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

SIDNEY & BERNE DAVIS ART CENTER An architectural marvel comes of age alongside the LCBA

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

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Contents Cover: April Bordeaux (color modification of B&W photonegative of a postcard courtesy of State Archives of Florida) Photo (left): Courtesy of Sidney & Berne Davis Art Center

20 features 16 Designate an Inventory Attorney Protect your clients, files and accounts by Chardean Hill, Esq.

20 Sidney & Berne Davis

Art Center An architectural marvel comes of age alongside the LCBA by Sara Fitzpatrick Comito

departments 6 Letter from the President

by Scott Atwood, Esq.

Calendar of Events

Bench/Bar Gala

25 Congratulations

Scott Atwood

26 Advertiser Spotlight

Leslea Ellis, LLC

10 Ethically Speaking

28 Legal Lens

12 RPPTL Practice Section

30 The Dish

by Henry Lee Paul, Esq.

Civil procedure can be the probate lawyer's best friend by Marve Ann M. Alaimo

14 Board Certified Listing Part 2

YLD Barrel Room Social Fishing with Friends Survey Café

32 On the Bench

Honorable Zachary Gill

17 New Members

34 From the Bar

18 Legal Lens

35 100 Club

YLD Holidays in July

Roberta Kushner, Esq.

19 Member-at-large

36 From the Bar

24 Answer the Call

38 In the News

Call for nominations

Celebrate the Constitution - Become a Speaker in the Schools

RES GESTAE | SEPTEMBER 2016

Blake Hampton, Esq. News and Happenings

AD DIRECTORY Barbara Pizzolato 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 Denise Wheeler Dial A Nurse Inc. Donna Tisch Edison National Bank Endeavor Workspaces Experience Real Estate Group, LLC Fort Myers Court Reporting Garvin Law Firm Gerald W. Pierce, B.C.S. Get Smart Bail Bonds Geraghty Mediation Gianni A. Consiglio Attorney at Law Henderson, Franklin, Starnes & Holt, P.A. Joe Viacava Law Kempton P. Logan Kushner & Kushner Attorneys Law Firm of Scott T. Moorey Law Offices of David L. Orosz Lee County Legal Aid Society 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. Patterson Eskin & Ball Space For Rent Spivey Law Firm, P.A. Veranda Restaurant Vantage Construction Services Von Ahn & Associates Webb & Scarmozino William DeForest Thompson Jr., LLC

36 IFC 29 17 32 36 37 25 11 17 35 29 BC 11 11 34 15 7 37 13 17 25 IBC 35 26 14 33 19 27 19 34 13 13 15 27 27 3 26 26 5 33 12 24 33 7

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, David Seitz at info@ leebar.org or admin@leebar.org or (239) 334-0047.

Maximum Referral Fees Paid

SPIVEY AD

Letter from the President As I write this note, the kids have returned to school and the YLD has completed its new “Tryathlon” program with the Children’s Network. I had the pleasure of attending all three of the well-attended events, and I can say with great pride that YLD President Tom Coleman and his executive board deserve a ton of credit for turning an idea that earned “Most Creative Project” honors from The Florida Bar into a reality. And that reality made the lives of dozens of foster children a bit fuller. I’ve been thinking about kids a lot recently. I’ve been lucky to have had a number of successes in life, but was reflecting on the fact that I consider raising my two girls the most important thing I’ve ever done. My kids have weathered a divorce, but through tenacious co-parenting, they seem to have turned out pretty OK (well, awesome, but don’t want to brag). But not every kid has the support network my kids have. That’s what makes organizations such as the Children’s Network and Guardian ad Litem Foundation so vitally important to the community. Not to sound like a broken record, but they can’t really get it done without the support of people like you. And that’s why I wanted to focus on kids’ issues this year. Through your generous support, the golf tournament raised about $20,000 for the Guardian ad Litem Foundation. We completed the Tryathlon. Foster kids were treated to a mid-summer visit from Santa amidst a trip to the Imaginarium. And so on…But I urge you to assist with more than just money. This is our community, and whether we like it or not, people look to us for leadership. So many of you already give so much of your time, yet I ask that if you can find it in you to do something for a local kid (not your own), please do so. Take an hour and teach a class on the Constitution during Constitution Week in September. Take a guardian ad litem appointment. Become a Big Brother/Big Sister. Whatever you do, it will benefit that child.

Fishing with Friends

Join me at the Bench Bar Gala at Sidney & Berne Davis Arts Center on September 30, where we will be celebrating our judiciary. See you soon.

LEE COUNTY BAR ASSOCIATION ADMINISTRATION

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

RES GESTAE | SEPTEMBER 2016

TORT LITIGATION Preston John (PJ) Scheiner, Esq.

“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 SEPTEMBER 2016 | RES GESTAE

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

September 2

Young Lawyers Division Meeting Noon – 1 p.m., Twisted Vine Bistro

September 12-16

Constitution Week Speakers in the Schools

Davis Art Center. Topic: Ethical Issues in Social Media. Panelists: Hon. Michael McHugh, Hon. Elisabeth Adams and Henry Lee Paul, Esq. 1.5 CLE credit hours approved

September 22

Criminal Law Practice Section Meeting Noon – 1 p.m., Location TBA. Topic: Carrying a Concealed Handgun in Florida. CLE application pending

Chair Jim O’Leary will pair attorney volunteers with teachers who desire to have an attorney speak in their classroom. To become a volunteer, email him at jlo@jloesq.com or call (239) 947-8900.

September 29

September 14

Bench Bar Gala

General Civil & Business Litigation Practice Section Mtg

Noon – 1 p.m., Courtroom 4-H. Topic: Practice Before General Magistrates, 20th Judicial Circuit, Lee County. Panelists: Magistrates Bocelli, Swift and Perez. 1 hour CLE credit approved

September 15

Family Law Practice Section Meeting Noon – 1 p.m., Courtroom 5-C

Criminal Law Practice Section Social 5:30 p.m., The Barrel Room

September 21

Land Use & Governmental Law Practice Section Meeting Noon – 1 p.m.

September 30

7 – 10 p.m., Sidney & Berne Davis Art Center

September TBA

Real Property, Probate and Trust Law Practice Section Meeting

Noon – 1 p.m. Date and location TBA

October 7

Appellate Law and Solo & Small Practice Section Joint Meeting

September 22

LCBA General Membership Meeting Lunch and Seminar

11:30 a.m. – 1 p.m., Sidney & Berne

October 27

Land Use & Governmental Law Practice Section Meeting

Noon – 1 p.m. More information TBA

October 29

Lee County Bar Veterans and First Responders Legal Clinic

10 a.m. – 2 p.m., SW Florida Military Museum and Library, 4820 Leonard St., Cape Coral. Hosted by the Pro Bono Committee. Co-chairs: Leilani Martinez, Esq.

November 4

Young Lawyers Division Meeting Noon – 1 p.m., Golden Fork Café

November 16

Appellate Law Practice Section Brown Bag Meeting

Noon – 1 p.m.. Speaker: 2nd DCA Court Clerk, Mary Beth Kuenzel. Topic: E-Filing – Navigating the Ins and Outs and Protecting Confidentiality. Lee County Justice Center, courtroom TBA. CLE application pending

December 9

Noon – 1 p.m., Speaker: 2nd DCA Judge Samuel J. Salario, Jr., Courtroom 4B

Criminal Law Practice Section Meeting

Young Lawyers Division Meeting

December 15

Noon – 1 p.m., Square 1 Burgers

Executive Council Meeting

to place your order. Phone: 239-2084035, fax: 239-208-4278

October 14

Noon – 1 p.m., Larry’s Lunch Box

Criminal Law Practice Section Holiday Social

Criminal Law Practice Section Meeting

5:30p, location TBA

Noon – 1 p.m., Larry’s Lunch Box. Please call or fax Larry’s a day before

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

RES GESTAE | SEPTEMBER 2016

Save the Date! 2016 LCBA Bench Bar Gala

Join us for an elegant evening to celebrate our attorneys and the judiciary. Enjoy cocktails, surf & turf dinner, music and great company. Black tie optional.

Friday, September 30, 2016 Sidney & Berne Davis Art Center Cocktail Hour 7-8pm Dinner 8-10pm $95 per person until September 2 Thereafter, tickets are $115 a person. RSVP by September 27th email Lisa Poulin at admin@leebar.org or visit leebar.org Title Sponsor: Copy Lady Platinum Sponsors: Henderson Franklin Cole, Scott and Kissane Music Sponsor: Associates and Bruce L. Scheiner Silver Sponsors: Atwood Law Firm • Martin Law Firm Strayhorn & Persons • Von Ahn and Associates Bronze Sponsors: John Webb Legal Group • Pavese Law Firm • Roetzel & Andress

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. Marve Ann Alaimo, Esq. Chardean M. Hill, Esq. Sara Fitzpatrick 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.

6216 Whiskey Creek Drive, Suite B Fort Myers, FL 33919 239.690.9840 | ConricPR.com | info@ConricPR.com

SEPTEMBER 2016 | RES GESTAE

Ethically Speaking

MIGRATION OF LACK OF PROFESSIONALISM INTO DISCIPLINE By Henry Lee Paul, Esq.

The concepts of professionalism

are no longer just aspirational. The Supreme Court continues to make a strong statement that it will not tolerate unprofessional conduct. The Court has taken a series of actions that has resulted in the migration of lack of professionalism into discipline. The Court Amended the Oath of Admission in 2011 to recognize “the necessity for civility in the inherently contentious setting of the adversary process.” The oath now includes the obligation: “To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications.” In June 2013, the Court adopted the Code for Resolving Professionalism Complaints requiring Local Professionalism Panels in all 20 circuits. The panels are a nondisciplinary method for addressing lack of professionalism. In that opinion, the Court defined the Standards of Professionalism as codified in: 1) the Oath of Admission to The Florida Bar; 2) The Florida Bar Creed of Professionalism; 3) The Florida Bar Ideals and Goals of Professionalism; 4) The Rules Regulating The Florida Bar; and 5) the decisions of the Florida Supreme Court.

RES GESTAE | SEPTEMBER 2016

See, In re Code for Resolving Professionalism Complaints, 116 So. 3d 280 (Fla. 2013).

of attorney’s fees. See, The Florida Bar v. Rosenberg, 169 So. 3d 1155 Fla. 2015).

In September 2015, the Court amended the Code by replacing the Ideals and Goals of Professionalism with the Professionalism Expectations. Comments submitted to and rejected by the Court criticized the Professionalism Expectations because they may create new standards for legal malpractice and discipline. The comments of D. Culver Smith, III warned that the Expectations “contain imperatives that risk establishing rules of professional conduct…the violation of which may lead to the imposition of disciplinary sanctions.”

In The Florida Bar v. Norkin, 132 So. 2d 77 (Fla. 2013), the Supreme Court warned that it “is profoundly concerned with the lack of civility and professionalism demonstrated by members. The Court has repeatedly ruled that unprofessional behavior is unacceptable…. We do not tolerate unprofessional and discourteous behavior.” The Court further recommended, “Members of The Florida Bar, law professors, and law students should study the instant case as a glaring example of unprofessional behavior.”

The fact that the Court rejected the comments expressing the likelihood that the Professionalism Expectations will create a new basis for discipline should be a warning to those who do not act with professionalism.

In the Code for Resolving Professionalism Complaints, The Court admonished that “Members of The Florida Bar shall not engage in unprofessional conduct.” Violation of the Standards of Professionalism has often resulted in more than referral to a Local Professionalism Panel. Violation of the Standards of Professionalism has increasingly been the basis for discipline, sanctions and contempt. RG

Although I have not yet seen a Florida Bar case that has relied on the Expectations to support the imposition of discipline, it is only a matter of time before they are cited in a discipline case. Violation of the Expectations has been cited in support of sanctions against a lawyer for not promptly responding to communication from opposing counsel. See, Peacock v. CCMC, 2016 WL 1638111 (M.D. Fla.). The Court and The Florida Bar have increasingly cited a violation of the various Standards of Professionalism in support of discipline. The Standards of Professionalism are also cited in contempt cases, matters involving court imposed lawyer sanctions and even matters involving the award

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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SEPTEMBER 2016 | RES GESTAE

RPPTL Practice Section

Civil Procedure Can Be the Probate Lawyer’s Best Friend By Marve Ann M. Alaimo, Esq. Probate lawyers are generally guided by the Florida Probate Rules (“Rules”). Many consider the Rules to be user-friendly when compared to the Rules of Civil Procedure (“Civil Rules”). However, there are times when Civil Rules can be helpful to the probate lawyer, even in the normal course of administration. Civil service and discovery procedures, in particular, can be helpful in addressing procedural problems in probate administration. For example, it is common to encounter difficulties when serving formal notice on interested parties. Uncooperative or ambivalent beneficiaries often refuse to claim or accept certified or couriered mail. Adjudication of important probate issues can be delayed when interested parties refuse to sign for certified or couriered pleadings. When proof of service is necessary to request a court ruling, what does a probate attorney do when traditional methods of providing formal notice are ineffective? It is not sufficient to advise the Court that service has been delayed. While one can resort to scheduling hearings, how do you prove receipt of a hearing notice if you are unable to serve the motion or petition to be heard?

RES GESTAE | SEPTEMBER 2016

In these instances, the Civil Rules provide an alternative. While certified, returnreceipt mail is the most common method for effective service of formal notice, Rule §5.040(3)(b) allows formal notice to be made “as provided in the Florida Rules of Civil Procedure for service of process.” The Civil Rules for service of process are found under Civil Rule §1.070. Thus, while not often used in the probate context, we probate lawyers may use process servers as do our colleagues in civil practice to ensure service of important petitions upon interested parties. Probate lawyers often need information necessary for the administration of an estate. Sometimes we must request this information from third parties who are unwilling to cooperate. Consider a situation where a surviving spouse has elected to take an elective share. What does the probate lawyer do when recipients of elective estate assets are uncooperative? Information concerning the elective estate is necessary to calculate the spouse’s elective share. In those cases, the Rules make it clear that the methods of discovery set forth in the Civil Rules are available to the probate lawyer. Accordingly,

under Rule §5.080 and its corresponding counterparts in the Civil Rules, the probate lawyer is, among other things, entitled to take depositions, request production of documents, propound interrogatories, seek admissions, and to issue subpoenas in pursuit of discovery. While civil service of process and discovery procedures may be foreign to most probate lawyers, their usefulness should encourage all of us to become familiar and proficient with these procedures. RG

Marve Ann M. Alaimo, Esq. recently joined the Ohiobased law firm of Porter Wright Morris & Arthur LLP as a partner in the firm’s Naples office. She is Board Certified in Wills, Trusts & Estates by The Florida Bar and holds a Masters of Laws in Estate Planning. Her practice is focused in the areas of wills, trusts & estates, probate & trust litigation and complex guardianships.

It’s our privilege to practice law in Lee County, home to some of the most professional attorneys in Florida! Practice Areas: Steven E. Martin Attorney & Counselor at Law

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Geraghty Mediation Patrick E. Geraghty Certified Civil Circuit Mediator-Dispute Resolutions Member Florida Bar, Lee County Bar, Federal District Courts of the Middle and Southern Districts of Florida. Board Certified Civil Trial Lawyer A.V. Rated, Martindale-Hubbell; Member of American College of Trial Lawyers. 46 years of civil trial experience in personal injury, wrongful death, commercial, business litigation and Federal civil rights. To schedule mediations, call: (239) 334-9500 or email: pat@swfltrial.com.

SEPTEMBER 2016 | RES GESTAE

Our Florida Board Certified Members Who Are Among the Elite 7%

Last month, Res Gestae highlighted Board Certified LCBA members whose primary office locations are situated in Lee County. It’s now time to recognize those located in nearby counties. As always, we offer our admiration to the 7 percent of eligible attorneys to achieve the highest level of evaluation by The Florida Bar of competency and experience within an area of law, and professionalism and ethics in practice. More than 5,010 Florida lawyers are recognized as specialists in one or more of 26 certification areas, including:

Ms. Marve Ann M. Alaimo, Esq. ~ Wills, Trusts and Estates Mr. John Christian Clough, Esq. ~ Business Litigation Mr. Louis Domenico D'Agostino, Esq. ~ Appellate Practice Mr. Christopher Dale Donovan, Esq. ~ Appellate Practice Mr. Craig Ferrante, Esq. ~ Civil Trial Mr. Laird Andrew Lile, Esq. ~ Wills, Trusts and Estates Mr. David R. Linn, Esq. ~ Civil Trial Mr. Edward Michael Livingston, Esq. ~ Intellectual Property Law Mr. James A. Pilon, Esq. ~ Real Estate Mr. Robert Dwane Pritt, Esq. ~ City, County and Local Governmental Law Mr. Bradley Paul Rothman, Esq. ~ Labor & Employment Law Ms. Jeanne L. Seewald, Esq. ~ Intellectual Property Law Mr. Mark Alan Steinberg, Esq. ~ Civil Trial Mr. Brian Orr Sutter, Esq. ~ Worker's Compensation Mr. Gregory Neil Woods, Esq. ~ Business Litigation and Civil Trial

RES GESTAE | SEPTEMBER 2016

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Protect your clients, files and accounts – Designate an Inventory Attorney! Chardean M. Hill, Bar Counsel The Florida Bar, Tampa Branch Office

awyers often get wrapped up in the hustle and bustle of serving clients in the present moment, that the future is often overlooked. These days, anything can happen to anyone with very little or no notice/ warning. Do you know who will take care of your clients, files, and accounts if the need arises? Do you know that an inventory attorney can be designated? The inventory attorney process if often a mystery to many lawyers and the general public. This article addresses the Inventory Attorney process and hopefully encourages you to designate someone or volunteer your services to become an Inventory Attorney.

Rule 1-3.8(e) requires “every member of the Bar who practices law in Florida… to designate another member of The Florida Bar who has agreed to serve as inventory attorney under this rule.” Exceptions include government attorneys. If a situation arises where the need for an inventory attorney is paramount, an authorized person from The Florida Bar will contact the designee to ascertain whether that person is willing to serve as inventory attorney. Note, however, that the Rules do not require the designee to accept the appointment. R. Regulating Fla. Bar 1-3.8(e). Have you designated someone?

The Need for an Inventory Attorney

In a nutshell, the purpose of having an inventory is to protect the clients. Rule 1-3.8(c) states, “the purpose of appointing an inventory attorney is to avoid prejudice to clients of the subject attorney and, as a secondary result, prevent or reduce claims against the subject attorney for such prejudice as may otherwise occur.” Serving as inventory attorney does not create an attorney-client relationship between the client and inventory attorney, nor does it create a fiduciary relationship. Simply put, the inventory attorney becomes a conduit to inform the client about the subject attorney’s status (deceased, suspended, disbarred, etc.), inform the client how to retrieve their file, and to handle management of any bank accounts associated with the subject attorney’s law practice. This can be a daunting task, however, the Bar is there to guide and assist the inventory

Often, the need arises for someone to manage the affairs of an attorney. This need often comes from the death of an attorney, the incapacitation of an attorney (physical or mental impairment), or the disbarment or suspension of an attorney. An inventory attorney may also be needed if an attorney abandons his or her practice or disappears. The Rules Regulating The Florida Bar instruct that when there is “no partner, personal representative, or other responsible party cable of conducting the attorney’s affairs is known to exist, the appropriate circuit court, upon proper proof of the fact, may appoint an attorney or attorneys to inventory the files of the subject attorney and to take such action as seems indicated to protect the interests of clients of the subject attorney.” R. Regulating Fla. Bar 1-3.8(a). 16

RES GESTAE | SEPTEMBER 2016

Purpose of the Inventory Attorney

attorney through the process. Inventory Attorney Procedures As with most aspects of the law, formalization of the inventory attorney process must occur. To begin, if you are a designee and learn of a need for the appointment of an inventory attorney, contact the particular branch location of The Florida Bar that serves your circuit (a listing of the branches can be found on the Bar’s website). If the Bar discovers the need for the appointment of an inventory attorney, the subject attorney’s records are checked to see if a designee is listed. If none is listed, then representatives of the Bar begin looking for someone to serve. You may get called to serve! Volunteers are always welcomed and encouraged. Once a person has agreed to serve as inventory attorney, the Bar sends a welcome letter along with a copy of the inventory attorney manual which contains forms and sample pleadings to be used. The first item that the inventory must do is file a petition for appointment of inventory attorney directly with the chief judge of the circuit where the subject attorney was located. Typically, filing fees are waived. Notable Lee County Inventory Attorneys Within the past 5 years, the following attorneys have served as an inventory attorney, at least once, and we thank them for the invaluable time and service: Cory Pollack, Ty Roland, Michael Kayusa, Harold “Hal” Eskin Henry Paul, Mary Beth Fisher, Jerald Chlipala, and Roger O’Halloran. RG

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SEPTEMBER 2016 | RES GESTAE

Legal Lens

YLD Holidays in July Santa paid a special summer visit to kids and families from the Children’s Network of Southwest Florida during the Young Lawyers Division’s Holidays in July. Special thanks to Santa’s local attorney, Spencer Cordell.

RES GESTAE | SEPTEMBER 2016

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LCBA Member-at-Large Nominations are Now Open 2nd QUARTER FINANCIAL OUTCOMES (04/01/2016 – 06/30/2016)

The LCBA announces Member-at-Large nominations are now open. A nomination form is available at leebar. org, and will also be delivered directly to your inbox by electronic newsletter. Please submit your nomination to info@leebar.org. You may nominate yourself or another person you believe would make a good leader for the organization.

Alimony – Yearly: $3,000.00 Child Support – Yearly: $76,820.40 Pursuant to the LCBA Bylaws there will be two Member Child Support – Lump Sum: $32,382.18 at Large positions to be filled by annual election in 2016 and each even year thereafter. Equitable Distribution: Marital Residence: $92,941.00 Only LCBA members in good standing may nominate. Retirement/Major Assets: $5,626.13 It is important that your nomination form be signed. Nominations may Value of Dollars Saved: also be made from Child Tax Credit: $30,600.00 the floor at the Debts Divided: $ 20,968.84 LCBA Membership TOTAL $262,338.55 Luncheon meetings in August and September. SEPTEMBER 2016 | RES GESTAE

Within these hallowed halls ~ Sidney & Berne Davis Art Center An architectural marvel comes of age with Lee County’s legal community By Sara Fitzpatrick Comito

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Photo credit: Wikipedia - Ebyabe

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(Courtesy of SBDC) Hundreds of years ago, it was the site of a Calusa settlement. Much later, in the mid(Courtesy of SBDC) 1800s, it became the home of the original fort that gives Fort Myers its name. In 1933, a grand new U.S. Post Office was unveiled. Its architect, Nat Gaillard Walker, must have been some kind of Renaissance man; Lee County Bar Association. later that same year, he became the postmaster. Renaissance is a French Today, both are as solid as the word that itself means revival, or rebirth. building’s marble and Florida Maps, dark suits and And with a $1 million gift, a prominent Keys limestone. The memories of those surrender community patron ushered in a new who practiced there as young attorneys revival for the building that now bears are just as unshakable. In his first federal case, Miguel her name, along with that of her beloved Lloyd G. Hendry (1922 – 2013) was Fernández had a very limited amount of husband. known as the unofficial historian of the time to speak with his court-appointed LCBA. He represented the bar at the Reviving a classic client, who had been charged with drug dedication of the federal building and smuggling, before an initial appearance The Sidney & Berne Davis Art courthouse 33 years ago, and spoke of before Magistrate George Schwartz Center is considered one of only a few its namesake, who, at his very first trial, (1931-2010). Fernández ascertained that masterpieces of Neoclassic Revival defended a client against a felony charge the defendant had a stable place to live, architecture in Florida. On September of hog theft. Hendry remarked, “The which would bolster the argument that 30, it will host the LCBA’s Bench Bar judge … fought a valiant fight for his he should be entitled to bond. He lived Gala. Their footfall’s echo will bring client and won an acquittal from the with a friend, as Fernández heard it, back memories of some attendees’ early jury. But Judge Whitehurst early learned whose first name was Chuck. careers. The building served as the that he had failed to observe one of the Fernández was fairly new to Southwest George W. Whitehurst Federal Building basic rules of private attorneys who Florida at the time, and he was about and Courthouse from 1983 until 1998, handle criminal cases. That rule is always to get a geography lesson. He recalled, when the new U.S. Courthouse and get your fee before you go to court.” “During that first appearance, I turn to Federal Building opened a few blocks Given his client’s protestations that he my client and say, ‘Tell me more about away. Our downtown cultural hub has was penniless, Whitehurst was resigned Mr. O’Loskee.’ The magistrate throws his evolved alongside the to write him off. “The next pen up in the air and rolls his eyes. It was day though,” said Hendry, “his a little embarrassing.” Now Fernández client reappeared, lifted a crate is a bit older and a lot wiser, and could containing a live animal from easily show you on a map just where his buggy, and carried it to the Chokoloskee is located. judge’s doorstop and said, ‘Mr. Judge Josephine Gagliardi was the only Whitehurst, I ain’t got no money, woman in a room of about 30 attorneys but could you use a hog?’” The for docket soundings in the old federal judge died a decade before the courthouse. She paints a scene that dedication, but several LCBA would be pretty daunting for any young members dutifully honored attorney: “Everyone wears suits, and his legacy by learning lessons they’re dark suits, and they’re expensive early in their careers while suits, and they’re all coming from out of SBDC) c1933 (Courtesy of town.” Despite the intimidation factor, practicing in the building.

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she notched out a significant early win in a conspiracy case involving a chiropractor’s fraud scheme. “There were many attorneys on that case,” she said. Among them was Fernández. The now-judge represented a Haitian fellow whose job was to sit by the door and sign people in to the doctor’s office. “The worst word you can say in the federal system is ‘conspiracy,’ because they bring in everyone, and everyone gets charged with major crimes,” she explained. There was no evidence her client participated in the fraud, however, and she was able to get an acquittal. “You don’t get those,” she said. “Most of the time in the federal system, they’re watching people for years. The feds will seal the information, and you don’t get to see it until they’re ready to unseal it.” Bob Shearman learned something about tenacity when he represented the City of Punta Gorda in a national origin discrimination case in 1991 before Magistrate Schwartz. The building had the feel of hallowed ground, he recalled, and “the courtroom did my client right on that occasion.” It took a bit of work. “I don’t know that I have had to impeach any witness with prior testimony as many times as I did in that case,” he explained. Shearman’s remonstrations to the Vietnamese scientist who had been terminated from City employment became repetitive and almost comical. Eventually, Shearman didn’t have to go Demolition/renovation in 2007 Courtesy of SBDC

through the deposition to pinpoint the plaintiff ’s prior inconsistent statement. He only had to lift up the transcript as a threat, and the plaintiff would put up his hands in surrender, reverting to his prior testimony. If these walls could talk George Schwartz was the only sitting member of the judiciary in the old federal courthouse. Judge Gagliardi remembers a visiting judge from the Southern District of New York would drive up to sit in when he wintered in Naples. A President Nixon appointee, his name, coincidentally, was Lee P. Gagliardi (1918 – 1998, no relation to our Judge G.). Finally, the new courthouse was built, and furnished with a judge. In the old courthouse, Judge Gagliardi also remembers a marble stairwell that was well worn from people running up the steps. She describes the courtroom as having an air of decorum. She feels privileged not only to have had her early federal court experience, but to have had it in such a beautiful place. “The bathroom had old marble, and swinging doors like in a saloon.” Fernández recalls the high ceilings and abundance of real wood architecture in the main first floor courtroom, imparting the authentic “look and feel of an old courthouse.” He remembers the cramped first floor marshall’s office and temporary holding cell area, where voices carried a little too well for private conversations with clients. Defendants were transported upstairs to the magistrate’s hearing room by common elevator that led them through the same narrow passages as their attorneys, which sometimes seemed much too close for comfort. He would often see prisoners as they were brought into the courthouse in shackles via the gated area behind the courthouse and think, “one day, somebody’s going to attempt an escape.”

(Courtesy of SBDC)

Shearman said, “If you enjoy history or architecture, it’s interesting to walk into a classic, old building. You feel a sort of reverence for everything that’s gone on in there. You just feel like the walls could talk.” That being said, he’s grateful for the new federal courthouse up the street, complete with AV equipment and all the conveniences of modern technology. “We can look back romantically at the old courthouse, but no one is advocating a return to it.” Mrs. Davis would go on to donate more than $2 million before her death this March at the age of 102. The good people at the nonprofit Florida Arts, Inc. have dutifully restored the building to its original magnificence, while creating a modern arts facility that is a jewel of the city. It’s fitting that the Bench Bar Gala should take place there, given its place in our community’s legal history. Just like its Florida Keys limestone, the Sidney & Berne Davis Art Center forms the bedrock of downtown Fort Myers’ vibrant and growing cultural scene. RG

This magazine owes a debt of gratitude to Hon. Morison Buck (1924-2014, past president of the Hillsborough Bar Association, whose biographies of deceased judges are housed in the Special Collections Library at USF) for memorializing the remarks of Lloyd Hendry at the federal building dedication in the biography, George W. Whitehurst: panoramic jurist extraordinaire. SEPTEMBER 2016 | RES GESTAE

Answer the call! Celebrate the Constitution - Become a Speaker in the Schools Every September, we celebrate the drafting of America’s most important document by engaging the younger generation in the LCBA’s Speakers in the Schools program. Be a role model to the next generation of citizens! Share your knowledge and unique perspective on what the Constitution means to you, and why it matters in students’ lives. You will have plenty of support, with a PowerPoint presentation packaged and ready to help structure your talk. The LCBA in the process of obtaining a list of teachers who desire to have an attorney speak in their classroom. If you would like your name on the list of potential volunteers, please email Jim O'Leary at jlo@jloesq.com or call (239) 947-8900. Jim will then contact you with the list of available schools, dates and times, and coordinate the matching of attorneys with the teachers.

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Congratulations!

Lee County Bar Association President Scott Atwood has been reelected to a two-year term on the Executive Council of The Florida Bar’s Labor and Employment Law Section. He is the only member of the Executive Council to represent Southwest Florida.

The mission of the Labor and Employment Law Section is to serve and support its members and others through opportunities for education, leadership, networking and public service, and by providing quality programs, publications, scholarships and awards relating to the field of labor and employment law. To learn more about the section or to get involved, visit laboremploymentlaw.org.

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Many CPAs wield a magnifying glass due to ocular fatigue. Picture Leslea Ellis as more of a Sherlock Holmes, methodically unraveling a mystery deep inside the numbers. Ellis worked most of her career in large corporations. “My favorite assignments always involved large volumes of data, multiple accounts and twisted accounting messes,” she said. “I enjoyed the investigative aspect of tracing transactions and identifying anomalies in data.” After two years of careful planning and saving, she left corporate America and started her own firm, Leslea Ellis, LLC, three and a half year ago. She couldn’t be happier with that decision. In addition to serving its clients’ small business accounting and tax preparation needs, Leslea Ellis, LLC provides forensic

accounting and litigation support for the entire state of Florida. “When people ask me to explain what I do, I tell them I put together the pieces of a financial puzzle. It is difficult to know exactly what it will look like until you have all the pieces put in place.” If the team of Ellis plus her four employees were the cast of a TV show, it might be called “CSI – Accounting.” It might even draw a dedicated following. We’ll trade the fingerprints and blood spatter patterns for a trail of numbers, but the objective is the same. “Our job is to uncover and report the truth, regardless of which party we represent,” Ellis said. Forensic accountants and attorneys both are sometimes unfairly saddled with the same unfortunate stereotype. According to Ellis, “If there has been diversion of assets or

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unreported income, the forensic accountant will likely discover it, but not because we are ‘sharks.’ Such activity will be discovered because we are thorough. As an accounting expert, I like to see cases settle and often work with the attorney, assisting with mediation and settlement negotiations.” Ellis has been fortunate to work with a variety of family law and business litigation attorneys throughout the 20th Judicial Circuit, many of whom have referred her to other attorneys. She is grateful to the LCBA and the entire legal community for its support and camaraderie. Visit www. lesleaellis.com for more information. RG

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Legal Lens

Stephen Dommerich, David Seitz

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LCBA After-Hours Social The Criminal Law Practice Section hosted a social on July 21 at The Barrel Room, featuring a special jazz performance from Dan Miller and Lew Del Gatto Quartet.

Hon. Archie Hayward, Agnieszka Osowicke, Paul Thomas

Spencer Cordell, Stephanie Davis

Photo credit: Jim Jett Photography

Marilla Shoemaker, Will Grauel

Fishing with Friends The YLD’s Tryathlon concluded with a fishing tournament for kids with the Children’s Network of Southwest Florida at Bass Pro Shops on Aug. 13.

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Start Your Own Investment “Traditions”

Thanksgiving is just around the corner. And like all holidays, this one has plenty of traditions, such as football and parades. Traditions are important, of course, and you may want to establish some in one of the key activities of your own life: investing.

For example, consider starting a tradition of investing the same amount of money each month into the same investments. When prices are low, you’ll buy more shares; when prices are high, you’ll buy fewer ones. Overall, this technique can help lower your per-share costs, but it does not guarantee a profit or protect against loss. Here’s another possible tradition: Increase your 401(k) contributions every time your salary goes up. Want one more? How about reviewing your overall investment picture and strategy at least once a year? By committing yourself to one full-scale review a year, you can greatly reduce unpleasant “surprises” while staying abreast of exactly where you are and where you’re headed. On Thanksgiving, you can enjoy the holiday’s traditions, along with those that may be unique to your family. And someday, you may well be thankful that you followed some productive investment “traditions.” This article was written by Edward Jones for use by your local Edward Jones Financial Advisor.

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The Dish

Survey Café By Sara Fitzpatrick Comito

lorida maps tell a story in names. Look at one from before 1887, and you’ll see newly incorporated Fort Myers as part of the northern – but not the most northern – reaches of Monroe County. A little settlement south of Estero is labeled “Survey.” It wasn’t until 1915 that a pair of real estate developers deemed that name, referring to a group of government surveyors that had camped out there, too hokey to sell. Hence Bonita Springs was born. And therefore, perhaps fittingly, Surveyor’s Creek became the Imperial River. What were these places called before all that? The Calusa record is a bit tattered at this point. Appreciation for history can build understanding, community and a real sense of place. When Lori Nelson, wife

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of then-Mayor Ben Nelson, opened a gathering place in a restored historic house in downtown Bonita Springs, she chose to name it Survey Café. And when Brian and Isabelle Field took over this locals’ favorite in 2013, they quickly learned from the enthusiastic existing regulars that just as with the previous renovations on the 1940s wood framed house, any modifications would have to be undertaken with a light hand. In 2011, I wanted to go to the beach and then have brunch for my birthday. Bonita Beach, formerly known as Fiddlerville because of a preponderance of fiddler crabs, has its share of white, sandy shoreline. But what about the brunch part? An actual surveyor friend recommended Survey’s namesake café. I

remember a rustic porch dining area, Old Florida-style wood floors, friendly people, fresh ingredients and goodly portions. I’m delighted to report that five years later, none of that seems to have changed. I was fortunate to visit before the café closes for a late-summer vacation. You will be able to do so too, if you go before September 12. After that you’ll have to wait until October 4, when Survey Café opens in advance of snowbird season. Where did the summer go? It seemed like a lot of it was on my plate, in the form of the Wonder Garden Salad, named for the vintage Everglades’-themed tourist attraction just up the street. Choose housemade raspberry or balsamic vinaigrette to dress this mélange of strawberries, pecans, tomato, red onion,

cucumber and blue cheese. An optional scoop of chicken salad made this colorful plate a meal, replete with crisp red grapes and just enough mayonnaise to seal the deal. Mostly, summer was right outside the window where we stared enviously at the house just across the street from the Survey Café. Delight, then, was discovering chilled cucumber was the the soup of the day. One would be hardpressed to find a palette cleanser more refreshing than mint, dill and creamy yogurt served glacially cold. A farmer’s market panini was stuffed with sautéed spinach, roasted Portobello mushrooms and peppers, with tomato, onion, brie and balsamic pressed on a hearty whole grain ciabatta.

with dinner available Fridays and Saturdays. Perhaps a special day off is in store for sampling a Loose Screw, with chardonnay, ginger ale and orange juice over ice. I can think of worse ways to beat the heat, especially post-beach. Even the menu tells a story in names. Take a gander at the Chokoloskee chicken sandwich (100-percent free of white ibis). “Chokoloskee” is a Seminole name that means “old house.” History has a way of circling back, doesn’t it? I think that’s delicious. RG

Fresh baked baguette sandwiches reflect Isabelle’s French background, but there are also fresh takes on American deli classics like a club and a reuben. Hand pulled barbeque pork is in representation, as is a green salad with shrimp, pineapple and avocado. Several items feature smoked salmon, including some on the breakfast menu. Breakfast is served all day, happily,

Survey Café ▪ 10530 Wilson St, Bonita Springs Daytime menu Tue-Fri: 8:30 a.m. - 2 p.m. ▪ Sat and Sun: 8 am – 2 p.m. Dinner specials Fri and Sat: 5 – 9 p.m. www.thesurveycafe.com ▪ (239) 992-2233

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. SEPTEMBER 2016 | RES GESTAE

On the Bench Hon. Zachary M. Gill For our newest county judge, 2016 has been a year of expectancy and fulfilment. First there was the anticipation that he might be appointed to the county bench, which was duly rewarded with a call from the Governor in June. When Judge Zach Gill spoke to Res Gestae about filling the vacancy created by the appointment of Judge Leigh Frizzell Hayes to the circuit bench, he and his wife were eagerly awaiting the birth of their second son, due September 9. Judge Gill started his career in 2005 as an assistant state attorney in the Ninth Judicial Circuit and moved to the Twentieth in 2007. It was a return to Lee County, where he was born and raised. He had also completed an internship at the Public Defender’s office here as an undergrad at Florida State. That experience served as a launch pad for his career goals, especially with its opportunity for courtroom observation. “I love being in the courtroom,” said Judge Gill, “and that solidified my decision to go to law school.” He ascends to the bench after more than six years at Goldstein, Buckley, Cechman, Rice & Purtz, where he was a partner. “There are great people at that firm,” Judge Gill said. “I will miss seeing them day in and day out.” As all new judges report, however, support is in no short supply in the Justice Center. “We have a great group of county judges. Everyone has been fantastic, and I’ve had the opportunity to spend time on the bench with all of the judges.” Becoming a judge has been a lifelong aspiration. Judge Gill sees it as the best way to apply his talents to serve the county he loves. He credits his schoolteacher parents with instilling in him his dedication to public service. His intention today is to lead by example and to run his proceedings in a considerate and respectful manner, no matter how contentious the litigation may be. Judge Gill trains in the Crossfit method of physical fitness and enjoys fishing. Most of all he loves spending time with his four-yearold son Connor and wife Molly.

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From the Bar Roberta D. Kushner, Esq. Roberta and Jeffrey Kushner met as undergrads at Syracuse University. By the time she graduated and they got married, he was already in law school. It was a track that also appealed to her. This was the late 60s, though, and women J.D. candidates were quite rare. In 1980, as a 35-year-old mom of two children, ages 10 and 12, the time was right to follow her dream. With Jeff’s help and support, Roberta commuted from Fort Myers to the east coast a couple days per week, and was able to get her law degree from Nova University Center for the Study of Law in three years. In 1983, Kushner and Kushner was established. “My plan was not to immediately join him in private practice, but the closer I got to graduation, the more logical it seemed,” she recalled. He was doing criminal defense, personal injury, family law and a little bit of social security disability. She focused mostly on family law, with also some social security. Then about 20 years ago, the pair decided to focus solely on social security disability. “I think we both really saw the benefits of that practice. It’s very appealing; not a lot of people did it, it’s a very nice practice because you’re helping people, and we felt like we had carved out a niche.” Now there are two more Kushners in the firm: Jonas has followed in his parents’ footsteps as an attorney (as has his sister Rachel, who works in Tampa), and his wife Neena manages the office. Associate attorneys Karen Nixon and Jason Quick are also hard at work for deserving clients. It’s not for the faint of heart. Said Roberta, “The cases take a long time to resolve. There are constant appeals, frequent rejections. And when we finally do win, it’s very rewarding that such a legitimate need has been met.” It’s been fun for the couple to watch their son develop as a lawyer. Folks sometimes ask how married people make it work, being in the same office every day. “We’re each doing our own thing,” Roberta said. They make it look easy, as they get ready to celebrate their 49th anniversary this month.

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RES GESTAE | SEPTEMBER 2016

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From the Bar Blake P. Hampton “My clients are not gaming the system,” said Blake Hampton. “We’re really just stretching out what they have in order to help pay for long-term care.” His practice is dedicated to the elderly and disabled, because the rewards are many. In June of 2015, he opened Hampton Elder Law at the age of 29. Since then he has provided peace of mind for families and received heaps of appreciation. His favorite perk is being treated to his clients’ life stories. He especially loves when veterans share theirs – even some who served in World War II. Hampton honed his skills in elder law while working at Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. with senior partner Jay Brett, a Fort Myers attorney for more than 40 years, along with mentors Craig Hersch and Mike Hill. That venerable firm has a heavy emphasis in estate and trust planning. It is often the family members of his clients that Hampton confers with. Upon the first meeting, there is sometimes initial surprise about his youth, especially given the focus of his practice. However, the trust builds quickly. “The biggest issue is still the age factor,” he said. “What helps me overcome that are my strong relationships in the community and the referrals I receive from grateful clients and seasoned legal and financial professionals. If the referrals are coming from someone who’s respected, it helps build trust.” Hampton bridges technology with elder law expertise to surmount client challenges. The gadgets at his disposal help him spend more time with his clients, not less. “These days, it takes new technology to provide old fashioned values,” he said. For instance, he can visit clients in assisted living communities bearing a mobile printer and a tablet device to circumvent client transportation issues. Hampton is an active member in CAMEO (Cooperative Associates Marketing Elder Options) Lee County and is the current social chair of the Young Lawyers Division of the Lee County Bar Association. He regularly supports the Greater Fort Myers Chamber of Commerce Women in Business and has coached Special Olympics tennis for more than 15 years.

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RES GESTAE | SEPTEMBER 2016

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In The News Jeanne L. Seewald has been elected to the board of directors of Hahn Loeser & Parks LLP. Seewald practices in the areas of intellectual property, technology, general business, corporate transactions and mergers and acquisitions. A Florida Bar Board Certified Specialist in Intellectual Property Law, she has experience working with businesses and non-profit institutions in the areas of trademark and copyright registration, trademark and domain name dispute resolution and trademark and patent licensing. The company’s board now consists of Erica L. Calderas, Steven A. Goldfarb, Stanley R. Gorom III, Marc J. Kessler, Gregory M. Nolfi, Lawrence E. Oscar, Rob Remington and Jeanne L. Seewald.

Luis E. Rivera successfully met all the requirements and earned nationally certification in Business Bankruptcy Law from the American Board of Certification. An attorney at Henderson, Franklin, Starnes & Holt, P.A., Rivera has broad experience in business litigation, bankruptcy, creditors’ rights and insolvency counseling. In addition to his law practice, he serves as a U.S. Bankruptcy Trustee for the Middle District of Florida. As a trustee, Rivera is routinely involved in the liquidation of business enterprises, including the recovery and sale of assets; the investigation, development, and prosecution of litigation to recover funds for creditors; and the reconciliation and payment of claims held by creditors.

John Mills, a divorce and criminal law attorney in private practice, was a silver medal winner of the Florida Authors & Publishers Association (FAPA) 2016 President’s Book Award in the category of Adult Fiction for his novel The Hooker, the Dancer and the Nun (Pono Publishing). The award was presented to Mills at FAPA’s annual conference in Orlando on Aug. 6. The event recognized outstanding books by awarding gold and up to two silver medals in categories ranging from children’s books to adult fiction, from memoirs to self-help, from business books to e-books. Mills was also the featured speaker at the LCBA Membership Luncheon on August 19.

Daniel J. Garza has joined Wilbur Smith Attorneys at Law. He primarily practices in the area of criminal defense. He also practices civil litigation, limited exclusively to trial work. Garza is a Miami native who earned his J.D. from the St. Thomas University School of Law in 2013. He is bilingual in English and Spanish. Garza was the recipient of the 2015 Client Satisfaction Award from the American Institute of DUI/DWI Attorneys, and is a member of the Florida Association of Criminal Defense Lawyers and the National Association of Criminal Defense Lawyers.

Pavese Law Firm attorneys Diane L. Jensen and Christopher J. Shields have been recognized in the 2016 edition of Florida Trend’s Florida Legal Elite. The list of honorees, published in the July issue of Florida Trend magazine, includes attorneys in private practice as well as top government and nonprofit attorneys. Actively practicing Florida attorneys were asked to name the attorneys that they hold in highest regard as professionals.W Florida Bar President William J. Schifino, Jr. noted, “My goal is to engage and utilize the incredible resources of legal leaders throughout the state. For the public and our profession, Florida Legal Elite offers a guide to outstanding attorneys recommended by their peers.” Henderson, Franklin, Starnes & Holt, P.A. attorneys J. Matthew Belcastro, Michael J. Corso, Thomas H. Gunderson, Russell Schropp and Robert C. Shearman were named to the 2016 Florida Trend Magazine’s Legal Elite. In addition, Amanda L. Brock and Traci T. McKee were recognized as this year’s Legal Elite Up and Comers. Florida Trend invited all members of the Florida Bar to nominate young attorneys who exhibit excellence in the law. The votes were tallied by an independent research firm and a Blue Ribbon Panel of prominent lawyers reviewed the list of attorneys who garnered the most votes. The list represents fewer than 2% of all active Florida lawyers.

RES GESTAE | SEPTEMBER 2016

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2036 McGregor Boulevard • Fort Myers,SEPTEMBER FL 33901 2016 | RES GESTAE

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P.O. Box 1387 | Fort Myers, FL 33902-1387 (239) 334-0047 | Fax (239) 334-0523 LeeBar.org

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