Res Gestae - January 2016 by Lee County Bar Association

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION JANUARY 2016

LCBA CARES

2016 Executive Council sets a course for the future

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Contents On the cover: LCBA 2016 Executive Council President, Scott Atwood Photo credit: Jim Jett Photography

Photo below(l to r): Ken Jones, John Agnew and Scott Atwood were on hand as PACE Center for Girls, Lee dedicated a room in honor of the LCBA and its more than $20k donation from the Fourth Annual Charity Golf Tournament in 2014.

28 features 20 LCBA Cares

2016 Executive Council sets a course for the future by Sara Fitzpatrick Comito

departments 6 Letter from the President

by Scott Atwood, Esq.

Calendar of Events

10 Ethically Speaking

by Henry Lee Paul, Esq.

14 Employment Law Update

by Jamie Maurer, Esq.

16 Legal Lens

Holiday Party

18 Legal Lens

Holiday Party

18 28 The Dish

30 From the Bar

19 100 Club

24 Legal Lens

Judge Sturgis' Appreciation

25 New Members 26 Legal Lens

LCBA Bar-B-Que

RES GESTAE | January 2016

The Standard

Liz Kagan, Esq.

34 On the Bench

Honorable Hugh D. Hayes

36 In the News

Allied Business Solutions Ave Maria School of Law Barbara Pizzolato Birch Properties Bounds Law Group Boyle, Gentile & Leonard, P.A. Boyle, Gentile & Leonard, P.A. Brodeur Carvell Buschbom Mediation Business Observer Calvo & Calvo Attorneys at Law CONRIC PR & Marketing | Publishing Dellutri Law Group Denise Kennedy Dial A Nurse Inc. Donna Tisch Edison National Bank Florida Home Realty Property Mgmt Fort Myers Court Reporting Garvin Law Firm Get Smart Bail Bonds Henderson, Franklin, Starnes & Holt, P.A. Hotel Indigo Jason L. Gunter, P.A. Joe Viacava Law Kempton P. Logan Kushner & Kushner Attorneys Law Firm of Scott T. Moorey Leonard P. Reina Leslea Ellis, LLC Levins & Associates, LLC Livingston Loeffler, P.A. Massie & Reilly CPAs, PLLC McHale, P.A. Merit Court Reporting, Inc. Musca Law Office, Inc. Patterson Eskin & Ball Prime de Leon Spivey Law Firm, P.A. T 3 Communications Veranda Restaurant Von Ahn & Associates Webb & Scarmozino

15 IFC 33 17 13 38 12 31 17 35 7 35 33 35 13 27 BC 31 13 7 32 15 29 15 IBC 7 19 19 31 11 17 12 25 27 11 3 19 30 5 33 27 34 12

Chris Black, Esq.

32 From the Bar

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News and happenings

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Letter from the President Happy New Year. We have plenty to look forward to in the 12 months ahead of us -- but first let us take a step back for a broader perspective. Kelly Fayer, Dan Endrizal and I got together and decided to coordinate our presidencies into a three-year plan called “LCBA Cares.” We care about you, and we care about the community. The programming reflects that theme, and the scope of our vision will be accomplished with a comprehensive, concerted effort over time rather than a focus on one year at a time. We are expanding our community outreach, particularly in the area of atrisk kids. The annual golf tournament is going to raise funds for Guardian Ad Litem Foundation. The YLD is spearheading a multi-year program with the Children’s Network to interact with and provide fun and educational opportunities to local foster children. This program includes a “Try-athalon,” where the kids get to try their best to master bowling, mini golf, and fishing. I think it is going to be a lot of fun, and if you want to watch me fish for two hours without getting a single bite while everyone else around me catches their limit, you need to put this on the calendar. Anyone who knows me also knows that I place great importance on attorneys interacting with each other on an informal basis. Some people call it networking. I call it making friends. So we are going to have a lot of friendmaking opportunities. Judge McHugh and I have agreed that the annual Judicial Appreciation BBQ is such a hit that we ought to expand bench-bar interactions. Consequently, we are not just going to do a “Turf” event, we are going to do a “Surf” one as well. Judge Branning has agreed to be head cook for the First Annual LCBA Shrimp Boil on Lover’s Key this spring. I hope you come by land or sea and have a great afternoon of family fun. Having kids myself, I can assure you parents that we will have a number of family-friendly events. In addition to the BBQ and Shrimp Boil, we have some sports events, museum trips, and fun outdoor activities on tap. I want you to be able to spend time with the family while letting them make new friends too. But there are times when you also need adult time. So we are kicking off an annual “LCBA Get Away” overnight trip. And nothing says road trip like a trip to Key West on the Key West Express. It’s going to take place at the beginning of June -- mark your calendar. There will be a lot of pop-up social events, as well as election-year events. Couple this with some fine CLE programming that includes panelists from the judiciary, and I am confident you will find something that fits your taste. I look forward to seeing you and making new friends throughout 2016—another year in paradise.

Scott Atwood, Esq. scott@atwoodlawfirm.com | 239.898.4130 6

RES GESTAE | January 2016

LEE COUNTY BAR ASSOCIATION ADMINISTRATIVE TEAM Executive Director ~ Sharon Brotherton Administrative Coordinator ~ Lisa Poulin

EXECUTIVE COUNCIL President ~ Scott Atwood, Esq. Vice-President ~ Kelly Fayer, Esq. Secretary ~ Daniel Endrizal, Esq. Treasurer ~ John Webb, Esq. Board Members: Spencer Cordell, Esq., Scot Goldberg, Esq., Jenna Persons, Esq. President Emeritus ~ Anne Dalton, Esq. YLD President ~ Thomas Coleman, Esq.

COMMITTEES

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

PRACTICE SECTION CHAIRS

ALTERNATIVE DISPUTE RESOLUTION Anne Dalton, Esq. & Bill Merchant, Esq. APPELLATE LAW Laura Lee, Esq. CRIMINAL LAW Marisa Boysen, Esq. & Stephanie Russell, 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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January 2016 | RES GESTAE

Calendar of Events January 1

January 29 & 30

Lee County Mock Trial

LCBA office closed

January 8

Swearing-In Ceremony for LCBA and YLD Leadership Teams Noon – 1 p.m. at Sidney & Berne Davis Art Center, 2301 First Street, Fort Myers. $15 Members, $25 NonMembers

January 13

General Civil & Business Litigation Practice Section Meeting

Noon – 1 p.m. at US District Court, 2110 First Street, Fort Myers. Topic: Federal Panel Discussion with Honorable Sheri Polster Chappell, Douglas Kemp, Casey Cosentino and Amanda Levy-Reis. CLE Credits available. Lunch Sponsored by West Publishing. George Knott & Carlos Kelly, Co-Chairs.

January 21

Family Law Practice Section Brown Bag

Noon – 1 p.m. at Courtroom 5C of the Lee County Justice Center at 1700 Monroe Street, Fort Myers. Dustin Butler and Ryan O’Halloran, Co-Chairs

January 21

Land Use and Governmental Law Practice Section Meeting Noon. Speaker: Donald Paight, City of Fort Myers Community Redevelopment Agency

Co-chairs: Karla Campos-Andersen, and Indera Singh. Contact Karla to volunteer today! Attorneys and judges needed for judging the competition in two-hour time slots.

February 5

Young Lawyers Division Meeting Noon – 1p.m. Location TBA. Thomas Coleman, YLD President

February 18

Family Law Practice Section Brown Bag

Noon – 1 p.m. at Courtroom 5C of the Lee County Justice Center at 1700 Monroe Street, Fort Myers. Dustin Butler and Ryan O’Halloran, Co-Chairs

February 19

General Membership Meeting

Noon – 1 p.m. at The Marina Ballroom at Edison Ford, 2360 West First Street, Fort Myers.

February 19 & 20

20th Circuit Mock Trial Competition

Collier County Bar Association Hosts the 2016 competition.

February 25

Land Use and Governmental Law Practice Section Lunch Meeting Noon – 1 p.m. at Lee County Public Works, 1500 Monroe St, 1st FL Conference Room. Neysa Borkert and Amanda Brock Co-Chairs

Some dates for 2016 Section Meetings have not been confirmed. Check our website for details! Visit us online at leebar.org to see the entire LCBA Annual Calendar and conveniently RSVP for upcoming events. Would You Like to Submit an Event? Email your event submission to resgestae@leebar.org

Visit us online at leebar.org to see the entire LCBA Annual Calendar and conveniently RSVP for upcoming events. Would You Like to Submit an Event? Email your event submission to resgestae@leebar.org

Thank You to our Annual Sponsors for 2015

RES GESTAE | January 2016

CandyLand comes to life! The LCBA raised $800 for Goodwill through our work in putting together a tree that was sold at their live Tux and Trees auction on December 5, 2015. The ornaments were made by youth receiving services from PACE Center for Girls, Guardian ad Litem Foundation and the Alliance of the Arts—organizations that received proceeds from the LCBA charity golf tournament in the past three years. The sponsors were: Henderson Franklin, the Spivey Law Firm and Kelly L. Fayer, P.A. The winner of the tree at the live auction was Denise Perchall. Blaze Douglas, Charles Ferber, John Miller, Anthony Norman, Kate Snyder, and John Webb were on the committee, with Kelly Fayer serving as chair. Memberships, passes, gift certificates and goods and services were provided by: Universal Studios Fossil Club of Lee County Naples Orchid Society SWFL Orchid Society Broadway Palm Theater Alico Family Golf Naples Botanical Garden Florida Repertory Theatre Jungle Golf The Butterfly Estates

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 ASSOCIATE EDITOR Sara Fitzpatrick Comito CREATIVE DIRECTOR April Bordeaux ADVERTISING DIRECTOR Linda Fiore 239.690.9840 CONTRIBUTING WRITERS Scott Atwood, Esq. Henry Lee Paul, Esq. Jamie Maurer, Esq. Sara Fitzpatrick Comito BILLING INQUIRIES 239.334.0047

Shell Factory and Nature Center Naples Zoo Bennett’s Fresh Roast Pure Florida Fort Myers Miracle Skyzone Trampoline Park Chuck-e-Cheese Barnes & Noble Gator Lanes The Imaginarium Alliance of the Arts In addition LCBA attorneys in fields including Real Property/ Probate/Estate Planning, Family Law, Criminal Law, and Landlord/Tenant Law provided free consultations. RG

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© 2016. 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.

January 2016 | RES GESTAE

Ethically Speaking

Admission to The Florida Bar is no easy process By Henry Lee Paul, Esq. Prospective employers of law school graduates should have an understanding of the admission process to The Florida Bar. It can be a frustrating experience to have hired an applicant whose admission is delayed. The admission process is administered by The Florida Board of Bar Examiners (FBBE), on behalf of The Supreme Court of Florida. The threshold requirements for admission require an applicant to prove competence, character and fitness. Competence is established by graduation from an accredited law school and passing the bar exam. Although the FBBE seeks to process an application within nine months, the character and fitness investigation can turn into a lengthy process that can drag on for years. It is widely recognized that Florida has one of the most difficult

character and fitness requirements. The FBBE recommends that law students file their application during the first year of law school to avoid or minimize delay upon graduation. The FBBE often will request additional information from applicants and may also conduct independent investigations. The FBBE casts a wide net in gathering information from references, current and former employers and coworkers, current and former landlords and neighbors, and public records. In the event the FBBE believes there is a significant issue involving character and fitness, it may hold an informal investigative hearing. A notice of the issues to be addressed is provided and the applicant is given a choice of hearing dates, which may be many months in the future. Hearing locations rotate around the state. The investigative hearing typically has three panel members. One member primarily conducts the questioning, although the other members are free to inquire. The notice to the applicant is general in nature and the applicant may be surprised by unanticipated questions or evidence. After the investigative hearing concludes, the panel will make a recommendation that may include admission, delayed admission, conditional admission or further investigation by a formal hearing pursuant to formal charges called “specifications.” Conditional

RES GESTAE | January 2016

admission is limited to applicants with substance abuse or mental health concerns. If formal charges are filed, the applicant must answer the charges. Exhibits and witness lists are exchanged and a formal hearing will be held with a panel of at least five. It will take many months before a formal hearing will be held. The FBBE is be represented by counsel, who conducts the questioning and presents evidence and opening and closing statements. Panel members may also ask questions. It is the burden of the applicant to establish character and fitness by “competent and substantial” evidence. Evidentiary standards are relaxed. In addition to the same options provided for after an investigative hearing, the panel may recommend a denial of admission. If denial is recommended, leave to reapply for admission and establish rehabilitation may be up to five years Two years is the presumptive amount of time before an applicant may reapply. In rare occasions leave to reapply may be permanently denied. The applicant and prospective employer should discuss any potential character and fitness issues. Both need to make a realistic evaluation of the issues. Additionally, the amount of disclosure made to the prospective employer may be considered by the FBBE. 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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Employment Law Update

THE UNANTICIPATED SECURITY THREAT TO YOUR BUSINESS: EMPLOYEES!

hen we hear the term “cyberattack” we likely think of hackers garbed in dark clothing working tirelessly in front of computers with the goal of accessing a company’s confidential and proprietary information and using such information for an improper purpose. While outside hackers pose a threat to any business, the greatest risk for data breaches are internal sources—employees. As we look to 2016, companies—big and small—must be mindful of the fact that cyber-attacks “from within” are on the rise and steps must be taken to protect against, and mitigate, cyber-attacks. Employers are facing a double-edged sword: employees are granted access to trade secrets and other confidential business information as a necessary component of job performance. However, this access has a corresponding risk of data security breaches without detection (whether intentional or otherwise). Notwithstanding the fact that mobile devices allow for increased worker productivity, they contain sensitive business information, resulting

RES GESTAE | January 2016

By Jamie Maurer, Esq. in significant concerns when (i) a disgruntled employee seeks revenge; (ii) a mobile device is lost or stolen; and (iii) an employee fails to follow security protocols.

company in the event a mobile device is lost or stolen; and (d) company-related data be erased remotely from the mobile device in the event it is lost or stolen or upon termination of employment.

Disgruntled employees with access to confidential and proprietary information (i.e., salaries, business plans, marketing plans, financial data, customer/client information, etc.) can use their mobile devices to misuse and misappropriate this valuable data—oftentimes sharing this material with a direct competitor. Of course, confidentiality agreements and non-competition agreements executed by key employees are useful when attempting to mitigate damage, but they do not necessarily prevent data from walking out the door upon separation of employment (and, oftentimes, in the days immediately preceding termination).

2. A data security plan - require employees to sign an acknowledgement of receipt of this plan, and consistently impose disciplinary measures for violations.

Moreover, given the ever-changing world of technology, employers must be proactive in detecting, preventing and mitigating everyday human error that results in data breaches. Best practices for combating these cyber-attacks include: 1. A comprehensive bring your own device (“BYOD”) policy that requires, among other things, that (a) employees password protect all mobile devices used for company business (strong passwords requiring upper and lowercase letters, numbers and symbols); (b) anti-virus protection be installed and maintained; (c) employees have “remote-wipe” software installed on their mobile devices; (d) employees immediately notify the

3. Creating policies and procedures that specifically address data protection upon separation of employment (i.e. immediately cut off access to sensitive business information). 4. Training on security basics (when not to open attachments, click on links, visit certain websites, download programs). More generally, companies should maintain current anti-virus and antimalware programs, use firewalls to block unauthorized access to data, encrypt sensitive information transmitted over public networks, and protect all wireless networks. Creating a culture of security will be the best money a company spends in the upcoming year. RG

Jaime Maurer focuses her practice on representing employers in disputes and counseling with respect to any employment law issues. She handles cases involving discrimination, alleged breaches of employment contracts, wage and hour compliance, potential violations of the Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA) and other federal and state employment laws.

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Legal Lens

C1 Bank Team – Goodie Bag Sponsors

Connie Ramos-Williams, Linda Fiore, Leslea Ellis

Lisa Poulin, Frank Jean

LCBA Holiday Party Hawaiian Luau Live music, drinks and hors d’oeuvres at the Burroughs Home & Gardens. Jo Ellen Kane, Magistrate Gil Perez, Anne Dalton Blake Hampton, Spencer Cordell

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RES GESTAE | January 2016

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January 2016 | RES GESTAE

Legal Lens

Amy Jean, Theresa Daniels, Frank Jean Denise Wheeler, Jennifer Fisher, Jenna Persons

Kelly Fayer, Nathan Winesett

LCBA Holiday Party Hawaiian Luau

Check presentation to the Lee County Legal Aid Society

Judge Michael McHugh, Denise Wheeler, Magistrate Kimberly Davis Bocelli

Spencer Cordell, Shatree'Tia jones

Stacy Sherman, Tracy Haverfield, Karla Campos Andersen, Leslea Ellis, Lawrence Cremia

Lisa Poulin Photos courtesy of Jim Jett Photography

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RES GESTAE | January 2016

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LCBA Cares

2016 Executive Council sets a course for the future By Sara Fitzpatrick Comito

Pictured (l to r): Spencer Cordell, Tom Coleman, Dan Endrizal, Scot Goldberg, Scott Atwood, Jenna Persons, John Webb, Kelly Fayer

RES GESTAE | January 2016

s Scott Atwood

becomes the sixty-eighth president of the LCBA, he is the first to be working with the full complement of Executive Council members as laid out in the 2014 amended bylaws. He played an important role in modeling the newly realized structure, which is intended to cultivate inclusiveness, fresh energy and new ideas. “The old format was created at a time when the bar had fewer than 100 members,” he said. The nine-member roster is therefore better poised to represent a diverse, growing membership that hovers around eight times that number.

Scott Atwood, President

Kelly Fayer, Vice-President

John Webb, Treasurer

Scot Goldberg, Board Member

Dan Endrizal, Secretary

Spencer Cordell, Board Member

Jenna Persons, Board Member

Tom Coleman, YLD President January 2016 | RES GESTAE

A full slate Change doesn’t happen overnight in an organization that got its start in 1949, and in a county that in many respects resembles its twentieth-century self in name only. Accordingly, and in a gesture of solidarity, Atwood has dispensed with the convention of declaring a theme for “his” year. (Despite his outgoing, often humorous nature, he is a reluctant face of the LCBA.) He, Vice President Kelly Fayer and Secretary Dan Endrizal will be the last presidents to come up through the now-antiquated five-year ascension process. Together the trio has established LCBA Cares as a threeyear theme focused on community outreach and members’ personal development, with consistent programming and aspirations to carry the organization through to the end of Endrizal’s 2018 term as president. The balance of the 2016 EC is composed of President Emeritus Anne Dalton, Board Members Spencer Cordell, Scot Goldberg, and Jenna Persons, Young Lawyers Division President Thomas Coleman—and John Webb, who was elected as a board member and then graciously stepped up to assume the role of treasurer. “We’re going to work as a team,” said Atwood. “We have excellent thinkers, workers and doers. Everyone brings a unique talent to the table.” In addition, at Atwood’s insistence, folks who ran but didn’t get elected to the four member at large slots have agreed to play significant roles in the programming needs of the organization and to lead special projects. Chief Judge Michael McHugh has also agreed to help with programs that will involve the judiciary throughout the year.

Focus on the future In implementing the new leadership structure, the YLD president was included on the EC rolls starting in 2015. Under now-Magistrate Kim Bocelli’s guidance, the Young Lawyers exceeded fundraising goals for the Guardian ad Litem Foundation. As part of the LCBA Cares mission, organizations that benefit kids will be front and center, including that organization, which supports the advocacy of children who find themselves in the legal system through no fault of their own. “As a legal community,” said Atwood, “we owe it to the future of the county to provide as many

opportunities as we can, in terms of funds and volunteer hours, to elevate the status of its youngest, most vulnerable members.” The GAL Foundation will be the beneficiary of this year’s LCBA Charity Golf Tournament, but fundraising is only one aspect of the new focus—lawyers are uniquely suited to be of service to such organizations. Members can expect programming in association with the Children’s Network of South Florida, too, to provide opportunities for at-risk children to do some regular “kid stuff.” An LCBA “Try-Athalon” will give them a chance to experience various activities and earn awards and trophies. The YLD has generated ideas such as a bowling night, a mini-golf tournament and a freshwater fishing tournament. Some programs throughout the next few years will be more inclusive of members’ children, too.

Lawyers in paradise Part of the emphasis on programming that benefits kids is a holdover from Atwood’s time as president of the statewide YLD. There he saw the development of ideas that have turned into standard programs in many voluntary bars around the state, including the popular Holidays in January, which has recently become Holidays All Year Round. He has also been to a meeting of virtually every local bar association in the state, which has highlighted how lucky we in Southwest Florida are to live in a true paradise characterized by beautiful shoreline, islands, unique flora and fauna and an enviable climate. For that reason this year will feature a new emphasis on bringing people together outside in beautiful locations. The Buckingham Bar-B-Que tradition will continue in the fall, but a springtime shrimp boil will be another judicial appreciation event, to coincide with the start of the fleets’ annual venturing out in search of the famous “pink gold.” Judge Branning will serve as master of ceremonies for this beach outing. An overnight getaway will be a new feature, with a ride on the Key West Express, lunch on the water and excursions to explore the Conch Republic. Other plans include family programs like field trips, date nights with babysitting provided, an Everblades Game and a trip to Gatorama. If you would like to contribute ideas for programs, projects or advancing the LCBA’s focus on community outreach and personal development, get in touch with President Scott Atwood at scott@atwoodlawfirm.com or (239) 898-4130. RG

Pictured opposite page (l to r): John Webb, Dan Endrizal, Jenna Persons, Scot Goldberg, Scott Atwood, Spencer Cordell, Tom Coleman, Kelly Fayer

RES GESTAE | January 2016

January 2016 | RES GESTAE

Legal Lens

Al Frierson, Cora Molloy, Kim Hart

Ed Duncan, Matt Wheeley

Judge Kathy Sturgis

Judge Sturgis' Appreciation Reception Held at The Edison, this event hosted by Brian Sutter recognized Judge Sturgis for promoting justice during her service to the bar and the community through her years on the bench.

Al Frierson, Eric Stiffler, Judge Kathy Sturgis, Ed Duncan

Estonna Garrett, David Roos

Stephan Nunecky, Judge Kathy Sturgis, Frank Piazza Judge Archie Hayward, Eric Stiffler, Cora Molloy

Michael Tew, Al Frierson, Pete Burket

RES GESTAE | January 2016

David Roos, Michael Tew

Michael Tew, Judge Kathy Sturgis, Mike D’Agostino, Al Frierson, Josh Losey Scott Atwood, Amanda Mitteer Bartley

Photos courtesy of Jim Jett Photography

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Legal Lens

Off the Chain

Our grillmaster, Judge Jack Lundy and wife

Judicial Appreciation Bar-B-Q The LCBA’s first ever joint Bar-B-Q with Hendry & Glades County Bar Association featured Southwest Florida Horse Rescue and A Roof for Rufus Rescue.

Mary Beth Adams, Judge James Adams Guichard St. Surin and family

Magistrate Kim Davis Bocelli and family, Spencer Cordell, Scott Atwood Judge McHugh's daughter and wife, Karla Campos Andersen, Mike Andersen, Judge Mike McHugh

Lachlan Branning, Noelle Branning Photos courtesy of Jim Jett Photography

Austin Turner, Tom Smoot

RES GESTAE | January 2016

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The Dish

few weeks ago I witnessed something that was not at all standard. Meeting friends at Ichiban for a spot of sushi before a downtown art event on a Saturday night, I happened to glance across the way at the restaurant space that was for a time occupied by Broadway Bistro, and before that Vino de Notte. Whatever happened to Bara Bread Bistro? Anyway, what I noticed was people. A lot of them. In editorial planning for Res Gestae, we’ve come to adopt certain longevity guidelines before featuring a new restaurant—it’s disheartening to dedicate column inches to a promising new establishment only to see it shuttered a few months later. The sight and sound of all that ebullient humanity, however,

served as a reminder that rules are meant to be broken.

RES GESTAE | January 2016

The Standard opened with a whisper, not with a bang. Soft openings are a common tactic for untested restaurants, which are usually followed by a marketing blitz and official grand opening. Owners Chris and Doug Blauvert, however, didn’t have a chance to think about it before the buzz started building on its own. Recently relocated from up north, the brothers landed at the historic Snack House building on Broadway and applied just enough polish to capitalize on the building’s many existing assets and get them to shine—literally. Exposed brick and generous windows made me nostalgic for the renovated textile mills of my college town of Lowell, Massachusetts (cradle of the American Industrial Revolution, if you please). On a recent lunchtime visit, lots of glorious light streamed in, despite the overcast conditions outside, and glinted on elemental finishes of metal, glass and knotty pine. The food, too, was illuminated as if by a theater spotlight, as befits such fresh ingredients and unpretentious presentation. From the restaurant name to its plaidclad servers, pretense is nowhere to be

found on the menu. What is: expertly executed dishes, a pleasing—not overwhelming—amount of variety, enthusiastic service and reasonable prices. The place has also become known for setting the standard for classic and inventive cocktails. Also, The Standard offers many interesting ways to shake up your breakfast routine. There are a couple of different ways to go here, and The Standard is equally suited for a health-conscious client lunch as for some caution-to-the-wind weekend

debauchery with your bad influence friends. For the former, one would do well to order the pan seared snapper with red quinoa, butternut squash, peppers, and salsa verde. A nice selection of salads paired with a fresh pizza with a variety of gourmet toppings could be your middle-

Photos from top down: Owners Chris and Doug Blauvert with server Casey. Sidewalk seating on Broadway. Pan seared fresh fish with butternut squash, peppers and salsa verde. Knotty pine, metal and plenty of natural light make for an inviting atmosphere.

The Dish generous-than-necessary amount of homemade marinara with tender, fennel-accented Italian sausage.

of-the-road option. Or indulge in a starter of homemade chips topped with a blue cheese sauce, bacon and scallions alongside a frosty beer and see where things go from there. Maybe some jumbo shrimp with cheesy grits, mushrooms and bacon? Or the so-so delicious fiocchi, which are pasta purses filled with four cheeses and pear served with a more-

In a location that has seen a lot of openings and closings, The Standard conducts itself with a quiet, well-placed confidence in its service, food and atmosphere. The column inches dedicated here should be assurance that the only thing volatile about this restaurant concept in this fickle market is the heat of the pizza oven, where my plate of Prince Edward Island mussels and deliciously briny broth was placed to just crack open those tiny bivalves. Give it a try. It might become your next standard Saturday night. RG

Photos right from top down: Prince Edward Island mussels. Pasta purses stuffed with cheese and pear, served with marinara and sausage

The Standard 1520 Broadway, Fort Myers Mon – Thur: 8 am – 10 pm Fri: 8 am – 11 pm • Sat: 9 am – 11 pm Sun: 9 am – 10 pm facebook.com/TheStandardFtMyers 239-219-6463

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

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From the Bar Chris Black, Esq. Never mind the old saying—in Chris Black’s case, all roads lead from Rome. Having majored in English and classics at the University of Wisconsin (and earned what he calls his Bachelor's of Unemployment degrees), he was on track for graduate school and a career within the hallowed halls of academia. A summer abroad to study with the Latin secretary to The Pope in Rome changed everything. “I came to the realization that I just wasn’t passionate enough about the subject matter to make the required lifelong commitment,” he recalled. He taught high school Latin for a while, then realized the mental dexterity he cultivated in classics study could be an asset within a different kind of hallowed halls, where he could earn an Employment degree. “I wasn’t the best student in law school,” he insisted, “but I sure understood the antiquated Latin phrases onto which the legal profession hangs.” The problem-solving and communication skills that are a side effect of intensive study of Greek and Latin served him well after earning his J.D., when he landed a job with a national title insurance agency with an office in Naples. There he discovered his entrepreneurial streak, and opened Winged Foot Title in January of 2007. “Great timing,” he remarked with sardonic (from the Greek sardónios) wit. Regardless, where the patina of ancient texts may have lost its sheen as a career option, the smiles on buyers’ and sellers’ faces at the end of a transaction that otherwise could have been prohibitively stressful never gets old. That’s a common motivation for many who have been profiled in his space, whether they do litigation, transactional law or something else. Black said, “As likely one of its most unlawyerly members, I really appreciate LCBA’s role as connector.” When he’s not working to alleviate clients’ stress during one of the largest monetary transactions of their lives, Black tries to squeeze in as much golf as time will allow, and enjoys boating with his wife, Lydia, and their daughter. “But ultimately, we squirrel away as much time and money as possible for travel. Last summer we were fortunate enough to spend a month in Europe and, fingers crossed, are planning a similar expedition for next summer.”

RES GESTAE | January 2016

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From the Bar Elizabeth Kagan, Esq. “I am the queen of multi-tasking,” said Liz Kagan, noting that station has taken a lot of practice to attain. “It’s an acquired skill” – along with many others represented by a string of letters behind her name. In the mid-70s she was working as a nurse in a pediatric ICU. Upon the death of a patient who had been in a motor vehicle accident, the hospital received notice of intent to initiate litigation from the parents. In trying to prepare herself and her colleagues for the legal road ahead, Kagan quickly became aware of a lack of information related to nursing and the law. A book from 1955 was the only available resource to help her wade through issues regarding liability and standard of care. Her husband, now-orthopedic surgeon John Kagan, suggested she go to law school. Today as part of a five-lawyer team, including her two sons and a nephew, she practices in a wide variety of areas, and is able to relate the skills she acquired as a nurse to cases involving healthcare law and personal injury. From southern New York to northern Texas and several states in between, she does a lot of mass torts, including dangerous and defective medical devices like metal-on-metal hip implants and Mirena IUDs and drugs like Zofran and Xarelto. Her knowledge of coding and HIPAA compliance is an asset for clients, as is her status as a Licensed Healthcare Risk Manager. In that capacity she serves two local surgery centers. When she spoke with Res Gestae, Kagan had just seen a client’s family through a difficult Thanksgiving holiday—one of 33 who suffered the loss of a loved one in the sinking of the cargo ship El Faro in Hurricane Joaquin. Anticipating that the case would end up in federal court, Kagan filed a suit under the Death on the High Seas Act on behalf of the family, which includes five children. True to her multi-tasking tendencies, Kagan also owns citrus groves, is one of the original owners of Cru Restaurant, and is the developer of various commercial properties. She and her husband are private pilots, and have enjoyed flying to places like Alaska and Mexico.

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On the Bench Hon. Hugh D. Hayes “Laws are like sausages. It’s better not to see them being made”—often attributed to Otto von Bismarck, credit is likely more properly given to American poet John Godfrey Saxe. The Iron Chancellor may presumably be associated with the quote as a result of having been challenged to a duel with the referenced breakfast meats serving as the weapon. Regardless, the sentiment stands, and Judge Hugh Hayes recalls it often as he and his colleagues work their way through their caseload. “We experience a certain degree of excitement each day as we process our cases, working somewhat like legal detectives examining the historical facts of an incident or a dispute. It’s never a stagnant set of events, it is always challenging and it requires a critical analysis.” His Honor has had that title for 37 years, having been appointed to the Collier County bench by Gov. Reuben Askew and to the circuit by Gov. Bob Graham. His front-row-seat view has given him the perspective of “a legal flaneur if you will, sometimes as an arbitrator, sometimes as a sociologist or a psychologist, but pretty much always as the final decision maker.” He is also serving out his 1998-2016 tenure as Judicial Mentor, wherein he has been able to impart wisdom gleaned along a long career of many good calls, and admittedly, the occasional bad one. “Anything that I can do to help our new judges make the right decisions versus the alternatives not only helps that new judge, but it benefits our judiciary as a whole to become a better institution.” After 13 years in the military intelligence section of the U.S. Army Reserve, the judge cultivated an understanding that “God has made many kinds of people and you must develop the patience and skills to deal with each one of them! Also, one of my favorite expressions from my Army time is that some things are ‘more apparent than real!’” Judge Hayes’ advice to younger practitioners is: “Make a commitment to do something positive and good in our society. Your profession will always be challenging. It is an honorable profession and an honest trade.” When not at work, the judge enjoys being with family and friends, reading for pleasure and working out at the gym.

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In The News THE OFFICIAL AWARD WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION AUGUST 2015

Historic Lee County

Courthouse Celebrating 100 years

On Dec. 1, 2015, Clerk of Court Linda Doggett celebrated the 100th anniversary of the Old Lee County Courthouse with a ceremony to dedicate a new time capsule containing 25 local items, including the Aug. 2015 issue of Res Gestae, which are listed at www.LeeClerk.org. The building was added to the National Register of Historic Places in April 1989. The new centennial time capsule has been sealed in the clerk's vault in the basement. It joins a millennium time capsule installed in Nov. 2000, in addition to a 1989 time capsule that was sealed in the cornerstone of the building following extensive renovations. Contents of a 1915 time capsule discovered during those renovations are on display on the second floor.

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Noel J. Davies of Roetzel’s Fort Myers office has been elected to the Real Estate Investment Society (REIS) of Southwest Florida’s Board of Governors. A Southwest Florida native, Davies focuses his practice on real estate and land use matters. He earned his J.D. from the Florida State University College of Law, cum laude, and his undergraduate degree from the University of Florida, cum laude. REIS is an independent organization dedicated to assisting its members in the effective utilization of real estate through networking, education, public service and a common voice on pertinent issues. Membership is limited to 250 individuals, all of whom are engaged in professions that touch on the real estate industry in Southwest Florida. Henderson Franklin has received eight top tier 1 rankings for the Fort Myers metropolitan area from U.S. News & World Report and Best Lawyers in America. It was recognized in: Commercial Litigation, Family Law, Land Use & Zoning Law, Litigation - Real Estate, Personal Injury Litigation - Defendants, Real Estate Law, Tax Law, and Trusts & Estates Law. According to U.S. News & World Report and Best Lawyers, “ranked firms, presented in tiers, are listed on a national and/or metropolitan scale. Receiving a tier designation reflects the high level of respect a firm has earned among other leading lawyers and clients in the same communities and the same practice areas for their abilities, their professionalism and their integrity.” Former Senator and current Manatee County Supervisor of Elections Mike Bennett and legal professionalism expert Jason Hunter Korn recently joined Ita Neymotin in Sarasota to present a day of CLE training for her staff attorneys. In addition to leading the Office of Criminal Conflict and Civil Regional Counsel for the 2DCA Region, Neymotin is Chair of the Twentieth Judicial Circuit Professionalism Panel. Neymotin and Korn provided an overview of history and standards of professional expectations. Bennett emphasized the wisdom of repealing mandatory minimum sentences for juveniles and those charged with non-violent drug possession crimes, bolstered the argument for restoration of civil rights upon release from prison and called for support of diversionary programs. Dale W. Klaus, a shareholder with the Naples-based firm Klaus Doupé P.A., has been named one of the 2015 “10 Best” Family Law Attorneys in Florida for Client Satisfaction by the American Institute of Family Law Attorneys. Klaus Doupé PA, which recently celebrated its 20th anniversary, provides legal advice and advocacy in the area of marital and family law throughout Southwest Florida. Klaus joined the law firm as an associate attorney in 2001 and became a shareholder in 2005. He is a Master of the Bench member of the Thomas S. Biggs Chapter of the American Inns of Court; and a Board Vice President of the Mental Health Association of Southwest Florida. Roetzel & Andress LPA has been ranked in the 2016 "Best Law Firms" list by U.S. News & World Report and Best Lawyers nationally in 5 practice areas and regionally in 33 practice areas. National rankings were awarded in Commercial Litigation, Financial Services Regulation Law, Litigation – Construction, Real Estate Law, and Transportation Law. The Fort Myers office earned Tier 1 Metropolitan rankings in seven practice areas: Commercial Litigation, Land Use & Zoning Law, Litigation – Land Use & Zoning, Litigation – Real Estate, Litigation – Trusts & Estates, Real Estate Law and Trusts & Estates Law. The office received recognition for its work in Litigation – Construction and Municipal Law as well.

RES GESTAE | January 2016

In The News Preston J. “PJ” Scheiner of Associates and Bruce L. Scheiner recently spoke at a conference hosted by the Catastrophic Care Society in Las Vegas. Scheiner spoke on the topic of “Proof and Argument of Damages in Traumatic Brain Injury Cases Through the Strategic Use of Lay Witnesses.” The Catastrophic Care Society brings attorneys and medical providers up-to-date information on traumatic brain and spinal injury diagnosis, treatment and care management. The organization’s primary goal is to achieve optimal medical and supportive care for patients and clients of legal and medical professionals. Naples-based Laird A. Lile, P.A. received first-tier rankings for litigation, trusts and estates for the sixth consecutive year from U.S. News-Best Lawyers, a peer-review legal publication. The ranking was derived from a combination of client feedback, surveys and Best Lawyers’ peer review process. An elected member of the Board of Governors for The Florida Bar, Laird A. Lile was included in The Best Lawyers in America 2016 for the 21st consecutive year. He was appointed in 2013 by the Chief Justice to a second three-year term on the Supreme Court’s Florida Courts Technology Commission,which is overseeing the technological overhaul of the state’s courts. He was appointed in 2014 by Gov. Rick Scott to the Second District Court of Appeal Judicial Nominating Commission and elected vice chair by his fellow commissioners. Kristie A. Scott has joined Knott Ebelini Hart as an associate focusing her practice in business and civil law. Previously, she practiced business litigation law for a national law firm specializing in community association law. Kristie received her undergraduate degree from the University of North Carolina at Charlotte and her law degree, cum laude, from the Charlotte School of Law. While in law school, she competed in the National Civil and Criminal Mock Trial Competitions. She also served as President/Justice of the Alexander Chapter of Phi Alpha Delta Legal Fraternity and Vice-President of the Black Law Students Association. She graduated with pro bono honors for her commitment to serving the community. Constitutional lawyer, author and radio host David J. Shestokas has collaborated with novelist and language expert Berta Isabel Aria, PhD. to produce an expanded, single-edition version of his series of Constitutional Sound Bites books. Available at Amazon, Cápsulas Informativas Constitucionales contains the text of the Declaration of Independence, Constitution and Bill of Rights, along with discussion and historical context to help America’s Spanish-speaking community identify the freedoms and rights guaranteed to all citizens, and encourage active participation in the democratic process. Information is delivered in a simple format appropriate for native Spanish speakers as well as those who wish to further their Spanish reading skills as a second language.

John "Casey" Stewart has joined the Simmons Law Firm, P.A. as a new associate attorney focusing his practice on Probate, Wills, Trusts, Estates, Business Law and Real Estate. Stewart was born and raised in Fort Myers and is a Fort Myers High graduate. Stewart attended the University of Central Florida for his undergraduate studies and Ave Marie School of Law for his Juris Doctorate. His father, John Stewart, practiced law in Fort Myers for 30 years before recently retiring from practice.

Paralegal Nickie Stewart of Henderson, Franklin, Starnes & Holt, P.A. was sworn in as the National Association of Legal Assistants (NALA) Liaison for the Gulf Coast Paralegal Association (GCPA). Stewart will serve as the main contact between NALA and GCPA, and is also now a member of the GCPA board of directors. She will receive minutes of all NALA meetings, represent GCPA at the NALA annual meeting of affiliated associations, and prepare a mid-year report and an annual report on GCPA activities to the NALA Affiliated Associations Director. Stewart will also participate in discussion sessions at NALA’s annual meeting and present a report on the meeting to GCPA members.

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. January 2016 | RES GESTAE

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