Res Gestae - November 2017 by Lee County Bar Association

NOVEMBER 2017

LCBA Cares About Professionalis m

Honorable Impressions

Professional polish is essential in and out of the courtroom

Holiday travel tip for lawyers: Don't pack a confidentiality breach

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

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Contents Photo left: LCBA fashion plates Miguel Fernández, Lori Clifford, TJ McCan, Suzanne Boy, John Agnew, Michelle Krone and Bruce Green at Brodeur Carvell at

Bell Tower Shops

Photo courtesy of Jim Jett Photography

22 On The Cover: Miguel Fernández, Esq. at Brodeur Carvell at Bell Tower Shops Photo courtesy of Jim Jett Photography

features 22 Honorable Impressions

Professional polish is essential in and out of the courtroom

by Cathy Chestnut

departments 6 Letter from the President

by Kelly L. Fayer, Esq.

8 Letter from Executive Director

by David A. Seitz

Calendar of Events

Ethically Speaking

by Henry Lee Paul, Esq.

16 YLD Spotlight

18 LCBA Foundation

A continuous journey of transformation

20 Legal Lens

LCBA Bench Bar Gala

RES GESTAE | NOVEMBER 2017

24 #KindLee

36 Advertiser's Spotlight

Brad Jessen

30 The Dish

Azure Restaurant

32 LCBA Judges Care

Magistrate Carolyn Swift

34 LCBA Members Care

Mary Vlasak Snell, Esq.

AD DIRECTORY Barbara Pizzolato 39 Boyle & Leonard, P.A. 14 Brad Jessen, Edward Jones 37 Brodeur Carvell 37 Buchanan Ingersoll & Rooney PC 42 Business Observer 13 Calvo & Calvo Attorneys at Law 14 Compass Law Firm 21 CONRIC PR & Marketing | Publishing 36 Copy IT 33 CopyLady 7 DeMine Immigration Law Firm 9 Denise Kennedy 11 Donna Tisch 17 Edison National Bank BC Edwards Mediation & General Council Services, PLLC 13 ENCORE Bank IFC FineMark National Bank 11 First Florida Investigations 19 Fort Myers Court Reporting 35 Garvin Law Firm 38 Get Smart Bail Bonds 15 Henderson, Franklin, Starnes & Holt, P.A. 17 Hotel Indigo 41 Joe Viacava Law IBC Kempton P. Logan 9 Kushner Building 39 Kushner & Kushner Attorneys 41 Law Firm of Scott T. Moorey 19 Law Offices of Dennis L. Webb 21 Leonard P. Reina 27 Leslea Ellis, LLC 29 Livingston Loeffler, P.A. 21 McHale, P.A. 14 Merit Court Reporting, Inc. 29 Musca Law Office, Inc. 3 Panther Printing 41 Patterson Eskin & Ball 41 Roetzel & Andress 39 Sheldon E. Finman, P.A. 28 Spivey Law Firm, P.A. 5 The North Law Firm, P.A. 37 Total QuickBooks Solutions 15 Veranda Restaurant 27 Von Ahn & Associates 9 William DeForest Thompson Jr., LLC 27

40 In the News

News and happenings

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Letter from the President We decided to try something new with the Res Gestae this month. We asked LCBA members to select the cover models! Thank you for selecting a fine group of snappy dressers.

LEE COUNTY BAR ASSOCIATION

“Cinderella is proof that a new pair of shoes can change your life.” Many would say that this applies more to the apparel industry than to our profession. However, for lawyers, it is important to be fashionable.

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.

It is fashionable to help people. Even wearing haute couture (this is the only French I know) cannot replace the feeling of knowing that you have the education and training to truly make a difference in someone’s life. Watching a client’s stress disappear because of what you have accomplished for them makes a bigger splash than the latest Swatch…..er……I mean Fitbit. Whether your threads are classic or contemporary, it is always in style to be kind. I cannot be more proud that #KindLee has issued its first ever food drive challenge to the Twentieth Judicial Circuit. Here is an excerpt from a letter I sent to all bar presidents in the circuit (complete with a nod to The Hunger Games): As you are aware, attorneys are in the unique position to provide assistance to our communities. Consequently, the Lee County Bar Association established the #KindLee initiative. This year, we have participated in community service projects and highlighted members of the community who perform acts of kindness in their daily lives. In the month of October, the Lee County Bar Association's #KindLee initiative, along with Community Cooperative, will be introducing the #KindLee Food Drive Challenge to abolish hunger in Southwest Florida. Did you know that 1 in 7 people in the United States struggle with hunger? In Lee County, 1 in 6 residents require some form of food assistance. For this reason, I would like to officially challenge each of you to participate in a friendly competition to see which Bar Association can contribute the most. The winner will be determined by the collected pounds per member overall. The winner will receive a trophy and a $100 donation to the charity of their choice – and I will personally write a letter to The Florida Bar bragging about how great the winning Bar Association is. However, when the Lee County Bar Association wins, I will write a letter to brag about how my members are better than yours. May the odds be ever in your favor.

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

RES GESTAE | NOVEMBER 2017

ADMINISTRATION

Executive Director ~ David Seitz Administrative Coordinator ~ Lisa Poulin

EXECUTIVE COUNCIL

COMMITTEES History E. Bruce Strayhorn, Esq. & Jenna Persons, Esq. Law Related Education T. Rankin Terry, Esq. Law Week Hon. John S. Carlin Mock Trial Indera DeMine, Esq. & Maria Berrette, Esq. Pro Bono Hon. Kathy Sturgis & Mary A. Cosmo, Esq. Annual Charity Golf Tournament Lee County Legal Aid & Shannon Puopolo, Esq. Bench-Bar Gala Danielle Butler, Esq. Diversity and Inclusion Ita Neymotin, Esq. & Timothy McCan, II, Esq. LCBA Family Bar-B-Que Scot Goldberg, Esq Random Acts of Kindness Amanda Bartley, Esq. & Shirlarian Williams, Esq.

RES GESTAE MAGAZINE Beverly Grady, Esq., Editor

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

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Cynthia Duff

Letter from the Executive Director My goalpost for the onset of “cooler” weather has always been the FloridaGeorgia game played in Jacksonville (Halloween for anyone without a dog in that particular fight). With that newly hospitable climate comes the seasonal migration south of the great North American “snowbirds.” Seasons are subjective here in SW Florida. If you missed the Bench Bar Gala on October 13, you missed one of the best ones yet. Everyone showed up dressed to the nines, the silent auction raised plenty of money for the LCBA foundation, and Kelly Fayer did an amazing job of showcasing the #KindLee projects we’ve completed this year. Sidney & Berne Davis Art Center always pulls out all the stops. For November, the Lee County Bar is going to reboot the 20th Circuit Food Drive challenge that was originally scheduled for September. Please drop any non-perishable products at the Community Cooperative Kitchen at 3429 Dr. Martin Luther King Jr. Blvd. Canned items only can also be brought to the bar or participating member offices. The impact of Hurricane Irma is going to be felt by our area food pantries for the foreseeable future, as much of the food that would have gone to regular services was used in the disaster recovery. After the Legal Aid Jog for Justice 5k in Centennial park on November 12, you’ll want to stick around for the annual Bar-B-Que. It was time to bring it back into the city, and partnering with Legal Aid during its 50th anniversary year means we can have a lot of fun with it. The Rescheduled Fort Lauderdale Retreat overnight trip is going to be Nov. 18-19, and we’re working on securing a block for the rescheduled Buccaneers-Dolphins game that Sunday. As we close in on the end of the year, we ask for help from the membership to check off the rest of the yearly LCBA to-do list. You should have already received your mail-in ballots for the member-at-large election. We’ve revamped the procedure a bit to streamline the process and address issues from previous years. Secondly, it’s time to renew your membership dues. Head on over to www.leebar. org/renew to update your info and renew your membership. We’ll be recognizing everyone who renews before the new year in a big way. Stay tuned for details on the LCBA Holiday Party! We’ll head to the Edison Ford Estates on Dec. 7 for a fun celebration of 2017. Let me know if you would like to help sponsor. David A. Seitz, Executive Director DSeitz@leebar.org | 239.334.0047 8

RES GESTAE | NOVEMBER 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 L. Fayer, Esq. David Seitz Hnery Lee Paul, Esq. Sara Fitzpatrick Comito Connie Ramos-Williams Cathy Chestnut Magistrate Carolyn Swift Mary Vlasak Snell, Esq.

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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NOVEMBER 2017 | RES GESTAE

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

November 2

LCBA Family BAR-B-Q

Family Court Guardian ad Litem Training Seminar

Noon – 4 p.m., Centennial Park 2000 W. First St., Fort Myers

Noon – 4 p.m., Courtroom 5D. Lunch will be provided. CLE credits pending approval. For more information and registration, visit www.lcba.org/events.

November 14

November 3

Noon - 1 p.m., Lee County Justice Center, Hearing Room 4-O. More information TBA.

LCBA Young Lawyers Division Lunch Meeting

Noon - 1 p.m., The Barrel Room, 2214 Bay St., Fort Myers

LCBA Young Lawyers Division Beer Sales Event

6 - 10 p.m., corner of First and Hendry St., Fort Myers during Art Walk. Proceeds support the TRYAthlon event.

November 8

LCBA General Civil & Business Litigation Practice Section Meeting

LCBA Alernative Dispute Resolution Practice Section Meeting

November 15

Lee County Clerk of Courts Seminar Foreclosure Process Workshop

1:30 – 3:30 p.m., Fort Myers Regional Library, 2450 First St. For more information, visit www.lcba.org/events.

November 16

LCBA Criminal Law Practice Social

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

Noon - 1 p.m., Lee County Justice Center, Hearing room 4-H. Topic: Ethics in Mediation Seminar. Panelists: Jim Nulman and Robin Doyle. One hour general and/or ethics CLE credit approved.

November 17

November 9

9 a.m. - 2:30 p.m., Sidney & Berne Davis Art Center, 2301 First Street, Fort Myers. Presented by Jason Gunter, Esq., Damian Hanley, Alex DiSebastian, Ashley Romer and David Bitton. CLE credits pending. Cost@ $25. For more information and registration, visit www.lcba.org/events.

LCBA Young Lawyers Division Wine and Paint Social

7 p.m., Wine and Design, 13650 Fiddlesticks Blvd., Suite 102, Fort Myers

November 11 Veteran’s Day

LCBA Office CLOSED Friday, November 10

November 12

Legal Aid Society, Jog for Justice 5K

7:30 a.m., Centennial Park 2000 W. First St., Fort Myers. For more information and registration, visit www.lcba.org/events.

LCBA Solo & Small Firm Technology Conference on Ethical Considerations for Online Marketing

November 18-19

Overnight Retreat – Fort Lauderdale

Join the LCBA for an overnight trip to the fabulous W Hotel on Fort Lauderdale Beach. One-night stay includes a top-shelf dinner experience for only $200 per room. Friday night reservation can be added by

emailing David Seitz at info@leebar.org.

November 22

Voting for 2018 Member-at-Large Closes at 5 p.m.

November 22 – 24

Thanksgiving Holidays LCBA Office CLOSED

December 1

LCBA Young Lawyers Division Lunch Meeting

Noon – 1 p.m., The Barrel Room, 2214 Bay St., Fort Myers

December 2 5 - 8 p.m.

LCBA Young Lawyers Division Holiday Party

Duke residence, Buckingham. December 7 LCBA Holiday Party 6 – 10 p.m., Edison and Ford Winter Estates, 2350 McGregor Blvd., Fort Myers. More information TBD.

December 7

LCBA Christmas Holiday Party

6 - 10 p.m., Edison and Ford Winter Estates, 2350 McGregor Blvd., Fort Myers. More information TBD.

December 8

LCBA Criminal Law Practice Section Meeting

Noon – 1 p.m., The Barrel Room, 2214 Bay St., Fort Myers

December 15

Civil Rights & Liberties Seminar

9 a.m. - 3:30 p.m. at Crowne Plaza Fort Myers at Bell Tower Shops 13051 Bell Tower Dr., Fort Myers. Expert panel presented by Regional Counsel. Lunch will be provided. Cost TBD.

Visit us online at leebar.org to see the entire LCBA Annual Calendar. You can conveniently RSVP for upcoming events. Would You Like to Submit an Event? Email your event submission to resgestae@leebar.org

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RES GESTAE | NOVEMBER 2017

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Ethically Speaking

Holiday travel tip for lawyers:

Don’t pack a confidentiality breach

By Henry Lee Paul

of such devices. In February 2017 alone, The question addressed by the opinion is there were more than 5,000 such searches at the U.S. border. These searches allow “What are an attorney’s ethical obligations the agents to search everything on the with regard to the protection of device including emails, texts, social confidential information prior to crossing media and any electronically stored a U.S. border, during border searches and documents. If requested, passwords are thereafter?” required to be surrendered to enable a The answer should be unsettling for those search. These searches can be conducted Times have changed. The New York who travel across the border with items on foreign nationals as well as U.S. City Bar Association has recently issued including smartphones, portable hard citizens. The authority to search is almost an ethics opinion that should give drives, thumb drives, laptops, tablets or unlimited; it does not require probable travelling lawyers second thoughts about other electronic devices. The opinion cause or other reason for suspicion. bringing picture taking smartphones offers a very thorough examination of across the border. The well-travelled The opinion suggests that in order to the risks of travelling with these devices, lawyer should now be aware of this new avoid the risk of exposing the breach of because it is now the norm for such opinion (See, The Association of the client confidentiality by border search, devices owned by lawyers to contain Bar of the City of New York Committee a lawyer should consider travelling confidential client information. of Professional Ethics, Formal Opinion abroad without their smartphones and 2017-5, An Attorney’s Ethical Duties The opinion notes that U.S. Customs other electronic devices that contain Regarding U.S. Border Searches of Electronic and Border Protection agents have been confidential client information. Instead of Devices Containing Clients’ Confidential dramatically increasing their searches personal smartphones, communication s the holiday season arrives as respite to the long hot summer of hurricanes, many look forward to relaxing travel abroad. Photographs of the family vacation are usually taken without any thought of the client confidentiality concerns of Rule 4-1.6.

RES GESTAE | NOVEMBER 2017

Information, July 25, 2015).

In the event a lawyer ignores this advice and takes such a device on a foreign trip and is searched, the opinion notes that the rule requires the lawyer to inform the border agent that he or she is an attorney (a bar card should be presented) and that

the device contains confidential client information that should not be searched or copied.

is sure to provide a travelling lawyer with an unforgettable travel memory.

In the event that the lawyer is unsuccessful in preventing a search, the opinion concludes that all clients who have had confidential information compromised must be notified. Such a travel experience

An even more sobering fact is that the opinion did not even address what searches are made by foreign governments. Modern technology, which has brought our profession so many advantages, now poses unanticipated risks for a lawyer travelling abroad on a family vacation. 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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NOVEMBER 2017 | RES GESTAE

YLD Spotlight

Keeping on the move A little rain and wind won’t keep us down! The

Lee YLD has been on the move, regardless of this crazy Florida weather, conducting community projects, hosting socials and educating our members at our monthly lunches. Although storms in August and Hurricane Irma in September delayed our second event in our TRY-Athlon series, our PuttPutt for Pals finally went off without a hitch on October 14, at Castle Golf in Fort Myers. Our volunteers and members delighted in a round of putt-putt and lunch with local foster children and their families. There’s only one more event left in our TRY-Athlon 2017 series, so we hope you will join us as a volunteer! If you haven’t been to one of our monthly lunches this year, you may be missing out. In September, Public Defender Kathy Smith, and Assistant State Attorney Danielle Butler discussed the differences between each office, working for a government agency and the benefits of employment for young attorneys as a PD or SAO. October’s lunch hosted a few special guests, including Shannon Puopolo and Cedric Hall, representatives of the Lee County Bar Association Foundation. The Lee YLD presented a “big check,” drawn from our Health and Wellness Video Comptition winnings, in support of the Foundation. Also in attendance was Gail Lamarche, legal marketing director at Henderson Franklin who, provided tips, tools and tons of information to young lawyers about how to market themselves and their practice. On a social note, we hope you joined us

RES GESTAE | NOVEMBER 2017

for our August Social at the Social House with the LCBA and sponsors Aloia, Roland & Lubell, PLLC, and our Halloween social on Oct. 27 at the Calusa Nature Center’s haunted walk! As we wind down our year, please join us for a Wine-and-Paint social on November 9 and the LEE YLD Holiday Party on December 2. 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 monthly lunch meeting is Friday, November 3, from noon to 1 p.m. at the Barrel Room, Twisted Vine. See you there! RG

Photo above: At the YLD's October lunch, Gail Lamarche presented about marketing strategy. Photo below: The YLD presented a big check to the LCBA Foundation.

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A continuous journey of transformation Lee County Bar cares for the community

n 2017 the Lee County Bar has steadfastly supported its newly created Lee County Bar Association Foundation, Inc. a charity to support and give to the community. It is exciting to announce the initial allocations to the community have been awarded to deserving programs and organizations that fulfill the mission of the Foundation, which is to: promote provision of legal aid to the indigent support and participate in charitable endeavors benefitting youth and/or the underprivileged population encourage and promote education and community awareness of the law and provide for the establishment of scholarships. In May, the Foundation announced that it was accepting applications through September 1 for allocations from $1,000 to $3,000 based upon the achievement of the purposes of the Foundation. Twentyone applications were received that fulfill a need and community purpose. After serious consideration, the Foundation Board, on behalf of the attorneys in Lee County, has awarded $33,847 to the following community organizations: • Lee County Legal Aid Society 18

RES GESTAE | NOVEMBER 2017

• • • • •

Guardian ad Litem Harry Chapin Food Bank The Heights Center Child Care of Southwest Florida Gladiolus Learning & Development Center • New Horizons • Valerie’s House • Deaf and Hard of Hearing Center • I Will Mentorship Foundation • Our Mother’s Home • DeLaSalle Academy • SWFL Regional Human Trafficking • Coalition • Partners for Breast Cancer • Dr. Ella Piper Center for Social Services Although the needs are greater than the funds available to grant all of the applications, recognition of community need will only make us work harder to increase the funding side of the Foundation.

LEADERSHIP IN GIVING Thank you to all LCBA members who provided the $60 per-member donation included in the LCBA annual invoice. That is leadership in giving.

The Foundation held its first fund raising event, a wine tasting event at Fort Myers City Pier led by Tom Uhler, in August. We want to recognize and thank the initial sponsors of the Foundation event: • Atwood Law Firm, P.A. • GrayRobinson • Henderson Franklin • Pavese Law Firm • Roetzel • Strayhorn & Persons • Wilbur Smith Attorneys at Law We want to thank all attendees at the event that made it a resounding success. That is leadership in giving. The Foundation also held its silent auction at the Lee County Bar Association 2017 Bench Bar Gala on October 13. For 2018, the Foundation is excited to hold the always-anticipated Lee County Bar Association Charity Golf Tournament. The Foundation was incorporated on December 21, 2016. So the first half of 2017 was spent in organizing a 501 (c) (3) charity – keep that in mind as the Foundation reaches out to you and the community for financial support.

The Foundation currently has seven members on its initial Board of Directors:

President Beverly Grady, Roetzel & Andress

Director Shannon Puopolo, Henderson Franklin

Secretary Michael Randolph, GrayRobinson

Director Scott Atwood, Atwood Law Firm, P.A.

Treasurer John Webb, John Webb Legal Group

Director Credric B. Hall, Law Office of Cedric B. Hall, P.A.

Director Kristalyn Loson, Senior Attorney for the Nature Conservancy

The LCBA president appoints one member for one year and the Executive Council appoints the remaining members for three-year terms. We hope that each member of the Lee County Bar is gratified by the use of the contributions you have made to the Foundation to help and support those who live, work and play in Lee County. RG

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Legal Lens

Bench Bar Gala Friday the 13th was far from unlucky this October, when the LCBA dressed up to raise funds for the Foundation. Thanks to sponsors Henderson Franklin Starnes & Holt, PA, Cole Scott & Kissane, PA, Associates and Bruce L. Scheiner, The North Law Firm and Law Offices of Dennis Webb, Hahn Loeser, CopyLady, Von Ahn Associates, Inc., John Webb Legal Group, The Law Offices of Michael Raheb, Fort Myers Court Reporting and Pavese Law Firm. Photo credit: Jim Jett Photography

RES GESTAEâ€‚ | NOVEMBER 2017

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HONORABLE

Impressions

Professional polish is essential in and out of the courtroom. By Cathy Chestnut

RES GESTAEâ€‚ | NOVEMBER 2017

Ready for their close-up: Miguel Fernรกndez, Lori Clifford, TJ McCan, Suzanne Boy, John Agnew, Michelle Krone and Bruce Green were nominated by their peers as some of the LCBA's most fashionable attorneys and enjoyed an evening of wardrobe inspiration at Brodeur Carvell. Photos by Jim Jett Photography.

NOVEMBER 2017 | RES GESTAE

Oscar de la Renta emphasized the importance of the lasting impressions we all make through our professional style when he said, “Walk like you have three men walking behind you.” In other words, professional polish exudes a sure attitude of authority and determination. It’s not on the runway but in the legal profession where this sentiment rings true, where outward appearances impact inward assessments, from judge to jury to defendant or plaintiff. “In and out of the courtroom, more than 50 percent of first impressions are dictated by visual cues, with wardrobe being the biggest cue,” says Southwest Florida custom clothier Ron Brodeur, who has created wardrobes for more than two decades. “The other cues include posture, eye contact and voice.”

Restyling Clients Most attorneys understand the critical role their professional look plays, but it can have the greatest impact on their clients. Christine Sherlock, a color specialist for 30 years and chief image officer of Image Matters, has firsthand experience serving as a litigation consultant. She recalls specific cases in which the plaintiffs’ ensembles could ultimately make or break their case. The first was a woman suing her employer for sexual discrimination after being bypassed for a promotion. The woman’s personal style tended toward slouchy, but the prime issue was her overall demeanor. “She came 24

RES GESTAE | NOVEMBER 2017

across as lacking confidence in her body language, and she was a complainer and a whiner. As I worked with her and went back to the lawyers, I told them, ‘The biggest challenge is the client herself. When she gets on the stand, they won’t believe she deserved the promotion’ even though her case had merit.” Sherlock honed in on two areas. First were her verbal communication skills to transform the story from grumbling sour grapes to an unjust demotion. They also added what Sherlock calls “a third layering piece.” A jacket or blazer, sweater, shrug, cardigan or vest “gives an aura of credibility and professionalism,” she says. The third layer evokes the uniforms of air pilots, law enforcement and military personnel—a put-together appearance that conveys confidence and authority. When it mattered, the midlevel management client dressed in a way “that made her look like she could be a hospital executive and not just a secretary,” says Sherlock. In the other case, a psychologically traumatized man who could no longer work actually needed to dress down though he dressed proudly. His wife, who was forced to support the family, needed to dress like an utmost professional to visually emphasize their financial role reversal. In both cases, the plaintiffs won. “Basically, it all depends on what the case is and what the lawyer is trying to prove. What impression do they want the jury to have?” Sherlock says.

Photos top to bottom: Michelle Krone tries out being the center of attention, with John Agnew, Miguel Fernández, Bruce Green and TJ McCan. It’s hip to be square – Miguel sports matching patterns for tie and pocket square. Michelle Krone rocks some kicky heels. Lori Clifford plays peekaboo in a flirty Brodeur top.

Commanding Presence: From the Courtroom to the Sidewalk Brodeur, co-owner of Brodeur Carvell at Bell Tower Shops, knows that professional polish is paramount for legal eagles. His clients who are attorneys save the suits he makes for them “for big cases” because they intuitively know they look professional and feel comfortable, freeing them up to focus solely on the client and courtroom presentation. “When their suit is simple, professional, and fits properly, it exudes their expertise and they feel confident to put their best case forward, which is always the goal in court,” says Brodeur. “They admit that they feel better when their wardrobe is not a distraction.” Essential elements for the legal field include clean and well-maintained shoes, modern ties that are the proper length, a shirt that fits properly at the collar and sleeves, and a suit that fits in all the right places, says Brodeur. Navy and grey in all shades are classic for professional attire, while lightweight wools in the 120s (fineness, as measured in microns) offer the best draping and overall effect. Both Sherlock and Brodeur are adamant: Professionalism should be consistent, whether at a podium or at a sandwich shop. “I often hear attorneys and other professionals, young and old, comment that it’s too hot to wear suits and ties in our Southwest Florida climate. I find that hard to understand,” says Brodeur. “Professionals have chosen to work in their field, and therefore the accepted wardrobe is dressy, professional attire—all the time. To do otherwise is

Christine Sherlock’s Do’s and Don’ts When Image Matters Dress with intent. Think about your day and what activities you will be involved in and who you will see. Choose clothing and accessories that will project a favorable impression. Wear colors that flatter your skin tone, hair color and eye color. You will look younger, healthier and more confident. Color does make a difference. Don’t forget finishing touches. Your accessories speak volumes about you. Carry the best-quality handbag, briefcase and/or portfolio you can afford. Make sure your shoes are in good shape with no scuff marks or worn heels. Don’t neglect personal grooming. Your hair should be clean, neat and styled. Your nails should be manicured. Your clothes should be clean and wrinkle-free. Photos top to bottom: Image expert Christine Sherlock. Ron Brodeur emphasizes the principles of proper fit with our cover model, Miguel Fernández. TJ McCan goes bold in a French blue super 150s suit by Prive. John Agnew in another super 150s Prive suit in charcoal pinstripe. Bruce Green’s sports his favorite suit in navy chalk stripe. NOVEMBER 2017 | RES GESTAE

to diminish their chances of maximum success in their career.” While Sherlock recognizes “we live in an area that is casual,” it’s worth a few minutes to review professional polish. Sherlock recoils at the thought of professionals going to their office or a meeting with still-damp hair. It signals disorganization, haste and lack of attention to detail. “There are times in our area for attorneys to dress casually. However, they need to look as they are finished, groomed and polished,” she says. “You need to show that you care about yourself, and therefore care about your client and their case.” RG

Ron Brodeur's Fall Style Guide Step out in a mid-blue suit selecting a shade that flatters your features. Trim-fit suits and shirts remain the best style option for those who can carry them off; otherwise, go for a classic fit. Pocket squares enhance a suit or blazer. White is classic or choose a color that blends with the outfit. Invest in at least two good pair of lace-up shoes; one black, the other brown.

Photos top to bottom: Suzanne Boy is stunning in a Brodeur dress with complementary handbag. Ron Brodeur takes pride in enhancing clients’ confidence inch by inch. Lori Clifford shows that a great smile is the most versatile accessory. Lori Clifford, Michelle Krone and Suzanne Boy relax before the photo shoit. Michelle Krone stepping out with sophistication in a Joseph Ribkoff dress and her own jacket. John Agnew gets fitted for a custom suit.

RES GESTAE | NOVEMBER 2017

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Integrity first “Every person, business or family has a unique and individual need,” said Brad Jessen. “Uncovering the goal and laying out a personalized plan keeps me refreshed and excited to work in our community every day.” Long before he became a financial advisor with Edward Jones, Jessen embraced the core values that he continues to espouse today, those of the U.S. Air Force: integrity first, service before self and excellence in all we do. He entered the Air Force straight from high school, began as a mechanic and after three

years became a flight engineer on the C-5 Galaxy, the largest aircraft in the Air Force, which he flew for nearly 18 years. By the time he retired, he had set foot on nearly every continent and circled the globe over 20 times. “I loved being in the service,” he said. “I truly felt I was contributing to and protecting the freedoms we enjoy every day. It was in the service I matured and learned to think of others before myself.” Financial advising presented itself as a natural extension of that dedication to serve, allowing him to ply some interventions that are nothing short of heroic, although he’d object to the word.

able to use their investments to pay for their new home in full within 24 hours and, 45 days later, take the proceeds from the original home and return it to the couple’s portfolio as if nothing had happened. “To see the fear and anxiety melt away from their faces and secure their dream home is something I will never forget.” Jessen is a familiar face at LCBA luncheons, and he’s also involved with Captains for Clean Water and serves on the board for GiGi’s Playhouse Down Syndrome Achievement Centers. Learn more at www.edwardjones.com/ brad-jessen.

A couple’s home financing had fallen through when they couldn’t close on the sale of their existing home for another 45 days, and by the time they approached Jessen, they were distraught. He was

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NOVEMBER 2017 | RES GESTAE

The Dish

AZURE RESTAURANT A journey on a plate

By Sara Fitzpatrick Comito

ee Riley and Eddy Garces’ journey from England to Fort Myers did not run in a straight line. Likewise, the cuisine at their restaurant, Azure, bumps up against scattered cultures in a most intriguing way. Immigration attorney Indera DeMine was my choice of dining companion, as I’d heard of her enthusiasm for this gem hiding in plain sight – next door to the Dunkin Donuts on McGregor Blvd., just north of Gladiolus. Fortuitously, she had also seen the pair through much of their arduous journey toward business ownership in America. As Garces maintains dual citizenship in England and Colombia, and since the interview process to obtain an investor visa was taking too long across the pond, he decided to travel to Bogota, business plan and purchase contract in hand. Only trouble was, the agreement with

RES GESTAE | NOVEMBER 2017

Indera DeMine

rescheduling of international travel and much persuading of foreign consulate officials, these guys have earned their place in Southwest Florida much more than I deserved the foie gras they served me (so decadent!). After my first visit to their intimate restaurant, I’m certain I’m not the only

Lee Riley and Eddy Garces

Azure’s previous owners had just fallen through. Following some dicey timing on the sale of their London apartment, three business plans, a little last-minute

one who feels relieved that they have firmly established themselves as fixtures in Southwest Florida’s dining scene. Their hospitable hosting style and warm smiles belie any struggles they endured to overcome their obstacles. And happily for them, Azure’s original chef, Joe Pittman, gamely stayed on to ply his signature French techniques with a southern flair.

Chef Joe Pittman

A journey of a thousand miles starts with a consulate office visit said no one ever but we would do well to end it with a fine Malbec port and a selection of cheeses. Happily for us, it starts as close as McGregor. RG

Indera is eating for two – I don’t have an excuse, but the foie gras was her idea. I didn’t argue because baby gets what baby wants. Take the concept of umami, that earthy, uber-flavor that enhances all others. Now put that on a plate. That’s what becomes of fattened duck liver when properly seared. Azure serves it with a smear of tangy grape mostarda, whose bright flavor cuts through the richness, alongside microgreen salad and crostini. Duck curry was a favorite food from Indera’s childhood in Guyana. She describes her rural upbringing as simple

Beignets dusted with powered sugar, served with vanilla ice cream

and loving. Her father was a rice farmerturned-taxi driver who became the private driver and friend of an American diplomat. That U.S. official would give the family cans of Progresso soup and packaged cereals, which they regarded as strange products. They didn’t have much, but were used to their meals being prepared fresh. The family eventually made its way to New Jersey. Indera doesn’t cook, but she

for classic French technique and the owners’ joy of sharing those wonders with their new Southwest Florida friends.

Seared Foie Gras

New Zealand venison tenderloin relishes food made with care, such as the mushroom and duck confit risotto at Azure. A glass of French rosé was the perfect complement to the foie gras and the mussels in a red curry sauce with coconut milk, lemongrass and micro greens of cilantro. A nearby table joyfully received plates of New Zealand venison tenderloin with butternut squash puree, sautéed brussels sprouts, apples, bacon and veal demiglace; snapper en papillote and something whose steam came bearing the unmistakably heady scent of truffle. While the cuisines represent a cross-section of disparate traditions – Moroccan merquez sausage finds equal footing on the menu with shrimp and grits – the glue is Pittman’s entrenched passion

AZURE RESTAURANT 15301 McGregor Blvd Unit 1 Fort Myers, Florida (239) 288-4296 azurefortmyers.com Monday – Thursday, 5 – 9 p.m. Friday & Saturday, 5 – 10 p.m.

Sara Fitzpatrick Comito is the Communications Editor for CONRIC PR & Marketing and associate editor of Res Gestae magazine. For suggestions and comments on this regular feature, contact Sara at Sara@ConricPR.com. NOVEMBER 2017 | RES GESTAE

Legal Lens

RES GESTAEâ€‚ | NOVEMBER 2017

Absolute Law Aloia, Roland, Lubell & Morgan, PLLC 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., Bonita Springs Office DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A. Florida Rural Legal Services Ford & Harrison LLP, Fort Myers Office Fort Myers City Attorney’s Office Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg Noone, LLC

Goldstein, Buckley, Cechman, Rice & Purtz, P.A. GrayRobinson, 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 Law Offices of Michael M. Raheb, P.A. Law Offices of Dennis L. Webb, P.A. 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. 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 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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Post a kind act with the #KindLee hashtag to see your picture here.

The LCBA gave out meals to 80 families in Immokalee after Hurricane Irma. Gratitude goes to Beth Wolt Russo for organizing this #KindLee action. Thank you Beth, Sal Russo and Good Deals Appliances of Naples for 100 chickens. The Collier County Bar Association family law section donated the muchneeded ice and Holly Rice donated sides. Special thanks to Bellacino’s Pizza & Grinders for donating 80 pizzas. Kelly Fayer’s parents donated the funds – which Bellacino’s refused to accept! – to make sure we had enough food for everyone. Huge thanks to Lee County Bar Association attorneys Stephanie Bendeck and Eunice Gedeon, and our friends Covey Davis, Evi and Tom. Lastly, thank you Elda Hernandez and the Immokalee Foundation for making us feel so welcome. #KindLee

RES GESTAE | NOVEMBER 2017

After hurricane Irma, Franklin Park Elementary School accepted children’s clothing, diapers and household items for families in need after the storm. For her birthday party, my daughter, 4 year old Brielle Martinez, had birthday guests bring donations for this cause in lieu of gifts (she knows all about the #KindLee project). A picture of just some of the donations are below. The picture is of me (on the left) along with Bethany Quisenberry, principal of Franklin Park Elementary School, Brooke Martinez.

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LCBA JUDGES CARE Magistrate Carolyn Swift

Calusa Nature Center and Planetarium, volunteer Even before moving to Southwest Florida in 1983, I have memories of summer trips to the Calusa Nature Center where I enjoyed private tours and hikes with the then-director and current president, Dr. William Hammond, my uncle and one of my role models. Those early memories and appreciation for the importance of our natural systems led me to participate in the “Monday Group” at the Iona House and later steered me to a career in the law. Today, in a world where we are constantly plugged in and our children risk nature-deficit disorder, our family continues to treasure our local environmental gem, the Calusa Nature Center and Planetarium. My husband, Rick, serves on the board and our family gives our time as volunteers. We are fortunate to have this outstanding environmental education association in our community – the central park of Fort Myers: 105 acres, which includes nature trails, a planetarium, a butterfly and bird shop and meeting and picnic areas, and which provides a regular collection of programs for young and old alike. To find out more information about how you can help or plan a visit, visit our website at calusanature.org.

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NOVEMBER 2017 | RES GESTAE

LCBA MEMBERS CARE Mary Vlasak Snell, Esq. The United Way, volunteer

I have been a United Way volunteer for 30 years. I am proud of what our UW does to build a stronger community through successful children, financially stable families, supported veterans and independent seniors. Our UW continually evolves to meet the growing needs in our community. Annually over 425 community leaders visit and review each UW agency to ensure program and fiscal accountability. Our UW strives to minimize overhead costs – 91 percent of every dollar raised goes directly to life-changing programs. Your gift to UW stays in our community helping local people. UW has received Charity Navigator’s highest rating five years in a row. The UW network was in place for our residents before, during and after Hurricane Irma. UW 2-1-1 took over 40,000 calls from families desperate for help and information. The UW Volunteer Center recruited and mobilized hundreds of volunteers. UW distributed over $500,000 in funding from the SWFL Hurricane Relief Fund (in partnership with the Community Foundation) to UW direct assistance agencies. This year we embark on our first $10 million campaign to support our UW network of 93 partner agencies, providing over 250 Programs. This UW Campaign will be the most important campaign ever. Please help! www.unitedwaylee.org

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RES GESTAE | NOVEMBER 2017

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In The News Anne Dalton has been elected as a Fellow of the American College of Civil Trial Mediators. Fellows are selected for membership by invitation through a comprehensive application process based on experience, skill, reputation, ethical standards and commitment to alternative dispute resolution. The College accepts members who have clearly demonstrated years of working in the field at the highest level of achievement. The College has a select membership of approximately 150 mediators nationwide. In addition to maintaining a full-time mediation practice, fellows conduct educational programs, lecture and author publications. Scot D. Goldberg was awarded the 2017 Excellence in Advocacy Award for Children with Special Needs award by the Florida Statewide Guardian ad Litem Office in Tallahassee. Goldberg has volunteered as a guardian and attorney ad litem since 2008 and was honored for his work representing vulnerable minors who need a voice in the 20th Judicial Circuit’s court system, ensuring their rights are protected and their best interests are represented. Goldberg began his legal career in the state attorney’s office in 1995, and is now the managing partner of Goldberg Noone, LLC, a personal injury law firm in Fort Myers. The finance department of the Lee County Clerk of Court has received its 32nd consecutive Certificate of Achievement for Excellence in Financial Reporting award for the comprehensive annual financial report (CAFR), comprising the audited financial statements for Lee County that include the Board of County Commissioners, Clerk of Courts, Property Appraiser, Sheriff, Supervisor of Elections, and Tax Collector offices. This is the highest form of recognition in the area of governmental accounting and financial reporting. The CAFR is judged by an impartial panel of the Government Finance Officers Association (GFOA).

Thomas Treece has been named resident at law at Laird A. Lile, PLLC. Treece earned his bachelor’s degree from the University of North Florida and his J.D. from the Florida State University College of Law in May 2015. Most recently, Treece graduated from the University of Miami School of Law with a master’s degree in taxation. A member of The Florida Bar and its Young Lawyers division, Treece serves as Education Committee Co-Leader for the Expanded Media Initiative of the Tax Section. The resident at law program seeks to successfully transition law school graduates from the classroom to the practice of law, much as physicians do upon completing medical school. Goldberg Noone, LLC has hired Veronica M. Hawkins, AIS, AINS, as its new personal injury insurance claims analyst. A graduate of Illinois State University, Hawkins has an extensive insurance industry background, having worked as a claims adjuster for Farmer’s Insurance Group and several local insurance agencies. She is currently preparing to attain her Associate in Claims (AIC) professional designation from The Institutes Hawkins speaks fluent Italian, having lived in Italy as the daughter of a Navy veteran. She is originally from Chicago, and is married with two children. Jeff Wright has joined the Bonita Springs office of Henderson, Franklin, Starnes & Holt, P.A., focusing on land use matters in both Collier and Lee Counties. Wright is Florida Bar Board Certified in City, County & Local Government Law. His expertise includes Florida’s Sunshine Law and Public Records Law, and all matters involving city, county and local governments. Wright represents private property owners, associations and investors in land use and permitting matters. Wright served as committee counsel to the Collier County Rural Lands Stewardship Area Review Committee and as an assistant (Collier) county attorney.

RES GESTAE | NOVEMBER 2017

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

G IN

Cape Coral, FL 33904

For More information please Contact

RACK CARDS

prime Downtown Cape Coral Location

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

2121 West First Street • Fort Myers, Florida 33901

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Fort Myers 936.5050

Cape Coral 542.1050

Naples 643.9999

www.PantherPrinting.net NOVEMBER 2017 | RES GESTAE

Partnering with Florida Businesses in the Courtroom With a depth of more than 150 litigators across 17 offices, we partner with you to develop a case strategy with your business interests in mind. From settlement negotiations and mediations to routine business disputes and complex litigation, we’ve got you covered.

A national business law firm offering legal and legislative know-how from the boardroom to the courtroom.

Meet our Fort Myers Litigation Team

Joe Coleman

Mark Anderson

Florida Supreme Court Certified Mediator AV® Preeminent Rated, Martindale-Hubbell’s Peer Review Ratings

Bill Dillon

AV® Preeminent Rated, MartindaleHubbell’s Peer Review Ratings Judicial Clerk to the Hon. John E. Steele, U.S. District Court for the Middle District of Florida (2001 – 2003)

David Potter

Florida Super Lawyers Rising Star Gulfshore Business magazine’s Forty-Under-40 (2015)

Jarred Duke

AV® Preeminent Rated, MartindaleHubbell’s Peer Review Ratings Judicial Clerk to the Hon. John E. Steele, U.S. District Court for the Middle District of Florida (2003 – 2004)

Former legal intern with the United States Attorney’s Office for the Southern District of New York

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

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

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

2036 McGregor Boulevard • Fort Myers, FL 33901

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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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FT. MYERS, FL PERMIT NO. 147

Teri Hansen, President & Creative Director, Priority Marketing

“I’ve been a customer for 20 years, and they still inspire me.” I was the smallest kind of small business – a sole proprietor working out of my home – when I opened my business account at Edison National Bank 20 years ago. This bank treated me so well, it was a source of inspiration for how I treat my own customers. Now Priority Marketing is a fullservice marketing firm with a team of 35, and the bank still inspires me and meets all my needs! That says a lot about their service, and their ability to serve all kinds of businesses. They make banking about you!

To learn more about our customer services and convenient locations, please visit EdisonNationalBank.com or call 239.466.1800.

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