Res Gestae - May 2017

MAY 2017

LCBA Cares About Scenic SWFL

GO PLAY TOURIST

Reclaim Southwest Florida's endless wonders

Inside the cracker box

A Fort Myers native revisits old stomping grounds LAW WEEK: A DEDICATION TO SERVE Reconnecting with purpose THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

Contents On the cover: Bowditch Point Regional Park boardwalk Photo credit: April Bordeaux

22

30

features 16 A dedication to serve

by Sara Fitzpatrick Comito

22 Go play tourist

Reclaim Southwest Florida's endless wonders

by Sara Fitzpatrick Comito

departments 6 Letter from the President

30 The Dish

by Kelly L. Fayer, Esq.

8

Letter from the Executive 32 LCBA Judges Care

Hon. Lee Ann Schreiber Director

by David Seitz

10 Calendar of Events

The Cracker Box

34 LCBA Members Care

Pete Doragh, Esq.

12 Ethically Speaking

36 LCBA Members Care

13 LCBA Charity Golf

38 100 Club

by Henry Lee Paul, Esq.

Tournament

14 Solo & Small Firms Practice

Paul Giordano, Esq.

42 In the News

News and Happenings

Section

by Jason Gunter, Esq.

18 YLD Spotlight

by Kayla Richmond, Esq.

20 Legal Lens

Past Presidents Luncheon

28 Legal Lens

4

Shrimp Boil

RES GESTAE  | MAY 2017

Correction: In the April issue, Hon. Kathy Sturgis was misidentified with an incorrect first name. The LCBA is grateful for her contributions as Co-chair of the Pro Bono Committee, and we regret the error.

AD DIRECTORY Barbara Pizzolato 35 Boyle & Leonard, P.A. 46 Brad Jessen, Edward Jones 21 Brodeur Carvell 29 Business Observer 26 Calvo & Calvo Attorneys at Law 21 Compass Law Firm 27 CONRIC PR & Marketing | Publishing 26 CopyLady 7 Dave Culbreth Investigations 33 DeMine Immigration Law Firm 29 Denise Kennedy 37 Donna Tisch 40 Edison National Bank BC ENCORE Bank IFC Experience Real Estate Group, LLC 21 Finemark Bank 35 Fort Myers Court Reporting 9 Garvin Law Firm 34 Get Smart Bail Bonds 45 Geraghty Mediation 35 Grant, Fridkin, Pearson, P.A. 38 Henderson, Franklin, Starnes & Holt, P.A. 41 Hotel Indigo 43 Joe Viacava Law IBC Kempton P. Logan 27 Kushner & Kushner Attorneys 41 Law Firm of Scott T. Moorey 17 Law Offices of David L. Orosz 41 Law Offices of Dennis L. Webb 40 Legal Aid - CLE 26 Leonard P. Reina 19 Leslea Ellis, LLC 39 Livingston Loeffler, P.A. 37 Martin Law Firm 45 McHale, P.A. 19 Merit Court Reporting, Inc. 39 Molloy Law, LLC 36 Musca Law Office, Inc. 3 Patterson Eskin & Ball 41 Roetzel & Andress 27 Sanibel Captiva Community Bank 15 Sheldon E. Finman, P.A. 32 Spivey Law Firm, P.A. 5 The Divorce Lender 11 The North Law Firm, P.A. 29 The Strayhorn Building 37 Veranda Restaurant 33 Von Ahn & Associates 43 William DeForest Thompson Jr., LLC 19

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Letter from the President Blue skies, sunsets and endless sand make our Southwest Florida home the stuff of postcards. Who wouldn’t want to write home about all this beauty?

And aren’t we lucky to live in this paradise – the envy of our northern friends? Inevitably, real life sets in.

Transplants get absorbed into the day-to-day of work and realize they’ve traded one routine for another, just with slightly different trappings (an umbrella and sunscreen in the car rather than an ice scraper, perhaps).

Those who were born here, too, need a little reminding about what makes this place so special. It’s easy to forget to take advantage of the many recreation choices we have here.

Most days, a window constitutes my connection with scenic SWFL. Each day, I see the view of a pool outside my living room window while I am eating breakfast in the morning. It is a great place to relax, and I do not go there because, like you, my clients have put their future in my hands. I can see plenty of nature from my car window on the way to work, court or meetings.

It looks like an impressionist painting because it passes by too quickly to be put into stark relief. If I am lucky enough to leave my work in time, I can see a beautiful sunset as I drive home from the office.

The publishing team has put together a brief tour through the natural wonders of our region. Make an appointment to fish, hike or swim. Take a cue from our YLD and go paddling (page 18). Do something very un-lawyerlike and attempt to empty your mind like a shell that’s been tumbled by the tide. It might take some practice to become “choiceless,” as Anne Morrow Lindbergh invites us to do on a beach, but consider how it could enhance your quality of life, and even help you thrive in your day-to-day. You might be inspired to remember why you chose this profession to begin with (page 16).

Although I will have to refer to page 22 and strive to heed the reminder to experience more of SWFL, I am fortunate that I love what I do every day on this side of the window. Many of you already know that part of my practice involves assisting victims of domestic violence. When I first meet them, they are hurt and scared. As they progress through the court system, and their confidence returns, they remember to value themselves and I can see them become whole. It takes time, but it is worth it to see their personalities bloom. It’s like watching flowers grow right before my eyes, and that is a remarkable form of scenery in itself.

Nevertheless, it’s important to remember “recreation” means to re-create one’s self. As we make others whole through our work, we have to do the same for ourselves. Scenic SWFL provides an excellent boost to one’s sense of purpose. So get out there!

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

RES GESTAE | MAY 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 Tom Coleman, 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 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 Merchat, 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. 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 Our theme for this month’s issue is that the LCBA cares about SWFL, and as someone who was born and raised in Florida, it’s great to see an organization such as ours celebrate this great community we live in. Last month, we held the Annual Pro Bono Awards in conjunction with FRLS at the Sidney & Berne Davis Art Center, and at last count we had 52 attorneys accept a Pro Bono case so far this year. Thank you to everyone who stepped up to help out, and a big thank you to Justice Canady for trekking from Tallahassee to help recognize their good works.

We begin the month of May by kicking off Law Week with some great #KindLee volunteer opportunities, the Law in the Mall at the Edison Mall, and the annual Lee Health Blood Drive next to Henderson Franklin’s offices. The goal for this year was to collect 20 units of blood, or just about 3 gallons, and I’m sure I put my pint in. Did you? Legal Clinics like Law in the Mall are awesome to watch in action – all of the people who walk up have something they could use advice on, and once we’ve closed up shop, I’ve never seen an attorney who didn't feel that “batteries full” sense of satisfaction from helping these clients navigate their issues.

LCAWL is hosting the Law Week Judicial Appreciation Reception honoring Judge Robert Branning at the Edison Restaurant Thursday night, and the Law Week Awards Luncheon will be this Cinco-de-Mayo Friday. We have some great Officer of the Year nominees, and a fantastic Liberty Bell Award to give to someone who is really making a difference in our community. Head on over to leebar.org to register, or to see who the winners were.

The Annual LCBA Charity Golf Tournament is going to be played May 21st at the Forest Country Club. Any event that has had this much planning and energy put into it has to be a good one. We have some really awesome silent and live auction prizes for the 19th Hole Lunch across a broad spectrum of tastes, so there’s sure to be something for everyone. New for this year, we have the “Ultimate Handicap” tickets, where you don’t even have to show up to help support the charity. Just buy one of these and you get a mulligan on even getting out of bed! The net proceeds this year will be supporting the Lee County Legal Aid Society, and their 50 years of hard work helping families across Southwest Florida.

If you would like to see your logo under that “Annual Sponsors” list, or just need to up your marketing game, please reach out to me at info@leebar.org.

We still have a ton of great events and programs left in 2017, and the only way to continue doing as much as we do is with your help and support.

Thank you!

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

RES GESTAE | MAY 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. Jason Gunter, Esq. Beverly Grady, Esq. Kayla Richmond, 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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MAY 2017 | RES GESTAE

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

May 4

Law Week Judiciary Appreciation Reception

4 – 7 p.m., The Edison Restaurant, 3583 McGregor Blvd. Hosted by The Lee County Association of Women Lawyers. Members $20, non-members $25. RSVP to Dawn Jezik at ddj@ blslawyers.com

May 5

Second DCA Oral Arguments & Students’ Q&A 8:30 a.m., Courtroom 4B

Law Week Awards Luncheon

11:30 a.m. – 1 p.m., Sidney & Berne Davis Art Center. Honoring Law Enforcement Officers of the Year.

The Dr. James A. Adams Lee County Teacher of the Year for Law-Related Education will be awarded to an outstanding teacher, and the prestigious Liberty Bell Award will be presented to a deserving community member. Members $20, non-members $30, judges complimentary.

May 10

General Civil and Business Litigation CLE Lunch

May 12

June 15

9 a.m. – 2 p.m., Courtroom 5H. Attorneys/family law professionals $125; LCBA Members $100; staff/ paralegals $50; judges complimentary.

Hosted by Lee County Legal Aid Society. Contact: Alina GonzalezDockery at LCLA67@leecountylegalaid. org

Noon – 1 p.m., Courtroom 5-C

3rd Annual “A View from the Bench”

May 18

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

May 21

Lee County Bar Charity Golf Tournament 8 a.m., The Forest Country Club, 6100 Club Blvd. Register online at www. leebar.org/GOLF. See page 13 for info.

May 25

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

May 29

Noon – 1 p.m., Courtroom 4-H. Topic: Dealing with Daubert. CLE credit approved

Memorial Day

May 11

June 2

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

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

Criminal Law Practice Social

LCBA Criminal Law Practice Section Meeting

Young Lawyers Division Meeting

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

LCBA Office and Courts closed

Young Lawyers Division Meeting

June 9

LCBA Family Law Practice Section Brown Bag Meeting

June 16

LCBA Membership Member Luncheon

Noon – 1 p.m., The Marina at Edison Ford (Pinchers), 2360 W. First St. Special guest: The Florida Bar President William J. Schifino, Jr. LCBA members $20, non-members $30; judiciary complimentary.

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.

July 4

Independence Day

LCBA Office and Courts Closed

July 7

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

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

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

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RES GESTAE | MAY 2017

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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.

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.

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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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• A CDLP® is able to identify potential concerns with support/maintenance structures that may conflict with mortgage financing opportunities.

There is no cost to you or your clients to have Nathan Davis – A Certified Divorce Lending Professional® – as a trusted resource to help guide your clients through these common scenarios:

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(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.

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MAY 2017 | RES GESTAE

11

Ethically Speaking

Enshrining the right to choose counsel When a represented person is not represented under rule 4-4.2

By Henry Lee Paul, Esq.

I

n the recent case, Inquiry Concerning a Judge, No. 13-25 Re: Andrew J. Decker, III, SC14-383 (Fla., March 2, 2017), the Supreme Court made a strong statement in support of the right of a client to choice of counsel. In the context of Rule 4-4.2 (Communication with Person Represented by Counsel), the court reversed a finding of the Judicial Qualifications Commission of a rule violation by the then-attorney Decker, who was subject to discipline for conduct as an attorney prior to his election as judge.

The facts were that Decker represented several defendants in a commercial matter in active litigation in which there were other defendants represented by another counsel of record. Decker had what was described as a “secret” meeting with one of his clients and a client of the other defense counsel, after the other client claimed to Decker that he had terminated his counsel. Decker did not contact other counsel to confirm this termination. Decker then participated in a “secret” settlement, without the knowledge of the other lawyer, to the detriment of other lawyer’s remaining clients.

In rejecting the finding of a violation of Rule 4-4.2, the Court stated: “ [When] a party … has decided that he no longer

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RES GESTAE | MAY 2017

desires to be represented by counsel [he] should not be chained to counsel for purposes of Rule of Professional Conduct 4-4.2(a) until counsel withdraws under Florida Rule of Judicial Administration 2.505(f )(1). And a lawyer like Decker should not be required to further investigate the status of the representation once the party has stated unequivocally that he is not represented by counsel.” See, Decker at 32.

without the knowledge of authorization of the primary lawyer. This type of situation may arise when a client is seeking another opinion on the conduct of the representation.

This position, which is contrary to many other jurisdictions, drew a lengthy concurring opinion by Justice Pariente (joined by Justice Lewis) concurring in result but in disagreement with reversal of the finding of a violation of Rule 4-4.2. However, the majority opinion is consistent with the strong policy of the Florida Courts in favor of the right of a client to hire and fire a lawyer at will. This policy applies to such matters as the right of a client to discharge a Florida lawyer in a personal injury case without penalty by application of quantum meruit. See, Rosenberg v. Levin, 409 So. 2d 1016 (Fla. 1982).

It is of course a matter of choice whether a lawyer decides to engage in such a type of consultation without knowledge or authorization from the primary lawyer.

As a general matter of policy, Rule 4-4.2 itself does not necessarily preclude such secondary consultation. However, there may be other considerations, such as conflict or solicitation issues, that could restrict or prohibit such communication. RG

In a related matter, it is my experience that there is much confusion among members of the Bar about when a lawyer may consult with a client actively represented by another lawyer on the subject matter of the representation,

The comment to rule 4-4.2 affirms that, “Nor does this rule preclude communication with a represented person who is seeking advice from a lawyer who is not otherwise representing a client in the matter.”

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.

TEE UP FOR CHARITY and even win a brand new car!

Love the smell of competition in the morning? Of course you do – you’re an attorney! Scratch that itch and do a lot of good for our community at the LCBA Annual Charity Golf tournament.

Sunday, May 21 at The Forest Country Club Registration begins at 7 a.m. Shotgun start, 8 a.m.

A hole-in-one is always a good way to shine up the old ego. That achievement would get some extra mileage in a 2018 AUDI A5 Cabriolet* Great prizes have been also secured for best golf teams, longest drive and closest to the pin. Shannon Puopolo and the committee have obtained some excellent live and silent auction prizes, including an “I Shot with the Sheriff” experience, a dinner party served by the Fort Myers Beach firefighters at the fire station, a stay at a 5-star resort and painting portrait session, rounds of golf at several great courses, hotel stays and multiple dining experiences.

Your registration includes breakfast, bloody marys and mimosas. Enjoy a buffet lunch, raffle, silent and live auction. Register at leebar.org/GOLF. 100% of the proceeds benefit the Lee County Legal Aid Society and the new LCBA Foundation.

Volunteers and interested sponsors, please contact, David Seitz at dseitz@leebar.org.

Lunch-only tickets available.

Roetzel returns as title sponsor. Thanks also to: Platinum Sponsors Cole, Scott and Kissane The Law Office of Spencer Cordell Gold Sponsor Henderson Franklin Silver Sponsor John Webb Legal Group Bronze Sponsor Guardian Law Firm 19th Hole Lunch Sponsor The Law Offices of Michael M. Raheb Beverage Sponsors Accurate Serve Fort Myers Court Reporting Brian Cheffer, Esq. Team Sponsor GrayRobinson Game Sponsor Calvo & Calvo Title Sponsor

*24-month lease courtesy of Audi Fort Myers awarded to one lucky winner who aces hole number 17

Solo & Small Practice Section

Failure is not an option!

Tax planning for solo & small firms

By Jason Gunter, Esq.

H

opefully by the time you are reading this article, you have either filed your corporate and individual income tax returns or requested extensions. Although it is most likely too late for you to do anything about lowering your 2016 tax liability, now is the time to make sure your books are in order and begin planning for next year’s tax season.

To be successful, solo practitioners and small firm owners must possess the know-how to run their business just like entrepreneurs in any other line of work. To lack a working knowledge of your business organization, its finances, and at least rudimentary financial planning techniques to reduce your tax liability, will—at a minimum—put you at a disadvantage with respect to those firms who do have such knowledge. At worst, the consequences could be dire and your practice could fail. Failure is unacceptable, and therefore, not an option!

In order to avoid such an outcome, solo and small firm lawyers owe it to themselves to take the time to thoroughly educate themselves about

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RES GESTAE | MAY 2017

running a small business. While this is a big commitment, it is overlooked at one’s own peril. Accordingly, we have come up with the following tips and recommendations based on our experience: Know Your Books: I believe that most solos and small firms should manage their own books. Your firm will be more successful if you have an understanding of your firm’s chart of accounts and how various transactions are handled.

Spending money on bookkeepers for your solo or small firm is a poor use of capital, where that money could be better-utilized to retain another attorney or a paralegal, or allocated to marketing.

The best place to start would be to enroll in a cloud-based financial software program, such as QuickBooks online, to assist in managing your finances.

These programs are very intuitive. If your firm has five employees, there is very little reason to utilize a payroll services company. I have a busy practice, but with QuickBooks online I am able to pay all bills, receive all payments, handle payroll through direct deposit, pay my monthly payroll taxes (electronically) and file my

firm’s Form 941 electronically. All of this is done in a matter of seconds once it is set up correctly.

This year I completed my own corporate income tax return, as well as my personal return. Yes, it took an immense amount of time, and there was a steep learning curve. But, moving forward, I can assure you that I will be more efficient and save a tremendous amount of money based on what I learned.

Learn About Income and Deductions Under the Code. You may have an accountant, but it is a good practice for attorneys to know about taxable income and legitimate business deductions that will decrease their gross income.

For example, section 179 of the Code allows a taxpayer to immediately take an “accelerated” depreciation expense for certain purchases of furniture and equipment made for the business. This provision applies to computers, monitors, desks, chairs, and almost anything you can find in an office. Since these are assets, a taxpayer has the option to depreciate these items and their expense over the appreciable life. That’s great, but if you have a big year, that’s not

much of a deduction. Therefore, section 179 allows the taxpayer immediately to fully depreciate the expense for the entire amount during the year that the furniture, equipment, or other item was put in service.

Section 179 also allows a firm to take deductions for qualified leasehold expenses when a lessee is making improvements (such as office buildout) to a building that is greater than three years old. Again, the taxpayer has the choice of taking the full cost of the leasehold improvements as an accelerated depreciation expense deduction or only taking some of that deduction and spreading the remainder over another tax year.

Now, understand that you need income to take deductions. If the firm is hurting for money and you have very little income on the horizon, the firm should not go out and buy a $4000 laptop simply to take a section 179 deduction. Finally, when preparing your chart of accounts,

I recommend trying to match your chart of accounts with the categories that are included on the corporate tax form. You will, of course, need to add additional categories.

The key is to start rehabilitating your books early in the year, so you are not crushed with the tax burden we all fear when your hard work pays off and you land the big case(s). Take control of the process and eliminate any doubt as to how your hard-earned money is being allocated. RG

(3). Hiring Independent Contractors.

Perhaps you are growing, but not to the level where you need a full-time attorney.

It can be very helpful to hire independent contractors to assist with your legal work.

This is perfectly acceptable as long as you relinquish the requisite “control” over those contractors. With an independent contractor, the firm will not have to pay employment taxes or provide benefits.

The relationship can be temporary.

Therefore, if the workload increases the amount of work performed or projects will increase. Likewise, if the workload decreases the independent contractor’s workload will be lower, or that individual may end up separating the engagement.

The amount you pay these independent contractors will be deductible expenses as well!

Jason Gunter is the president of GunterFirm, a boutique law firm practicing business and labor and employment law.

He and Associate Attorney Conor Foley founded the LCBA Solo and Small Firm Practice Section in 2015. The section collaborates with its members, providing education in areas including entrepreneurship, goalsetting and professionalism, with a particular focus on the efficient use of modern technology.

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MAY 2017 | RES GESTAE

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A dedication to serve

By Beverly Grady, Esq.

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RES GESTAE  | MAY 2017

T

he launch of the #KindLee initiative as part of LCBA Cares provided an opportunity to explore members’ “original spark,” the impetus for following their dream to become an attorney. Law Week is an excellent time to reconnect with that spark. It’s been illuminating to collect your stories, and when there are enough again, Res Gestae will follow up with more of these anecdotes. Follow along, and you might learn something about your colleagues you didn’t know, or enjoy a welcome reminder on difficult days about why the profession is so worthy of your dedication.

So, why did YOU become an attorney?

 Mike Randolph GrayRobinson “Not long before I decided to go to law school, my mom found a note from elementary school where I listed the three things I wanted to be when I grew up. Football and baseball player were ‘1’ and ‘2’ and by then were not an option.

The remaining option: ‘judge.’ At least I still have a shot!"



Spencer Cordell

Anne Dalton

become a lawyer. My mom was in law school when I was born, and would read me to sleep with her legal studies.

I am a lawyer because I enjoy being in a courtroom and presenting my arguments to the judge and jury.”

“To make a difference in the world by local involvement in issues of justice for the middle class, elderly and the working poor. To spend my life in intellectual pursuits.”

Law Office of Spencer Cordell, P.A. Florida Certified Circuit Civil & Family Mediator “It was probably unavoidable that I



 Indera DeMine

DeMine Immigration Law Firm “I wanted to be an attorney because I wanted to prove that no matter how humble my beginnings, I could achieve my wildest dreams with hard work and a little faith in the universe.”



Kayla Richmond

Henderson Franklin “I originally went to law school because I thought it was my next step to becoming a politician. While in law school I was redirected by the courses that I took, and realized I wanted to advocate for individuals one on one.

Being able to educate people in a world where the law is too complicated to read once and understand is very rewarding.”

Kathy Smith



Public Defender “I chose to pursue a career as a Public Defender to level the playing field for all the clients who couldn’t effectively fight injustice themselves. And as history teaches us, ‘Injustice anywhere is a threat to justice everywhere’ – Martin Luther King, Jr.”

Scott J. Hertz, Esq. Roetzel & Andress

“To be able to use my skills and knowledge to help people rectify wrongs that have been done to them.” RG



MAY 2017 | RES GESTAE

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YLD Spotlight

Paddle your way to wellness

by Kayla Richmond, Esq. LCBA YLD President

F

or the last three years, the LEE YLD has participated in The Florida Bar and Young Lawyer’s Division Health and Wellness initiative. The state Bar has declared the Month of May “Health and Wellness” month and the Florida YLD has consistently supported our local programs promoting this cause over the last few years.

Most recently, the LEE YLD paddle-boarded through Estero estuaries with the Collier County Young Lawyers and Honorable Judge Archie Hayward. Last year, we sailed with the Edison Sailing Center down the Caloosahatchee River, enjoying the Florida vitamin D and learning about local waterways and its pressing needs.

This year we are keeping the theme by participating in Full Moon

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Kayaking during the month of May at Lover’s Key. As locals, we often forget to take a moment and enjoy the sights and sounds that are within walking, biking or driving distance (to me that means Naples to Port Charlotte). Through these events, and the upcoming Full Moon Kayaking, the LEE YLD hopes to encourage young and experienced attorneys alike to take a moment away from the office, learn a new skill, have fun with friends, and enjoy a local attraction.

Our kayaking event will begin just before sunset, and meander through the back bay near Lover’s Key. After watching a beautiful sunset, our participants will continue their adventure through the water, during dusk and until the moon appears. The trip will end under the stars. The event is open to all young lawyers and guests. Bring bug spray,

sunscreen and a water bottle - all other supplies will be provided. To attend, please RSVP to Kayla Richmond at kayla.richmond@henlaw.com.

Please also join the LEE YLD on the first Friday of every month for our monthly membership meeting. Next month on June 2, we will meet at the Twisted Vine - downtown Fort Myers at 12:00 p.m. For additional questions or information, please like us on Facebook, or email our Secretary, Danielle Seitz at dseitz@floridalegalrights.com. RG

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MAY 2017 | RES GESTAE

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Legal Lens

Kelly Fayer, Tom Smoot Jr., Tom Smoot III

Shannon Puopolo, Suzanne Boy

Magistrate Carolyn Swift, Judge Tara Paluck

Past Presidents Luncheon On March 24 the LCBA gathered to honor and gently roast our past presidents. Tom Chase told tales out of school and the Smoots passed around the mic for the recounting of select exploits.

Michael-Anthony Pica,Michael Raheb

Photo credit: Jim Jett Photography

John Agnew, Mike Corso

Drew Epstein, Dan Endrizal

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Supervisor of Elections Tommy Doyle, Judge Josephine Gagliardi

Mayor Randy Henderson, Kelly Fayer

Walter Sheppard

Justin Mazzara, Lee Golden

Don’t Let Your Investments Take a “Vacation”

It’s summer again – time for many of us to take a break. But you never want your investments to go on “vacation.” So, how do you keep your portfolio working hard all year long?

For starters, make sure you own a sufficient amount of growth-oriented investments. If you have too many investment vehicles that offer little risk but also little growth potential, you may have trouble making progress toward your goals.

Next, review your progress at least once a year. Over time, the performance of different investments within your portfolio could cause it to “drift” in ways that are unfavorable to you or cause you to take on too much risk.

Finally, don’t look for shortcuts. True investment success typically requires patience, persistence and the resilience to continue investing even during market downturns. You need to establish your goals and keep them constantly in mind as you invest.

Hopefully, you will enjoy a pleasant vacation sometime this summer. But your investment portfolio shouldn’t take time off.

Brad Jessen, Financial Advisor

239.283.2582 • edwardjones.com

Member SIPC

12016 Matlacha Blvd, Suite C, Matlacha Isles, FL 33991

This article was written by Edward Jones for use by your local Edward Jones Financial Advisor.

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MAY 2017 | RES GESTAE

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Go play tourist Reclaim Southwest Florida’s endless wonders

By Sara Fitzpatrick Comito

L

Barefoot Beach, Bonita Springs, Florida

ife on a peninsula is a pretty interesting thing, especially one as large as Florida. New residents discover concepts that can be foreign at first.

Microclimates mean the way you garden might be very different from the lady down the street who’s closer to the river. Estuaries fascinate children and adults alike, with their transitional zones as rivers merge with the sea. In the rainy season, three o’clock means rain. In the winter, papaya can be made into a jam, but so can traffic. In the ebb and flow of Florida life, May is the month where permanent residents begin to reclaim their territory. The tourists are clogging I-75 northbound, so isn’t it time to go play tourist? Let’s explore just a few of the many treasures in our own backyard.

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Maroon yourself

In Florida, naturally, we must start at the beach.

Siesta Beach in Sarasota was named No. 2 in Dr. Beach’s Top Ten for 2016, so that’s worth a day trip or overnight visit. Closer to home, there’s Barefoot Beach in Bonita Springs, which occupied that spot for a couple of years. Get lost among the sea oats and tidal lagoons of Lovers Key, the location for the LCBA’s annual Shrimp Boil, which was a fundraising success for the new Foundation in March. Stunning sunsets are available at Blind Pass Beach, and also Fort Myers Beach, where night life excitement awaits.

Iconic Lighthouse Beach on Sanibel is world famous for its shelling. On rainy days, duck into the BaileyMatthews National Shell Museum, open 10 a.m. – 5 p.m., which is the only museum in the U.S. dedicated to shells and the mollusks who make them. Nearby is J.N. “Ding” Darling National Wildlife Refuge, a favorite for spotting breathtaking roseate spoonbills and other fascinating birds and wildlife. Travel to Sanibel is decidedly easier in the off-season. Once there, the best way to play tourist is on two wheels, and there are a few places to rent bikes too.

Kayaks and paddleboards can be rented at several outlets on the water, from Bunche Beach to Lovers Key to Matanzas Pass. Have you ever tried a night fishing charter? A handful of local restaurants will even cook your prize catch to order. The “fishingest bridge” does what is says in Matlacha, where the dolphins play. It’s also home to funky galleries, restaurants, shops and locals with a story at the ready.

Pine Island doesn’t have a beach on its mangrovelined shores. Make like a local, and jump aboard a ferry to Cayo Costa, and explore the Gulf side, with its swaying sea oats and rolling waves, or the Sound side, which is more protected. Primitive cabins and tent camping is available on the island. Just be sure to secure your food stores from the raccoons, who are plenty acclimated to people. It’s worth it to get away from the light pollution of the mainland, and see stars you normally couldn’t. If conditions are right, you can stir up the water at night and watch it glow. Ever write your name in bioluminescent “ink?”

Archaeology buffs will want to head to the Randell Research Center in Pineland to learn about the ecology of our region and our area’s first people.

Located at a former Calusa village, it’s one of a few remaining shell mound sites between Charlotte Harbor and the Ten Thousand Islands region of the Everglades. Another important archaeological site is Mound Key, accessible only by boat. Lovers Key provides a good launch point.

Sanibel Lighthouse

Get beached

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Gain some perspective

Stay where you play

Mound Key is also a popular first stop along the Great Calusa Blueway, a 190-mile trail offering more than 80 highlights and access points for paddlers.

Gliding silently across the water is an excellent way to freshen your perspective. Another kind of perspective is provided by a ride over Southwest Florida in a hot air balloon or seaplane. An interesting historical view is provided by a tour of Koreshan State Historic Site, where one can learn about the followers of Cyrus Teed, who believed the universe resided inside a hollow sphere. The creatures and plants that form the ecosystem of the Six Mile Cypress Slough Preserve are always worth visiting for a boardwalk tour, and offer a different glimpse of the interplay of Florida’s natural systems in both the dry and rainy season.

In her book Gift From the Sea, Anne Morrow Lindbergh wrote, “The beach is not a place to work; to read, write or to think.” Many readers here will have difficulty with the concept of doing nothing, or as she put it, lying “empty, open, choiceless as a beach.”

It’s good medicine, though, to carve out a void from the business of life and sample a bit of choicelessness. Lindbergh loved the beach. Southwest Florida offers an endless variety of outdoor activities and attractions that will help you reconnect to yourself, your family and the beautiful place we’re lucky to call home. RG

Turn a weekend into a summer indulgence. Better yet, steal a couple of weekdays. When you’ve had your fill of paddling, biking, birdwatching or shelling, there’s nothing better than an exquisite meal, a refreshing beverage, maybe a soothing spa treatment and some luxurious linen to cradle your head as you dream about tomorrow’s adventures. You work hard for your clients all year long, and the LCBA has been hard at work securing special rates for you to enjoy this summer and throughout 2017. These stunning resorts have just come on board:

i DiamondHead Beach Resort & Spa i Hilton Naples i GullWing i Pointe Estero i Park Shore Resort i Sanibel Moornings Visit www.leebar.org/membership/ member-benefits to see the growing list and carve out some you time.

MAY 2017 | RES GESTAE

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VIEW FROM THE BENCH & MORE! A

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MAY 2017 | RES GESTAE

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Legal Lens

Kelly Fayer, Kristalyn Loson

Meaghan and Brandon from Accurate Serve

Boil masters Jerry Von Gruben and Judge Robert Branning

Shrimp Boil Jerry Von Gruben and Judge Robert Branning again got crafty with the crustaceans to the delight of all who attended the second annual Shrimp Boil at Lovers Key – the first to support the new LCBA Foundation. John Webb Legal Group also served as the event's first-ever title sponsor.

The Branning family

Photo credit: Jim Jett Photography

Magistrate Kim Bocelli and family

Plenty of pink gold for everyone

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Danielle and David Seitz

Shirlarian Williams and family

Jerry Von Gruben stirs the pot

Musicians got to eat, too!

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

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MAY 2017 | RES GESTAE

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The Dish

JUST SAY “YO!” AT THE CRACKER BOX

By Sara Fitzpatrick Comito

“Yo”

is part of a pirate chant, and it’s what one shouts as an expression of appreciation when the band finishes a number at the Cracker Box. Hoist your beer at the same time then take a hearty glug, and by the time Jody gets up to do some Patsy Cline at the end of the night, it will be the sweetest rendition you ever did hear. Tom Smoot III is well acquainted with the tradition – and many of the regulars – having spent some late evenings at the distinctively Southwest Florida institution as a younger man, but is now making up for lost time in appreciating the menu.

A casual survey of some acquaintances of my own revealed that many, like myself, had driven past, habitually wondering what goes on in that the funky, old, multicolored house at the end of McGregor. Others, like Tom, had frequented the old-timey establishment for the rockabilly music and dancing. Sort of a final outpost

their own success by becoming part of the scenery.

Consider this a reminder to circle back to some of those and discover the reason for their staying power. At the Cracker Box, the entertainment and fun folks are still standard, as is a dedication to downhome cooking. Get to chatting with Jody, daughter of the original owners, and you’ll share some laughs and even a warm hug upon departure. There’s a sense that the Cracker Box is a place for her family to entertain friends, and you’ll find yourself in that category soon enough. And everyone’s gotta eat.

before Sanibel that is nonetheless very much on island time, it’s the second-oldest continually operating restaurant in mainland Lee County (the Farmer’s Market on Edison Ave. near downtown is the first). Older restaurants sometimes fall victim to

Photos top clockwise: Tom Smoot III, Grouper Chloris, jam session, stuffed grouper with crab

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Attendees of the LCBA’s annual Bar-BQue at the beautiful Smoot property on the Orange River in Buckingham know well that family’s dedication to feasting. So it was only natural to take the youngest Tom out to find some good grub. On a recent campout with his daughter and her friends, he did fry up the bait minnows like any good Fort Myers boy, so he knows fresh seafood. Like the Smoots, the Cracker Box menu also has a lot of history built in.

Photos top to bottom: Gulf shrimp, crab cakes, hush puppies and green beans, fried green tomatoes and horsey sauce

The “Baked Chloris,” the house specialty, is named after Jody’s grandmother. This was Tom’s choice, with grouper as the fresh catch. It arrived as a bubbling crock chock full of flaky fish submerged in a creamy parmesan sauce and topped with buttery breadcrumbs. It would have been enough to share between two people, especially with the roasted potatoes, hush puppies and slaw, but he’s not a lunch eater, so was game for the challenge. Our table started with the fried green tomatoes, which were simple, crispy, meaty and tangy. All this comforting food had Tom nostalgic for the days he could kayak or run to work. Then Miguel Fernández had to go and rent out that office that had the shower. LCBA’s presidents have a way of telling tales out of school, which you would have enjoyed at March’s luncheon roast in their honor.

The crab cakes are described as

“sensational” on the Cracker Box menu, and no one in our party is inclined to disagree. Fried or grilled, it’s a mystery how they can keep from falling apart since sweet, meaty crab leaves little space for extraneous supporting characters.

If you’re burned out on crab cakes that promise the world only to break your heart in dry little flakes, to the Cracker Box, go, and quickly too (apologies to Shakespeare). My Gulf jumbo shrimp certainly lived up to their name.

Land lubbers, I don’t understand you, with all this briny bounty about, but you’ll fare quite well at the Cracker box. There are several sirloin burgers. The “Baked Clarence,” named for Jody’s grandfather is a chicken breast given that creamy parmesan and breadcrumb treatment. Or how about some fried frog legs?

Even after many years, the folks at the Cracker Box remember Tom Smoot. He makes an impression, of course, but it says a lot about a restaurant that it remembers it’s in the people business first. Give it a go, and just say yo! RG

The Cracker Box 16910 McGregor Blvd. Fort Myers (239) 466-4344 Call for hours and music schedule www.facebook.com/ TheCrackerBoxRestaurant Reservations recommended cash only

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!

MAY 2017 | RES GESTAE

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LCBA JUDGES CARE Hon. Lee Ann Schreiber

Association of Family Law Professionals, member From a young age my parents taught my siblings and me the importance of giving back. Of the many volunteer projects I’ve been involved with over the years, both as a lawyer and a judge, the Southwest Florida Association of Family Law Professionals is one of the most professionally and personally rewarding to me. AFLP was formally established in the mid 1990s as an interdisciplinary group whose focus was, and still is, preserving familial relationships by reducing the adverse effects of litigation on children and families through innovative and problem-solving approaches to legal, socialpsychological and financial issues faced by separating and divorcing couples.

AFLP is composed of judges, magistrates, lawyers, mental health and financial professionals, judicial assistants, court staff members, school counselors, educators and other professionals who subscribe to and practice these principles in their respective fields.

What I appreciate most about this group is the collegiality, the opportunities to brainstorm ideas and to learn from each other. The quarterly educational lunches and the annual fall conference are interesting, provocative, and nearly always yield a new creative or innovative tool for the family practitioner’s tool box. To learn more about AFLP visit their website at www.swfl-aflp.com.

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.

Julia L. Finman, Esq.

239-332-4543 • RespectfulDivorces.com 2134 McGregor Blvd.

Fort Myers, Fl 33901

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The Lawyer Referral Service is seeking LCBA Member Attorneys to join.

DAVE CULBRETH INVESTIGATIONS

Below are some facts about the service: Cost is $150 a year.

Membership runs from June 1, 2017 – May 21, 2018.

Lawyer Referral Service Benefits for Attorney Members The Lawyer Referral Service helps attorneys: Build new practices Grow existing practices Expand into new practice areas Reach a wider base of potential clients than traditional advertising For an application, e-mail Lisa Poulin at Admin@leebar.org.

25 years assisting law firms in SWFL and Cincinnati Results. Whether trying to serve someone who’s hiding, interview someone who’s evasive, or videotape someone who’s a fraud or sneaking around, results are what count! For years, I’ve gotten results for law firms in Cincinnati and now I’m here to get results for you.

If you need me, call me.

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DaveCulbrethInvestigations.com MAY 2017 | RES GESTAE

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LCBA MEMBERS CARE Pete Doragh, Esq.

Rotary Youth Exchange Florida, Chairman Do you know a high school student who would benefit from a year abroad, learning about the world, their country and themselves? Every year, Rotary Youth Exchange Florida awards 80 scholarships to deserving students throughout the state. Exchange scholars open a world of potential as they become global citizens and peace ambassadors.

While attending high school abroad, students are hosted by one to three families under the supervision of local Rotarians. Often the exchange includes extensive travel opportunities, allowing for even more cultural experiences. In addition to establishing relationships with their new families, students engage in a network with other exchange students from around the world. Students are encouraged to learn their new language prior to departure, but acquire language skills more readily by immersion.

It takes a special young person to take this leap, and there is no stereotypical personality that fits all situations. The desire to succeed and the commitment to persevere are most critical for success. Applications open from August – October, 2017. Pre-departure training is held January to August 2018. We work diligently to prepare our students for a successful exchange. We are extremely proud of this program, as investing in our youth is an investment in our future!

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Jeffrey R. Garvin

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4280 Cleveland Avenue · Fort Myers, FL 33901

RES GESTAE | MAY 2017

Leland E. Garvin

Rick Ausick

President Famous Footwear

FineMark takes a comprehensive approach.

“I’ve worked with other advisors in the past and no one is more thorough than FineMark. They really took the time to understand my needs.”

Fort Myers • Bonita Springs • Charleston • Estero • Naples • Palm Beach • Scottsdale

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Geraghty Mediation Patrick E. Geraghty

Lawyer for Life

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.

Barbara M. Pizzolato, Esq.  Over 28 years experience  Licensed to practice in New York, New Jersey, Connecticut, and Florida  Committed to establishing long-lasting relationships with her clients  Offers personalized, customized legal services that clients expect and deserve

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12751 New Brittany Blvd. Suite 402 Fort Myers, FL 33907 Naples Office by Appointment

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PIZZOLATOLAW.COM MAY 2017 | RES GESTAE

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LCBA MEMBERS CARE Paul Giordano, Esq.

Coastal Conservation Association Florida, Chairman CCA Florida is a statewide, non-profit marine organization working in an advocacy role to protect the state’s marine resources and interest of saltwater anglers. Composed of 30 local chapters from Pensacola to Key West, CCA supports strong resource-based law enforcement, access to the resource for recreational fishing, and strong, fair, and balanced fishery regulations to protect state and federal fish stocks.

CCA Florida is one of 17 state chapters of the Coastal Conservation Association.

The CCA network is engaged in hundreds of local, state, and national projects that initiate scientific studies, fund marine-science scholarships, build artificial reefs, create finfish hatcheries, initiate hydrologic and contaminant studies, monitor freshwater inflows, support local marine law enforcement, and more.

I became involved in the Fort Myers Chapter in 2000 as a volunteer committee member and worked my way through the ranks to eventually hold the position of Chairman of CCA Florida. I joined CCA and gave my time and effort so the next generation can catch fish as I did when I was a kid and do so today (when I can get out there).

Next time you catch a fish, thank CCA. Now, get out there and take a kid fishing!

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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 Berrette & Zuppke, Attorney at Law, LLC 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 Knott Ebelini Hart Kuhn Law Firm, PA Kushner & Kushner LaDonna J. Cody, P.A., Attorney at Law Lee County Legal Aid Society, Inc. Levins & Associates, LLC Maughan Law Group 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 Law Office of Brantley Oakey 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.

We are pleased to announce that DOUGLAS L. WALDORF Florida Bar Board Certified Real Estate Attorney and M. TRAVIS HAYES Fellow, American College of Trust and Estate Counsel have joined the firm as Shareholders and

Legal counsel serving Southwest Florida

JUSTIN B. MAZZARA has joined the firm’s Litigation Group

GRANT FRIDKIN PEARSON 5551 Ridgewood Drive, Naples, FL | 239.514.1000 | www.gfpac.com

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DONNA TISCH M E D IATIONS • ARBITRATIONS “We take an Active Role...

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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, Practise Chair, at eric.gurgold@henlaw.com.

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In The News John P. Cardillo of the Naples law firm of Cardillo, Keith & Bonaquist, P.A. has been selected by the Supreme Court of Florida to serve another three-year term as a director of The Florida Bar Foundation.

The new term commences July 1, and will be Cardillo’s second three-year term in a row.

Cardillo is a native of Fort Lee, New Jersey. He received his bachelor’s of arts degree from Furman University in 1964 before continuing on to West Virginia University for graduate work, and subsequently received his JD from the University of South Carolina in 1968.

Douglas L. Waldorf has joined Grant Fridkin Pearson, P.A. as a shareholder. He has practiced law in Southwest Florida since 1987, including more than a decade as in-house counsel for SunTrust Bank. Board certified in Real Estate by The Florida Bar since 2002, Waldorf represents institutional and private equity lenders in structuring, documenting and closing commercial and residential financing transactions, mortgage foreclosures, deeds in lieu of foreclosure, forbearance agreements and other matters related to defaulted loan workouts and collection. In addition, his practice areas include real estate purchase and sale transactions, leasing and related landlord/tenant matters and title claims work.

Lowell S. Schoenfeld and Jennifer J. Hammond of Green Schoenfeld & Kyle LLP recently presented estate planning advice to 85 residents of Bayside Estates, a 55-plus community in Fort Myers Beach. The lawyers discussed Florida estate law requirements, the difference between wills and trusts and other aspects of estate planning, such as durable powers of attorney and living wills. They participated in a Q&A period regarding more-complex estate plans and Canadian and international estate planning complexities.

Michael Versnik has joined Henderson, Franklin, Starnes & Holt, P.A. as an attorney in the Tort & Insurance Litigation division. He represents individuals, policyholders, corporations and insurance companies against bodily injury claims and construction defect claims in state and federal court, as well as at the appellate level. Earlier in his career, Versnik served as a plaintiff’s personal injury and commercial litigation attorney. Versnik graduated magna cum laude with a B.S. in business administration degree from Webber International University, where he was an academic all-conference and academic allAmerican baseball player. He earned his law degree from Florida Coastal School of Law, graduating cum laude.

Whether to claim Florida residency and how it affects an estate plan is a consideration for seasonal Florida residents and others contemplating Florida residency. Many seasonal residents maintain two residences – one here and another in a northern state. In his new book, The Florida Residency & Estate Planning Guide, attorney Craig R. Hersch addresses whether a will, revocable living trust, durable power of attorney, health care surrogate and living will documents remain valid in Florida and how it affects northern holdings. Hersch is a Florida Bar board certified Wills, Trusts & Estates attorney at Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A.

Amanda Barritt has joined the Gladiolus Learning & Development Center’s Building Committee.

The committee will interview builders, architects and designers to make recommendations to the board to replace and construct a new facility. The center provides educational and developmental child care for children of low-income working families. At Henderson, Franklin, Starnes & Holt, P.A., Barritt represents residential and commercial condominium, homeowners’ and property owners’ associations, non-profit social and recreational clubs, developers, builders and individuals in all aspects of real estate development, and condominium and property association law. She also handles general real estate legal matters, including drafting contracts and managing title issues in all types of real estate transactions.

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In The News Pavese Law Firm partner Christina Harris Schwinn recently spoke at an intern workshop panel discussion at Florida Gulf Coast University. The free event was coordinated by CareerSource in conjunction with Society for Human Resource Management SWFL. Schwinn, whose practice area includes labor and employment law, discussed legal concerns with hiring an intern for a business, guidelines for paid or unpaid internships, and the employment status of an intern. Schwinn’s practice areas include employment law, business transactions, community association law and real estate law.

Jack C. Morgan, III has joined Aloia, Roland & Lubell, PLLC as an equity partner. The growing firm, which focuses on SWFL personal injury, business litigation, family law and real estate law, will soon be reconstituted as Aloia, Roland, Lubell & Morgan, PLLC. A former partner at a large firm with offices in several states, Morgan is a distinguished local attorney who concentrates in the areas of commercial litigation, liability litigation and construction defects.

Justin B. Mazzara has joined Naples-based Grant Fridkin Pearson, P.A. Mazzara has practiced law in Southwest Florida since 2007 and will be continuing his practice in the areas of complex business and commercial litigation, real estate, contract disputes, construction, governmental affairs, and employment/non-competition agreements. He has a B.A. from the University of West Florida and a J.D. from the University of Florida, Levin College of Law.

John Cechman of Goldstein, Buckley, Cechman, Rice & Purtz, P.A. has achieved recertification as a civil trial advocate from the National Board of Trial Advocacy. Cechman has been an NBTA member in good standing for 25 years. NBTA board certified attorneys must demonstrate substantial trial experience, submit judicial and peer references to attest to their competency, attend continuing legal education courses and provide proof of good standing.

Cechman is board certified as a Civil Trial Lawyer by The Florida Bar Board of Certification. He assists clients in personal injury, wrongful death, medical malpractice and product liability cases.

Gail Lamarche, director of marketing at Henderson, Franklin, Starnes & Holt, P.A., spoke at the recent 2017 Legal Marketing Association Annual Conference in Las Vegas. She presented “How Solo Marketers Can Make a Big Splash in a Small to Mid-Sized Pond” as part of the session “Impact Marketing for Small to Mid-Sized Law Firms.” Lamarche stressed improving communication, coaching and strategic business development programs, and helping lawyers embrace social media platforms. Lamarche is responsible for all of Henderson Franklin’s marketing efforts, including advertising, branding, business and client development, budget planning, events, public relations, seminars and sponsorships.

Marcy L. Shaw has been re-elected to serve another two-year term on the Board of Governors for The Florida Bar. She is one of two Governors elected by members to represent the 20th Judicial Circuit, which includes Lee, Collier, Charlotte, Hendry and Glades counties. She will be sworn in at The Florida Bar's Annual Convention to be held on June 23 in Boca Raton. The 52-member Board of Governors represents The Florida Bar's 100,000+ members and has exclusive authority to formulate and adopt matters of policy concerning the activities of The Florida Bar.

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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

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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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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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Justin M. Thomas, Esq.

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

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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 MAY 2017 | RES GESTAE

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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 !

HERE FOR YOU…YESTERDAY,

today and tomorrow Some things

should never change, and the commitment and dedication of your bank is one of them. As the oldest locally-owned and operated bank in Lee County, we have been here for you for decades with quality service, personal care and local decision making. That is something you can always bank on.

See us for a business loan or a fixed rate residential loan to purchase or refinance. Now is the time to invest in the future, with your local bank.

Our customers enjoy the cost savings of Free Online Banking, Free Bill Pay, Mobile Banking, and access to their funds at no charge at any Publix® Presto! ATM.

For our convenient locations Lending Team – From left back row: Geoffrey Roepstorff, CEO; John Ammons, VP, Cleveland Avenue Office Manager. From left middle row: Willy Ocasio, Assistant VP, and services provided, please visit Office Manager Sanibel – Captiva; Rob Lisenbee, VP, Lending; Kim Nyberg, VP, www.EdisonNationalBank.com Professional & Executive Banking; Liz Aurensan, VP, Lending. From left or call 239.466.1800 front row: Pam Edwards, VP, Lending; Leah Kirby, VP, River District Office Manager; Robbie Roepstorff, President.

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