THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION APRIL 2016
THE LCBA CELEBRATES ITS 23RD ANNUAL LAW WEEK
Withdrawal of Counsel
Avoid double the pain
SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949
Contents On the cover: Second District Court of Appeals Chief Judge Craig Villanti enjoys fielding student questions before oral arguments as part of Law Week 2015. Photo credit: Jim Jett Photography
AD DIRECTORY Allied Business Solutions
25
Birch Properties
36
Boyle & Leonard, P.A.
20
features
28
7
Business Observer
19
Calvo & Calvo Attorneys at Law
37
CONRIC PR & Marketing | Publishing
34
Denise Kennedy
18
Dial A Nurse Inc.
11
Donna Tisch
13
Edison National Bank
BC
ENCORE Bank
IFC
Experience Real Estate Group, LLC
27
Florida Dispute Resolution
15
Fort Myers Court Reporting
18
Garvin Law Firm
11
Get Smart Bail Bonds
15
Geraghty Mediation
33
20 A Nation of Laws
Henderson, Franklin, Starnes & Holt, P.A. 19
The LCBA celebrates its 23rd annual Law Week
Hotel Indigo
27
Jason L. Gunter, P.A.
37
by Sara Fitzpatrick Comito
Joe Viacava Law
departments 6 Letter from the President
by Scott Atwood, Esq.
8
Calendar of Events
10 Ethically Speaking
by Henry Lee Paul, Esq.
12 Land Use & Government Law
A peek into the Land Use & Governmental Law Practice Section by Amanda Brock, Esq.
26 24 Legal Lens
Past President's Luncheon
Ita Neymotin
22 Legal Lens
4
March Member Luncheon
RES GESTAE | April 2016
Leslea Ellis, LLC
37
Levins & Associates, LLC
11
Livingston Loeffler, P.A.
25
Massie & Reilly CPAs, PLLC
25
McHale, P.A.
31
Merit Court Reporting, Inc.
17 33
28 The Dish
Simon M. Harrison
17
Shrimp Boil
Seven Oaks Restaurant
18 Kudos
19
Patterson Eskin & Ball
16 Catching Up With...
17
Leonard P. Reina
3
35 New Members
Lee County Association of Women Lawyers (LCAWL)
Law Firm of Scott T. Moorey
26 Legal Lens
Southwest Florida's Premier Estate Planning Conference Continues to Succeed
33
Musca Law Office, Inc.
14 Ave Maria 29 100 Club
IBC
Kushner & Kushner Attorneys
34 From the Bar
Candice Smith, Esq.
36 On the Bench
Honorable Devin S. George
38 In the News
5
T 3 Communications
31
Veranda Restaurant
27
Vantage Construction Services
18
Von Ahn & Associates
33
Webb & Scarmozino
31
Gus Simmons, Esq.
35 From the Bar
Spivey Law Firm, P.A.
News and Happenings
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Letter from the President We are in the midst of an extraordinary national race for the Presidency. People are talking about the strength of our democracy and about the entire political process. It is extremely important to have those discussions as Americans. Apathy is the death knell to any group. We at the LCBA have launched this Board’s mission to avoid member apathy and to reach out to its members and the community in order to increase our visibility and usefulness. I think we have done a pretty good job to date. We celebrated our judiciary with the inaugural Bench/Bar Shrimp Boil on the beach at Lover’s Key. Spurred on by the fine boil efforts of Judge Branning and attorney Jerry (the “Cajun”) Von Gruben, we had a fantastic turnout of approximately 120 people. I give special thanks to those who braved the potential issues related to an “inaugural” event, and still chose to sponsor: CopyLady, Goldberg, Racila, D’Alesandro and Noone and our games sponsor Massie & Reilly, CPA. And thanks to everyone who came out and enjoyed a beautiful day. Our chefs have already signed on for next year, so looks like we have a new event to mark on your calendar. A great crowd also turned out for our monthly luncheon, where Tampa Bay Lightning President and NHL Hall-of-Famer Phil Esposito shared some stories of life. Amazing speaker and person. Thanks so much to local attorney (and cofounder of the Lightning) Henry Paul for making that happen and for giving us an experience that I, at least, won’t soon forget. The YLD also launched its award-winning Tryathalon program with the Children’s Network as part of our community outreach. More than 30 foster kids participated in the first event. My hat is off to the YLD members who volunteered on a Saturday to bowl with the kids. The kids were so wonderful, and they had a blast gobbling up the pizza after competing (a competition won by the cutest 6-yearold twins ever). Please consider volunteering next month for the second leg of the Tryathalon: Mini-Golf. We mixed in the month with CLEs and luncheons by our sections, a Date Night sponsored by the YLD (we hope to do this again in the Fall, so keep an eye out for it), a joint social with LCAWL to raise money for their scholarship program, and a wonderful time at the speakeasy known as the 86 Room in downtown Fort Myers. April has a lot on the plate too. A craft beer festival just for us. Law in the Mall. A joint event with Collier. And more. Get involved. Give back. Make new friends. You won’t be disappointed….And follow the LCBA on Facebook: “Like” us so you can get regular updates on what’s going on with us. Scott Atwood, Esq. scott@atwoodlawfirm.com | 239.898.4130 6
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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., Jenna Persons, Esq. Scot Goldberg, Esq., Shannon Puopolo, 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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Calendar of Events April 1
Young Lawyers Division Meeting Noon – 1 p.m., at The Connection Bar & Grille, 2282 First Street. Thomas Coleman, YLD President
Suds for ArtWalk YLD Fundraiser 5 – 10 p.m. Fort Myers River District. Thomas Coleman, YLD President
Uncommon Friends Foundation Scholarship Deadline The LCBA is pleased to again offer two $1,000 scholarships through the Uncommon Friends Foundation. For more info, visit www.uncommonfriends.org
April 8
Criminal Law Practice Section Brown Bag Noon – 1 p.m., Courtroom 7B of the Lee County Justice Center. Marisa Boysen and Stephanie Russell, CoChairs
Hawthorne, Ita Neymotin, Debra Bass, Alicia Guerra, Henry Lee Paul and Anne Dalton. FREE to attend, $25 for Non-LCBA Members seeking CLE credit. Anne Dalton and Bill Merchant, Co-Chairs
April 21
Family Law Practice Section Brown Bag Noon – 1 p.m., Courtroom 5C of the Lee County Justice Center. Dustin Butler and Ryan O’Halloran, CoChairs
Executive Council Meeting 4:45 – 5:30 p.m., precedes monthly social
After-Hours Social 5:30 – 7:30 p.m., location in Bonita Springs TBA. Joint LCBA/CCBA and YLD Connect Event
April 27
LCBA After-Hours Social 5:30 – 7:30 p.m. Joint Social with Collier County Bar
April 28
Land Use and Governmental Law Practice Section Lunch Meeting Noon – 1 p.m., Location and additional details to be provided at leebar.org. Neysa Borkert and Amanda Brock, Co-Chairs
April 30
Law in the Mall 10 a.m. – 2 p.m. Edison Mall. Ryan O’Halloran, Chair
May 2
Law Week Blood Drive
April 22
Investiture for Honorable Devin S. George
7:30 – 9 a.m., location TBD. Sponsored by Aloia, Roland & Lubell. Jason Gunter and Conor Foley, Co-Chairs
April 23
Mini-golf event
8 a.m. – 3 p.m. Lee Memorial Bloodmobile will be parked at the SE corner of Monroe St. and Dr. Martin Luther King, Jr. Blvd. to receive our blood donations. Contact Luis Rivera at 239-3441323 or luis.rivera@henlaw.com
April 11
April 24
May 5
3 - 7 p.m., Centennial Park. See page 32 for details.
4 – 7 p.m. Presented by the Lee County Association of Women Lawyers to honor the Judiciary of the Twentieth Circuit and
Solo and Small Firm Practice Section Meeting
ADR Practice Section CLE/ CME 2 – 5 p.m., Courtroom 5-J, Lee County Justice Center. ADR Practice Section CLE/CME (Advanced Level, 3.5 Hours). Presenters include Hon. Robert Branning, Hon. Amy
3 p.m., Historic Lee County Courthouse
Second Leg of YLD’s Tryathalon
Craft Beer Festival
The Bar & Judiciary Appreciation
Thank You to our Annual Sponsors for 2016
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Calendar of Events the Middle District of Florida. Complimentary beer, wine and hors d’oeuvres during a prereception cocktail hour from 4 - 5. Cost TBD. RSVP to Dawn Jezik at ddj@blslawyers.com
May 6
2DCA Judges' Oral Arguments & Students' Q&A 8:30 a.m., Courtroom 4-B, Lee County Justice Center
Law Week Awards Luncheon 11:30 a.m. – 1:00 p.m., The Marina at Edison Ford. Honoring Law Enforcement Officers of the Year from the police departments of Fort Myers, Cape Coral and Sanibel and the Lee County Sheriff’s Office. The Dr. James A. Adams Lee County Teacher of the Year for Law-Related Education will be awarded to an outstanding teacher, and the prestigious Liberty Bell Award will be presented to a deserving member of our community. RSVP online at www.leebar.org or call (239) 3340047.
May 19
Family Law Practice Section Brown Bag Noon – 1 p.m., Courtroom 5C of the Lee County Justice Center. Dustin Butler and Ryan O’Halloran, Co-Chairs
May 20
Investiture for Honorable Geoffrey Gentile 3 p.m., Historic Lee County Courthouse
May 21
6th Annual Charity Golf Tournament 8 a.m. Shotgun Start, The Forest Country Club, 6100 Club Blvd. Proceeds to benefit the Guardian Ad Litem Foundation. $135/ individual golfer, $500/team, $25 for 19th Hole Lunch only, featuring a silent and live auction. Title Sponsor: Roetzel
May 25
Executive Council Meeting 4:45 – 5:30 p.m., preceding monthly social
After-Hours Social 5:30 – 7:30 p.m., location TBD
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. Amanda Brock, Esq. Sara Fitzpatrick Comito BILLING INQUIRIES 239.334.0047
May 26
Land Use and Governmental Law Practice Section Lunch Noon – 1 p.m., location and additional details to be provided at leebar.org. Neysa Borkert and Amanda Brock, Co-Chairs
Some dates for 2016 Section Meetings have not been confirmed. Locations are in Fort Myers unless otherwise noted. 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
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.
April 2016 | RES GESTAE
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Ethically Speaking
WITHDRAWAL OF COUNSEL: How to Avoid Double the Pain
By Henry Lee Paul, Esq. A common cause for withdrawal of counsel during litigation is the non-payment of fees by a client. It is important for counsel to remember that just because a client has not lived up to their obligation to pay for services, they are still protected by the obligations of confidentiality and decorum. Although a lawyer may be tempted to say or write all sorts of disparaging comments about a non-paying client, a lack of discretion could result in serious discipline. In The Florida Bar v. Knowles, 99 So. 3d 918 (Fla. 2012), a Florida lawyer learned a very difficult lesson for failure to protect confidentiality during the withdrawal process and was suspended from the practice of law for a one-year period. Ms. Knowles has not yet been reinstated and remains ineligible to practice law. In an immigration matter, Ms. Knowles moved to withdraw and explained in her pleadings that the client bounced a check for fees, had a bad reputation, and deserved a recent criminal conviction. Ms. Knowles further contacted a state prosecutor and stated that she believed the client would lie during her testimony in the immigration hearing. The prosecutor informed homeland security of the statement. In a separate matter, Ms. Knowles failed to attend a personal injury mediation on behalf of the client. In rejecting Ms. Knowles justification for revealing confidential information in
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violation of Rule 4-1.6 (Confidentiality), and for disparaging her client in violation of Rule 4-8.4(d) (Conduct Prejudicial to the Administration of Justice) the Supreme Court stated: “When lawyers desire to withdraw from representing a client, they are not entitled to act in such a manner. A lawyer who is upset with her client is not permitted to turn on her client and begin disparaging and betraying her. Rather, the lawyer must maintain client confidences, even after withdrawing from representation.” Although there are exceptions to Rule 4-1.6, these exceptions will be narrowly construed. It must also be remembered that simply filing a Motion to Withdraw does not necessarily excuse a lawyer from representing a client in court or related proceedings. Rule of Judicial Administration 2,505(f ) provides the following: (f ) Termination of Appearance of Attorney. The appearance of an attorney for a party in a proceeding shall terminate only in one of the following ways: (1) Withdrawal of Attorney. By order of court, where the proceeding is continuing, upon motion and hearing, on notice to all parties and the client, such motion setting forth the reasons for withdrawal and the client's last known address, telephone number, including area code, and email address. (2) Substitution of Attorney. By order of
court, under the procedure set forth in subdivision (e)(2) of this rule. (3) Termination of Proceeding. Automatically, without order of court, upon the termination of a proceeding, whether by final order of dismissal, by final adjudication, or otherwise, and following the expiration of any applicable time for appeal, where no appeal is taken. (4) Filing of Notice of Completion. For limited representation proceedings under Florida Family Law Rule of Procedure 12.040, automatically, by the filing of a notice of completion titled “Termination of Limited Appearance” pursuant to rule 12.040(c). A lawyer should remember not to compound the pain of a non-paying client by reacting in a manner that will result in discipline. Decorum and confidentiality must be observed when seeking to withdraw as counsel. 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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Land Use & Govermental Law
A PEEK INTO THE LAND USE & GOVERNMENTAL LAW PRACTICE SECTION By Amanda Brock, Esq.
As residents of Lee County, we have all experienced the roller coaster economy and likely either accepted the inevitably of change or clawed hopelessly to the “glory days” of the past. For those of us that have been here for a decade or more, this probably rings even more true. And for those of us focusing our law practice in the fields of Land Use and Governmental law, it has been a ride filled with high and low expectations, empty and fulfilled promises of development that would bring the synergy (a loved word in the planning community) needed to spark the excitement of the very community needed to support these types of large projects, and time to rethink and revisit the regulations that direct development in this place we all live and love. One constant throughout this period of change has been the professionalism and friendship fostered in the Land Use & Governmental Law Practice Section. We hold monthly lunches with speakers from a broad range of topics and jurisdictions that promise to touch upon the varied practice areas of our members, and the consultants with which we work so closely. While I opened this article by referring to us collectively as “residents of Lee County,” when it comes to this unique practice area, it is a world filled
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with interactions of local jurisdictions, regional groups, state agencies, and the residents that comprise each. It may be easy for those outside of this practice area to not realize how many local jurisdictions we have in Lee County, or perhaps appreciate how vastly different the regulatory structures are in each of those jurisdictions. Unincorporated Lee County, City of Fort Myers, City of Cape Coral, City of Bonita Springs, Town of Fort Myers Beach, City of Sanibel and now the Village of Estero each have their own distinctive Codes of Ordinances that direct how development is to occur within their jurisdictional bounds. From the private sector side, this offers an exciting opportunity to never practice law quite the same way two days in a row. From the public sector side, the Section offers a wonderful possibility of learning what the other jurisdictions are doing to perhaps rethink a certain regulated area. For example, in January our Section featured Don Paight, Executive Director of the Community Redevelopment Agency for the City of Fort Myers, who shared exciting updates to the many redevelopment projects shaping our downtown and sneak peeks of what is on the horizon. Representatives from many of the local jurisdictions have shared similar presentations with us.
In addition to this jurisdictional variety, members of our Section routinely interact with the more technical aspects of land development. Our March program featured Melissa Roberts and Phil Flood from the South Florida Water Management District to share with us their insight into that agency’s administrative hearing process as well as the Lake Okeechobee releases. Finally, our Section has a renewed focus on offering CLEs to our membership with timely content. An example here is our February program, where we heard from Susan Trevarthen, a noted speaker, analyze the recent U.S. Supreme Court ruling of Reed v. Town of Gilbert which impacts local governments’ sign regulations. We have several more CLEs planned for this year, so keep an eye out! RG
Amanda L. Brock is a Shareholder at Henderson Franklin, practicing land use and environmental law. She is President of the Real Estate Investment Society and on the Leadership Council for Take Stock in Children.
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s ’ a d i r o l F Southwest
Premier Estate Planning Conference Continues to Succeed Courtesy Ave Maria School of Law
Jonathan E. Gopman, Partner and the chair of the trusts and estates practice group at Akerman LLP, an adjunct professor at Ave Maria School of Law, saw a need in the Southwest Florida market for a major continuing education program in estate planning for attorneys, accountants and other financial planning professionals. Now in its third year, the Estate Planning Conference is a continued success which includes nationally recognized speakers. Jonathan Blattmachr, one of the top speakers in estate planning today will be a special guest speaker at the pre-conference the evening before on May 5 hosted by Northern Trust and Mr. Blattmachr will also speak at the conference on May 6 at The Ritz-Carlton Golf Resort, Naples. The Ave Maria School of Law Estate Planning Conference offers estate planning professionals in Southwest Florida a unique professional development and networking opportunity and the chance to earn over 10 credits in each of the following categories - CLE, CTFA and CFP. The second conference last year was led by Christopher Bray as Chair, an Adjunct Professor at the law school and Managing Director, Ariel Capital Advisors, LLC. Gregory T. Holtz, Visiting Assistant Clinical Professor of Law, is serving as the 2016 Estate Planning Conference Committee Chair. "This year's program committee has focused on creating an educational experience that is not only timely and interesting but helpful and relevant to the entire estate planning community,” said Mr. Holtz. “Attendees will have a unique opportunity to create a conference agenda that responds to their interests and also the needs of their specific practices." 14
RES GESTAE | April 2016
The notable speakers confirmed for the 2016 conference are Jonathan Blattmachr, S. Stacy Eastland, Marve Ann Alaimo, Tae Kelley Bronner, Jill Creager, Jan Dash, Barry Flagg, Alan S. Gassman, Jonathan E. Gopman, Kevin Govern, William Hennessey, Jerome M. Hesch, and Leeford Tritt. Marve Ann Alaimo, who serves on the Estate Planning Conference Committee, was responsible for orchestrating the lineup of speakers. “The committee reviewed a list of various topics that we thought would be of appeal to conference attendees, giving consideration to their varied skill sets and levels of experience. We chose topics that would have wide appeal for practitioners of different backgrounds. Our committee co-chairs, Alan Gassman and Jerry Hesch, are themselves nationally known speakers with many connections to others with the knowledge and reputation to speak to these various topics. We were fortunate enough to be able to take advantage of their many resources and relationships to attract high-caliber speakers who are well respected in the estate planning community.” Topics of discussion include: • Innovative Strategies for Life Insurance and the Use Thereof • Role of Legal Professionals in Family Governance • Coffee with Alan: An Introduction to Select Estate Planning and Asset Protection Strategies • Pulling the Rabbit out of the GRAT Hat: Some of the Most Creative Structural GRAT Planning Ideas We See Out There • What We Wish We Knew When We Started Practicing Law – NonTax and Practical Advice for Estate
Planners Young and Old • Wealth Asset Protection • Look before You Leap! Planning at the Cliff of a Client’s Capacity • 10 Questions Every Planner Should Ask before a Client Purchases or Continues a Life Insurance Policy • Using Your Estate Planning Partnership to Reduce Federal Income Taxes • Soup to Nuts: A Guide to the Homestead Act • Estate Planning for Artists, Authors, and Other Copyright Owners • From Cyberspace to Office Space: The Attack on Confidentiality and Ethics and What Lawyers Can Do About It The conference wouldn’t be what it is today without its sponsors. The 2016 sponsors are made up of an impressive group including CliftonLarsonAllen, PCE Valuations, Ariel Capital Advisors, LLC, Leslie Hindman Auctioneers, Farmer & Associates, PLLC, Akerman LLP, Cummings & Lockwood, LLC, Gassman Law Associates, P.A., Providence Family Offices, Roetzel & Andress, LPA, Collier County Bar Association , Hill, Barth & King, Lee County Bar Association, Sabadell Bank & Trust , Thompson Reuters, Veralytic, Hawthorn PNC Family Wealth, Innovative Benefits Consulting, Inc. and Northern Trust and Advisors Trust. Ave Maria School of Law is an independent Florida law school established in 1999. At Ave Maria Law, the goal for students is to create an educational philosophy that emphasizes the moral foundations of the law, presents insights from the Catholic intellectual tradition, and encourages a broader perspective of the law and its primary role in society. RG
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April 2016 | RES GESTAE
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CAtching Up With...
The Lee County Association for Women Lawyers held a mentoring event on March 8. The event was hosted by Lee County Judge Josephine Gagliardi, with panelists including: Collier Circuit Judge Lauren Brodie Collier Circuit Judge Christine Greider US Magistrate Judge Carol Mirando, Middle District of FL 20th Judicial Circuit Public Defender Kathy Smith Lee Circuit Judge Margaret Steinbeck Fort Myers Div. Judge of Compensation Claims Kathy Sturgis Lee Circuit Magistrate Carolyn Swift. Special guests from the Florida Association for Women Lawyers: President Kristin Norse, Esq. President-Elect Leora Friere, Esq. The event was sponsored by Jennifer Basey, Edward Jones Financial Advisor.
LCAWL Past President and LCBA Vice President Kelly Fayer, Esq. spoke about International Women’s Day and how LCAWL works toward establishing parity between the sexes in the workplace, including providing a scholarship for law students who seek to practice locally. Kristin Norse spoke about programs available through FAWL to assist women with advancement in the legal field, including placement on committees in The Florida Bar and nominations to the Judicial Nominating Committees. Please join LCAWL at its Bar and Judiciary Appreciation reception as part of the upcoming Law Week activities. See more details on the Calendar of Events on page 8.
Try, try, and tryathalon again LCBA, YLD and Children’s Network of Southwest Florida team up for the fun of it!
For the first leg of the Tryathalon, the kids enjoyed trying their hands at some bowling. Thanks to Kristalyn Loson, who helped with T-shirts and event organization, Blaze Douglas for handling prizes and event organization, Shirlarian Williams for her help with the prizes. Melissa Mongiello, Mary Cosmo, Kate Snyder, Kristina Neckar and Scott Atwood also helped by volunteering
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RES GESTAE | April 2016
on the day of the event. Michael Lehnert and John Miller also helped out with team organization and event planning. Finally, YLD President Tom Coleman brought everything together. Join in the fun on April 23 when the second leg of this new event introduces the children to the joys of mini golf! Contact Tom Coleman to get involved at TColeman@ralaw.com. RG
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A NATION OF LAWS The LCBA celebrates its 23rd annual Law Week
By Sara Fitzpatrick Comito
Law Day turns 58 this year. The American Bar Association first floated the idea in 1957, and Eisenhower issued his proclamation the year after that. Congress passed a joint resolution in 1961 to dedicate May 1 as a day to honor the role of law in the creation and ethos of our country. Every president since “Ike” has followed suit with his own annual proclamation. The Lee County Bar Association started celebrating with a full week of activities in 1994, with Judge John S. Carlin – ably assisted by his JA, Joanne Atkins – at the helm. In its 23rd year, the LCBA’s Law Week continues to expand in participation, breadth of programming and outreach to the Lee County community. 20
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Pro Bono Publico The latter point is the main point, according to Judge Carlin. “The purpose of Law Week is for local attorneys to give back to our community,” he said. To that end, local attorneys provide free legal advice to members of the public at Law in the Mall. The LCBA partners with Lee Memorial Health System for an annual blood drive. The annual Law Week Awards luncheon recognizes law enforcement officers and a Teacher of the Year for Law-Related classes. The prestigious Liberty Bell Award is presented to a deserving community member. Law Week includes a yearly visit to the Lee County Justice Center from the Second District Court of Appeals judges to preside over oral arguments. This year it happens at 8:30 a.m. on Friday May 6 in Courtroom 4-B. Those judges recently began inviting high school students to attend the oral arguments and a question-and-answer session beforehand. At almost a quarter of a century old, Law Week continues to stay ahead of the times. Judge Carlin said, “This year the Court is distributing the electronic briefs to the students so they can read about the cases prior to attending oral arguments.” Such a robust agenda requires the participation of LCBA members. As Law in the Mall Chair, Ryan O’Halloran is always on the lookout for lawyers willing to devote part of a Saturday – this year on April 30 from 10 a.m. to 2 p.m. Contact him at ryan@ ohalloranfamilylaw.com.
You won’t be sorry, according to PresidentElect Kelly Fayer, who has happily participated in the event for the last 10 years. “It is a great way to meet other LCBA attorneys and build business relationships,” she said. “Occasionally, people I speak with during the event will retain me for legal services. However, I found the most rewarding aspect of Law in the Mall is the opportunity to meet members of the community who need help.” Model citizens Attorney Luis Rivera has coordinated the Law Week Blood Drive since 2008, and he has memorized all the stats to underline the urgent need for maintaining an adequate blood supply. Email him at luis.rivera@henlaw.com, then prepare to visit the Bloodmobile at the southeast corner of Monroe Street and Dr. Martin Luther King, Jr. Blvd from 8 a.m. to 2 p.m. on May 2. Rivera said, “Like Law in the Mall and the Law Week Awards Luncheon, the Blood Drive is just one other way the members of our Bar Association can make a meaningful impact on the wellbeing of our community. Interestingly, Blood Drives are a common feature of Law Week activities across the country.” The LCBA shares community outreach as a common goal with the Lee County Association for Women Lawyers. As part of the Law Week activities, that group will host The Bar and Judiciary Appreciation
reception, with a cocktail hour from 4:00 - 5:00 p.m. before the main event from 5:00 - 7:00 p.m. The reception will honor the Judiciary of the Twentieth Circuit, 2DCA and the Middle District of Florida. RSVP to Dawn Jezik at ddj@ blslawyers.com. The festivities wrap up with the Law Week Awards Luncheon, held this year at The Marina at Edison Ford on Friday, May 6 from 11:30 a.m. to 1:00 p.m. The luncheon will honor Law Enforcement Officers of the Year for the City of Fort Myers, City of Cape Coral, City of Sanibel and the Lee County Sheriff ’s Department. Also, the Dr. James A. Adams Lee County Teacher of the Year for Law-Related Education will be awarded to an outstanding teacher, and the prestigious Liberty Bell Award will be presented to a deserving member of our community. RSVP and pay online at www.leebar.org or call (239) 3340047. On the occasion of Law Week, Judge Carlin likes to remind LCBA members that volunteers are always needed for Justice Teaching, which operates under the leadership of Florida Supreme Court Justice Fred Lewis. As the long-time representative for the Twentieth Judicial Circuit, Judge Carlin said, “Justice Teaching volunteers go to their schools and meet with students to teach about legal topics. This is an invaluable service that lawyers and judges provide to the students of Florida.” RG See all the Law Week events at the calendar on page 8 of this publication, and also at leebar.org. April 2016 | RES GESTAE
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Legal Lens
March Membership Luncheon After an introduction by Tampa Bay Lightning cofounder Henry Paul, a rapt audience hung onto NHL Hall of Famer (and gifted storyteller) Phil Esposito's every word. Photo credit: Jim Jett Photography
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Legal Lens
April 2016 | RES GESTAE
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Legal Lens
Scott Atwood with Past Presidents
Che' A. Diaz, Cynthia Duff, Alina Gonzalez-Dockery
Past Presidents Luncheon The LCBA celebrated its history and honored its past presidents at a luncheon at the Marina at Edison Ford on Feb. 19.
Carolann Swanson, Nirupa Netram
Bill Kourpouanidis, Shannon Puopolo
Mayor Randy Henderson, Scott Atwood
Miguel C. Fernández, Kelly Fayer, Nathan Winesett
Judge Archie Hayward, Andrew Epstein
Ronald Smalley, Judge Thomas Corbin, Denis Noah
Carlos Kelly, Shannon Puopolo, Austin Turner, Scott Atwood
Stephen Dalton, Jim Humphrey Photo credit: Jim Jett Photography
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Legal Lens
Shrimp Boil at Lover's Key On March 6, about 120 attendees enjoyed fun, sun and the Gulf’s bounty at the inaugural LCBA Shrimp Boil with Judge Branning at the kettle.
Photos courtesy of Jim Jett Photography
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The Dish
By Sara Fitzpatrick Comito
Because our food is made to order you may experience a longer wait time. This notice appears in the menu and also on a discreet placard on the tables at this month’s Dish restaurant. Although some might consider it a warning, to me it’s a welcome sign. I’m not much interested in fast food. And when I venture out for a meal, I’m in it for an experience that doesn’t begin with the beep of a microwave. Apparently I’m not alone. In the booth behind my party on a Tuesday night at Seven Oaks sat a group of tourists who had recently visited Flagler Beach, and were commending that city’s ordinance forbidding chain restaurants. Does that ordinance exist? Perhaps one of our readers could confirm. The service at this new restaurant was friendly and not at all slow. A basket of warm, expertly house-baked bread was delivered right after the drink order was taken. A pretty plate of carpaccio was delivered in short order, and devoured almost as quickly. That thinly shaved beef was just barely blessed by earthy truffle and fresh parmesan, and plated with a mound of baby greens. Owner Albert Greber stopped by the table between courses, an amicable fellow whose old world accent belies the fact that he’s American, as he says, “I lived in 44 states before I came here.” We knew it already – there’s something special about Southwest Florida. Now Cape Coral
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is more special. That city has more than its fair share of chains, so it’s refreshing that there are places like Seven Oaks, which are unique. After Easter Seven Oaks will end lunch service. Albert said it just isn’t the right market. He’s making other concessions to the market. Tuesday Pasta Nights will allow diners to try the various pappardelle, penne and linguine dishes at a discount. The menu includes classics like clam sauce, shrimp scampi, bolognese, chicken parmesan and more. Pizza Night on Sundays will likely be a hit, with the Neapolitan style pizza fired at about 850 degrees. Think: the perfect old-fashioned dough recipe, rendered light and crispy in the furnace, fresh crushed tomato sauce and beautiful, well considered toppings. And chicken wings! But don’t forget the how versatile wood fire cooking can be. Also on the menu are a New York strip, filet mignon, hazelnut crusted mahi mahi, honey walnut salmon and a half-pound burger with bacon, provolone, carmelized onions, lettuce and tomato on a house made pretzel bun or potato roll. Seven Oaks is located off Del Prado on Miramar Street, whose Floridian-noir character may prompt a passenger (me) to inquire of the driver, “Are you sure you know where you’re going?” (Sorry, husband). But as the shadows grow longer, a violet-lit restaurant featuring
Photos: xx
The Dish lots of wood accents and a fire-breathing dragon in the kitchen makes an evening unique. Did you know “unique” is an absolute modifier, and therefore should not be further modified using “very” or “not even a little?” Just a tidbit from this English major who, as such, is grateful for the helpful little percentage guides at the bottom of some restaurant receipts for tipping the servers, especially after
a glass or two of vino. My apologies for perpetuating that awful cliché. But with their earnest dispositions, communicativeness, and genuine appreciation for the food they served on that night, those servers deserved the 25%. Those Flagler Beach fans behind us likely came to the same conclusion as they slowly relished their tiramisu under the violet glow, and in the warm company of their companions. RG
SEVEN OAKS RESTAURANT 1227 Miramar St. , Cape Coral (239) 257-2209 SevenOaksRestaurant.com Tuesday to Thursday 4 – 9 p.m. Friday 4 – 10 p.m. Saturday and Sunday 4 – 9 p.m.
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.
Aloia Roland & Lubell, LLP
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Bergermann Law Firm
Henderson, Franklin, Starnes & Holt, P.A.
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Roetzel & Andress, L.P.A.
Boyle Gentile & Leonard, P.A.
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Steinberg & Linn, P.A.
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Fried & Fried, P.A.
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Legal Lens
Shrimp Boil at Lover's Key
Photos courtesy of Jim Jett Photography
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RES GESTAE | April 2016
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Legal Lens
Shrimp Boil at Lover's Key Many thanks to our sponsors: CopyLady; Goldberg, Racila, D’Alesandro and Noone; and Massie & Reilly, CPA
Join us for the inaugural LCBA Beer Garden Festival! 3 – 7 p.m. April 24 at Centennial Park (East). Bring the family and pets for this kid-friendly event. Featuring 8 local craft beers to sample, fresh appetizers cooked by LCBA attorneys, and live entertainment. Bring your competitive spirit for croquet and cornhole. Dress code: casual – MANDATORY • Preferred footwear: sandals $20 per person (under 21 free) - LCBA members and guests only!
Space is limited. RSVP and pay at leebar.org. Sponsored by Suncoast Beverage, CopyLady, Strayhorn & Persons
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RES GESTAE | April 2016
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From the Bar Augustin Simmons, Esq. Take a look at Gus Simmons’ bio on his website, and you’ll quickly learn how connected his identity and values are to his family. One short introductory paragraph gives way to praise for the example his father and Simmons’ upbringing in Missouri. We also meet his “wonderful” wife, Tina DiCharia, who sells real estate with her father-in-law, a retired trial judge – that is, when she’s not doing some occasional court reporting. With a strong focus on family law, Simmons is conscious of the fact that many of those in need of his services do not have the network of support he’s always enjoyed. His Midwest upbringing instilled an appreciation for the Golden Rule, which he said he tries to invoke daily. “In general, kindness and not being too quick to judge are my most valuable tools, whether it be an amicable or litigious matter.” Being a Florida Supreme Court Certified Family Mediator and Circuit Civil Mediator enables Simmons to provide better long-term outcomes for parties whose immediate emotional state may have caused them to forget the Golden Rule. Simmons’ dad encouraged him to get his real estate license, which helps a great deal in many divorce cases. It has also enabled the firm to diversify over the last couple of years to include some real estate, title work and estate planning services. The Simmons Law Firm was established in 2012. At the end of 2015 recent law grad John Casey Stewart came on board as an associate. The most enjoyable experiences Simmons has had along his career include any one of the several adoptions he’s helped facilitate. “The entire case, from start to finish is a positive experience and has a really positive, and lasting effect for the adopted children.” When not at work, Simmons most enjoys anything that involves spending time with his wife. “Outside of that my top two favorite things are eating (of which I probably do too much) and sleeping (of which I do not do enough).” He also likes playing golf and is an assistant coach for the Bishop Verot basketball team.
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RES GESTAE | April 2016
From the Bar Candice L. Smith, Esq. Candice Smith has always had a passion for helping those who are disadvantaged and underrepresented. As a staff attorney at Florida Rural Legal Services, she remains aware that the only thing separating her from her clients is opportunity. “I grew up in the inner city area of Miami, and I personally knew the obstacles that low-income families face on a daily basis,” she said. “Fortunately, I excelled academically, and I knew that I could use my abilities to put myself in the position to help others excel as well.” Smith considers herself “the listening ear” for those who are marginalized by society and often don’t have a voice. She enjoys the work environment at FRLS, which allows her the flexibility to work on various types of cases and to make an impact. The challenges include: “Not being able to assist everyone who seeks our services because of our limited resources.” In 2014, Smith graduated from Howard University School of Law, which emphasizes the role of attorneys as social engineers. That venerable institution got its start in the 1800s in answer to a need for attorneys committed to helping black Americans understand and secure their new legal rights. Through the school’s career resource center, Smith learned about a clerkship for the Virgin Islands Superior Court, and the Honorable Denise M. Francois personally made the call to offer the position. Smith said, “Needless to say, clerking was an amazing experience, and living in the Virgin Islands just heightened the experience.” She also has had several internships that allowed her to hone her social engineering skills, such as with the Women's and Fair Practices Department of the American Federation of Government Employees, Southern Poverty Law Center and District of Columbia Housing Authority. She began at FRLS last September as a new Fort Myers-area resident. Shortly thereafter she joined the Young Lawyers Division in their service to the Lee County community as its new secretary. When not at work, Smith enjoys spending time with her fiancé, reading, cooking and visiting family members back home in Miami.
R. Frank Myers
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Von Gruben Law, P.A.
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Andrew Tang
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April 2016 | RES GESTAE
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On the Bench Hon. Devin S. George “Every judge is known for something,” said newly appointed Lee County Judge Devin S. George, “I hope to be the judge who will be known for doing things for the right reason. While not everyone will like what I do all the time, I hope everyone will know they’ll get a fair shake.” The veteran prosecutor originally applied to fill the vacancy left by Judge Frank Mann, Jr.’s resignation to gain experience with the process, and see what she could work on to be successful in the case of future vacancies. Then she realized she had many people pulling for her, especially from the State Attorney’s Office and the defense bar. “It was a humbling eye opener to see how much support I had in the process,” she said. Judge George was appointed by Governor Rick Scott on Feb. 5 and joined her new colleagues at work at the Lee County Justice Center on Feb. 22 – just long enough to live out a two-week notice to her previous employer of 10 years, who couldn’t be more proud. When she started as an ASA in 2006, that office was rife with turnover, which allowed the recent law school grad to hone her skills and get on a fast track to doing the kinds of cases she wanted to do. Within a year, she was in the felony division. Less than nine months after that, she found a long-term vocation and a supervisory role in the Special Victims Unit. Aside from leaving behind her role as advocate to assume the judicial mantle, the learning curve for the judge has been negligible when it comes to the criminal portion of her docket. Her mentor Judge Gagliardi has helped make the immersion in the civil side a lot of fun, as have all the judges in the county and circuit. “Every one of them has been absolutely terrific,” she said. Any spare time the judge now has is spent with her husband and two young children, who are busy with flag football and dance. And although she says she’s not good at it, she also like to garden.
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April 2016 | RES GESTAE
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In The News Amanda Brock has been named President of the Real Estate Investment Society of Southwest Florida. Brock concentrates her practice at Henderson, Franklin, Starnes & Holt, P.A. in the area of land use and environmental law. She handles matters involving zoning, development approvals, environmental compliance, property tax appeals, and contaminated site remediation. Brock speaks on land use and environmental matters and serves on the Executive Council of the Environmental and Land Use Section of The Florida Bar, chairing the Land Use Committee; is Co-Chair of the Land Use Bar Section of the LCBA; and, is a member of the Administrative Law Section of The Florida Bar. She also serves on the Leadership Council for the Take Stock in Children program and on the Lee County Conservation Land Acquisition and Stewardship Advisory Committee. Kelly L. Fayer, P.A., Attorney at Law, recently hosted a ribbon cutting and open house event at the firm’s World Plaza location in Fort Myers in celebration of 10 years in business. Vice President of the LCBA and co-founder of its LCBA Cares initiative, Kelly Fayer has practiced law for 18 years, and focuses in the areas of Medicaid, Special Needs Planning, Trusts, Wills, Powers of Attorney, Living Wills, Probate, Trust Administration, Guardianship, Dissolution of Marriage and Paternity. She said, “I have been blessed with the first 10 years and cannot think of anything that would make me happier than being able to continue serving this community.” The Lee County Clerk of Court Inspector General’s Office was recently awarded accreditation from the Commission for Florida Law Enforcement Accreditation, Inc. (CFA) following a rigorous review process. The Inspector General program was created in 2014 with the goal of improving confidence in local government by enhancing the mechanism for reporting and investigating fraud, waste and abuse of county resources and guardianship assets. Pictured left to right: CFA Commission Chairman Sheriff Deryl Loar, Clerk of Court Linda Doggett, Deputy Inspector General Lawrence Haut, Sr,. Internal Auditor/Accreditation Manager Thomas Cianflone, Chief Internal Audit Officer/Inspector General Timothy Parks, Deputy Internal Audit Officer Tamera Anderson, CFA Executive Director Lori Mizell. Laird A. Lile and M. Travis Hayes have formed Lile & Hayes, PLLC, a legal practice specializing in estateand trust-related matters. Lile is Board Certified in Wills, Trusts and Estates and is a Fellow in the American College of Trust & Estate Counsel, where he also serves on the Board of Regents. An elected member of the Board of Governors for The Florida Bar, Lile is the chair of the Second District Court of Appeal Nominating Commission and serves on the Supreme Court’s Florida Courts Technology Commission. Hayes is a member of the Executive Council for the RPPTL section and serves as vice chair of both the Probate Law and Procedure Committee and the Digital Assets and Information Study Committee. He also is the vice chair of The Florida Bar Probate Rules Committee. Attorney and author John D. Mills has released a new novel, titled “The Hooker, The Dancer and The Nun," which is available on Amazon in Kindle and paperback edition. Betrayal and secrets abound in this legal thriller set in the coastal waters of Pine Island, Florida. When three former college roommates, all recently divorced, embark on a girls’ weekend to reignite their strained friendship, horror ensues. One woman goes missing, one turns up dead in the water, and the third is arrested. Mills is also the author of “The Trophy Wife Divorce,” “The Objector” and “The Manatee Murders.” Ita Neymotin, the Regional Counsel of the Office of Criminal Conflict and Civil Regional Counsel of the Second District Court of Appeal of Florida, recently joined Stephanie Bergen, Bureau Chief for Children’s Legal Services at the Office of the Attorney General, to present a professionalism seminar for Regional Counsel attorneys, Guardian ad Litem of Hillsborough County, and members of the private bar who are members of the dependency contract list to improve practice and interoffice relations in the Thirteenth Circuit. About 50 people attended the interactive seminar, which was held at the Attorney General’s Office in Tampa. In addition to Neymotin and Bergen (pictured left to right), presenters included David Silverstein, Assistant Attorney General, and Marisa Gonzalez, Assistant Regional Counsel. See more LCBA member in the news at www.leebar.org/in-the-news, and remember to send us your news at resgestae@leebar.org.
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RES GESTAE | April 2016
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