Res Gestae - June 2017

JUNE 2017

LCBA Cares About Diversity

DON'T CALL ME

"BABY" Statewide gender bias survey spurs new LCBA committee

Navigating the diversity maze Dos and don'ts for employers

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

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The marital home is likely the largest joint asset owned by the divorcing couple and there are a number of risks that present themselves when discussions begin on how to handle the asset and the debt.

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Where the divorcing couple will live post-divorce is one of the most important questions that needs to be considered and answered prior to the divorce proceedings concluding.

Especially when children are involved, having a predictable outcome for the security of the family post-divorce is a critical component to the divorce proceedings.

(1) Can one of the spouses refinance the current mortgage without the other spouse.

(2) How will the settlement structure impact their ability to refinance the current mortgage or purchase another home.

(3) What changes may need to be discussed in the settlement structure so that one or both parties may be able to yield the result they are seeking for a new purchase or refinance of the marital home.

Why Should You use a Certified Divorce Lending Professional as part of your Family Law Team?

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A CDLP® is able to recommend financing strategies helping divorcing clients identify mortgage financing opportunities for maintaining the current marital home, while helping to ensure the ability to achieve future financing for a departing spouse.

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Contents

Don’t call me “baby”

AD DIRECTORY

30 23 features 20 One small part of certainty A Supreme Court victory seals a paternal bond

by Bill Thompson, Jr., Esq.

23 Don't call me 'baby' LCBA takes on inclusion

by Sara Fitzpatrick Comito

20

departments 6 Letter from the President

32 LCBA Judges Care

by Kelly L. Fayer, Esq.

8

Letter from the Executive 34 LCBA Members Care

Mary Elizabeth Fletcher, Esq. Director

by David Seitz

10 Calendar of Events 12 Ethically Speaking

by Henry Lee Paul, Esq.

14 Employment Law

Hon. Archie Hayward

36 LCBA Members Care

Frank Aloia Jr., Esq.

38 #KindLee 42 In the News

News and Happenings

by Denise Wheeler Wright, Esq.

16 YLD Spotlight

by Kayla Richmond, Esq.

18 Legal Lens

Law Week

26 Challenge Accepted

LCBA Pro Bono Champions

30 The Dish

4

McGregor Café

RES GESTAE | JUNE 2017

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

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Letter from the President One of my favorite quotes about diversity and inclusion comes from President George Herbert Walker Bush, who said, “We are a nation of communities…a brilliant diversity spread like stars, like a thousand points of light in a broad and peaceful sky.”

People are innately more alike than we are different. However, it is our differences that make us special and unique, and by appreciating these differences, we can actually better discover our commonalities and form more meaningful bonds with each other regardless of ethnicity, gender, age, religion and sexual orientation. Diversity and inclusion make a big difference in meeting this end.

It has been my experience that members of the LCBA aim to treat each other with respect, no matter how similar or different they may be. We celebrate this spirit, and endeavor to achieve greater openness and collegiality by creating a Diversity and Inclusion Committee. Headed up by Ita Neymotin and Timothy McCan II, with judicial liaison Judge Devin George, the committee will offer opportunities for the Lee County community to participate in workshops and other outreach efforts to promote respect for and curiosity about those who are different from us.

Last year, the president of The Florida Bar, Ray Abadin, spoke to us about gender inequality in response to a study completed by the state-level Young Lawyer’s Division. Our Diversity and Inclusion Committee has seized on that luncheon experience as a springboard for more-intensive discussion. At our June meeting, the current president of The Florida Bar, William Schifino, will address our members. Afterwards, we will continue the examination of issues in a discussion with our co-presenters, Young Lawyers Division of the LCBA, Lee County Association for Women Lawyers, and the Isaac Anderson Jr. Bar Association. A panel of local diversity champions will draw on their personal histories and provide case studies to help achieve greater inclusion in the workplace and society at large.

Additional hotels and resorts are coming on board to extend special rates to our members. the Membership Benefits tab at leebar.org for info and enjoy some much-deserved R&R at such beautiful locations as: Bellasera Resort DiamondHead Beach Resort & Spa GullWing Hilton Naples

Hotel Indigo Park Shore Resort Pointe Estero Sanibel Moorings

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

RES GESTAE | JUNE 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 Diana Dawn Jezik, Esq. Mock Trial Indera DeMine, Esq. & Maria Berrette, Esq. Pro Bono Hon. Kathy Sturgis & Mary A. Cosmo, Esq. Annual Charity Golf Tournament Lee County Legal Aid & Shannon Puopolo, Esq. Bench-Bar Gala Danielle Butler, Esq. Diversity and Inclusion Ita Neymotin, Esq. & Timothy McCan, II, Esq. LCBA Family Bar-B-Que Scot Goldberg, Esq Random Acts of Kindness Amanda Bartley, Esq. & Shirlarian Williams, 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 Amanda Brock, Esq. & Erica Woods, 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 I cannot even believe that it’s already June, halfway through 2017, and entering my twelfth month as executive director of the LCBA. I want to thank everyone who has helped to put on a year of fantastic events, attended or supported our programs, and of course everyone who actually reads my emails (if you are not receiving the Tuesday weekly e-news, and you want to, please email me at info@ leebar.org and I can fix that for you).

Lisa and I have streamlined a lot of the processes here in the bar office, which certainly would not be possible without the feedback, flexibility and support of the members. We always want to hear what is, and isn’t, working for you and your firm so we can improve on our amazing traditions. June 1 is the beginning of the year for our Lawyer Referral Service, if you’re not collecting some of the hundreds of calls we receive, there are clients that need your services.

As I write this we are still wrapping up the planning for the charity golf tournament, but with all of the auction prizes, sponsors and players signed up at this point, I’m sure it will be even better than last year’s. I’ve got to say thank you to all of the returning sponsors, and to everyone that donated items.

I especially hope one of our members wins that hole-in-one Audi A5. With the proceeds going to Lee County Legal Aid and the LCBA Foundation, that’s one more #KindLee act the LCBA can celebrate The Young Lawyers Division is kicking into high gear for summer. Their signature event series, the Try-athlon, is in swing, and this month they will be taking foster children from the Children’s Network to Gator Lanes for an afternoon of bowling. Many of these children have never had the opportunity or the means to try any of these activities, and it’s thanks to The Florida Bar and our YLD that we get to bring these events back again this year. In the same vein, next month’s Holidays in July is looking for donors and sponsors to help provide a fun summer celebration for Lee County’s children in need. A big thanks to perennial Summer Santa, Spencer Cordell.

The luncheon for the month of June is also building on events from last year. On June 16, we will have outgoing Florida Bar President William Schifino, Jr. visiting our little corner of Florida. We will be looking to continue the discussion we had with Former President Ray Abadin last summer around gender inequality in the legal profession. The LCBA Diversity Committee, along with the YLD, LCAWL and the Isaac Anderson Jr. Bar, are putting together a presentation to showcase some of the progress that has been made since then. We’ll be hearing from some local leaders, judges, and even law students on the difference a year can make. Head on over to leebar.org for more information!

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

RES GESTAE | JUNE 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. Denise Wheeler Wright, Esq. Kayla Richmond, Esq. Bill Thompson, Jr. 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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JUNE 2017 | RES GESTAE

9

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

June 2

June 23

July 13

Noon – 1 p.m., Twisted Vine Bistro, 2214 Bay St.

8 a.m., Gunter Firm, 1514 Broadway, Ste. 101. Free Starbucks and breakfast items

5:30 – 7 p.m., The Barrel Room, 2214 Bay St.

Young Lawyers Division Meeting

June 9

LCBA Criminal Law Practice Section Meeting Noon – 1 p.m., Twisted Vine Bistro, 2214 Bay St.

June 15

LCBA Family Law Practice Section Brown Bag Meeting Cancelled

June 16

LCBA Membership Member Luncheon

11 a.m. – 1 p.m., The Marina at Edison Ford (Pinchers), 2360 W. First St. Inaugural Diversity Workshop presented by the new LCBA Diversity & Inclusion Committee, with YLD, the Isaac Anderson Jr. Bar Assoc. and LCAWL. Linger afterwards for Q&A and informal discussion. Special guest: The Florida Bar President William J. Schifino, Jr. LCBA members $20, non-members $30, judiciary complimentary

June 17

YLD Try-athlon “Bowling with Buddies”

10 a.m. – 1 p.m., Gator Lanes, 7050 Crystal Dr. Please join us as a volunteer to help organize and bowl with local foster children. RSVP to Kristalyn Loson at kristalynloson@gmail.com.

Solo and Small Firm Section Member Meeting

June 28

LCBA Alternative Dispute Resolution Practice Section CLE Noon – 1 p.m., Courtroom 4-O. Topic: Five Tech Tips in 50 Minutes – Technology in Mediation. This CLE (credit approved) will comply with The Florida Bar’s Technology CLE requirement.

June 30

After Hours Social

5:30 – 7:30 p.m., Twisted Vine Bistro, 2214 Bay St. Presented by the Young Lawyers Division and the Red Shoe Society of SWFL

July 4

Independence Day

LCBA and Courts Closed

LCBA Criminal Law Practice Social

August 4

Young Lawyers Division Meeting Noon – 1 p.m., Location TBD

August 11

LCBA Criminal Law Practice Section Meeting Noon – 1 p.m., Twisted Vine Bistro, 2214 Bay St.

August 31

Land Use and Governmental Law Practice Section Meeting Noon – 1 p.m., Lee County Public Works, 1500 Monroe St.

September 4 Labor Day

LCBA Office CLOSED

September 14

July 7

LCBA Criminal Law Practice Social

Noon – 1 p.m., King’s Kitchen 2150 W. First St.

September 28

Young Lawyers Division Meeting

July 12

LCBA General Civil and Business Litigation CLE Lunch

Noon – 1 p.m., Courtroom 4-H. Topic: Getting Insurance Coverage for Your Client When Sued. CLE credit approved

5:30 – 7 p.m., The Barrel Room, 2214 Bay St.

Land Use and Governmental Law Practice Section Meeting Noon – 1 p.m., Lee County Public Works, 1500 Monroe St.

September 29

2017 Bench Bar Gala

6 – 10 p.m., Sidney & Berne Davis Art Center, 2301 First St.

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

10

RES GESTAE | JUNE 2017

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Ethically Speaking

Avoid the third rail of lawyer discipline Negligent trust account violations are serious matters

By Henry Lee Paul, Esq.

I

recently reported about the Florida Supreme Court’s clear indication that intentional trust account violations will be severely punished, as stated in the case, The Florida Bar v. Wynn, SC15-1323 (Feb. 16, 2017). In the even more recently decided The Florida Bar v. Brutus, SC142499 (May 4, 2017), the Court sanctioned a lawyer with a one-year suspension for what it described as “negligent” trust account violations. The Brutus opinion gives even greater emphasis to the adage that trust accounting is the third rail of lawyer discipline.

The Court has taken a strong position that lawyers will be liable for lack of compliance with the trust accounting rules, whether intentional or negligent. It is my experience that many lawyers simply do not devote the necessary resources to learn not only how to be trust account compliant but also to actually be trust account compliant. Although there is no CLE requirement for trust accounting, The Florida Bar offers a multitude of resources for members on its website.

In Brutus, the lawyer disbursed marital assets held in trust in a divorce case. The

12

RES GESTAE | JUNE 2017

funds were disbursed to his client, for equitable distribution, and to himself for fees. The lawyer did not timely disclose or obtain court approval prior to the distribution of the funds. A subsequent settlement agreement approved the payment of the fees, but required his client to reimburse a portion of the proceeds she received.

The Court found that although the lawyer believed he was justified in disbursing the funds without a court order, he should have obtained court consent in advance.

An audit revealed additional mistakes that resulted in violation of trust accounting rules that did not result in actual harm to any client. The Court found that the violation of trust account rules was negligent and that the lawyer did not have a dishonest or selfish motive.

Despite the finding of negligence and lack of actual harm, the Court reversed the 90-day suspension recommended by the referee and imposed a one-year suspension followed by two-years of probation. This reversal is consistent with the trend of the Supreme Court imposing ever more severe sanctions for lawyer misconduct.

In addition to violation of trust accounting rules, the Court found that Brutus also violated Rule 4-3.4(c) (a lawyer must not knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists).

Lawyers should take heed of the findings in the Brutus case. Whenever there is any doubt about the authorization for the disbursement of funds held in trust, a lawyer is wise to make sure there is full disclosure and authorization. Furthermore, even negligent trust account violations can lead to serious discipline. RG

Henry Lee Paul is former Bar Counsel who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.

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Employment Law

Navigating the diversity maze Dos and don’ts for employers

T

here is frequently confusion about the difference between affirmative action, equal employment opportunity and diversity or sometimes an assumption that they are one and the same. Employers not only need to understand the difference, but they must also understand their obligations and restrictions under each in order to avoid litigation and compliance issues.

What are they?

Affirmative action: Affirmative action plans (AAPs) define an employer’s standard for proactively recruiting, hiring and promoting women, minorities, disabled individuals and veterans. AAPs include numerical measures with the intent of increasing the representation of minorities. The Office of Federal Contract Compliance Programs is charged with enforcing affirmative action mandates.

Equal employment opportunity: Equal employment opportunity (EEO) means freedom from discrimination and harassment on the basis of a protected class such as race, color, national origin, sex, physical or mental disability, religion, age or genetic information. EEO rights are guaranteed by federal and state employment laws and are enforced by the Equal Employment Opportunity Commission (EEOC) and its state counterparts.

Diversity: Diversity initiatives are goals devised to measure acceptance of minorities by embracing cultural differences within the workplace. The value of diversity is achieved through awareness, education and positive recognition of cultural differences within the workplace.

14

RES GESTAE | JUNE 2017

What must employers do?

Federal contractors above certain dollar limits are required to develop and implement AAPs to eliminate any underrepresentation of women and minorities. The AAP is focused on outreach and recruitment methods that encourage specific categories of the population to apply for jobs. Without violating federal or state anti-discrimination laws, other employers may institute voluntary AAPs to remedy past discrimination if certain conditions are met.

Employers with 15 or more employees must implement and enforce an antidiscrimination and anti-harassment policy prohibiting discrimination and harassment based upon race, color, age, disability, sex, religion, national origin or genetic information. When employees raise complaints, employers must undertake an investigation to determine whether or not the complaint is valid and if so, take immediate corrective action. How extensive and formal of an investigation is required and what corrective action is warranted is dependent on the facts and circumstances of each complaint.

There is no law that requires employers to have diversity initiatives. However, diversity is a basis upon which more individuals, businesses and governmental agencies are determining whether or not to form business relationships.

What can’t employers do?

Employers cannot base employment decisions on race, color, religion, sex, national origin, disability, age or genetic information. Employment decisions

By Denise Wheeler Wright, Esq.

include recruitment, hiring, promotion, wages, benefits, work assignments, performance evaluations, training, transfer, leave, discipline, layoffs, discharge or any other term, condition or privilege of employment. Employers may also not retaliate against employees who bring good faith complaints of discrimination or harassment based upon a protected class.

Even employers with AAPs are not allowed to base employment decisions on protected classes as AAPs are designed to ensure equal access to employment opportunities but not greater access.

What should employers do?

Employers should create an environment in which all needs and values are considered and individuals are not penalized for being different, so that organizational and management practices will benefit the entire company. RG

Denise Wheeler Wright is the office managing partner of FordHarrison’s Fort Myers office.

She is Board Certified in Labor and Employment Law by The Florida Bar and focuses her practice on representing employers in all types of employment law issues.

Wright is also a Florida Supreme Court Certified Civil Circuit Mediator and has successfully mediated more than 100 cases with an over 90% settlement rate.

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15

YLD Spotlight

by Kayla Richmond, Esq. LCBA YLD President

Yes, Lee County has a few facilities.

No, I had never been in one until the Lee YLD hosted its inaugural “Day in the Courthouse Event” on April 21. The goal of our event was to introduce young attorneys to offices, courtrooms, and other significant places for the purposes of practicing law in Lee County, and the Lee County Jail happened to be on the agenda.

For one who primarily practices Family Law, I had never set foot inside a jail, nor understood the realities of criminal procedure outside of my law school course. It was an experience.

It was educational in that I now know the processing of a potential inmate, from the initial arrests, to bookings, arraignments, to charges, visitations, housing, meals, transportation and release. It was emotional, evoking respect for the officers that serve at the facility and around the county, interest in and for the inmates, their stories and their families, and a renewed respect for the freedoms we enjoy on a daily basis that are usually taken for granted (like having the power to change the TV channel).

It was also encouraging to learn of lower crime rates, empty cells, and the rehabilitation programs provided. If you have not had the experience of touring and understanding the inner workings of a local facility, I would encourage you to do so – if not soon, then at next year’s LEE YLD Day in the Courthouse.

A big thanks to Honorable Robert Branning and Honorable Josephine Gagliardi, who hosted our Q & A session and swearing-in portion of the event.

16

RES GESTAE | JUNE 2017

Thank you to Scott Attwood and Spencer Cordell who were also on our Q & A panel.

And welcome to those new attorneys that were sworn into the great practice of law.

We look forward to working with you!

winning Try-athlon program, starting June 17 with Bowling with Buddies at Gator Lanes. See p. 10 for details! RG

For more information on the YLD: read this column, attend our monthly lunches, visit our Facebook page, or contact Danielle Seitz, Esq. at dseitz@ floridalegalrights.com to be added to our email list. Upcoming meetings are June 2, noon to 1 p.m. at King’s Kitchen and July 7 at King’s Kitchen. It’s also time to kick off our award-

Top photo (l to r): LCSO Officer Angela Taylor, Kara VanderHeyden, Susanne Obrock, Chris Vignieri, Shaina Zuppke, Indera Demine, Maria Berrette, Kristin Allain, Kayla Richmond, LCSO Officer before entering the Jail. Middle Photo: Honorable Robert Branning, two new inductees to Florida Bar. Bottom photo: YLD happy hour

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Legal Lens

Law Week

Judge Anthony Black, Judge Keith Cary, Judge Susan H. Rothstein-Youakim, Judge Darryl C. Casanueva, Judge John Carlin, Judge Edward C. LaRose

Officers of the Year with Amira Fox

On May 5, we honored Law Enforcement Officers of the Year, plus recipients of the Dr. James A. Adams Lee County Teacher of the Year for LawRelated Education and the prestigious Liberty Bell Award.

Undersheriff C. Marceno, Councilman Johnny Streets, Jr.

Our LCBA attorneys #KindLee gave up part of their Saturday on May 28 to offer free legal advice to the Lee County community at Edison Mall (bottom photos). Thanks to Ryan O’Halloran for coordinating yet again.

Brad Ibach, John Webb, Blake Hampton

Photo credit: Jim Jett Photography

Joanne Atkins, Kelly Fayer, Judge John Carlin

Jorge Santana, Maria Berrette, Jonathan Spellman, Kelly Fayer

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Teacher of the Year - Dawn Voyer, Dan Endrizal

Kelly Fayer, Eviana Martin, Alina Gonzalez-Dockery

Frank & Amy Jean, Kelly Fayer, Liberty Bell winnerJeanie Turner, Dan Endrizal

Jeremiah Ambabo, David Seitz, Tiffany Pereira, Travis Russell

Achieving Financial Freedom

We’re getting close to the Fourth of July, when we celebrate our many freedoms.

The U.S. Constitution grants us many of these liberties, but we have to earn others – such as our financial freedom. How can you achieve this goal?

For starters, always contribute as much as you can afford to your available retirement plans, such as your IRA and 401(k).

Also, try to control your debts as much as possible. The lower your debt load, the more money you’ll have to save and invest. You might also try to build an emergency fund, with the money kept in a low-risk, liquid account. Such a fund can help you avoid dipping into your long-term investments to pay for unexpected costs, such as a big car repair.

Finally, don’t ignore your protection needs. Make sure you have adequate disability insurance to safeguard your income should you become ill or injured. And you need sufficient life insurance to protect your family’s financial security.

By making the right moves, you can declare your own financial independence.

And when that day arrives, it’s worth celebrating – even without the fireworks.

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One small part of certainty A Supreme Court victory seals a paternal bond

By Bill Thompson, Jr.

O

ne true maxim I heard as a young lawyer was, “It takes about five years to feel like you know what you’re doing.”

Fortunately, that was about how long I’d been practicing before I went to work for my father. He’d taught me how to break in a baseball glove, drive a car and order a proper drink. I don’t think we could have survived another ‘learning experience’ together. Also, fortunately (for our clients), I had some excellent teachers and mentors before being thrown into plaintiffs’ trial work.

I struck out on my own after five years – it felt like time. But we continued working cases together and sharing strategies. Discovery of peer review records from hospitals represented one shared area of focus. We both had complex cases that led us down that difficult, thorny and steeply uphill path.

We compared notes and authorities in multiple jurisdictions to build our cases together – achieving some degree of success in West Virginia where he practiced and in Florida where I did.

Mine was the first case to go up on appeal. In 2000, a Twentieth Circuit Court ruled that a hospital had waived its privilege for a peer review investigation and sentinel event investigation conducted by the Joint Commission for the Accreditation of Hospitals (JCAHO) into a falsely reported death. See, The Estate of Mildred Thomas v. Lee Memorial Hospital, 41 So. 3d 246 (Fla 2nd DCA 2010).

Earlier this year, the Florida Supreme Court affirmed a trial court finding based on my father’s argument that 20

RES GESTAE | JUNE 2017

hospital peer review records concerning adverse medical events were not shielded by federal law and must be produced under Florida’s Constitution.

See, Charles v. Baptist Hospital, 209 So. 3d 1199 (Fla. 2017).

The author as a small boy with his father.

Taken together, these two cases stand with others in protecting consumers as well as plaintiffs – even against the efforts of special interest-sponsored legislation seeking to inhibit these consumer and discovery rights.

In Charles, the Supreme Court again (for the last time, perhaps) saved the voter-approved Amendment 7 to Florida’s Constitution from industrysponsored legislative attack. As a result of attacks from the moment it was passed in 2004, we have never lived in an environment where Amendment 7 was working as intended – even though 13 years have passed. Online information is available but only of the

most general type. The Florida statute authorizing written requests for adverse medical incident history was overturned on other grounds.

Familiarity with the body of law that has grown around Amendment 7 and experience litigating both formal and informal discovery requests is essential for lawyers who will play a role in fashioning the rules for finally putting flesh on the bone of this important Constitutional right.

We live in a perilous time for ordinary folk, especially where their legal rights and access to courts are concerned.

Though he passed away before the final decision of the Supreme Court, my father was convinced of the outcome.

I try to carry one small part of his certainty with me like a mandate. As a solo practitioner, it has been easier to bring my own personality to my clients’ work. But Dad liked to say, “Watch me!”

And I still do. RG

Bill Thompson, Jr. is a civil trial lawyer for plaintiffs with emphasis on the investigation, litigation and trial of complex civil actions (in jurisdictions across the State and Country) involving serious personal injury and wrongful death from product liability, medical malpractice, automobile and trucking negligence, airline crash cases and other actions. Thompson has also testified as an expert witness.

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Don’t call me “baby”

LCBA takes on inclusion

By Sara Fitzpatrick Comito

ou’ve come a long way, baby, since legendary copywriter Leo Burnett ostensibly took up the torch of Women’s Lib in 1968 through marketing “a slim cigarette made just for women.” He might have been motivated more by feminism than profit the way the world’s largest cigarette company currently trumpets its dedication to “designing a smoke-free future.” However disingenuous, the chronology of the Virginia Slims ad campaign is worth an occasional review for its reflection of a society evolving, albeit with more than a little kicking and screaming. Smoking certainly became an equal opportunity bad habit. Forty-nine years after the creation of Burnett’s famous tagline, though, how far have we really come?

Community catalyst In 2015, research by The Florida Bar Young Lawyers Division revealed some startling trends. In a random sample email survey of 3,137 women YLD members (with 464, or 15 percent, responding), 43 percent of respondents reported that they had experienced gender bias during their careers, from opposing counsel, an employer or the court. Almost a third of respondents had resigned from a position due to lack of advancement, lack of work/ life balance, gender bias or employer insensitivity.

At an LCBA membership luncheon last year, Florida Bar President Ray Abadin highlighted the YLD survey findings and a lively, if somewhat unstructured, conversation ensued, spilling out into the following months.

With that experience fresh in her mind, Kelly Fayer determined a key initiative of her year as president would be to create the LCBA’s Diversity & Inclusion Committee. Regional Counsel Ita Neymotin and TJ McCann of Luis E. Insignares, PA were named co-chairs of the committee, whose scope would reach into the greater Lee County

Ita Neymotin

community in an unprecedented way, with Judge Devin George cheerfully stepping up as judicial liaison.

If gender bias served as the original impetus for the creation of the committee, the overarching mandate can be ascertained in its name. McCann attested, “I would consider the mission of the Diversity & Inclusion Committee to be a catalyst for promoting the importance of having diverse professionals in our local community and also the State of Florida – to convey these issues not just to our local bar, but to the local community so that we can continue to seek to build a better environment for us and for future generations.”

Paving the way Both of the co-chairs bring special insight to the position. Neymotin was the youngest and first female Regional Counsel in the state of Florida.

She came up through many circles permeating an “all-boys club” culture, and especially met with resistance from critics who insisted a death penalty attorney should be a male in his late60s. Undeterred by that shockingly

TJ McCann

specific cultural narrative, Neymotin said, “I became involved in this committee because I believe that every person should be treated equally.”

As a young gay professional, McCann suggested that without initiatives to promote the conversation in our stillrelatively conservative community, sexual orientation can often be a nonstarter. In echoing his sentiment, Judge George said, “There are a host of topics that make some people uncomfortable but need to be addressed in our profession.” The committee seems well positioned to address them, too. “There doesn’t seem to be one wallflower in our group so the conversations have been very plentiful and meaningful.

Kelly’s enthusiasm is contagious and I can’t wait to see the different dialogues this committee brings to the Bar.” As a co-chair of the new committee, McCann finds himself on solid footing for pushing the discussion along. “I have been very fortunate to have found a firm that embraces and encourages diversity and I hope to be able to inspire enough change that everyone will enjoy a similar experience.”

Judge George is also grateful for others who nudged the pendulum

Judge Devin George

in the right direction. “I think my generation of women lawyers was blessed in that many before me paved the way to be treated more equally and fairly.”

Who shall overcome?

Neymotin’s nudge came from her parents’ expatriation from Kazakhstan when she was just 6 years old. “Having escaped the oppression of the Soviet Regime as a child, I believe we have the greatest legal system in the world,” she explained. “That said, every system that is as big and complex as our legal system is bound to have certain challenges. By working together and ensuring that everyone is heard and respected, we can ensure the continued success of our justice system.”

Judge George agreed about the challenges. “As statistics verify, there is still a long way to go,” she said, “but just the recognition that there is not always equality is a step in the right direction.

I see progress every year in the

increase in women law students and legal professionals. Even the proposed court rules on maternity leave show that gender issues are continuing to be addressed.”

As history demonstrates, gains are made and progress tends to backslide, at least temporarily, in the face of challenges. Women earned the right to vote. Jim Crow laws are a shameful relic of our nation’s past. National Geographic recently put a transgender girl on its cover.

The Americans with Disabilities Act is the law of the land. But, as Judge George told this magazine, “You can’t ignore statistics.”

Now is the time to do the heavy lifting, and the Diversity & Inclusion Committee is ready.

Will you join them?

Maybe, as the marketers have told us, we have come a long way, baby. But maybe it is also the time for more Vonnegut

than Virginia Slims: “There’s only one rule that I know of, babies—God damn it, you’ve got to be kind.” RG

LCBA members will have an opportunity to advance the conversation at the Inaugural Diversity Workshop starting at 11 a.m. on June 16 featuring Florida Bar President William Schifino, Jr., who will provide a statewide diversity update.

Presented by the Diversity & Inclusion Committee in association with the LCBA YLD, LCAWL and the Isaac Anderson Jr. Bar Association. See page 10 for details.

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Challenge accepted

Lee County Bar Association Pro Bono Champions In 2017 Florida Rural Legal Services made some changes to how we celebrate the pro bono champions in our community.

Consequently, the LCBA’s Pro Bono Awards luncheon was moved from October all the way up to April! To help our local legal eagles get in the groove, FRLS sweetened an already-sweet pot and proved what we already know – Lee County’s lawyers’ commitment to helping everyone achieve access to justice runs deep. In response to FRLS’ Pro Bono Challenge, 52 local attorneys agreed to accept a pro bono case by the end of April, eclipsing 2016’s all-year total of 38! None of the following folks do it for the recognition, but that doesn’t mean we’re not eager to dole it out. Join us in celebrating our 2017 pro bono champs:

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John Agnew

Eric Gurgold

Scott Atwood

Cedric B. Hall

Alberto V. Batista

Blake P. Hampton

Elizabeth C. Bentley

Ginine M. Hanco

Bill B. Berke

Robert Henderson

Marie Berrette

Brian J. Hoops

Suzanne M. Boy

Phillip Howard

Katheryn E. Calvo

Derrick G Isaac

Karla Y. Campos-Andersen

Lisa A Musial

Erica D. Cohen

Roger B. O’Halloran

Jay Cooper

Ryan O’Halloran

Spencer A. Cordell

Toni Peck

Holly E. Cosby

Kayla Richmond

Mary A. Cosmo

Matthew B. Roepstorff

Christopher Crowley

Michael A. Scott

Timothy P. Culhane

Danielle L. Seitz

Daniel Dalesandro

Mary Vlasak Snell

Theresa Daniels

Steven Spence

Indera D. DeMine

David Steckler

Terrence M. DeSalvo, Jr.

Barbara M. Trescott

Che Diaz

Leon Walsh

Daniel J. Endrizal, III

John C. Webb

Kelly Fayer

Shirlarian N. Williams

Mary Beth Fletcher

Christine F. Wright

Eva C. Gasser-Sanz

Robert D. Young

Scott D. Goldberg

Shaina Zuppke

liardi, Canady, Schreiber, McHugh,

Judges Swett, Sturgis, Hayward, Gag

Fuller, Weiss

Many of our Pro Bono Champ

ions

Justice Canady, Kelly Fayer

Che Diaz, Judge McHugh

tte Lyn, Daniel Cruz

Ryan O'Halloran, Anne

Judge Hayward, Barbara

Kristalyn Loson,

Trescott, Judge Swett, Jud

ge George

Scot D. Goldberg, Dave Culbreth

van

ady, Christopher Dono

ly Gr Wayne Frohlich, Bever

Blake Hampton,

Shannon Puopolo

Jennifer Gutmore, Michael Anthony Pica

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The Dish

A Fort Myers mainstay gets an update

By Sara Fitzpatrick Comito

M

cGregor Boulevard has been the postcard darling of Fort Myers since it was paved with help from Tootie McGregor Terry and her second husband. The work began after her death in 1900, finished in 1915, and the former cattle run was named after her first husband, which had been a condition of the financing. What a formidable darling she herself must have been. To anyone who knows Fort Myers, through postcards or direct experience, it feels like the tree-line thoroughfare that grants our town the moniker “City of Palms” has just always been here. That’s how I feel about McGregor Café.

I transplanted to the Sunshine State in 2001, a year after McGregor Café took up residence under the oak tree at 4305 McGregor Blvd. I understand it had been

Hot Chick chicken sandwich 30

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a couple of morecasual type eateries until that point. The café is still casual, as evidenced by the colossal mason jars that contain fresh lemonade or iced tea, perfect for sipping in the dappled shade while listening to the birds – leave your smartphone in the car and leave the tweeting to the pros.

Such a gracious setting does the café offer that it would be easy to pass it by like the thousands of cars that stream by on the boulevard every day. That would be a mistake, but

Greek Salad

it doesn’t seem to be a danger with this audience, since I spied more than one attorney during a recent lunch.

YLD President Kayla Richmond (pictured left) was enjoying a healthy breakfast-forlunch al fresco on the patio with a friend. She said, “I’ve been coming to this restaurant since I was in high school.

It’s timeless, and the food seems to only get better through the years.”

A major resurfacing project has brought construction crews to McGregor Boulevard, as I’m sure many of you

Mushroom Tower

are aware. The commotion in no way presents any obstacles for entry to the café, happily. And while orange barriers are unsightly, the native landscaping is an excellent buffer to shield diners from the dust and noise. Incidentally, the café recently installed a handsome new sign to mark its location.

For many, McGregor Café has been an easy fall-back for breakfast or lunch.

The restaurant has endured a couple of ownership shakeups throughout the years. Last year, chef-owner Carlo Di Somma died, leaving things to his capable son Luca, who seems to have a good sense of modern marketplace demands. A Facebook page, for instance, broadcasts specials and promotions with a focus on sustainably harvested seafood.

Wine Wednesday features small plates and wines not on the regular menu.

How about Sangria Sunday? A revamped dinner menu and live entertainment should entice us to put it into our evening food-and-fun rotation.

My problem for lunch is I just can’t help but order the same thing, the Greek salad, full of roasted beets, feta cheese,

Tiramisu Ice Cream Cake

Kalamata olives, cucumbers, red onions and spicy pepperoncini. The vinaigrette is so delicious! At our table recently, a mushroom tower made a fine lunch, fleshy tomatoes stacked with fresh mozzarella on a balsamic marinated portabello mushroom cap, topped with roasted peppers and served on a bed of baby spinach. Soups, salads, sandwiches are all super fresh and tasty. A daily quiche is always a classic. Save room for the tiramisu ice cream pie or “the best key lime pie in Fort Myers.” Them’s fightin’ words, and I will not weigh in except to affirm, that, goodness, it’s mighty fine.

So too, I understand, are the dinners equally fine. I’ve got my eye on the clams with white beans and fennel for starters and maybe the dry aged pork chop with sautéed apples and bourbon demi glace.

But then there’s the jumbo sea scallops with lemony salsa verde.

It’s good to see a mainstay local establishment getting more seasoned as it freshens its offerings. Let’s hope it continues to grace the boulevard for many years to come. RG

McGregor Café 4305 McGregor Blvd.

Fort Myers (239) 936-1771 www.mcgregorcafe.com Mon – Fri 8:30 a.m. – 3 p.m.

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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!

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LCBA JUDGES CARE Hon. Archie Hayward

100 Black Men of Southwest Florida, Mentor When I met Eshaud Tolbert, he was a shy Dunbar High School freshman.

Almost a year later, we have both grown. He has gotten taller and is learning to be more assertive. I’ve grown with pride at his achievements and even learned more about the game of basketball! Just the other night, I helped him celebrate his Microsoft Certification, which will give him a head start on his career.

We became connected through 100 Black Men of Southwest Florida, whose main focus is to influence and transform young lives through a network of mentors. We want to inspire the young African American men in this community to be all that they can be. We also try to give them opportunities to have fun, learn new things, and travel to new places, like Washington, D.C., as you can see in the photos.

In this same community, I was provided guidance and encouragement to achieve my goals.

Without that encouragement I could have had a more difficult journey. As a mentor, my great hope is that this young man will want to give back to others in this community and make it a better place. Learn more at 100blackmenswfl.org

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LCBA MEMBERS CARE Mary Elizabeth Fletcher, Esq.

Southwest Florida Harmony Chamber of Commerce, member Upon admission to the Florida Bar, each lawyer recites the Oath of Attorney.

Within this oath, is a line that inspires me each day: “I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed…”

When I began my practice, marriage equality was not yet a reality in Florida. And while I know our conservative communities can be slow to change, I am somehow still surprised each time I learn that gay and lesbian individuals struggle to find non-judgmental legal representation.

For LGBTQ individuals, even hiring an attorney for happy occasions - like adoption - can be a stressful endeavor. Per our oath, LGBTQ individuals are entitled to legal help - but they also deserve to feel confident, unjudged and comfortable with the attorney they choose.

I encourage attorneys who share this belief to reach out to this community by joining the Southwest Florida Harmony Chamber of Commerce. This new chamber connects LGBTQ individuals with the businesses and professionals who are proud to serve them. Visit swflharmonychamber. wildapricot.org to join.

Gratefully, Southwest Florida is home to a diverse and growing population. It’s a wonderful place where, I am certain, every individual will find the legal support and respect they deserve.

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2121 West First Street • Fort Myers, Florida 33901

27499 Riverview Center Blvd., Suite 113 Bonita Springs, FL 34134

239.444.1727

1420 SE 47th Street Cape SE Coral, FL 33904 1420 47th Street

prime Downtown Cape Coral Location Cape Coral, FL 33904

For More information please Contact

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

Charting a course for business & personal success

Dawn L. Drellos-Thompson, J.D., M.S.M., L.C.A.M.

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LCBA MEMBERS CARE Frank Aloia, Jr., Esq.

Edison & Ford Winter Estates, Director My two daughters are the fourth generation of my family to be born and raised in Fort Myers. My maternal grandmother, Francis (nee Pavese) Miller, was the first generation, the oldest child of Michael Pavese and his wife, Theresa (nee D’Alessandro). Michael and his brothers arrived in a sleepy cow town and opened the Pavese Barber Shop on First Street.

Thomas Edison preferred to have my great-grandfather come to his house to cut his hair. If she behaved, my grandmother was allowed to accompany him.

For more than 10 years, I have been proud to serve on the Board of Directors of the Thomas Edison & Henry Ford Winter Estates, Inc. We completed a major historical renovation of the Edisons’ Home and the guest house after years of neglect, improved the grounds, re-vamped the museum buildings, and created and grew numerous educational programs – the children’s Summer Camp is a particular source of pride. The many monthly events at the Estates truly offer something for everyone in our community.

As she told me about her special excursions with her father, I sensed my grandmother could still taste Mrs. Edison’s lemonade and cookies. Someday I want to tour the Estates with my grandchildren and tell them their great-great grandmother’s stories.

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ESTATE & P ro b ATE LiT iGAT io n

At the crossroads of conflict and estate and trust litigation Settling an estate can be complicated—especially if it is contested and litigation becomes necessary. We represent clients with cases brought to us solely for representation in matters such as breach of fiduciary duty, tortious interference with inheritance, undue influence, contested guardianship, incapacity, and others. Let us be your partner for estate and trust litigation. For more information, contact Eric Gurgold, Esquire, Practice Chair, at eric.gurgold@henlaw.com.

Helping to protect our clients and their loved ones since 1924

henlaw.com • 239.344.1100 © Henderson Franklin Starnes & Holt, P.A.

HEND 26144 LeeBar_Estate.indd 1

Fort Myers • bonita Springs • Sanibel • naples*

by appointment only

*

5/8/17 4:08 PM

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#KindLee do your heart good Over the past few months, it’s done our hearts good to see the #KindLee initiative take off, with folks being caught in the act of being kind. Lee County has a lot of good people, and the legal county has proven itself a great example. Keep on posting publicly on your social media accounts using the hashtag #KindLee and consider joining our Random Acts of Kindness Committee. Eat well, exercise, get enough sleep and do kind acts. It will do your heart good!

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It’s our privilege to practice law in Lee County, home to some of the most professional attorneys in Florida!

Practice Areas: Steven E. Martin Attorney & Counselor at Law

Eviana Martin Attorney & Counselor at Law

Bankruptcy (chapter 7, 11, 13) Complex Divorce & Family law Probate & Probate Litigation Auto Accidents & Wrongful Death Estate Planning, Wills & Trusts

®

MartinLawFirm.com (239) 443-1094

Cape Coral, Florida 3701 Del Prado Blvd South Cape Coral, Florida 33904

Fort Myers, Florida 5237 Summerlin Commons Blvd Fort Myers, Florida 33907 *Appointment Only

Naples, Florida 999 Vanderbilt Beach Road, Suite 200 Naples, Florida 34108 *Appointment Only

AV®, AV Preeminent®, Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are certification marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories - legal ability and general ethical standards.

Super Lawyers is a registered trademark of Thomson Reuters.

Florida Legal Elite is a trademark of Florida Trend Magazine.

YOUR A+ CHOICE IN BAIL BOND SERVICES A comprehensive bail bonding service available to your client 24 hours a day 7 days a week.

Serving all of Florida & most other states!

Any Court, Any Time, Any Where Associated with Expert Bail, we deliver the necessary documents to get your client released as quickly as possible.

Nancy Kelly Scafuri - nancykelly305@gmail.com Main: 239.334.0044 • Cell: 239.443.6404 • Fax: 239.226.0001

GetSmartBailBonds.com 2551 Fourth Street. • Fort Myers, FL 33901

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In The News Kristalyn Loson is one of 31 lawyers from across Florida chosen to participate in The Florida Bar’s Wm. Reece Smith, Jr. Leadership Academy. As part of the academy’s Leadership Class V, Loson is the only Academy Fellow from the Southwest Florida region.

The year-long program of the Leadership Academy will involve a curriculum tailored to enhance professional development, knowledge base and experience, including attending The Florida Bar events and special educational programs. Academy Fellows are given the opportunity to learn more about the inner workings of the Bar and their role in the legal profession, while enhancing their personal leadership skills.

Anne Dalton has been appointed to The Florida Bar Professional Ethics Committee, effective July 1.

She also recently presented a lecture titled “‘Facilitative versus Evaluative Mediation: US Perspectives” at an LLM program at Central European University’s Department of Legal Studies in Budapest, Hungary. She analyzed the benefits and drawbacks of each style and presented a review of liability concerns attendant on various approaches. A diplomate with the Florida Academy of Professional Mediators, Dalton drew on her professional experience of mediating more than 6,000 American court cases with over 20,000 litigants in 40 years of law practice in New York City and Southwest Florida.

Scott Atwood wishes to state: “It was my honor to serve as LCBA President last year, and to run for the Florida Bar Board of Governors these past few months. I’d like to congratulate Marcy Shaw on her victory in the Board of Governors race, and know she will serve the Circuit well over the next two years. I would also like to give my deepest appreciation to all of the individuals who took time out of their busy schedules to vote.Regardless of who earned your vote, I applaud you for taking part in the process and for making a difference. I met hundreds of people on the ‘stump,’ and was encouraged and impressed by the interest that people had in the future of our profession. Keep involved, and thanks again for voting.”

Randall L. Spivey of the Spivey Law Firm, Personal Injury Attorneys, P.A. has been recertified by The Florida Bar as a Board Certified Civil Trial Specialist, a designation he has maintained since 2001. Only 1% of Florida lawyers have achieved the honor of Board Certification in civil trial law.

Spivey has practiced law exclusively in the area of personal injury and wrongful death for more than 20 years, and has obtained numerous record verdicts and settlements in the area of accidental injury, personal injury, wrongful death, motorcycle accidents, slip and falls, drunk driving accidents, and defective products.

Douglas Molloy of Molloy Law LLC, was the keynote speaker at the recent Pasco Bar Association seminar on “Human Trafficking: The Evil Hidden Among Us” in New Port Richey. Approximately 250 lawyers, law enforcement, first responders, and victim advocate group representatives were in attendance.

Molloy is a defense attorney with more than 30 years in the criminal justice system, including as a felony assistant state attorney in Lee County, as the chief assistant statewide prosecutor in Miami and Fort Lauderdale and as the chief assistant U.S. attorney for Southwest Florida for 20 years.

Pavese Law Firm partner Susan McLaughlin discussed alternative dispute resolution during the recent “Ins and Outs of Community Association Law 2017,” presented by The Florida Bar Continuing Legal Education Committee and the Real Property, Probate and Trust Law Section at Stetson Law School.

McLaughlin focuses on condominium and homeowners’ association law, and includes assisting clients with rule enforcement, discrimination charges, insurance claims, breach of contract, and all manner of dispute resolution. McLaughlin is a former arbitrator, mediator, facilitator, and judge pro tem with the Philadelphia Common Pleas Court; former President of the Worker’s Compensation Law Section of the Pennsylvania Bar Association; former faculty member, course planner, and lecturer for the Pennsylvania Bar Institute.

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The North Law Firm, P.A. Accident & Injury Attorneys

Call Joe to Refer a Client: (239)337-1191 Car & Truck Accidents Motorcycle Accidents Drunk Driving Accidents Serious Injury Cases Paralysis Cases Apartment Shootings Gun Violence Cases Courtroom Trials Attorney Joe North

Maximum Referral Fees

Workers’ Compensation Wrongful Death Cases Pedestrian Accidents Bicycle Accidents Dog Bite Cases School Accidents Slip and Fall Accidents Settlements

Joe North has been helping Clients with Injury Cases and Death Cases for more than 25 years.

2915 Colonial Blvd., Suite 201 (in the Fifth Third Bank building) • TheNorthLawFirm.com

Leslea Ellis, LLC

Certified Public Accountant Certified Fraud Examiner

Let Us Draft A Plan For Equitable Distribution

www.LesleaEllis.com

6326 Presidential Ct Suite 2 Fort Myers, FL 33919

(239) 690-6500

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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.

Mark A. Boyle, Esq.

Michael W. Leonard, Esq.

Molly Chafe Brockmeyer, Esq.

Justin M. Thomas, Esq.

Ellen G. Smith, Esq.

Alexander L. Brockmeyer, Esq.

Gregory L. Evans, Esq.

Meagan R. Cyrus, Esq.

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

Amanda K. Anderson, Esq.

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

Insurance-counsel.com

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

JoeViacaVaLaw.com Main (239) 288-5969 • Cell (239) 410-8292 • Fax (239) 288-5572 Available 24/7 - “calls are put directly through to me, not an associate” Calls accepted ANYTIME from ANYPLACE TROUBLE may be found.

2036 McGregor Boulevard • Fort Myers, FL 33901 JUNE 2017 | RES GESTAE

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PRSRT STD U.S. POSTAGE

PAID

FT. MYERS, FL PERMIT NO. 147

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

WE MA K E BA N K IN G AB O U T Y O U !

MAKE THE

connection.

With four full-service banking offices,

our customers enjoy the cost savings of Free Online Banking, Free Bill Pay, Mobile Banking and access to their funds at no charge at any Publix® Presto! ATM. Edison National Bank/Bank of the Islands helps you stay connected any time, any place.

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

An Equal Housing Lender | Member FDIC Bank of the Islands is an office of Edison National Bank.