Res Gestae - October 2015

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

From the classroom to the boardroom... there’s

NO ROOM FOR

BULLIES THE LCBA SAYS NO TO RECIPROCITY

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

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PLUS Florida Bar Association Members receive up to an additional $2,500 Off the MSRP on all remaining 2015 Jaguar Models

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Contents AD DIRECTORY Allied Business Solutions Boyle, Gentile & Leonard, P.A.

34

Boyle, Gentile & Leonard, P.A.

16

Buchanan Ingersoll & Rooney

7

Buschbom Mediation

18

22

features

26

It's time to stop tolerating bullies

by Sara Comito Fitzpatrick

by Anne Dalton, Esq.

8 Letter from the Editor

by Beverly Grady, Esq.

10 Calendar of Events 12 Ethically Speaking

by Henry Lee Paul, Esq.

14 RPPTL Practice Section

by Matthew A. Linde, Esq.

16 Art Happenings 20 Legal Lens

Social scene photos

22 Community Connection

Animal Refuge Center (ARC)

4

RES GESTAE | October 2015

23

Denise Kennedy

13

Dial A Nurse Inc.

27

Donna Tisch

17

Edison National Bank

BC

Fort Myers Court Reporting

7

Garvin Law Firm

9 15

Hotel Indigo

27

J. Tom Smoot III

16

Jaguar Fort Myers

IFC

Jason L. Gunter, P.A.

23

Law Firm of Scott T. Moorey

IBC 16 9

Law Office of Kevin Jursinski & Associates 29 11

Leonard P. Reina

23

Leslea Ellis, LLC

30

Levins & Associates, LLC

13

Livingston Loeffler, P.A.

25

McHale, P.A.

21

24 Member-at-Large Ballot

Merit Court Reporting, Inc.

17

25 100 Club

Musca Law Office, Inc.

26 The Dish

Simon M. Harrison Spivey Law Firm, P.A.

5

T 3 Communications

28

Veranda Restaurant

25

Von Ahn & Associates

13

departments

Dellutri Law Group

Lee County Legal Aid Society

admission by reciprocity

6 Letter from the President

27

Kushner & Kushner Attorneys

28 Resolution against

Calvo & Calvo Attorneys at Law

Joe Viacava Law

18 No Room for Bullies

28

Henderson, Franklin, Starnes & Holt, P.A. 30

Cover: April Bordeaux

9

Business Observer

Get Smart Bail Bonds

20

7

The Pecking Order

29 On the Bench

Hon. Mac McCoy

3 21

31 From the Bar

Anais Bimonte, Esq. and Mark Martella, Esq.

32 Kudos

Awards and accolades

33 In the News

News and happenings

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

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Note from the President

events for a 6 month term.

“Live in such a way that you would not be ashamed to sell your parrot to the town gossip.” - Will Rogers

LEE COUNTY BAR ASSOCIATION

As part of 2015’s Year of Professionalism and Ethics, the Bar’s Executive Council has started a brand-new Bar Scholarship Program, with a goal of helping newer attorneys become more easily integrated into our local legal community in a professional manner.

Executive Director ~ Sharon Brotherton

As head of the Young Lawyer’s Division, the Executive Council’s very able Kimberly Davis Bocelli formed a committee to develop the YLD Scholarship Program, which includes waiver of fees for LCBA membership and attendance at Bar monthly meetings/

The criteria for receiving a LCBA Scholarship are straightforward and relatively simple: financial need (i.e., student, unemployed, non-profit attorney, attorney employed by a state or federal government, or similar); practicing in southwest Florida for a period of three (3) years or less; and intent to participate in LCBA and YLD events and programs.

The conditions of receipt of the scholarship are equally straightforward.

The recipient must attend no less than 4 LCBA monthly meetings/events; participate in the Young Lawyers’ Division and attend no less than 4 YLD monthly meetings; participate in at least one LCBA practice section (other than YLD) and at least one LCBA committee; and volunteer at either the golf tournament (for the spring scholarship) or the BBQ (for the fall scholarship).

Anais Bimonte is the first YLD Scholarship recipient. Ms. Bimonte, who was admitted to practice in Florida in 2012, is the Private Attorney Involvement Coordinator and staff attorney with Florida Rural Legal Services, as well as co-chair of the Bar’s Pro Bono Committee. She has already enthusiastically entered into her six month scholarship services for the Bar and we are excited to have her talents here.

The YLD is now accepting applications for up to 5 new scholarships for the January-June scholarship term, with a deadline of December 1. We urge all LCBA members to encourage any attorney who meets the above criteria to apply. More information can be obtained by contacting Kimberly Davis Bocelli at kbocelli@ralaw.com.

In this month of honoring all our pro bono lawyers, I would like to give a special shout-out to Amanda Mitteer Bartley. Through the YLD and various Bar committees, Ms. Bartley has worked tirelessly behind the scenes to make all of our Bar events successful. In the past year, she became a partner in the Fort Myers regional office of The Chartwell Law Offices, LLP. Her duties there, as well as her focus on family, have led her to step back a bit from the Bar, but she is still with us as co-chair of the Social Committee. Thanks for your many years of service, Amanda!

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

RES GESTAE | October 2015

ADMINISTRATIVE TEAM 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 Theresa Daniels, Esq. MOCK TRIAL Karla Campos-Andersen, Esq. PRO BONO Aaron Cilek, Esq. & Anais Bimonte, 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 Marisa Boysen, Esq. FAMILY LAW Dustin Butler, Esq. & Ryan O’Halloran, Esq. GENERAL CIVIL & BUSINESS LITIGATION George Knott, Esq.. & Carlos Kelly, Esq. LAND USE & GOVERNMENTAL LAW Neysa Borkert, Esq. & Amanda Brock, 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 Making every moment count in your busy life is a challenge. We are pleased to bring you an exciting edition of Res Gestae with articles that deal with challenges in the practice of law and challenges in our community. Our feature article addresses workplace, cyberspace and schoolyard bullying.

Last week my pastor recounted that after moving to a new school during his middle school years he encountered a bully that took his lunch money everyday. Do you recall your experience with a bully? Consider the impact of feeling powerless, and how that impact has only increased with anonymous bullies in cyberspace. This article explores workplace policy to encourage a culture of mutual respect, and the big questions surrounding the legislation of human interaction.

Did you know that there are currently over 101,000 members of the Florida Bar? Of that vast professional demographic, the LCBA is composed of more than 740 current members. The Executive Council has reviewed the Preliminary Report of the Multijurisdictional Practice – State Focus Committee and the New Mexico Recommendation and Petition supporting Florida’s adoption of Admission to the Florida Bar by Motion/Reciprocity. The Executive Council unanimously adopted (and published in this issue) the Resolution opposing admission by Motion/Reciprocity as the Executive Council is not aware of any problem with the current system regarding the ability of out-of-state attorneys to practice law by either pro hac vice admission or by gaining full admission to The Florida Bar by taking the Florida Bar Exam.

As always, we are fortunate to have Henry Lee Paul, who this month provides a meaningful article that all of us need to review to keep current on trust accounts and its responsibilities.

The Real Property and Probate and Estate Planning Practice Group delivers insight on estate planning without transfer tax issues.” Co-Chair Matthew Linde asks in his title, “How hard can it be?” and don’t those sound like famous last words!

This month’s Community Connection focus is on Animal Refuge Center.

Whether you have room in your life for a new best friend, I’m sure you’ll find room in your heart for this great cause.

The award-winning Res Gestae magazine is here to help members find references to other attorneys and find services that they need in the calendar of events such as practice section meetings and the continuing legal education seminars preceding the LCBA monthly lunches. We hope you enjoy the opportunity to read challenging and interesting articles, and would appreciate receiving your ideas, suggestions and comments.

Mark your calendar for November 14, the date of the annual Bar-B-Que. It’s the first time the LCBA will be joining up with the Hendry-Glades Bar Association.

Plan to bring the family and make some new friends!

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

RES GESTAE | October 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. Matthew A. Linde, 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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9

Calendar of Events October 2

Young Lawyers Division Meeting Noon, Prime de Leon, 33 Patio De Leon, Fort Myers. Kimberly Davis Bocelli, YLD President

October 3

LCBA Veterans and First Responders Legal Clinic

10 a.m. – 2 p.m. at Southwest Florida Military Museum and Library; 4820 Leonard Street, Cape Coral. FREE to veterans and first responders with ID and/or DD-214. Hosted by the Pro Bono Committee. Anais Bimonte and Aaron Cilek, Co-Chairs

following. Title: “Tactical Intimidation and the Professional Oath: Ethical and Professional Considerations for Litigation Adversaries” (1 Hr. Ethics application pending). Panel: Hon. Josephine Gagliardi, Hon. Ramiro Mañalich, Doug Malloy and Ken Oliver.

PJ Scheiner, Chair Tort Law Practice Section and Keith Upson, Chair Criminal Law Practice Section

8:00 a.m. check-In, Run starts 8:30 a.m., Walk starts 8:35 a.m. Lakes Regional Park. $25 per participant. Alina Gonzalez-Dockery, Executive Director

Noon – 1 p.m. Charity: Animal Refuge Center. Lunch without CLE $15 members, $25 non-members

October 28

Noon, Judge McHugh’s Hearing Room, 4R, Lee County Justice Center. Topic: “The Three Horsemen of the Appellate Court: Preservation, Jurisdiction and Proper Argument.” Speakers: Margaret H. White-Small, Stacy Sherman and Lisa Worthington. Matthew Linde and Kenneth Kemp, II, Co-Chairs

5:15 – 6:15 p.m., Conference Room, Roetzel & Andress, PA.

October 15

Lee County Legal Aid Society’s Inaugural Jog for Justice 5K

General Membership Meeting – Pro Bono Awards Program

October 8

Joint Appellate Law and RPPTL Brown Bag

November 7

LCBA Executive Council Meeting

October 29

Land Use & Governmental Law Practice Section Lunch Meeting

Noon. Lee County Public Works, 1500 Monroe Street, 1st FL Conf Room.

Neysa Borkert and Amanda Brock, CoChairs

November TBD

RPPTL Practice Section Brown Bag

Noon, Judge McHugh’s Hearing Room, 4R, Lee County Justice Center.

Matthew Linde & Kenneth Kemp, II, Co-Chairs

November 14

FIRST EVER JOINT Glades, Hendry & Lee County Bar Associations BAR-B-QUE

Voting Opens for 2016-2017 Member-At-Large 12:01 a.m.

Family Law Practice Section Brown Bag

Noon, Lee County Justice Center; Courtroom 5C. Case Law Update, presented by Dustin Butler (CLE Credit Pending). Dustin Butler and Ryan O’Halloran, Co-Chairs

October 16

Tort Law & Criminal Law Practice Sections Team CLE

11 to 11:50 a.m., Sidney & Berne Davis Art Center, $35 members, $60 nonmembers. Includes membership lunch

November 6

Young Lawyers Division Meeting

Noon, The Golden Fork Café, 3086 S Cleveland Ave, Fort Myers.

Kimberly Davis Bocelli, YLD President

Thank You to our Annual Sponsors for 2015

10

RES GESTAE | October 2015

Noon – 5 p.m., Meal provided at 1p.m. The Smoot Property, 6250 Jackson Rd., Fort Myers.

Judge Jack Lundy returns as our master chef. $15 ages 13 & up, $10 children ages 7-12, FREE for children under 6.

Contact Lisa Poulin admin@ leebar.org to register.

Calendar of Events November 16

Voting CLOSES for 2016-2017 Member-At-Large Noon

November 18

Ethics in Depositions: Preparing your Expert for Deposition Noon, Lee County Justice Center, Hearing Room 4-H. Presented by the General Civil & Business Litigation Practice Section. Mike Maxwell, speaker. Carlos Kelly & George Knott, Co-Chairs

November 19

SAVE-THE-DATE

Family Law Rodeo

Noon, Lee County Justice Center; Courtroom 5C. Presented as part of the Year of Professionalism & Ethics (CLE Credit Pending). Dustin Butler & Ryan O’Halloran, Family Law Practice Section Co-Chairs

November 26 – 27

LCBA Office Closed for Thanksgiving Holiday

LCBA Annual Holiday Party WHEN: December 9, 2015 ~ 6-9 p.m.

WHERE:: Burroughs Home & Gardens 2505 First Street, Fort Myers, 33901 THEME: Hawaiian Party COST: $10 donation to Holidays in January for our Young Lawyers Division

LCBA Executive Council Meeting

Please R.S.V.P. by December 1 to Lisa Poulin at admin@leebar.org, call (239) 334-0047 or register online at www.leebar.org

5:15 – 6:15 p.m., Conference Room, Roetzel & Andress, PA.

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

EVENT: When: Time: Where: Costs:

1 ST ANNUAL JOG FOR JUSTICE 5K RUN/WALK Saturday, November 7, 2015 Arrival 8:00 a.m. Runs starts 8:30 a.m. Walk starts 8:35 Lakes Regional Park, 7330 Gladiolus Dr., Fort Myers, FL 33908

Registration (9/8/15 to Race Day):

$25.00

Lee County Legal Aid Society will hold its first time ever Jog for Justice 5k Run/Walk in Lee County on November 7th, 2015. The event will benefit the general operating fund of Lee County Legal Aid Society. The Jog for Justice is a fun, easy way to show your support for Lee County Legal Aid and the great work we do!

REGISTER TODAY! www.active.com For more information: www.jogforjustice5k.com

October 2015 | RES GESTAE

11

Ethically Speaking

AMENDMENT TO TRUST ACCOUNTING RULES

By Henry Lee Paul, Esq.

T

he Supreme Court amended the Rules Regulating The Florida Bar in SC14-2088, effective October 1, 2015. The most significant amendment deals with trust accounting Rule 5-1.1(a)(1) (Trust Account Required, Commingling Prohibited). The amendment states: A lawyer may deposit the lawyer’s own funds into trust to replenish a shortage in the lawyer’s trust account.

Any deposits by the lawyer to cover trust account shortages must be no more than the amount of the trust account shortage, but may be less than the amount of the shortage. The lawyer must notify the bar’s lawyer regulation department immediately of the shortage in the lawyer’s trust account, the cause of the shortage, and the amount of the replenishment of the trust account by the lawyer.

Prior to this amendment, the Supreme Court took the position that if a lawyer replaced funds in a trust account that were missing with their personal funds, that this constituted prohibited commingling. See, The Florida Bar v. Rousso, 117 So. 3d 756 (Fla. 2013). In the Rousso case, a lawyer was disbarred when the firm bookkeeper, a non-lawyer employee, embezzled in excess of $4 million dollars. The bookkeeper absconded to Argentina. After the lawyer discovered the funds were missing he “endeavored to honor every known client liability for trust account funds.”

These efforts included replacing a portion of the missing funds with personal funds. He fully cooperated with law enforcement and The Florida Bar and hired an accountant to conduct a full audit of the trust account. There was a hearing in which the Referee appointed by the Supreme Court found the lawyer not guilty of commingling and recommended a 12-month suspension for other violations. The Supreme Court reversed as to the recommendation that there was no commingling and as to the sanction.

12

RES GESTAE | October 2015

The lawyer was disbarred and was found guilty of commingling by the Supreme Court. The Court admonished: To cover the deficits in the trust account, Respondents used personal funds, funds borrowed from family, money borrowed from a client, funds from credit lines, and proceeds related to a claim against the firm's malpractice insurer. These funds were personal to Respondents. Trust accounts are reserved for client funds related to lawyer representation and should not be used as a repository for a lawyer's own property.

In order to allow a lawyer to mitigate any potential trust account loss to a client, the Court accepted the proposed amendment by The Florida Bar. This amendment is in the best interest of clients.

However, the Court has imposed a stringent requirement that all such mitigation must be immediately reported to The Florida Bar. The Supreme Court has consistently emphasized that trust accounting compliance is a priority. The Court considers compliance as essential to safeguard against the type of employee theft that occurred in Rousso. The best way to avoid the dilemma of mitigation and self-reporting is to spend the time necessary to comply with trust accounting requirements. The Florida Bar website has many helpful resources on the website to assist any lawyer with compliance questions. 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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RPPTL Practice Section

Estate planning without transfer tax issues How hard can it be?

By Matthew A. Linde, Esq.

The number of elderly people as a percentage of the

Judy would like to talk to you privately.

population is increasing. Thus, an increasing number of individuals need the assistance of a qualified estate planning attorney to ensure their goals are implemented. The following fact pattern is a relatively common situation that estate planning attorneys deal with. Please note that transfer (estate, gift, and generationskipping) tax issues are beyond the scope of this article.

It has taken you approximately fifteen minutes to gather this information, and you are starting to think that you need to talk to your friend, Becky Brilliant, Esq., an experienced estate planning attorney. You leave the room, call Ms. Brilliant, convey the fact pattern to her, and ask for her help. Ms. Brilliant tells you that you need to consider the following issues:

You are just beginning your estate planning practice and John and Judy Smith walk in accompanied by Judy’s son, Barney. John is 82, Judy is 72, and they have now been married for five years. You discover that John has two children from a prior marriage, Fred and Betty. Judy has two children from a prior marriage, Wilma and Barney. John and Judy do not have a prenuptial agreement, and John wants to give his home to his son Fred, who is disabled. John currently has a revocable trust and the only asset in this trust is John’s home, which he transferred to the trust before he married Betty. John’s trust states that the home should be sold on John’s death and that the proceeds should be given to Fred “as needed.”

1. Who is your client? Are you representing more than one party?

Is there a potential conflict of interest? If there is a conflict has it been explained to the clients? See Fla. Bar R. 4-1.7.

John wants to leave $750,000 to Betty, because of her help over the years. John would like to leave the rest of his assets to Judy, but after talking to Barney, he is starting to reconsider.

John has heart problems and is starting to become forgetful. Judy is in good health. John has $1,500,000 of assets consisting of John’s home (in the trust) worth $500,000, a stock and bond account worth $500,000, and an IRA worth $500,000. Judy has a checking account with $10,000 and an IRA worth $50,000. Neither John nor Judy have long-term care insurance.

The meeting was set up by Barney. John has taken a liking to Barney after Barney built a deck on John’s home last year. John wants to make some changes to his trust and “avoid probate.”

John wants Barney to become successor trustee of John’s trust.

14

RES GESTAE | October 2015

2. Are you stumbling into an attorney-client relationship with individuals you do not want to represent by giving them advice on which they rely? See Togstad v. Vesely, Otto, Miller & Keefe, 291 N.W. 2d 686, 693-94 (Minn. 1980).

3. Why is Barney in the room with his mother and John? Why did Barney set the current meeting? Are you stumbling into an allegation of undue influence resulting in litigation? See Hack v.

Janes, 878 So. 2d 440 (Fla. 5th DCA 2004).

4. Does John have the legal capacity to execute estate planning documents? See Marston v. Churchill 137 Fla. 154, 158 (Fla. 1939).

5. What type of disability does Fred have? Will transferring assets to Fred disqualify Fred from received need-based benefits?

Does Fred need a special needs trust? See generally 42 U.S.C. § 1396(p) and the relevant Social Security Administration’s Program Operations Manual System (POMS) available at https://s044a90.ssa.gov/apps10/poms.nsf/aboutpoms.

6. Because there is no prenuptial agreement, under Aronson v.

Aronson 81 So. 3d 515, 519 (Fla. 3d DCA 2012), at the moment of John’s death his homestead property will pass outside of

probate “in the twinkle of an eye” to his wife for life, and then to his surviving children, Fred and Betty.

7. Even if Judy waives her right to the homestead pursuant to Fla. Stat. §732.702(1), forcing a sale of John’s homestead will destroy his creditor protection and make an exempt asset non-exempt and available to John’s creditors on his death.

See Knadle v. Estate of Knadle, 686 So. 2d 631, 632 (Fla. 1st DCA 1996).

8. If Judy survives John, she has a right to thirty (30%) percent of the “elective estate” pursuant to Part II of Chapter 732 of the Florida Probate Code, in addition to her rights to homestead, exempt property, and allowances as provided in Part IV of Chapter 732. See Fla. Stat. § 732.2105.

concerning this case.”

“Becky, I am going to give them your card. Can you take this case?”

“I don’t have a conflict with John,” Becky tells you. “You can have John call me.”

“Thanks Becky,” you reply gratefully. “How do you know so much, and where can I learn more?”

“It takes years of practice,” Becky replies, “but I attend the monthly Lee County Bar Association Real Property, Probate and Trust Law Section Brown Bag meetings with Chief Judge McHugh in Courtroom 4-R. I really enjoy being involved and encourage you to become involved.”

“What a great idea!” you reply. “I’ll do that.”

9. If Judy is willing to waive her spousal rights pursuant to a post-nuptial agreement, she needs separate counsel. You need to make sure that you are not conflicted out of the entire case pursuant to Fla. Bar R. 4-1.18 (Duties to a Prospective Client). As a result, meeting in private with Judy is probably not a good idea.

You interrupt Becky. “Becky, I am getting a headache. These people are in the next room, and I don’t think I will remember half of what you just said.”

RG

Matthew A. Linde is Board Certified by the Florida Bar in Wills, Trusts, and Estates, and practices in South Fort Myers in the areas of probate, trust and guardianship litigation and estate and tax planning. Linde and Kenny E. Kemp, II are co-chairs of the Lee County Bar Real Property Probate and Trust Law Section.

“But wait,” says Becky, “I am really just getting started, and there are so many more things I need to discuss with you

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NO ROOM FOR

BULLIES From the classroom to the boardroom, it’s time to stop tolerating bullies

By Sara Fitzpatrick Comito

“Never underestimate the power of one pissed-off mom.” – Debbie Johnston, mother of Jeff Johnston, Cape Coral bullying victim and namesake of landmark anti-bullying legislation

W

ith October, we look forward to the spooky delights of Halloween, especially if we have little goblins running around the house.

But it’s also a time for recognizing something truly scary, because it’s real, and can destroy lives. PACER’s National Bullying Prevention Center has designated October as National Bullying Prevention Month because social change is needed “so that bullying is no longer considered an accepted childhood right of passage.” It’s not just a kid problem, and has far-reaching consequences in the workplace and for the courts. LCBA members can use their prestige as a bully pulpit to tackle this issue in their own workplaces and raise awareness in the community because as a society we can do better.

Part of what makes this particular demon so sinister is it can be difficult to recognize. In many ways the dilemma recalls Justice Stewart’s famous summary of obscenity: “I know it when I see it.” Several high-profile suicides resulting from persistent or extreme bullying have made the issue impossible to ignore, and have sparked efforts to codify prevention and remedy in school and workplace policy.

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RES GESTAE | October 2015

Cultivating respect “Culture is everything,” said Pavese Law Firm’s Christina Harris Schwinn. Do you claim to cultivate an environment of respect in the workplace and yet allow managers to swear or otherwise verbally unload on employees?

Having workplace policies that define, prohibit and provide consequences for bullying behaviors can enhance productivity, decrease absenteeism, reduce turnover and improve employee engagement. In other words, it makes good sense for your business and its bottom line to make your firm a bully-free zone.

And consistency is key It’s more complicated than it sounds. “What if the boss is an equal opportunity jerk?”

Schwinn posited. Think of the New York Times’ coverage of Jeff Bezos’ brand of consistency in its exposé, “Inside Amazon: Wrestling Big Ideas in a Bruising Workplace.” There are currently no federal laws that prevent bullying in private businesses, but an employee handbook could model its definition after that of the Healthy Workplace Bill, introduced in the Florida House of Representatives in 2013: “…repeated verbal abuse, such as the use of derogatory remarks, insults, and epithets; verbal or physical conduct of a threatening, intimidating, or humiliating nature; the sabotage or undermining of an employee’s work performance; or attempts to exploit an employee’s known psychological or physical vulnerability.”

If it all seems a little nebulous, the struggles faced by those intent of

legislating the problem should come into stark relief. “You can’t legislate individuals to be good parents,” Schwinn said, “and it all starts at home with how people are raised. It carries over into the workplace. Employers end up dealing with consequences of society’s failures.” The wiggle room for interpretation in definitions such as the failed HB 149 points to larger cultural issues at play in modern society. “I think that we have lost respect for soft skills in this society,” she concluded.

Solid steps Only in Tennessee and California have laws related to the Healthy Workplace Bill managed to survive the scrutiny of those wary of opening a Pandora’s box of claims, with judges adjudicating personality conflicts, and objections that identify the existing panoply of laws addressing harassment and discrimination against members of a protected class – then there is the relief available under common law causes of action. Those states will be watched closely, especially in light of a 2014 National Survey conducted by the Workplace Bullying Institute, which revealed that most employees believe their bosses don’t do enough to address the problem.

John Potanovic of Henderson, Franklin, Starnes and Holt asserted, “Even without an existing workplace bullying law, most enlightened employers likely recognize the dysfunction and havoc that abusive conduct or bullying-like behavior can create in the workplace.” Only 12 percent of the above-mentioned survey respondents perceive that their employees are so “enlightened.” Potanovic thinks, with a bit of determination and discipline, it’s within the power of many more employers to gain the trust of their people. “It is becoming increasingly

common for employers to implement a written anti-bullying policy and provide supervisor training on the topic. These are solid steps an employer can take to demonstrate intolerance for the behavior, reduce the chance of workplace bullying issues from arising, and ultimately lessen the potential for legal claims.”

Benjamin Yormak represents employees in his own employment and disability law firm. In October 2014, he negotiated a settlement with the Lee County School District on behalf of a female custodian who claimed she was harassed by a supervisor because of her nonconformity with gender stereotypes. Yormak said the case should prove instructive to employers and should demonstrate the risks associated with doing nothing. In this case, it was the taxpayers who ultimately had to foot the bill for the five-figure settlement. “A daily diet of such harassment led to mental and emotional scars that could be permanent. Unfortunately, this exposed the public employer to significant damages, which ultimately costs all of us. It was completely avoidable."

His client’s status as a member of a protected class provided recourse, which others do not have.

The K-12 crucible

With the advent of the Jeffrey Johnston Stand Up for Students Act, named after the 15-year-old Cape Coral honor student who hanged himself after repeated

torment at the hands of bullies, all Florida school districts must institute tough anti-bullying procedures. Sadly too late to help Jeff, an amendment seeks to address the problem of cyberbullying, another complication of modern life.

Keith Martin is the school board attorney for the Lee County School District. He said Jeff ’s Law is a very big step in the right direction.

“It represented an acknowledgement from leadership in Tallahassee that bullying in schools is a challenge that must be addressed statewide,” he said. He notes a reduction in frequency in bullying incidences represents progress towards the aspirations of the act. However, “The Act’s goals are not achieved until bullying in schools is eliminated.”

According to educational materials provided by The Florida Bar’s Justice Teaching program, “60% of bullies have at least one criminal conviction because their bullying behavior continues when they become adults. Further, teenagers who are bullies grow into adult bullies and are more likely to have children who are bullies. Thus, bullying can become a cycle of fear, intimidation, and violence that is passed down through generations.”

Such insidiousness demands prevention and intervention, because our kids deserve better.

Our workforce deserves better.

And doesn’t society deserve better? RG

October 2015 | RES GESTAE

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Legal Lens

Kimberly Davis Bocelli, Kayla Richmond, Anais Bimonte

Lisa Poulin Russell Schropp

Land use CLE and membership meeting Donna Marie Collins, Beverly Grady and Russell Schropp tackled land use ethics before the membership Amanda Brock, meeting featuring Clerk of Court Asst. County Manager Doug Meurer Linda Doggett’s update and a visit from Edison Sailing Center.

Buchanan, Ingersoll & Rooney PC, sponsor.

Clerk of Court Linda Doggett

Jenna Persons, Joe Madden The Pledge of Allegiance

Roger Desjarlais, Joe Coleman, Bill Dillion, Mark Lupe

Roger Desjarlais Hon. Josephine Gagliardi

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RES GESTAE | October 2015

Photos courtesy of Jim Jett Photography

Hon. Donna Marie Collins

Legal Lens

Francine Donnorummo, Sarah Spector, Kathleen Smith

Karen Nixon, Jillian Quick Theresa Daniels, Leslea Ellis

LCAWL Kick-Off Happy Hour & Membership Drive at The Firestone Martini Bar in August State Rep. Heather Fitzenhagen, Cynthia “Pinky” Ruke Daniels

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Community Connection

By Sara Fitzpatrick Comito

T

he number of cats and dogs entering animal shelters annually is 12 million. About half of them are euthanized. Each day in the U.S., 12,000 homeless pets will be euthanized. Each year approximately 4,000 animals are euthanized in Lee County alone.

Where some of us might become overwhelmed by these statistics, the people at Animal Refuge Center are too busy to be discouraged. Housing and caring for homeless animals is a big job, and ARC is the largest animal sanctuary in Florida. The 501(c)3 started small when it was incorporated in 1988, vaccinating and worming pets prior to their being sterilized at the most inexpensive clinics available. The need quickly outpaced the number of foster homes available.

With donations from the community, the organization was able to secure a mortgage, and today cares for more than 500 animals at its 22-acre facility in North Fort Myers. But ARC is just getting started.

Once an animal is accepted for adoption it will not be destroyed to make room for another. That means that, along with adoptions by members of the community and the recent implementation of a new

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RES GESTAE | October 2015

fostering program, physical expansion of the facilities is the way to make room.

There are currently nine main buildings housing cats, five small cottages for cats to acclimate to the premises during their introductory period, and 39 airconditioned dog lodges for one to two occupants at a time.

ARC is currently only built out on half of its property. Ten acres of undeveloped land represents unrealized potential in saving the lives of even more unwanted pets. The motivation is there, in ARC’s volunteers and staff. The funding is the only speed bump, but the community is reliable in it support to the organization, so it’s only a matter of time. In the past year the volunteer base has grown by 43 percent, and adoptions increased by an impressive 45 percent. Much of this new energy can be attributed to awareness raised through social media, email, print media and television. But as awareness grows, so does the need.

Consider attending ARC’s signature event, the 21st Annual Starlight Auction at Sanibel Harbour Marriot Resort and Spa, featuring an exquisite meal, cocktails, and a live and silent auction, at 6 p.m.,

November 28. Sponsors and auction item donations are now being accepted.

Visit animalrefugecenter.com for tickets and more information on this event, which happens just in time for some taxdeductible holiday shopping.

The website is also the place to view pictures and bios of all the lovable, adoptable dogs and cats, view adoption hours and information and discover all the ways, great and small, ARC is living up to its very big mission: to promote the adoption of spayed/neutered pets into responsible homes, to provide outreach veterinary assistance, to provide interim shelter and medical care to homeless, injured or abandoned animals, to provide community education and public awareness as to the needs and care of animals, to develop an advocacy program on behalf of animals and pet owners in the community, to alleviate the suffering of animals whenever possible, and to uphold the philosophy of non-euthanasia of any healthy animals accepted to the shelter. RG Pets at ARC (l to r): Vera, Charlie, Dancer, Bugzy, Scooter, and Cammie.

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MEMBER-AT-LARGE BALLOT Please rank your top three (3) choices for MAL in order by placing a 1, 2 or 3 in the box, with 1 being your top choice. Complete and sign ballot and return via mail to Lee County Bar Association, Attn: MAL, P.O. Box 1387, Fort Myers, FL 339021387. Deadline is November 16th at noon.

Danielle Butler has been an Assistant State Attorney in Lee County since 2010, when she first joined the Lee County Bar. She has worked in the misdemeanor, juvenile, general felony, special victims and post-conviction units of the Office of the State Attorney. Danielle has volunteered as a judge for the Mock Trial Competition and is also a member of the Calusa Inn of Court.

Spencer Cordell has been an active member of the Lee County Bar Association as well as the Young Lawyers Division.

He also served as president of YLD and is still helping, by dressing up as Santa Clause at the Holidays in January, among other activities. Spencer has also volunteered to speak at schools, judge mock trials and help out at charity golf tournaments. He served as the president of the Lee County Chapter of FACDL, (Criminal Defense Lawyers) this past year. He is looking forward to joining the board of the big bar as one of your new members at large.

Scot D. Goldberg is a Fort Myers native and Founding Partner of Goldberg, Racila, D’Alessandro & Noone. He concentrates on personal injury, wrongful death and criminal defense cases. Scot graduated from the University of South Florida with a degree in Criminology, and earned his J.D. from Thomas M. Cooley Law School in 1995. He started as an Assistant State Attorney with Florida’s 20th Judicial Circuit, and received certification in Juvenile Justice and Delinquency from the U.S. Department of Justice. In addition to the LCBA, Scot is a member of the Federal Bar Association and is admitted to practice in the Federal Court of the Middle and Northern Districts of Florida.

Heather Fitzenhagen, originally from Dallas, Texas, graduated from Hollins University with a BA in political science and earned her J.D. from Nova Southeastern University Law School. Currently, Heather is an attorney affiliated with Morgan & Morgan and a Florida State Representative serving District 78. In 2015, she was elected chair of the Florida Legislature Women’s Caucus and appointed as the Southern Republican Representative on the Executive Board of the Women's Legislative Network of the NCSL. Ita M. Neymotin was appointed by Governor Scott and confirmed by the Florida Senate to the position of Regional Conflict Counsel for the Second District Court of Appeal. She is death penalty qualified and has defended clients facing the death penalty throughout the Second District. She oversees a budget of ten million dollars, and 140 attorneys and staff personnel. Ita serves on the Florida Bar Grievance Committee C and is Chair of the Twentieth Judicial Circuit Local Professionalism Panel. She considers herself devoted to upholding the high standard of our legal profession and helping attorneys practice with professionalism and civility.

Jenna Persons, a sixth generation Lee County resident and Fort Myers High School alumnus, graduated from The George Washington University Law School and was admitted to the Florida Bar in 2008. In 2009, she partnered with Bruce Strayhorn and they established the law firm of Strayhorn and Persons. Her practice is predominantly in the fields of land use, administrative law, business law and civil litigation. As part of her service to the profession and community, she is co-chair of the LCBA’s History Committee and past Secretary of the Young Lawyer’s Division.

John C. Webb is the current Chair of The Lee County Bar’s Social Committee and provides professional legal representation in matters pertaining to Corporate & Business Counseling, Litigation & Dispute Resolution, Taxation, Finance, Real Estate, Energy and Sports Law. John litigates cases in Florida state courts, at both the trial and appellate level, in Federal court and in disputes brought before administrative forums. He provides representation in matters relating to the formation, governance, operation and cessation of corporations, limited liability companies and partnerships, and offers counsel to clients concerning the tax planning and structure of these entities.

Name*___________________________________________________________________________ Signature______________________________________________________________________ *Only votes by active members will be tallied.

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RES GESTAE | October 2015

Geraghty, Dougherty, Edwards, P.A.

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Green, Schoenfeld & Kyle, LLP

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Spivey Law Firm, Personal Injury Attorneys P.A.

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

Kushner & Kushner Lee County Legal Aid Society, Inc.

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The Dish

I couldn’t find a scientific poll on the subject, but I’d venture a guess the topic of cold fried chicken would be polarizing.

Raise your hand it you’re a fresh and crispy right out of the fryer person. Would you maybe cop to dipping into the bucket for a quick nosh late at night in the glare of the fridge’s accusatory glow? Because if you’re 100% hot, when it comes to the fried chicken picnic you’d have to be 100% not. And who wants to be so negative? If only there were a magical alternative reality where hot fried chicken and picnics could go together like, say, mashed potatoes and gravy.

You may remember a newspaper column a few years back characterizing Sanibel Island as a real-life Truman Show, presumably populated with actors for residents whose job it is to work behind the scenes to present a pristine, charmed island experience to visitors. Two of those actors have perfected the picnic, with perfectly seasoned chicken fried (or technically broasted, referring to a pressure-frying technique) and packaged with all the fixins just moments away from your choice of Sanibel beach. A 10-minute drive to the causeway seemed an eternity, with those heavenly aromas emanating from the heavy paper bag. For those who can’t wait that long, there is outdoor seating lining the Palm Ridge Road storefront, which is probably the best option for the less-portable chic ‘n waffle meal.

Daniel Cooke Budd mans the fryer, with wife Bridgit Stone-Budd greeting customers and taking orders at the whimsically decorated counter. Before opening the restaurant Bridgit was with the Sanibel & Captiva Islands Chamber

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RES GESTAE | October 2015

of Commerce for seven years, where she may or may not have been involved with covert operations to dial up the magic for visitors. Two days’ worth of magic flavors her famous collard greens, and varieties of homemade barbeque, buffalo and hot sauces can dial up anything. Fried chicken can be ordered by the piece or by the bucket. No matter what, you should not miss the buttery homemade biscuits or mashed potatoes with gravy.

It’s rare to find mashed potatoes that are truly light and fluffy, and a rare treat to include them in a picnic. Other sides include rice and beans, baked beans, sweet cole slaw, cheesy mac, French fries, fried pickles and veggie chili. Don’t forget the ooey gooey chocolatey black betty dessert.

With my stonemason husband and 14-year-old son, food tends to disappear quickly. For our picnic we ordered a “really big Bucket” that comes with six biscuits and two large sides. In this case, “really big” is really correct. We were hungry, the décor of our Sanibel Causeway dining room was picturesque, and we had plenty of leftovers for snacking right out of the fridge. Just when you think Sanibel Island can’t get anymore magical the Pecking Order charms residents and visitors alike with its easygoing hospitality, hefty portions of good, honest food at good prices and hot fried chicken for a memorable beach picnic. RG

The Pecking Order 2496 Palm Ridge Rd (Next to Subway), Sanibel 11 a.m. – 9 p.m. everyday Call-ahead ordering: 239.Grab.Legs (472-2534) www.facebook.com/SanibelChicken

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

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The LCBA says no to Admission by Motion/Reciprocity The Florida Bar held an open hearing last month in Tampa for members to discuss admission by motion/reciprocity, and the Board of Governors will take up the issue when it meets in Atlantic Beach October 15-16. The discussion stems from a preliminary report furnished by the Multijurisdictional Practice – State Focus Committee of the Bar Admissions Group of the Vision 2016 Commission that recommends Florida adopt an Admission by Motion rule based on reciprocity. According to the recommendation, “the rule change would address ‘client needs and market demands in an increasingly borderless world; where lawyers frequently need to gain admission in other U.S. jurisdictions.’�

October 1 was the deadline for public input on this issue. Far in advance of that deadline, the Executive Council Lee County Bar Association met on Aug. 26, and by unanimous approval, resolved to oppose the recommendation citing, among other reasons, the efficacy of existing pro hac vice admission and the quality control effect exerted by full admission via passage of the Florida Bar Exam. The resolution also takes issue with an implication that Admission by Motion/Reciprocity is inevitable. The Executive Council believes adoption of the proposal will jeopardize small firms and sole practitioners, which compose 70% of the LCBA membership. Please visit

www.leebar.org/in-the-news/signed-resolution-in-oppositionto-allow-admission-by-motion-reciprocity to learn all the reasons the Executive Council believes this proposal will hurt LCBA members and decrease professionalism in the practice of law in the state of Florida. RG

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On the Bench Hon. Mac McCoy “I never presumed I would have an opportunity to pursue a career on the bench,” said newly minted U.S. Magistrate Judge Mac McCoy. His appointment represents a homecoming for the former Tampa-based Carlton Fields Jorden Burt shareholder, albeit now to a different side of the proverbial tracks. It was during his early upbringing in the Suncoast Estates community that the Judge developed a respect for the legal profession.

“I saw the difficulties people, especially young people, face in an underprivileged community,” he recalled. He saw people who found themselves in trouble with the law and the only person able to help was a skilled, educated lawyer. “I wanted to be exactly that,” he said, “a problem solver for people who weren’t able to solve problems on their own.”

Judge McCoy enjoyed private practice and did a lot of pro bono work, community service and service to the Bar, but it didn’t seem like enough. “So when I heard there was a vacancy for a magistrate judge and an opportunity for public service, I threw my hat into the ring. Obviously, it worked out.” The North Fort Myers High valedictorian is grateful for the opportunity to return to serve the community where he grew up and to be near his family again. The transition has been smooth since leaving his former firm on June 30 and being sworn in on July 1. Although he acknowledges a steep learning curve, it’s one he’s tackling “gratefully and aggressively.” He said, “The court family has been wonderful, and the local legal community has embraced me with open arms.”

Part of Judge McCoy’s mission as a member of the Lee County Bar Association is to help demystify the federal court system. For example, many attorneys find the formality of the proceedings intimidating. That formality, however, should be a source of comfort, according to the judge. “When everyone adheres to the same rules and level of decorum, the court can focus on the issues that truly matter.” His favorite proceedings involve judge-facilitated settlement conferences where creative solutions can be applied to benefit both parties short of going to trial.

When not at work, Judge McCoy enjoys yoga and meditation. He’s also a fan of science fiction, especially zombie fiction.

Buying or Selling a Home or Property?

THREE reasons why you should choose an Attorney over a title agency to close your real estate deal: 1. Attorneys provide legal counsel. Title agencies cannot.

2. Attorneys represent YOU. We look out for your best interests before, during, and after the closing.

3. Attorneys’ fees for closings are similar to the fees of title agencies.

If the price is comparable, why not hire a qualified attorney?

Kevin F. Jursinski, B.C.S. • 30 year member of Attorneys’ Title Fund • Florida Bar Board Certified Specialist in Real Estate, Business Litigation, and Construction Law

Kara Jursinski Murphy, LL.M. • Master of Laws (LL.M.) in Real Property Development • Member of Attorneys’ Title Fund • Commercial Litigation & Real Estate Transaction Attorney

• AV rated by Martindale-Hubbell

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Main Office: 15701 S. Tamiami Trail, Fort Myers, FL 33908

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SM

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A FULL-SERVICE LAW FIRM SINCE 1924

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From the Bar Anais Bimonte, Esq. If you have an idea for a pro bono project, there’s someone who wants to talk to you. Anais Bimonte was busy preparing for the Veterans and First Responders Legal Clinic at press time, but the co-chair of the LCBA’s Pro Bono Committee is always on the lookout for the next project or collaboration. Her experience with community service has been immersive, starting with the Clinical Law Program at the University of Maryland School of Law. She said, “As a student, I focused much of my course work in issues of juvenile justice and matters affecting those in poverty. I want to help those in need and understand that it is part of my responsibility as an attorney to promote a more just society.” A lot of attorneys walk the walk, but that’s Bimonte’s very job description at Florida Rural Legal Services where she celebrates one year as its Pro Bono Attorney Involvement Coordinator. “The organization allows me to not only help indigent individuals and families, but also allows me to interact with members of the private bar and help private attorneys meet their pro bono goals and work together towards closing the justice gap.”

One of Bimonte’s first cases at FRLS involved a hard-working family and a home involved in a foreclosure lawsuit. A foreclosure sale had already taken place, but with the young attorney in their corner, the family was able to save their home. Bimonte recalled, “It was the first time that I felt I had made a difference in a person’s life as an attorney.” As if hard work weren’t its own reward: “I had been practicing for two years at that point, and it was the first time that I received a thank you note from a client.”

When not fighting on behalf of clients, matching attorneys to worthy cases or busting pro bono myths (yes, you do have the time, and the client you wrote off for non-payment doesn’t count), Bimonte enjoys spending time with her husband, stepson and two Pomeranians. She also runs and travels to races and devotes extra time to the Girl Scout Troop she leads. Although she works in Fort Myers, she lives in Naples, where “the feeling of being on permanent vacation has yet to wear off.”

Mark Martella, Esq. Of all the areas that Mark Martella practices, he has a clear favorite: “Bankruptcy allows me to truly change people’s lives from one of stress, worry and overwhelming anxiety, to a fresh start and a belief that they can get past this life hurdle.” Martella’s own fresh start happened in 2004 when he sought to escape the shoveling of snow that comes with New Jersey residency. He didn’t consider that by moving to Punta Gorda he’d be placing himself in Hurricane Charley’s track. None the worse for wear, he was not discouraged. He likes being less than an hour’s drive away from the beautiful beaches, golf and fishing that draw visitors from all over the world. Alas, he said, “It is a benefit that I don’t take advantage of enough.” He worked as vice president and in-house counsel for an area title agency before joining a local law firm and then going on to launch the Martella Law Firm in 2008.

Martella especially enjoys helping senior citizens attain a new start when facing overwhelming debt due to an unexpected medical condition or loss of a spouse. “I believe it is the most rewarding area of my practice for both me and my team when we can assure the clients that they are not going to jail for failure to pay their bills and then teach them how to budget so that they can enjoy the rest of their lives in peace,” he explained. He endeavors to provide peace of mind even before his first meeting with prospective clients by providing a lot of educational materials on his website. He said, “By providing special reports on bankruptcy and estate planning as well as informational videos on my website, it allows people to get to know me even before we have a consultation.”

Martella was not great at trigonometry as an undergrad, and as a political science major who “didn’t like blood,” law school seemed like a good option. As an LCBA member he’s enjoyed a great referral network and has benefitted from participating in the Lawyer Referral Service. When not at work he volunteers at the Charlotte County Homeless Coalition, plays with his dogs Bogey and Layla and enjoys cooking, fishing, sailing and playing the guitar.

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Kudos Congratulations to the following attorneys in our member firms for being included in the 2016 edition of The Best Lawyers in America!

Cummings & Lockwood

Todd L. Bradley Trusts and Estates William N. Horowitz Trusts and Estates Howard M. Hujsa Trusts and Estates Deborah L. Russell Trusts and Estates Hahn Loeser & Parks

Jeffrey M. Folkman Employee Benefits Law and Tax Law Andres J. Krause Trusts & Estates Jeanne L. Seewald Administrative/Regulatory Law, Copyright Law, Intellectual Property Litigation, Mergers & Acquisitions Law, Trademark Law Theodore L. Tripp, Jr. Bet-the-Company Litigation, Commercial Litigation, Real Estate Litigation and Trusts & Estates Litigation Henderson, Franklin, Starnes & Holt, P.A.

Charles Basinait Fort Myers Land Use and Zoning Lawyer of the Year

Thomas H. Gunderson Real Estate Law

Neale Montgomery Land Use and Zoning Law

Denis H. Noah Real Estate Law

Roetzel & Andress LPA

John A. Noland Bet-the-Company and Commercial Litigation David M. Platt Trust and Estates Law and Litigation Russell P. Schropp Land Use & Zoning Law and Litigation

Clayton W. Crevasse Commercial Litigation, Construction Litigation and Real Estate Litigation Beverly Grady Government Relations Practice, Land Use and Zoning Law, Land Use and Zoning Litigation and Real Estate Law

Bruce M. Stanley Sr. Personal Injury Defense Litigation

Kenneth A. Jones Eminent Domain and Condemnation Law

G. Donald Thomson Commercial Litigation and Real Estate Litigation

Florida Trend’s Twelfth Annual Legal Elite includes:

Beth T. Vogelsang Family Law

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

Guy E. Whitesman Business Organizations, Closely Held Companies and Family Businesses Law, Non-Profit/Charities Law, Tax Law and Trust and Estate Law

Russell Schropp Environmental & Land Use

Laird A. Lile, P.A.

Laird Lile Trusts & Estates

David Sims Adoption, Marital & Family Kudos also go to the following attorneys for being named to the 2015 Super Lawyers list!

Pavese Law Firm

David L. Cook Real Estate Law

William T. Haverfield, II Fort Myers Lawyer of the Year in Family Law

Michael J. Corso Professional Malpractice Law and Personal Injury Defense

Diane L. Jensen Creditor Debtor Rights/Insolvency and Reorganization Law

David K. Fowler Real Estate Law

Christopher J. Shields Real Estate Law

Grossman Law & Conflict Management Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A.

Send your accomplishments to resgestae@leebar.org with “Kudos” in the subject line.

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Keith Grossman

Craig R. Hersch Michael B. Hill

In The News ERIN HOUCK-TOLL of Henderson, Franklin, Starnes & Holt, P.A., has become Board Certified in Health Law by The Florida Bar. Houck-Toll has been Board Certified in Tax Law since 2010 and is one of three dual board health and tax law attorneys in the state of Florida. Houck-Toll assists clients in business planning, health care law, mergers and acquisitions, and intellectual property issues. She also has an active federal and state taxation practice, representing individuals, businesses, non-profits and tax exempt organizations before the IRS, Florida Department of Revenue and U.S. Tax Court. Houck-Toll serves on the Executive Council for the Tax Section of The Florida Bar and serves as VP on the Board of Special Equestrians, Inc. She also serves on a United Way Allocation Committee.

KATHY SMITH, Public Defender for the 20th Judicial Circuit, has been appointed to serve a two-year term as a commissioner for the Justice Administrative Commission (JAC). A commissioner ensures that the JAC acts as a responsible steward of taxpayer dollars, while providing the highest quality service to the 49 judicial related entities, private court-appointed counsel, and associated vendors they serve, by ensuring compliance with laws, rules, regulations and best business practices. The Commission is composed of two State Attorneys, appointed by the Florida Prosecuting Attorneys Association, and two Public Defenders, appointed by the Florida Public Defender Association. The JAC administratively serves 20 Offices of State Attorney, 20 Offices of Public Defender, three Offices of Capital Collateral Regional Counsel, five Offices of Criminal Conflict and Civil Regional Counsel, and the Statewide Guardian ad Litem Program.

The Executive Council of the Bruce R. Jacob Criminal Appellate Inn of Court has approved KEITH W. UPSON as the incoming president to serve the Inn for the 2016-17 academic year. The organization promotes professionalism and civility among the lawyers who practice criminal appellate law in Florida's Second District Court of Appeal. A founding partner of Naples-based Upson Law Group, P.L., Upson has been a member of the Inn since 2012.

GrayRobinson, P.A. has opened a new office in Fort Myers, its thirteenth in Florida. Veteran firm attorneys MIKE RANDOLPH and DEREK ROONEY, who oversee the Fort Myers office, will soon be joined by two more attorneys. The firm will add attorneys in the coming months, as client needs dictate.

The Fort Myers office is located at 1404 Dean Street, Suite 300, Fort Myers. Randolph, Board Certified in construction law by The Florida Bar, is a shareholder in the firm’s litigation practice group. Rooney, who serves as of counsel to the firm, is Board Certified in city, county and local government law by The Florida Bar. He also serves as town attorney for the Town of Fort Myers Beach.

ROBIN DOYLE, founding member of Doyle Conflict Resolution, has been approved as a dispute resolution arbitrator through the Financial Industry Regulatory Authority (FINRA), which operates the largest securities dispute resolution forum in the U.S. Doyle will hear cases involving investors, investment advisors and investment firms.

FINRA is an independent, not-for-profit organization authorized by Congress to protect investors by making sure the securities industry operates fairly and honestly. The organization regulates more than 4,000 brokerage firms and 638,000 brokers to ensure compliance with US Securities and Exchange Commission and FINRA rules. Through its proactive vigilance, and at no cost to taxpayers, in 2014 FINRA brought 1,397 disciplinary actions against registered brokers and firms and ordered $32.3 million in restitution to harmed investors.

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

October 2015 | RES GESTAE

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Insurance Recovery Advocates Our firm routinely handles and accepts referrals of appellate matters in both state and federal courts.

Legal advocates for the rights of policyholders in insurance recovery, risk transfer, additional insured coverage, coverage disputes and denials, claim representation, and bad faith litigation.

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Michael W. Leonard, Esq.

Geoffrey H. Gentile, Esq.

Mark A. Boyle, Esq.

Amanda K. Anderson, Esq.

Molly A Chafe, Esq.

Justin M. Thomas, Esq.

Ellen C. Smith, Esq.

Alexander L. Brockmeyer, Esq.

Matthew M. Jackson, Esq.

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2036 McGregor Boulevard • Fort Myers, FL 33901 October 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