Res Gestae - February 2017 by Lee County Bar Association

LCBA Cares About kindness FEBRUARY 2017

NO KINDNESS TOO SMALL LCBA sends out an endless ripple with

Lee County kids in crisis

Moving the needle on pediatric mental health

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Contents On the cover: The LCBA is kicking off the #KindLee Campaign in February to inspire members and our community by sharing acts of kindness on social media using the hashtag "#KindLee"

features 20 Moving the Needle on

Pediatric Mental Health by Christin Collins

22 No Kindness Too Small LCBA sends out an endless ripple with #KindLee by Sara Fitzpatrick Comito

departments 6 Letter from the President

by Kelly L. Fayer, Esq.

by David Seitz

12 Ethically Speaking by Henry Lee Paul, Esq.

14 Family Law Practice Section

San Luis Cuban Café

Letter from the Executive 32 Legal Lens Director YLD Reception

10 Calendar of Events

30 The Dish

by Dustin Michael Butler, Esq.

34 LCBA Judges Care

Senior Judge James H. Seals

36 LCBA Members Care

Lori Moore, Esq.

38 LCBA Members Care

Matt Raulerson, Esq.

16 New Members

39 100 Club

18 YLD Spotlight

40 Advertisers' Spotlight

26 Legal Lens

43 Introducing the FRLS/LCBA

EC Induction Luncheon

28 Legal Lens

EC Induction Luncheon

RES GESTAE | FEBRUARY 2017

Martin Law Firm

Pro Bono Case Challenge

44 In the News

News and Happenings

AD DIRECTORY Accurate Investigations & Drug Screening 41 Annual Bench Bar Shrimp Boil 29 Boyle & Leonard, P.A. 46 Brad Jessen, Edward Jones 37 Brodeur Carvell 19 Business Observer 37 Calvo & Calvo Attorneys at Law 19 Compass Law Firm 42 CONRIC PR & Marketing 34 Copy Lady 9 DeMine Immigration Law Firm 11 Denise Kennedy 19 Donna Tisch 27 Edison National Bank BC ENCORE Bank IFC Experience Real Estate Group, LLC 45 FineMark National Bank 16 Fort Myers Court Reporting 13 Garvin Law Firm 43 Get Smart Bail Bonds 21 Geraghty Mediation 13 Henderson, Franklin, Starnes & Holt, P.A. 27 Hotel Indigo 41 Joe Viacava Law IBC Kushner & Kushner Attorneys 19 Law Firm of Scott T. Moorey 42 Law Offices of David L. Orosz 35 Law Offices of Dennis L. Webb 36 Leonard P. Reina 17 Leslea Ellis, LLC 17 Livingston Loeffler, P.A. 41 Martin Law Firm 11 McHale, P.A. 37 Merit Court Reporting, Inc. 33 Musca Law Office, Inc. 3 Panther Printing 45 Patterson Eskin & Ball 19 Roetzel & Andress 21 Safeguard Shredding 17 Sanibel Captiva Community Bank 42 Sheldon E. Finman, P.A. 40 Simon M. Harrison 11 Spivey Law Firm, P.A. 5 The North Law Firm, P.A. 38 The Place on First 33 The Strayhorn Building 13 Trinity Commercial Group Inc. 35 Veranda Restaurant 35 Vantage Construction Services 39 Von Ahn & Associates 7 William DeForest Thompson Jr., LLC 15

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Letter from the President Why kindness? When people are asked to use one word to describe lawyers, is that the word that comes to mind? Sadly, there are plenty of news stories featuring the wrongdoings of lawyers, which can color public perception unfairly. Many in the public don’t know my friends and colleagues, though. And when I think of them, “kindness” is often the first word that comes to mind. I am fortunate to know so many lawyers who make a difference in people’s lives through pro bono work or volunteering with a charitable organization. Mostly, I know many lawyers who help people in their everyday lives without the expectation of repayment. They are the reason we dedicate this issue of Res Gestae to kindness – it’s at the core of who many of you are. Christin Collins, 2016 News Press Person of the Year nominee, will be the speaker at our February meeting. Her reputation is built on causes that have kindness at their core, like Golisano Children’s Hospital. She’s also the founder of PACE Center for Girls’ Love That Dress! fundraiser, which has become a statewide event. At Lee Health, she supports wellness within that organization and the community. This year, her efforts will be focused on making a difference in the lives of children by leading an initiative for pediatric mental and behavioral health. On page 20, you’ll discover a real opportunity to make a difference in children’s lives. Florida receives the second lowest rate of mental health-related funding in the country - and Lee County receives the lowest amount of all of the counties in Florida. A child will follow our example, not our advice, so it is always important to reflect on our actions. Thanks to Amanda Bartley and our Random Acts of Kindness Committee, the LCBA will be able to take concrete action to enable us individually and as a group to realize the power of kindness. Amanda, a long-time volunteer of the LCBA, has been open about the devastating loss of her son, Trevor. I was so moved by how her friends and family participated in a Random Acts of Kindness Project to honor his memory. She is the inspiration for our LCBA project. To honor Trevor’s memory, and to honor all who have suffered a loss, we will focus on what we can do to make the lives around us richer, fuller and happier. You will be hearing a lot about the hashtag, #KindLee. Why kindness? Because that is the word that describes you every day.

Kelly L. Fayer, Esq. Kelly@FayerLaw.net | 239.415.3434 6

RES GESTAE | FEBRUARY 2017

LEE COUNTY BAR ASSOCIATION ADMINISTRATION

Executive Director ~ David Seitz Administrative Coordinator ~ Lisa Poulin

EXECUTIVE COUNCIL

President ~ Kelly L. Fayer, Esq. Vice-President ~ Daniel Endrizal, Esq. Secretary ~ John Webb, Esq. Treasurer ~ Matthew Roepstorff, Esq. Board Members: Kathleen Smith, Esq. ~ Spencer Cordell, Esq. Scot Goldberg, Esq. ~ Blake Hampton, Esq. President Emeritus ~ Scott Atwood, Esq. YLD President ~ Kayla Richmond, Esq.

COMMITTEES History E. Bruce Strayhorn, Esq. & Jenna Persons, Esq. Law Related Education T. Rankin Terry, Esq. Law Week Hon. John S. Carlin Membership Thomas Coleman, Esq. & Diana Dawn Jezik, Esq. Mock Trial Indera DeMine, Esq. Pro Bono Hon. Kathy Sturgis & Mary A. Cosmo, Esq. Annual Charity Golf Tournament Shannon Poupolo, Esq. & Lee County Legal Aid Society Bench-Bar Gala Danielle Butler, Esq. Diversity and Inclusion Ita Neymotin, Esq. & Timothy McCan, II, Esq. LCBA Family Bar-B-Que Scot Goldberg, Esq.

RES GESTAE MAGAZINE Beverly Grady, Esq., Editor

PRACTICE SECTION CHAIRS Alternative Dispute Resolution Anne Dalton, Esq. & Bill Merchant, Esq. Appellate Law Alex Brockmeyer, Esq. & Matthew Irwin, Esq. Criminal Law Marisa Boysen, Esq. & Stephanie Russell, Esq. Family Law Dustin Butler, Esq. & Ryan O’Halloran, Esq. General Civil & Business Litigation George Knott, Esq. & Carlos Kelly, Esq. Land Use & Governmental Law Neysa Borkert, Esq. & Amanda Brock, Esq. Real Property, Probate & Trust Law Kenneth Kemp, Esq. & Matthew Linde, Esq. Solo and Small Practice Section Jason Gunter, Esq. & Conor Foley, Esq. Tort Litigation Preston John (PJ) Scheiner, Esq.

FEBRUARY 2017 | RES GESTAE

Letter from the Executive Director 2017 is officially in full production here at the Lee County Bar Association! Most likely, as you’re reading this, high schoolers from around Southwest Florida are in the Lee County Courthouse participating in this year’s Mock Trial competition. We’re lucky enough to be hosting the 20th Circuit Level Competition in our courthouse as well. I want to thank Indera DeMine for stepping up as the program chair. She’s done an awesome job every step of the way! Have you signed up for the Million Mile Movement? Simply go to the leebar.org Events page, click on the challenge and then navigate to the portal to set up your profile and start logging your progress. Even if running, walking, biking or swimming aren’t your thing, you will find a handy dandy converter tool to help you calculate equivalent miles for rowing, fencing, yoga and almost anything else. The point is to get moving and be kind to your body. Speaking of kindness, our #KindLee campaign is about adding kind acts to your everyday life in an effort to make Lee County an even better place to live, and maybe a little bit about learning how hashtags actually work... The LCBA YLD members who attended the Florida Bar YLD conference were awarded not only “Best Grant Presentation,” but the requested funding for this year’s summer Try-athalon. If you didn’t meet the 2017 YLD board at the January Member Meeting or the After Hours Social, you really need to reach out to these young leaders to try and tap into just a percentage of their energy and excitement. Our planning committees are coming together for the March Shrimp Boil and May Charity Golf Tournament, both of which are going to help provide funding for the newly formed Lee County Bar Association Foundation (the golf tournament will also be helping the Lee County Legal Aid Society). Let me know if you would like to get involved! Lastly, if you are reading this letter and you have not renewed your LCBA membership, this could very well be your last issue of Res Gestae. Your dues and event patronage help to fund the programs and events we do throughout the year – community programs like Mock Trial and Law Week, CLEs and practice section meetings, and the fun events like the Shrimp Boil and Bench-Bar Gala. If you’re on the fence, feel free to come by the LCBA office and see if there is any way we can help you to take more full advantage of your membership. David A. Seitz, Executive Director DSeitz@leebar.org | 239.334.0047 8

RES GESTAE | FEBRUARY 2017

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 Kelly Fayer, Esq. David Seitz Henry Lee Paul, Esq. Dustin Butler, Esq. Kayla Richmond, Esq. Christin Collins 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© 2017. 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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President, Cynthia Duff FEBRUARY 2017 | RES GESTAE

Calendar of Events Some dates for 2017 Section Meetings have not been confirmed - Check our website for details!

February 10

LCBA Criminal Law Practice Meeting Noon – 1 p.m., location TBD

February 15

Junior Achievement of Southwest Florida Law Day 2017

March 9

LCBA Criminal Law Practice Social 5:30 – 7 p.m., The Barrel Room, 2214 Bay St., Fort Myers

March 24

LCBA Membership Meeting

8 a.m. – noon, Lee County Justice Center

Noon – 1 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. The LCBA honors our past presidents

February 17

March 26

Random Acts of Kindness Day! Do something nice for someone to celebrate.

February 17

LCBA Membership Meeting

Noon – 1 p.m., The Marina at Edison Ford (Pinchers), 2360 W. First St., Fort Myers. Lee Health’s Christin Collins will address Lee County’s pediatric mental health crisis.

February 17 and 18

20th Circuit Mock Trial Competition Lee County Justice Center

Annual Bench Bar Shrimp Boil

2 – 6 p.m., Lover’s Key State Park, 8700 Estero Blvd., Fort Myers Beach. $35 members, $50 non-members. Proceeds to benefit the Lee County Bar Association Foundation. Visit leebar.org for more information.

April 21

LCBA Pro Bono Awards Luncheon

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

APRIL 29

LCBA Annual Law in the Mall

February 24

LCBA Criminal Law Practice Meeting 11 a.m. - noon, location TBD

March 3

YLD Meeting

10 a.m. – 2 p.m., The Edison Mall, 4125 Cleveland Ave., Fort Myers. Serve the community with free legal advice. To get involved or for more information, contact Ryan O’Halloran at (239) 3347212 or ryan@ohalloranfamilylaw.com.

May 1

LCBA Law Week Blood Drive

8 a.m. – 2 p.m. Lee Health’s Bloodmobile will be parked at the SE corner of Monroe St. and Dr. Martin Luther King, Jr. Blvd. Luis Rivera is coordinating, (239) 344-1323 or luis. rivera@henlaw.com.

May 4

Law Week Judiciary Appreciation Reception

4 – 7 p.m., Cocktail hour serving complimentary beer, wine and hors d’oeuvres from 4 – 5 p.m. Reception from 5 – 7 p.m. Location and Cost TBD. Coordinated by the Lee County Association for Women Lawyers. RSVP to Dawn Jezik at ddj@blslawyers. com.

May 5

Second DCA Oral Arguments & Students’ Q&A 9 a.m., Lee County Justice Center, Courtroom 4B

May 5

Law Week Awards Luncheon

Noon – 1 p.m., location and cost TBD. The luncheon will honor Law Enforcement Officers of the Year for the City of Fort Myers, City of Cape Coral, City of Sanibel and the Lee County Sheriff’s Department. The Dr. James A. Adams Lee County Teacher of the Year for Law-Related Education will be awarded to an outstanding teacher, and the prestigious Liberty Bell Award will be presented to a deserving community member.

King's Kitchen, 2150 W. First St., Fort Myers 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

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RES GESTAE | FEBRUARY 2017

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Ethically Speaking

ABA GIVES GUIDANCE ON REQUESTING WITHDRAWAL AS COUNSEL By Henry Lee Paul, Esq.

The American Bar Association released formal opinion 476 on Dec. 19, 2016. The opinion provides valuable guidance to a lawyer seeking withdrawal as counsel based on unpaid fees in civil cases. Although the ABA opinion is not recognized as authoritative precedent, it is a persuasive and well reasoned resource that should be consulted when there is an issue involving withdrawal of counsel for nonpayment of fees. The appropriate conduct in requesting withdrawal as counsel is generally governed by Florida Rule 4-1.6 (Confidentiality) and 4-1.16 (Declining or Terminating Representation), which are similar to the Model Rule provisions discussed in the ABA opinion. The opinion suggests that a lawyer’s initial explanation in a motion requesting withdrawal for non-payment of fees should be limited and simply stated as being based on “professional considerations.” The ABA opinion explains, citing the comment to the Rule, that such an allegation “should ordinarily be accepted as sufficient.” The opinion also suggests the judiciary should be sensitive to the duty of a lawyer to maintain confidentiality and should inquire into confidential matters only if it is necessary to reach a decision. In the event of judicial inquiry into confidential information regarding the basis for withdrawal, a lawyer should seek

RES GESTAE | FEBRUARY 2017

to provide any other non-confidential information to the court. In the event a court insists on considering confidential information, the ABA opinion suggests that a lawyer evaluate whether providing confidential information is appropriate in the circumstances. In the event it is decided that providing confidential information regarding non-payment of fees is appropriate in response to judicial inquiry, such response should be limited and restricted. The opinion cautions that any submission of confidential information should be limited to the extent possible. Additionally, any such submission in response to judicial inquiry should be made in camera or with other appropriate protection. Alternatively, a lawyer may seek certiorari review for a denial of a motion to withdraw as counsel. Florida case law often supports a minimal allegation as sufficient to support a withdrawal in civil cases. See Horan v. O’Connor, 832 So. 2d 193 (Fla. 4th DCA, 2002). In Horan, the court reversed a denial of withdrawal based on a mere allegation of “irreconcilable differences.” Federal case law in Florida has expressed what appears to be a more difficult standard for withdrawal in civil cases. Many federal courts in Florida have placed an emphasis on prejudice to the client and judicial economy. See, In re Davis, 258 BR 510 (BR M.D. Fla., 2001). In making an argument in Federal Court, it might be advisable to note that permissible grounds for withdrawal does not require lack of prejudice to a

client. Lack of prejudice is simply one of five grounds for which withdrawal is permissible pursuant to Rule 4-1.16(b). The disclosure of confidential information in relation to a motion to withdraw as counsel is not favored. Inappropriate disclosure of confidential information may violate the duty of confidentiality in Rule 4-1.6 and lead to discipline. See, The Florida Bar v. Knowles, 99 So. 3d 918 (Fla. 2012), Fl. Ethics Opinion 90-2. The ABA opinion is an excellent resource to assist a lawyer in navigating the treacherous issue of appropriate disclosure to support a motion for withdrawal caused by nonpayment of fees. 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. 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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Family Law Practice Section

"Best Interests" – What does that Mean? By Dustin Michael Butler, Esq.

very family law practitioner is familiar with the 20 statutory factors outlined in Florida Statute § 61.13, and a phrase repeated in family court and mediation more than any other is “it is in the best interest of the minor child.” This article is not an analysis of the statutory factors which the Court is to consider and which we as practitioners must argue. Rather, it is meant to spur thought and, ideally, conversation about what we as family law professionals can do within the system to further the goal of resolutions that are in the best interests of the minor child. Unfortunately, our family court system is, and must remain, adversarial. Even

RES GESTAE | FEBRUARY 2017

amicable mediated cases usually involve some component of conflict. The obvious reality is that the parties to the family court system aren’t visiting a lawyer’s office because their relationships are excelling in trust and communication. These are traits which family practitioners should immediately begin to [re]build whenever possible. The reality is that more often than not both parties built a relationship of trust at one time but that trust has now been betrayed, although rarely because of the child. It is important that we help our clients recognize that while a partner may have betrayed the party, this does not correlate to betraying the child. In the event the betrayal is

related to the child both attorneys must work to address and resolve this issue. One of the easiest ways to begin to build this trust is to facilitate communication between the parents. Once the parents start to depend on the lawyer to communicate regarding school decisions, holiday timesharing, etc., they are delegating the most important skill in shared parenting to a third party. Whenever possible we should not allow this, and should remind our clients that we will only be in their lives for a fraction of their child’s lives and that they must continue to parent jointly. In high conflict cases it would be significantly more beneficial for the family to

engage mental health professionals to facilitate counseling and resolve the underlying issues in the family rather than retain them to evaluate and testify. In injunction cases it is important to consider if the parents may communicate regarding the child through safe means such as electronic mail. It is important that we all remember that we are not dealing with fact patterns from law school. We are dealing with peopleâ€™s lives. As we all know, the statute, at least the current one, does not say anything about what the parents want or need. The statute is about the child. No two cases are the same and no two cases should be treated equal. We need to remember Florida does not have a presumptive timesharing schedule and that each case should strive for timesharing and parenting which are in the best interests of the child (not necessarily the most convenient or fair for the parties). The case should be about the child. At the end of the case we have

impacted a child forever, whether or not we ever interact with him or her. The science is very clear that the hostility which exists in high conflict cases permanently impacts the lives of children. We should all strive to leave the family in a better position than when they came into our offices. RG

Dustin Michael Butler is an Attorney with Martin Law Firm, P.L., whose practice focuses in Family Law. He graduated cum laude from the University of Florida College of Law where he met his wife, Assistant State Attorney Danielle Butler. He is currently a cochair of the Lee County Barâ€™s Family Law Section with Ryan Oâ€™Halloran.

FEBRUARY 2017 | RES GESTAE

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YLD Spotlight

Running towards the future By Kayla Richmond, Esq. This year’s programming is really shaping up! In January, Melissa Mongiello, Shirlarian Williams and I had the privilege of attending the Florida Bar-YLD’s Affiliate Outreach Conference in Orlando to present the Lee YLD’s grant idea for our 2017 Tryathalon program. Building off the success of past-presidents Tom Coleman and Scott Atwood’s 2016 Tryathalon, this year the Lee YLD will again host a yearlong “Try”-athalon for the foster children in Lee County, to include bowling, putt-putt golfing, and a beach clean-up, followed by beach day celebration events. We have tweaked last year’s program to include a beach clean-up with the hopes to encourage the children, that in small ways, they can make a huge difference in their community despite their circumstances. Last year we witnessed the children grow, make friends, learn from mentors and experience new things. We are excited to begin planning and offer these events again! We look forward to hearing from the Florida Bar YLD about funding, and to having Lee County young lawyers and LCBA members participate as volunteers at each of the events. Without you, we

could not have such a successful program! While much of the Affiliate Outreach Conference was business, we were able to have some fun enjoying fireworks at Epcot, meeting Mickey & Minnie at breakfast, and running a 5k with Florida Bar President Bill Schifino. We also managed to win an award! That’s right, for the second year in a row the Lee YLD’s Tryathalon program continues to receive statewide recognition from the Florida Bar-YLD. This year, the Lee YLD came home with the “Best Written Grant Application” award! A big thanks to Kristalyn Loson, who was unable to make the conference, but was a huge participant in drafting the grant application.

Photo top: Dream 5K participants. Photos above left to right: Melissa Mongiello, Esq., John Miller, Esq., Kayla Richmond, Esq., before the 5K, Kayla Richmond, John Miller, Mickey and Minnie, Kathryn Hurst-Miller, Florida Bar - YLD President, Melissa Mongiello, Shirlarian Williams, Esq., Kayla Richmond, Esq., after grant presentations.

RES GESTAE | FEBRUARY 2017

For more information on YLD and upcoming Tryathlon events: read this column, attend our monthly lunches the first Friday of every month, visit our Facebook page, or contact Danielle Seitz, Esq. at dseitz@floridaleglarights. com to be added to our email list. Our next meeting is March 3, 2017 at King’s Kitchen, downtown Fort Myers. We hope to see you there! RG

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Moving the needle on pediatric mental health The key to Lee County’s crisis starts with a conversation By Christin Collins

ne out of every five children will be affected by a mental or behavioral health disease from age 14 to 18. That’s 20 percent of our kids. More than half of them go undiagnosed until later in their adult life. Can you imagine a world where a young teenager receives the help he or she needs and deserves at the onset of disease before becoming a struggling adult – or, worse, having succumbed to the disease? Florida is the second worst state in our nation when it comes to funding mental and behavioral services. Lee Country ranks the worst of any county in the state. And when we think about it, it becomes obvious that many of our community issues tie back to these diseases. As an attorney or judge, how many cases do you witness in a year where perhaps the juvenile in your courtroom might be best served with mental health services? How are these diseases being identified and treated? How do we keep young people living with mental illness out of the criminal justice system and instead help them flourish and thrive? Awareness is the first step. Were you already aware of the horrific statistics and rankings I mentioned earlier? Now that you are, the first step in creating change is sharing this information with others. I jump at every chance I get to share this information, and have been doing so for the better 20

RES GESTAE | FEBRUARY 2017

part of the past year. Mental illness has historically been treated as a taboo topic. Clearly, brushing it under the rug has never helped anyone. And when it comes to mental health issues in children, the stakes are greater – but so is the potential for intervention. By opening up a frank dialog about behavioral health, we help to lift the stigma. Since I have begun speaking about these issues, I have yet to encounter anyone who has not reacted on a personal level. Each and every person I chat with nods and cites a friend, relative, co-worker or neighbor who has been touched by a mental health disease. I am incredibly proud, and completely inspired, by the work that we are doing at Golisano Children’s Hospital to help change the statistics. And as the co-chair of the 2017 Southwest Florida Wine & Food Fest, I am even more elated that on Feb. 25, we will raise significant dollars to fund much needed programs for kids who need behavioral health treatment. I look forward to joining the LCBA as

the speaker for your February luncheon so we can dive more deeply into this topic. It will be one meaningful way we can come together as a community and begin to move the needle on this epidemic. Until then, I invite you to look through a different lens. Without proper services to identify and treat mental health issues, we simply never know what someone is going through. RG

At Lee Health, Christin Collins aligns the system’s vision for health, wellness and prevention internally and within the community. She is also the co-chair for the 2017 Southwest Florida Wine & Food Fest, which includes private Chef Vintner Dinners on Friday, Feb. 24, and The Grand Tasting and Live Auction on Saturday, Feb. 25 at Miromar Lakes Beach & Golf Club.

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No kindnes LCBA sends out an endless ripple with #KindLee

By Sara Fitzpatrick Comito

Be kind whenever possible. It is always possible. Dalai Lama ~

Photo courtesy of Jim Jett Photography

RES GESTAE | FEBRUARY 2017

ss too small

FEBRUARY 2017 | RES GESTAE

erhaps it’s cliché to say we live in cynical times. That in itself is a sad commentary. But is it true? Despite what the 24-hour news cycle and current level of political discourse might have us believe, kindness endures – it just rarely makes the headlines. Granted, horrendousness is never in short supply. If its ubiquity has skewed our perception of human nature, however, that’s a problem the LCBA believes it’s capable of alleviating. Remember Dilbert, the hapless, cubicle-bound corporate shirt? While we’d be hard-pressed to identify a lessempowered icon of popular culture, the satirist behind the comic strip is himself a champion of individuals’ potential to affect the greater community. “Remember there’s no such thing as a small act of kindness,” Scott Adams said. “Every act creates a ripple with no logical end.” In the interest of further advancing the aspirations of the enduring LCBA Cares initiative, this organization has now rolled out a grassroots action to encourage and celebrate acts, both big and small, that cumulatively foster a community where stability, engagement and fulfillment are attainable for all. Kindness is a good, old-fashioned value; in the modern age, sometimes hashtags are involved. #KindLee read on. Many in the community have been inspired by LCBA member attorneys Amanda and Brian Bartley and the example of their courage and grace in the face of an unfathomable loss. After their baby, Trevor William Bartley, died at 32 weeks’ gestation due to a rare umbilical cord accident, the couple was open about their grief. Then they gave their friends an incredible gift: the opportunity to imbue their son’s too-brief presence on Earth with rich and lasting meaning. By performing a random act of kindness, everyone in the family’s community had the opportunity to make the world a better place. The couple created a card that friends could hand out to strangers that read: “Please accept this random act of kindness in honor of a sweet baby angel,

Trevor William Bartley.” No fewer than 200 random acts of kindness were performed in Trevor’s memory. In that spirit, LCBA President Kelly Fayer recently convened a Random Acts of Kindness committee, and Amanda agreed to join. Their first project will take place over the course of the year, beginning this month. The LCBA asks members and Lee County citizens to perform random acts of kindness – and catch others in the act, too! – and post a short description and photo, if possible, on social media. Instead of a card, label your post with the #KindLee hashtag and tag @leecountybar. Technophobes fear not – Executive Director David Seitz will happily provide guidance. Just call him at (239) 334-0047. Wouldn’t it be nice if “lawyers” became synonymous in the public eye with “kindness,” at least locally? The #KindLee initiative is a real way you can elevate the public perception of your profession. The irony, of course, is that doers of kind deeds simply don’t do them for recognition, which presented certain challenges in the production of this article. Witnesses came forth with evidence, however, and some amount of unskilled direct examination uncovered aweinspiring acts, both quotidian and herculean. Here are some to inspire you:

Amanda and Brian Bartley, our

inspiration for the #KindLee Ca

mpaign.

grief. Like the Bartleys, Matt Raulerson transmuted his A Members Care feature for this LCB an ed Incidentally, the attorney had contribut Bess held nization, Hope for Trisomy 13 and 18. He and wife month’s issue, highlighting the work of his orga heart from t she died almost two weeks after her birth. Later that nigh time first the for a, Emm hter, daug ature prem their deemed “incompatible Trisomy 18. Infants born with the condition were failure caused by the chromosomal abnormality medical community has a ely pursue surgical inter vention. Even now, the with life,” and therefore doctors did not aggressiv of the Raulersons’ s to facilitate with research funding. The short life hope ion nizat orga the h whic do, to up ing lot of catch to other families. “angel baby” gains everlasting meaning in kindness



RES GESTAE | FEBRUARY 2017

Practice Marisa Boysen, Criminal Law know that she e sta Section co-chair let Res Ge right) in the act caught Jason Rios (pictured wrote to her : of kindness last May, when he in the blazing heat and “Saw this homeless man out . and he was still sitting I felt so bad. Saw him at 8 a.m ed if I could get him in the heat around 3 p.m. I ask d, ‘I just drank two something to drink and he sai ept a hat if I could find sodas.’ I asked if he would acc Walgreens and got the one and he said, ‘Yes.’ Went to clothes. First thing he hat, a mist fan and some clean felt 30 degrees cooler.” did was put on the hat. Bet he



Jason Rios helping homele ss man in Downtown Fort

Kelly Fayer wants everyone to know: “Brooke Martinez, who is on the Random Acts Committee, keeps bags of clothes and supplies in her car at all times in case she encounters someone who is homeless and needs assistance.”

Myers



Retired attorney and Past President John Sheppard (1970) is well kn own for the thousands of teddy bears he and wife Ella have given to children in hospi tals throughout the years. Similar to the Bartleys and the Ra ulersons, the project repres ents a full-circle process that giv es the loss of his oldest son Past President Anne Dalton (2015) believes meaning. Many are also aw are of “Johnny’s” Guinness some things just shouldn’t remain a secret: record for blood donations. “The lord blessed me with “Ralph Elver has never accepted a mediator's fee good veins and relatively good he alt h,” he says. But where does since 1993, saving lots of mediation participants thousands this kindness come from? of dollars in the aggregate.... never told anybody but me. When he graduated high sch ool in 1950, his classmate Gene Prevatt had already deployed to fight in the Ko rean War, where he was wounde sa d. Mr. Sheppard visited him act of kindness. Li an is e lif ily m fa at the hospital. “I felt so ba For some, in the dly, so guilty, about what I ine Wright are each was ist hr C d no t doing, and what he had alr an l ia us M ve ha d an , ead ild y ch do ne er . st He fo loo a ked like a g mummy in the hospital, he process of adoptin was full of shrapnel, I guess r those who have Fo s. ar ye o tw .I r fo went out, sat on a bench an ren d wept.” “Do not be , been fostering child ly al ic at ph em ys There was a blood drive in g, Lisa sa Gainesville the next day. I considered fosterin ed and then giving ch ta at ng tti ge t tho ou ught about him the whole ab ild ch a up time I was donating that pin ve afraid.” People ask gi to sy t and then I donated every e responds, “It’s ea , rm te ng lo ch an ed ce the child back. Sh ac I ha pl t d. I ge we ill nt w to law ey school and came back home in 19 u know th 57. Back then, you had to short term when yo r a placement. Your fo g tin ai wa w it 60 e ar y da an ys before you could give blo od again – now it’s 57 days. and you know so m ite foster parents sp Re e. m ho p ou ” He has given faithfully exc any gr ept during the two years wh home is better than en he ” . wa ed s fig ed hting cancer. are desperately ne is tr ying to adopt d an ild ch r de ol an His kindnesses have earne ed to Christine wanted d John Sheppard a lot of last July. “I don’t ne in ed ov m att ho ention, which makes him w rl ed gi lv d vo ol rin ea be -y e 10 m uncomfortable. That’s why t a had friends who le “I . his id ph sa oto e gra en sh ph ” , be is by no ve ba t ha on the cover of the magaz have a e benefits ine. ildren.” Already, th s Nonetheless, his example should con th on m x si e th with their young ch in h tin uc ue m to ins so pire ow en her gr ything.” generations of lawyers and citizens in Lee Coun er ev , manifest. “I have se es ad gr r he , ty. How’s that for an endless ripple? – emotionally As Lisa Musial told us, "Le she’s been with me t your heart be bigger than you eve r thought it could be."

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FEBRUARY 2017 | RES GESTAE

Legal Lens

2017 Induction of LCBA Executive Council and YLD Board

Michael Hagen, Che Diaz

2017 Induction of Officers Induction of 2017 LCBA Executive Council and YLD Officers luncheon at Sidney & Berne Davis Art Center sponsored by John Webb Legal Group.

Alex Brockmeyer, Joel Hyatt

Jennifer Gutmore, Hon. Devin George, Stepahnie Russell

Anne Dalton, Hon. James Adams, Brandy Woodson

RES GESTAE | FEBRUARY 2017

Photo credit: Jim Jett Photography

Hon. Lee Schreiber, Diane Jensen

Kristalyn Loson, Dennis Avery

Jeanne Sweeney, Kelly Fayer

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Legal Lens

Melisa Giovannelli, Connie Ramos-Williams, Kelly Fayer, Donna Clarke

Erica Castner, John Agnew

Scott Atwood, Tom Coleman

2017 Induction of Officers Induction of 2017 LCBA Executive Council and YLD Officers luncheon at Sidney & Berne Davis Art Center sponsored by John Webb Legal Group. Blake Hampton, Matt Roepstorff, Kelly Fayer, Scott Atwood, Kathy Smith

Photo credit: Jim Jett Photography

Shannon Poupolo, Kelly Fayer, Scott Atwood

Hon. Zachery Gill, Miguel Fernández

Blake Hampton, Kelly Fayer, Amanda Bartley

Hon. Tara Paluck, Ryan O'Halloran

RES GESTAE | FEBRUARY 2017

Danielle Butler, Kelly Fayer, Scott Atwood

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The Dish

CUBAN CUISINE AS COMFORTING AS AN OLD SWEATER Kelly Fayer doesn’t have a lot of time right now to devote to travel, but a lunchtime island escape can be accomplished at San Luis Cuban Café. Tucked behind the Pinewood Plaza, just north of Bell Tower Shops, it’s a true hole-in-the-wall that is well known for huge portions of home cooked comfort food at great prices. “If I were to travel to a different country, I’d want to know where the locals eat,” Fayer said. “This place is like that, and you don’t even need a passport.” Her favorite is ropa vieja, which happens to be considered the national dish of Cuba. The name means “old clothes,” and the slow braised flank steak gets to be so tender it falls apart in strands that give the dish its name. It’s also nomenclature that embraces the humble nature of a cut of meat that takes a little love to get it just right. It will make a softy of everyone, like the familiar weight of a well-worn sweater. Humble is the feel at San Luis, where the News-Press’ Jean le Beouf

RES GESTAE | FEBRUARY 2017

shovel your way through the dome of yellow rice to reveal a whole quarter of falling-offthe-bone chicken. I crave a side of black beans or sweet, fried mature plantains. Kelly likes a tamale on the side, and after one taste, I can understand why. We have a few things in common, like a love of ordering once, eating twice. Unless you’re some kind of hero,

came to rhapsodize about the simply named pork chunk. Ambience is not the selling point at San Luis, which is comfortable enough. There are travel posters that grace the walls, and a flat screen TV beaming an endless stream of telenovelas. My eyes tend to follow the massive mounds of fragrant, steaming food ferried past the table to eager regulars. Somehow I always come here on a Tuesday, when the daily specials include arroz con pollo, which I can’t resist. It’s like a treasure hunt. Just

you’ll want a box to bring back to the office. That way, you will have saved room for a guava and cheese pastry or a decadent flan. This kind of food makes people happy and conversational. The LCBA president and I had met in advance of her official term to discuss her philosophy for the year, including a reaffirmation of the aspirations of the LCBA Cares initiative, which is reflected in this issue dedicated to kindness. In one big act of kindness of her own, Kelly discovered the power of helping others as a way to fall more deeply in love with her profession. A mother dropped her four children off at their grandmother’s house and was later murdered. The grandmother wanted to keep the children in her care, but they had three different fathers (one in prison), and one child had a serious health condition. Kelly filed four different guardianship cases so the grandmother could care for these children, keep them together and help them heal. FRLS presented Kelly with an award for her extraordinary pro bono work, but she felt the grandmother deserved an award. “I was grateful to the family for letting me come into their lives and help them. It was the grandmother who was basically a hero to these children.” Jerry Chipala had been court-appointed to represent the best interests of the children. After his untimely death, he continues to inspire Kelly and many in the community in their quest for kindness. From that conversation, #KindLee started taking shape. From my leftover arroz con pollo, I had dinner. Where do you have the best lunchtime conversations? RG

San Luis Cuban Café 12995 S Cleveland Ave #170, Fort Myers, Florida (239) 225-2822 Open for breakfast, lunch and dinner Mon – Fri 8 a.m. - 8 p.m. Sat 8 a.m.- 6 p.m.

Tell Sara Fitzpatrick Comito about your great finds - from momand-pop cafés to elegant bistros to hole-in-the-wall ethnic eateries. Email Sara@ConricPR.com with your suggestions, and let's do lunch! FEBRUARY 2017 | RES GESTAE

Legal Lens

Joseph Adams, Kelly Fayer, Beverly Grady

Gregory Herrick, Joseph Adams

David Sikes, Matt Roepstorff, Kayla Richmond, Kate Walters, Blake Hampton

LCBA and YLD Reception Reception for LCBA Executive Council and YLD Officers sponsored by Thomas Reuters Westlaw.

Scott Atwood, Spencer Cordell

LCBA and YLD Officers and friends

Spencer Cordell, Kelly Fayer

RES GESTAE | FEBRUARY 2017

Photo credit: Jim Jett Photography

Jonathan Sieg, Brandy Woodson

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LCBA JUDGES CARE Senior Judge James H. Seals

PACE Center for Girls - Lee County When I first came to the juvenile court bench 20 years ago, I was immediately confronted with the irony that my biggest problem was not with the overwhelming majority of offenders who were male, many of whom had committed serious crimes, but with the minority, almost all of which were arrested for minor offenses – the girls. The juvenile justice system was not designed to handle the complex problems and the many special needs of traumatized girls. I felt helpless. Then I heard about the PACE Center for Girls at a national juvenile justice conference. That’s when I learned about gender-specific, gender-responsive best practices in providing a wide range of both educational and therapeutic services for adolescent girls. Their outcomes were exceptional. I wanted a center in Lee County. PACE was an easy sell to many prominent women leaders in our community, and with their spirit, devotion and hard work, along with the help of a few good men, we navigated the many pathways that turned PACE from concept into a physical space with teachers, counselors and staff. PACE – Lee County opened February 5, 2007, and has since helped more than a thousand local girls solve problems I once thought unsolvable. For information, visit www.pacecenter.org/locations/lee.

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LCBA MEMBERS CARE Lori Moore, Esq. Fort Myers Track Club, Board Member Many of us participate in walking and running events for fun, competition or just to be healthy, but have you ever asked yourself where the money from those events goes or who those volunteers are? The Fort Myers Track Club is an all-volunteer non-profit organization founded in 1978 to promote health and fitness through running. The FMTC hosts and partners with local charitable organizations to hold approximately 25 races and fun runs annually, helping to raise nearly $200,000 in funds each year to support local causes like Golisano Children’s Hospital, Moffit Cancer Center, Edison Festival of Light, Strides for Education, Caloosa Humane Society, Habitat for Humanity and Gi Gi’s Playhouse. The FMTC also has an active youth running and development program, hosts weekly public group runs and speed workouts and awards annual scholarships to deserving high school seniors. While being on the Board does typically require some very early weekend hours, I am extremely proud of the generous contributions we make. Start the new year right and consider doing (or volunteering at) an event that will not only help you achieve your goals, but also support and contribute to our community. Email lmoore@ralaw. com or visit www.ftmyerstrackclub.com for more information.

RES GESTAE | FEBRUARY 2017

When Do You Need a Financial Advisor?

You might be a great “do-it-yourselfer” in some areas, such as home repairs. But when it comes to investing, you may need some help. For example, when you’re starting out in your career, you could benefit from working with a financial professional – someone who could help you plan for retirement. A financial advisor could also help create strategies to work toward specific goals, such as saving for a down payment on a home. And every time you have a personal milestone in your life, such as marriage, remarriage or the addition of a child, a financial advisor can help you with all the financial components, such as insurance, new investment accounts, naming correct beneficiaries and more. Finally, when you’re retired, a financial advisor can help you maximize your investment portfolio to provide you with both sufficient income for your desired lifestyle and adequate growth potential to help you stay ahead of inflation. Doing it yourself is fine for building tables and chairs. But when it comes to building your financial future, don’t be afraid to ask for assistance.

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LCBA MEMBERS CARE Matt Raulerson, Esq.

Hope for Trisomy, Founder and Director Trisomy 13 and 18 are genetic birth anomalies which result in life threatening health defects. Hope for Trisomy 13 and 18 is a not-forprofit charitable organization based in Florida and Texas created in honor and memory of all surviving and Angel children with Trisomy 13 and 18 and Related Conditions/Rare Trisomies. The organization has been renamed HOPE FOR TRISOMY to better represent its broader scope. The organization’s Board of Directors is made up of families who have living and angel children with these conditions. We are a tax-exempt, 501(c)(3) charity. Hope for Trisomy has two primary purposes: Research and Support/Services. Hope for Trisomy generates funding for research for Trisomy 13, Trisomy 18, and other rare trisomies and related chromosome disorders, and helps to implement a process to encourage research organizations to apply for grants to conduct research of conditions. Additionally, we are in the development stages of outreach and support related services geared toward helping families whose baby has received a Trisomy diagnosis. Such programs will include education opportunities for parents and medical professionals, advocacy assistance, web-resource development, and financial support. Go to HopeforTrisomy13and18.org for more information or to add your support.

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Absolute Law Aloia Roland & Lubell, LLP Arend & Sisk, P.A. Associates and Bruce L. Scheiner, P.A. Avery, Whigham & Winesett, 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 Costello & Wicker, P.A. DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A. Florida Rural Legal Services Fort Myers City Attorney’s Office Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg 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 Office of Brantley Oakey 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. The North Law Firm, P.A. 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. Wilbur Smith Attorneys at Law 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, email a listing of your attorneys to admin@leebar.org and we will let you know.

FEBRUARY 2017 | RES GESTAE

Advertiser Spotlight

A priviledge to help

“At our firm the consensus is that one of the best things about practicing law in Lee County is the quality of attorneys we encounter in the community,” said Steven E. Martin. The Martin Law Firm hosted the cocktail reception to kick off the illustrious 2016 LCBA Bench-Bar Gala at the Sidney & Berne Davis Art Center in your honor. Members of the local bench should be celebrated, too, for the standards they set for professionalism in the legal system. “I encounter a number of judges who remember what it was like to practice as lawyers,” Martin said. “Our bench in particular embraces its mission to provide a service to the community. Everyday you’re in court, it’s a treat to be dealing with people like that.” Consistent supporters of the LCBA and this magazine, he and wife Eviana J. Martin have even more to celebrate this year as they approach their 10-year anniversary in practice together.

The firm has grown to include six attorneys a number of administrative staff and five office locations; a principal office in Cape Coral and satellite offices in Miami, Naples, Fort Myers and Tampa. Its practice areas round out a comprehensive consumer practice offering representation in personal injury, wrongful death actions, family law, bankruptcy, estate planning, probate administration and complex probate and trust litigation. The Martin Law Firm is unique in that it has taken the traditional corporate ladder structure and turned it on its side. Said Martin, “It’s a very collegial atmosphere. Everyone is treated as an equal within the organization. If we hired you, we trust you are going to be an excellent attorney.”

bono bankruptcy cases per month. When someone is living on $900 of Social Security a month and paying the credit card rather than the grocery store, it’s a privilege to help. For Martin, it’s also a privilege to work with his wife. “She’s a brilliant woman and an excellent attorney.” Call (239) 443¬1094 or visit www.martinlawfirm.com.

It’s also an atmosphere that aims to embody the LCBA Cares ethic. The Martin Law Firm accepts about one to three pro

The Legacy Begins Saving families, one at a time Sheldon E. Finman, P.A. Sheldon E. Finman, Esq.

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FEBRUARY 2017 | RES GESTAE

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Florida Rural Legal Services wants to underwrite $100 of your annual LCBA dues for the Association Year 2017 – just be one of the first 50 attorneys to accept a pro bono case through FRLS before April 20! On April 21, Florida Supreme Court Justice Charles Canady will join us as our luncheon guest speaker for the LCBA monthly meeting. All of the attorneys who took the challenge will be recognized at the lunch for their part in increasing access to justice in Lee County. To sign up, contact Ethel Wells at Ethel.Wells@frls.org or David Seitz at dseitz@leebar.org and provide the area of law in which you are willing to accept a case. FRLS will then follow up to make a match. OR If you come into contact with a new client who may be eligible for pro bono services, refer that client to FRLS for pro bono program screening and a referral back to you! FRLS and the LCBA needs YOU!

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FEBRUARY 2017 | RES GESTAE

In The News Brian J. Hoops has joined the business litigation practice group at Roetzel’s Fort Myers office. He earned his J.D. from Stetson University College of Law, where he was the recipient of both a merit scholarship and veteran’s scholarship. Prior to law school, Hoops received his Bachelors of Science in international business with honors from California State University, Dominguez Hills. He was also a member of the United States Army Reserve Military Police Corps. During his service, he completed a tour of duty in Iraq from 2008 to 2009, where he worked as a member of a police transition team training Iraqi Police. Cary Goggin has been promoted to partner at of Goede, Adamczyk, DeBoest & Cross. He manages commercial and real estate litigation cases from inception through resolution, and is responsible for advising and representing clients on landlord and tenant litigation, as well as real estate transactions. He assists with judgment collection matters and drafts commercial and residential lease agreements. Goggin also advises clients of the firm’s community association law practice primarily in developing effective enforcement and collection litigation strategies. The Florida Bar Board of Legal Specialization & Education has recertified Richard L. Purtz of the Southwest Florida law offices of Goldstein, Buckley, Cechman, Rice & Purtz, P.A. as a Board Certified Civil Trial Lawyer. Purtz was first certified in 1996 and has successfully been recertified every five years by continuing to meet Florida Bar standards that require heightened experience and advanced skills as a trial attorney. A graduate of Tulane University and University of Florida College of Law, Purtz focuses his practice on personal injury, wrongful death and insurance claims litigation. Kevin A. Kyle and Lowell S. Schoenfeld, partners at Green Schoenfeld & Kyle LLP, have achieved the AV Preeminent Rating from Martindale-Hubbell. Kyle is board certified by The Florida Bar as an expert in wills, trusts and estates, and tax law.Schoenfeld is board certified by The Florida Bar as an expert in wills, trusts and estates.

Esther A. Zuccaro has joined the corporate, tax and rransactional practice group at Roetzel’s Naples office. She focuses her practice on civil litigation, real estate law and estate planning. Prior to attending law school, she served as director of business development for a men’s tie and accessory company in Chicago, where she managed wholesale accounts and served as the point of contact for all wholesale buyers and retail customers. Zuccaro earned her J.D. from the University of North Carolina School of Law, and received her Bachelor of Arts from Northwestern University. Thomas G. Coleman has joined the law firm of Coleman & Coleman, where he will practice with his father, John Charles Coleman, and his uncle, Robert J. Coleman. Thomas has been practicing law since 2011, and will continue to focus on litigating commercial, real estate, partnership, probate and trust disputes arising in Southwest Florida. Thomas served as the President of the Lee County Bar Association Young Lawyers Division in 2016 and is a member of the Calusa American Inn of Court and the United Way of Lee, Hendry, Glades and Okeechobee Counties. Thomas attended the University of Miami School of Law where he graduated magna cum laude and was inducted into the Order of the Coif. 44

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In The News Sawyer Smith, managing partner of Wilbur Smith Attorneys at Law, has been appointed to the Conservation 20/20 Land Acquisition and Stewardship Advisory Committee. Conservation 20/20 is an environmentally-sensitive land acquisition and stewardship program in Lee County. The purpose of the program is to preserve and protect environmentally critical land for the benefit of present and future generations in Southwest Florida. To learn more, visit www.leegov.com/conservation2020. Kyla Thomson has been promoted to partner at of Goede, Adamczyk, DeBoest & Cross. She drafts opinion letters, amendments and restatements of governing documents, covenant violation and collection demand letters on behalf of community associations. She attends and facilitates community association membership meetings, elections and board meetings. She provides general counsel on community association matters to boards of directors and management companies. Thomson also manages and supervises a team of paralegals in the firm’s collections and foreclosure practice. Jose C. Leon has joined the business litigation practice group at Roetzel’s Naples office. He focuses especially on research regarding construction litigation, education law, business and commercial litigation, and public law litigation. Leon attended the University of Florida Levin College of Law, where he interned at Fidelity National Law Group’s Florida’s litigation department. Additionally, he served as a judicial intern for the Honorable Alicia Valle of the United States District Court for the Southern District of Florida. Leon received his Bachelor of Arts from the University of Florida.

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SouthweSt Florida’S Criminal deFenSe lawyer Aggressive. Determined. Experienced.

Joe Viacava has successfully defended hundreds of criminal cases and is ready to help you and your client. All lawyers say that they are aggressive, but Mr. Viacava is known as the quintessential aggressive attorney. “Joe Viacava is a pit bull on cross-examination.” –NBC News Payment Plans • Aggressive and Thorough Investigation Top Quality Trial Performance Free, in-depth, personal initial consultation Referrals Welcome Private parking for clients • State of the art law office

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Here for you… yesterday, today and tomorrow Lending Team – From left back row: Geoffrey Roepstorff, CEO; John Ammons, Vice President, Cleveland Avenue Office Manager From left middle row: Willy Ocasio, Assistant Vice President, Office Manager Sanibel – Captiva; Rob Lisenbee, Vice President, Lending; Kim Nyberg, Vice President, Professional & Executive Banking; Liz Aurensan, Vice President, Lending From left front row: Pam Edwards, Vice President, Lending; Leah Kirby, Vice President, River District Office Manager; Robbie Roepstorff, President

Some things should never change, and the commitment and dedication of your bank is one of them. As the oldest locally-owned and operated bank in Lee County, we have been here for you for decades with quality service, personal care and local decision making. That is something you can always bank on. See us for a business loan or a fixed rate residential loan to purchase or refinance. Now is the time to invest in the future, with your local bank. Our customers enjoy the cost savings of Free Online Banking and Free Bill Pay, access to any Publix® Presto! ATM at no charge and Mobile Banking.

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For our convenient locations and services, please visit www.EdisonNationalBank.com or call 239.466.1800