LCBA Cares About tradition
MARCH 2017
THE VOICE OF EXPERIENCE Past Presidents shape the future
No laughing matter Unprofessional conduct, serious consequences THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION
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Contents On the cover: Past LCBA Presidents were honored at a social held at the Veranda Restaurant in downtown Fort Myers.
22 features 16 Fun, sun and crustaceans for
a cause
24 The voice of experience
Past Presidents Advisory Council shapes the future
by Sara Fitzpatrick Comito
30 departments 6 Letter from the President
by Kelly L. Fayer, Esq.
8
Hon. Josephine Gagliardi
Letter from the Executive 36 LCBA Members Care Indera DeMine, Esq. Director
by David Seitz
10 Calendar of Events 12 Ethically Speaking
34 LCBA Judges Care
by Henry Lee Paul, Esq.
38 LCBA Members Care
Denise Kennedy, Esq.
40 Advertisers' Spotlight
Henderson, Franklin, Starnes & Holt, P.A.
14 Alternative Dispute Practice 42 100 Club Section 44 In the News by Anne Dalton, Esq.
News and Happenings
20 In Memoriam
Hon. R. Wallace Pack
22 New Members 28 Legal Lens
LCBA Membership Luncheon
30 The Dish
Wally's Deli
32 Legal Lens
4
Mock Trial RES GESTAE | MARCH 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.
AD DIRECTORY Accurate Investigations & Drug Screening, 19 Barbara Pizzolato 45 Boyle & Leonard, P.A. 46 Boyle & Leonard, P.A. 15 Brad Jessen, Edward Jones 34 Brodeur Carvell 13 Business Observer 39 Calvo & Calvo Attorneys at Law 29 Compass Law Firm 21 CONRIC PR & Marketing | Publishing 33 Copy Lady 7 DeMine Immigration Law Firm 15 Denise Kennedy 19 Denise Wheeler Wright 17 Donna Tisch 13 Edison National Bank BC ENCORE Bank IFC Experience Real Estate Group, LLC 29 FineMark National Bank 29 Fort Myers Court Reporting 15 Garvin Law Firm 41 Get Smart Bail Bonds 38 Geraghty Mediation 35 Henderson, Franklin, Starnes & Holt, P.A. 11 Hotel Indigo 43 Joe Viacava Law IBC Kempton P. Logan 20 Kushner & Kushner Attorneys 40 Law Firm of Scott T. Moorey 18 Law Offices of David L. Orosz 37 Law Offices of Dennis L. Webb 39 Lee County Legal Aid Society 37 Leonard P. Reina 13 Leslea Ellis, LLC 19 Livingston Loeffler, P.A. 35 Martin Law Firm 43 Marcy L. Shaw 23 McHale, P.A. 40 Merit Court Reporting, Inc. 45 Molloy Law, LLC 41 Musca Law Office, Inc. 3 Panther Printing 45 Patterson Eskin & Ball 40 Roetzel & Andress 21 Safeguard Shredding 21 Sanibel Captiva Community Bank 11 Sheldon E. Finman, P.A. 36 Spivey Law Firm, P.A. 5 The North Law Firm, P.A. 22 The Place on First 35 The Strayhorn Building 23 Trinity Commercial Group Inc. 37 Veranda Restaurant 39 Vantage Construction Services 42 Von Ahn & Associates 9 William DeForest Thompson Jr., LLC 33
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Letter from the President History is an essential component of the Lee County Bar Association’s identity. We’re almost 70 years old, and our past presidents contributed a great deal of their time, energy, and resources to make this organization beneficial to both attorneys and members of the community. I believe they remain valuable to the LCBA, and we dedicate this issue to them. As we strive to support the professional development of an increasingly diverse, inclusive demographic range, from our newest young attorneys to our most seasoned legal veterans, we want to meet the needs of our membership without losing our connection to the past. So, we have assembled an Advisory Council comprised of Past Presidents to help guide our activities as we consider the next 70 years. Fifty years ago, members of our organization recognized that there was a need for helping members of our community who could not afford legal representation. In response, they formed the Lee County Legal Aid Society, which I am proud to say will turn 50 on March 27, 2017. LCLAS now has a board of directors consisting of 15 members, including more than one past president of the LCBA. As just one measure of its effectiveness, LCLAS last year collected more than $300,000 in child support to provide assistance to the kids in our community. You’ll find the breakdown of its 2016 financial outcomes, which add up to about $1.3 million, elsewhere in this issue. The LCBA is proud of you, Legal Aid, and we are looking to the birthday party in May! The thing about history is we don’t always recognize our ability to put our mark on it. Our #KindLee project presents an interesting opportunity to get creative and do something worthwhile that will shape our community for decades to come. CopyLady has very #KindLee set the pace – for each sale of a new copy machine to an LCBA member, the company will donate $100 of the proceeds to the LCBA Random Acts of Kindness Committee. Any sponsors who take up the cause will influence the types of community service projects and direct actions planned by the committee. Their contributions will also get recognition at leebar.org/kindlee and across social media. Speaking of history, the LCBA officially formed in 1949 – the same year, incidentally, that shrimpers struck “pink gold” off the coast of Fort Myers Beach. It’s fitting, then, that we pay tribute to our shared history with the annual LCBA Bench-Bar Shrimp boil. We’ll add another tradition this year, with proceeds from this event going to the benefit of the Bar Foundation. The Foundation was formed last year, and is poised to provide support to our community this year. Please look for more information on our Foundation and what the board of directors have planned in the next issue.
Kelly L. Fayer, Esq. Kelly@FayerLaw.net | 239.415.3434 6
RES GESTAE | MARCH 2017
LEE COUNTY BAR ASSOCIATION ADMINISTRATION
Executive Director ~ David Seitz Administrative Coordinator ~ Lisa Poulin
EXECUTIVE COUNCIL
President ~ Kelly 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. & Maria Berrette, Esq. Pro Bono Hon. Kathy Sturgis & Mary A. Cosmo, Esq. Annual Charity Golf Tournament Ken Jones, Esq. & Lee County Legal Aid 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 & Shirlarian Williams
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 Isn’t this just the best time of year to live in Florida? One of my favorite “winter” activities is sending touristy post cards to my brother who left the sunshine state behind for Boston. The annual LCBA Shrimp Boil will be on March 26th out at Lover’s Key to benefit the newly formed LCBA Foundation. Bring the family out for a fun beach day and to see Judge Branning and Jerry von Gruben repeat their culinary performance from last year. Head to Leebar.org for tickets. In partnership with FRLS, we’ve moved the Annual Pro Bono Awards to April. On April 21st, we will hear from Fla. Supreme Court Justice Charles Canady and recognize the amazing attorneys who help the community. Sign up early, as we expect to have a full house. There is still time to claim your $100 dues rebate from FRLS for taking on a pro bono case before April 1st. Reach out to Ethel Wells (Ethel.Wells@frls.org) if you have a prospective case or would like to find one. The Annual Charity Golf Tournament on May 21st is shaping up to be bigger than ever. We’ll return to the challenging Forest Country Club and bring back games and contests from last year, along with a couple of all-new ones. Proceeds support the Legal Aid Society (which is turning 50!). The oldest records I have for this tournament go back to 1992. That’s an amazing run, and we can’t thank enough the regular players and the committee volunteers that make it happen year-in and year-out. This year’s High School Mock Trial competition for the 20th Judicial Circuit is in the can, and the satisfaction I heard from the participants and attorney volunteers was contagious. I love that my Alma Mater made it as far as they did. If you’re local enough to have your high school nearby, let me know and I will happily get you volunteering as a team coach. Last month we announced the #KindLee campaign, and have seen attorneys doing all sorts of good works. If you haven’t been able to “pay it forward” with the #KindLee cards the committee put together, stop in to the LCBA office and we’ll load you up. Whenever the regular newscasts start getting you down, check out Kindlee.org to see the uplifting acts of kindness being performed here in Southwest Florida. Add your own by tagging any Facebook, Twitter or Instagram post with #KindLee. It’s especially satisfying to praise people who would never think of posting about their own actions.
David A. Seitz, Executive Director DSeitz@leebar.org | 239.334.0047 8
RES GESTAE | MARCH 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. Anne Dalton, Esq. Kayla Richmond, Esq. Hon. Josephine Gagliardi Indera DeMine, Esq. Denise Kennedy, Esq. Sara Fitzpatrick Comito BILLING INQUIRIES 239.334.0047 Res Gestae is an award winning magazine published monthly by CONRIC Publishing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to: resgestae@leebar.org. We make every effort to ensure the accuracy of the information published, but cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae, or CONRIC Publishing. Copyright© 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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Calendar of Events Some dates for 2017 Section Meetings have not been confirmed - Check our website for details!
March 8
2214 Bay St., Fort Myers
LCBA General Civil and Business Litigation CLE Lunch Noon – 1 p.m., Courtroom 4-H. Topic: Deposition Objections – Beyond the Basics with panelists Vicki Sproat and Krisitn Woolam. CLE credit approved.
April 21
LCBA Pro Bono Awards Luncheon
NOON – 1 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers
March 9
APRIL 29
5:30 – 7 p.m., The Barrel Room, 2214 Bay St., Fort Myers
10 a.m. – 2 p.m., The Edison Mall, 4125 Cleveland Ave., Fort Myers. Ryan O’Halloran is coordinating, (239) 3347212 or ryan@ohalloranfamilylaw.com.
LCBA Criminal Law Practice Social
March 15
LCBA Alternative Dispute Resolution Practice Section CLE Lunch Noon – 1 p.m., Courtroom 4-O. Topic: “He Said WHAT? Ethical Issues in a Mediation Setting – Challenges for Advocates and Mediators.” Presented by Denise Wheeler Wright. CME available, 1-hour General and/or Ethics credit approved.
March 24
LCBA Membership Meeting – Honoring our Past Presidents Noon – 1 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers
March 26
LCBA Annual Bench Bar Shrimp Boil
LCBA Annual Law in the Mall
May 1
LCBA Law Week Blood Drive
8 a.m. – 2 p.m., Lee Health Bloodmobile will be parked at the SE corner of Monroe St. and Dr. Martin Luther King, Jr. Blvd. Luis Rivera is coordinating, (239 344-1323 or luis. rivera@henlaw.com.
May 4
Law Week Judiciary Appreciation Reception
4 – 7 p.m., The Edison Restaurant, 3583 McGregor Blvd, Fort Myers. Hosted by The Lee County Association of Women Lawyers. Cocktail Hour from 4 - 5 p.m. serving complimentary beer, wine and hors d’oeuvres. Reception from 5 -7 p.m. Cost TBD. RSVP to Dawn Jezik at ddj@blslawyers.com.
County Teacher of the Year for LawRelated Education will be awarded to an outstanding teacher, and the prestigious Liberty Bell Award will be presented to a deserving community member.
May 10
LCBA General Civil and Business Litigation CLE Lunch Noon – 1 p.m., Courtroom 4-H. Topic: Dealing with Daubert. CLE credit pending
May 11
LCBA Criminal Law Practice Social 5:30 – 7 p.m., The Barrel Room, 2214 Bay St., Fort Myers
MAY 21
Lee County Bar Charity Golf Tournament 8 a.m., The Forest Country Club, 6100 Club Blvd., Fort Myers. More information TBA
MAY 29
Memorial Day
LCBA Office and Courts closed
June 9
LCBA Criminal Law Practice Section Meeting Noon – 1 p.m., Twisted Vine Bistro, 2214 Bay St., Fort Myers
2 – 6 p.m., Lover’s Key State Park, 8700 Estero Blvd., Fort Myers Beach. Members $35, non-members $50. Proceeds benefit the LCBA Foundation.
May 5
Second DCA Oral Arguments & Students’ Q&A
June 28
April 14
Law Week Awards Luncheon
Noon – 1 p.m., Courtroom 4-O. More information TBA
LCBA Criminal Law Practice Section Meeting Noon – 1 p.m., Twisted Vine Bistro,
9 a.m., Courtroom 4B
Noon – 1 p.m.., location and cost TBD. Honoring Law Enforcement Officers of the Year. The Dr. James A. Adams Lee
LCBA Alternative Dispute Resolution Practice Section CLE Lunch
Blue indicates Law Week activites
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
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RES GESTAE | MARCH 2017
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Ethically Speaking
No laughing matter Judge revives a little-used disciplinary provision
I
regularly present a CLE segment titled “Migration of Lack of Professionalism into Discipline.” I provide examples of how unprofessional behavior is increasingly being sanctioned through The Florida Bar and in sanctions imposed by a court in active litigation. There is now a recent example of an additional method to impose discipline for unprofessional conduct. In the case of State of Florida v. Ramsey, Case No.: 502016-CA-000589, 15th Judicial Circuit, Palm Beach County, a little used provision of The Rules Regulating The Florida Bar was employed to order an assistant public defender to be disciplined by reprimand for unprofessional conduct during a non-jury murder trial. It was reported by the SunSentinel newspaper that this procedure has not been used since 1991. Rule 3-7.8 provides a procedure for disciplinary proceedings before a circuit court, without involvement by The Florida Bar. In this case, the presiding judge employed this provision to initiate disciplinary proceedings. The conduct involved the lawyer laughing and making a gagging gesture by putting her finger down her throat, with her tongue out, during the testimony of an adverse “jailhouse snitch.”
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RES GESTAE | MARCH 2017
By Henry Lee Paul, Esq.
The lawyer engaged in additional uncivil behavior during the deposition of the same witness. The Rule provides that a judge may direct the state attorney for the circuit to make a motion in the name of the State of Florida to discipline a lawyer. Upon such motion, the chief judge of the circuit is required to appoint a judge to conduct a hearing. The state attorney is required to prosecute the disciplinary matter. In the Ramsey case, the court conducted a hearing and, on January 24, 2017, entered a 15-page order imposing discipline. The court found that Ramsey violated Rule 4-8.4(d) (Conduct Prejudicial to the Administration of Justice). The sanction included a public reprimand before the Board of Governors, one-year probation, five hours of CLE courses to be approved by the court, an apology letter to the judge who initiated the case, a requirement to file and circulate to all lawyers in the office of the Public Defender a three-page memorandum acknowledging the unprofessional conduct and explaining the harm caused by such conduct. Ms. Ramsey has the right to appeal the decision to the Florida Supreme Court pursuant to the provisions of The Rules Regulating The Florida Bar.
In the sanction order, the court addressed the harm to the profession caused by the unprofessional conduct: “The Respondent’s conduct in open court was disparaging and humiliating to [the] witness…. The conduct was prejudicial to the administration of justice because it was disrespectful and thus harmful to the legal profession and the legal system.” The court recognized that the representation involved a highly stressful criminal matter. The credibility of the witness was crucial to the outcome of the trial. However, the judge recognized that no matter how high the stakes, professionalism must be maintained. This case is yet another indication that lack of professionalism may well lead to 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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Family Law Practice Section
Ethical issues with use of mediation for “discovery” By Anne Dalton, Esq.
What should a mediator do when an
attorney representing a creditor plaintiff uses mediation with a pro se defendant to conduct informal “discovery” by asking the pro se defendant if he/she is employed and, if so, the name and address of the employer? If the mediator calls an immediate caucus to cut off this line of questioning, is the Mediator acting as an ad-hoc attorney or advocate for the defendant? If the Mediator allows the questioning to proceed, even if it has no bearing on the mediation process, is the Mediator acting as an advocate for the Plaintiff? Issue posed in MEAC Opinion 2016-001 Rule 10.400 of the Florida Rules for Certified and Court-Appointed Mediators states that it is the mediator’s role to safeguard the mediation process. One of those safeguards is to give an opening statement outlining the process, including the necessity of preserving each person’s right of self-determination. (See Rule 10.410 and Rule 10.310).
fully apprised of the mediation procedures by the mediator, such defendants often do not know what is appropriate and what is inappropriate in responding to plaintiffs’ counsel. It is not difficult for a professional mediator to remain neutral in those situations. However, it is often difficult for one or both parties to perceive that the mediator is acting in a neutral fashion. It is very helpful to have guidance from the Florida Supreme Court’s Dispute Resolution Center on this point.
MEAC Opinion 2016-001 picks up from there, pointing out that, in preserving the parties’ right of self-determination, the mediator is charged with the decision as to whether to use the caucus procedure or whether the parties should stay in the same room. If the mediator believes the mediation session is becoming unbalanced or if the process is becoming coercive and adversarial, it is appropriate to caucus. The MEAC opinion states that the Mediator would not be acting as an advocate for either party in so doing.
The Mediation Ethics Advisory Committee (MEAC) issues ethical opinions regarding mediation subjects. As is implied by “Advisory,” these opinions are not binding on mediators or attorneys. However, MEAC Opinions weave together a plethora of statutes and rules to provide useful guidance to all. MEAC Opinions are divided on the Florida Supreme Court website into the following subject matters: Advertising/marketing; Advice Opinions or Information; Business Practices; Confidentiality; Conflicts of Interest; and Procedures. In addition, they are divided by year, going back to 2004.
My experience with pro se defendants in mediations related to debt collection is that they are generally confused and frightened. Even after being
The scenario above is taken from an advisory ethical opinion issued by the Florida Mediator Ethics Advisory Committee (MEAC). The underlying
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RES GESTAE | MARCH 2017
discussion can be found at: www.flcourts. org/resources-and-services/alternativedispute-resolution/information-trainerslegal-professionals/meac-opinions.stml. RG
Anne Dalton has been a certified mediator since 1994 and has conducted over 6,000 circuit civil, appellate, county, family/dependency mediations. She is a Diplomate with the Florida Academy of Professional Mediators, a member of the National Academy of Distinguished Neutrals and a qualified arbitrator. Dalton is also an international speaker on entertainment law and represents creative artists of all kinds.
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Fun, sun and crustaceans for a cause
A
hundred years after California struck gold, Florida faced a boon of its own. Whereas the forty-niners panned for their glinty ore, Southwest Florida’s own rugged prospectors set out under cover of darkness to cast their nets. And their gold was pink. In 1949, the shrimper’s way of life came to define Fort Myers Beach. Ours is still the largest commercial fishing fleet in the Gulf of Mexico, but it’s an uncertain way of life. Happily, there’s a fun and delicious way to support our local harvesters of the freshest, most coveted crustaceans on the planet, while supporting the LCBA Foundation at the same time!
ers the shrimp fleet - Fort My Photo above: Blessing of a rid Flo of ves Beach (c) 1961 - State Archi
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Join us for the Second Annual Bench-Bar Shrimp Boil at Lover’s Key on March 26 and you’ll enjoy sweet, succulent pink gold. Witness a Shrimp Cook-Off battle rematch, Honorable Robert Branning v. Jerry Von Gruben, Esq. Those who know shrimp know that they’re classified based on the number that will make up a pound. We will be getting 4-5s. That’s not a typo, folks. These suckers are the size of small dogs. Just be sure to RSVP so we know how much to order. On any beautiful Sunday in March, you should squeeze the last little bit out of your weekend. What better way to transition back to the daily routine than to get some sand between your toes and some of that precious pink gold on your plate? Wash it down with an ice cold adult beverage, and soak up the springtime sun. Admission is $35 ($50 non-members), proceeds supporting
the 501(c)3 Foundation, which supports the greater community of beautiful Lee County. Scott Atwood has a boatload of fun games Scott Atwood, Esq. planned to keep everyone entertained while raising foundation funds. Scott is credited with starting the shrimp boil tradition in 2016 as LCBA President. Although we live in one of the most scenic and idyllic beach communities in the country, he realized, the LCBA never really had a beach day. The Pink Gold Rush is mostly relegated to a post card past, with only the hardiest of the hardy still in the game. Let’s do our part to support our shrimpers and the LCBA Foundation. We look forward to seeing you on the 26th. It will be delicious! RG
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2nd Annual Bench Bar Shrimp Boil March 26 • 2 - 6 p.m. Lover’s Key State Park 8700 Estero Blvd., Fort Myers Beach $35 members • $50 non-members Proceeds to benefit the Lee County Bar Association Foundation Visit leebar.org for more information. MARCH 2017 | RES GESTAE
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YLD Spotlight
Live "local-business friendly" By Kayla Richmond, Esq.
H
appy March! I was recently sitting in a conference hosted by Lee County Economic Development and was absorbed by the statistics of our growing SWFL economy and the amount of funding supporting the promotion of local businesses. During my four years of practice in Lee County I’ve enjoyed “living local” by frequenting one-of-a-kind restaurants, attending local events (like the Edison Festival of Light Parade), and supporting businesses that showcase what makes this area great. I thought I was doing this unintentionally but realize after hearing the statistics my subconscious chose these locations intentionally because I truly believe in living local and supporting the community you live in. This year, now more intentionally, the Lee YLD and bar
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RES GESTAE | MARCH 2017
members at large are taking the year to live local business friendly. Through LCBA initiatives like #KINDLEE, and hosting membership meetings at local restaurants and the Shrimp Boil at Lover’s Key State Park, or by supporting the local foster children by providing events at local fun spots, your voluntary bar organizations are really showcasing the places, businesses, and people who become your clients, your friends, your support, your donors: your network. If you attend and become involved, you’ll be surprised at how far this web reaches and who you will meet in your community. The YLD is keeping local this year, having hosted a Trivia Social at Millennial Brewing Company on February 22, our March
monthly membership meeting at King’s Kitchen, and by providing future events at Castle Golf, Gator Lanes, Spirits of Bacchus, and our local beaches. I challenge you this month when you are out and about to support the local community and live local business FRIENDLEE. If you need ideas, my personal favorites include Dixie Fish Company, Fort Myers Beach, Lashley’s Crab House, Punta Gorda, La Tratorria Café Napoli (aka Gloria’s), Fort Myers, Norman Love Chocolates, Spring Training games, and the Edison Home. For more information on the YLD: read this column, attend our monthly lunches, visit our Facebook page, or contact Danielle Seitz, Esq. at dseitz@floridaleglarights. com to be added to our email list. Our next meeting is April 7, 2017, 12 -1 pm at King’s Kitchen. RG
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In Memoriam The Lee County Bar Association would like to express its condolences to the family and friends of the late Judge R. Wallace Pack. Judge Pack was born Christmas Day, 1928 in Beaumont, Texas. He attended and received his bachelor’s degree from Davidson College in 1950, and his J.D. from Southern Methodist University in Dallas. He practiced as a “Land Man” in-house attorney for Sun Oil Company before moving to Fort Myers in 1965. Invested as a Lee County judge in 1970, Judge Pack was one of the first circuit judges appointed when the 20th Judicial Circuit was first created in 1972. He served the circuit as judge and as a chief judge until his retirement in 1998. Judge Pack died on January 24 at the age of 88. He was an avid sailor and a dedicated member of the Kiwanis Club of Fort Myers - Edison. He served on the board of Goodwill Industries, and was
one of three founding members of the Calusa American Inn of Court (alongside Lynn Gerald Jr. and Magistrate George Kluttz), and was the first to serve as president in 1995. His wife Anna Rogers-Pack passed in 1990. Judge Pack is survived by two sisters, Margaret Buchanan, of Dallas and Sarah Thomas of Black Mountain, N.C., and two sons, Robert of Ocala, Fla., and John of Shreveport, L.A. The LCBA paid tribute to the judge during a brief memorial service at the Feb. 17 membership luncheon. To honor his life, Judge Pack’s family requests gifts be made to Hope Hospice. RG
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RES GESTAE | MARCH 2017
Florida Rural Legal Services wants to underwrite $100 of your annual LCBA dues for the Association Year 2017 – just be one of the first 50 attorneys to accept a pro bono case through FRLS before April 20! On April 21, Florida Supreme Court Justice Charles Canady will join us as our luncheon guest speaker for the LCBA monthly meeting. All of the attorneys who took the challenge will be recognized at the lunch for their part in increasing access to justice in Lee County. To sign up, contact Ethel Wells at Ethel.Wells@frls. org or David Seitz at dseitz@leebar.org and provide the area of law in which you are willing to accept a case. FRLS will then follow up to make a match. OR If you come into contact with a new client who may be eligible for pro bono services, refer that client to FRLS for pro bono program screening and a referral back to you! FRLS and the LCBA needs YOU!
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RE-ELECT
Marcy Shaw to The Florida Bar Board of Governors ~ 20th Circuit
It has been an honor and privilege to serve as your representative on The Florida Bar Board of Governors for the past five years. My objectives and goals for continuing to serve as your representative are three-fold: 1. I will continue to be accessible and accountable to you. 2. I will continue to support legislative positions which call for adequate court funding and the independence of our Judiciary. 3. I will preserve the integrity and excellent reputation of the lawyers in the 20th Circuit. Follow me on Facebook @ Re-elect Marcy L. Shaw to the Florida Bar Board of Governors 20th Circuit. Voting runs through March 21st
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The voice of experience
Past Presidents Advisory Council shapes the future
Photo courtesy of Jim Jett Photography
By Sara Fitzpatrick Comito
C
herish your time together, because you will grow to be family. That’s Marcy Shaw’s advice to
current LCBA leadership and the Executive Councils of the future. Things are changing, as they always do. In 2018, for instance, Dan Endrizal’s presidency will make him the last of the old guard, having come up through the traditional five-year system of ascension. In 2014, the bylaws were changed to make the time commitment less prohibitive and encourage greater participation. A lot of things tend to move more quickly now than they did in 1949, but programming quality, community involvement and practice building opportunities continue to improve based on the foundation of those who have come before. By seeking out ways to honor the rich history of the nearly 70-year-old LCBA, President Kelly Fayer is positioning the organization to become more adaptable, relevant and involved in the community for decades to come. To that end, she has assembled an advisory council of past presidents to safeguard its values and history while helping to shape its future. Spanning 30 years of service, most of the 13 members of the brand new Past Presidents’ Council met for a happy hour at the Veranda. As Shaw (2008) would have guessed, it resembled a family reunion of sorts. Judge Gagliardi (2000) even brought a scrapbook of memories to share. Everyone brought wisdom, laughter, excitement about the future and stories from the trenches.
1985 – one for the record books Mike Corso
may hold the record for longest “year” as president. NowSenior Judge Seals got appointed to the bench in the spring of 1984, so Corso ascended ahead of schedule. At the end of that year, Corso said, “the LCBA Executive Committee ‘decided’ I may as well serve the year I was originally slated for, so I actually was president for about 20 months or so!” He was also doing double duty, as there was no full time executive director in place. Corso said, “Growth of the LCBA was the challenge then, and putting the pieces together to make it a bigger and better organization. Plus we returned to the then-Royal Palm Yacht Club for functions – to appease Judge Rad Sturgis!”
2000 - YTK, A-Okay Champagne flutes and noisemakers are the common necessities for celebrating a new year, but on the eve of 2000, a YTK preparedness plan was also de rigeur. As now-Judge Josephine
Gagliardi
prepared to be inducted as LCBA president, she also prepared for the bang or the whisper that would usher in the “aughts.” The worry was for naught. The bigger challenge, as presidents before and since have discovered, is getting people to come to the luncheons. During her year the LCBA celebrated the groundbreaking for the new Federal Courthouse, held a portrait ceremony for retiring U.S. District Magistrate George T. Swartz and welcomed U.S. District Court Judge John E. Steele. Judge Gagliardi enjoys getting to know new lawyers and encouraging them in their careers. She advises them, “Get involved. It’s fun to give.”
2001 – Extending the hand As president in 2001, Kurt
Streyfeller
sought to preserve reserve funds while facing increasing overhead costs,
including office rental, newsletter publication and events. The proliferation of other legal organizations presented an opportunity. He said, “One of the goals during my tenure was to develop liaisons with each organization (surrounding counties’ bar associations, plus various specialized organizations) to share information, coordinate co-sponsored events and to avoid duplication or conflicts of scheduled events.” Streyfeller also introduced the idea of standing committees with each executive board member assigned to attend and participate in the committee work and each committee chair invited to attend the executive board meetings for regular reporting.
2004 – Weathering the storm Any longtime resident of Southwest Florida instantly equates 2004 with Hurricane Charley. It was a standout for Dennis Webb’s year as president, too, more for the solidarity of the legal community than for the destruction. “We opened our offices, kept the courts going, got MARCH 2017 | RES GESTAE
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together with other bar presidents, got a conference call with the governor’s office” he recalled. “It was heartwarming to see all the attorneys come together to help.” Likewise, he’s heartened to see past presidents convened. “I know I have something to give back to young attorneys. I’d like to give back and be more active. It’s very easy to get isolated. Younger attorneys belong and there has to be a way to bring the older ones back. With something like this, I think Kelly’s on the right track.”
2005 – Difficult decisions Dues had not been raised in quite some time when Miguel Fernández took the helm. “Our organization desperately needed more funds in order to keep up with the rising cost of maintaining a successful voluntary bar.“ The correct decision is often not the most popular. “Looking back,” he said, “I have no regrets about that difficult decision because in the best interest of our organization it needed to be made.” To current and future LCBA leadership, he advises, “Honor our older members as well as our past history. Motivate our youngest members to get involved, use their various talents and to make their impact felt. Last but not least, promote greater diversity and inclusion in our profession and judiciary.”
2008 – What’s so great about a recession? A discussion of the economy in the few years that followed 2007 just isn’t accurate or complete without mention of Lee County. Of her year as president, Marcy Shaw said, “It was lean, but I don’t think people were panicking. 26
RES GESTAE | MARCH 2017
People were starting to rebuild and reinvent themselves in their practices. Membership numbers were strong, and reserves were healthy.” A governor for The Florida Bar, Shaw is also a member of every bar association in the circuit. “There are a lot of chicken lunches,” she laughed. She doesn’t make it to every single one but at LCBA events, she enjoys “the camaraderie, getting to interact with attorneys who practice in a different practice area, getting to see old friends I haven’t seen in quite some time.”
2009 – Throw away the box In the popular imagination, “collaborative divorce” sounds an awful lot like a contradiction in terms. Even eight years ago when he served as president,
Keith Grossman was known for
his dedication to doing things a little differently. In 2015, he went on to win the Hugh E. Starnes “Think Outside the Box” award for non-adversarial practice. It took just that kind of creative thinking to approach the challenges of a membership that seemed largely disinterested in joining committees and attending events. In grassroots style, Grossman personally contacted members and asked them to take on certain committees. He also increased the number of practice area sections, building on the work of recent presidents before him.
2010 – Making a good impression During his tenure,
Andrew Epstein
was invited to participate in the circuit’s implementation of the Civil Case Management Plan, and placed great emphasis on Administrative Order 2.20, especially its expectation for courtesy, civility and professionalism. That year also represented an overhaul of Res Gestae. “We took a monthly publication which was a flyer being created in-house on copying machines in the offices of the Lee County Bar Association to what is now a magnificent, informative, award-winning magazine.” As the LCBA considers its next 70 years, Epstein believes the growth of the legal community provides a challenge and an opportunity. “With more and more lawyers,” he said, “lawyers are under far greater scrutiny in their professional and their personal lives.” By focusing on civility and professionalism, every attorney and this organization has the power to enhance the perception of the profession.
2011 – Get it right the first time When counseling younger attorneys,
Michael Randolph tells
them, “Spend the time and get it right the first time.” Most times in a courtroom, an attorney gets one chance. Life is like that, too. So is running a bar association. During his
tenure, Randolph tried to remember that although it’s a professional association that operates differently from a conventional business, the LCBA really is in the business of customer service. “One continuing challenge is meeting the changing needs of the members. This in turn promotes involvement and participation in bar events, and that is a really good feeling,” he said. The bar also has an opportunity to serve members as they navigate the changes that technology exerts on the profession, in Randolph’s words, “for good and not so good.”
2012 – Recovery reshuffle Since becoming an attorney,
Karla CamposAndersen as
witnessed the dawn of a new technological age for the profession, which has been a blessing and a curse. E-Filing, though, has definitely been a game changer. “When I started practicing we had to walk our petitions to the second floor of the courthouse, wait in line and file with a clerk. The struggle was real!” In her years on the Executive Council, she also witnessed the effects of the recession. “We saw first-hand how the dynamics of the law firms began changing from partnerships to more solo practitioners. Attorneys were struggling to keep their doors open. LCBA assisted many by offering referrals through the Lawyer Referral Service.”
2014 – Getting connected “We needed to address a waning connectivity with membership,” recalled
John Agnew
of his year. “We worked to do so by amending the bylaws to expand the executive council from five to nine, launching a new and more interactive website, lowering prices to our monthly membership lunches and holding more CLEs.” Connectivity is a good word for describing an authentic two-way exchange, which is the stuff of effective leadership, according to Agnew. Also, an association must have at its heart an emphasis on identifying strengths to achieve common goals. “Understand there are many capable people around you, so delegate (and supervise—but don’t micromanage), and always work to build a consensus rather than draw lines in the sand.”
2015 – Building on a foundation Happily, Anne Dalton inherited
an office in good repair. “The LCBA was fortunate to have a series of very strong presidents preceding my term. The bylaws had been completely re-written; the groundwork for the Foundation had been laid; and other not very glamorous but necessary work had been done. My challenge was to bring more value to the practice sections and to the meetings by providing CLEs at the bar meetings. I am grateful to all the judges and participants who made that yeoman effort possible.” Professionalism education was a strong theme of her term, as was helping local non-profits. In the future, she’d like to see a return to the ethic of mentoring younger
attorneys, both in professionalism and substantive law matters, which seems to have fallen by the wayside.
2016 – The bond of humanity Wanting to increase the LCBA’s stature and the desire of members getting involved, Scott Atwood added successful new events, including the shrimp boil. “And the hire of David Seitz as executive director has worked out so well. He is energetic and creative. I was really proud of the work that people in the bar did my year. I feel like people got energized, and think that the trend has continued into this year.” The modern reality for attorneys is a reliance on technology that often precludes personal interactions, Atwood suggested. More, a commoditization of lawyers means clients expect more and for less cost. Therefore, the LCBA needs “to improve the professional relationships of our members, through networking and training opportunities. In an electronic world, we are a bond that keeps the humanity in the profession.” Karla Campos-Andersen (2012) has this advice for LCBA leadership: “Listen to the members. They will tell you what they want.” Kelly Fayer has taken that advice one step further, seeking out opportunities to listen to those who did the listening one, two or 30+ years ago. The challenges take different shape throughout the decades, but the organization that has served the legal community since 1949 is better able to adapt to them with the benefit of its past presidents’ sage counsel. RG MARCH 2017 | RES GESTAE
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Legal Lens
Sr. Judge Reese, Judge Gagliardi, State Attorney Stephen Russell
George Schwing, Edward Sommers
Neil Sharma, Nicole Brunswick, John Stewart
Members Luncheon Christin Collins of Lee Health,NewsPress Person of the Year, presented on our county’s pediatric mental health crisis at a luncheon on Feb. 17. We honored the memory of Judge Pack. SandyPines sponsored this luncheon on Random Acts of Kindness Day. Christin Collins, Judge Branning
Photo credit: Jim Jett Photography
Theresa Everly, Public Defender Kathleen Smith, Kelly Fayer, Gayle Anthony
Beverly Grady, Carole Beach, Steve Thompson
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RES GESTAE | MARCH 2017
Amanda and Brian Bartley
Judge Mañalich, Dan Endrizal, Stacey Sherman
Judge Hawthorne, Judge Swett
Blair DeMinico, Alina Gonzalez-Dockery
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The Dish
A sandwich that will do you justice
H
ow does that old TV song go – “Sometimes you want to go where everybody knows your …sandwich?” Well, that’s not quite right, but it’s a reality for John Webb. It turns out that most people don’t know all the lyrics to the Cheers theme, which didn’t play in its entirety ahead of each episode. However, countless Southwest Florida residents, students and visitors know the John Webb Legal Reuben “Will do you justice!” because that’s how it’s described on Wally’s Deli menu. You remember the bemused expression that one kindly, laid-back professor shot upon realizing you, an otherwise bright and studious pupil, hadn’t quite prepared for your assignment? That’s the
type of reception my question, “What do you like here?” received. “The reuben,” John smiled. Glancing at the board, I understood. You don’t get a sandwich named after you because it’s not your favorite. And I can see why. That New York Jewish deli staple looked good enough to wait in lines like those you’d expect at New Yorks’ Katz’s Delicatessen. To be fair, Wally’s has customers queued up for a respectable distance – too much to consider it a hidden gem. Owner Wally Crane has grown and trained a wellchoreographed team that churns out fresh orders at an impressive clip, and without the need for a $50 lost line ticket surcharge like at Katz’s. That’s good news for John, who has made the trip from Main Street Fort Myers all
the way to Alico on a busy Monday in court just to grab his favorite sandwich and allow me to preach the gospel all of you. Your LCBA secretary isn’t a hesitant sort of fellow, and made quick work of all that pastrami, swiss, sauerkraut and thousand island on toasted rye. With the John Webb Legal Reuben, justice is swift. As a New England native like Crane, I was tempted by his Love Me Tender breakfast sandwich, featuring that classic marshmallow fluff and peanut butter combo I grew up with, plus banana and a panini press blessing for toastiness. I eyed the Comfort Subs section of the menu, boasting items like YOLO, invoking the younger set’s famous acronymized catchphrase, You only live once. If it were your last day on Earth, would you
John Webb and Wally Crane
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RES GESTAE | MARCH 2017
not be tempted by a sandwich stuffed with mac and cheese, crispy chicken tenders, jalapenos and bacon? The Cheat Day pretty much does what it says by combining thin sliced steak, grilled onions and cheese sauce. With waffle fries. Right in the sandwich!
Crane assumed he’d be catering to a lot of FGCU kids with his location near some off-campus housing. This might explain the #Hangover sandwich, complete with hashtag, right at the top of the breakfast sandwich menu (served all day!). This writer’s News-Press counterpart, Anne Reed, wrote, that it “is exactly what you think it is - a hot mess of salty potatoey goodness sure to soak up whatever questionable decisions you made the night before.” Cheech & Chong is another one that could have been dreamed up in
a late-night haze. The Glazed & Confused is a breakfast sandwich served on a… donut. Yessir! Recklessness isn’t the sole province of those 25 and under, of course. But life has a way of forcing us to put space between episodes of abandon. Happily, Crane provides a “Lighter Side” list of delicious sandwiches and salads with names that are just as fun to order as the Fat Guy Little Coat sub you wouldn’t want your cardiologist to know about – RIP Chris Farley. The Fresh Prince, for instance, puts turkey, roasted peppers, arugula, pesto aioli and provolone on whole wheat bread. You are what you eat with the Skinny Jeans sandwich, busting the seams with lots of fresh vegetables and balsamic dressing. I opted for the Falafel en Fuego, which adds a sweet grilled
sandwich, Chris Sale’s Strikeout. After this “Comfort Sub,” I’d be seeking the comfort of a couch. But hey, I don’t get sandwiches named after me - yet. What would be on yours? RG Photos top left clockwise: Glazed and Confused, Dunk City Delight, San Carlos Burrito, Cheech & Chong
WALLY’S DELI 8024 Alico Rd., Fort Myers red pepper twist on the Mediterranean hippie festival chickpea patty. It’s served with creamy avocado, a generous heap of fresh spinach, red onion and a drizzle of sweet sriracha and ranch on the softest, most delectable pita bread I’ve had in many years. Originally catering to the Dunk City crowd, Wally’s Deli has become a frequent stop for construction crews, lawyers and even plumbers like the one the Cuban sandwich is named after. You can build your own sub, wrap or Kaiser roll sandwich, too. There’s definitely something for everyone, like a Red Sox pitcher John and I bumped into on the way out. Almost literally. It’s a small place. Maybe he wanted to order his namesake
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Legal Lens
Opening arguments
Spencer Cordell in the hot seat
Vera Bergermann and son, Trevor Hamlin
Mock Trial The kids did as good a job preparing and presenting their cases as Mock Trial Co-chairs Indera DeMine and Maria Berrette did organizing the whole thing. Thanks to all of our volunteers! Judge James Adams considers the evidence
Jurors Shannon Puopolo and Asma Anwar
Presiding Judge Marcy Shaw
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RES GESTAE | MARCH 2017
Photo credit: Jim Jett Photography
Presiding Judge John Dommerich
Magistrate Studybaker presides as judge
Magistrate Steven Studybaker and Kevin Fularczyk
Presiding Judge Andrew Banyai
Judge Swett dons his usual robe for the kids
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LCBA JUDGES CARE Hon. Josephine Gagliardi Boy Scouts of America, Volunteer On any given Monday, you can catch me volunteering to help young men working on merit badges through the Boy Scouts of America. My favorite merit badge is Citizenship in the Community. I have so much to share with these young people about their community. I first became involved in Scouting through my son. He has long ago achieved the prized rank of Eagle Scout, but I am still involved with Scouting. I enjoy helping the boys work through problems on their Eagle Projects. I have had to rent an auger when we hit limestone on a project, I have had to run and get more cement and I have had to run to get various other things for boys who were learning what it means to plan and be a leader. Then, I get to enjoy hearing about the final projects at the Eagle Board of Reviews, which are held once a month at the Scout House. There are a lot of great community leaders who are Eagle Scouts and who volunteer to sit on these boards to help decide if a boy has earned the rank of Eagle. What a joy it is to witness.
Time to Gather Your Investment Tax Forms
It’s Tax Season again. This year, pay special attention to your investment-related tax forms. You need them to file your taxes, of course, but they can also reveal something about how you invest. First of all, what forms can you expect to receive from your financial services provider? You might get a 1099-B form, which reports capital gains, and a 1099-DIV, which reports dividends. And you also might get a 1099-INT, for interest you received from bonds, and possibly a 1099-R, which reports any withdrawals you took from your IRA and 401(k). But beyond simply giving these forms to your tax professional, take a close look at the story they may be telling. For example, are you racking up a lot of short-term capital gains, which are taxed at your personal income level, rather than at the more favorable long-term capital gains rate? If so, you may be trading too much, and you might want to focus more on buying quality investments and holding them for the long term. So, gather up those 1099 forms for your tax returns – and for your own education as an investor. Edward Jones, its employees and financial advisors cannot provide tax or legal advice. You should consult your attorney or qualified tax advisor regarding your situation.
Brad Jessen, Financial Advisor
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This article was written by Edward Jones for use by your local Edward Jones Financial Advisor.
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RES GESTAE | MARCH 2017
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Geraghty Mediation Patrick E. Geraghty Certified Civil Circuit Mediator-Dispute Resolutions Member Florida Bar, Lee County Bar, Federal District Courts of the Middle and Southern Districts of Florida. Board Certified Civil Trial Lawyer A.V. Rated, Martindale-Hubbell; Member of American College of Trial Lawyers. 46 years of civil trial experience in personal injury, wrongful death, commercial, business litigation and Federal civil rights. To schedule mediations, call: (239) 334-9500 or email: pat@swfltrial.com.
PREVIEW STUDIO NOW OPEN! 2 2 75 M A I N S T R E E T | F O RT M Y E R S | F L 3 3 9 0 1 2 3 9 . 5 9 5 . 8 6 9 0 | T h e P l a c e O n Fi r s t. c o m APPOINTMENTS RECOMMENDED “ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS CORRECTLY STATING REPRESENTATION OF THE DEVELOPER. FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO THIS BROCHURE AND TO THE DOCUMENTS REQUIRED BY SECTION 718.503, FLORIDA STATUTES, TO BE FURNISHED BY DEVELOPER TO A BUYER OR LESSEE” "RENDERINGS AND GRAPHIC DEPICTIONS, INCLUDING OF VIEWS, ARE ARTISTS CONCEPTIONS AND ARE NOT TO BE RELIED ON. DIMENSIONS, SIZES AND LOCATIONS ARE APPROXIMATE. FOR MEASUREMENTS & INFORMATION ON SIZES, REFER TO THE DECLARATION OF CONDOMINIUM AND ITS EXHIBITS. SIZES, VIEWS, PLANS, SPECIFICATIONS, AND PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE."
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LCBA MEMBERS CARE Indera DeMine, Esq. Mock Trial Chair
I became involved with the High School Mock Trial Program over three years ago when the program needed additional volunteers. Last year I co-chaired and when the position became available, I volunteered to chair the program. Over the past 3 years, I have seen several students return from the previous year more confident and comfortable speaking in court. I have heard stories of students moving on from competing in high school mock trial to representing their colleges in competitions around the United States. Students spend months preparing and while they are eager to have their day in court, it is also impressive to witness the respect they have for each other and the comradery among students from different schools. One of my favorite memories from this past competition was the British accent that one of the students employed as he played the role of an expert witness. Judges were so impressed and many inquired whether it was a real accent! It just shows the level of dedication that students put into the program developing a story behind their character and treating each role as an essential part of the trial. I look forward to the future of this program!
The Legacy Continues Saving families, one at a time Sheldon E. Finman, P.A. A respectful approach to divorce. Client-centered, child-focused, problem-solving transition from marriage. Divorce does not have to be a destructive process.
Sheldon E. Finman, Esq.
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LCBA MEMBERS CARE Denise Kennedy, Esq.
Love is Fur Ever Dog Rescue, Executive Director Love Is Fur Ever Dog Rescue was founded in 2013 by Victoria Frazier, a school teacher, and Stacy Swindle, a mom and local business owner. LIFE rescue has successfully saved, fostered, vetted and adopted out over 200 dogs that otherwise would have been left for dead or forgotten. We have saved strays, pulled from kill shelters and given expert vet care to those with horrendous medical injuries from severe neglect, abuse or dog fighting. Pictured is Abigail, whom we recently saved from Miami. Her injuries were likely caused by dog fighting, which is prevalent in our area. She is currently doing great, as you can see from her follow-up photo with me. Follow her progress on Facebook at Bonnets for Abigail. Our rescue runs solely on donations and volunteers. If you would like to donate or apply to serve as a foster, go to our website at www.lifedogrescue.org where you will find applications, etc. We are always in need of reliable fosters so we can save more dogs. Once you see the change in a dog's eyes and personality after they have received love and feel safe, you will never want to stop helping these poor souls who did nothing wrong.
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RES GESTAE | MARCH 2017
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Advertiser Spotlight
Advancing community life
In 1924, James Franklin Sr. (pictured above left) and Robert A. Henderson (pictured above right) began a law firm built on ideals and devotion to the legal profession, their clients and the community. “A tremendous amount of civic work would be necessary if this area should develop and go forward,” said Mr. Franklin during an address at the firm’s annual Christmas party 38 years later. If life in Lee County was complex in 1962,
imagine how he would regard all the changes that have taken place since. Fortunately, he surrounded himself with colleagues whose values matched their talent. At his urging, his contemporaries agreed to “devote as much time as was necessary endeavoring to serve the advancement of community life.” This service to community life still serves the firm well as it enters its 93rd year.
Franklin knew well the rhetorical impact of understatement.
Mr. Franklin went on to to say “from time to time as new associates join[ed] the firm, we again gave consideration to those things which entered into the original partnership and endeavored to select associates with high ideals who were filled with the desire to be of service to the community. The growth of the firm and its emergence today in the administration of justice and service to the people of this area is evidence our efforts have met with some success.” Some success. Mr.
The firm’s attorneys devote countless hours leading numerous nonprofit and civic organizations. Many provided leadership to the Lee County Bar Association and The Florida Bar, serving as presidents and chairpersons. With the example of those who have come before, the firm is secure in its role in “the advancement of community life.” RG
McHale, P.A.
• Expert Witness Testimony • Forensic Accounting • Litigation Support • Bankruptcy Matters • Receiverships • Distressed Business
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Mr. Franklin’s son, James Franklin Jr., represented the promise of a second generation for the firm and a continual reaffirmation of the values of its founding fathers. Up until his death at age 91 in 2015, he was an engaging, encouraging figure at the offices of Henderson, Franklin, Starnes & Holt, P.A.
Thinking Social Security Disability? Think Kushner & Kushner.
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RES GESTAE | MARCH 2017
When your client is under investigation or concerned about being investigated, When your client has any Federal or State criminal charges of any crime,
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Absolute Law Aloia Roland & Lubell, LLP Arend & Sisk, P.A. Associates and Bruce L. Scheiner, P.A. Avery, Whigham & Winesett, P.A. Bergermann Law Firm Bonita Springs City Attorney’s Office Boyle & Leonard, P.A. Burandt, Adamski & Feichthaler Buchanan Ingersoll & Rooney PC Calvo & Calvo Coleman & Coleman Cole, Scott & Kissane, P.A. Cole Scott & Kissane, P.A., Bonita Springs Office Costello & Wicker, P.A. DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A. Florida Rural Legal Services Fort Myers City Attorney’s Office Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg Noone, LLC Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Green, Schoenfeld & Kyle, LLP Grossman Law & Conflict Management Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A. John Webb Legal Group, P.L The Law Office of Brantley Oakey The Law Offices of Kevin F. Jursinski, P.A. Knott Ebelini Hart Kuhn Law Firm, PA
Kushner & Kushner Lee County Legal Aid Society, Inc. Levins & Associates, LLC Maughan Law Group McNamara Legal Services, P.A. McQuagge Law Firm Men’s Rights Law Firm North Law Firm, P.A. O’Halloran & O’Halloran, Attorneys at Law Osterhout & McKinney, P.A. Parvey & Frankel Attorneys, PA Prather and Swank, P.A. Patrone & Kemp, PA Pavese Law Firm Robert Harris Law Firm Roetzel & Andress, L.P.A. Roppo Molandes, PLLC Rubinstein, Holz & King, P.A Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Simmons Law Firm, P.A. Spivey Law Firm, Personal Injury Attorneys P.A. Strayhorn and Persons, P.L. The North Law Firm, P.A. Toll Law Vernis & Bowling of Southwest Florida, P.A. Viacava & Cantor Attorneys at Law Viles & Beckman, LLC Webb & Scarmozzino, P.A. 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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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
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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.
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In The News In January of 2017 the Simmons Law Firm, P.A. purchased Tim Murty, Esq.’s practice on Sanibel. Murty has practiced on Sanibel and has been a member of the Lee County Bar for 30 years. This acquisition has expanded the real estate, probate and estate planning areas of the Simmons Law Firm, which now has two locations, with its main office in downtown Fort Myers and its new Sanibel office. For the remainder of 2017, Murty will stay on and assist with the transition, but is expected to enjoy full retirement at the end of 2017. (Gus Simmons, pictured)
Pavese Law Firm partner Mary Vlasak Snell focused on legal types of ownership, IP concepts and the potential legal problems of starting and running a small business during a recent entrepreneurial class at Florida Gulf Coast University. She provided attendees with the essentials of forming, operating and governing limited liability companies and partnerships. Snell, who joined the firm in 1987, specializes in business and corporate law, estate planning, probate and trust administration, guardianship, and Medicaid planning. Among her other community outreach activities, Snell is a long-time member of the board of directors of United Way of Lee, Hendry and Glades Counties. Michael S. Hagen has been certified by the Supreme Court of Florida as a Circuit Mediator. This professional designation is held by just 3.1-percent of active Florida attorneys. Hagen, a graduate of Bishop Verot High and a University of Florida Gator, is an AV rated, Fort Myers-based attorney who has practiced law locally since 1985. He owns Hagen Law Firm and TaxCuts1, Inc., a property tax consulting and appeals company. Hagen was former attorney to the Lee County Property Appraiser (1994-2003) and focuses his law practice on real estate, business, wills, trusts, probate and property tax matters.
William Boltrek has been elected a stockholder at Henderson, Franklin, Starnes & Holt, P.A. He relocated from New York to join the firm in 2013. He focuses his insurance litigation practice on helping his clients minimize risk, damages and cost in the defense of personal injury cases based on early investigations and examination of the evidence. Boltrek handles cases involving motor vehicle accidents, slip and fall, premises liability,and tractor trailer accidents for insurance companies, municipalities and private clients. He also represents healthcare professionals in medical malpractice and licensure matters. Boltrek is a member of the Florida Association of Police Attorneys, Lee County Bar Association, Florida Defense Lawyers Association, and Defense Research Institute.
As Von Ahn Associates celebrates four decades in business, partners Karen Crawford and Maggie Miller are marking their 20-year anniversary with the company. Since joining Von Ahn Reporting Service as experienced court reporters in 1997, Crawford and Miller have ushered the agency through growth while guiding the legal community through several transitions. In 2002, the pair became owners upon the retirement of founder Patrick Von Ahn, when the firm was rebranded as Von Ahn Associates. In addition to its main office on McGregor Boulevard in Fort Myers, Von Ahn now has offices in south Fort Myers, Naples and Punta Gorda. Luis Rivera of Henderson, Franklin, Starnes & Holt, P.A., recently served as a panelist at the American Bankruptcy Institute’s 41st Annual Alexander L. Paskay Memorial Bankruptcy Seminar in Tampa. Along with Rivera, “Consumer Potpourri: Representing the Consumer Debtor; How to Survive Your Client’s 341 Meeting; The Elderly or Incapacitated Client; and Exemption Issues,” was presented by Hon. Dennis R. Dow, U.S. Bankruptcy Judge for the Western District of Missouri; Robert C. Furr of Furr & Cohen, P.A. in Boca Raton and Tampa-based Stephanie C. Lieb of Trenam Law. Rivera has broad experience in business litigation, bankruptcy, creditors’ rights and insolvency counseling and serves as a U.S. Bankruptcy Trustee for the Middle District of Florida.
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South Fort Myers: 6213 Presidential Court, Suite 100 • Fort Myers, FL 33919 Downtown: 2022 Hendry Street, Suite 104 • Fort Myers, FL 33901 Naples: 1415 Panther Lane • Naples, FL 34109
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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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2050 McGregor Boulevard • Fort Myers, FL 33901 Ph: 239-337-1303 • Fax: 239-337-7674
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SouthweSt Florida’S Criminal deFenSe lawyer Aggressive. Determined. Experienced.
Joe Viacava has successfully defended hundreds of criminal cases and is ready to help you and your client. All lawyers say that they are aggressive, but Mr. Viacava is known as the quintessential aggressive attorney. “Joe Viacava is a pit bull on cross-examination.” –NBC News Payment Plans • Aggressive and Thorough Investigation Top Quality Trial Performance Free, in-depth, personal initial consultation Referrals Welcome Private parking for clients • State of the art law office
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.
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P.O. Box 1387 | Fort Myers, FL 33902-1387 (239) 334-0047 | Fax (239) 334-0523 LeeBar.org
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