FEBRUARY 2016
The LCBA Celebrates Black History Month
From the balcony to the bar
Black attorneys join Lee's legal elite
Murky waters Navigating Florida’s file retention requirements
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Contents On the cover (l to r): Hon. Archie Hayward and Don Isaac, Esquire Photo credit: Jim Jett Photography
28 20
features 20 From the Balcony to the Bar
Lee's bright legal future shines a light on the past by Sara Fitzpatrick Comito
14
departments 6 Letter from the President
by Scott Atwood, Esq.
24 Legal Lens
8
Calendar of Events
25 New Members
10 Ethically Speaking
by Henry Lee Paul, Esq.
12 Legal Lens
Jan. CLE & Membership Luncheon
14 Community Connection
Guardian Ad Litem Foundation by Roxanne Wendling
15 Legal Lens
Jan. CLE & Membership Luncheon
16 100 Club 18 Legal Lens
4
LCBA & YLD Swearing-In Ceremony
RES GESTAE | February 2016
LCBA & YLD Swearing-In Ceremony
28 The Dish
Happiness Healthy Café
36 In the News
News and Happenings
30 On the Bench
Honorable Peter Bell
32 From the Bar
Blaze Douglas, Esq.
34 From the Bar
John Musca, Esq.
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Letter from the President January was a busy month for the Lee County Bar Association, and the rest of the year will be no different. Your new expanded Executive Council is off and running to plan and implement CLEs, luncheons, practice committee meetings, family events, community outreach, weekend getaways and more. I was honored to have Judge Sherra Winesett swear me in as the 68th president of the LCBA, a role I take seriously. Since 1949 the LCBA has continued to strive for greater and greater levels of professionalism, engagement and community outreach, and is more successful every year because of the talents and dedication of its growing membership. In 2016, we encourage members to keep it up. Especially, I invite new members to take on leadership roles within our organization – there’s no better way to get the most out of your investment. This past month we have seen an increase in membership among young attorneys, and as Judge Winesett also inducted the Young Lawyer Division’s new leadership, it should have been obvious to everyone in the room that the future is in good hands. Its wonderful to see so many young attorneys move or return to SWFL to practice law, as I once did – I like to think not so long ago. I would like to give special thanks to attorneys Karla Campos-Andersen and Indera Singh, who co-chaired our Mock Trial Competition in January. I also thank the attorneys and judges who gave of their time to mentor these young high school students who aspire to one day have a legal career. This by far is one of LCBA's most successful community outreach events, thanks to the generosity of our members. In an upcoming issue we will share the results of the competition as well as photos. Be sure to mark your calendar for March 6, the date of the first LCBA Shrimp Boil, to take place at Lover's Key State Park from 2-6 p.m. The cost is only $25 for members and $40 for non-members. Kids are welcome. Let's make this a fun day for all and take advantage of Southwest Florida’s surf and sun. In this February issue of Res Gestae, we celebrate Black History Month. Our cover feature spotlights two of Lee County's legal elite, Judge Archie Hayward and Attorney Don Isaac, Executive Director for Florida Rural Legal Services. Please take the time to read this feature story, hear what they have to share, and celebrate how far we have come as we shine a light on our past history here in Lee County. Until next time...
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.
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RES GESTAE | February 2016
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Calendar of Events February 5
Young Lawyers Division Meeting
Noon - 1 p.m. Square 1 Burgers, 5031 S Cleveland Ave. Thomas Coleman, YLD President
Solo & Small Firm Practice Section Social
5:30 - 7:30 p.m. Location TBA. Jason Gunter and Conor Foley, Co-Chairs
February 18
Family Law Practice Section Brown Bag
Noon - 1 p.m. Courtroom 5C of the Lee County Justice Center at 1700 Monroe Street. Dustin Butler and Ryan O’Halloran, Co-Chairs
LCBA Monthly After-Hours Social 5:30 - 7:30 p.m. Location TBA
March 17
Family Law Practice Section Brown Bag
6 – 8 p.m. Old Soul Brewing, 10970 S Cleveland Ave., Suite 402. Cost: $10 per individual, $25 per team of 4. 50/50 Raffle to benefit scholarship fund
Noon - 1 p.m. Courtroom 5C of the Lee County Justice Center at 1700 Monroe Street. Dustin Butler and Ryan O'Halloran, CoChairs
March 4
March 18
Noon - 1 p.m. The Oasis Restaurant, 2260 Dr. Martin Luther King Jr. Blvd. Thomas Coleman, YLD President
Noon – 1 p.m. Sidney & Berne Davis Art Center; 2301 First Street
February 29
“Leap Into a Pint” LCBA/LCAWL Trivia Night fundraiser for scholarships
Young Lawyers Division Meeting
General Membership Luncheon
February 19
March 31
Noon - 1 p.m. The Marina Ballroom at Edison Ford, 2360 West First Street
Noon - 1 p.m. Lee County Public Works, 1500 Monroe St, 1st FL Conference Room. Neysa Borkert and Amanda Brock, Co-Chairs
General Membership Meeting Celebrating our LCBA Past Presidents
February 19 & 20
20th Circuit Mock Trial Competition
Land Use and Governmental Law Practice Section Lunch Meeting
LCBA After Hours Social 5:30 - 7:30 p.m. Location TBA
Collier County Bar Association Hosts the 2016 competition
February 25
Land Use and Governmental Law Practice Section Lunch Meeting
Noon - 1 p.m. Lee County Public Works, 1500 Monroe St., 1st Floor 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
Thank You to our Annual Sponsors for 2016
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RES GESTAE | February 2016
Congratulations to President Tom Coleman and the Lee County Young Lawyers Division! Tom attended the recent Florida Bar YLD Affiliate Outreach Conference, and sought grant money to fund the “Try-athatlon” project, designed to provide three activities in 2016 for foster children in Lee County. The presentation was a success, and our YLD won an Affiliate Award for the Most Creative Presentation. In addition to delivering a great presentation, Tom worked tirelessly on the application. As of this printing, the YLD was waiting to find out the grant amount in the upcoming weeks, so be on the lookout for that news, in addition to information about the “Try-athalon” events. Volunteers will be needed for each one.
LCBA & YLD Take Time Out to Play Santa After reading about the robbery of Christmas presents at the Nations Association just before the holiday, members of the LCBA and YLD teamed up to provide toys for the children in need.
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. Roxanne Wendling Sara Fitzpatrick Comito BILLING INQUIRIES 239.334.0047
7370 College Parkway, Suite 206 Fort Myers, FL 33907 239.690.9840 | ConricPR.com | info@ConricPR.com Res Gestae is an award winning magazine published monthly by CONRIC Publishing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to: resgestae@leebar.org. We make every effort to ensure the accuracy of the information published, but cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae, or CONRIC Publishing.
CORRECTION: The Appreciation Reception for Judge Sturgis was hosted by the members of the local workers' compensation bar, and not by a single attorney as was incorrectly stated in the Legal Lens pages of the January issue.
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.
February 2016 | RES GESTAE
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Ethically Speaking
ION T N E T E R E L I F S T N E M RE REQUI DA I R O L IN F By Henry Lee Paul, Esq.
T
here is much confusion over file retention requirements for members of The Florida Bar. Except for some specific items, there is no general rule that mandates the amount of time that a client file must be retained. Specific retention requirements only include trust account records, contingent fee agreements, contingent fee closing statements, and Statements of Insured Client’s Rights, which must be retained for six years pursuant to specific rule provisions. Copies of advertisements must be retained for three years. Additional legal obligations may exist, including requirements for preserving client property or irreplaceable documents held by the lawyer, such as original will.
there will be any further notice prior to destruction. See, When May I Destroy my Old Files, Fl. B.J., Jan. 1994. Absent an agreed on provision with the client regarding file destruction, The Florida Bar has taken the position that “lawyers should make diligent attempts to contact clients to determine their wishes regarding file retention before the lawyer destroys any closed files.” See Ethics Opinion 06-1.
Although many lawyers believe that files must be kept six years, this is a misconception that may be fostered by the fact that Rule 3-7.16 provides for a six year limitation period for filing of a bar complaint. This limitations period is a reason many lawyers retain closed files for at least six years, even though there is no general requirement to do so in the rules.
The absence of a general rule does not relieve the lawyer to act in the best interest of the client in relation to file retention. Before any destruction of a former client file is contemplated it is suggested that a review be conducted to determine if there are any interests that should be protected by preservation of the file. For example, in the event of child custody litigation, consideration should be given to the maturity date of the child before a decision to destroy the file is made. In such a case, the lawyer may consider retaining or returning certain documents in the file to the client, such as depositions and other documents that may be relevant to potential future litigation.
It is a best practice for a lawyer to provide specific file retention practices in the fee agreement or discharge letter signed by the client. Such provisions should include the amount of time that the file will be kept, whether any documents will be retained or returned, and whether
The client’s interest in the file is not limited to retention issues. Although it is wellestablished law that client files belong to the lawyer, complex issues may arise in the event of a dispute with a client. See, Dowda & Fields, P.A. v. Cobb, 452 So. 2d 1140 (5th DCA 1984).
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RES GESTAE | February 2016
The ownership of the specific contents of a file can turn into a highly litigated matter. Such a dispute with a client is most likely to arise as an issue in a retaining lien dispute. Similar issues can also arise in the context of a lawyer leaving a firm. The ownership of specific file contents can be a complicated issue that may require judicial resolution. The difficulty of the issue of file retention was recently recognized in a Tennessee Ethics Opinion, which stated: “There is no one safe answer to the central question of how long must [a lawyer's] closed files be kept before they are destroyed.” See, Tenn. Supreme Court Bd. of Prof'l Responsibility, (Op. 2015-F-160, 12/11/15). Before a client file is destroyed, a lawyer should obtain permission from the client, return or retain client property or irreplaceable documents, and consider other possible legal obligations. 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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Legal Lens
Jeffrey Lampley, John Webb, Matthew Roepstorff, Carmen Dellutri
Carolann Swanson, State Attorney Stephen Russell, Ita Neymotin
CLE & Membership Luncheon at Burroughs Home Trust account issues and probate dispute ethics were the focus of two CLEs before the Dec. 18 membership luncheon featuring The Florida Bar’s President Ray Abadin as speaker.
Anne Dalton, FL Bar President Ray Abadin
Kelly Fayer, Robert McDonald
Frank Pavese
Ray Abadin, Scott Atwood
Matthew Linde, Marve Ann Alaimo, Hon. Hugh Starnes
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Dennis White, Kenneth Kemp, II Photos courtesy of Jim Jett Photography
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RES GESTAE | February 2016
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Community Connection
UNDERSTANDING THE GUARDIAN AD LITEM FOUNDATION 20TH JUDICIAL CIRCUIT By Roxanne Wendling, Foundation Administrator
The Guardian ad Litem (“GAL”) Program is a mandated statewide agency that advocates for the best interests of Florida’s abused, abandoned and neglected children in the court and community. It is a partnership of community advocates and professional staff. To the fullest extent possible, the vision is realized through volunteers who will advocate as GALs for the children they serve. Every judicial circuit has a GAL Program that operates under the same set of standards with the theme “I am for the Child.” Every GAL Program in Florida has a non-profit support arm because the state does not fully fund its mandate. The Guardian ad Litem Foundation – 20th Judicial Circuit, Inc. (“GALF”) is a nonprofit organization in partnership with the GAL Program- 20th Circuit with a shared goal of 100% GAL representation for every child in the system. GALF focuses its activities on the
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RES GESTAE | February 2016
recruitment, training and support of the GALs and ensures that GALs have access to financial resources for the child’s health, educational and social needs, which unfortunately, are not provided by any source other than GALF. The GAL’s main goal is for every child to have a “voice” in court until permanency is achieved, and for every child to experience normalcy as they navigate the stress and uncertainty of temporary placement. Children assigned to a GAL are substantially less likely to spend time in long-term foster care and the court system. They are also much more likely to receive needed therapeutic services and have a permanently closed case. Lee County consistently represents the highest need in the 20th Circuit due to population growth. Indications are that the number of children entering the child welfare system will continue to climb because of an influx of people moving
to the area. Due to the number of new cases, Lee County has only achieved 60% GAL representation for the past few years. With 40% of children still not represented, the need remains urgent. How can LCBA members help? • Become a GAL volunteer advocate – visit www.galfoundation20.org • Provide pro bono assistance with immigration and educational issues – email Alicia Guerra, Chief Legal Counsel – Alicia.guerra@gal. fl.gov • Invite GALF representatives to speak to organizations you are connected with so more people can learn about the cause –email rwendling@galfoundation20.org • Sponsor and/or attend the GALF’s signature event, Viva la Derby! on May 7, 2016 – email program@ galfoundation20.org • Donate at www.voicesforkids.org/ ways-to-give RG
Legal Lens CLE & Membership Luncheon at Burroughs Home
Anne Dalton, Beverly Grady
Marve Ann Alaimo, Dennis White
John Agnew, Anne Dalton
Saeed Kazemi, Terry Cramer, Hon. Archie Hayward
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Legal Lens
Hon. Sheri Polster Chappell, Hon. Archie Hayward, Kathleen Fitzgeorge
Scott Atwood, Hon. Sherra Winesett
January LCBA & YLD Swearing-In Ceremony & Luncheon The 2016 LCBA and YLD leadership teams were inducted, and the LCBA Cares initiative officially established, at this membership luncheon on January 8.
Hon. Leigh Hayes, Scot Goldberg
Don Isaac, Patricia Varges-Vegas
Theresa Daniels, Angela Thompson
John Agnew, Michael Randolph
Katie Snyder, Kayla Richmond
Tom Coleman, Kristalyn Loson, Kayla Richmond, Anne Dalton, Candice Smith, Shannon Puopolo, Scot Goldberg, Jenna Persons, Kelly Fayer, Spencer Cordell, John Webb, Hon. Sherra Winesett Photos courtesy of Jim Jett Photography
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RES GESTAE | February 2016
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FROM THE BALCONY TO THE BAR Lee’s bright legal future shines a light on the past By Sara Fitzpatrick Comito
Balcony in the Old Courthouse photo 1955, courtesyFebruary Joanne Iwinksi-Miller, Deputy Clerk of Courts 2016 | RES GESTAE 21
T
his magazine’s retrospective of the Old Lee County Courthouse last August happened a month after the follow-up to “To Kill a Mockingbird” was published. Many readers’ elation at the surprise discovery of the manuscript turned to regret that Harper Lee’s “Go Set a Watchman” hadn’t in fact been lost to history. It turns out Atticus Finch, after whom a great many parents named their sons – and whose example inspired a generation of lawyers, perhaps wasn’t the paragon of progressive thinking that readers were intent on sanctifying. He had a dark side. But so does Lee County. for a stark reminder of a difficult past that must be acknowledged. So finally, in 2016, this bar association presents the perspective of two old friends.
With “Watchman” generating renewed A good head and a good heart are dialog about America’s troubled past, always a formidable combination. Senior Judge Hugh Starnes seized the - Nelson Mandela opportunity to note this magazine’s seemingly fortuitous timing, and suggested another type of retrospective. “I wonder if it would not be appropriate for a follow-up article with the history of the balcony as the space for the black citizens to watch trials” he wrote. Black folks in Maycomb who wanted to watch Finch defend Tom Robinson at trial had to do so from “the coloured balcony.” Likewise, in reallife Lee County, African American citizens were not allowed below. Visitors who tour Commissioners chambers will learn the balcony there was not built in response to any capacity issues. Honorable Archie Hayward Judge Archie Hayward and attorney Don Isaac were among the first attorneys practicing in Fort Myers in the 1980s, which underscores a shockingly slow rate of progress, especially compared to other regions of the United States. As evidenced by the broad smiles and infectious enthusiasm of our cover subjects, though, they would much rather celebrate the strides than the setbacks. That being said, when the Board of County Commissioners meets on the first and third Tuesdays of every month in the old courtroom, they need only look up from the dais 22
RES GESTAE | February 2016
Born in 1959, Don Isaac is a selfmotivated optimist. He said, “I’ve always been bright-eyed and bushy-tailed; you couldn’t tell me no.” For the Florida Rural Legal Services (FRLS) Executive Director, issues of race and poverty go hand in hand. Most of the resistance he encountered along his career has had mostly to do with his advocacy on behalf of the poor, rather than his own skin color. “There were a lot of judges that were
very liberal, and some that were very harsh – they challenged what we did,” he recalled. In tenants rights cases, for instance, “The housing authority was treated like kings, and we were treated like pariahs.” Congress, too, actively put limits on the organization, which today handles housing, public benefits, education, employment and consumer law for low-income individuals, and provides sorely needed legal services to migrants. No longer can FRLS represent prisoners, handle class action suits or voters rights cases. Judge James Adams was admitted to The Florida Bar in 1983, with Don Isaac and Judge Hayward joining him in 84. There were very few black attorneys practicing at that time. Marzel Mitchell had joined the bar in 1974, with Isaac Anderson, who went on to become the first black judge in Lee County, following in 1977. The first black female attorneys included former City Attorney Jacqueline Hubbard (admitted in 1985 – she was also the first African-American woman litigator, and served in the position of Litigation Section Chief for Collier County, from which she retired in 2012), and Andrea Fraser of the County Attorney Office (barred in 1991). Janice Cass, founder of the Lee County Black History Society, was admitted in 1992. Isaac estimates that only about two to three percent of the lawyers practicing in Lee County today are black. If that number is accurate, it illustrates that the county is lagging behind the rest of the country. Jim Jett Photography
The time is always right to do what is right. - Reverend Dr. Martin Luther King, Jr.
Judge Adams and then-Fort Myers City Attorney Jacqueline Hubbard. Interested readers should call current President Melissa Y. Barris at [239] 226-0888 for information). Although it’s clearly not a stumbling block to Isaac, he agrees with Judge Hayward that race must be acknowledged. Young attorneys who are black, like his son Derrick (also at FRLS) might still shoulder a greater burden than their white peers. He advises his son that the cream rises to the top, that there’s no substitute for hard work and being responsible. But then: “As a black
According to a New York Times article from August 2015, only four percent of law firm associates nationwide in the preceding year were of African American descent. Isaac’s estimate for Lee County’s practicing attorneys overall more closely reflects the percentage of law firm partners nationwide who are black: less than two percent. In addition, also according to the Times’ piece, the economic downturn was particularly hard on African American lawyers, who encounter greater job stagnation. The local judiciary, too, is far from representative of the community it serves. Judge Hayward said, “There is a lot of progress that has taken place. I think there is always the issue of race that’s going to be there. Let’s face it; you can’t get around it.” Those who have met the judge will know not to mistake his realism for pessimism. Although race may still be “The Problem We All Live With” (to invoke Norman Rockwell’s iconic civil rights Don Isaac, Esq. movement commentary), according to the judge, “It’s person, you’re under the microscope not the stumbling block it has been more than others – you stick out. You in the past. People are more open and represent more than yourself; you accepting in the professional arena, at least in regards to making opportunities represent your entire race.” come about for people who are in search Isaac also successfully represented of employment, making contacts and an avowed bigot. When asked if that developing their talents and confidence.” experience may have softened the It’s a rare LCBA luncheon that Judge client’s attitude, he responded, “It never Hayward will miss, and as co-founders occurred to me. I was just doing my of the Isaac Anderson Jr. Chapter of the job.” National Bar Association, he and Don Isaac agree that effective networking is Truth is powerful and it prevails.key to finding one’s niche in the legal Sojourner Truth community. (Other founders include
The Lee County Clerk of Courts office is planning an exhibit in honor of Black History Month throughout February on the second floor of the Administration Building. Please attend. In no way can these meager column inches properly contain the scope of the contributions black citizens and members of the legal community have made, nor chronicle their struggles along the way. According to Deputy Clerk of Courts Joanne Iwinksi-Miller, history owes a debt also to Frank Pavese, Sr., who alerted the county that the separate water fountains and restrooms at the courthouse meant that it was not in compliance with the Civil Rights Act of 1964. She said, “Frank Pavese told the county commissioners they had to take down the signs, and they were afraid there would be trouble. They took down the signs and nothing happened.” Acknowledging The Florida Bar’s own troubled past, which echoes the greater American struggle with segregation, Chief Justice Peggy A. Quince established an initiative to chronicle the African American attorneys who first took a chisel to the state’s particular glass ceiling. Florida’s First Black Lawyers (1869-1979) was published in partnership with the Virgil Hawkins Florida Chapter National Bar Association in 2009. To date, Res Gestae had not highlighted the LCBA’s own first black lawyers. Judge Starnes thought it was time to acknowledge the history that the balcony represents: “Although it may be painful, I fear that saying nothing is more painful to the African American population, and probably has been noticed more than we would realize.” With anything that you’d like to say, email resgestae@leebar.org. RG Jim Jett Photography
Never be limited by other people's limited imaginations. - Dr. Mae Jemison
February 2016 | RES GESTAE
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Legal Lens
David Ciccarello, Ryan Doyle, Geraldo Olivo
John Webb, Nirupa Netram, Spencer Cordell
January LCBA & YLD Swearing-In Ceremony & Luncheon
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In The News Brian D. Orsborn has joined The Law Office of Kevin F. Jursinski & Associates as a new associate. He handles a wide variety of construction litigation and construction-related issues. In addition, he assists clients with civil litigation matters including business and contract disputes, tort actions, and liens and foreclosures. Orsborn earned his Juris Doctor from Thomas M. Cooley Law School in 2007. He received his Bachelor of Arts from The Ohio State University in 2003. Prior to practicing full time, Brian worked as a judicial clerk to the Honorable Peggy A. Quince, Justice of the Florida Supreme Court. He is also a veteran of the United States Coast Guard. He served our country as a Boatswain’s Mate. Paul A. Giordano, a partner in the Fort Myers office of Roetzel & Andress LPA, recently assumed the role of Chairman of the Coastal Conservation Association of Florida (CCA). He previously served as Vice-Chairman. The CCA has as its objective the conservation, promotion and enhancement of both the present and future availability of Florida’s coastal resources for the benefit and enjoyment of the general public. Giordano handles a variety of business and commercial litigation, with a special focus on bankruptcy and creditors' rights, partnership disputes, commercial foreclosures, contract and corporate disputes, and general and professional liability lawsuits. Sharon Read has received the 2015 Distinguished Paralegal Award for Lee County from the Paralegal Association of Florida, Southwest Florida Chapter of Henderson, Franklin, Starnes & Holt, P.A. She joined Henderson Franklin in May 1994 working exclusively in the Tort & Insurance Litigation division performing demanding duties including interviewing witnesses, taking statements, preparing and analyzing documents, conducting research and investigation and attending court-related hearings and trials. Over the years, Read has dedicated countless hours volunteering for many youth and elderly organizations. Read is pictured with Michael Corso. The Dellutri Law Group challenges LCBA members to a Chili Challenge for Charity to be held Feb. 20 from 11 a.m. to 5 p.m. at Six Bends Harley Davidson. Can You Stand The Heat? is a family friendly community event and fundraiser to benefit the nonprofit Southwest Florida Lawyers Helping Children Inc. This annual event will bring together lawyers and the local community to raise funds to help children in Lee County. A portion of the proceeds derived from the event will be used to help promote child safety in our community. Any member of the bar, private practice or firm can enter the Chili Challenge through Friday, February 12, 2016. Call Christie Lee Garratt at (239) 939-0900 or visit goo.gl/ b2gsP7 to fill out an entry form. You can also email Cgarratt@DellutriLawGroup.com. For the second consecutive year, Goldstein, Buckley, Cechman, Rice & Purtz, P.A.’s employees donated a number of boxes and bags containing clothing and household items to the Vietnam Veterans of America. The donation drive has been led by the firm’s partner, Christopher Smith. The Vietnam Veterans of America is a respected charity that gives aid to all of America’s veterans, not just those of a particular age group or war. By donating used clothes, shoes, appliances or other household items, funds are generated to help take care of soldiers and servicemen and women who help keep America safe from harm. For more information about the Vietnam Veterans of America visit www.vva.org or contact Christopher Smith at 239-334-1146. Erin Houck-Toll, a stockholder in the Business & Tax Division at Henderson, Franklin, Starnes & Holt, P.A., has been recertified by The Florida Bar as a Board Certified Tax expert, a designation she initially received in 2010. Houck-Toll is also Board Certified in Health Law and is one of only three dual board health and tax law attorneys in the entire state of Florida. Houck-Toll assists clients in business planning, health care law, mergers and acquisitions, and intellectual property issues. She also has an active federal and state taxation practice, representing individuals, businesses, non-profits and tax exempt organizations before the IRS, Florida Department of Revenue and United States Tax Court. 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 | February 2016
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The Dish
There’s a café called Happiness Healthy, and its name is truth in advertising. So is the fresh, savory aroma that greets visitors to the unassuming storefront on Cleveland Avenue, between Passaic and Ricardo Ave. It offers counter and table seating, but does much of its business in takeout orders. Fortunately for this writer, I live within delivery range. So I have options.
several varieties, with combinations based on tandoori-spiced chicken; black beans and jalapeno; turkey, bacon and cheese; and tender chickpeas. Kartik’s delicious homemade mint chutney is a common feature on each naanwich. Raita, a yogurt sauce with cucumber, onion, garlic and spices, can be added to any one of them to make it “signature.”
If I’ve been good and need a refueling after a good yoga session, I can call ahead and pick up a nourishing meal on the way home. If I’ve been bad and need to make up for some excesses (You have seen my other food columns, right?), I can curl up on the couch and wait for some comforting soup and a light, balancing nosh to be brought right to me. Sometimes owner Kartik Patel personally knocks on the door.
Wraps, paninis, soups and fruit smoothies are popular options, all featuring simple, fresh ingredients in yummy combinations, with choices for everyone. Kartik’s mission shines through in everything that gets passed across the counter. “I am vegetarian and love simple and healthy food,” he said. “So we thought about starting a small café with simple, tasty and healthy alternative for vegans, vegetarians and carnivores.”
He taught himself to cook and, using his friends and family as taste testers, developed the menu for the casual eatery that he owns with his wife Shavani. “This is my first business, and wanted to start something unique,” he said. Word has gotten out, judging from the LCBA members I’ve seen meeting there for a
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RES GESTAE | February 2016
post-workout meal, so I’m likely preaching to the choir. The restaurant celebrated its fourth anniversary in January. For the uninitiated, meet the naanwich: Kartik takes that warm, stretchy ovenfired flat bread that’s ubiquitous in Indian cuisine, fills it with tasty fillings, folds it over and serves with pride. There are
If you have in fact seen my other food columns, you know about my carnivorous proclivities. But some culinary traditions work such a special alchemy with combinations of vegetables, spices, Photo: Indian cuisine
The Dish
textures and colors, that the vegetarian offerings become my natural go-to. Indian cuisine occupies the number-one spot on my list in that regard. Happiness Healthy Café offers a limited number of curries, some with chicken, but I really crave the vegetarian selections. The triathletes among our members will find a good portion of protein in the legume-based curries. The Golden Gram Spinach Curry is a soothing delight of lentils and spinach cooked with onions, tomatoes and warming spices. Although it’s a vegan selection, it’s made luxurious with the addition of coconut cream.
Served with naan, mint chutney, raita and basmati rice as a lunch combo, your senses will be well attended to. Add a daily soup, like the exotic, tangy beet rasam or lal tomato (short for lal shimla mirch aur tamatar ka) for a complete dinner. My favorite curry is the paneer masala, featuring cubes of the fresh, buttery Indian cheese called paneer in a creamy tomato spiced curry. The level of hotness can be modified for your taste. Whatever makes you happy! RG
Photo top left: chicken wrap. Photo bottom: smoothies in a variety of flavors.
Happiness Healthy Café 3332 Cleveland Avenue Fort Myers Mon - Sat: 10:30 a.m. - 8:30 p.m. (239) 362-2075 www.happinesshealthycafefl.com
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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On the Bench Hon. Peter A. Bell Florida Weekly ran a “Best Of” list a few years back that included an unexpected category: Best Judge. Description of the winner read, “He’s a benevolent judge, but be ready to duck if he decides to throw the book at you.” Hearing it read aloud, Charlotte County Judge Peter A. Bell laughed heartily. “I’m willing to throw the book at someone,” he explained, “I prefer to give the sentence that will help them get the message that their lifestyle needs to change.” He also enjoys giving the benefit of the doubt when possible – and it’s often not. A young lady once came before Judge Bell on a violation of probation arrest warrant claiming it was not she who had been arrested, but her sister who used her name. When asked how old the sister was, the defendant answered that the sister was three months older. No, they were not half sisters by the same father. And apparently no one had ever explained to her how these things work. “She presented it with such a straight face, but had not bothered to analyze the reasonableness.” Fingerprints revealed the perpetrator was the same person who stood before the judge that day. As a county judge, he gets to hear a wide variety of criminal and civil cases, and even navigate some untested waters. During a commercial fishing net ban case, wildlife officers claimed the defendant’s net was too big. The evidence was brought into the courtroom, measuring roughly 120 feet long by five feet wide. The judge began his career as a clerk at Fowler White Boggs Banker in Tampa and then entered private practice after law school at South Texas College of Law. His judicial goals were inspired by Judge Darryl Casanueva’s ascension to the circuit bench. Judge Bell encouraged Judge Winesett to set up the general Master Program for Charlotte County, and helped develop diversion court programs such as Mental Health Court and Juvenile Drug Court. Something new is his responsibility for half of Charlotte’s probate cases. Judge Bell also enjoys teaching on the Christian Foundation for America’s Political Philosophy at Southwest Florida Bible Institute.
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From the Bar Blaze Douglas, Esq. Since being admitted to practice in 2014, Blaze Douglas has enjoyed the gentle introduction to the “big bar” that her involvement with the Young Lawyers Division has provided. So it’s only natural that she’d now be serving as the recruitment chair for that vibrant organization, which can help to ratchet down any intimidation factor. “It’s good to go to big bar meetings and feel more like you have a support network already in place,” she attested. “And the LCBA has a lot of events, more than other bar associations.” Hahn Loeser & Parks has been another ready support network. Douglas first began working at the Fort Myers office of the Cleveland-based firm as a summer associate before graduating magna cum laude from the University of Miami School of Law. The mentorship and training opportunities she’s enjoyed while practicing as a commercial litigator have proven a real confidence booster, even as her personality had already determined her career path at a young age: “I’m strongminded. I love to argue. Everyone around me knew it was a calling since I was about nine.” She especially enjoys channeling her fervor to benefit small business owners in state and federal court. Her parents spent 30 years building a business, and the relief she can help provide others like them is its own reward. Originally from Lexington, Ky., Douglas was drawn to the small town feel of the “slower west coast,” as Miami school friends deridingly referred to our region. “It’s easy to get involved in things right away. I love how engaged everyone is around here.” As of this writing Douglas was preparing to again serve as judge for the Lee County Mock Trial Competition. She also served on the first-ever LCBA committee for the Tux & Trees gala to benefit the Southwest Florida Goodwill Foundation. She’s involved with many organizations to benefit women. As a volunteer with WISH (Women Instilling Strength and Hope), she helps provide mentorship and resources to young women in the juvenile justice system. Douglas also shares many attorneys’ passion for running. Her number-one pastime, though, is anything that involves her faithful Jack Russell.
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From the Bar John Musca, Esq. John Musca eats, breathes and sleeps criminal defense. “I’m one of those can’t-sit-still types,” he said. “I actually enjoy my work as a hobby.” He does happen to have a penchant for travel, with Madrid being a favorite destination – the siesta culture is a good counterpoint to his gogo-go nature. He has even attended international language and legal studies overseas at that city’s world-renowned “Instituto Internacional.” But Musca’s primary passion is never far from his focus. “Criminal defense is an opportunity to really help people who are being judged on the worst day of their life.” It’s hard to imagine a worse day than being charged with a DUI, drug crime or sex crime, so the Musca Law Firm has a heavy emphasis in those areas. Based in Naples and Fort Myers, and with 13 bona fide across the state, Musca plus 16 associates serve clients throughout Florida. The youngest of seven children, Musca has been visiting Southwest Florida since birth – a side benefit to his father’s commercial real estate investments locally. Having decided he didn’t want to be a personal injury or real estate lawyer like his father was for 45 years, he started at the Public Defender’s office in 1999 in Lee County under Robert Jacobs. That lawyer’s body of work was an inspiration to Musca, and included a precedent-setting case that resulted in the Florida Supreme Court changing the death penalty law for juveniles. “Two advantages from public defender trial experience are being able to handle a wide variety of criminal cases, and needing to do so under pressure because as a public defender, you handle 70 to 90 cases at any given time,” he said. Musca’s website offers a laundry list of colorful charges against his clients that have been dismissed or have resulted in no formal convictions. In addition to his emphasis on criminal defense, he is focused on helping people untangle the administrative headaches that result from their charges. To that end, he opened a second Naples office, which is dedicated exclusively to handling formal administrative reviews following DUI arrests. Musca was a 1994 graduate of Boston College, and received his JD from the Case Western University School of Law in 1997.
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February 2016 | RES GESTAE
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The Ritz-Carlton Golf Resort Friday, May 6, 2016 | Pre-Conference May 5 Join us for Ave Maria School of Law’s 3rd Annual Estate Planning Conference
Southwest Florida’s Premier CLE Estate Planning Conference CLE CREDITS General: 10.5 Ethics: 1.5
CTFA CREDITS: 10.25 FID: 3.25 FP: 5.0 TAX: 2.0
featuring nationally recognized speakers discussing the latest estate planning techniques and topics.
Featuring: Jonathan Blattmachr and S. Stacy Eastland Two of the country’s most creative trusts and estates lawyers! Register Now at: estateplanning.avemarialaw.edu For more information: Contact Jean Takacs at: jtakacs@avemarialaw.edu • (239) 687-5344
We are most grateful for our sponsors! plAtinum SponSor:
preSentinG SponSorS: Clifton Larson Allen PCE Valuations
lunCh SponSor:
Ariel Capital Advisors, LLC
BreAkFASt SponSor:
Leslie Hindman Auctioneers
Gold SponSor:
Wi-Fi SponSor:
Farmer & Associates, PLLC
ConCurrent SeSSion SponSorS: Akerman LLP Cummings & Lockwood, LLC Gassman Law Associates, P.A. Providence Family Offices Roetzel & Andress, LPA
AdditionAl SponSorS:
Collier County Bar Association Hill, Barth & King Lee County Bar Association Sabadell Bank & Trust Thompson Reuters Veralytic Hawthorn PNC Family Wealth
Ave Maria School of Law was founded in Ann Arbor, Michigan, in 1999, and in 2009 relocated to Naples, Florida. It is licensed by the Florida Commission for Independent Education, License Number 4007, and is fully accredited by the American Bar Association. A copy of the official registration and financial information may be obtained from the Division of Consumer Services by calling toll-free within the state. Registration does not imply endorsement, approval, or recommendation by the state. http://www.freshfromflorida.com/divisions-offices/consumer-services 1-800-435-7352. Ave Maria School of Law is a 501(c) (3) organization. (E.I.N. 38-3519708)
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2036 McGregor Boulevard • Fort Myers, FL 33901 February 2016 | RES GESTAE
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P.O. Box 1387 | Fort Myers, FL 33902-1387 (239) 334-0047 | Fax (239) 334-0523 LeeBar.org
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