Res Gestae - March 2016

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

Here Comes The Ice King

Phil Esposito – from the NHL to the LCBA

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

Contents On the cover: Phil Esposito Photo credit: Tampa Bay Lightning

20

28 features 20 Here Comes the Ice King

Phil Esposito - from the NHL to the LCBA

by Sara Fitzpatrick Comito

departments 6 Letter from the President

by Scott Atwood, Esq.

8

Calendar of Events

10 Ethically Speaking

by Henry Lee Paul, Esq.

12 Family Law Matters

Alimony and Time Sharing

14 In Memoriam

Veronica Shoemaker

16 YLD Update

32 29 100 Club 30 Legal Lens

Mock Trial Competition

32 Legal Lens

Mock Trial Competition

34 Mock Trial Competition

Thank yous

36 On the Bench

Honorable Frederick R. Hardt

18 Turning the Tables with 37 New Members

Judge Branning

24 New Judical Appointees

38 From the Bar

Neysa Borkert, Esq.

26 Advertising Spotlight

39 From the Bar

28 The Dish

40 In the News

4

Edison National Bank Ginger Bistro

RES GESTAE | March 2016

Steven Hartsell, Esq. News and Happenings

AD DIRECTORY Allied Business Solutions Ave Maria School of Law Barbara Pizzolato Birch Properties Bounds Law Group Boyle, Gentile & Leonard, P.A. Boyle, Gentile & Leonard, P.A. Buschbom Mediation Business Observer Calvo & Calvo Attorneys at Law CONRIC PR & Marketing | Publishing Dellutri Law Group Denise Kennedy Dial-A-Nurse Inc. Donna Tisch Edison National Bank Encore Bank Florida Dispute Resolution Florida Home Realty/ Property Mgmt Fort Myers Court Reporting Garvin Law Firm Get Smart Bail Bonds Geraghty Mediation Golf Tournament Henderson, Franklin, Starnes & Holt, P.A. Hotel Indigo Jason L. Gunter, P.A. Joe Viacava Law Kempton P. Logan Kushner & Kushner Attorneys Law Firm of Scott T. Moorey Legal Aid Society Leonard P. Reina Leslea Ellis, LLC Levins & Associates, LLC Livingston Loeffler, P.A. Massie & Reilly CPAs,PLLC McHale, P.A. McLaughlin & Stern Merit Court Reporting, Inc. Musca Law Office, Inc. Patterson Eskin & Ball Sellstate Achievers Realty Shrimp Boil Spivey Law Firm, P.A. T 3 Communications Veranda Restaurant Von Ahn & Associates Webb & Scarmozzino

15 42 13 38 13 7 15 17 41 11 33 25 23 13 11 BC IFC 35 25 33 19 37 41 41 15 27 25 IBC 19 31 31 14 27 17 11 23 39 19 33 23 3 31 14 18 5 17 27 36 31

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

匀䔀刀䤀伀唀匀 䤀一䨀唀刀夀 䄀一䐀 䐀䔀䄀吀䠀 䌀䄀匀䔀匀 Maximum Referral Fees Paid 䄀甀琀漀 䄀挀挀椀搀攀渀琀猀 䴀漀琀漀爀挀礀挀氀攀 䄀挀挀椀搀攀渀琀猀 圀爀漀渀最昀甀氀 䐀攀愀琀栀 匀氀椀瀀 愀渀搀 䘀愀氀氀猀 嘀椀挀琀椀洀猀 漀昀 䐀爀甀渀欀 䐀爀椀瘀攀爀猀

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匀攀爀瘀椀渀最 䄀䰀䰀 漀昀 䘀氀漀爀椀搀愀 刀愀渀搀愀氀氀 䰀⸀ 匀瀀椀瘀攀礀Ⰰ 䔀猀焀⸀ 䈀漀愀爀搀 䌀攀爀琀椀昀椀攀搀 䌀椀瘀椀氀 吀爀椀愀氀 䄀琀琀漀爀渀攀礀

刀愀渀搀愀氀氀 䰀⸀ 匀瀀椀瘀攀礀

Letter from the President Things are really starting to heat up this month. And I don’t just mean the weather. This month, we have our first big event of the year – the inaugural Bench/Bar Shrimp Boil on Sunday March 6. It’s going to be at Lover’s Key State Park and features “Chef” Robert Branning as the master boiler (and I got attorney Jerry Von Gruben, our resident Cajun, to bring his pot too so we can have a hot and spicy option). We will have volleyball, cornhole, live music and a beautiful beach, so please plan to bring the family.

We are going to follow the Shrimp Boil up with another family-type event: our inaugural Date Night. It's going to be held on Friday, March 11. Come downtown and drop your kids off at the LCBA offices for free baby-sitting provided by the Fort Myers High School JROTC (OK, so I’m making my kid do it with her boyfriend and her friends; decent trade-off for the impending college bills I’m going to be paying).

Then meet us for a quick happy hour from 6-7 and you can do dinner on your own until 10.

Our monthly luncheon on March 18 is going to be a treat for sports fans and, for that matter, anyone who likes to hear a good story. Tampa Bay Lightning President and NHL Hall of Famer Phil Esposito, whose likeness graces the cover of this issue, is going to be the guest speaker. He has plenty of great stories, including how he managed to convince the NHL to put a hockey team in Florida.

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

We are going to wrap up the month with a Social at the 86 Room in the Patio de Leon. You really need to come out and see this place if you haven’t been there already. It is a replica of a 1920’s speakeasy, replete with a piano and silent movies playing on the wall. The bartenders dress in era-appropriate clothes, and make a mean version of classic drinks. We might even get the owner to pull out his acoustic guitar and play a few notes for us.

ALTERNATIVE DISPUTE RESOLUTION Anne Dalton, Esq. & Bill Merchant, Esq.

This year we are focusing on you and your family, as well as the kids in our County who do not share the same privileges that we do. We have some educational, family and outreach programming coming your way in April, so please keep an eye out for the upcoming calendar events. We are always open to new ideas, both for socials and for educational/outreach programming, so feel free to contact me at scott@atwoodlawfirm.com if you are hankering for a new thing to do. This is your Bar. Let’s continue to make it useful to you.

FAMILY LAW Dustin Butler, Esq. & Ryan O’Halloran, Esq.

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

RES GESTAE | March 2016

APPELLATE LAW Laura Lee, Esq. CRIMINAL LAW Marisa Boysen, Esq. & Stephanie Russell, 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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March 2016 | RES GESTAE

7

Calendar of Events March 4

YLD - Suds for Art Walk 5 – 10 p.m. Order up a cold one to enjoy during the Art Walk activities downtown, and support the Young Lawyers Division! Thomas Coleman, YLD President

Lee County Bar Association Bench/Bar

March 11

March 31

6 – 10 p.m. LCBA offices will host free baby sitting, compliments of the Fort Myers High School JROTC. YLD is sponsoring a bar-wide event starting with a happy hour from 6 – 7 p.m. at a location TBD, then couples can head to dinner on their own. Baby sitting service ends at 10 p.m.; be sure to RSVP.

Noon – 1 p.m. Further details will be posted on the LCBA website when confirmed. Neysa Borkert and Amanda Brock, Co-Chairs

LCBA Cares…about Date Night

Land Use & Governmental Law Practice Section Lunch Meeting

April 1

Young Lawyers Division Mtg Noon – 1 p.m., location TBD. Thomas Coleman, YLD President

March 12

Shrimp Boil at Lover's Key State Park

March 6 ~ 2 to 6 p.m. $25 Members $40 Non-Members

Uncommon Friends Foundation First Leg of the YLD’s Tryathalon Scholarship Deadline 11 a.m. – 2 p.m. for Bowling and Bonding at Gator Lanes. Thomas Coleman, YLD President

March 17

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

March 18

March 9

General Civil & Business Litigation Practice Section Seminar Noon – 1 p.m., Courtroom 4H of the Lee County Justice Center.

Introduction to Bankruptcy for State Court Litigators, Presented by Richard Johnston, Jeffrey Leasure and Luis Rivera II. George Knott and Carlos Kelly, Co-Chairs

General Membership Luncheon Noon – 1 p.m., Sidney & Berne Davis Art Center. Featured speaker: NHL Hall of Famer Phil Esposito, founder of the Tampa Bay Lightning. $15 Members, $25 NonMembers

March 30

LCBA After-Hours Social 5:30 – 7:30 p.m. 86 Room in Patio de Leon

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

April 11

ADR Practice Section CLE/ CME 2 – 5 p.m. Ethics & Professionalism in Dependency Mediation (Advanced Level). Presenters include Hon. Robert Branning, Hon. Amy Hawthorne, Regional Counsel Ita Neymotin, Debra Bass, Alicia Guerra, Henry Lee Paul and Anne Dalton. Anne Dalton and Bill Merchant, Co-Chairs

Thank You to our Annual Sponsors for 2016

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RES GESTAE | March 2016

April 21

Family Law Practice Section Brown Bag

confirmed. Neysa Borkert and Amanda Brock, Co-Chairs

Noon – 1 p.m., Courtroom 5C of the Lee County Justice Center.

Dustin Butler and Ryan O’Halloran, Co-Chairs

April 30

April 24

Save the Date - May 21

Craft Beer Festival

April 27

LCBA After-Hours Social 5:30 – 7:30 p.m.

April 28

Land Use and Governmental Law Practice Section Lunch Meeting Noon – 1 p.m., Location and additional details to be provided on the LCBA website when

Law in the Mall 10 a.m. – 2 p.m. Edison Mall. Ryan O’Halloran, Chair

6th Annual Charity Golf Tournament 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

The LCBA and Junior Achievement held the 3rd Annual Law Day on Feb. 9. Special thanks to Clerk of Court Linda Doggett Judge Frank Porter, Myron Bancroft of Family Court Services,Capt. Kevin Koller of LCSO Correctional Services and Josh Lopes, Esq.

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. Dustin Butler, Esq. Tom Coleman, Esq. Sara Fitzpatrick Comito BILLING INQUIRIES 239.334.0047

7370 College Parkway, Suite 206 Fort Myers, FL 33907 239.690.9840 | ConricPR.com | info@ConricPR.com Res Gestae is an award winning magazine published monthly by CONRIC Publishing in partnership with the Lee County Bar Association.

All editorial, advertising and photos may be submitted for consideration through email to: resgestae@leebar.org.

We make every effort to ensure the accuracy of the information published, but cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae, or CONRIC Publishing.

It is the policy of the Lee County Bar Association to hold meetings only in those facilities that do not discriminate on the basis of race, gender, sexual orientation, national origin, physical or mental disability or religion. The Association will engage in a good-faith interactive process with any employee, prospective employee, member or invitee to determine if a reasonable accommodation is needed and will make reasonable efforts to provide such accommodations. Any requests for accommodation should be directed to the Executive Director of the Lee County Bar Association, Sharon Brotherton at info@leebar.org or admin@leebar.org or (239) 334-0047.

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.

March 2016 | RES GESTAE

9

Ethically Speaking

CREDIT CARD PAYMENTS MUST COMPLY WITH TRUST ACCOUNT RULES

By Henry Lee Paul, Esq.

Many law firms accept credit card payments for fees and costs. This practice is entirely appropriate, provided trust account rules are complied with.

Unfortunately, it is my experience that many firms unknowingly receive credit card payments in violation of the rules.

There are some fundamental rules that must be complied with. Client funds must not be commingled with law firm funds.

Client funds, such as payment for future services or costs, must be deposited directly to the trust account. It is a violation of the rules to have client funds deposited in the operating account by a credit card processor, even if the law firm immediately transfers those funds from the operating to trust account.

Similarly, law firm funds must be deposited into the operating account.

It is commingling if law firm funds are deposited to a trust account, even if immediately transferred to the operating account.

If a law firm accepts credit card payments for both trust and operating accounts, it will require a processor who will deposit into each account separately.

Another common pitfall is deduction of per transaction fees and monthly processing fees from the trust account.

Although there is some authority allowing this practice, it requires an immediate reimbursement to the trust account by the law firm. See, The Florida Bar News, Should your Firm be Accepting

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RES GESTAE | March 2016

Credit Cards, January 15, 2004. This practice is time consuming and subject to mistake.

Furthermore, due to the recent amendment to trust accounting Rule 5-1.1(a)(1) (Trust Account Required, Commingling Prohibited) a trust account overdraft caused by credit card fees must be reported to The Florida Bar. The amendment states: A lawyer may deposit the lawyer’s own funds into trust to replenish a shortage in the lawyer’s trust account. Any deposits by the lawyer to cover trust account shortages must be no more than the amount of the trust account shortage, but may be less than the amount of the shortage. The lawyer must notify the bar’s lawyer regulation department immediately of the shortage in the lawyer’s trust account, the cause of the shortage, and the amount of the replenishment of the trust account by the lawyer.

A better practice is to select a credit card processor who only deducts credit card fees from the operating account.

Fortunately, there are a few credit card processors that are aware of the special requirements of processing payments for legal fees and costs. The Florida Bar has a member benefit approved provider, LawPay, that complies with these requirements. There are other providers who comply with these requirements, including Law Charge.

Another pitfall involves the possibility of chargeback from funds deposited in a trust account. The solution to this potential problem is to have a credit card processor that agrees not to withdraw any funds from the trust account, even by chargeback. LawPay and Law Charge comply with this requirement and will only withdraw a chargeback from a law firm operating account.

Additionally, processing fees may not be charged to the client.

It is my experience that many law firms are simply not aware of the requirements of compliant credit card processing.

This non-compliance may go unnoticed.

However, in the event a law firm trust account comes under scrutiny, it is likely that The Florida Bar will discover the non-compliant practices. This may lead to a full trust account audit and potential discipline. 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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11

Family Law Matters

ALIMONY AND TIME SHARING

What Will Happen in 2016?

By Dustin Michael Butler

Many family law practitioners are aware

that alimony reform has been a heavily considered topic of the past several legislative sessions. Most practitioners assumed reform would pass last year, and but for the budget debacle where the House walked out it almost certainly would have. This session there are several bills in both the House and the Senate which have been filed regarding alimony reform.

It would appear the legislature is moving towards an alimony guideline system which they believe will increase predictability and decrease litigation.

However, it still contains high and low end ranges and depending on the case and the party one represents it may or may not be more favorable than the current law.

press time. For example, Senate Bill 250 included language on both timesharing presumption and alimony reform.

However, as of the last week of January an Amendment was filed which struck all of the alimony language, leaving only the language for timesharing. Senate Bill 668 currently has language regarding both alimony and timesharing but one might infer that an Amendment will be filed to strike the timesharing language, leaving only the language for alimony reform. Currently the House has filed Bill 553 which is identical to Senate Bill 250 as amended and House Bill 455 which is largely similar to Senate Bill 668.

Further it appears that the legislature will also address a presumption for equal timesharing which must be rebutted.

Given that Res Gestae goes to press approximately one month prior to you all receiving the magazine, the scope of this article is meant more as an invitation to follow and engage in the legislative process rather than an analysis of the filed bills.

Of note for the timesharing legislation the factors which would rebut a presumption of equal timesharing are almost identical to the current factors with some new additions. One such new factor is the consideration of the timesharing requested by the parents. This is the first factor regarding timesharing that has ever focused on the parents rather than the child. Senate Bill 512 is less controversial but worth following nonetheless. It removes references of marriage between one man and one woman to comply with last year’s Court rulings.

It is unlikely that the filed bills as currently constituted will remain intact at

Regardless of whether one practices family law, supports the current law,

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RES GESTAE | March 2016

the filed bills, or something else I urge all attorneys to follow this legislative session. The legislature creates the law which we must all argue and apply. It is imperative that we all take an active role in following these changes and reaching out to our Representatives and Senators.

Those of us on the ground level see how these laws impact families and have a duty to report back to our representatives in the legislature. For your convenience you can find your State Senator by going to: www.flsenate.gov/Senators/Find and your State Representatative by going to www.myfloridahouse.gov/Sections/ Representatives/myrepresentative.aspx. RG

Dustin Michael Butler is an Attorney with Martin Law Firm, P.L., whose practice focuses in Family Law. He graduated cum laude from the University of Florida College of Law and is currently a co-chair of the Lee County Bar’s Family Law Section.

He is the immediate past president of the Cape Coral Bar Association.

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In Memoriam Veronica Shoemaker Many are said to leave big shoes to fill. Mrs. Veronica Shoemaker left a very big hat. “I used to visit her in her little flower shop,” said Joe D’Alessandro. “Forget the flowers. On the walls in her shop, she had big, beautiful women’s hats. Veronica wore big hats.” The former State Attorney had an aunt who was a millinery; there’s not as much call for the profession these days. The hats are emblematic of a different time. It was a time where ladies gave teas to provide a forum and engender support for candidates for public office, as Joe’s mother did for “Mrs. Shoe.”

It was also a time of segregation, when change was difficult to enact.

As those big hats symbolized a social glue between Veronica’s and Joe’s families, the social graces that characterized the era, and that were bestowed upon the first black candidate for Fort Myers City Council, helped bolster her chances. After running for the 17th time, Mrs. Shoemaker was finally elected. Ultimately, her persistence paid off for Fort Myers.

“She cared about the community,” Joe said. “If you look at a lot of things that were passed on the City Council, it was by a 4-3 vote – she was often the fourth. She was for the community, not for this group or that group.”

Countless remembrances have been printed since Veronica Shoemaker’s Veronica Shoemaker with Joe D'Alessandro death on January 21 at the age of 86. Wilbur Smith, who was Mayor while she served the city, told the News Press, “In my mind, she is the most important person in Fort Myers history… Nothing deterred her from her quest to bring equality to the black citizens of Fort Myers.” Her accomplishments are far too numerous to name here, but the LCBA stands united in its appreciation for this tremendous individual who indeed leaves a very, very big hat to fill.

The following are LCLA’s 2015 year end outcomes. Again we wish to thank the LCBA for its continued support of LCLA in building financial stability for families.

Lump Sum Alimony:

$46,285

Child Support Lump Sum:

$338,983

On-going (yearly): $501,093 Asset Distribution: $267,752

Monies Saved

Child Tax Credit: $277,727 Debt: $6,572 Total: $1,438,412

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RES GESTAE | March 2016

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March 2016 | RES GESTAE

15

YLD Update

NEWS AND EVENTS This year the Lee County Bar Association Young Lawyers Division is joining with the Children’s Network of Southwest Florida to organize the first ever TRYATHLON event series. The Tryathlon will feature three family-friendly events scheduled throughout 2016. Each event will provide a unique opportunity for members of the Lee County Bar Association and the Young Lawyers Division to team up with children and families from the Children’s Network of Southwest Florida for a day of fun and healthy competition.

The first event to kick off the Tryathlon will be a day of bowling and bonding on March 12, 2016. The second event is a miniature golf tournament in May, leading up to the Lee County Bar Association’s Annual Charity Golf Tournament. Finally, the third leg of the Tryathlon will bring everyone together for a “back-to-school” fishing competition in August!

Each event will include a variety of prizes for participants from the Children’s Network, with awards given for both performance and positive attitude. Families from the Children’s Network will also receive Grand Prize raffle tickets for each event they attend as a reward for ongoing participation. A drawing at the conclusion of the Tryathlon will determine the raffle winners. The more you TRY the better your chances!

Thomas Coleman, YLD President

Not only does the Tryathlon offer three days of fun with the great kids and families of the Children’s Network, but it also fosters health, wellness, and community involvement among the residents of Southwest Florida. Participants and volunteers are sure to feel a sense of satisfaction and accomplishment after getting out of the house and involved with the community. So come out and TRY – either at one event or all of them!

Look for details about the Tryathlon events in the Res Gestae, the LCBA newsletter, and on our LCBA YLD Facebook page in the coming weeks! Also be sure to join us at our regular YLD meetings on the first Friday of each month and at our YLD social events during the second week of each month.

UPCOMING EVENTS MONTHLY MEETING March 4, 2016 Oasis Restaurant 12:00-1:00 p.m.

ARTWALK BEER SALES March 4, 2016 Downtown MARCH JOINT YLD/LCBA “DATE NIGHT” SOCIAL March 11, 2016 Location TBD FIRST LEG OF THE TRYATHALON March 12, 2016 Gator Lanes 11:00 a.m. – 2:00 p.m.

Please contact the Lee County Bar Association if you are interested in supporting the YLD Tryathlon or have any questions about upcoming YLD Social Events. You can also contact the LCBA YLD directly through its Facebook page or via one of its Officers. RG

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RES GESTAE | March 2016

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17

Turning the Tables

with Judge Robert Branning

Judges are used to putting people in the hot seat.

Seeing as though he’s the master of ceremonies presiding over the LCBA’s inaugural Shrimp Boil this month, it’s time to turn the tables on Judge Branning. What’s his secret to the perfect seafood soirée? Res Gestae was intent on finding out with these incisive questions. Eschewing the robe for the apron, he swore to tell nothing but the truth. But you can be the judge of that!

Do you have a special shrimp boil procedure/ recipe you'd like to share?

Yes. First I boil the water, and then I put the shrimp in.

Did you learn this from someone? Or how did you develop your technique?

I learned all my techniques, as well as most of my unerring fashion sense, from Chef Justin Wilson. "I Garontee!!"

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How did you first learn to cook?

Out of necessity. I was raised largely on pork rinds and Vienna sausages.

What is your favorite kitchen utensil and why?

The Cerama-Bryte oven cleaner. It's truly magical stuff.

Anything else we should know?

I am no Jack Lundy. Everyone should bring plenty of Tums.

March 6 2 - 6pm $25 Members $40 Non-Members 239.334.0047 admin@leebar.org

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RES GESTAE | March 2016

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March 2016 | RES GESTAE

19

HERE COMES THE ICE KING

Phil Esposito – from the NHL to the LCBA

By Sara Fitzpatrick Comito

N

HL Hall-of-Famer Phil Esposito isn’t afraid to speak his mind. One need only crack the spine of his book, Thunder and Lighting, to get a keen sense of that – suffice it to say the subtitle, “A No-B.S. Hockey Memoir” is truth in advertising. The founder of the Tampa Bay Lightning is also an off-the-cuff kind of guy.

When asked by this magazine what his plans are for his talk when he appears as the featured speaker at this month’s LCBA Membership Luncheon Meeting, he quipped, “I know they’re a bunch of lawyers – I’ll probably walk in with my hands in my pockets so no one steals anything.” In all seriousness, attendees can expect an unforgettable afternoon with a born storyteller who defied the critics by bringing NHL hockey to the southern part of the U.S., and defied his own preconceived notions by discovering the value of partnering with an attorney.

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RES GESTAE | March 2016

Photo credit: Tampa Bay Lightning

March 2016 | RES GESTAE

21

GOAL LEADERS Like Frederic Tudor, who in 1806 drew scorn by deciding it would be a good enterprise to ship ice from frozen New England lakes to the tropics, Esposito’s plan to bring hockey to Florida raised more than a few eyebrows. “I just couldn’t understand why people didn’t get that you play indoors,” he mused. “They thought I was crazy. They thought it was the stupidest thing they’d ever heard.”

Twenty-four years later, the ice hasn’t melted. Games at the former Ice Palace Arena, renamed a number of times since, continue to sell out. The Lightning even have a Stanley Cup (2004) to their name. Maybe Esposito would have gotten along with Tudor, who became known as The Ice King and upon surveying his empire, was said to exclaim, "The coast is now cleared of interlopers. If there are any unslain enemies, let them come out."

The similarities end there for the two Ice Kings, both visionaries and fierce competitors; Tudor had a monopoly, whereas Esposito started a franchise, and Tudor was more of a loner, where Esposito valued the advice of friends. Who would venture a bet as to the better skater? When he retired in ’81, Esposito had scored a career total of 717 goals in 18 NHL seasons. Only Gordie Howe scored more – 801 after 26 seasons.

Esposito gamely shrugged off the naysayers, and sought the counsel of a young attorney named Henry Lee Paul, whose CV now includes a tenure as counsel to The Florida Bar and current service on the Twentieth Judicial Circuit’s local Professionalism Panel. “I took an immediate liking to him,” Esposito recalled. “I had never been a real fan of lawyers, to be honest with you.” But if you’ve ever enjoyed Lightning action in nearby Cigar City, Esposito claims Paul is the one to thank.

Esposito wanted to know if Paul thought hockey would gain traction there. (He did.) “I said, ‘I’m going to go for it, are you with me?’ He said, ‘I am.’”

POWER PLAY Paul is a well-respected voice on ethical legal practice (and author of a popular Res Gestae column on the topic) currently in private practice. Those days of negotiating with the NHL, working to vanquish a competing bid, managing institutional strife and raising the $50 million franchise fee – the bulk of which came from Japanese investors – provided a broad base of experience in complex business transactions – and more than a little context for his work in the professionalism arena.

For a taste of what those “crazy” days as a founder and then general counsel for the Tampa Bay Lightning must have been like, Paul suggests you read Esposito’s book. “It was a real experience in the ins and outs of all sorts of different ethical issues. I got a real education in the world of business and ethics.”

1990 was an eventful year. Paul married his wife, Rosella, two months before the franchise was obtained. At that time, the NHL’s southern boundary went from L.A. to St. Louis to D.C. The Lightning was a test. NHL President John Ziegler had faith in Esposito to make it work in Tampa. That faith was well placed. Emboldened, the NHL then continued its southern expansion with franchises in Tennessee, Carolina, Dallas, Arizona and Miami.

Esposito squeezed in an interview with this magazine between legs of a grueling travel schedule. And when he appears before the LCBA membership, it will be because his old friend Henry Lee Paul lined it up. (Incidentally, Rosella Paul lined up a meeting between Esposito and her best friend, Bridget, who later changed her name to Esposito.) What’s more, said The Ice King, “If it wasn’t for him, I never would have chosen Tampa."

Join us at noon on Friday, March 18 at the Sidney & Berne Davis Art Center – it should be a real education. RG Photo left: Phil Esposito, Boston Bruins 1969 Photo top: Bridget and Phil Esposito with Rosella and Henry Paul in Oregon

22

RES GESTAE | March 2016

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23

Congratulations to our new judicial appointees!

Governor Scott was presented with many worthy appointees to fill judicial vacancies, and we know it could not have been an easy decision. The LCBA offers its sincere admiration and thanks to all who applied.

Please join us in congratulating the following: Geoffrey Gentile has been appointed to the 20th Judicial Circuit. A partner with Boyle, Gentile & Leonard, Gentile replaces Judge Cynthia Pivacek.

The Honorable Leigh Frizzell Hayes has been appointed to the 20th Circuit. A county judge since 1997, she replaces Judge R. Thomas Corbin.

Devin S. George has been appointed to Lee County Court. An assistant prosecutor in the 20th Circuit since 2006, she replaces Judge Frank Mann Jr.

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RES GESTAE | March 2016

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March 2016 | RES GESTAE

25

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With the encouragement of area business owners and residents, Edison — Robbie Roepstorff, President (pictured with Geoff Roepstorff, CEO, left and Dave DuVall, Chairman, right) Like ThomasNational Edison, we believe there is always “a better way.”

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The 90s were characterized by the its namesake’s admonishment to heart: Experience the benefits of joining Edison National Bank/Bank of the Islands. acquisition of local banks by large “There’s a better way . . . find it.” Like Courier Services Free Online Banking national institutions. Local stakeholders Thomas Edison, the bank has been and Free Bill Pay Cash Management Services Publix Presto! ATM Network valued personal relationships with an early adopter of technology, and Residential Mortgage LoansLoans Business Loans their banks, friendly personal service Mobile community Banking was one of the first banks and quick, local decision making. to offer mobile services.

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• Member www.EdisonNationalBank.com or call 239.466.1800 of theHousing Islands Lender is an office of Edison Roepstorff said, “As local residents and innovator, though, has meant finding businesspeople, we have survived the a better way to be a community asset. hurricanes and economic storms hand“We don’t just support community in-hand with our customers.” programs financially,” said Roepstorff; The interests of economic “we personally participate in a wide President Robbie Roepstorff development are best served when range of efforts to improve community money is reinvested in the local health, educational opportunities, Visitors to the River District by way economy. But by rolling up their our environment and economic of First Street are greeted by the sunset sleeves for community service projects, development.” To that end, bank colored façade of Edison National Bank, Roepstorff emphasized, the Edison management and staff have supported with the giant neon tree announcing the National Bank team has created organizations like the LCBA, Sanibel location of the City of Palms Parking “a valuable network of civic and Captiva Conservation Foundation and garage. It’s hard to consider a Fort Myers Habitat for Humanity. community leaders – people who know how to get things done for the benefit of without it. The bank has left its mark Roepstorff explained, “There is all involved.” RG across Lee County, with its Cleveland tremendous synergy between our Ave. address in south Fort Myers, and business philosophy and our investment the two Bank of the Islands locations in the community. Both are based on Photo below left: Habitat for Humanity Women on Sanibel and Captiva. According to establishing long-lasting relationships Build 2015. Photo below right: Sanibel Captiva President Robbie Roepstorff, however, and the satisfaction of helping others Conservation Foundation Coastal Cleanup 2015 achieve their goals.” its reach is far more than physical. ®

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RES GESTAE | March 2016

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March 2016 | RES GESTAE

27

The Dish

By Sara Fitzpatrick Comito

The line is out the door at Ginger Bistro. Fortunately, I’ve made reservations, but my small party still must stand with the crowd for a few minutes as the servers scurry about purposefully.

These are pros, operating at maximum efficiency on a Saturday night in high season when word about this gem in a strip mall rough has obviously gotten out. The kitchen door swings open, revealing a vast, gleaming workspace full of fragrant smoke and a teeming staff engaged in a practiced choreography. The door swings shut, and I’m suddenly staring through a window into my childhood: entombed in a glass case hang racks of ribs, slabs of pork belly, and whole chickens and ducks. I’m transported to Boston’s Chinatown, could be 1985. I’d be 11 years old.

I’m working my way back from the Museum of Science or New England Aquarium on what was probably a cold, wet, grey, windy day, seeking refuge in a food store. Those dead birds, feet and all, hanging in the front window. The bucket of live crabs. A small, stern woman saving me from my curiosity, snatching my hand at the

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RES GESTAE | March 2016

last moment from the reaching claws.

“Thousand year old eggs” preserved in ash. Rows and rows of Chinese characters dancing across the shelves. And a heady, earthy aroma I can still conjure in my mind at will. We’d hop on the Green Line to head home, my mom carrying my baby sister, my dad carrying a bag of sriracha, black bean paste, Chinese sausages, wood ear mushrooms and other special things to occasion a hot wok on a chilly evening.

Fast forward to a windy, rainy night in Florida in 2016. There’s no subway, no Chinatown. We are led away from the crowded entry and my reverie is broken, but soon to be replaced by delight.

The menu at Ginger Bistro is extensive, but well organized, and betrays no sort of identity crisis. This is solidly Cantonese-influenced food, with a token nod to other Asian cuisines including Thai and even Indo-Chinese, I suspect in an attempt to please everyone. Even mall food fans can enjoy a less-pedestrian version of the American-Chinese invention that is General Tso’s chicken, for instance. But why wouldn’t you opt for something different, like Hong Kongstyle BBQ crispy pork belly or a clay pot Photos left: Top - Udon noodles with flank steak.

Middle - sizzling grouper in ginger sauce. Bottom - hot and sour soup.

The Dish full of mixed seafood and shiitake mushrooms in a lovely, molten sauce?

chock

Ginger Bistro gingerbistrousa.com 4650 S. Cleveland Ave. #8 (239) 689-3113 Open seven days Lunch: 11 a.m. – 3 p.m.

Dinner: 5 – 9:30 p.m.

Every dish I had the pleasure of sampling was expertly executed.

We arrived too late for the dim sum menu, which is available every day from 11 a.m. to 3 p.m., but a selection of these small-plate delights are in representation among the appetizers. Mini pork steam buns were an appealing starter. The hot and sour soup was divine.

Big, toothy udon noodles with flank steak were a crowd pleasing entrée, with tender beef, an unabashed smattering of scallions and crispsweet red bell peppers. A sizzling grouper in ginger sauce platter arrived next for our listening pleasure. When the heat dipped below volcanic levels, flaky chunks of lightly breaded fish just about delivered the fatal blow to these diners’ appetites.

Or so we said, until we just decided to dispense with the side plates and go at everything with our chopsticks. A coconut pudding was not the stickysweet western-style concoction that might be expected, but a light, subtlyflavored refresher.

I might not be able to take the family to Chinatown anytime soon, but Ginger Bistro proved a family bonding excursion, no turnstiles or tokens required. RG Photo top left: Steamed mini pork and ginger soup buns

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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Is your firm part of the 100 Club? Any firm with 2 or more attorneys and 100% membership in the LCBA qualifies. If you feel your firm is eligible fax a listing of your attorneys to (239) 334-0523 and we will let you know.

March 2016 | RES GESTAE

29

Legal Lens

Indera Singh, Karla Campos-Andersen

Mock Trial Competition The kids were well prepared for Lee County Mock Trial, held January 2930, but also impressed by thinking on their feet.

Presiding Judge James R. Adams

Scoring Judge Scott Atwood Photos courtesy of Jim Jett Photography

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RES GESTAE | March 2016

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Legal Lens

Mock Trial Competition All of the kids were deserving of accolades. At press time, FMHS was preparing for Circuit Mock Trial Competition!

Scoring Judge Miguel Fernández

Presiding Judge John Steele Photos courtesy of Jim Jett Photography

32

RES GESTAE | March 2016

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Lee County Mock Trial Competition 2016 was another outstanding success!

“The kids were beyond prepared, yet able to think on their feet. As you can see, there is a lot that goes into putting this program together. I could not do it without the help of our legal community and all the individuals named here. Thank you!” ~ Karla

Now in her second year as co-chair, Karla Campos-Andersen began participating in Mock Trial as a freshman at Mariner High School in 1994, when it was just her alma mater and Fort Myers High School representing the county. Paul Lile was still serving as Chair when Karla came back as a practicing attorney in 2004. This year, six teams did themselves proud, even as they got a little objection-happy, which made for some very exciting moments: Canterbury, Island Coast, Bishop Verot, Ida Baker’s two teams and returning champs, Fort Myers High School.

THE MOCK TRIAL COMMITTEE Co-Chair Indera Singh • Elizabeth Waterhouse Maria Berrette • Melissa Souza Larrea • Nellie Shaner Tanya Norris • Yvonne Caldwell and Kristin Stevens of Lee County School Board SPECIAL THANKS TO Sara Miles and Brenda DeBow of Lee County Court Administration Lieutenant Todd Falde and Lee County Sheriff 's Office Marc Ganim of Oasis Cafeteria 2 David Toumey of Courthouse Security PRESIDING JUDGES Hon. Keith Kyle • Richard Purtz • Magistrate Kimberly Bocelli • Chardean Hill • Hon. James Adams Marcy Shaw • Hon. Andrew Swett Hon. Archie Hayward Jr. • Gary Bass • Hon. Carol Mirando Hon. Robert Branning • Hon. Josephine Gagliardi Hon. John E. Steele

SCORING JUDGES Nirupa Netram • Kelly Provo • Paul Thomas • Agniezka Osowicka • Casey Stewart • Michale Anthony Pica Kevin Fularczyk • Nellie Shaner • Aaron Haak Cristina Nieves Shannon Puopolo • Asma Anur Matt Raulerson • Blaze Douglas • Martin Holland Joel Hyatt • Jeffrey Hurcomb • Magistrate Studybaker Anne Dalton • Douglas Kemp • Ashley Adams JoAnn Boreland • Kristianna Soto • Malcom Godwin Miguel Fernández • Scott Atwood SCHOLARSHIP SPONSORS Best Prosecution Attorney: Knott, Ebilini, Hart Attorneys at Law Best Defense Attorney: Henderson Franklin Starnes & Holt, PA Best Plaintiff Witness: Law Office of Marcy L. Shaw Best Defense Witness: Anne Dalton Esquire, Attorney at Law and Mediator Best Closing statement: Law Office of Miguel C. Fernández

SPONSORS Silver Sponsor: Goldberg, Racila, D'Alessandro & Noone, LLC Bronze Sponsor: The Joe Viacava Law Firm 34

RES GESTAE | March 2016

1st Place Winners (left): Fort Myers High School

2nd Place Winners (above): Canterbury School 3rd Place Winners (left): Ida Baker High School

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On the Bench Hon. Frederick R. Hardt When he was in law school Judge Frederick Hardt decided the courtroom was where he wanted to be. “If you’re a doctor, where’s the action – it’s in surgery, right? Trying cases as an attorney and as a judge has always been the most fascinating and challenging part of the law.” The felony docket never fails to deliver in those two departments. Following his appointment to the circuit court bench by Governor Jeb Bush in 2003, Judge Hardt presided over all circuit court dockets in LaBelle. Since arriving on the Naples bench in 2006, he’s cycled through all of the divisions, but has always circled back to criminal cases.

“It’s probably the most interesting docket, and the cases move along fairly quickly, so the important thing is to make sure we’re doing everything we can to protect everyone’s rights while moving cases along.” The variables are numerous – predicting what a jury will do is always a fool’s errand, for instance, and there’s often a lot of emotion on both sides. One of the methods Judge Hardt has used to progress cases is to post all of his office and courtroom procedures on the 20th Judicial Circuit website. He feels it helps attorneys to know what to expect. Judge Hardt adds this caveat: “Of course, once you establish your procedures, then it’s important that you follow them yourself.”

That’s not too tall an order for the former U.S. Navy JAG Corps officer who handled numerous courts-martial proceedings. But no amount of preparation can preclude every eventuality, especially when dealing with the vagaries of human nature. The week previous to his interview with Res Gestae, Judge Hardt had another unusual courtroom experience: “The jury is deliberating, and the defendant, who is out of custody, asks for permission to go downstairs for a cigarette break. That’s the last we ever saw of him.” Naturally the man was adjudicated guilty and received a sentence informed by the evidence plus his disappearing act, and a bench warrant as a bonus. Judge Hardt added “Every trial brings a surprise!”

Under the Florida Constitution Judge Hardt will be compelled to retire in three years. But he intends to stay active and involved, perhaps with arbitrations, private judging, teaching or writing.

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From the Bar Neysa Borkert, Esq. Although she’s too modest to do so, Neysa Borkert would be within her rights to claim the title of legal eagle. The idiom is more literal than figurative here, given the Assistant County Attorney’s service on what’s known as ETAC – the Eagle Technical Advisory Committee. That body tackles land use governance considerations to minimize impact on bald eagle nesting behavior and habitat.

Borkert is also co-chair of the LCBA’s Land Use & Governmental Law Section with Amanda Brock. As of this writing, the pair were preparing for a CLE to address recent case law regarding signage that could affect local regulations. Borkert has served the county for two years, having completed a 10-year stint at Pavese Law Firm. “As an Assistant County Attorney, I feel as though I can serve a larger part of the citizenry,” she said. As many of our readers will relate, she also doesn’t miss having to bill hours.

Borkert has always had an interest in land use and property rights, which sometimes is not glamorous: “I know more about berms and required parking spaces and permitted uses than you’d really ever want to know.” She is able to bring her concern for environmental conservation to the job, and is constantly exploring uncharted territory, like the rise of agritourism. Lee County is ahead of the rest of the state in defining what this business sector is and accounting for its activities in land development codes. Borkert has discovered that by opening up farm operations to the public, farmers are able to enjoy an additional income stream, the region benefits from increased tourism dollars, and the public enjoys learning about where their food comes from.

Drone law is another interesting new area that could require zoning regulation in the future. Recreational flyers have a lot of leeway, but try to use your drone to survey your crops, and you’re in for some pretty hefty red tape from the FAA. A recent viral video showed eagles being trained to capture drones, but we expect that, like Borkert, Lee County residents prefer them capturing our hearts and imaginations as they tend to their nests.

When not at work, Borkert likes to run and travel with her husband and three children.

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RES GESTAE | March 2016

From the Bar Steven C. Hartsell, Esq. As Chair of the Southwest Florida District of the Urban Land Institute, Steve Hartsell describes the mission of that national nonprofit organization as providing “Leadership in the responsible use of land and in creating and sustaining thriving communities.” Locally he believes land use goals and standards can be set for our region that are both “aspirational and achievable.” At press time, Hartsell was preparing for a presentation by ULI Senior Fellow Ed McMahon, a nationally known authority on what contributes to the success of a thriving community, and how the aspirational can become achievable.

These are issues Hartsell has been tackling on behalf of clients at Pavese Law Firm for 30 years. Before getting his start in zoning, land use and development law, he decided to discover the lay of the land for himself. So after graduating from Dickinson College in his home state of Pennsylvania, Hartsell went out west working in restaurants in Yellowstone and Colorado Springs. “What was ostensibly supposed to be one year turned into two,” he said. “So then I’m at the Broadmoor Resort up to my hips in snow and I start looking for a law school that’s somewhere warm.”

His proclivity for argument having been recognized at an early age by his father, Hartsell headed to the Florida State University College of Law in 1978 and landed an internship for the Public Defender in Lee County. He got this first job as an Assistant Public Defender, and then went on to the Lee County Attorney’s office under Jim Yeager. Three years later, he accepted the position at Pavese. “This is a great group of talented lawyers, and a less formal working environment makes for a very collegial atmosphere at the office,” he explained, indicating that the leadership example of Managing Partner Charles Mann and his predecessor, Bill Haverfield, has cultivated consensus.

When not at work, Hartsell enjoys running, and competed in his first marathon in 2014, “Which may be my last,” he conjectured, given the time commitment involved. He volunteers as a Sunday school teacher and legal advisor at First Assembly of God of Fort Myers, where he met Mary Ann, his wife of 34 years and mother to their three grown children.

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In The News In March of 2014, the Florida Supreme Court, through Administrative Order 15-18, set out the conditions for Clerks to provide the public, attorneys and other agencies with online viewing of documents on court cases.

The Clerk’s Office has been able to provide attorneys with the ability to view court case documents online for many years.

Recent viewing changes have provided additional security and online access for the public, but alters the legal community's current viewing access. The Clerk’s Office is currently in a pilot testing phase. Please visit the Clerk’s website at www.leeclerk.org and click on Court Records Availability Online Update under announcements for progress updates.

Laird A. Lile has been elected without opposition to a sixth consecutive term on the Board of Governors for The Florida Bar. Lile is one of two governors elected by members to represent the 20th Judicial Circuit, which includes Collier, Lee, Charlotte, Hendry and Glades counties. His two-year term concludes in June 2018. Lile is a board-certified wills, trusts and estates attorney in Naples at Laird A. Lile, P.A. The 52-member board of governors represents The Florida Bar’s 98,000 members and has exclusive authority to formulate and adopt matters of policy concerning the activities of The Florida Bar.

Tania Nordelo Ogden has joined the workers’ compensation defense team at Henderson, Franklin, Starnes & Holt, P.A. Ogden represents insurance carriers, third party administrators and employers in the defense of worker’s compensation claims. She is also certified as a Circuit Civil Mediator.

Ogden received her undergraduate degree from Florida State University and her law degree from Drake University Law School. Previously she owned her own workers’ compensation practice. She was also an adjunct professor at Ave Maria Law School. Ogden is a member of the Lee County Alliance of Women Lawyers and St. Katherine Drexel Church. She also volunteers at Community Cooperative’s soup kitchen.

Shannon Puopolo has been elected a stockholder at Henderson, Franklin, Starnes & Holt, P.A. She concentrates her practice in commercial litigation, and handles real estate litigation, including title insurance claims, creditors’ rights in bankruptcy and foreclosure proceedings, residential and commercial eviction proceedings, and association law matters and partnership disputes.

Puopolo received her undergraduate degree from Washington University in St. Louis and her law degree from the University of Miami School of Law. She is Vice President of the Guardian Ad Litem Foundation 20th Judicial Circuit Board of Directors. She is also President Emeritus of the LCBA’s Young Lawyer’s Division and is a member of the American Bankruptcy Institute.

Preston J. (PJ) Scheiner, of Associates and Bruce L. Scheiner spoke at the national Anatomy of a Personal Injury Lawsuit Seminar on January 22-23, 2016 in Scottsdale, Arizona. The Anatomy of a Personal Injury Lawsuit Seminar is based on the American Association of Justice Press book, Anatomy of a Personal Injury Lawsuit, for which Scheiner served as a contributing author.

The book provides a step-by-step guide through the process of a personal injury claim, from the initial client interview to closing statements. The seminar served as a resource for plaintiff lawyers handling personal injury cases. It explored case investigation and themes, jury selection, discovery, damages and more.

Elizete Velado has joined the staff of attorneys at Goldberg, Racila, D’Alessandro & Noone. Previously she was with the personal injury and civil litigation firm Swope Rodante, PA in Tampa. Velado earned a B.A. from Florida State University and her law degree from that school’s College of Law. In 2010, The Florida Bar Foundation selected her as a recipient of the Summer Legal Aid Fellowship, allowing her to work with Gulfcoast Legal Services in St. Petersburg on behalf of indigent individuals. The following year, she was selected as an intern for the International Bar Association in London, where she provided comprehensive research and writing on cutting edge international law and human rights issues for the program lawyers at the IBA’s Human Rights Institute.

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 | March 2016

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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

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