Res Gestae - June 2015

THE OFFICIAL AWARD WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

JUNE 2015

Investing in kids

means investing in the future YLD health and wellness challenge Putting the ethics into e-discovery SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

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Contents

18

AD DIRECTORY

26 On The Cover: Lee County Mock Trial Champs, Fort Myers High School. Standing, L to R: Kaitlyn Salyer, Joshua Rivera, Amanda Duffy (captain), Assistant Principal Matt Bredenkamp, Mallory McGovern, Matthew DiBiase, Payal Majmundar. Seated: Mock Trial Chair Karla Y. Campos-Andersen, Hon. Josephine Gagliardi (mock trial judge). Not pictured: Sydney Eskin (captain), Casey Wexler, Jordan Pilant, Sarah McMullen.

Pictured above: students at Law Job Shadow Day Cover Photo: Jim Jett Photography

24

departments 6 Letter from the President

by Anne Dalton, Esq.

by Henry Lee Paul, Esq.

14 General Civil & Business Litigation

by Dr. Andy Cobb

15

Dellutri Law Group

13

Denise Kennedy

21

Derfel Injury Law

21

Dial A Nurse Inc.

13

Donna Tisch

11

Edison National Bank

BC

Fort Myers Court Reporting

13 9

Grant Fridkin Pearson, P.A.

30

Gregory Court Reporting Service

16 29 27 15

22 Community Connection

31

Law Firm of Scott T. Moorey

17

Multicultural Centre

Law Office of Kevin Jursinski & Associates 30

24 Legal Lens

Law Office of Kevin Jursinski & Associates 31 Lee County Legal Aid Society

34

28 The Dish

Leonard P. Reina

31

Leslea Ellis, LLC

27

Levins & Associates, LLC

23

Social scene photos

In Memoriam

12 Ethically Speaking

17

Calvo & Calvo Attorneys at Law

Kushner & Kushner Attorneys

7

10 Calendar of Events

Business Observer

Kuhn Law Firm

100 Club

25

by Lydia Black

16 Art Happenings

30 Real Estate

7

23

Buchanan Ingersoll & Rooney PC

IBC

by Beverly Grady, Esq.

Hon. Robert T. Shafer, Jr.

Boyle, Gentile & Leonard, P.A.

Joe Viacava Law

17

Jason L. Gunter, P.A.

8 Letter from the Editor

IFC

Boyle, Gentile & Leonard, P.A.

Hotel Indigo

by Sara Fitzpatrick Comito

by Kayla Richmond, Esq. & Blaze Douglas, Esq.

Ave Maria School of Law

Henderson, Franklin, Starnes & Holt, P.A. 11

18 The lighting of a fire 26 #Livewell in Lee County

9

Garvin Law Firm

features

Allied Business Solutions

The Golden Fork Café Where to buy, sell or lease

31 On the Bench

Magistrate Gilberto Perez

32 From the Bar

Jonathan A. Martin, Esq. Brian D. Zinn, Esq.

34 New Members 34 Legal Briefs

LIVINGSTON LOEFFLER, P.A.

9

Magnus Research Consultants & Graphics 15 McHale, P.A.

25

Merit Court Reporting, Inc.

21

Musca Law Office, Inc. Simon M. Harrison

3 30

Spivey Law Firm, P.A.

5

T 3 Communications

25

Veranda Restaurant

27

Von Ahn & Associates

32

News and happenings

It 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.

4

RES GESTAE | June 2015

We Have Expanded to Our New Location!

Please visit our new building at: 13400 Parker Commons Blvd., Fort Myers, Florida 33912 Located off Daniels Parkway, between Six Mile Cypress Parkway and I-75.

Maximum Referral Fees Paid

239-337-7483 888-477-4839 Serving ALL of Florida SpiveyLaw.com Randall L. Spivey, Esq. Board Certified Civil Trial Attorney Randall L. Spivey

Note from the President The Year of Professionalism and Ethics June marks the half-way point in our Year of Professionalism and Ethics.

Practice Section Chair Mary Briedé and Co-Chair Carlos Kelly started the year with a bang with their judicial and peer panel discussion of do’s and don’ts of professionalism and ethics in business depositions. February brought us columnist and former Bar Counsel Henry Paul leading an insightful panel discussion about the Professionalism Panel of the Twentieth Judicial Circuit.

March’s Bench/Bar dinner was a return to old-fashioned hospitality and good conversation with an outstanding meal and great music at Cristof’s on McGregor.

April saw yours truly and Bill Merchant, as Co-Chairs of the ADR Practice Section, with a lively panel and audience discussion of Professionalism and Ethics in Mediation and Arbitration. The Burroughs Home received high marks for throwing open its brand-new Pavilion for us to try out that month. In May, the LCBA was honored to sponsor the very first Continuing Judicial Education Program in its history, thanks to Judge Margaret Steinbeck’s Program on Bench/ Bar Relations: Ethics for Judges and Lawyers. We thank her distinguished panel for leading us to a record turn-out for this event and the Law Day event immediately following.

How do these events happen? As with most organizations, staff works incredibly hard behind the scenes to ensure all the myriad of details smoothly interact to form a seamless and (nearly) perfect event. The Bar is very fortunate to have the administrative leadership and vision of Executive Director Sharon Brotherton and her professional, can-do attitude. Prior to her assuming executive leadership of our Bar Administration this past December, Sharon had assisted the LCBA with bookkeeping and financial services for years. That, coupled with her hundreds of hours of volunteer efforts at Bar events, ensured that she was able to easily transition into our senior position. Interacting with Sharon ensures not only a cheerful, pleasant and respectful experience, but also results in a fresh and invigorating approach with insightful solutions. We all know what a pleasure it is to work with someone who considers every proposal with “How can I help make it happen, efficiently and cost-effectively?”

After the LCBA Golf Charity Event on June 6, which this year benefits children’s art-related scholarships at the Alliance for the Arts, the Bar generally takes a break in June, July and early August to enjoy summer vacations. However, Sharon will be using this time to fine-tune events for Fall, 2015 and Winter, 2016, and reach out to our judiciary and attorneys, so that we can continue to bring you ever more timely and relevant CLE programs and social events to educate and delight all Bar members. With the able assistance of T. Rankin Terry, Esquire, she will continue undertaking the yeoman’s task of updating our CLE Library, available for check out by Bar members. I would urge all members of the Bar to use this summer season to get acquainted with Sharon and share ideas, feedback, comments, and questions with her.

Anne Dalton, Esq. adalton@daltonlegal.com | (239) 337-7900 6

RES GESTAE | June 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 Amanda Mitteer-Bartley, 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 Mary Ellen Briedé, 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.

In Memoriam Hon. Robert T. Shafer, Jr. The Honorable Robert T. Shafer, Jr. passed away April 22, 2015 after a short illness. He served as Chief Circuit Judge for the Twentieth Circuit, and retired in 2004, having been on the bench since 1977. Prior to his long service as a judge he was a senior partner with Henderson, Franklin, Starnes and Holt, P.A., and served as the president of the LCBA in 1968.

Judge Shafer was born September 11, 1929 and is survived by Barbara Hough Shafer, his loving wife of 64 years, three children, seven grandchildren, and his brother and sister-in-law, Wendell and Mary Hough.

He was an elder of First Presbyterian and Covenant Presbyterian Churches in Fort Myers, and a member of both churches’ choirs. He and Barbara taught Bible study classes at Covenant Presbyterian Church and Caloosa Harbor Retirement Center for more than 20 years. Judge Shafer served as president of the Southwest Florida Historical Society and the American Red Cross.

Judge Shafer was a resident of our community since 1956. He was a graduate of Withrow High Hon. Robert Shafer (left) with Hon. Hugh D. School in Cincinnati, and received a B.A. in 1951 from the College of Wooster, where he met Hayes at the LCBA Past Presidents Luncheon Barbara. He received the Bronze Star for valor during his service in Korea with the U.S. Marine in 2014.

Corps. He then earned his J.D. from the University of Cincinnati College of Law in 1956.

The family requests that donations in honor of Judge Robert T. Shafer, Jr. be made to Covenant Presbyterian Church to support education, 2439 McGregor Boulevard, Fort Myers, FL 33901.

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.

June 2015 | RES GESTAE

7

Letter from the Editor “Community is something we do together. It’s not just a container,” said sociologist David Brain at University of Miami in a 2004 presentation.

“Infrastructure, roads, water, sewer, electricity and housing provides the shell within which people live. It is within this shell that people do the things together that allow them to sustain livelihoods. These include but are not limited to education, health care, business, recreation, and spiritual celebration. People working together with shared understandings and expectations are what provide a place of strong community.”

The purpose of the LCBA is to “further the education of its members, to create meaningful interaction among its members, and to inform the community on important legal matters.” A subset of our mission is “promoting our legal system and resources within our community.”

Our cover feature article celebrates how the members of LCBA enhance our community by working for the benefit of the next generation of citizens, business owners, teachers, artists and even lawyers. Between the Second DCA Q&A session for students as part of Law Week, the presentation of the James Adams Teacher of the Year Award recognizing a special educator who instills respect and knowledge for our justice system and the three branches of government, the fundraising efforts of the Young Lawyers Division on behalf of the Guardian ad Litem Foundation, the Charity Golf Tournament supporting kids’ causes, mock trial, scholarships and Constitution Week Speakers in the Schools program, the LCBA ensures a strong foundation for children, which represent an extremely valuable “resource” within our community.

Law Week, which recently concluded, provided ample opportunity for members to share legal resources with the community, with programs including Law in the Mall, Blood Drive, the presentation of the Law Enforcement Officers of the Year Awards to recognize the individuals who go above and beyond in their policing roles to keep us safe and help us prosper, and the presentation of the Liberty Bell Award to honor one exemplary citizen.

This issue includes a contribution on behalf of the General Civil and Business Litigation practice section on ethics and e-discovery. You will also enjoy Henry Paul’s article on Florida Bar Rules regarding conflict of interest, and the YLD’s focus on health tips that benefit all of us.

As the media focuses on deep divides in our communities, we see that we are challenged to continue to live the LCBA mission. Our members’ involvement in “promoting our legal system and resources” remind us to continue to work in and for our community to become a better place. There is a place to connect with LCBA and apply your energy and talent to creating the shared “understandings and expectations” that we know are integral to a strong sense of community.

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

RES GESTAE | June 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 Sara Fitzpatrick Comito Kayla Richmond, Esq. & Blaze Douglas, Esq. 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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June 2015 | RES GESTAE

9

Calendar of Events

June 5

June 18

July 8

Noon, Square 1 Burgers, 5031 S. Cleveland Ave., Fort Myers. Kimberly Bocelli, YLD President

Noon, Courtroom 5C, Lee County Justice Center. Dustin Butler and Ryan O’Halloran, Co-Chairs

Noon. Topic: Ethics in Depositions: Preparing your Client for Deposition

Young Lawyers Division Lunch Meeting

Investiture of the Honorable Mary C. Evans

Family Law Practice Section Brown Bag

After Hours Social

3 p.m. Historic Lee County Courthouse, Commission Meeting Room 1

5:30 – 7:30 p.m. at Firestone’s Martini Bar, 3rd Floor; 2224 Bay Street, Fort Myers. Sponsored by iBeriaBank

Portrait presentation reception for The Honorable John E. Steele

SWFL Federal Court Bar Association Charter Member Wine Tasting Event

3 p.m. at United States Courthouse

June 6

Annual Charity Golf Tournament

7 a.m. check-in, 8:30 a.m. shotgun start at Pelican Preserve Golf Community, 9802 Pelican Preserve Blvd. Nongolfers are welcome to attend and enjoy the many off-course activities that are planned, including lunch and the silent auction, for $25. To sponsor or donate an item for the auction, contact Sharon Brotherton (239) 334-0047; info@leebar.org or Amanda Bartley, Event Chair ABartley@ chartwelllaw.com. Benefits Alliance for the Arts ArtReach Program.

5:30-7:30 p.m. at Naples Wine Collection in the Shoppes at Vanderbilt, 2367 Vanderbilt Beach Road, Naples. Honored attendees will include US District Judge Sheri Polster Chappell and US Magistrate Judge Carol Mirando. Complimentary for members and $15 for non-members.

RSVP by June 11, 2015 to swfedbar@ gmail.com. Contact Sharon Hanlon at shanlon@zelmanandhanlon.com for membership information.

June 24

ADR Practice Section CLE

Noon, Hearing Room 4-O; Anne Dalton, Chair; Bill Merchant, Co-Chair

CANCELED - LCBA Executive Council Mtg

General Civil & Business Litigation Practice Section Lunch Meeting

July 10

RPPTL Brown Bag

Judge Kyle’s Hearing Room, 4J

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

July 22

LCBA Executive Council Meeting

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

July 30

Land Use Section Lunch Meeting

Noon at Lee County Public Works, 1500 Monroe Street, 1st Floor Conference Room. Russell Schropp, Chair

June 24-27

Annual Florida Bar Convention

At Boca Raton Resort & Club. Visit www.floridabar.org/annualconvention for details.

June 25

June 12

Land Use Section Lunch Mtg

RPPTL Brown Bag

Judge Kyle’s Hearing Room, 4J

Noon, Lee County Public Works, 1500 Monroe Street, 1st Floor Conference Room. Russell Schropp, Chair

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

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RES GESTAE | June 2015

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June 2015 | RES GESTAE

11

Ethically Speaking

4-1.8(a) TRANSACTIONS WITH A CLIENT

By Henry Lee Paul Many lawyers simply do not realize how transactions with a client are so broadly construed under Rule 4-1.8 (a)(Conflict of Interest – Business Transactions With or Acquiring Interest Adverse to Client). A transaction with a client under Rule 4-1.8(a) can include payment or securing payment of legal fees as well as non-fee related transactions.

If a lawyer is paid by client property, or takes an interest in client property, this will be considered a transaction under the rule.

The disclosure and consent requirements required to do business with a client, or to take a pecuniary interest adverse to a client, are perhaps the most stringent in the rules. The policy behind the strict disclosure requirements is based on the concern that the attorneyclient relationship imbues the lawyer with an extraordinary trust and confidence that creates a substantial risk of overreaching and abuse.

Rule 4-1.8 gives guidance as when and how a lawyer may do business with a client. Except for a lien “granted by law” to secure fees or expenses, a lawyer may not do business with a client or obtain an ownership, possessory, security or other interest adverse to the client, unless: 1) the terms are fair and reasonable and fully disclosed in writing, 2) the client is advised in writing it is desirable to obtain advice of independent counsel regarding the transaction, and 3) the client gives informed consent in a writing signed by the client concerning the essential terms of the transaction and explaining the lawyer’s role and whether the lawyer represents the client in the transaction.

The exception of a lien “granted by law” in order to secure attorney’s fees or expenses is limited. A lien “granted by law” is generally considered to include only charging and retaining liens, and is generally not considered to include security interests created by contract.

If a lawyer is paid by client property, or takes an interest in client property, the disclosure and consent requirements must be fully complied with. The fair valuation of the value of the property is an important consideration and the lawyer has the burden to establish the fair value.

In drafting appropriate disclosure and consent documents, a lawyer must also take into consideration other rules, including Rule 4-1.7(a)(2) (Conflict – Personal Interest) and Rule 4-1.5

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RES GESTAE | June 2015

(Fees). Additionally, Rule 4-1.8(i) prohibits a client from taking a proprietary interest in a cause of action.

Adequate disclosure must include full disclosure of potential risks. Many lawyers simply do not realize the requirements of compliance, which includes advising the client that the lawyer does not represent the client in the transaction and that the client should obtain independent counsel.

Violation of the rule can result in severe discipline. In addition to fee related matters, examples of misconduct include taking loans from or giving loans to a client, being in business with a client, referring clients to a business entity owned by the lawyer, and selling law related services to a client.

A lawyer may be subject to the provisions of the rule even if non-legal services are provided to a client. Rule 4-5.7 (Nonlegal Services) places the burden on the lawyer to make certain the client understands that nonlegal services are not provided under the protection of the attorney-client relationship. 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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13

General Civil and Business Litigation

Ethics and Electronic Discovery

What does one have to do with the other?

By Dr. Andy Cobb

In 2006, the Federal Rules Of Civil Procedure were amended to explicitly address electronically stored information (ESI). ESI encompasses anything that was created and/or stored digitally, such as: digital documents, spreadsheets, emails, videos, pictures and text messages. In recent years, bar associations have taken on the ethical issues of attorneys handling ESI.

ABA Rules Of Professional Conduct In August 2012, The ABA House of Delegates approved recommendations to the Rules of Professional Conduct (RPC) sponsored by the ABA Commission on Ethics 20/20, including Recommendation 105A, which amended the rules as follows: • Rule 1.0 – “Writing” now communication”

includes

an “electronic

• Rule 1.1 – Comment [6] adds an attorney’s duty to stay informed about changes in practice and relevant litigation technology • Rule 1.6 – Adds section (c), identifying duty to prevent inadvertent disclosure of confidential client information • Rule 4.4 – Adds “electronically stored information” to provision about sending prompt notice when lawyer receives third party information The above changes leave little room for the argument that electronic discovery is not contemplated by the RPC. For example, the terminology definitions of Rule 1.0 now specifically include mention of electronic records and communications. Rule 1.1, Competence, sets the foundation for other rules affected by ESI. For example, a lawyer using an email system to communicate with opposing counsel must understand how a client’s information can be inadvertently disclosed through email or document metadata.

Further, the lawyer must understand their ethical obligations when sending or receiving confidential client information. The ABA outlines responsibilities of the sender (Rule 1.6(c)) and the recipient (Rule 4.4(b)) when client information is inadvertently

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RES GESTAE | June 2015

disclosed, but doesn’t discuss whether this information can be used. The Florida Bar, however, states that “metadata is to be considered by the receiving lawyer as confidential information which the sending lawyer did not intend to transmit.”

Applicable Florida Bar Opinions With regards to specific Florida opinions that cover confidential information, Opinion 06-2 (September 15, 2006), states that a lawyer who inadvertently receives information via metadata in an electronic document cannot use the metadata and “should notify the sender of the information's receipt.” The opinion does not, however, address metadata in the context of discovery documents.

A more recent opinion, Opinion 12-3 (January 25, 2013), addressed the use of cloud storage or computing systems: “Lawyers may use cloud computing if they take reasonable precautions to ensure that confidentiality of client information is maintained, that the service provider maintains adequate security, and that the lawyer has adequate access to the information stored remotely. The lawyer should research the service provider to be used.”

Conclusion Today, ongoing training is required by lawyers to “keep up” with the latest technologies used by attorneys to communicate or store ESI. Understanding these technologies and their impacts on legal obligations, like protecting client confidentiality, goes to the heart of many of the rules of professional conduct, for both federal and state bar associations. RG

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Art Happenings

Summer Arts Camp Summer is nearly upon us and that means one thing here at the Alliance – there will be singing, dancing and creating in every square foot of our facility! For 27 years the Alliance has served more than 100 young people each week in Summer Arts Camps – introducing the next generation of artists and leaders to a wide spectrum of the arts. Campers act, sing, dance, create visual art, and build sets out of recycled materials for weekly final performances.

Every Friday, hundreds of parents and grandparents fill our theatre to watch campers perform. Many times this is their first formal performance with voice, chorography, public speaking and stage presence. It really is magical every single time.

Over the years we’ve had the pleasure of watching our campers grow in confidence, become better public speakers and show teamwork and creativity. Each summer we see the evidence first hand. When children engage with the arts they aren’t just learning new skills, they are becoming more creative individuals, ones who can see not only what is in front of them, but what is possible. Research has connected student learning in the arts to many academic and social benefits, including better self-directed

By Lydia Black

learning habits, sharpened critical thinking skills, and overall improved creativity. Research has also shown that what students learn in the arts may help them in other subjects, like reading, math or social studies.

But, summer arts camp isn’t only about arts exposure – it’s also just downright fun! Summer Arts Camp gets kids moving, unplugs them from technology, helps improve their social skills, makes them more independent, and oftentimes at the end of the week lasting friendships have been made. Engage your child in the arts this summer at one of Southwest Florida’s great arts camps!

Alliance for the Arts – www.ArtInLee.org – 239-939-2787 BIG ARTS Center – www.bigarts.org – 239-395-0900 Camp Florida Rep – www.floridarepeducation.org - 239-332-4488 Center for the Arts of Bonita Springs – www.artcenterbonita.org 239-495-8989 Laboratory Theatre -- www.laboratorytheaterflorida.com 239-218-0481

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By investing in kids, the LCBA invests in the future

By Sara Fitzpatrick Comito

Photos courtesy of Jim Jett Photography

"The living soul of man, once conscious of its power, cannot be quelled."

-Horace Mann 18

RES GESTAE | June 2015

Read the From the Bar and On the Bench profiles in this issue, and you’ll notice a common theme: our two featured attorneys and newly minted magistrate all got their start in the profession because of a spark ignited somewhere along their early educational journey. Magistrate Gil Perez got a push toward the bench by a prescient ninth grade teacher who liked his style as a mock trial judge. Attorney Brian Zinn was impressed by the orderliness that characterized an accident case trial during a school trip to the local courthouse. Jonathan Martin appreciated the power attorneys held to affect people’s lives when the ACLU took up a case against his high school, catapulting it into the national headlines. It’s not that this magazine purposefully sought out LCBA members with a strong career epiphany story, but chances are if you’re reading these words, you had someone, somewhere along the way, who inspired you and nurtured your aspirations for your current profession. It’s fitting, then, that your professional association would offer a good deal of programs dedicated to inspiring, educating and uplifting the youth in the community.

Shadowing success Attendees at the May Law Week Awards luncheon were able to congratulate Heather Bishop of Island Coast High School for receiving the Dr. James A. Adams Lee County Teacher of the Year Award for Law-Related Education.

This distinguished educator Heather Bishop accepting her award from had nine years’ Beverly Grady. teaching experience in Lee County when she went to Florida International University College of Law, earned her JD and then came back to impart an understanding and respect for law to her students. The LCBA recognizes dedicated teachers like Bishop who go above and beyond to prepare a young population for civic engagement and maybe inspire one, two or a dozen students to consider a legal career.

Law Week also provided an opportunity for students to observe oral arguments with the Second District Court of Appeals and satisfy their curiosity in a question-and-answer session with the judges. It’s a unique opportunity for our young people to enjoy direct access to the inner workings of the justice system, and many of the 2DCA judges have expressed that it’s one of their favorite activities in their official capacity.

In February, the LCBA partnered with Junior Achievement for the second year to present Law Job Shadow Day. Students who are interested in pursuing a career in law arrived in the

jury room and learned the ins and outs of our jury system.

Clerk of Courts Linda Doggett showed the kids around her office and explained all the things that go on there. The young people then found themselves on the right side of the bars as they toured the jail and learned how inmates are processed. An observation of a courtroom proceeding followed, along with a Q&A session. Pavese Partner Christina Harris-Schwinn, herself a Junior Achievement alumna, represents the happy outcome of a grateful mentee going on to become a mentor, which is something LCBA members can expect to see time and time again when they support programming focused on the next generation.

Wesley Randolph, a second-year student at University of South Carolina Law School and son of LCBA Past President Mike Randolph, got his start with an LCBA office internship in 2009. “The Bar was always putting on events and reaching out to members, so it seemed like the organization did a lot to foster a sense of community among the legal field here,” he said. “Seeing that made me want to be a part of it all and was one of the factors that led me to law school.”

2DCA Judges Craig C. Villanti, Marva L. Crenshaw and Matthew C. Lucas answer students’ questions before oral arguments.

Keep on keepin’ on Bishop Verot grad Martin Ebenger is finishing up his first year at University of Central Florida, and was the 2014 LCBA Scholarship recipient.

The scholarship is administered through the Uncommon Friends Foundation. His goal is to be accepted to the top four law schools in Florida and then choose one, and it doesn’t look like anything is standing in his way. “The night of the scholarship award ceremony was life changing for me,” he LCBA scholarship recipient Martin said. “Just the fact that I was Ebenger June 2015 | RES GESTAE

19

sitting and being surrounded by the top attorneys in the area was enough for me. But, it was also the fact that they gave me such great advice. They really cared about my future. They told me when I get into college not to let anything distract me and keep making top grades to get into a top law school. I did what they said this year and I can proudly say I have earned a 3.9 and am in the National Honor Society.”

Nichole Lamaritata has benefitted from her interactions with the LCBA in numerous ways. The Ida S. Baker High School grad received the 2012 LCBA Scholarship and interned at the association’s office that same year. Now a Stetson University junior, Lamaritata offers this advice for students getting ready for college: “be prepared for anything. There are a lot of opportunities waiting for you to discover them and don’t let anyone hinder your aspirations or tell you you can’t do something.”

Lamaritata was also involved with Mock Trial, which has a long history of spurning the development of real attorneys.

Consider Cameron Siggs, attorney-coach for the Lee County Mock Trial champs, Fort Myers High School. The Assistant State Attorney participated in mock trial as a kid, with Mike McQuagge as his coach. He has no lack of enthusiasm for the Green Wave, their grasp of procedure (“Bar card-carrying lawyers don’t know the rules of evidence as well as those kids did.”), ability to think on their toes and prospects for the future.

These are the future engineers, doctors and—yes—lawyers. Just like him. “The high school mock trial program is the sole reason I became an attorney.” Powerful testimony, isn’t it? And next year, he’s determined for the team to dominate at regional, just as they did at county. The team they lost to had no fewer than three ASA coaches. Next time they’ll be ready. “I’m recruiting more of my colleagues,” he promised.

Winning teams Judge Josephine Gagliardi was the final round judge for the Lee County Mock Trial competition. She said, “I really like doing this because I’m able to see these kids improve.” Positive feedback is a valuable incentive, and there’s always plenty to compliment the kids on. There is the delivery of opening statements without notes, for instance. But she does dash their hopes when they request permission to move about freely as they talk. “I was taught as a lawyer that you don’t move away from the podium,” she explained with a laugh, and confirmed it breaks their hearts when she denies them. “You have judges that are nice and some that are mean, so they need to know both sides.”

There is no downside to participating in Mock Trial. Chair Karla Campos-Andersen can match you up with a team and help you get started. Some teams can’t even get off the ground for lack of a coach. And imagine if a young Karla hadn’t had the opportunity to be part of Mariner High's winning teams for three years in a row. Between Constitution Week with its Speakers in the Schools program, the LCBA Charity Golf Tournament benefitting kids’ causes for the last several years, the Young Lawyers Division’s work for the Guardian ad Litem Foundation and all the youth programs through the LCBA, there are plenty of ways to help instill and sustain a love for the legal profession.

As President Anne Dalton quoted William Butler Yeats on another occasion in this magazine, “Education is not the filling of a pail, but the lighting of a fire.” Martin Ebenger’s testimonial about the attorneys surrounding him at the scholarship presentation might be all you need to know about how the LCBA’s focus on kids is molding our future lawyers: “They were all so friendly and kind. That night my decision was final! I wanted to be just like them.” RG

Kaitlyn Salyer, Matthew DiBiase, Payal Majmundar, Amanda Duffy (captain), Assistant Principal Matt Bredenkamp, LCBA Member-At-Large Aaron Haak, ASA Cameron Siggs (attorney coach), Mallory Mc Govern, Joshua Rivera. Not pictured: Sydney Eskin (captain), Casey Wexler, Jordan Pilant, Sarah McMullen.

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RES GESTAE | June 2015

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Community Connection

By Sara Fitzpatrick Comito

as the foundation for the event, the Multicultral Centre of Southwest Florida is a 501(c)3 organization. Therefore, your contributions are tax deductible and go directly to the costs associated with the Big Backpack Event.

Vendors, sponsors and volunteers are needed to help make this year’s event the biggest ever. Your donations will help the organization meet its goal of raising $20,000 to serve As local schools wind down their school year, the Multicultural 2,000 Lee County school-age children with new backpacks and Centre of Southwest Florida is gearing up for its big event, the Big school supplies.

Backpack Event. Many of our members will be familiar with this It’s a nice thing to talk about inclusion and diversity, but the Big back-to-school outreach program because they’ve been involved Backpack Events is as grassroots an effort as you can find. What with it in some capacity or another over the 16 years that it’s better way to promote multiculturalism than to provide a level provided free backpacks and school supplies to area children. playing field for all families and kids in need, and help eliminate the barriers to a meaningful education? Over its 16 years, the Big Backpack Event has served children entrenched in an ongoing cycle of poverty and those whose families have simply hit a rough patch because of a downturn in the economy, the loss of a parent’s job, a debilitating illness or any number of unforeseen situations.

They represent every ethnic background and walk of life. The Big Backpack Event has come a long way since Leonardo Garcia and Jim White founded The Multicultural Centre of Southwest Florida in 1999, when it served 50 children. More than 30,000 Lee County schoolchildren have been served since 1999, and the need is a While most Lee County residents are familiar with the Big Backpack great as ever. The organization needs your help so no children will Event, the Multicultural Centre of Southwest Florida enjoys less be turned away. name recognition. Its mission is to promote and embrace diversity in the community and enable Lee County school children of all Sponsorships are available from $750 to $10,000 and include an cultures get to school each year with confidence and pride. Serving array of promotional opportunities, including mention in radio This year the big event happens from 10 a.m. to 2 p.m. on Sunday, August 2 at Harborside Event Center. Did we mention it’s big? Last year more than 15,000 people enjoyed the festival atmosphere, more than 2,000 kids received backpacks and school supplies, and approximately 50 vendors provided services and fun. Admission is free, and includes live multicultural youth entertainment on the main stage, including hip hop, salsa, Irish step dancing and more.

Kids will receive free haircuts, eye exams and fingerprinting. They just need to have a parent or guardian with them.

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RES GESTAE | June 2015

Community Connection

and TV commercials, a speaking slot during the event, listing on posters and flyers, a plaque of appreciation, banner display and more. An extremely budget-conscious approach would be the Adopt A Student program. For $10 you can directly make a big difference in the life of a Lee County student, with 100-percent of your donation being used to purchase a new backpack and school

supplies including notebook paper, folders, pens, pencils, crayons and glue. Volunteers are needed from 8 a.m. to 3 p.m. on the big day to help distribute the backpacks to the kids. A light lunch will be provided. To learn more about how to help (or get help) visit www.multiculturalcentre.org. RG

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Legal Lens

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

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

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

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RES GESTAE | June 2015

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#Livewell in Lee County

By Kayla Richmond, Esq. LCBA YLD Secretary & Blaze Douglas, Esq.

T

he Lee County Bar Association’s Young Lawyers Division (“YLD”) recently accepted the state-wide challenge to focus on health and wellness for the month of May. Following the lead of the Florida Bar Young Lawyers Division, who designated May 2015 as “The Florida Bar YLD Health & Wellness Month,” the Lee County YLD hopes to encourage those in Lee County to also “#livewell.”

Young Lawyers are coached throughout law school to practice a work-life balance, but many soon realize as they begin their careers that it’s not as easy as it sounds. Whether working for a large firm, a non-profit organization, a government entity, or hanging one’s own shingle, the stresses of impressing a boss, learning the law, assisting clients, and making a living begin to trump any focus on health and wellness.

To us in the Young Lawyers Division, practicing health and wellness can be done in a variety of ways. It’s choosing to avoid caffeinated beverages, such as sodas and coffees. It’s making sure to exercise at least three times a week. It’s catching our favorite TV show or having a few minutes of peace and quiet.

It’s gathering as a family to have dinner together. It’s catching some rays under the Florida sun!

Spending time in the sun is a great way to boost endorphins and get your essential dose of Vitamin D. Recent studies have shown that increased Vitamin D levels in employees lead to healthier and more productive work-places. Some researchers have even gone so far as to recommend work-place programs to encourage employees to increase their intake of Vitamin D. Fortunately for us Floridians, a quick break outside can provide the nutrients and boost we need to combat depression, stress, and a variety of other health issues.

To promote health and wellness the Young Lawyers Division participated in a paddle boarding social on May 16th with the Collier County Young Lawyers Division. Members focused on health and wellness by exercising, spending time with friends, making some new friends, and soaking up that Vitamin D. We now challenge members of the Young Lawyers Division and also general members of the Lee County Bar to make a midyear resolution to eliminate one unhealthy habit or start one healthy habit, and to #livewell. RG

LCBA Young Lawyer Division members joined their peers from the Collier County Bar Association's YLD to socialize while paddling off Bonita Springs. As part of The Florida Bar's YLD Health and Wellness Month, these young lawyers got a heaping dose of vitamin D on their quest to #Livewell.

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RES GESTAE | June 2015

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The Dish to advise you to dunk the fresh baked biscotti di prato cantuccini that comes with it (delightful for soaking up your coffee, not good for your chompers to nosh on dry).

Golden Fork Cafe

By Sara Fitzpatrick Comito

“Fresh homemade food and plenty of it!” That’s the tagline of the Golden Fork Café of Fort Myers, and it’s a true statement.

Is it just me, or does there seem to be something of a mom-andpop renaissance happening? Could it be the chain restaurants are falling out of vogue in favor of little independent eateries? Nothing would please me more, but it could never happen as a purely political movement—quality, choice, atmosphere, affordability and consistency are the pillars on which small business restaurants can compete. I’d also add affability. Little casual oases we’ve profiled in this space, such as Gwendolyn’s Café, Dani’s Daytime Diner, The Gathering Place, The French Press and Mermaid Garden Café, develop and keep their loyal followings partially owing to their ability to deliver on the criteria I’ve just identified, but the personalities behind those businesses are the real driving force behind their success. The Golden Fork lands squarely among such peers because the experience of dining there is as much an expression of the proprietors’ passion as anything else.

This is a real family restaurant. Sure, there’s something on the menu for everyone, and those with tots in tow would be welcomed. But this charming restaurant, which transformed the space formerly occupied by Nino’s (and Mamma Mia and Mangia Bene) into a cheerfully colorful, whimsically homey destination, is steeped in family. Frank Martini will chat you up at the entrance as he rolls out dough for cinnamon rolls, cuts out blueberry scones, whisks up a batch of muffins or sets to fixing a black-bottom peanut butter pie.

Order a French press for the table, and he’ll likely bring it personally

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RES GESTAE | June 2015

Maybe “curse” isn’t the right word, but a location that houses several restaurants in quick succession can exert a stagnating influence. Nino’s was there for a long time, but the next two came and went in a New York-pizza minute. And to shake the red-andwhite tablecloth/chanti-in-a basket cliché takes a bit of airing out.

Nothing a lot of vision and a few trips to the paint store can’t fix.

Franks’ wife is Marcia, and their daughter is Meredith, partnerowner with chef-husband Ben Alicku. The four enjoy each other’s company, and it shows in their attention to hospitable details, such as that biscotti flavored with anisette and crunchy with almonds.

The Golden Fork name, by the way, comes by way of a childhood memory for Meredith of a large golden fork on display in her grandmother’s dining room. The fork-inspired artwork throughout is in fact artful, and not kitschy in the least.

I assumed it was my dining companion’s influence that attracted the personal attention of the owners. Turns out LCBA President Anne Dalton simply knew what everyone has already discovered: as The Golden Fork is a reflection of the family that owns it, every customer is treated with warmth and kindness. Marcia told me, “We think of our restaurant as an extension of our home where everyone is welcome.”

So enough talk, let’s dig into the food. The Golden Fork has carved out a robust niche as a breakfast place, but lunch is a great way to sample a world of comfort food, with Sunday Pasta Days featuring recipes handed down from Marcia’s grandfather and Polska Tuesdays with kielbasa, pierogies and golumkies (stuffed cabbage).

Every day is special at the café. Just see the website to find out when to enjoy homemade meatloaf, pizza and flatbreads made from superfine “00” flour sourced from Naples (Italy, not Florida!),

The Dish On the weekend or as any any-day-of-the-week treat, try the cinnamon raisin walnut French toast made with fresh bread and served with melted cream cheese and real maple syrup. Fried chicken with a crispy, fluffy waffle for breakfast? Yes. Homemade biscuits and gravy? You could probably twist my rubber arm.

Marcia said, “We would like to be here a very long time and become good neighbors to the Fort Myers community.” With this family’s dedication to fresh, homemade food and warm hospitality, that shouldn’t be much of a challenge. RG home cooked BBQ pulled pork on a freshly baked Kaiser roll, and “dirty dogs,” which are all beef franks served New York style or with chili.

If you like fried green tomatoes, order it as an appetizer any day of the week. It’s as light and elegant a presentation as one can do, rendering those underripe orbs crispy and satisfying, served with crumbled feta and a tangy dipping sauce. Fresh salads, soups and sandwiches are also always on offer.

The Golden Fork Café 3086 Cleveland Avenue, Fort Myers (239) 245-7816 www.thegoldenforkcafe.com 7 a.m. to 3 p.m. ~ everyday

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.

Sara Fitzpatrick Comito is the Communications Editor for CONRIC PR & Happy Hour 5:00 pm – 7:00 pm Thursday - Saturday Marketing | Publishing, and associate editor of Res Gestae magazine. For suggestions and Live Music • Art and Music Walk • Great Roof Topfeature, Bar contact Sara comments on this regular at Sara@ConricPR.com.

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RES GESTAE | June 2015

Ingenuity matters.

On the Bench Magistrate Gilberto Perez At the end of May, Gil Perez ascended to the Lee County family law magistrate bench. It’s the culmination of a career that began with the gentle prodding of an influential educator. “In ninth grade, my Legal Studies teacher, Mr. Potter, kept making me the judge in all of our mock trials,” Magistrate Perez said. As a high school junior he took an elective course in psychology, which fascinated him and led to a bachelor’s degree in that field, providing a solid framework for a career focused on family law. It is the area where he feels he can make the most significant difference in people’s lives.

In one standout case during his career, Perez represented a childhood friend and her husband.

“After some challenges, they were able to adopt their two foster children. There wasn’t a dry eye in the courtroom that afternoon.” As a magistrate he intends to provide timely hearings and rulings in his high-volume docket. “Often times, those cases which require the court’s intervention are the ones that are the most contentious. I think these families will benefit from getting to court as soon as possible and then getting their results shortly thereafter,” he explained.

Taking the magistrate bench is a natural next step for the attorney who has long been focused on serving the community, whether as a legal aid attorney, assistant attorney general or assistant state attorney. He was such an active board member for the Lee County Legal Aid Society that representatives of that organization told this magazine they have accepted his resignation with a great deal of, well, resignation. Attorneys who will practice in front of Magistrate Perez would do well to come to court prepared: “Know your client, the facts of your case, and the law.” A good measure of professional courtesy will also go a long way, especially toward opposing counsel and pro se litigants.

Perez expects his 20 years’ experience as an attorney to serve him well. “In those twenty years, I have fostered the ability to work well with and respect others, regardless of their education level, socioeconomic status or origin.” When not on the bench, he values spending time with family and friends for a quiet evening at home or dinner and a show.

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From the Bar Jonathan A. Martin, Esq. Jonathan Martin joined Parvey & Frankel Attorneys, P.A. early this year, in what he describes as the smoothest possible transition from the State Attorney’s Office, where he served as the sole prosecutor in Glades County as well as a felony prosecutor in Lee County. The young attorney is afforded plenty of learning opportunities and the benefit of his long-time lawyer colleagues’ experience, but there is also a continuity in his career trajectory. Although he’s no longer focused on punishing wrongdoers, “I still get to advocate for individuals who have been injured or harmed in some way and figure out the best way to help them.”

Martin first became interested in law while a student at Fort Myers High School. The ACLU got involved in a federal lawsuit to stop the school district from teaching an elective course in Bible history. The district prevailed, but the scrutiny had a chilling effect throughout the county as many students chose to avoid taking that class because there had to be cameras in the classroom. “I remember seeing how influential the legal system was – even affecting my own education,” he said. “If I didn’t get involved in the legal profession, someone else could be making serious decisions for me.”

He so values his sense of personal agency that he’s even stepped foot into the political arena.

Having gained campaign experience in his bid for the Florida House in 2012, Martin has been elected as the Chair of the Lee County Republican Executive Committee. He considers it a key position to promote the ideals of smaller, more-efficient government. “It’s very important for people to be involved in the legacy they want to provide,” he said. “I enjoy helping good people get in office and stay in office.”

Martin previously served as the President of the Hendry-Glades Bar Association where he sponsored a holiday toy drive for disadvantaged children. He was also a member of the Professionalism Committee of the Twentieth Judicial Circuit. When he’s not at work, Martin enjoys hunting, fishing and playing golf and basketball. He enjoys spending time with his brother who is a Mental Health Counselor at the Salvation Army locally, and traveling to Australia to visit his mom.

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RES GESTAE | June 2015

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From the Bar Brian D. Zinn, Esq. Brian Zinn wanted to be an attorney since a high school field trip to watch a trial at the local courthouse. Most impressive to this student was “how everything was done in an orderly fashion and how both sides got to present their case in a fair manner.” Zinn was the first in his family to go to law school, and the first to go to college. He zeroed in on bankruptcy and contract law because of an influential educator. “Like many of us in law school, you actually end up liking the subject because of the teacher.”

Bankruptcy remains a fascinating area because it’s not static; rather, principles of the law are always subject to change. For instance, Zinn filed a bankruptcy for a gay couple whose marriage was recognized in their former home state of Vermont but not in Florida, and the Defense of Marriage Act was under review by the U.S. Supreme Court. A joint bankruptcy cannot be filed unless the parties are considered a married couple. “We were ready for a fight, but the U.S. Trustee didn’t challenge it,” he recalled.

The bankruptcy reform law of 2005 presented a unique opportunity to identify and take advantage of a loophole. The Brooklyn native had just arrived in sunny Southwest Florida.

Florida residents had not been permitted to elect the federal bankruptcy exemptions, which govern how much property a petitioner can keep. Zinn thought the language of the new law could allow a Florida resident to file a federal exemption. “I was the new kid in town,” he said. “No one wanted to listen to me.” That is until Bankruptcy Judge Alexander Paskay ruled in his favor in a landmark case in 2006.

Another important landmark in Zinn’s life is the Greek Cultural Garden in Cleveland. In 1981 author Byron Preiss buried treasured in 12 locations, and planted clues in his book called The Secret. A year later, one of the treasures was found, likely with the author’s assistance to help book sales. Decades later, the other 11 caches remained undiscovered until Zinn teamed up with some people on the internet and ascertained his target location. The Cleveland paper ran an extensive feature on Zinn’s successful search, and a documentary film is in production.

LCAWL thanks the sponsors of its Judicial Appreciation Reception Jennifer Basey, Edward Jones Financial Advisor Aloia, Roland & Lubell, LLP Associates and Bruce L. Scheiner, Attorneys for the Injured BB&T Insurance ServicesOswald Trippe and Company CopyLady, Inc. Fried and Fried, P.A. Goldstein, Buckley, Cechman, Rice and Purtz, P.A. Hahn Loeser & Parks, LLP Henderson, Franklin, Starnes & Holt, P.A. Pavese Law Firm Ruth Messmer Florist Spivey Law Firm Personal Injury Attorneys, P.A. Von Ahn Associates, Inc. Thomson Reuters Westlaw

June 2015 | RES GESTAE

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Legal Briefs Neymotin earns CCBA’s Medal of Honor Ita Neymotin was awarded the Medal of Honor for her contributions to the community by the Collier County Bar Association as part of its Law Week celebration.

As a member of the Ave Maria School of Law Curriculum Committee advisory board, Neymotin implemented an internship program in which 35 students have participated to date. It provides firsthand experience of the inner workings of Florida’s criminal and civil law. Neymotin’s office has even hired several of the people that have gone through the internship program.

The Medal of Honor also recognizes Neymotin’s volunteer service as a teacher of the Florida Advanced Criminal Law and Procedure class at Ave Maria School of law. Neymotin is also the Chair of the Twentieth Judicial Circuit Professionalism Panel.

State Attorney announces new worthless check program “Merchants lose thousands of dollars every year due to offenders who pass bad checks,” said State Attorney Steven B. Russell. “Worthless checks affect our entire community.” To fight this growing problem, which requires ever-increasing amounts of money to hold offenders accountable, Russell has organized a new Worthless Check Restitution Program to help victims recover quick restitution without cost to them or increasing the financial burden on taxpayers of the Twentieth Judicial Circuit and the criminal justice system. Check offenders will now have the opportunity to avoid criminal prosecution by paying immediate and full restitution and completing a mandatory online educational class. If the check writer does not comply with the requirements of the program, prosecution proceedings can begin.

To submit a worthless check to the program and for more information call (239) 533-1000 or visit www.sao.cjis20.org/worthless_checks.htm.

Ashley Czajkowski

Law Office of Ashley Czajkowski, P.A. Donna Marie Collins

Lee County Board of Commissioners Kristalyn J. Loson

City of Fort Myers Timothy McCan

Luis E. Insignares, P.A. P. Brandon Perkins

Rogers Towers, P.A. D. Matthew Raulerson

Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Kenneth R. Turner, Jr.

Bergermann Law Firm

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RES GESTAE | June 2015

For the 1st Quarter (i.e., January 1, 2015 through March 31, 2015) of Grant Year 2015, LCLA’s Lee County project assisted 64 individuals in its Family Law Program or 22.85% of the Target Base.

Lump Sum Alimony:

$18,005.00

On-Going Child Support (yearly): Retroactive Child Support:

Equitable Distribution of Retirement:

Equitable Distribution of Major Assets (Residence):

$226,084.06

$98,081.44 $8,317.22

$60,501.00

Value of Money Saved – Debt Distribution: $11,071.65 TOTAL FINANCIAL OUTCOMES: $422,060.37

We would also like to add “ Thank you to the Lee County Bar Association and its members for their continued support!”

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