Res Gestae - October 2016

OCTOBER 2016

HUNTING HAUNTINGS IN PARADISE Ghost stories illuminate Fort Myers history

LEGAL ADMINISTRATORS KEEP YOUR PRACTICE RUNNING

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

Contents Cover Photo Courtesy of April Bordeaux

22 features 16 ALA supports administrators & firms

Protect your clients, files and accounts

22 Hunting Hauntings in Paradise

14

Ghost stories illuminate Fort Myers history

by Sara Fitzpatrick Comito

departments 6 Letter from the President

27 New Members

by Scott Atwood, Esq.

8

Letter from the Executive Director

9

by David Seitz

Calendar of Events

10 Ethically Speaking

by Henry Lee Paul, Esq.

12 RPPTL Practice Section

A brief primer on fiduciary conveyances of real property

by D. Hugh Kinsey, Jr., Esq.

14 Legal Lens

LCBA Luncheon

28 Legal Lens

LCAWL Happy Hour

29 Grant Alley honored by The

Florida Bar

30 The Dish

Chicago Boys Bar & Grill

32 On the Bench

Honorable Samuel J. Salario

34 From the Bar

Stephanie Hoffman, Esq.

Criminal Law Section Social

26 Advertiser Spotlight

4

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RES GESTAE | OCTOBER 2016

Boyle & Leonard, P.A. Boyle & Leonard, P.A. Brad Jessen,Edward Jones Business Observer Calvo & Calvo Attorneys at Law Compass Law Firm CONRIC PR & Marketing | Publishing Copy Lady Denise Kennedy Dial A Nurse Inc. Donna Tisch Edison National Bank ENCORE Bank Endeavor Workspaces Experience Real Estate Group, LLC FineMark National Bank Fort Myers Court Reporting Garvin Law Firm Gerald W. Pierce, B.C.S. Get Smart Bail Bonds Geraghty Mediation Henderson, Franklin, Starnes & Holt, P.A. Hotel Indigo Joe Viacava Law Kim Patrick Hart Kushner & Kushner Attorneys Law Firm of Scott T. Moorey Law Offices of David L. Orosz Leonard P. Reina Leslea Ellis, LLC Levins & Associates, LLC Livingston Loeffler, P.A. Martin Law Firm Massie & Reilly CPAs,PLLC McHale, P.A. Merit Court Reporting, Inc. Musca Law Office, Inc. Office Space for Rent Patterson Eskin & Ball Safeguard Shredding Simon M. Harrison Spivey Law Firm, P.A. Veranda Restaurant Vantage Construction Services Von Ahn & Associates Webb & Scarmozino William DeForest Thompson Jr., LLC

13 42 33 33 25 38 35 27 25 29 19 BC IFC 25 36 13 37 32 37 34 29 17 15 IBC 11 35 39 39 33 27 35 37 21 39 36 19 3 7 35 38 7 5 27 18 15 28 7

36 From the Bar

William DeForest Thompson, Esq.

18 Best Lawyers in America 2017 38 100 Club 20 Legal Lens

AD DIRECTORY

40 In the News

News and Happenings

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Letter from the President Greetings! I’m continually delighted by our members’ active participation in Lee County Bar Association events.

With only a couple more months ahead of my term as president, there is still much ahead to look forward to.

Last month we celebrated Constitution Week by visiting seven Southwest Florida schools. More than 30 attorneys and judges delivered engaging presentations and helped foster an open dialogue among the students.

It’s always rewarding for lawyers to step outside their own entrenched knowledge of the Constitution, and impart a passion for the freedoms it provides to our next generation of citizens. As always, Jim O’Leary stepped gamely up to the plate to organize scores of willing LCBA member volunteers and make the Speakers in the Schools program an unforgettable event for them and their young audiences alike.

For our Continuing Legal Education program in September, we hosted a fascinating presentation about “The Ethics of Social Media.” Panelists at this membership luncheon event included Hon. Michael McHugh, Hon. Elisabeth Adams and Henry Lee Paul, Esq. Ever think about how The Florida Bar standards for advertising could have jurisdiction over your tweets or Facebook posts? Our experts provided case law, personal anecdotes and lots of valuable resources about The Florida Bar Standing Committee on advertising guidelines for networking sites, video sharing sites and more.

To expand your knowledge, check our website for an in-depth handout that is available for download at LeeBar.org Our 27th annual Bench Bar Gala held at the Sidney & Berne Davis Art Center on September 30 was a smashing success. Everyone had a great time trading in their courtroom pinstripes for their black tie finery. We have another, much more casual, social gathering on the horizon: the Bar-B-Q on November 5. Will David Seitz’s chili live up to the hype? Save the date now and we’ll see you at the beautiful Smoot property on the scenic banks of the Orange River!

For kids of all ages, Halloween brings a month full of fun and frights.

When you get a chance, check out the True Tours downtown Fort Myers haunted walk. David gathered a group of LCBA members to experience our downtown history through a different, spooky kind of lens. I don’t know if we were as afraid of the ghosts as our guide was of us lawyers. In this issue, you’ll learn about some of our mysterious discoveries!

All the best, Scott

Executive Director - David Seitz 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 Indera Singh, Esq. PRO BONO Leilani Martinez, 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.

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

LEE COUNTY BAR ASSOCIATION ADMINISTRATION

RES GESTAE | OCTOBER 2016

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Letter from the Exectuive Director To our members I have not met yet, Hi! my name is David Seitz, and I am the new Executive Director of the Lee County Bar Association. It’s exciting and a little daunting to take the helm of an organization with such deep and prestigious roots here in Lee County.

Luckily, I am a fan of tradition.

After graduating from Fort Myers High School, I attended the same university where my parents first met, and I can only hope that our children follow suit (not that anyone really needs an excuse to travel for college football). Some of you may already know my lovely wife Danielle Levy Seitz, an attorney with Aloia, Roland, and Lubell.

I’m looking forward to joining her in tackling the issues that will affect the legal profession in the years to come.

I am not an attorney, but my skillset is well suited to running our Bar Association. I spent the last three years helping manage an IT service company here in town and serving as an active member of the Rotary Club of Fort Myers South. Before that, I lived in Fort Lauderdale, where I worked in insurance, and served on the boards of Emerge Broward and the Broward County Gator Club. I put together and assisted with hundreds of events, ran various businesses, and helped numerous charitable organizations.

While considering what the LCBA does and what my role would be, I started thinking about who the stakeholders in this organization really are: our member attorneys, our sponsors, your clients, and potential clients.

For members, I hope to provide engaging events and programs, relevant CLE opportunities, and qualified referral leads. Our sponsors help lighten the financial burden for the attorneys, and in return we should recognize them for their contributions and help them succeed with their businesses.

The clients are the most important part of this puzzle. The lawyer referral service here at the LCBA can help them find the proper attorney or firm for their needs and also provide prequalification for your offices. Clients rely on us to help maintain the standards of professionalism.

The events and programs the LCBA presents cover a wide range of practice areas, interests, and demographics. Even with all of these plates spinning, I invite you to drop in at the LCBA office over the Edison and SunTrust drive-through downtown.

My door is always open, and our office will always be available as a resource for you.

My email is dseitz@leebar.org, and I look forward to working with you!

David A. Seitz, Executive Director DSeitz@leebar.org | 239.334.0047 8

RES GESTAE | OCTOBER 2016

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

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. David A. Seitz Henry Lee Paul, Esq. Dr. Hugh Kinsey, Jr., Esq. Sara Fitpatrick Comito BILLING INQUIRIES 239.334.0047 Res Gestae is an award winning magazine published monthly by CONRIC Publishing in partnership with the Lee County Bar Association.

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

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

Copyright© 2016. Lee County Bar Association, Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission of the Lee County Bar Association. To inquire about such permission, please contact the Lee County Bar Association at info@leebar.org.

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Calendar of Events Some dates for 2016 Section Meetings have not been confirmed- Check our website for details!

October 7

Appellate Law and The Solo & Small Practice Section Joint Meeting

Noon – 1 p.m., Lee County Justice Center, Courtroom 4B, speaker: Second District Court of Appeal Judge Samuel J. Salario, Jr.

Young Lawyers Division Meeting

Noon – 1 p.m., Square 1 Burgers

October 14

Criminal Law Practice Section Meeting Noon – 1 p.m., Larry’s Lunch Box. Please call or fax Larry’s a day before to place your order. Phone: (239) 2084035 or fax: (239) 208-4278

LCBA and FRLS Pro Bono Awards Luncheon

Noon – 1 p.m. at Sidney & Berne Davis Art Center, 2301 First St., Fort Myers

October 27

November 9

Noon – 1 p.m. More information TBA

Noon – 1 p.m., Judge Krier’s hearing room (4-H) at the Lee County Justice Center. Topic: How to Build and Use a Trial Notebook. Panelists: Scott Beatty, Esq. and Jeff Garvin, Esq. CLE credit pending

Land Use & Governmental Law Practice Section Meeting

October 29

Lee County Bar Veterans and First Responders Legal Clinic 10 a.m. – 2 p.m. Located at the SW Florida Military Museum and Library, 4820 Leonard St., Cape Coral. Hosted

by Pro Bono Committee. Chair: Leilani Martinez, Esq.

General Civil and Business Litigation Meeting

November 16

Appellate Law Practice Section Brown Bag Meeting

Noon – 1 p.m., Golden Fork Café

Noon – 1 p.m. Speaker: Second District Court of Appeal Clerk Mary Beth Kuenzel. Topic: E-Filing: Navigating the Ins and Outs and Protecting Confidentiality. CLE application pending

November 5

December 9

November 4

Young Lawyers Division Meeting

Lee County Bar Association's Family Bar-B-Q

Criminal Law Practice Section Meeting Noon – 1 p.m., , Larry’s Lunch Box

December 15

Smoot’s property, 6250 Jackson Rd., Fort Myers

Criminal Law Practice Section Holiday Social

5:30 p.m., location TBA

Visit us online at leebar.org to see the entire LCBA Annual Calendar.

You can 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

OCTOBER 2016 | RES GESTAE

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Ethically Speaking

Defining the attorney-client relationship

A risk-management fundamental

By Henry Lee Paul, Esq. client to complain about his or her lawyer after the representation. One common type of complaint involves the client asserting that the lawyer did not fulfill the objectives and scope of representation.

This type of complaint often involves the assertion that the lawyer did not represent the client or take action on a particular matter related to the representation.

T

here are almost limitless ways by which a lawyer may be accused of wrongdoing. It seems that the practice of law grows riskier with time and the dramatic increase in the number of practicing lawyers. There are some simple risk-management procedures that may save a lawyer from the expense and aggravation of having to defend against unfounded allegations.

Although the objectives, scope and fee agreement are only required to be in writing in certain matters (such as in personal injury contingent cases), it may be well worth the effort to reduce these agreements to writing. Such written agreements will not only help avoid misunderstanding by the client, it may save the lawyer from later allegations of wrongdoing.

It is not uncommon for an unhappy

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RES GESTAE | OCTOBER 2016

Unless the objectives and scope of representation are clearly stated in writing, this type of allegation can result in a protracted dispute involving evaluation of the credibility of the lawyer versus the credibility of the client. This evaluation can be influenced by the fact that both Rule 4-1.2 (Objectives and Scope of Representation) and Rule 4-1.4 (Communication) put the burden on the lawyer to effectively communicate regarding the objective and scope of representation.

This requirement of communication also includes the obligation for the lawyer to consult with the client about the means by which the client objectives are to be pursued. This often involves consultation and agreement on costs to be incurred.

It should be noted that when there is a limitation of the objectives of scope of representation, Rule 4-1.2(c) requires informed consent in writing. This rule was adopted primarily to allow limited representation in family law matters.

The purpose was to expand availability of legal services for a limited purpose.

Lawyers should be aware that this rule has been alleged to be more expansive than intended.

In a busy practice, it may be a burden to put many of client communications in writing. It can also be a burden on the client, in an hourly case, to pay for such communications. In the event a lawyer does not put communications about the objectives, scope or means in writing, it is advisable to, at least, make notes or a memorandum to file of a conversation.

Another helpful precaution is to make thorough notations in billing records.

Even in cases such as plaintiff’s personal injury cases, keeping detailed time records can be an effective method to protect a lawyer from allegations of misconduct based on lack of communication.

I have seen too many instances when a lawyer has been accused of misconduct and became embroiled in defending a discipline or malpractice matter, while lamenting, “If I only had put it writing.” 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. Paul is also an ex officio member of the Supreme Court Commission on Professionalism and a member of Board of Governors Standing Committee on Professionalism.

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RPPTL Practice Section

A BRIEF PRIMER ON FIDUCIARY CONVEYANCES OF REAL PROPERTY

By D. Hugh Kinsey, Jr., Esq.

T

his short overview of fiduciary conveyances is not intended to be an exhaustive treatise on the topic.

It is hoped by the author that recognition of the issues presented herein will assist the practitioner in avoiding title problems that can arise long after the conveyance is completed.

to establish the continued existence of the trust, the trustee’s identity, and the trustee’s authority to convey trust property; relevant portions of the trust should be recorded with the certificate if the trustee who obtained title in the deed into the trust is deceased, has resigned or has been replaced.

Conveyances by personal representative of decedent’s estate

Conveyances by trustees should be accomplished using a “trustee’s deed.”

The PR has no authority to sell real property without either a power of sale in the last will or a court order authorizing the sale.

Conveyances by guardians

If the power of sale contains restrictions, if the grantee is the PR or a related party, or if the decedent was intestate, a court order is required to pass marketable title.

Generally, the decedent’s protected homestead property may not be conveyed by the PR. Distribution to a beneficiary may be evidenced by a “PR’s Release and Certificate of Distribution of Real Property;” conveyances to third parties should be accomplished by using a “PR’s deed.”

Conveyances by trustees of express trusts An express trust of real property can only be created by will or other writing validly executed by the settlor.

The trustee’s statutory powers include the power to dispose of real property; however, if there is an express limitation of that power in the trust instrument, or if the sale would create a conflict of interest for the trustee, a court order should be obtained.

A “Certificate of Trust” should be recorded

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Natural guardians (parents) may deal in real property on behalf of a minor if the amount received does not exceed $15,000; otherwise court appointment is necessary.

It must be first determined if the right to convey real property has been delegated to the guardian or retained by an incapacitated ward.

An order from the guardianship court must be obtained which authorizes the sale, describes the property and sets the price and terms of the sale; the court order must be recorded.

The grantor in a deed from a guardian should be “Fred Fiduciary, as Guardian of the property of Wallace Ward, an incapacitated person;” the grantee in a deed to an incapacitated person should be to the ward directly, not to the guardian.

Conveyances by attorney-in-fact Florida Powers of Attorney must be executed in compliance with Florida law existing at the time of its execution; out-of-state POAs not executed in conformance with Florida law are valid if executed in compliance with the law

of the state of execution on the date executed (this may require an opinion of counsel from that state).

The POA must be recorded.

The correct method of execution is for the attorney-in-fact to sign the principal’s name as follows: “Paul Principal, by Fred Fiduciary, his Attorney-in-Fact.” (Yes, the attorney-in-fact must write all of that on the signature line!)

As the attorney-in-fact is not signing his own name, the notary acknowledgement should read: “The foregoing instrument was acknowledged before me this _____ day of October, 2016, by Fred Fiduciary, as Attorney-in-Fact for Paul Principal.”

An attorney-in-fact cannot self-deal in the property of the principal unless the POA expressly so provides.

The POA is terminated by the death of the principal.

Finally, if in doubt as to any aspect of a fiduciary conveyance, consult with a qualified real estate practitioner. RG

Hugh Kinsey is a partner with Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. His practice focuses on real estate, estate planning, trust and estate administration, guardianship and related civil litigation.

He may be reached at (239)3341141 or kinsey@sbshlaw.com.

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Congratulations to

The Honorable Geoffrey H. Gentile on his Appointment as Circuit Court Judge The law firm of Boyle & Leonard, P.A. would like to give a heartfelt congratulations to the Honorable Geoffrey H. Gentile on his appointment by Governor Rick Scott, as Circuit Court Judge, to the Twentieth Judicial Circuit. Judge Gentile’s years of practice and experience as a civil trial attorney will serve him well in his new position as a judge in the Unified Family Court Docket in and for Collier County.

From all of the staff and attorneys at Boyle & Leonard, P.A., we thank Judge Gentile for his years of dedication to the firm and congratulate him on receiving this appointment and accepting the responsibility to serve the public and the judicial system for the Twentieth Judicial Circuit.

OCTOBER 2016 | RES GESTAE

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Legal Lens

John Mills, Hon. Devin George, Hon. Archie Hayward

John Webb, Alina xx, Gonzalez-Dockery xx

Austin Turner, Dan Endrizal

LCBA Luncheon At the Aug. 19 General Membership Luncheon, attorney and author John Mills discussed the process of writing his most recent novel, “The Hooker, the Dancer, and the Nun,” which is set on Pine Island.

Nirupa Netram, Jeanne Sweeney

Leilani Martinez, Hon. Josephine Gagliardi

Hon. Jack Weiss, Read Sawczyn

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Photo credit: Jim Jett Photography

Paula Mills, Kim Arnett

Hon. Ramiro Mañalich, Hon. John Carlin

Cynthia Duff, Jess Levins

Kristalyn Loson, Spencer Cordell, Shannon Puopolo

Scott Atwood, Steven Koeppell

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ALA supports administrators and firms Resources and networking for the professionals who keep your practice running

Courtesy the Association of Legal Administrators Southwest Florida Chapter

S

ince 1971, the Association of Legal Administrators (ALA) has provided support to professionals involved in the management of law firms, corporate legal departments and government legal agencies. Its membership consists of over 9,300 legal management professionals world-wide and provides products, services, expert guidance and resources to its members, including its

well-known Certified Legal Manager program.

The local Southwest Florida Chapter, chartered in 1987, holds monthly meetings throughout the region and will celebrate its thirtieth anniversary next year. The effective leadership of the Chapter has been recognized by ALA’s President’s Award.

One of the primary membership benefits of ALA is resource and

information sharing. Staying up to date and managing changes in the industry is a very important part of the office administrator’s position. ALA provides timely programs targeted to meet the needs of members and their firms. Representatives from the County Clerk’s office spoke at an ALA meeting and addressed e-filing and e-service prior to its implementation.

Other topics have included Florida

Bridgett S. Ashford, Leann Miljus, Julie Koenig-Hill, Susan Galbraith, and Suzanne Graham

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RES GESTAE | OCTOBER 2016

Trust Accounting, privacy and confidentiality, insurance, best practices, human resources, purchasing, and technology updates.

Suzanne Graham, SWFL Chapter vice president—Collier County, said, “ALA is a wonderful resource of information, ideas, and comradery.”

Bridgett Ashford, secretary of the SWFL Chapter, said, “I have great support from the firm to participate in ALA. As a group, we hope that providing more information will give attorneys and firms a better idea what ALA can do for their offices.”

ALA also offers networking opportunities for its members.

According to SWFL Chapter President Julie Koenig-Hill, “This is a very service-driven industry. We solve problems and provide assistance—it’s what we do all day, every day, and the shared knowledge is a great resource to us individually and to our firms.”

In today’s changing business

environment, an office administrator is a must-have for firms of all sizes. The position requires sound judgement, significant multi-taking capabilities, and the ability to meet the needs of many types of people. Office administrators touch almost all areas of a law firm, from human resources to marketing, to technology, facilities, risk management, records, purchasing and accounting and finance.

SWFL Chapter Treasurer Leann Miljus said, “During a weather crisis, for example, the legal administrator is the one who needs to make sure the business continuity plan is in place, communicating with all employees, building management and other firm offices, and working with firm management to make decisions about next steps. Most attorneys value the role of the legal administrator in dealing with staff or personnel issues, handling facilities or computer issues, changing coffee vendors, or any of the

other details we handle.”

According to Susan Galbraith, SWFL Chapter vice president—Lee County, “Sole practitioners and small firms are usually managed by one of their attorneys. When his or her practice becomes affected by having to deal with the tasks of managing the office, it is time to consider creating an administrator position.”

The SWFL Chapter is sponsoring its annual educational seminar and breakfast on Oct. 19 at the Embassy Suites in Estero. It is open to all legal personnel including attorneys, paralegals and administrative staff.

For more information, please contact Leann Miljus at Leann.Miljus@quarles. com.

For more information on ALA, please contact Julie Koenig-Hill at jkoenighill@hahnlaw.com. RG

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Congratulations!

Inclusion in Best Lawyers is based on an exhaustive and rigorous peer-review survey composed of more than 5 million confidential evaluations by top attorneys. Congratulations to all who have who have been included in the Best Lawyers in America for 2017, including the following from our member firms:

Goldstein, Buckley, Cechman, Rice & Purtz, P.A.

Beth T. Vogelsang, Family Law 2017 Family Law Lawyer of the Year in Fort Myers

Hahn Loeser & Parks LLP

Guy E. Whitesman, Business Organizations, Closely Held Companies and Family Businesses Law, Corporate Law, Non-Profit/ Charities Law, Tax Law and Trust and Estate Law 2017 Corporate Law Lawyer of the Year in Fort Myers

J. Jeffrey Rice

Jeffrey M. Folkman, Employee Benefits (ERISA) Law, Tax Law Andrew J. Krause, Trusts and Estates Jeanne L. Seewald, Administrative / Regulatory Law, Copyright Law, Litigation - Intellectual Property, Mergers and Acquisitions Law, Trademark Law

Lile & Hayes, PLLC

Laird A. Lile, Trust and Estate Law

Pavese Law Firm

Theodore L. Tripp, Jr., Bet-the-Company Litigation, Commercial Litigation, Litigation - Real Estate, Litigation - Trusts and Estates

Christopher Shields, Real Estate Law

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

Roetzel & Andress

Charles Basinait, Environmental Law, Land Use & Zoning Law

John T. Blakely, Bet-the-Company Litigation, Commercial Litigation

David L. Cook, Real Estate Law

Clayton W. Crevasse, Commercial Litigation, Litigation – Construction, and Litigation – Real Estate

Michael J. Corso, Professional Malpractice Defense Law, Personal Injury Litigation Defense David K. Fowler, Real Estate Law Thomas H. Gunderson, Real Estate Law Denis H. Noah, Real Estate Law John A. Noland, Bet-the-Company Litigation, Commercial Litigation David M. Platt, Trust and Estates Law and Trust and Estates Litigation Russell P. Schropp, Land Use & Zoning Law, Land Use & Zoning Litigation Robert C. Shearman, Commercial Litigation

Beverly Grady, Government Relations Practice, Land Use and Zoning Law, Litigation – Land Use and Zoning, and Real Estate Law Paul K. Heuerman, Real Estate Law Marc A. Huling, Commercial Litigation Kenneth A. Jones, Eminent Domain and Condemnation Law Brian V. McAvoy, Litigation - Trusts and Estates, Trusts and Estates Mark J. Price, Real Estate Law Robert D. Pritt, Government Relations Practice, Litigation - Land Use and Zoning, Municipal Law

Bruce M. Stanley Sr., Personal Injury Defense Litigation

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G. Donald Thomson, Commercial Litigation, Real Estate Litigation

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19

Legal Lens

Sheba Abraham, Karen Cook, Michael Noone, Tori Thrift, Michelle Keezel

Paul Thomas, David Seitz

David Cooley, Marisa Boysen, Hon. Ramiro Mañalich, Gregory Reám

Criminal Law Social The Criminal Law Practice Section hosted an After Hours Social at the Barrel Room on Sept. 15. Thanks to co-chairs Marisa Boysen & Stephanie Russell for planning this well attended event.

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Christopher Crowley, Ted Fitzgeorge, Kathleen Fitzgeorge, Kathryn Turner, Kathleen Smith

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Photo credit: Jim Jett Photography

Andrew Tang, Emily Tang

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A full house at the Barrel Room

Constitution Week is a success!

Thanks to all of our volunteer Speakers in the Schools for sharing their passion for America’s most important document with our next generation of citizens. Special thanks to Chair Jim O’Leary.

Scott Atwood ~ Atwood Law Firm, P.A. Asma Anwar ~ Public Defender’s Office Stephanie Bendeck ~ Office of the State Attorney Neysa Borkert ~ Lee County Attorney’s Office Karla Campos-Andersen ~ Law Office of Karla Y. Campos-Andersen P.A Jesus M. Casas ~ Office of the US Attorney Erin Casey ~ Public Defender’s Office David Ciccarello ~ Wilbur Smith Law Firm Holly Cosby ~ Law Office of Holly E. Cosby, P.A. Mary A. Cosmo ~ The Law Office of Mary Cosmo Terry Cramer ~ City of Fort Myers Attorney’s Office Ryan Downey ~ Public Defender’s Office Ryan Doyle ~ Wilbur Smith Law Firm Miguel C. Fernandez ~ Law Office of Miguel C. Fernandez III PA Judge Devin S. George ~ 20th Judicial Circuit Scot Goldberg ~ Goldberg Racila D’Alessandro & Noone LLC

Vernon Guirguis ~ Kagan Law Firm, P.L. George H. Knott ~ Knott Ebelini Hart Steve Koeppel ~ Yeslow & Koeppel P.A. Kristalyn Loson ~ City of Fort Myers Attorney’s Office Lisa Musial ~ Musial & Musial, LLC Jim O’Leary ~ Law Office of James L. O’Leary Geraldo Olivo ~ Wilbur Smith Law Firm Agnieszka B. Osowicka ~ State Attorney Stuart Pepper ~ Pepper Law Firm Alex Peterson ~ Family First Legal Group Michael Pohl ~ Patterson Eskin & Ball Richard Purtz ~ Goldstein, Buckley, Cechman, Rice & Purtz Matthew Raulerson ~ Goldstein, Buckley, Cechman, Rice & Purtz Paul A. Rocuant ~ Paul A. Rocuant, J.D., P.A. P.J. Scheiner ~ Associates & Bruce L Scheiner Laurence Smith ~ Men’s Rights Law Firm Kristianna Soto ~ Public Defender’s Office

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21

Hunting hauntings in paradise

Ghost stories illuminate Fort Myers history

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RES GESTAE | OCTOBER 2016

Photo Courtesy of April Bordeaux

By Sara Fitzpatrick Comito

W

hen this magazine provided a retrospective of the Historic Lee County Courthouse in advance of its centennial last year, part of the research involved a casual survey of relics uncovered from a 1915 time capsule, which are on permanent display on the second floor. On a different kind of fact-finding mission in advance of Halloween, Laurie from True Tours regaled LCBA members with some colorful lore surrounding the circumstances of that treasure trove’s discovery.

but leaning upright against a wall on the northeast corner of the building.

Lifting his gaze vertically along the wall from where the hammer stood, the worker spied a hole the right size and shape to have been made with the tool. Peering into the hole, the worker became the first to spy the 1915 time capsule. Be it fact or fancy,

Beguiling visions While toiling away during the $5 million courthouse renovations in 1989, according to the tour guide, a worker was approached by a man who asked to borrow his hammer.

The worker didn’t need it at the moment, and so lent it freely. Upon completing his shift, the worker wanted to be reunited with his property and asked those around him if they’d seen the man. No one had noticed anyone other than the usual crew on site that day.

The worker continued his search until he found his hammer on the floor – not carelessly abandoned,

Do you see the "face" in the bottom left corner window? Photo courtesy of Matthew Shrum, a fellow haunted tourist.

George Romero’s cult classic zombie flick, which was filmed here.

Achieving cult status As part of the opening sequence, zombies stumble out of the First National Bank doorway behind a big old alligator. Oh, Florida. While the reptile was real, the zombies were not. One was played by an extra named Bill Love. He’s an actor whose name might be lost to us if not for the studious chronicling provided by the contributors to IMDb.com (the Internet Movie Database), who

Moving orb above the entrance of the Andrew D. Gwynne Institute building. Photo courtesy of April Bordeaux

history, nonetheless has a way of asserting itself in mysterious ways.

Orbs and apparitions – those are the images you might capture if you snap photos of various points of interest along True Tours’ Haunted History Tour. Supposedly, they can be captured in photos of that big banyan out front, which one psychic determined was a “sad” tree.

Would you believe Ms. Hamilton, a long-time school headmistress, doomed to perennial spinsterhood in deference to her calling, still roams the halls of the Andrew D. Gwynne Institute (as some Lee County Schools staff who work in that building purportedly do)?

Regardless, you have to admit the place is spooky-looking, especially at night. Horror tales go part and parcel with Fort Myers history, too, because of the association with

identified him as: “Portly Bearded Denim Shirted Zombie Walking Out of First National Bank with Alligator (uncredited).”

While uncredited in the "Day of the Dead", a little internet research allows this magazine to credit the behind-the-scenes photograph that accompanies these pages. Turns out Mr. Love is a professional photographer, formerly of Alva, currently of Arizona. His wife is a herpetologist, i.e. someone who deals in reptiles, although not usually the size of the big guy in the frame on the next page.

For many years, LCBA President Scott Atwood has worked out of OCTOBER 2016 | RES GESTAE

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Other Florida-style haunts!

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Fun fall activities, including a nature walk, games, crafts and shows.

Haunted Walk “Fear is a Place” Nightly, Oct. 21 - 31. Gates open 7:30 p.m., close 9:30 p.m. (later on weekends), $10 per person, not recommended for those under 16 years of age. Volunteers needed! (239) 275-3435 for info.

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"Day of the Dead" film set. Photography courtesy of Bill (zombie on right) and Kathy Love

The First National Bank building under construction c1914, courtesy of State Archives of Florida

that beautiful First National Bank building, which has found its way onto several internet databases of haunted places. Supposedly the apparition of a man wanders the building, messing up piles of papers. No one’s saying whether the transition to E-filing has interfered with his activities. Atwood neither confirms nor denies the presence of anything the least bit spooky, except a plastic skeleton that is known to be on site.

A year after Res Gestae did its Historic Lee County Courthouse anniversary piece, a copy of that 24

RES GESTAE | OCTOBER 2016

issue sits in a time capsule alongside many other fascinating items endemic to our times. We wonder: will some mysterious apparition decide to hasten the rediscovery of those relics? Perhaps it is a tale your grandchildren will tell as they gather for photographs near that sad banyan. Whether you are a psychic, seeker, doubter or disbeliever, ghost stories provide a fantastical lens for appreciating history. And Fort Myers has some pretty fantastical history.

Believer or skeptic, scary stories are fun all year long, especially as the cooler weather brings folks around a campfire. You look like you’ve seen a ghost! Tell us about it at resgestae@leebar. org. RG

Take a fun hayride, be a part of the parade, enjoy treats and compete in the costume contest at the Historic Settlement of Koreshan Unity! Fun for families and children 12 and under.

OCHOPEE HALLOWEEN MUCK-ABOUTS Hourly tours, 9 a.m. – 2 p.m. Oct. 29 and 30, Clyde Butcher Big Cypress Gallery, $50 adults, kids free with paid adults, clydebutcher.com Ranger-led swamp walks, proceeds to benefit Big Cypress National Preserve Educational Dept. Meet Clyde Butcher, exhibiting for the first time all of his photographs of 33 National Parks over the past 50 years.

Photo below: members and friends of the LCBA go ghost hunting on the Haunted History Tour in downtown Fort Myers. Photo courtesy of Connie Ramos-Williams

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A firm like family

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is a vibrant and established law firm that represents individual and business policyholders in all types of insurance recovery. The firm advocates for the rights of policyholders in claims presentation, litigation, and on appeal.

Construction matters also fall within the firm’s scope.

As a multidisciplinary practice area, insurance adds an interesting dynamic to each day. The attorneys are able to provide legal advice and advocacy in a variety of complex insurance-related matters. “Each day is different, revealing something new and unique. Some days the firm is handling construction defects, while other days the firm is managing real estate matters,” said Managing Partner Michael Leonard.

Since insurance is involved in everything, clients range from the average person with legal needs to publicly traded corporate entities. Generally, anytime contractual obligations must be upheld, clients contact Boyle & Leonard to assist with the situation.

Associate Attorney Molly Chafe Brockmeyer attested, “We try to go above and beyond for all of our clients.

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Often times they’re in extremely difficult and detrimental positions because their insurance company has failed to abide by contractual obligations. Clients come to us as a last resort in order to get the help they need against insurance companies and resolve the matter as a whole.”

Boyle & Leonard can list numerous interesting case studies that highlight

explained, “but we were able to change the law in Florida regarding coverage for construction defects.”

Boyle & Leonard was recently able to help a widow recover proceeds from an insurance company that had failed to act in the best interest of its insured. What began as a bad faith case resulted in a better standard of living for the client than she had enjoyed before. Said Leonard, “Our client was able to buy necessities like glasses, hearing aids, and even a new home. We’re particularly proud of helping the ‘little guy’ against the insurance giants and helping people who desperately need our help.”

The company culture encourages a relaxed environment where its team members are close like family – often celebrating birthdays and special occasions. They regularly participate in the Giving Tree campaign and the Adopt a Family Holiday program. Furthermore, the firm participates in pro bono work for clients who need assistance but are unable to pay for services. To learn more, visit Insurance-Counsel.com. RG

the impact of its advocacy, including the seminal Florida Supreme Court case regarding the scope of coverage under a commercial general liability policy for defective construction. “Not only did we help our client get insurance recovery and save his business,” Managing Partner Mark Boyle

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Legal Lens

LCAWL Happy Hour On Aug. 24, the Lee County Association of Women Lawyers held its membership kick off event at the Barrel Room, where the big raffle prize was an LCAWL membership (oh, and some diamond and pearl earrings).

Photo credit: Jim Jett Photography

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RES GESTAE | OCTOBER 2016

Grant Alley honored by The Florida Bar Fort Myers City Attorney Grant Alley is a humble guy, so you may not have heard that he was presented the prestigious Paul S. Buchman Award earlier this year. The City, County and Local Government Section of The Florida Bar, for which Alley served as chair from 2008-2009, presented the award “for his outstanding contribution in the area of legal public service.”

Moriarty doing the honors. Now North Port City Attorney, Moriarty served Fort Myers for 25 years under Alley, and followed in his footsteps to chair the City, County & Local Government Section for 2015-2016. RG

Presented on a peer-review basis, the award is a richly deserved honor, as his local peers will attest. Roetzel Partnerin-Charge Beverly Grady, for instance, said, “This recognition

by Grant’s peers is a pinnacle honor and achievement. It confirms what his Lee County colleagues already know about his dedication to the community.”

The award was named for Plant City City Attorney Paul S. Buchman, who served continuously in that capacity for 42 years until his death 25 years ago. He was the first chair of the section that now bestows the honor on one individual every year, and which boasts more than 1,200 members statewide.

The presentation of the award was a surprise made even more meaningful by former Assistant City Attorney Mark

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The Dish

I

right here in Lee County, and some ties that feel more familial than nefarious, head on over to Chicago need not go so far as the Green Mill, Boys and say, “How ya doin’?” the famous Al Capone hideout, or as Soon enough Tony and Carlo Benza far back in history as Prohibition. For will make you feel like family. And especially in an Italian family, no one a delicious taste of the windy city leaves hungry.

t’s good to have Chicago connections. To get them, one

The brothers opened the 5,000-squarefoot bar and grill this past new year’s day next to the Edison 8 Cinema.

Since then, it’s become a hub for hanging out, watching a big game, taking in a musical act, and even occasional lawnmower racing in the parking lot. Tony comes to us from the sales floor of 30

RES GESTAE | OCTOBER 2016

Six Bends Harley Davidson – bikers will delight in designated parking spots close to the front entrance.

The menu features the unapologetically messy Chicago beef sandwich, which I ordered with the homemade sweet peppers, provolone and a giardiniera that’s shipped in straight from Chitown. Dubbed “Chicago’s favorite condiment,” this mélange is more finely chopped and far less vinegary than the museum-quality cauliflower mix on display at local grocers. While I understand it’s customary up north to order the sandwich “dipped,” the Benzas serve it with the beef jus on the side, perhaps in deference to us dainty Floridians who may hail originally from more-Puritanical regions. Regardless, you’ll want to dip that thing. That’s what napkins are for.

All sandwiches come with crispy fries or tots. They include a sweet Italian sausage sub, a sausageand-beef combo, a family-recipe

meatball and grilled chicken. Quesadillas, wings and appetizers like pizza bread, mozzarella sticks, jalapeno poppers and fried zucchini or mushrooms are good accompaniments to the nice array of beers and a specialty cocktail menu.

They’re also fresher and far less oily than similar fare at many neighborhood or chain taverns.

The phrase How ya doin’? can be a friendly greeting, a sober assessment, an invitation or an unsolicited solicitation. At Chicago Boys, it’s an acknowledgement of expectations.

“You come here, you give respect, you get respect,” said Tony. As his parents may have encountered when they immigrated from Sicily,

Chicago Boys is a melting pot.

People of all walks of life gather and have a good time. The philosophy is reflected, too, in the servers’ cheerfulness and willing attitude.

That vibe is what drew my husband and me back to the place for latenight appetizers and a cold beer the night our air conditioning

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decided to fail in a spectacular manner. Not only were we temporarily able to escape the heat and frustration on that sultry Southwest Florida evening in September, but Tony offered us the phone number of a “guy.”

This skilled tradesman responded quickly, diagnosed the problem (pretty much everything, for our 1957 home), helped us locate the parts on our own, and assisted Mr. Comito in installing the system for much less cash than we otherwise would have spent. Now we have more cash in hand for some wings and beer.

How’s that for connections? RG

Sara Fitzpatrick Comito is the Communications Editor for CONRIC PR & Marketing and associate editor of Res Gestae magazine.

For suggestions and comments on this regular feature, contact Sara at Sara@ConricPR.com.

OCTOBER 2016 | RES GESTAE

31

On the Bench Hon. Samuel J. Salario, Jr. During a joint brown bag meeting presented by the LCBA Appellate Law and Solo and Small Practice Sections on Oct. 7, Judge Samuel Salario will deliver a talk titled “An Insider’s Look at the Second District Court of Appeal.” Attendees will enjoy an unprecedented view from the appellate bench, plus an overview of a theory the judge wishes to advance: “We as judges in the courts and the lawyers who appear before us have a symbiotic relationship.”

It sounds like common sense, especially when delivered in Judge Salario’s characteristically humble style. “Bear in mind I’ve only been doing this for a year and a half now,” he reminds us.

When Judge Salario travels from Lakeland, it’s not a descent from an ivory tower. He likes to get out and about, and was seen in Lee County as recently as April when he and his colleagues presented a Q&A session for area students before oral arguments as part of Law Week activities. The judge said, “We go all over the geographic footprint of the district talking to students from middle school all the way up to law school. I’m kind of impressed by how interested they are in what we do.” At the brown bag, folks can expect real talk about the court’s workload, and helpful advice about presenting quality advocacy to secure the best possible outcome for clients.

The judge was appointed to the DCA in November of 2014. It’s an apex of the trajectory that began when, freshly out of the University of Florida College of Law, he clerked for the Hon. Wm. Terrell Hodges of the Middle District of Florida, now a senior judge in the Ocala Division. It was a humbling privilege to learn from a man widely considered one of the best trial judges in the country.

“This is somebody who has a sincere love of the law, who is dedicated to serving the law fairly and without favor, and who has an incredible work ethic.”

The senior Samuel Salario immigrated to Tampa from Palermo, Sicily in the 1930s. Judge Salario would love to take his two boys, 13 and 9, to tour the old country someday.

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Leland E. Garvin

Vote for Smart Investment Moves The presidential election is little more than a month away. As a citizen, you may be following it closely. But as an investor, should you be concerned about the outcome?

Actually, the financial markets have done well – and done poorly – under both Democratic and Republican administrations. Also, many factors affecting investment performance have little or nothing to do with the occupant of the White House.

So, instead of making investment decisions based on election results, stick with investment strategies. For example, always try to diversify. Spreading your money across a range of investments can help reduce the impact of a downturn hitting just one asset class. Be aware, though, that diversification can’t guarantee profits or protect against all losses.

Here’s another strategy: Stay invested, even during downturns. If you jump out of the market, you could miss out on the next rally.

Finally, avoid chasing “hot” stocks. They may not be so hot by the time you hear about them, and, in any case, they might be unsuitable for your needs.

Keep voting for solid investment moves – that’s a winning choice.

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From the Bar Stephanie S. Hoffman, Esq. Stephanie Hoffman worked as a prosecutor for six years. In fact, she got more time in than that at the State Attorney’s Office in Lee County, starting as a certified legal intern in her second year at the University of Miami School of Law. This early immersion made up for her last-minute decision to go to law school in her senior year as a political science major at Kenyon College in Ohio. Working under the managing attorneys as a CLI, Hoffman performed many of the functions of a prosecuting attorney – taking in cases and deciding whether to prosecute and even trying cases in front of juries. By the time she passed the bar in 2006, she had already developed skills that would serve her well into the future.

In 2012 she joined the very large Florida firm Conroy Simberg. Three months ago, she joined the Law Office of Julie Lewis Hauf as a partner, where she defends insurance companies, with a focus on personal injury protection (PIP) cases. It’s a much smaller firm, which allows it to be nimble. She said, “If we decide to change the way we handle business, we can do it with a few emails and phone calls. In the bigger firms, there’s such a corporate mindset, it takes years to change anything.” Hoffman enjoys greater discretion over how she handles cases, and has the flexibility to sometimes work from home – a great perk for a mom of two young children.

Going from the State Attorney’s Office to private practice and the civil litigation arena may seem like an about-face. Hoffman doesn’t see it that way. “It’s kind of a continuation of my prosecutor days because I get to protect the benefits of the insureds, especially when doctors overcharge, over-treat, or commit straight up fraud.” She relishes ferreting out blatant fraud most of all.

Hoffman coaches an Odyssey of the Mind team for Edison Park Elementary, is vice president of the board for Gladiolus Learning and Development Center in Harlem Heights and serves on the endowment committee for Unitarian Universalist Church of Fort Myers, where she also teaches Sunday school classes. When she has time, she likes playing Dungeons and Dragons.

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hal Eskin, Dixie Lee Ball or Janice Meredith at (239) 549-5551 or Email jsmere@comcast.net

The friendly attorneys you can talk to...™ OCTOBER 2016 | RES GESTAE

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From the Bar William deForest Thompson, Jr., Esq. One of Bill Thompson’s favorite quotes comes from papers found among Abraham Lincoln’s personal effects, dated 1860 – the year before he assumed the mantle of our nation’s sixteenth president: If in your own judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer. Thompson’s early career development is chronicled in a series of blog posts on his website titled “Why I’m a Trial Lawyer.” Besides Lincoln, the figures that consistently show up through the series are his father William DeForest Thompson, along with the eponymous senior’s brother, Uncle Reed.

Reed encouraged the junior William to make the practice of law his own, while the example of William Sr. dazzled with his fierce attentiveness to cases and more than a few memorable theatrics. Now Bill Thompson is a mentor to a young man at his own office, which recently relocated to 2030 McGregor Boulevard. Thompson has continued the family tradition of taking on medical malpractice, wrongful death, serious automobile accidents, product liability, business and commercial litigation and other complex cases.

For Thompson, living up to Lincoln’s admonition starts with turning away most of his clients so he can throw the full complement of his firms’ resources at the cases he does accept. It’s what his dad would have done. “He took a lot of risks, and he took a lot of rewards,” Thompson said. “It used to be you could make your name that way. It’s not so much that way anymore.” Regardless, he characterizes his practice as an old-fashioned model – one that succeeds with the help of a lot of modern technology.

A complex case can require detailed research into the way a revolutionary surgical procedure is performed or the mechanics involved with a hydraulic winch on a truck. Technology facilitates the level of expertise needed to determine whether to pursue such a case, helps the client understand the investigation and saves a lot of time, expense and missed turns when preparing for trial. One old fashioned principle that Thompson keeps fresh is that his first job is to help people, most of whom lack abundant financial resources. “Terrible things happen to ordinary people,” he said.

McHale, P.A.

• Expert Witness Testimony • Forensic Accounting • Litigation Support • Bankruptcy Matters • Receiverships • Distressed Business

Management

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“It Ain’t Over ‘Til It’s Over” - Lawrence Peter Berra

The appellate forum is very different from the trial forum. An appellate litigant is at an advantage when represented by an experienced appellate advocate, one who has dedicated her/his entire career to understanding the complexities of appellate practice and its unique requirements. Appellate rules and effective strategies on appeal are very different from those used at the trial level.

If your case is or should be moving into the appellate arena, call in an expert: Gerald W. Pierce.

Gerald W. Pierce, B.C.S. (239) 461-0082 • Gerald@geraldpierce.com • Board Certified in Appellate Practice since 1994 (The only Board Certified Appellate Practitioner in Lee County)

• AV Preeminent Rated® for more than 20 years • 40th year as an appellate lawyer in SW Florida

23 years serving the legal community in the 20th Judicial Circuit • • • •

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Our knowledgeable and experienced court reporters have a well deserved reputation for excellence in providing timely, accurate and cost-effective transcripts for your clients.

2180 W. First Street, Suite 120 Fort Myers, FL 33901

239-334-1411 239-334-1476 (fax) scheduling@fmcr-ncr.com FMCR-NCR.com

OCTOBER 2016 | RES GESTAE

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Absolute Law Aloia Roland & Lubell, LLP Arend & Sisk, P.A. Associates and Bruce L. Scheiner, P.A. Bergermann Law Firm Bonita Springs City Attorney’s Office Boyle & Leonard, P.A. Burandt, Adamski & Feichthaler Buchanan Ingersoll & Rooney PC Calvo & Calvo Coleman & Coleman Cole, Scott & Kissane, P.A. Cole Scott & Kissane, P.A., Bonita Springs Office DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A. Florida Rural Legal Services Fort Myers City Attorney’s Office Fried & Fried, P.A. Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg, Racila, D’Alessandro & Noone, LLC

Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Green, Schoenfeld & Kyle, LLP Grossman Law & Conflict Management Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A. John Webb Legal Group, P.L The Law Offices of Kevin F. Jursinski, P.A. Knott Ebelini Hart Kuhn Law Firm, PA Kushner & Kushner Lee County Legal Aid Society, Inc. Levins & Associates, LLC Maughan Law Group McNamara Legal Services, P.A. McQuagge Law Firm Men’s Rights Law Firm North Law Firm, P.A. O’Halloran & O’Halloran, Attorneys at Law Osterhout & McKinney, P.A. Parvey & Frankel Attorneys, PA

Prather and Swank, P.A. Patrone & Kemp, PA Pavese Law Firm Robert Harris Law Firm Roetzel & Andress, L.P.A. Roppo Molandes, PLLC Rubinstein, Holz & King, P.A Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Simmons Law Firm, P.A. Spivey Law Firm, Personal Injury Attorneys P.A. Steinberg & Linn, P.A. Strayhorn and Persons, P.L. Toll Law Vernis & Bowling of Southwest Florida, P.A. Viacava & Cantor Attorneys at Law Viles & Beckman, LLC Webb & Scarmozzino, P.A. Weldon & Rothman, P.L. The Wilbur Smith Law Firm, PLLC Yeslow & Koeppel, P.A.

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.

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OCTOBER 2016 | RES GESTAE

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In The News Laird A. Lile of Lile & Hayes, PLLC in Naples has been appointed by Chief Justice Jorge Labarga of the Florida Supreme Court to a four-year term on the Judicial Management Council. The JMC is a focused advisory board that helps the Supreme Court identify potential crisis situations affecting the judicial branch and develop a response strategy; evaluate opportunities to improve the effectiveness of the judicial branch; develop and monitor long-range planning; and review the various court and Florida Bar commissions and committees to recommend consolidation or revision. Lile is serving his sixth term as an elected member of the Board of Governors for The Florida Bar. He serves on the Supreme Court’s Florida Courts Technology Commission and is the chair of the Second District Court of Appeal Nominating Commission.

William deForest Thompson Jr. LLC, a solo practitioner law firm providing advocacy in serious personal injury and complex cases, has relocated its office to 2030 McGregor Boulevard in Fort Myers, which also houses Goede, Adamczyk, DeBoest & Cross, PLLC. The office is within easy walking distance to downtown and the Justice Center, and provides better parking and discretion for clients, plus optimal conference room space for client meetings and conferences. Concurrently with the relocation, the firm has launched a new website at www.thethompsonlawfirm.net.

In practice since 1995, Attorney Bill Thompson, Jr. advocates on behalf of his clients in cases including medical malpractice, wrongful death, automobile accidents, product liability, insurance and bad faith, and nursing home abuse.

Mary Beth Crawford has been named principal-in-charge of Cummings & Lockwood’s Bonita Springs office. Crawford joined the firm in 1998, became a principal in 2006, and brings 18 years of experience in trusts and estates law. She focuses her practice in the firm’s Private Clients Group on estate planning, tax planning and probate and trust administration.

Crawford serves on the board of directors of Angels Undercover of Collier County, Inc. and is chair of the David Lawrence Center & Foundation Planned Giving Committee. She is a member of the Membership Committee at the Speakers Assembly of Southwest Florida and the Planned Giving Committee of the Terraces Foundation, and was involved in Leadership Bonita, Class of 2004.

Pavese Law Firm partner Neale Montgomery has been selected as a 2016-2017 regional council member for Leadership Florida, a nonprofit organization dedicated to educating, inspiring and engaging Florida leaders to better serve the state. She will serve a one-year term, during which she will be engaged in communicating and promoting Leadership Florida activities, recruiting, building alliances and translating statewide priorities into regional action.

Montgomery focuses her practice primarily in the areas of real estate and environmental and permitting issues related to the development of land before local, regional and state governments in the five-county area.

Jamie B. Schwinghamer, a partner in the Naples office of Hahn Loeser & Parks LLP, has been accepted into the Florida Fellows Institute of the American College of Trust and Estate Counsel (ACTEC). Students of the institute attend a series of instructive sessions taught by leading professionals in the trusts and estates field. Only ACTEC Fellows may nominate candidates for the institute. The Florida Fellows Institute (composed of Florida ACTEC Fellows) then reviews applications and selects participants for this intensive program.

Schwinghamer concentrates her practice in the areas of probate, trust, guardianship and complex commercial litigation in matters including will and trust contests, surcharge and removal, real estate and construction contracts, business torts and partnership disputes.

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In The News Nicole L. Goetz, P.L. in Naples has announced that founding attorney Nicole Goetz has been elected as chair-elect of the Family Law Section of The Florida Bar. She will also serve as chair of the Long Range Planning Committee for the Family Law Section of the Florida Bar for 2016 - 2017.

A practicing attorney for almost two decades, Goetz limits her practice exclusively to Marital and Family Law at the trial and appellate levels. She has received multiple awards for her work with and active involvement in the Family Law Section of The Florida Bar.

Christina O’Brien of Henderson, Franklin, Starnes & Holt, P.A., has been elected to the Lee County Coalition for a Drug-Free Southwest Florida board of directors. Since its founding in 1989 by Jim Nathan, Sheriff Mike Scott and a group of local leaders, the coalition has worked to provide prevention resources to families in Lee County.

O’Brien concentrates her family law practice in matters of divorce and dissolution of marriage, custody, paternity, child support, domestic violence injunctions, post-judgment modifications and dependency issues. She also serves on the board for the Lee County Legal Aid Society and is a member of the Association of Family Law Professionals. She is also active volunteering for the Fort Myers American Little League.

Charles Whittington, an associate with Grant Fridkin Pearson in Naples, has been elected treasurer of the Young Lawyers Section of the Collier County Bar Association for the 2016-2017 term. The Young Lawyers Section is a subsection of the Collier County Bar Association. Throughout its program year, the Young Lawyers Section supports local charitable and community activities and hosts annual events to provide educational and networking opportunities for its members.

Whittington has been practicing law in Southwest Florida since 2011. He is a member of the fullservice firm’s business and real estate services groups.

Attorney Jennifer Lynne Fisher has joined Strayhorn & Persons P.L. She has more than a decade of working experience in the legal field. She graduated at the top of her class from Ave Maria School of Law and was admitted to The Florida Bar in 2015. Originally from Red River, New Mexico, Fisher moved to Fort Myers in 2005 after graduating magna cum laude from Biola University in Los Angeles with a B.A. in communications studies. Prior to obtaining her law degree, she worked as a paralegal in real estate, probate litigation and estate planning, and assisted with foreclosure litigation, eminent domain, land trusts and real estate transactions. At Ave Maria, she served as senior editor of the Law Review and participated in externships including working for U.S. Magistrate Judge Douglas N. Frazier.

Matthew A. Linde has been designated a Certified Elder Law Attorney (CELA) by the National Elder Law Foundation (NELF). NELF is the only organization approved by the American Bar Association to offer national certification in elder law. Certification in elder law, one of the fastest growing fields in the legal profession, provides a measure of assurance to the public that the attorney has an in-depth working knowledge of the legal issues that impact the elderly.

Linde is also Board Certified by The Florida Bar in Elder Law and in Wills, Trusts and Estates. Linde focuses his practice on probate and trust litigation, estate planning, guardianship and elder law including long-term care planning.

OCTOBER 2016 | RES GESTAE

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

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

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2050 McGregor Boulevard • Fort Myers, FL 33901 Ph: 239-337-1303 • Fax: 239-337-7674 42

Michael W. Leonard, Esq.

RES GESTAE | OCTOBER 2016

309 S. Fielding Avenue • Tampa, FL 33606 Ph: 813-254-1122

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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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