dedication to being a “holistic” estate planner. “There are a lot of pitfalls in the work that we do,” she concluded. Alaimo and her husband live in Naples with their two children, a 10-year-old girl who’s “going on 30,” and her mildly autistic older brother with a congenital kidney defect who requires daily dialysis. She is a Trustee of the National Kidney Foundation of Florida and past Chair of its Planned Giving Committee. Alaimo is also a talented musician, and sings with the choir at St. Elizabeth Seton Catholic Church in Naples on Sundays at 10:30.

35 Years. 3,500 Mediations. Experience Makes the Difference.

LPR

Leonard P. Reina, P.A. Attorney ■ Mediator ■ Arbitrator ■ Special Master

239.263.2059 www.LPReina.info LPReina@LPReina.com

Thinking Social Security Disability? Think Kushner & Kushner.

www.KushnerAndKushner.com Phone: 239.337.3600 • Fax: 239.337.1428

2121 West First Street • Fort Myers, Florida 33901

Mediation of Insurance Coverage and Extra Contractual Matters Anywhere in Florida Geoffrey H. Gentile, Esq. is available statewide to assist parties in cases where insurance coverage questions or issues of insurance good faith are the key to resolution. Geoffrey H. Gentile, Esq.

Statewide Experience: • Claims attorney, worked in claims dept of major carrier • In-house trial counsel for two carriers • Private firm insurance defense counsel, personal injury and property damage claims • Represented claimants in personal injury cases • Represented business and individuals in insurance coverage cases: commercial and personal lines • Represented both insurance companies and claimants in extra-contractual insurance matters 2050 McGregor Boulevard Fort Myers, FL 33901 239-337-1303

BoyleGentilelaw.com July 2015 | RES GESTAE

Legal Briefs Judge Brodie garners Collier, statewide awards Judge Lauren L. Brodie was named Woman Lawyer of the Year by the Collier County Women’s Bar Association (CCWBA). The CCWBA Woman Lawyer of the Year award is presented annually to a female lawyer who has excelled in her career, overcome stereotypes and promoted the status of women in the legal profession. Judge Brodie was also one of six women recently recognized as an Extraordinary Woman Leader in the State of Florida by the Florida Association for Women Lawyers. This award highlights the accomplishments of women lawyers who displayed vision, courage and passion in their community. She was chosen for her dedication and commitment in creating Drug Free Collier, where she served as its first President from 2005-2009. During her tenure, she created the Annual Community Awareness Luncheon and established several initiatives, including Operation Medicine Cabinet. Judge Brodie currently serves on Drug Free Collier’s Leadership Council.

Gutmore joins Knott Ebelini Hart Jennifer S. Gutmore has joined Knott Ebelini Hart as an associate. She will concentrate her practice in the areas of business and civil law. Previously, Gutmore served as an Assistant State Attorney in the Twentieth Judicial Circuit, where she gained extensive experience in both jury and bench trials. She worked as a judicial law clerk for Ohio Supreme Court Justice Terrence O’Donnell and as an Assistant Prosecuting Attorney prior to moving to Florida in 2007. Gutmore became a member of the Florida Bar in 2007 and the United States District Courts for both the Middle and Southern Districts of Florida in 2015. She received her Bachelor of Arts, cum laude, from Miami University in Oxford, Ohio and her law degree from the University of Cincinnati College of Law. She is a member of the Lee County Bar Association.

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LCBA Summer Poetry

ontest “Both poetry and law are acquired tastes, all the more surprising, to have such tastes ac quired by a single pers on,” wrote West Virgin University College of ia Law Professor James R. Elkins, editor of anthology Lawyer Poet the s and That World We Ca ll Law. We know that some me mbers put pen to pape r for more than legal br lawyers are competiti iefs. We also know ve, so the LCBA is holdi ng a poetry contest. If warming up for the ta you’ll need a little sk, we’ll give you a lon g deadline. Perhaps yo will inspire some origi ur summer travels nal verse. Poems will be judged by the Young La and the winner’s poem wyers Division, published in Res Gestae . Send an original poem on any topic and in an y style, of less than 40 lines, to resgestae@lee bar.org by August 31, 2015. Poems will be judged for origi nality, expression and writing skill. Send us your vers e!

RES GESTAE | July 2015

Has your client been arrested? SouthweSt Florida’S Criminal deFenSe lawyer Aggressive. Determined. Experienced.

Joe Viacava has successfully defended hundreds of criminal cases and is ready to help you and your client. All lawyers say that they are aggressive, but Mr. Viacava is known as the quintessential aggressive attorney. “Joe Viacava is a pit bull on cross-examination.” –NBC News Payment Plans • Aggressive and Thorough Investigation Top Quality Trial Performance Free, in-depth, personal initial consultation Referrals Welcome Private parking for clients • State of the art law office

JoeViacaVaLaw.com Main (239) 288-5969 • Cell (239) 410-8292 • Fax (239) 288-5572 Available 24/7 - “calls are put directly through to me, not an associate” Calls accepted ANYTIME from ANYPLACE TROUBLE may be found.

2036 McGregor Boulevard • Fort Myers, FL 33901 July 2015 | RES GESTAE

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FT. MYERS, FL PERMIT NO. 147

P.O. Box 1387 | Fort Myers, FL 33902-1387 (239) 334-0047 | Fax (239) 334-0523 LeeBar.org

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

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

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

For our convenient locations and services, please visit www.edisonnationalbank.com or call 239.466.1800

Legal Lens

D. Matthew Raulerson, Jeffrey Rice, Hon. Lauren Brodie, Hon. Mike McHugh

Deputy Christian Eriksen, Sgt. Janet Rincon, State Attorney Steve Russell

LCBA Golf Tournament The Annual Law Week Awards Luncheon recognizes outstanding law enforcement officers, educators and citizens of our community.

Commissioner Brian Hamman, Fort Myers Police Chief Doug Baker

President Anne Dalton with Liberty Bell Award winner Kevin Lewis

Edward Cheffy

Judge Archie Hayward, Chief ASA Amira Fox, Judge James Adams

Officer Cristian Muñoz-Luna, Steve Russell

Former Fort Myers Mayor Jim Humphrey

Officer Jarred Ciccone, Steve Russell

Kim Bocelli, Kristalyn Loson Photos courtesy of Jim Jett Photography

RES GESTAE | July 2015