LCBA Cares About Its Member s
JANUARY 2017
THE HELPERS AMONG US LCBA CARES ignites core values THE NEW BENCH-BAR EXCHANGE
President Kelly L. Fayer gives you a direct line to your judge
THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION
Contents AD DIRECTORY
22 On the cover: LCBA President Kelly L. Fayer
features 14 LCBA cares about its
members...through its practice sections
by Beverly Grady, Esq.
30
22 The helpers among us 2017 brings new focus on core values with LCBA Cares
by Sara Fitzpatrick Comito
departments 6 Letter from the President
by Kelly L. Fayer, Esq.
8
12 Ethically Speaking by Henry Lee Paul, Esq.
16 Legal Lens
Holiday Party
18 Letter from the President
by Kayla Richmond, Esq.
20 Advertisers' Spotlight
4
LCBA Luncheon
Letter from the Executive 28 New Members Director 30 The Dish by David Seitz
10 Calendar of Events
26 Legal Lens
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32 Judges Care
Hon. H. Andrew Swett
34 LCBA Members Care
John Miller, Esq.
36 LCBA Members Care
Sheldon Finman, Esq.
38 100 Club 40 In the News
News and Happenings
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Letter from the President While I usually have plenty to say, I cannot find the right words to tell you what a gift you have given to me by allowing me to serve as president. I do not know if I will be able to find the words to show my appreciation. Instead, I will try to give back as much to you as you have given to me. That is why this month’s Res Gestae is dedicated to the LCBA members. When I made the decision to become an attorney, it was to have the opportunity to help others. That was my spark. In this respect, the profession has not disappointed me. I know you share the same spark and I want to highlight your dedication to others in the community. In this month’s cover feature, aptly titled “The Helpers Among Us,” you’re invited to celebrate your place in this esteemed profession and the privileges it affords you – your spark. As an attorney, you’re in a unique position to help others. In that same article, you’ll learn about the new Bench-Bar Exchange, fostering collaboration and communication between practice sections and their respective administrative judge. Your ideas for improving your experience and your client’s experience in the courtroom are valued and invited. Contact me, and I’ll be happy to help get your suggestion reviewed and addressed. If you haven’t already, join up with your practice section for educational and social meetings, networking and resources for building your practice. Member benefits is another big focus. Now is the time to renew online at leebar.org/ renew! There are lots of reasons you’ll want to be involved this year. Many details are outlined in this issue’s cover feature. A preview: did you know Florida Rural Legal Services wants to pick up part of your membership tab? Find out more on page 23. In concert with the LCBA Cares initative, the long-running “From the Bar” and “On the Bench” profiles will now be replaced with “LCBA Members Care” and “LCBA Judges Care.” In these first-person perspectives, attorneys and judges will tell you about a cause that is near and dear to them. You might discover wonderful organizations that could use your exact expertise to help them accomplish their mission. If you volunteer or are on a board, let us know at resgestae@leebar.org for consideration for these new editorial features. And because everyone’s got to eat, the popular “Dish” column will now feature an LCBA member lawyer or judge as Sara’s dining companion. Let her know about your favorite mom-and-pop, hidden gem or go-to for client lunches or dinner dates at sara@conricpr.com. Again, thank you for the opportunity you have given me. I am looking forward to what we can accomplish together this year.
Kelly L. Fayer, Esq. Kelly@FayerLaw.net | 239.415.3434 6
RES GESTAE | JANUARY 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 Theresa Daniels, Esq. & Diana Dawn Jezik, Esq. Mock Trial Indera DeMine, Esq. Pro Bono Hon. Kathy Sturgis & Mary A. Cosmo, Esq. Annual Charity Golf Tournament Ken Jones, Esq. & Lee County Legal Aid Society Bench-Bar Gala Danielle Butler 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. 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.
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Letter from the Executive Director Happy New Year, everybody! All of 2016 was a whirlwind, but December especially seemed to fly by. The LCBA holiday party at the Veranda Restaurant was a fantastic get together, and we were lucky enough to host Florida Supreme Court Justice Lewis the very next day as he continued championing professionalism in today’s legal field. December also saw the first meeting of the Lee County Bar Association Foundation, which will help make a lasting impact on the attorneys and citizens of Lee County. Please reach out to me if you would like to get involved. January has always been one of my favorite months. As a kid it was mostly because my birthday is coming up, but now as an adult (still debatable), I’ve come to especially enjoy the ritual around setting new years’ resolutions. They’re not just an opportunity to change something in your own life, but a chance to help others achieve their own goals. You can also learn a lot about someone from what they think needs fixing. One of the common steps in setting resolutions is to tell your friends and family about what you’re working toward and why. For some people saying goals out loud helps reinforce their resolve, but for the vast majority of people the benefit is having that network there to help and support them. Do your part this year! Drag your friends to the gym, put together some healthier meals, volunteer with a charity, or just do that thing on the bucket list you’ve been wanting to check off. We are still in need of volunteers for the County and Circuit Mock Trial competitions in February, and we have a host of committees and practice sections that need your patronage and sponsorship. Our new LCBA President Kelly Fayer and the rest of the board have lofty goals for 2017. I encourage you to reach out to the board and find a way to help out. You should absolutely join us for the luncheon and social on January 20th where we will be inducting the new Executive Council and YLD Board members. I especially want to thank the firms that have signed up as annual sponsors – without you we would not be able to provide a quarter of the programming that we do. Thank you!
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. Beverly Grady, Esq. Henry Lee Paul, Esq. Kayla Richmond, Esq. David Seitz 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.
Please be sure to renew your membership and update your directory profile at www. leebar.org/renew, and let us know if you need any help achieving those 2017 goals.
David A. Seitz, Executive Director DSeitz@leebar.org | 239.334.0047 8
RES GESTAE | JANUARY 2017
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Calendar of Events Some dates for 2017 Section Meetings have not been confirmed - Check our website for details!
January 12
LCBA Criminal Law Practice Social 5:30 – 7 p.m., The Barrel Room, 2214 Bay St., Fort Myers
January 16
February 3 and 4
February 24
Lee County Justice Center
Noon – 1 p.m., The Marina at Edison Ford (Pinchers), 2360 W. First St., Fort Myers
Lee County Mock Trial Competition
February 10
LCBA Criminal Law Practice Section Meeting
Martin Luther King Day LCBA office closed
Noon – 1 p.m., Larry’s Lunch Box, 2200 MLK Blvd., Fort Myers
January 20
LCBA Membership Luncheon
Noon – 1:30 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. Induction of Executive Council
January 27
Investiture of the Honorable Zachary M. Gill
3 – 5 p.m., Old Lee County Courthouse Commissioner Chambers, 2120 Main St., Fort Myers
February 15
LCBA Membership Meeting
March 9
LCBA Criminal Law Practice Section Social 5:30 – 7 p.m., The Barrel Room, 2214 Bay St., Fort Myers
Junior Achievement of Southwest Florida Law Day 2017
March 24
8 a.m. – noon, Lee County Justice Center
Noon – 1 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. Honoring our past presidents.
February 17 and 18 – 20
March tbd
Circuit Mock Trial Competition
LCBA Membership Meeting
Shrimp Boil
More information TBA
Lee County Justice Center
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 2017
WE WANT YOU!
IT'S TIME TO RENEW YOUR 2017 LCBA MEMBERSHIP Visit leebar.org/renew for more details. 10
RES GESTAE | JANUARY 2017
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Ethically Speaking
Supreme Court adopts new procedural rules for Mediation application and discipline By Henry Lee Paul, Esq. The Supreme Court amended the Florida Rules for Certified and Court Appointed Mediators effective January 1, 2017. The Court adopted, with minor revisions, the petition of the Supreme Court Committee on Alternative Dispute Resolution Rules and Policy (SC15-875). The Committee stated that the revision is intended to clarify and provide more due process to mediators and applicants. However, the Florida Bar’s Alternative Resolution Dispute Section (ADR Section) and the Eleventh Judicial Circuit’s Mediation/Arbitration Division provided extensive comment objecting to the lack of due process protections afforded mediators. I will address the more controversial provisions of the amended rules.
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The Committee addressed these objections in a lengthy response filed with the Court. Additionally, oral argument was conducted on March 8, 2016, with participation by the Committee and the ADR Section.
fewer than 100 cases per year involving disputed application certification or mediator discipline. Furthermore, the Committee noted that uncertified mediators might still mediate with consent of the parties.
The Committee took the position that the due process interests at stake in the mediator certification application (Good Moral Character) and discipline process “clearly does not rise to the level of the due process ‘private interest’ at stake in grievance procedures involving professional licenses.”
One of the more disputed revisions involves Rule 10.760, which requires that “A certified mediator shall inform the DRC in writing within 30 days of having been reprimanded, sanctioned, or otherwise disciplined by any court, administrative agency, bar association, or other professional group.” There was objection in the filed comments and at oral argument regarding the ambiguity of the language. The Committee took the position that “it should be clear to a reasonable person that a mediator
The Committee justified the revisions, in part, because of the approximately 6,200 Florida Supreme Court Certified Mediators only 50% or less are attorneys. The Committee reported that there are
or applicant is only required to report admonishments or reprimands that are considered by the admonishing entity (e.g. court, administrative agency, bar association, or other professional group) to be disciplinary measures.” Despite the “clarification” expressed by the Committee, this requirement may pose a significant issue as to the necessity to self-report when subject to an “admonishment or reprimand.” Another much discussed issue involves the lack of participation of the respondent in the probable cause determination. Unlike The Florida Bar grievance committee process, the mediation probable cause panels do not provide for respondent participation in the determination of probable cause. Respondent participation is only allowed before the adjudicative hearing panels. A related issue involves the confidentiality and allowable discovery
of information presented to the probable cause panels. The mediation probable cause panels are not required to provide the respondent with information reviewed by the panel. This procedure is in contrast to The Florida Bar discipline practice, which requires any information provided to the grievance committee to be shared with the respondent.
review the materials submitted to the Court in relation to the Committee’s petition to amend the rules. These materials, along with the Mediator Ethics Advisory Committee opinions, are helpful resources to provide guidance to any certified mediator or applicant. RG
It is only at the subsequent adjudicative hearing that the respondent is entitled to limited discovery, including a list of witnesses and copies of evidence to be offered, as well as sworn statements of witnesses relevant to the proceeding.
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.
The burden of proof in discipline matters is clear and convincing evidence. However, a determination of “Good Moral Character” has a preponderance of the evidence standard. Any individual who becomes involved in a disputed mediation certification application or discipline process should
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Practice Section Overview
LCBA Cares About its members… through its practice sections
By Beverly Grady, Esq.
Lee County Bar Association cares about its members, and a big demonstration of that caring is the success of the nine practice sections: Alternative Dispute Resolution; Appellate Law; Criminal Law; Family Law; General Civil & Business Litigation; Land Use & Governmental Law; Real Property, Probate & Trust Law; Solo and Small Practice; and Tort Litigation. Each chairperson takes on a huge responsibility for providing communication to its members, plus continuing legal education throughout the year along and some social networking opportunities. This year there is a new responsibility, with the implementation of the
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Bench-Bar Exchange Program to foster communication between the judges and bar members. This exciting opportunity has been developed by Chief Judge McHugh and LCBA President Kelly Fayer, who unveiled the program to the practice section chairs in November. There will be established quarterly meetings between an administrative judge (Judge Laboda – civil, Judge Porter – criminal and Judge Carlin – family) and the corresponding practice section chairs to provide a forum for a two-way exchange of constructive information.
Members’ concerns and questions can
The meetings will promote informal sharing of information, concerns, process questions or recommendations.
PJ Scheiner, chair of the Tort Litigation
be relayed to the practice section chair and thereafter shared anonymously with the administrative judge. Each practice section chair will work on implementation of this program with its members. The program is a two-way street for recommendations to provide improved service to our clients. The practice section chairs were asked, “What are some of your plans for 2017?” Here is a small sampling of great things to come: Section, said, “The torts section will be holding meetings with experienced,
knowledgeable and insightful speakers – and great food.” Neysa Borkert, co-chair with Amanda Brock of the Land Use and Local Government Section, responded, “We hope to focus our monthly meetings on new and trending issues such as medical marijuana zoning implications and the proliferation of ‘McMansions.’” Proposed changes to local regulations in our six cities and unincorporated Lee County will be another subject. “The Business & Civil Litigation Section will meet on the second Wednesday of March, May, July, September and November, with lunchtime CLEs on topics that improve your litigation skills and knowledge,” said Carlos Kelly, co-chair with George Knott. In 2016 the Appellate Section crosspollinated by joining with the Criminal Law Section on preservation of error with 2nd DCA Judge Casanueva, appellate
attorney Chris Cosden and Assistant AG Martin-Schomaker, and also joined with the Solo and Small Practice Section on an insider’s look at the 2nd DCA. Speaking of the Solo and Small Practice Section, it is our newest section, created in 2015. That section has set up its own Facebook site for its members. Alternate Dispute Resolution Section, with Anne Dalton and Bill Merchant at its helm, will offer six CLE/CME sessions in 2017 focusing on topics to broaden the skills of arbitrators and mediators, to include ethics in mediation and arbitration and employment issues in mediation. An additional duty of the chairs is to prepare an article on the section’s specialty in this magazine, or to delegate that task to a willing section member. This year the focus of Res Gestae’s articles will be to share new law (statutes or case law) or to provide a primer on that practice
area for the rest of us who practice in an unrelated area. – Kelly Fayer calls it “a brief 101 summary of that practice area.” Res Gestae editions will list the practice section meeting times and locations. You are invited to join a practice section that will help build your practice. RG
Beverly Grady is the partner-in-charge of the Fort Myers office of Roetzel & Andress, focusing on environmental, land use, administrative and governmental relation matters. She is Board Certified in City, County & Local Government Law by The Florida Bar Board of Legal Specialization. She currently serves on the Lee County Bar Association Foundation Board and as editor of Res Gestae.
JANUARY 2017 | RES GESTAE
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Legal Lens
Danielle Ligouri O'Halloran, Steven Dommerich, Dan Hanuka
Lisa Poulin, Dan Endrizal
Austin Turner, David Seitz
LCBA Holiday Party LCBA member attorneys and judges, friends and supporters made merry at the LCBA’s Annual Holiday Party, held at the beautiful Veranda Courtyard on Dec. 15. Scott Atwood presents the December Res Gestae to its cover model, Justice Lewis
Kelly Fayer, Asma Anwar, Erin Casey, Shannon Puopolo
Karen Crawford, Maggie Miller, Jenni and Carlos Cavenago
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Photo credit: Jim Jett Photography
Douglas Kemp, Liridona Sinani, Tom Coleman
Traci McKee, Henry Lee Paul
Kellie and Brad Jessen
Judge McHugh, Spencer Cordell, Justice Lewis
Chris Crowley, Theresa Daniels
Avoid Emotional Investment Decisions You’ve probably got some strong feelings about some of your investment goals, such as sending your children to college, retiring comfortably and so on. But to reach those goals, you’ll need to take the emotions out of investing. People who let their emotions govern their investment decisions may make ill-advised moves, such as trying to “cut their losses” by selling investments whose price has dropped – even though it may actually be a good time to buy, not sell. Emotional investing can also lead investors to chase after so-called “hot” stocks, or focus only on short-term results, or even take a “time out” from investing when the markets are volatile. But the best investors create a strategy that’s appropriate for their needs. They stick with this strategy for the long term, only making adjustments as needed – not in response to today’s headlines. It can be difficult to invest successfully – but it may be easier if you invest with your head, and not your heart.
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YLD Spotlight By Kayla Richmond, YLD President As president of the Lee County Bar Association’s Young Lawyers Division, I am excited to update you all on this year’s events and opportunities, not only for young lawyers, but our legal community as a whole. Along with my fellow board members, PresidentElect Kristalyn Loson, Secretary Danielle Seitz, Treasurer Joel Hyatt, Social Chair Shirlarian Williams, Recruitment Chair Indera Demine, and Public Relations Chair Melissa Mongiello, I hope to provide local programming and opportunities that help you grow your practice, resources, local network and involvement in the community throughout the year. The LCBA-YLD has hit the ground running, already receiving two grants from The Florida Bar Young Lawyers Division to help fund local YLD programming for 2017. With these funds we will host a “Day in the Courthouse” event to educate new lawyers on local rules and the practice of law in Lee County and our annual “Holidays in July” event that provides a holiday experience for local foster children.
YLD hosted happy hour at Millennial Brewing Company with Tiger Bay Club and Wilbur Smith Law Firm
Leah and Michael Lehnert, Kayla Richmond, Paul Thomas, Agnieszka Osowicka, Danielle Seitz
Joseph Adams, Jonathan Sieg, Tom Coleman, Kristina Neckar, Leah and Michael Lehnert
Members are also attending The Florida Bar Young Lawyer’s Division Affiliate Outreach Conference (AOC), Jan. 13-14 in Orlando. We will present on yet another grant idea that expands the reach of our successful 2016 TRY-Athalon series of events to include service projects in the community. We have a busy year ahead, and I am excited to keep the momentum from past LCBA-YLD presidents going! The YLD will join the LCBA for lunch on Jan. 20, 2017 from noon – 1 p.m. at the Sidney & Berne to swear in all new board members. That afternoon at 5 p.m., we will host a reception to celebrate new local leaders and kick off the new year. We truly hope you will join us. For more information on YLD events happening in 2017: read this column, attend our monthly membership lunches on the first Friday of every month, visit our Facebook page, or contact Danielle Seitz at dseitz@floridaleglarights.com to be added to our email list. Our next meeting is February 3 from noon – 1 at the Twisted Vine in downtown Fort Myers. I look forward to seeing you all there and to a fantastic 2017! RG
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RES GESTAE | JANUARY 2017
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Von Ahn Associates has helped usher the legal community through several transitions. Now celebrating four decades in service to the court system, Partners Karen Crawford and Maggie Miller have led attorneys to embrace technological change to increase efficiency and promote more effective advocacy. According to Crawford, “Our profession has seen numerous changes since Maggie and I started as court
The two partners attribute the company’s prestige to an old-fashioned emphasis on personal attention to every client. Naturally, no court reporting agency would be around for almost 40 years without a reputation for excellent customer service, accurate transcripts and prompt turnaround. In addition to its main office on McGregor, Von Ahn now has offices in south Fort Myers, Naples and Punta Gorda. Miller explained, “Our clients encouraged us to expand into neighboring counties to
further service their needs. We listened and responded to their requests.” Von Ahn has long been a supporter of the LCBA. “The members are who we work with every day. That’s our bloodline,” said Crawford. Likewise, the team of court reporters at the agency are a lifeline to attorneys – and, often, lifesavers. On the occasion that a last-minute request is made, the company prides itself on doing what needs to be done to get a court reporter to cover that request. No two days are ever the same in the court reporting business, which makes it exciting to come to work every day. Von Ahn has a large group of reporters with powerhouse personalities who really love their job, love meeting with clients every day and are willing to work long hours. RG
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THE HELPER
2017 brings new focus on co
Photo courtesy of Jim Jett Photography
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RES GESTAE | JANUARY 2017
RS AMONG US By Sara Fitzpatrick Comito
ore values with LCBA Cares
2017 LCBA Executive Council. Left to right, back row: Kathy Smith, John Webb, Blake Hampton, Daniel Endrizal, Spencer Cordell. Front row: Matthew Roepstorff, Kelly Fayer, Scott Atwood (Scot Goldberg2017 and Kayla Richmond not pictured) JANUARY | RES GESTAE 23
al
Sco tt A two
od
Kel ly F aye r
to give a lot more thought to that question this year. This month, Kelly Fayer assumes the mantle of president of the Lee County Bar Association and, along with it, a deepening commitment to her primary goal since joining the Executive Council of the LCBA, the establishment of LCBA Cares. Now in its second year, this enduring initiative will realize more of its aspirations on the merits of the groundwork that began in 2016 with the collaboration of last year’s president, Scott Atwood, and next year’s president, Daniel Endrizal. “We know this is a worthwhile endeavor that will prove to be a lasting benefit to the community and the legal profession,” said Fayer.
the first time, she realized becoming a lawyer would give her the greatest tools and position to deal with some of our most troubling societal problems. Next month, she’ll celebrate 11 years in her own firm, Da nE ndr iz
“Why did you become a lawyer?” You’ll be asked
representing 20 years total of helping clients prevent and resolve problems of their own. That
Spe nce rC ord
Joh n
ell
The objectives of LCBA Cares are concrete, and, Fayer believes, will be meaningfully accomplished to the extent that this organization reaffirms its commitment to its members, and its members likewise reconnect with their original spark for becoming a lawyer. In his first inaugural address, Abraham Lincoln appealed to the better angels of our nature. Kelly Fayer believes it is exactly those angels that, in some guise or another, brought you to the legal profession in the first place. You may or may not recall this original spark, but somewhere you developed a desire to help others and found your calling. Fayer recalls seeing a newspaper story about a young boy who died as a result of child abuse when she was a teenager. For
We bb
Original spark
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RES GESTAE | JANUARY 2017
impulse to help, she suspects, is what spurs most of her colleagues to pursue the profession. Certainly, LCBA members tend to represent the “helpers” among us. That’s good news! Because LCBA Cares is designed to promote and recognize that
helper in each of us. With Fayer at the helm, Daniel Endrizal assumes the position of vice president, and John Webb is secretary. Public defender Kathy Smith brings valuable public sector perspective as elected member at large. Newly elected Member at Large Matthew Roepstorff has gamely accepted the role of treasurer. Blake Hampton, who has already held an office with the YLD and sponsored multiple LCBA events, is the president’s selection for third member at large. Returning board members, to Fayer’s delight, are Scot Goldberg, who will take charge of the annual LCBA Family Bar-B-Q, and Spencer Cordell. Scott Atwood will continue to be an asset as he enjoys president emeritus status. Kayla Richmond steps up as YLD president, continuing the renewed vigor and fundraising momentum established by that dynamic group over the past few years. Fayer and Endrizal represent the last of the “old guard,” having come up through the ranks over the course of a five-year commitment to the LCBA. The LCBA’s bylaws were amended in 2014. Fayer explained, “The change expanded the board, resulting in a greater representation of the overall makeup of the bar, encouraging the free exchange of ideas, making it more energetic and inclusive.” Fayer has now established an Advisory Board of past presidents. “Every president arrives hoping to leave the bar in a better place,” she said. “A lot has changed since many of these folks led the organization, but their influence keeps us connected to our core values, and their perspective is invaluable.” A luncheon to honor past presidents is in the planning stages. “As the LCBA evolves to better serve its members, I want to honor our history and traditions,” Fayer enthused.
LCBA Cares for its members This magazine will serve as a vehicle for advancing Fayer’s mission. Former Member at Large Beverly Grady
Ric hmo nd
Kay la
with Florida Rural Legal Services: accept a case between now and April 1, and FRLS will contribute $100 toward your LCBA dues.
ke H amp ton
graciously returns in her role as editorial liaison between the publishing team and its valued readers. You’ll notice a monthly theme on each cover. This month it’s “LCBA Cares about its Members.” The LCBA will continue to expand its offering of CLEs, which will coincide with monthly luncheons and practice section meetings when possible. A monthly offering of educational articles from practice section chairs is offered throughout the year. The practice section chairs will also enjoy regular access to their respective administrative judges on a quarterly basis, representing a collaborative effort to better meet the needs of clients, their advocates and the courts. On Nov. 29, Chief Judge Michael T. McHugh met with the chairs of LCBA’s practice sections, plus the YLD, as an orientation to break in the concept of the Bench-Bar Exchange. Fayer said, “If you have an idea on how to improve the practice of law, please let your practice section chair know. Their meetings with the judiciary will facilitate meaningful progress, resulting in better representation for your clients.” Rest, relaxation and recreation are also integral components to caring about LCBA members. Fayer has been busy negotiating hotel discounts around town for LCBA members who need a quick getaway close to home. Scott Atwood has agreed to chair the successful Shrimp Boil, which will remain a much-anticipated event every spring. The Bench-Bar Gala was another illustrious success that will return to the Sidney & Berne Davis Art Center for 2017.
LCBA Cares for its community Because recognition of those who go above and beyond to help others cannot wait, the Pro Bono Awards luncheon will be moved from the fall to April. Pro bono service is its own reward, but to sweeten the deal, the LCBA has negotiated an attractive arrangement
Ma tth ber g
Kat hy S mit
h
co-chairs of the Pro Bono Committee, the Honorable
ew Roe psto rff
Bla
Fayer is also excited about the newest
Sco tG old
Kathy Sturgis and Mary Cosmo. A new Diversity and Inclusion Committee will be chaired by Regional Counsel Ita Neymotin and Timothy McCan. Women’s groups and female law students will be invited to participate in a public forum after
an inclusion-themed CLE and luncheon. Fayer is also exploring other opportunities to directly interface with the community. For example, “A Random Acts of Kindness Day” to be organized next month will grant the public a truer sense of the legal profession than what’s available in sensationalist headlines and TV dramas. Fifty years ago this March, the LCBA realized an under-served portion of the community was being denied access to the justice system. This led to the creation of the Lee County Legal Aid Society, supported in part by a portion of LCBA dues. This organization not only survived with $60 from each member per year, but thrived. The LCBA will now enhance its longstanding support by contributing funds from its annual charity golf tournament, rather than through dues. Accordingly, Legal Aid will now be the co-chair of the Annual Charity Golf Tournament Committee. For one year, the LCBA will allocate the $60 dues assessment previously designated for Legal Aid as seed money to its newly created LCBA Foundation, established as part of the LCBA Cares initiative. The foundation is poised to start awarding grants to worthy local causes this year. These changes will allow the LCBA to help even more members of the community. The time and effort put forth by LCBA members in recent years has led to the success of LCBA and LCBA Cares, which has made possible another benefit: next year, dues will be reduced by $60. LCBA Cares means what you already know, and what the greater community should know too: that the legal community, as represented by the LCBA’s 800-strong members, seeks to enhance the quality of life for all who call beautiful Lee County home. That includes you! RG JANUARY 2017 | RES GESTAE
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Legal Lens
Martha Ellis, Drew Cummer, Audrey Moberg
Yuli Kotler, Eve Greenberg
Scott Atwood, Henry Lee Paul, Hon. Michael Brown, Hon. Josephine Gagliardi
LCBA Luncheon Ita Neymotin, Regional Counsel for the Second DCA Region; Henry Lee Paul, Ex Officio Member of the Florida Supreme Court Commission on Professionalism, and the LCBA presented a CLE on Ethics in Florida Courts on Dec. 16, featuring Florida Supreme Court Justice Fred Lewis.
Hon. Michael Brown, Hon. Ramiro Mañaliche, Spencer Cordell
Photo credit: Jim Jett Photography
Justice Fred Lewis
Henry Lee Paul, Jason Hunter Korn
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RES GESTAE | JANUARY 2017
Valerie Morgulis, Michel Doherty, Lori Kane
Ita Neymotin, Hon. Randolph Henderson, Justice Fred Lewis
Scott Atwood presenting Res Gestae cover to Justice Lewis
Photo credit: Bernadette LaPaglia
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The Dish
By Sara Fitzpatrick Comito “I think I’m going to Kathmandu,” Bob Seger sang. Judge Archie Hayward might advise the rock n’ roller to first do some research about the phenomenon known as the banda – in Nepal, labor strikes occur with some frequency. He should know, having experienced a lack of transportation options once arriving at the Himalayan city as a side trip along his travels of India’s famous Golden Triangle. It’s the kind of wisdom one gains when dining with the judge, as this writer was lucky enough to do recently. In addition to traveling with a college buddy, the judge enjoys sampling ethnic cuisines at hidden mom-and-pop gems in Lee County. Appropriate to our conversation, we met at Le Gourmet India, a real hole in the wall offering real-deal home cooking
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RES GESTAE | JANUARY 2017
made by owner Mehfuza (or “Meh” for short) and her helper, Maria. “I always love to travel,” said Judge Hayward. “It’s my favorite thing to do besides eat.” The Golden Triangle circuit connects New Delhi, Agra and Jaipur. Along that route, the judge experienced the wonders of the Taj Mahal. He witnessed a funereal fire on the banks of the sacred Ganges River. He can relive part of the experience by heading out from the Justice Center and traveling about a mile south on Cleveland Ave. At Le Gourmet India, such is the emphasis on freshness that nothing is prepared until it is ordered. A small menu of specials makes up the entirety of the day’s offerings. It’s the opposite of fast food. Consider calling ahead, as the judge did. Meh had been involved in a scary car accident on I-75 the day before our visit. She was fortunate to walk away physically unscathed, but pretty badly shaken up so that she considered not opening the restaurant on this Friday. However, she knew the judge was coming in. Plus, she had a catering order for her mosque to prepare and many thanks to Allah to express by way of her work. Over bowls of basmati rice, the unleavened flatbread known as roti and three fragrant curries, the judge spoke about his upbringing. His father was a shrimp boat captain, “fishing the Gulf from Fort Myers to Campeche,” and his mother a maid and cook for the family of
George Sanders, the building developer of Edison Mall fame. “It was because of her that I learned to love to eat so much,” he remembered with a fond chuckle. On his 24th birthday, Judge Hayward gave himself a challenge that he now considers a great present. “You eat a certain way because of your parents. I decided to become a vegetarian for a year as a matter of choice.” When the year was over, he decided he didn’t miss eating meat. My considerate dining companion had nonetheless considered this dedicated omnivore when pre-ordering by phone. Alongside the fragrant palaak paneer, a rich gravy of spiced greens like spinach and mustard with cubes of buttery homemade cheese, and a fragrant, charred eggplant curry called baigan bharta, Meh placed a bowl of brightly spiced chicken jalfrezi that was as satisfying as it was pretty with its multicolored strips of bell peppers. A mango lassi, a refreshing yogurt-based beverage, was the perfect palate cleanser between dishes and conversation topics.
Over this indulgent repast, delivered in the most casual, unassuming atmosphere, I got to know one of our esteemed county judges on a level that would not have happened if not for the simple pleasure of a home-cooked midday meal. I would not have known, for instance, that Judge Hayward recently learned how to play basketball so he could bond with a Dunbar High School freshman he’s mentoring through the local 100 Black Men organization. When I disclose I’ve never been overseas, the judge is taken aback. “What are you waiting for?” he admonishes. Maybe the Indian subcontinent will one day be in the cards. I’m quite fond of its cuisine. RG
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LCBA JUDGES CARE Hon. H. Andrew Swett
Bishop Verot Catholic High School girls’ soccer coach I have loved soccer since my family moved to Seattle when I was in third grade and I first played the game. I have coached my children since they were little, and only quit when they wouldn’t listen to me anymore (that came way too early). I also helped run a local youth club for about 15 years, but my love for the game dwindled because I wasn’t coaching. I was recently asked by a good friend to be his assistant coach for the varsity girls’ team at Bishop Verot. I also coach the J.V. team. My love of soccer has been rejuvenated as a result. What I love most about coaching is interacting with young people. Being around kids is my favorite activity. So coaching kids in a game that gave so much to me is a dream come true (much like being a Judge). What I treasure most are the quiet moments when a player does something in a game that we have worked on or adopts some tip I have given her. It is a great feeling when the players come tell me that some technique or tactic I taught them has helped them succeed.
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LCBA Members MEMBERS Care CARE John Miller, Esq. Child Care of Southwest Florida, chairman A quality early childhood education costs more than four years at a state university. This statistic made me think, “How do families provide child care without going broke in the process?” So I joined the board of Child Care of Southwest Florida, and now serve as chairman. Many people don’t even know this 40-yearold organization exists. Without it, hundreds of families would be forced to find alternative child care arrangements or remove themselves from the workforce. CCSWFL operates six early childhood education centers throughout Lee and Hendry counties. If I am having an especially stressful day, I stop by and watch our teachers and students in action. CCSWFL’s scholarship program and School Readiness funding from the Early Learning Coalition help give deserving families, who would otherwise be priced out of the market, affordable, quality child care. Lacking a quality early childhood education, a child is 25% less likely to graduate from high school, 40% more likely to have a teen pregnancy, 50% more likely to require some level of special needs service, 60% more likely not to attend college, and 70% more likely to commit a violent crime. Help us provide the necessary foundation for a lifetime of success at www.ccswfl.org.
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LCBA MEMBERS CARE Sheldon Finman, Esq. The Family Resource Center, president The Family Resource Center is a court-approved parent supervision agency. We are a working Board of incredibly dedicated, caring, diverse persons with the single mindset of helping kids reunite with parents. Forming under the auspices of the Family Law Advisory Group more than 10 years ago, we got supervision for court-referred parents implemented about five years ago. The reward for our persistent efforts is the privilege of providing a safe place to monitor and observe interactions between the parents and children, fostering appropriate conduct. We have no source of funding other than private donations, mainly from a silent auction at the annual Assoc. of Family Law Professionals conference. We finally have our own office, having occupied space at the former Silver Psychology Center, and more recently at the CAC building with Jill Turner’s gracious consent. Leasing space at 2130 Winkler Road, Suite J, adjacent to the Atrium commercial building, we “opened for business” on Dec. 1. We are also engaged in strategic planning with the assistance of Stanley Nelson of LCSO. Judge Starnes volunteered to lead our first planning retreat three years ago. We’d love you to help us take the next step. Email me at shelly@finmanlaw.com to get involved.
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Absolute Law Aloia Roland & Lubell, LLP Arend & Sisk, P.A. Associates and Bruce L. Scheiner, P.A. Bergermann Law Firm Bonita Springs City Attorney’s Office Boyle & Leonard, P.A. Burandt, Adamski & Feichthaler Buchanan Ingersoll & Rooney PC Calvo & Calvo Coleman & Coleman Cole, Scott & Kissane, P.A. Cole Scott & Kissane, P.A., Bonita Springs Office Costello & Wicker, P.A. DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A. Florida Rural Legal Services Fort Myers City Attorney’s Office Fried & Fried, P.A. Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg 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. 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.
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In The News Derrick Gregory Isaac has joined Goldstein, Buckley, Cechman, Rice and Purtz, PA, and will specialize in general law, civil litigation, and personal injury law. Isaac graduated from Florida State University College of Law where he received his Juris Doctor degree. He is a member of the U.S. District court, Middle District of Florida and Florida Middle District Bankruptcy Court. He is presently the chair of the City of Fort Myers Planning Board and is a member of the Lee County Bar Association. He previously worked as a staff attorney for six years with Florida Rural Legal Services, Inc.
Gus Simmons and the Simmons Law Firm, P.A. are happy to welcome Nicole R. Brunswick to the firm as a new associate attorney. Brunswick is focusing her practice on family law services, which includes divorce, child support, paternity, parenting and time sharing issues. Brunswick grew up in Fort Myers and is a graduate of Bishop Verot Catholic High School. She attended the University of Central Florida for her undergraduate studies and Stetson University College of Law for her J.D.
Jeffrey D. Fridkin has received his recertification in Civil Trial Law by the Board of Legal Specialization and Education of The Florida Bar. A founding member of Grant Fridkin Pearson, P.A., Fridkin has practiced law in Southwest Florida since 1985. He has been a Florida Bar Board Certified Specialist in Civil Trial Law since 1995 and a Florida Bar Board Certified Specialist in Business Litigation since 1996. He has represented clients in hundreds of substantial disputed matters involving many areas of commercial law, including contracts, construction, business dissolutions, wills and trusts, intellectual property and personal injury. Jennifer Hammond has joined Green Schoenfeld & Kyle LLP. With more than 18 years of business and legal experience, Hammond’s areas of expertise include estate planning, trust administration, taxation, probate, corporate, business and partnership law and wealth preservation. Prior to joining the firm, she practiced law in Columbia, Maryland and was a business consultant for KPMG LLP in Baltimore, Washington, D.C., and London. Hammond is a member of the American, Florida, Lee County and Maryland Bar Associations. She earned her J.D. from the University of Baltimore and an LLM in estate planning from the University of Miami. Carlos A. Kelly, a stockholder in the Business Litigation practice group at Henderson, Franklin, Starnes & Holt, P.A., was elected to the Uncommon Friends Foundation board of directors. The Uncommon Friends Foundation is a nonprofit organization dedicated to lifelong character building among today’s youth and business leaders. Its mission is to promote character education in schools, business ethics in the workplace and historic preservation of the Burroughs Home and James Newton Archives. Kelly also serves on the Imaginarium Science Center board and on SalusCare’s Finance Committee. He is a member of the Real Estate Investment Society and The Florida Bar's Eminent Domain Committee. Laird A. Lile of Naples-based Lile & Hayes has been named to the newly formed Guardianship Work Group of the Florida Supreme Court’s Judicial Management Council. The Guardianship Work Group will examine judicial procedures and best practices pertaining to guardianships to ensure Florida state courts are protecting the well-being of persons deemed by a judge to be incapacitated and those alleged to have diminished capacity. The creation of the work group is intended to advance the mission of courts to ensure that guardians are acting professionally to promote the welfare of those whose affairs they are managing.
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In The News Ian A. Northon of Roetzel & Andress, of Roetzel & Andress attended the prestigious Young Leaders Conference in Basel, Switzerland. “It is a singular honor to have participated in this unique program. Not only did I get to know Switzerland and her entrepreneurial traditions firsthand, but I was part of an established person-to-person effort to deepen the ties of friendship between the two oldest democracies in the world,” said Northon. Aside from his focus on business law, Northon manages investments in his company, Conquistador Holdings, LLC, which focuses on commercial and residential real estate and sideventures in Bitcoin mining, cryptocurrency solutions and traditional energy production.
Cheryl Hastings and Michael Traficante of Grant Fridkin Pearson, P.A. have each received an AV Preeminent Martindale-Hubbell Peer Review Rating. The rating indicates an attorney is deemed to have high professional ethics and distinguished legal ability. Hastings focuses her practice in residential and commercial real estate development and finance, including mixed use and water-front projects. Traficante concentrates his practice in complex commercial and civil litigation involving real property, business, construction, wills/trusts, and commercial issues.
Michael Corso, chair of the Tort & Insurance Litigation department at Henderson, Franklin, Starnes & Holt, P.A., presented “An Engineer’s Legal Clinic, Bird’s Eye View of Aviation Law, Including Drones” to students at the Aerospace Engineering Department at Cal Poly Tech in San Luis Obispo, California. The discussion explored the current state of the laws and future legal needs of the aviation community now that unmanned aircraft systems are becoming widely used in commercial applications, including in the engineering industry. Corso has been Florida Bar Board Certified in Civil Trial Law for more than 30 years and more than 20 years in Business Litigation Law.
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 5 years by continuing to meet Florida Bar standards which 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.
Have news? Send to resgestae@leebar.org
JANUARY 2017 | RES GESTAE
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Insurance Recovery Advocates Our firm routinely handles and accepts referrals of appellate matters in both state and federal courts. Legal advocates for the rights of policyholders in insurance recovery, risk transfer, additional insured coverage, coverage disputes and denials, claim representation, and bad faith litigation. Representing buyers and sellers in all of their commercial and residential real estate transaction and litigation needs.
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