Res Gestae - October 2017

OCTOBER 2017

LCBA Cares About Community

#SWFLStrong Post Irma

When the lights go out, people power on

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

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Contents Photo left: Flooding after Hurricane Irma at First Street and Park near the Heitman House.

Photo courtesy of Stephanie Davis

18

20 On The Cover: Fallen Mysore fig tree at the Edison Ford Winter Estates Photo courtesy of Stephanie Davis

28

features 20 SW Florida STRONG

When the lights go out, people power on

by Sara Fitzpatrick Comito and Connie Ramos-Williams

departments 6 Letter from the President

by Kelly L. Fayer, Esq.

28 The Dish

3 Pepper Burrito Company

8 Letter from Executive Director 30 LCBA Judges Care

by David A. Seitz

10

Calendar of Events

32 LCBA Members Care

12

Ethically Speaking

by Henry Lee Paul, Esq.

14 Tort Litigation Section

by PJ Scheiner, Esq. & Dan R. Stengle, Esq.

18 Legal Lens

LCBA Foundation Wine Tasting

24 #KindLee

26 Advertiser's Spotlight

4

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RES GESTAE  | OCTOBER 2017

Hon. Robert Branning

Kristie A. Scott, Esq.

36 In the News

News and happenings

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

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Letter from the President September 2017 was going to be a festive month for me because it was my 20th-year anniversary of becoming an attorney. My original plans were to celebrate big. I was thinking parties, balloons, and definitely cookies.

The cookies were going to be very important. (Am I boring?)

My party planning was going to take place in the first week of the month, but that is when Hurricane Irma changed my plans and many things in this community. Beginning the day after the storm, I was appreciative that the storm was not as devastating as we had originally thought, but I felt determined to help others who still suffered

devastating effects.

In the first week after the storm, my thoughts of party planning turned to something more meaningful to me, such as establishing a helpline for attorneys to give free advice to those with storm-related questions, making peanut butter and jelly sandwiches with my parents for the domestic violence victims and their children in the ACT shelter, and replacing our LCBA overnight trip with a service day so any of our members who felt the same way could contribute.

My party ended up being a quiet celebration. On September 23, I traveled to Immokalee and helped provide meals to 80 families. Although it wasn’t the celebration I originally had looked forward to, this act of reaching out to those in need afforded me the quiet reflection to help me appreciate the meaning of last 20 years.

In difficult times, we enjoy the opportunity to see the best in people. The Lee County Bar Association was no exception.

I was very proud of our members, who readily volunteered to give free legal advice for our helpline and participated in too many service projects for me to count.

Just in case you do think my 20-year party ideas were boring, I want to show you my most fun picture from the service project in Immokalee.

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

RES GESTAE | OCTOBER 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 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.

The CopyLady Promise Not even Hurricane Irma’s impact could hinder our commitment to serve our friends and members of the Lee County Bar Association. The morning after the eye of the storm past over, claiming most of our roof, we had crews out in the field to get our clients’ copiers, printers and networks restored. CopyLady, Inc. and its subsidiary company, ITL-Tech, thank you for your continued trust and business.

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President, Cynthia Duff, President

Cynthia Duff

Letter from the Executive Director September was one of the first times where I actually had my RG letter finished nice and early, so I would not have to scramble to complete it when the luncheon we had planned for Sept. 15 was going on. Naturally, nearly everything from that first iteration ended up on the cutting room floor. Hurricane Irma threw a 400-mile-wide wrench into everyone’s plans for last month, but what she also did was showcase just how resilient our Southwest Florida community is. If there was one common thread throughout the coverage of the aftermath, it was that as soon as the winds died down everyone was rolling up their sleeves and doing what they could to help.

I personally prefer to wield a chainsaw (Trees fear me.), but from the LCBA offices we were also able to connect people in need with a wide variety of resources. Bags of ice, sandwiches, plywood, even just communicating the plans for the courts’ re-opening – you name it. We hunted information and supplies down. Thank you to all of the attorneys who have volunteered to help people impacted by Irma with our LCBA Hurricane Helpline. If you volunteer with the Florida Bar’s Florida.FloridaLegalAnswers.org hotline, you can help people across the state. There are still plenty of opportunities to help, just reach out to me at info@leebar.org. We’ve tried to highlight some of the impact and the actions in response in our feature this month. Please feel free to continue to submit pictures and stories to resgestae@leebar.org.

As we look forward, there are still a ton of great events coming up. Our Bench Bar Gala returns to the Sidney and Berne Davis Art Center Friday, Oct. 13 (spooky!). We have a discount rental program through Men’s Warehouse for tuxedos, and Ron Brodeur is happy to outfit you with your very own Sinatra Suit.

Thanks to Ita Neymotin and the Regional Counsel office, we have an incredible International Law Seminar coming together for Oct. 25, and we are in the process of rescheduling the Fort Lauderdale Overnight Trip to the W Hotel for November. The Bench Bar-B-Q returns Nov. 12, and this year we will be taking over Centennial Park for the event. We’ve also secured a venue for our December Holiday party, and it is going to be a blast! We are always in need of volunteers and event sponsors. Please reach out to me if you are interested.

Member at Large ballots for the 2018 LCBA Executive Council will be mailed out soon, thank you to everyone who threw their name in the hat. The MAL positions on the board are the ones that most directly represent the membership in our ongoing programs and event planning.

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

RES GESTAE | OCTOBER 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 Hnery Lee Paul, Esq. PJ Scheiner, Esq. Dan R. Stengle, Esq. Sara Fitzpatrick Comito Connie Ramos-Williams Cathy Chestnut Hon. Robert Branning Kristie Scott, 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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Calendar of Events Some dates for 2017 Section Meetings have not been confirmed - Check our website for details!

October 11

“Technology for Malpractice Avoidance” CLE 8:30 – 10:30 a.m., Embassy Suites, 10450 Corkscrew Commons Dr., Estero. Hosted

by Association of Legal Administrators Southwest Florida Chapter. Speaker: Cindy Melfa of Affinity Consulting. The Florida Bar CLE credits pending. Cost: ALA members $25, non-members $35. For more information and registration, visit www.lcba.org/events.

October 13

LCBA Criminal Law Practice Section Meeting

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

2017 Bench Bar Gala

Attorneys, be a voice for children - and get paid for your voice On Thursday, November 2 from noon to 4 p.m., the Lee County Bar Association is sponsoring a guardian ad litem training seminar to be held in Courtroom 5D as part of the Family Law Practice November brown bag lunch.

Circuit Court Judge Jack Helinger of the 6th Circuit, Licensed Mental Health Counselor Lela Bloodworth, and Attorney Garth Goodman are will speak and answer questions. This trio has been traveling throughout Florida providing information and sharing stories about their successful Guardian Ad Litem program.

For more information, call Robin at (239) 533-8407.

6 – 10 p.m., Sidney & Berne Davis Art Center, 2301 First Street, Fort Myers

Earn $$$ helping our community’s children.

October 20

CLE pending

Inaugural Ethics Seminar

8:30 – Noon, Northern Trust, 7960 Summerlin Lakes Dr., Fort Myers. Hosted

by Legal Aid Society. For more information and registration, visit www.lcba.org/ events.

October 25

LCBA International Law Luncheon

11:30 a.m. – 1 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. More information TBD.

October 26

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

November 2

Family Court Guardian ad Litem Training Seminar

Noon – 4 p.m., Lee County Justice Center, Courtroom 5D. Lunch will be provided.

CLE credits pending approval. For more information and registration, visit www. lcba.org/events

November 3

LCBA Young Lawyers Division Lunch Meeting Noon – 1 p.m., The Barrel Room, 2214 Bay St., Fort Myers

November 10 Veteran’s Day

LCBA Office CLOSED

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.

November 16

Voting for 2018 Member-atLarge closes LCBA Criminal Law Practice Social

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

November 17

LCBA Solo & Small Firm Practice Section Meeting

Legal Technology Summit with speakers and CLE credit related to the smart use of technology in the legal field. More Information TBA.

November 22 – 24 Thanksgiving

LCBA Office CLOSED

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 22 – 25 Christmas Holiday LCBA Office CLOSED

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 | OCTOBER 2017

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Ethically Speaking

PAYMENT FOR REFERRAL$

Division of fees and for-profit services

By Henry Lee Paul

The Florida Bar has finally begun the process to clarify rules relating to “different types of fee arrangements between for-profit lawyer referral services… and participating lawyers.” At issue are arrangements with such companies as Avvo, LegalZoom and Rocket Lawyer that charge a “marketing” fee in exchange for client referral.

These arrangements are some of the most controversial and litigated issues in lawyer regulation throughout the country. State bars are taking conflicting positions on this issue.

For example, New Jersey has recently taken the position that such arrangements are prohibited. In June of 2017, the New Jersey Bar issued a joint opinion of three committees addressing this issue (ACPE Opinion 732, CAA Opinion 44, UPL Opinion 54). The opinion stated that the legal service program operated by Avvo through its website is an impermissible lawyer referral service, in violation of Rules of Professional Conduct 7.2(c) and 7.3(d), and comprises improper fee sharing with a non-lawyer in violation of Rule 5.4(a) (Professional Independence of a Lawyer which corresponds to Florida Rule 4-5.4).

Avvo has taken the position that it is not a referral service.

The New Jersey opinion further stated that LegalZoom and Rocket Lawyer offered

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RES GESTAE | OCTOBER 2017

legal service plans that were not registered and therefore lawyer participation was not allowed. New Jersey cited opinions in Pennsylvania, Ohio and South Carolina in support of the findings.

Recently, New York joined in prohibiting the arrangements discussed in the New Jersey opinion.

In contrast with the position taken by New Jersey, the North Carolina Bar proposed amendments to Rule 5.4 on July 26, 2017.

If adopted, the proposal would allow fee sharing with Avvo. The proposed amendment states: “…a lawyer or law firm may pay a portion of a legal fee to a credit card processor, group advertising provider or online platform for identifying and hiring a lawyer if the amount paid is a reasonable charge for payment processing or for administrative or marketing services, and there is no interference with the lawyer’s independence of professional judgment or with the client-lawyer relationship” North Carolina has also proposed amendments to the trust accounting rules to allow a “trustworthy intermediary” such as Avvo to collect funds for future legal services. Such funds must be promptly transferred to the lawyer to be held in trust.

The Florida Bar Board of Governors will discuss the arrangements between lawyers

and for-profit referral services at their meeting on December 7, 2017. As of the writing of this article, proposed Ethics Opinion 17-2, which will address this issue, has not been drafted. There is certain to be lively debate on this controversial issue.

Whatever position is taken by The Florida Bar, it is likely litigation will result and that the ultimate resolution of the issue will be decided by the Florida Supreme Court. The Court has already given an indication of its position when it rejected The Florida Bar’s proposed amendments to Rule 4-7.22 (Lawyer Referral Services) in an order dated May 3, 2017 in SC16-1470.

Avvo participated in the case. The Court directed The Florida Bar to submit a new proposal “to preclude Florida lawyers from accepting referrals from any lawyer referral service that is not owned or operated by a member of The Florida Bar.” RG

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Tort Litigation Section

Our daily standard

Professionalism while under fire

By PJ Scheiner and Dan R. Stengle

Few practice

areas are more fraught with opportunities for adversarial engagement between counsel than tort litigation.

The losses claimed by the plaintiff are often intimate, personal and visceral. The contentions of wrongdoing leveled against the defendant(s) are similarly cutting. The financial consequences can be devastating, and both sides view their attorney as their voice, their defender and their personal white knight of justice.

When upholding a daily standard of professionalism becomes increasingly difficult in the face of such pressures, the attorney’s duty to do so becomes proportionally paramount.

Not unlike the emotionally charged proceedings in family law courts, the often-visceral contest between the parties involved in tort litigation is thrust upon the attorneys of the respective parties to litigate, mediate and moderate. Under these circumstances, “fighting for the client” can all too easily lead to “fighting with opposing counsel.”

Additionally, the narrowing of practices to

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RES GESTAE | OCTOBER 2017

“plaintiff’s” or “defense” work (common to tort litigation) often creates an ideological entrenchment beyond the give-andtake of other legal contests. The lawyer representing the challenger in a will contest may the next day be defending an estate against just such a challenge, whereas the plaintiff’s personal injury lawyer’s next case will involve an injured plaintiff, and the defense lawyer’s next case will involve an allegedly culpable person or entity. In criminal prosecutions, the independence and power of the prosecutor often fosters cooperation with defense attorneys in resolving cases that are not otherwise determined by constitutional policy principles and courtroom advocacy.

Further heightening the stakes of tort litigation is the commonly applied contingency fee arrangement, which provides the plaintiff’s attorney with a financial interest in the outcome of the litigation. Although the personal injury contingency fee facilitates much-needed access to the courts for litigants who cannot afford to pay, the potential impacts on counsel cannot be wholly ignored.

Given stresses like those described above, it is all too easy to lose our common adherence to decency, collegiality and the unified standards of The Florida Bar. The Florida Supreme Court, The Florida Bar and many of our judicial circuits and voluntary bar associations have become increasingly vexed by the continuing erosion of professionalism among the panoply of practice disciplines.

The standard personal injury case lays bare the most sensitive and private facets of an individual’s life, from the medical history of an individual plaintiff to the personal crises

that may have long plagued a tortfeasor.

These intensely delicate exposures are volatile enough without the battling advocates flouting the touchstones of professionalism.

The Creed of Professionalism of The Florida Bar speaks of the reverence and esteem each of us must have for the legal profession. The Creed speaks not of lofty principles, but of basic tenets of civility, candor, honesty and decency that must attend our daily lives and practices. In a practice arena so fraught with human frailty and volatility, it is our obligation to act as upstanding citizens, lawyers and human beings: daily, hourly and in every interaction that we have in each case in which we are involved. RG

Preston (PJ) Scheiner practices with his father at Associates & Bruce L. Scheiner, Attorneys for the Injured. He received his undergraduate degree from Amherst College and graduated cum laude from the law school at the University of Miami.

Dan R. Stengle practices law with Bruce and PJ Scheiner. He received his undergraduate degree from the University of South Dakota and his law degree with High Honors from the Florida State University.

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RES GESTAE  | OCTOBER 2017

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SW Florida STRONG.

When the lights go out, people power on

By Connie Ramos-Williams and Sara Comito Fitzpatrick

We don’t even know how strong we are until we are forced to bring that hidden strength forward. In times of tragedy, of war, of necessity, people do amazing things. The human capacity for survival and renewal is awesome. - Isabel Allende Photo courtesy of Connie Ramos-Williams

Photo courtesy of David Seitz

Photo courtesy of Connie Ramos-Williams

Photo courtesy of Savage 4x4

Photo courtesy of David Se

itz

Photo courtesy of Connie Ramos-Williams

Photos above left clockwise: 2x4 splitting tree, uprooted tree at Summerlin and Winkler Rd., abandoned goats in Bonita Springs (they have been rescued since the storm and are safe and doing well!), flooding in residential area, uprooted fig tree at Edison Home.

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ZONE OF UNCERTAINTY It started with Hurricane Harvey’s unrelenting blow, claiming lives and rendering many homeless. As Americans all over the country turned their attention to rescue and relief efforts to help Houston, meteorologists began tracking tropical storm Irma in the Atlantic Ocean.

one, LLC Photo courtesy of Goldberg No

Photo above: Legal Assistant Nikki Walton of Goldberg Noone, LLC, wielding a drill to help install shutters at attorney Sheba Abraham’s brand new home – brand new baby in tow.

Florida snapped to attention.

Anxiety mounted for more than a week as Irma – still a long way from the peninsula – gained historic strength and size. Its winds clocked in at more than 185 miles per hour. It measured more than 400 miles wide. News of a likely landfall as a cat-5 somewhere between Miami and Fort Myers triggered a mad rush to gas up cars, shutter houses and

buy batteries, flashlights and food. Many took to the friendly skies to remove themselves from the unknown.

It got real. Fast.

Irma was fickle. She indicated movement to the east, putting the projected eye of the storm out over the water rather than land. This scenario was only briefly soothing, as reports soon had her shift west again, then east. Then west again.

An anticipated 15-foot storm surge prompted Governor Scott to call for an unprecedented number of mandatory evacuations across the state. That action, combined with the sight of water being sucked out of rivers and bays, Photos above: Destruction in Key West after Hurricane Irma. triggered panic. displaced sent texts to check on There was nowhere to escape. neighbors back home.

Roads were congested on both sides of the state and airports had no available flights. Many were forced to ride out the LIFTING ALL SHIPS storm at home.

Every story of flooding, hunger, The entire state felt the impact of this fatalities, heat stroke, abandoned bad girl. Irma made impact In Florida animals, and missing persons seemed to twice, first in the Keys as a Cat4, and ignite a helping spirit in our community. then again in Marco Island, before Social media feeds were flooded suddenly shifting to the north and east up and over central Florida before finally with heroic actions and the hashtag #FloridaStrong or #KindLee. exiting the state on its way to Georgia.

Members of the Lee County Bar What’s the point of this blow-byAssociation were spotted #KindLee blow accounting? When a community helping one another and the community endures a trauma – and it is important as a whole. Attorneys Jeff and Leland we call it that – a sense of unreality Garvin collected money and perishable sets in. As the power outages kept us in the dark and the heat and humidity persisted, many lost track of time.

We craved routine. Internet. Clean laundry.

There were stories of price gauging and scammers latching onto people’s fears. But even more prevalent were the acts of kindness. Neighbors helped neighbors hang storm shutters, provide Photo courtesy of Marcy Shaw weather and traffic updates, or offered their homes as shelter. Those riding Photo above: Marcy Shaw lent her AAA card to a out the storm provided updates to couple whose vehicle had been broken down near her neighbors who had fled, while those home after the storm.

Photos courtesy of Garvin Law

September besieged our coasts and consciousness with catastrophic storms that brought out the best in some and the worst in others. Harvey, Irma and Maria were the names of some of the bad actors, while Lee County citizens, as they always do, displayed their true colors, characterized mostly by a generosity of spirit.

OCTOBER 2017 | RES GESTAE

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items and flew to the Keys to provide humanitarian support. Legal Assistant Nikki Walton of Goldberg Noone, LLC, wielding a drill to help install shutters at attorney Sheba Abraham’s brand new home – brand new baby in tow. Marcy Shaw lent her AAA card to a couple whose vehicle had been broken down near her home after the storm. Winged Foot Title, owned by LCBA member Chris Black, housed the teams from the Alliance for the Arts, the Sidney & Berne Davis Art Center and at least one member of the Res Gestae publishing team. Elizabeth Wolt coordinated a food delivery to residents and responders in Immokalee.

Photo courtesy of Savage 4x4

Photo above: Jim and Linda Thompson, owners of Savage 4x4, were contacted by the National Guard to assist them in getting into neighborhoods that were completely flooded and inaccessible to rescue crews.

They were able to deliver supplies and rescue people and their pets. They were stopped at one point by a passing vehicle that could not make it through the flood waters and was asked for help getting a woman in labor to the hospital to deliverher baby. The Seminole Indian tribe also reached out for help in Immokalee.

They delivered food and water until the National Guard ran out of supplies.

The LCBA cancelled its overnight trip to Fort Lauderdale to encourage members to sign on for any one of a litany of direct service projects for which the resgestae@leebar.org email address became a clearinghouse. You answered the call.

Many hands made light work of debris cleanup and tree removal at the Alliance for the Arts. David Seitz and Blake Hampton helped LARC get its grounds cleared. The LCBA partnered with Community Cooperative for a 22

RES GESTAE | OCTOBER 2017

County citizens, on balance, related to each other with kindness, compassion and generosity. The LCBA is grateful to serve as witness to that tendency, and as a source of calm in any storm.

Many citizens are still being tested.

For them, we trust, the Lee County community will be there. We know its bar association will be. RG Photo courtesy of Ita Neymotin

Photo above: Legal Aid Society camping out in the LCBA's office.

food drive. The Lawyer Referral Service phone extension did double duty as a hotline for those in need of stormrelated legal advice. Our attorneys responded to a call for help from Rotary District 6960 for debris-clearing projects. Harry Chapin Food Bank, ECHO and the United Way are among the beneficiaries of our members’ care and concern. The LCBA office housed the Lee County Legal Aid Society, which suffered damage.

Any anthropomorphizing that was accomplished by giving Irma a human name didn’t equate to any semblance of rationality. We’ll remember that lesson for decades to come. Humans aren’t always rational, either. But Lee

Photo above: Regional Counsel Ita Neymotin snapped this photo of people approaching cars with Florida license plates at a Tennessee rest stop to offer evacuation supplies. “This was especially heartwarming for me and my family because we drove through the night during the mandatory evacuation,” she said.

“Sometimes a small gesture from people we did not know becomes a giant act of human kindness that we will never forget.”

People in need of free legal help related to Hurricane Irma can email LRS@ leebar.org, or call the LCBA Helpline at (239) 334-4491.

Photos above courtesy of Jeff Hornsby

Photos above: Fort Myers native, Jeff Hornsby, with a group of friends and volunteers along with the National Guard delivered 2,800 lbs of water and 1,400 lbs of meals-ready-to-eat to Everglades City. They also delivered supplies to Copeland filling the small church and helped many local neighbors by cutting fallen trees, tarping roofs and delivering propane and water to those in need.

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Post a kind act with the #KindLee hashtag to see your picture here.

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RES GESTAE  | OCTOBER 2017

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Advertiser Spotlight

Have briefcase, will travel Fort Myers native Joseph R. North intimately understands challenges in the community, and always envisioned practicing law in his hometown to make a positive difference.

The 1983 Cypress Lake High School graduate headed off to The Citadel, a military college in Charleston, S.C., at his parents’ urging. “I had to balance college life and classwork within a military routine on a daily basis,” he says. “Those lessons of discipline and time management are very important elements of how I practice law.”

North graduated with honors in 1990 from the Florida State University College of Law, returning to launch his law career at Henderson, Franklin, Starnes & Holt,

P.A. He ventured out on his own in 1996, establishing The North Law Firm, P.A., in Fort Myers, followed by a branch office in Plantation.

Today, he handles cases in several states. “My motto is: have briefcase, will travel. I handle cases wherever the work takes me.”

One of North’s specialties is negligent security cases.

He is representing 12 victim families in the wake of the July 2016 Club Blu Nightclub mass shooting.

“I totally understand when my clients say that being the victim of a criminal offense is a traumatic event which is unlike any other type of trauma. Physical injuries may heal to a certain extent, but emotional injuries are forever,” he says.

“The psychological effects of being a victim of crime last a lifetime.”

North, 52, and his wife, Benita, have a son, Joseph, who’s studying law in Nashville, Tenn. Daughter Kemeko, is a college student working at her father’s firm.

Realizing a safer community is the reward of his career. “Every lawyer wants to have a positive impact upon his or her community. I enjoy seeing that lawsuits actually improve my clients’ lives and living situations” when security measures are upgraded after a case has been resolved. “These successes—one at a time—will hopefully prevent other tragedies from occurring in the future.” RG

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The Dish

Put so me pep in your daily schlep

By Sara Fitzpatrick Comito

T

here are so many reasons to love the 3 Pepper Burrito Company story. First, it has the makings of a feel-good buddy film, with lifelong friends going into business together, taking on the big boys and beating them with heart. Then it’s a homegrown success story, with those Skyline Elementary classmates and Cape Coral High grads going all in on their hometown investment – their flagship store is thriving on Santa Barbara.

Sure, you can eat like a teenager at 3 Peppers, and until 3 a.m. on Friday and Saturdays at the downtown location – proof that we’re not rolling up the sidewalks of Fort Myers after sunset anymore. But you can also enjoy a reasonable lunch that’s in large part based on plants and light proteins. Kurt is a Crossfit enthusiast, with the appetite to prove it, but also a reluctance to undo the lithe physique he’s achieved with that grueling regimen. “I’m one of the oldest guys in there,” he demurs. A bowl with beans, rice, roast pork and fresh, crunchy veggies sets the stage for a productive afternoon, with a slight, well deserved cheat of fresh, crispy tortilla chips and spicy salsa.

But then we get to quality, value and quick service, and I’m suddenly preaching to the choir. You don’t need me to tell you about the obsessively fresh ingredients, prepped fresh daily, for I’ve seen you lawyer types lined up at the new bricklined headquarters on First Street. Add to that the quest for the perfect tortilla, and, to coin a phrase, if you press it, they will come. Upon Kurt Streyffeler’s (pictured right) urging, I’m now a 3 Pepper believer.

Like some well known Tex Mex-inspired chains, 3 Pepper’s simple service model involves building a meal from the bottom up: order a burrito, bowl or salad with the protein of your choice, then add vegetables and beans, cheese, salsas and sauces as desired. The combinations are endless.

The friendly counter staff’s choreography is well organized, and the serving stations clean and orderly. It’s a system that keeps things moving quickly, makes the process understandable to a customer and would be easily transferable to a franchise – which owners Tim Goff and Justin O’Brien certainly have in mind. A Daniels Parkway store rounds out their locations, with one on College coming soon, while the duo hammer out the legal documentation and registrations needed

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RES GESTAE | OCTOBER 2017

Kurt Streyffeler to add “franchisor” to their CVs. For now, though, it belongs just to Southwest Florida. Kurt and I ordered our respective burrito bowl and mango fresca salad, and stood in wide-eyed wonder to watch a team member gamely wrap a heroic assemblage of fillings into a neat package with a piping hot tortilla right off the press and griddle. “That looks like something my son would order,” Kurt commented. Indeed, it looked like a 17-year-old’s idea of a quick lunch. In fact, the young man at the register asked, “Aren’t you Luke’s dad?” Uh, yes.

I enjoyed the option of building a meal on salad greens with chicken, fresh japapenos, olives, mango salsa, black beans, cilantro, bell peppers, onions and a homemade ranch sauce whipped up with fresh avocado. The sky’s the limit!

Yes, the chips are irresistible. Snug-fitting lids are available for the sturdy cardboard boats everything is served in for taking the rest home. Kurt didn’t need to, but I was glad to have my leftovers on hand for the afternoon slump – of which there wasn’t much, and not on account of that fresh food!

The buritto bowl, built to order

The "diet burrito," aka the salad

On a weekend, perhaps, I might have sprung for a beer from 3 Pepper’s extensive selection, sidled up to the bar, and watched the tortilla-pressing, burrito-rolling proceedings.

It doesn’t take much to entertain me, and it’s always nice to witness a homegrown success story being cooked up in front of my eyes. I’m sure I’ll see you there! RG

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., 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

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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.

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.

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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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LCBA JUDGES CARE Hon. Robert Branning

CAC Southwest Florida, supporter Too often, the voices of child abuse victims go unheard. Conversely, the number of at-risk children and families in our community continues to rise. The Children’s Advocacy Center of Southwest Florida (“CAC”) is there to meet this challenge.

Last year, CAC provided services to 11,000 children and families in our community. Their goal is to create a healthy, safe community for children through a multidisciplinary team approach to child abuse and neglect. CAC assesses and treats kids believed to have been physically or sexually abused and provides a safe place for them to come and be heard. CAC is a needed haven of services providing comprehensive medical assessments, forensic interviews, out-patient counseling, prevention programs, and a pet therapy program. All of CAC’s services are aligned with their mission to provide a coordinated response to child victims of abuse and neglect and improve the lives of at-risk children and their families through prevention services. This is why they have my support.

For those in need and whose voices cry out for help, CAC is listening.

To schedule a tour of the Children’s Advocacy Center of Southwest Florida and learn more about how you can help, visit www.cac-swfl.org.

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LCBA MEMBERS CARE Kristie A. Scott, Esq.

Take Stock in Children, mentor After moving to Fort Myers five years ago, I learned about “Take Stock in Children” and immediately became a volunteer mentor. The program allows low-income youth students to escape poverty through education.

Students receive college scholarships and develop mentorship relationships with volunteer mentors.

Ever since I was a “peer mediator” in elementary school, I have enjoyed mentoring others. I contacted the Foundation for Lee County Public Schools to obtain information, training and a guidebook. Now I have mentored two students through the program. My first mentee graduated and is a college student.

Currently, I mentor a high school junior. I enjoy our mentorship and we participate in an annual 5k. We discuss school work and extracurricular activities like Junior ROTC. Meeting about twice a month during the school year makes mentoring easy to do while fulfilling obligations with my family and at work as an associate attorney at Knott Ebelini Hart.

Take Stock in Children is worthy of my time because I develop significant longstanding relationships while inspiring change in students’ lives. In my own life, it has been important to have positive role models. I hope to be one for my mentees; I want to be a part of their success. Be a part at takestockinchildren.org.

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Lace up your running shoes and race down the charming brick-lined streets of historic downtown Fort Myers in support of Lee County Legal Aid Society.

Afterwards, join us at the LCBA's Annual BENCH/BAR-b-que with the Glades & Hendry Counties Bar Associations.

Details coming soon.

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In The News Sean M. Ellis has been named president-elect of the Southwest Florida Attorney Real Estate Council.

The Attorneys’ Real Estate Councils of Florida (Florida ARECs) is a coalition of 20 local real estate councils across the state representing nearly 1,000 real estate attorneys. Florida ARECs provide a one-of-a-kind opportunity for real estate attorneys to learn together, connect with consumers, Realtors, lenders and other real estate professionals to create a strong network of professionals.

Ellis concentrates his practice at Roetzel & Andress on real estate law, including sales and leasing, purchases and development, association documents and plat review, and closing and title services.

Paul Shuman has joined Henderson, Franklin, Starnes & Holt, P.A., as an attorney in the Business & Tax Division. Shuman analyzes the impact of federal and state taxation on proposed business transactions to find practical solutions that minimize tax exposure. His clients include domestic and international companies, small businesses and individuals.

After founding a successful business renovating the interiors of large private and corporate yachts, Shuman attended Georgia State University College of Law on a full academic scholarship. He then received his Masters of Law (L.L.M.) in Taxation from the University of Florida Graduate Program.

Lori L. Moore has been named partner-in-charge of the Fort Myers office of Roetzel & Andress. Moore has been a member of the firm for more than 13 years. She was promoted to partner in 2012.

Moore focuses her practice on real estate matters and represents and counsels both buyers and sellers of commercial and residential real estate, landlords, tenants, developers and lenders in all aspects of real estate matters including: acquisitions and sales; commercial and residential leasing; financing, drafting and reviewing purchase contracts, loan documents, title documents, organization agreements, easements and construction contracts; and ownership issues related to submerged lands.

Honorable Mentions The LCBA is thrilled to note that three of our members have been included in Gulfshore Business’ much-anticipated yearly feature, 40 Under 40. Here is a small sampling of the nice things they had to say about…

Kristalyn Loson (34) Assistant city attorney, City of Fort Myers “She’s one of only 21 2017-18 graduates of The Florida Bar Wm. Reece Smith Jr. Leadership Academy.”

Traci McKee (39) Attorney, Henderson Franklin “Michael Corso says McKee ‘has always been a rising star and that star just keeps climbing higher.’”

Jenna Persons (34) Partner, Strayhorn & Persons “No goal seems to be too large or too scary for Jenna Persons.”

See all these ladies’ richly deserved accolades – plus the beautiful results of their high-fashion photo shoot – at www.gulfshorebusiness.com/September-2017/2017-40-Under-40. RG

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2036 McGregor Boulevard • Fort Myers, FL 33901

PRSRT STD U.S. POSTAGE

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FT. MYERS, FL PERMIT NO. 147

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

HERE FOR YOU...

W E M A K E BA N KI N G A B O U T YO U !

Yesterday, Today and Tomorrow.

When Edison National Bank

opened its doors in 1997, we commemorated the occasion by planting a Royal Palm. Today, that tree is a testament to 20 years of service. We’re standing strong with money to lend and we continue to plant the seeds of trust and loyalty.

As the oldest locally owned and chartered community bank in Lee County, our roots go deep in the community, and we will remain unwavering in our commitment to your banking needs.

1997

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

2017

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