Res Gestae - December 2018

DECEMBER 2018

SPONSORS make a difference THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

PRESENTED BY:

46th ANNUAL

12.17-22.2018

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Contents

features

AD DIRECTORY

20 The backbone of the bar

The LCBA does so much for so many, and sponsors play a vital role.

by Chuck Myron

On the cover: Cynthia Duff, Marine Sgt. and Korean War veteran George Colom, Sonya Raymond, Dan Endrizal, Lisa Poulin Photos courtesy Jim Jett Photography

20

departments 6

Letter from the President

by Dan Endrizal, Esq.

8

Letter from the Executive Director

by Lisa Poulin

10 Calendar of Events 12 Ethically Speaking

by Henry Lee Paul, Esq.

24

14 Practice Section

Elder Law

by Blake Hampton, Esq.

16 YLD Spotlight

by Joel W. Hyatt, Esq. 18 #KindLee Spotlight

Jay Caudill, Esq.

24 Legal Lens

LCBA Pro Bono Luncheon

26 New members 29 Legal Lens

LCBA Foundation Wine Tasting

30 The Dish

River District Café

32 100 Club 34 LCBA Judges Spotlight

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All Native Construction 13 Brad Jessen, Edward Jones 15 Business Observer 17 Calvo & Calvo Attorneys at Law 29 CONRIC PR & Marketing 32 CopyLady 7 Copy IT 15 Culligan City of Palms Classic IFC DeMine Immigration Law Firm 33 Denise Kennedy 27 Direct Impressions 37 Donna Tisch 34 Edison National Bank BC FineMark National Bank 13 Fort Myers Court Reporting 36 Garvin Law Firm 18 Henderson, Franklin, Starnes & Holt, P.A. 31 Hotel Indigo 25 Joe Viacava Law IBC Kelleher Firm 26 Law Firm of Scott T. Moorey 33 Law Offices of Dennis L. Webb 33 Leonard P. Reina 15 Leslea Ellis, LLC 11 Livingston Loeffler, P.A. 19 McHale, P.A. 37 Men's Rights Law Firm 19 Merit Court Reporting, Inc. 27 Musca Law Office, Inc. 3 Paris Made for You 37 Robins/Kaplan, LLP 29 Roetzel & Andress 29 Sexto Productions 16 Sheldon E. Finman, P.A. 28 Simon Harrison 19 SMALLCAKES Fort Myers 9 Spivey Law Firm, P.A. 5 Sproat Workplace Investigations 9 Stockman Mediation 27 The North Law Firm, P.A. 11 Total QuickBooks Solutions 35 Veranda Restaurant 17 Von Ahn & Associates 35 William DeForest Thompson Jr., LLC 17

Hon. Alane Laboda

36 LCBA Members Spotlight

Shaina Zuppke, Esq.

38 In The News 4

RES GESTAE | December 2018

Our advertisers support the LCBA. Please do your best to support them in return!

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Letter from the president Well, 2018 is nearly over and the LCBA has had, in my humble opinion, a very successful year with record-breaking sponsorship! The bar has earned more money this year than ever before.

The Executive Committee, and especially Kelly Fayer and Lisa Poulin, have made my year very successful. I was pleased at the turnout for the combination barbecue and shrimp boil and hope to continue the event.

I joined the LCBA for the same reason I joined Rotary.

My dad taught me that you need to participate in your community through service and professional associations.

Like all things, you get out of it what you put into it, and we have had some great events.

It has been a pleasure to serve as president of the LCBA, and I’m confident that I’m turning over to incoming president John Webb a smooth-running organization. I wish all a happy holiday season and a great new year!

LEE COUNTY BAR ASSOCIATION ADMINISTRATION

Executive Director ~ Lisa Poulin Lawyer Referral Service Coordinator ~ Kheila Perez

EXECUTIVE COUNCIL

President ~ Daniel J. Endrizal III, Esq. Vice President ~ John Webb, Esq. Secretary ~ Blake Hampton, Esq. Treasurer ~ Matt Roepstorff, Esq. Board Members: Kathy Smith, Esq. • Tiffany Pereira, Esq. Alina Gonzalez-Dockery, Esq. President Emeritus ~ Kelly L. Fayer, Esq. YLD President ~ Joel Hyatt, Esq.

COMMITTEE CHAIRS Law Related Education T. Rankin Terry, Esq. Law Week Hon. John S. Carlin Mock Trial Shaina Zuppke, Esq. & Eunice Gedeon, Esq. Pro Bono Andrew Banyai, Esq. & Blair DeMinico, Esq. LCBA Foundation Charity Golf Tournament Shannon Puopolo, Esq. & Kenneth A. Jones, Esq. Bench-Bar Gala Danielle Butler, Esq. Diversity and Inclusion Ita Neymotin, Esq. & R. Noelle Branning, Esq. #KindLee Amanda Bartley, Esq. & Kelly L. Fayer, Esq.

PRACTICE SECTION CHAIRS

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RES GESTAE | December 2018

Alternative Dispute Resolution Anne Dalton, Esq. & Bill Merchant, Esq. Appellate Alex Brockmeyer, Esq. & Matthew Irwin, Esq. Criminal Law Marisa Boysen, Esq. & Leah Harwood, Esq. Elder Law Blake Hampton, Esq. & Amy McGarry, Esq. Family Law Magistrate Gilberto Perez & Kati Calvo, Esq. General Civil & Business Litigation George Knott, Esq. & Carlos Kelly, Esq. Land Use & Governmental Law Erica Woods, Esq. & Sarah Spector, Esq. Real Property, Probate & Trust Law Kenneth Kemp, Esq. & Jennifer Hammond, Esq. Solo & Small Firm Jason Gunter, Esq. & Conor Foley, Esq. Tort Litigation Preston John (PJ) Scheiner, Esq.

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President, Cynthia Duff, President

Cynthia Duff

Letter from the executive director December brings the year to a close. I hope everyone has had a wonderful 2018. This year has brought a lot of positive changes in my life, and I look forward to that continuing in 2019.

We at the LCBA have had quite a year and many events. Next year, we will have some traditions carry on and some changes that we will announce in January issue.

I want to take a moment to thank the 2018 Annual Sponsors, Event Sponsors, Advertisers, the LCBA Executive Council and President Dan Endrizal. It has been a wonderful year and I could not have done it without all your support.

Seeing success exceed our expectations has been one of the greatest rewards in my position as Executive Director.

Some successes that come to mind in 2018 are: 1. The increase in membership. Every month we add new members, as listed here in the Res Gestae.

2.

The continued development of the Lawyer Referral Service. Since the launch of our latest software in July, it has been extremely busy. We have new attorneys joining and referrals daily.

3. Our practice sections and committees have been very active. Kudos to our chairs for their great work!

4. Increased attendance at our events. The more, the merrier!

We have an exciting year planned in 2019. Stay tuned for the entire calendar in next month’s issue or get a sneak peek by visiting us at leebar.org. Don’t forget to mark your calendars for your favorite events.

The month of December also brings Christmas (my favorite holiday).

I love the feeling of Christmas. Walking into a store when Christmas music is playing, decorating my house with Santa and fake snow, it all gives me the same happiness I felt when I was a kid.

This year, I am so blessed to have all my children here with me to celebrate Christmas, which makes it very special.

I have planned a wonderful dinner at home with my children and a day of laughter and fun.

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

239.334.0047 resgestae@leebar.org

Staff

PUBLISHER

Connie Ramos-Williams | 239.690.9840

EDITOR-IN-LAW Kelly L. Fayer, Esq.

EDITOR-IN-LAW-IN-TRAINING Tiffany Pereira, Esq.

MANAGING EDITOR Chuck Myron

CREATIVE DIRECTOR April Bordeaux

ADVERTISING DIRECTOR Linda Fiore | 239.690.9840

CONTRIBUTING WRITERS Daniel Endrizal, Esq. Lisa Poulin Henry Lee Paul, Esq. Mark Nieds, Esq. Joel W. Hyatt, Esq. Jau Caudill, Esq. Tiffany Pereira, Esq. Hon. Alane Laboda Shaina Zuppke, Esq.

CONTRIBUTING PHOTOGRAPHERS Jim Jett Photography

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 we 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© 2018 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.

Have a wonderful holiday.

Lisa Poulin, Executive Director LPoulin@leebar.org | 239.334.0047

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RES GESTAE | December 2018

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calendar of events Dates of some practice section meetings have not been confirmed. Check leebar.org for details!

December 5

December 18

Noon-1 p.m., Hearing Room 4O, Lee County Justice Center, 1700 Monroe St., Fort Myers. The Hon. Judge Alane Laboda and Henry Lee Paul, Esq. will discuss cultural diversity and ethics issues for mediators. One CLE credit is provided. There is no cost to attend for LCBA members.

5:30 p.m., Downtown Social House, 1406 Hendry St., Fort Myers. Appetizers will be served courtesy of Hahn Loeser & Parks LLP. RSVP to Nicole@ itsmylegalright.com.

Alternative Dispute Resolution Practice Section Meeting

Young Lawyers Division Holiday Happy Hour

December 7

Young Lawyers Division Monthly Lunch Meeting Noon-1 p.m., Hahn Loeser & Parks LLP, 2400 First St., Suite 300, Fort Myers.

All attorneys under age 35 or in their first five years of practice are invited to attend.

December 14

Real Property, Probate and Trust Law Meeting

Noon-1 p.m., Courtroom TBA, Lee County Justice Center, 1700 Monroe St., Fort Myers.

LCBA Office and Courts Closed

Family Law Practice Section Brown Bag Lunch Meeting

LCBA Holiday Party

6 p.m.-10 p.m., The Veranda, 2122 Second St., Fort Myers.

New Year's Day

December 20

11:45 a.m.-1 p.m., Lee County Justice Center, Courtroom 5C, 1700 Monroe St., Fort Myers.

December 6

January 1

December 24 Christmas Eve

January 17

Family Law Practice Section Brown Bag Lunch Meeting

LCBA Office and Courts Closed

11:45 a.m.-1 p.m., Lee County Justice Center, Courtroom 4F, 1700 Monroe St., Fort Myers.

December 25

January 21

Christmas Day LCBA Office and Courts Closed

Dr. Martin Luther King Jr. Day LCBA Office and Courts Closed

January 23

Alternative Dispute Resolution Practice Section Meeting Noon-1 p.m., Hearing Room 4O, Lee County Justice Center, 1700 Monroe St., Fort Myers. The Hon. Judge Alane Laboda will appear.

Visit us online at leebar.org to see more calendar items.

You can conveniently RSVP for upcoming events. Would you like to submit an event?

Email your event submission to resgestae@leebar.org

Thank You to our Annual Sponsors for 2018

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RES GESTAE  | December 2018

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Ethically speaking

BY HENRY LEE PAUL, ESQ.

t is often said in consideration of ethical dilemmas that “When in the bottom of a hole, do not keep digging.”

This is advice that should have been heeded by the lawyer in The Florida Bar v. Patterson, SC16-1438. In an opinion issued October 19, the Court reversed a recommended sanction of admonishment for minor misconduct and imposed a oneyear suspension. Although the conduct of attorney Kelsay Dayon Patterson ran afoul of multiple Rules Regulating The Florida Bar, I will only address the conduct involving conflict of interest and disparagement of the judiciary.

Rule 4-1.7 (Conflict of Interest – Current Client) prohibits a lawyer from advancing personal interests in conflict with those of a client, absent informed consent in writing, provided the conflict is waivable. Patterson participated in the presentation of perjured testimony by a client. The trial court dismissed the case as a sanction for this conduct.

Patterson and his client both were equally sanctioned in a total amount of $166,000.

Patterson appealed the order, which was affirmed. The Third District Court of Appeal then issued an order to show cause as to why additional sanctions should not be imposed for bringing a frivolous appeal. The appellate court stated that Patterson’s response primarily advocated his personal interest as opposed to that of his client. The appellate court also described the argument as a “screed” that essentially alleged a judicial conspiracy to silence him and his client on the basis of political and other reasons. The appellate court imposed additional sanctions against Patterson only.

The Florida Bar opened a disciplinary case based on the conduct in the underlying litigation and appeal. In the disciplinary case, the Supreme Court admonished the lawyer for not obtaining informed consent in writing from the client

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RES GESTAE | December 2018

to continue representation. The financial interests Patterson had in defending against proposed sanctions created a “clear and substantial risk.” The duty of loyalty to the client was compromised by personal interests of the lawyer in violation of Rule 4-1.7.

To make matters worse, Patterson wrote an inflammatory letter to judges in the underlying proceeding and made numerous additional inflammatory arguments in appellate briefs. These comments impugned the integrity of the judiciary and implied that there was a judicial scheme against him. The Court found this conduct to be in violation of Rule 4-8.2 (a) (Impugning Qualifications and Integrity of Judges). In sanctioning Patterson, the Supreme Court cited the standards of professionalism as identified in the Code for Resolving Professionalism Complaints.

In the event a lawyer becomes involved in a matter of questionable ethical conduct, it is advisable for a lawyer to take a time out and reconsider the circumstances. The duty of loyalty to a client should continue to guide a lawyer.

When a lawyer and client are facing potential sanctions, such as those available under F.S. 57.105, the Court has advised that there is an inherent conflict of interest. The lawyer has a duty to act accordingly. The Court in Patterson has again emphasized that when trying to navigate around allegations of misconduct, uncivil conduct will only dig a deeper hole. ⚖

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He also represents applicants in all matters before The Florida Board of Bar Examiners.

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13

elder law

BY BLAKE HAMPTON, ESQ.

New veterans pension rules bring clarity, but planning still key

T

he Department of Veterans Affairs recently published revised rules in the Federal Register for income and asset limits for veterans applying for nonservice connected pension. New worth, Asset Transfers, and Income Exclusions for Needs-Based Benefits, 83 Fed. Reg. 47246 (September 18, 2018) (Codified at 83 CFR Part3).

The new rules amended 38 CFR Part 3. The Non-Service Connected Pension “aid and attendance” is a tax-free benefit for wartime era veterans and their surviving unremarried spouses. The pension benefit primarily assists seniors in paying for long-term care. Historically, the benefit had an undefined asset limit and allowed claimants to make transfers of assets prior to applying for benefits.

The ambiguous rules and enforcement of the rules led to frustration and uncertainty.

The new rules under 38 CFR § 3.274(a) and (b) impose a defined “net worth” based on the Medicaid Community Spouse Resource Allowance, currently at $123,600. Net worth is defined as “the sum of a claimant’s or beneficiary’s assets and annual income.” A claimant’s net worth over the net worth limit is called the “covered amount.” Only the “covered” asset amount is subject to the look back period of 36 months. 38 CFR § 3.276.

The new pension rules effectively eliminate the often-used strategy of transferring assets and a primary residence to an irrevocable trust and then immediately applying for the benefit. Many veterans will qualify under the new rules without having to “spend-down” assets. The primary residence often caused veterans issues when they moved into assisted living. The veteran now has the option of

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RES GESTAE | December 2018

renting his/her primary residence and still excluding it from the new net worth limit.

The VA did not address all issues with their new pension rules. Specifically, the VA failed to address whether the cash value of life insurance is still not countable or whether the purchase of a life-estate would cause a penalty. I do not recommend being the test case for using life insurance or life estates as a strategy for obtaining pension eligibility.

The VA issues Fast Letters that clarify uncertainty and Office of General Counsel also issues opinion letters. It is likely the VA will further interpret their own rules in the near future.

The future of veterans pension planning is similar to what it always should have been, which is comprehensive estate and long-term care planning. The new rules will make it difficult for attorneys to add VA pension planning to their practice without significant education and experience.

Incorporating long-term care components to the estate plans of veterans can help them prepare for pension eligibility since the VA’s new form only requests information regarding asset transfers 36 months prior to application. ⚖

Blake P. Hampton is an accredited attorney with the Department of Veteran Affairs, admitted to the U.S. Court of Appeals for Veterans Claims and owner of Hampton Law, PLLC. Hampton’s practice is focused on comprehensive estate and long-term care planning. Along with Amy McGarry, he co-chairs the Elder Law Section of the LCBA.

Time to Think About Year-End Investment Moves We still have a month left in 2018, but it’s not too soon to start thinking about some year-end investment moves that might benefit you.

First, put more money into your IRA, if you haven’t already reached the limit of $5,500, or $6,500 if you’re 50 or older. You have until April 15 to fully fund your IRA, but why wait until the last minute?

Also, if your employer allows it, bump up your contributions to your 401(k) or similar retirement plan.

And if you experienced a major life event in 2018, such as a marriage, the addition of a child or even a new job, you may need to adjust your investment plans or strategy.

Finally, review your investment mix to ensure it’s still suitable for your goals and risk tolerance. Over time, the changing values of individual investments can cause your portfolio to become over-weighted in one way or another, so you may need to do some rebalancing.

These aren’t the only year-end moves you may want to consider, but they can help you close out 2018 on a positive note.

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

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15

YLD spotlight

BY JOEL W. HYATT, ESQ.

I

YLD finishes busy 2018 with flourish

t has been another successful year for the Lee County Bar Association Young Lawyers Division. We served the local community through a record-breaking Holidays in July and by purchasing books for disadvantaged children. We served the legal community through events like Day at the Courthouse and our series of guest speakers at our monthly membership meetings. On behalf of the entire LCBA YLD board, it has truly been our pleasure.

The 2019 YLD is already off to a great start with the election of our new Executive Board: Nicole Brunswick (President), Tiffany Pereira (Vice President), Shirlarian Williams (Treasurer), Eunice Gedeon (Secretary), Sara Qureshi (Social Chair), Melissa Mongiello (Recruitment Chair) and Katherine Cook (Law Student Liaison). Congratulations to each of you, and best of luck in the coming year.

The final months of 2018 were packed with great events. In October, Florida Bar Counsel Chardean Hill spoke to a large group of young lawyers regarding the attorney grievance process. Hill’s comprehensive presentation included an overview of lawyer regulation in Florida, the steps of the

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RES GESTAE | December 2018

F

attorney discipline process, advice for responding to a grievance, and, most importantly, advice for avoiding grievances. Thank you, Ms. Hill, for such a wonderful seminar.

In January, the YLD will take part in a healthy cooking class at Get U Cooking in connection with the Florida Bar’s Health and Wellness Initiative. A chef will coach attendees on how to prepare a meal and give healthy cooking tips. Afterward, the young lawyers will be able to enjoy the healthy meal they prepare! In December, please join us for our Holiday Happy Hour. Additional details will be provided on our Facebook page, and to our group email. To become involved in the YLD, please like and follow us on Facebook, or e-mail Nicole@ itsmylegalright.com to be added to our group emails. ⚖

Joel W. Hyatt is an associate in Hahn Loeser & Parks LLP's Fort Myers office. Joel concentrates his practice in the areas of commercial, construction, real estate and community association litigation. Prior to practicing law, Joel taught English at Immokalee High School. In addition to serving as President of the LCBA YLD, Joel serves on the 20th Judicial Circuit Pro Bono Committee.

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17

#KINDLEE COMMUNITY SPOTLIGHT

BY JAY CAUDILL, ESQ.

W

ould it shock you to know there are significant numbers of people in Lee County who struggle to make ends meet? Whether due to personal hardships, significant health issues, Hurricane Irma, or, even more recently, red tide, the Bonita Springs Assistance Office, aka the BSAO, stands in the gap to provide temporary assistance to Bonita Springs residents in financial crisis.

For those of you who don’t know, the BSAO is a United Way and Harry Chapin Food Bank Partner that provides temporary assistance through several different programs. These include a choice food pantry, financial assistance, a senior food program, volunteer income tax preparation assistance and “Backpacks of Love,” a program to provide child friendly, non-perishable, nutrient-dense food to food-insecure children and teens. We also provide social assistance referrals to our clients so they may take advantage of state or federally sponsored assistance programs.

I was grateful to be invited to join the BSAO Board of Directors in February of 2017, and I’m honored to serve as secretary for 2018. I, of course, had heard of the organization before my board interview, but honestly I had very little understanding of the impact that this organization has had on Bonita since its inception nearly 40 years ago.

Continuing in that tradition, the BSAO recently received an invitation to partner in the Florida Department of Economic Opportunity’s Rebuild Florida program, which will allow us to support government efforts to provide $1.4 billion in disaster recovery to our community. I am excited to be part of these initiatives. Visit bonitaassistance.org to learn how to help. ⚖

Thank yy...

FOR CONTINUING TO TRUST US WITH

YOUR CLIENT’S INJURY CASE. Jeff

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RES GESTAE | December 2018

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December 2018 | RES GESTAE

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‘THE BACKBONE OF THE BAR’ The LCBA does so much for so many, and sponsors play a vital role

By Chuck Myron

Think of what your spine does for you.

It provides the support you need to stay upright. It functions as a nerve center that facilitates your every move. It even coordinates some simple reflexes, allowing you to be agile and adaptive.

The same could be said about the role sponsors play for the LCBA. Like your backbone, the spine of a book, or the hull of a boat, they’re an essential part that allows the LCBA to do everything it does.

Most recently, the LCBA’s annual sponsors were behind a $2,000 donation to the Southwest Florida Military Museum on November 9 at the Bench Bar Gala. LCBA leaders proudly presented a check to representatives from the museum, which offers free admission to its display of military artifacts and memorabilia while educating the public and future generations about U.S. military heritage.

Michael Higer, former President of The Florida Bar and John Webb of John Webb Legal Group

Still, that represents only a tiny fraction of what sponsors empower the LCBA to do. The LCBA Foundation’s tens of thousands of dollars in grants to community organizations wouldn’t be possible without sponsor support of fundraising events like the second annual wine tasting, which took place Oct. 27.

Vineyard Platinum Sponsors Henderson, Franklin, Starnes & Holt, P.A., GrayRobinson and Roetzel & Andress led the way as the foundation raised money for

Danielle Seitz of Aloia, Roland, Lubell & Morgan, Kayla Richmond of Henderson Franklin Starnes & Holt, Dory O'Donnell of Aloia, Roland Lubell & Morgan

its grants to community organizations. (see photos on page 28).

There are many sponsors you need only thumb through these pages to see.

The award-winning Res Gestae runs on advertiser support, and every ad you see enables the stories, Dan Detrick and Cynthia Duff of CopyLady, Kathy Smith, Kelly L. Fayer photos, event listings and more that you find in each puts on. It’s another collaborative issue. effort that brings multiple attorneys Sometimes, sponsors together to serve. aren’t as visible. But the “Our firm sponsors the Lee County annual sponsors that Bar Association because it has been sustain the bar make helping keep the legal community possible such events together for almost 70 years,” said as Law in the Mall, an Ty G. Roland, partner with Aloia, altruistic LCBA tradition Roland, Lubell & Morgan, PLLC. that will celebrate its 25th “When attorneys and judges can year in 2019. socialize and share ideas outside of The attorneys who participate in the free legal the courthouse, it raises the level of professionalism and discourse inside clinic do so pro bono, of the courthouse as well.” but without the bar, there would be Children are a focus of the LCBA neither an organizing nor galvanizing Young Lawyers Division, which force behind the effort. What makes has sought and received grants for Law in the Mall special is that it its children’s literacy project and isn’t just a single attorney trying to make a difference — it’s a whole “CopyLady continues to support the team, prepared LCBA because of the membership and their to answer any involvement with our local community. It’s a legal question snowball effect. We support the LCBA and its the public lobs at many members, and it enables them to help them and do their thousands of individuals in our community.” best to help. ~ Dan Detrick, vice president and That team chief financial officer, CopyLady is the bar, and what keeps the team together are the annual sponsors.

Law in the Mall is just one example of how annual sponsor support leads to the greater good. Local high school students receive invaluable lessons about the judiciary process during the annual Lee County mock trial Andrew Banyai, Michael Raheb of The Law Offices of competition that the LCBA Michael Raheb, Marisa Boysen.

December 2018 | RES GESTAE

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provides gifts for children in need during its annual Holidays in July celebration. None of it would be possible if annual sponsors didn’t step up to provide tens of thousands of dollars to the bar this year.

Much as children grow, so has the LCBA. And as the bar has evolved, new benefits for the community have emerged. The #KindLee Committee, wrapping up its second year of performing random acts of kindness, is another fruit of the sustaining partnership of annual sponsors. #KindLee’s

Leland Garvin, Guichard St. Surin of The Guardian Law Firm, Jonathan Martin

operations, and streamlines the intake process for everyone involved.

And even this has a community benefit, since it provides a

“Henderson Franklin cares deeply about our roots here in Lee County. We consider the bar to be an irreplaceable part of not just the legal community, but the community as a whole. Part of our mission is to contribute to the wellbeing of our neighbors in Southwest Florida; the bar plays a key role in helping us accomplish that.” ~ Gail Lamarche, director of marketing and business development, Henderson, Franklin, Starnes & Holt P.A. assistance runs the gamut, from a peanut butter and jelly drive to feed the hungry to a silent auction to benefit SalusCare’s community mental health services, and more.

Many times, the beneficiaries of the bar’s work are the attorneys who make up the bar. The Laywer Referral Service funnels potential clients to LCBA attorneys, which fosters the growth and development of new practices, helps solo practitioners sustain and grow their

necessary for maintaining the community. These are invaluable allies, and we’re so thankful to have them.”

Some of the annual sponsors are members of the legal profession themselves, like Aloia, Roland, Lubell & Morgan, PLLC, The Guardian Law Firm, P.A., Henderson, Franklin, Starnes & Holt, P.A., the Law Offices of Michael M. Raheb, P.A., and John Webb Legal Group, P.L., headed by incoming LCBA President John Webb.

“As a firm, we support the LCBA as an annual sponsor to help assist the bar in providing all of the different programs to its members,” Webb said. “That includes valuable resources like CLE credits and other benefits that enhance the service we offer as attorneys.”

Others are indelibly linked to the law, like the court reporting firms of Fort Myers Court Reporting and Von Ahn Associates Inc. Then

centralized resource for members of the public in need of counsel.

The public pays $50 for a consultation through the Lawyer Referral Service, and LCBA members pay $150 to be listed. But sponsors made it possible for the LCBA Tonyia Moyer with Carrie Kane of Total Quickbooks Solutions to hire Kheila Perez as Legal Referral Service there are those in professions that Coordinator this year, and she plays fuel day-to-day legal work, like a key role running that CopyLady, which sells and maintains operation and assisting business machines, FineMark LCBA Executive Director National Bank & Trust, which assists Lisa Poulin.

“These sponsors have with finance, Total QuickBooks made an investment in the Solutions, the bookkeeping experts, legal profession,” Poulin Commercial Real Estate Services of said. “By supporting the SWFL Inc., which provides attorneys bar, they’re saying that with a place to do business, and they believe what we’re CONRIC PR & Marketing, the Karen Crawford and Maggie Webb-Miller of Von Ahn Associates, xx, xx doing is right, good and publishers of the magazine you’re

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RES GESTAE | December 2018

bar provides sponsors with benefits of attorneys in ensuring and further opportunities for all people have fair exposure. and equal rights under So, the next time you’re at the gym, the laws of the United States," said Kristina Chin learn about an exercise you can do to help strengthen your spine. And the Quee, marketing design next time you’re at an LCBA event, coordinator for the bank. find out something you can do to "FineMark supports help an annual sponsor. You’ll be the the Lee County Bar ultimate beneficiary of both. ⚖ Association because it is Jackie Burrell of Fort Myers Court Reporting a valuable resource to our local attorneys and liaison “I choose to sponsor the Lee between attorneys and the rest of reading now.

County Bar Association because our community.

"In late 2010, I was introduced of their community impact and Annual sponsors receive mention to the Lee County Bar Association the partnerships created between at all LCBA events and in LCBA and immediately recognized the my firm and all of its members.” event promotions, as well as value of the organization, not only ~ Carrie Kane, owner/operator, mentions in the LCBA website, to the legal community but to Total Quickbooks Solutions in the Res Gestae calendar of the community as a whole," said events and in the weekly “News Connie Ramos-Williams, CONRIC You Can Use” email PR & Marketing president and newsletters. They also chief marketing officer. "CONRIC get free admission for PR & Marketing has been a proud two at the LCBA Bench publishing and marketing partner, Bar-B-Q and Shrimp supporter and sponsor ever since.

Boil, free admission for Through our partnership over one at the LCBA Annual the past eight years, the LCBA Meeting and the Law Res Gestae color glossy magazine Week Awards Luncheon, was launched and has garnered and the opportunity to numerous regional and state awards Hon. Jack Weiss, Read Sawczyn of FineMark National give promotional items to for writing and design. Better, Bank & Trust guests at LCBA events. together."

They also have the option of providing extra support to receive 2018 Annual Sponsors social media promotion, cross promotion of their Aloia, Roland, Lubell & Morgan, PLLC own events, vendor Commercial Real Estate Services tables at monthly LCBA of SWFL Inc. luncheons, and additional CopyLady free admission to LCBA CONRIC PR & Marketing events, among other Chuck Myron, Linda Fiore, Connie Ramos-Williams, Rick Williams, FineMark National Bank & Trust benefits.

April Bordeaux of CONRIC PR & Marketing with Susanne Boy and John Agnew of Henderson Franklin Starnes & Holt LCBA annual Fort Myers Court Reporting sponsorship is a symbiotic The Guardian Law Firm, P.A. relationship. The sponsors Henderson, Franklin, Starnes & Holt, P.A. The sponsors are all different, but who provide the backing allow the they have the same goal in mind: John Webb Legal Group, P.L. bar to stand up to problems that To empower the work of the LCBA Law Offices of Michael M. Raheb, P.A. affect the community and address through continual support and Total QuickBooks Solutions them — just as your spine allows you service.

Von Ahn Associates Inc. to stand up and deal with whatever “FineMark National Bank & is facing you — and in so doing, the Trust recognizes the importance December 2018 | RES GESTAE

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legal lens

Pro Bono Awards Luncheon

Dozens of LCBA attorneys who gave of their time and their expertise were accorded with welldeserved recognition during the annual Pro Bono Awards Luncheon on Oct. 19 at the Sidney & Berne Davis Art Center. The event was held in conjunction with Florida Rural Legal Services, which connects people in need of legal assistance with attorneys who can help. âš–

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8 Photo credit: Jim Jett Photography

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1. Linda Doggett, Cynthia Duff 2. Lisa Poulin, Nancy Dubois 3. Heidi Brown, Shaina Zuppke 4. Shannon Pouopolo, Madison Allen, Sara Qureshi 5. Ethel Wells, Hon. Archie Hayward 6. Hon. Archie Hayward, Richard Johnston 7. Dan Endrizal, Ethel Wells 8. Back row l to r: Phillip Howard, Guy Flowers, Shaina Zuppke, Kelly L. Fayer, Christine Wright, L. David Sims. Middle row l to r: Elizabeth Bently, Richard Johnston, Albert Batista, Norma Brill, Heidi Brown, Theresa Daniels, William Meehan, Mary Snell, Steven Spence, Shannon Puopolo, Richard Ricciardi. Front row (seated) l to r: Lisa Poulin, David Steckler, Dan Endrizal, Linda Doggett, Ethel Wells, Hon. Archie Hayward.Ethel Wells, William Meehan, Hon. Archie Hayward

LEGAL LENS

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9. Ethel Wells, William Meehan, Hon. Archie Hayward 10. Dana Kelin, Ashley Limardo, David Steckler, Ethel Wells, Hon. Archie Hayward, Allison Cascone, Mackenzie Kirby 11. John Webb, Alexandra Kleinfeldt 12. Ethel Wells, Mary Vlasak Snell, Hon. Archie Hayward

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December 2018 | RES GESTAE

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LCBA WELCOMES NEW MEMBERS Bernard R. Mazaheri Morgan & Morgan Tylan T. Ricketts Butcher & Associates, PL Matthew A. Smith Banker Lopez Gassler P.A. Casey Gartland Swope, Rodante P.A. Kaylee A. Tuck Henderson, Franklin, Starnes & Holt, P.A. Brian A. Williams The School District of Lee County

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RES GESTAE  | December 2018

Celebrating 10 Years serving The 20 th Judicial Circuit

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legal lens

LCBA Foundation Wine Tasting Event

Fine wine and fine art were in abundance at the LCBA Foundation's second annual wine tasting event on October 27 at the St. Charles Yacht Club. The event, which featured the works of Robert Rauschenberg, raised money for the foundation's community grant-giving. LCBA member Mike Randolph and his wife, Beth, contributed with their purchase of a limited edition signed Rauschenberg print. ⚖

1

1. Kristlyn Loson Atwood, Angela Melvin, Kelly L. Fayer 2. The art of Robert Rauschenberg was on display.

3. Mike and Beth Randolph 4. Nick Stokke, Shannon Puopolo, James barritt, Amanda Barritt, Molly Maggiano, Rachel Stroemer, Hanna Stroemer

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RES GESTAE | December 2018

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December 2018 | RES GESTAE

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the dish

BY TIFFANY PEREIRA, ESQ.

T

A welcome addition to the downtown breakfast and lunch scene

ucked away in the Royal Palms Plaza on the corner of First Street and Lee Street is one of downtown's newest breakfast and lunch locations. River District Café, also known as RDC, opened its doors in April of this year in the old Gwendolyn’s space. Since then, it has been wowing downtowners with its quick comfort food options.

The LCBA Young Lawyers Division recently hosted one of our monthly luncheons at RDC, and you can bet we will be back. During the month of November, YLD hosted Florida Bar Counsel Chardean Hill as she provided information about the grievance and discipline process for lawyers. We ordered right when Chardean began to speak, and we all received our food promptly as she was finishing. The group’s orders were split between the breakfast and lunch menus, with everybody getting something different.

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diced ham or sausage and topped with cheese, egg, and either hollandaise sauce or sausage gravy.

Most breakfast items are available a la carte as well, including pancakes, waffles, French toast, etc.

I opted for a three-egg cheese omelet with spinach French toast with four-berry topping and onions. I pulled out my phone to glance at the week’s events and before I knew it, my food arrived, hot and fresh. The omelet was light and fluffy, its contents cooked to perfection. I was thoroughly pleased to be able to enjoy a traditional breakfast so close to my office.

Our meeting was scheduled at noon, the typical lunch time for the downtown crowd. Upon arrival, everyone was greeted promptly and sent over to a large table that had been set up for us. The remainder of the tables in the restaurant were filled with groups of up to four, and there were a variety of people.The environment is welcoming YLD Luncheon to all types. If you do not wish to sit at a table, there is a small bar top as well.

The lunch menu is just as thorough, offering a variety of appetizers, soups, salads, sandwiches and burgers. All sandwiches and burgers come with your choice of french fries or cole slaw for a price ranging from $8.95-$9.95.

Children have the option of Grilled Cheese or Chicken Tenders and Fries for $3.95.

My first trip to RDC was a few weeks prior when a morning consultation ended up being rescheduled. I wandered over to the restaurant by myself to see what the hype was about after seeing friends post about it on Facebook. The breakfast menu boasts all of the traditional breakfast foods such as Steak and Eggs ($9.95), Southern Biscuits and Gravy ($4.95), customizable Omelets (starting at $6.95) and more, all served with your choice of baby red potatoes or grits, and toast or biscuits. Specialties include Breakfast Bowls (starting at $6.95), Eggs Benedict ($8.95) and the popular River District Breakfast Bowl ($8.95), containing a biscuit boat that is cooked to order and filled with applewood bacon,

Everyone’s food came at the same time and our waitress was incredible at keeping our drinking glasses full, even bringing checks early for some members who had to hurry back to work and wanted to pay in advance. Mind

RES GESTAE | December 2018

I ordered a Fried Chicken Salad ($8.90) that came with the most delicious homemade ranch dressing. The chicken was crisp and delicious and the salad was a generous portion.

Next to me, my husband ordered the River District Philly ($9.95), which he quickly devoured. The french fries were great, too! Down the table were a variety of menu items that everyone seemed to enjoy. I asked for feedback for this article and was greeted with many smiling faces and full mouths, mumbling their compliments.

Fried chicken salad

you, we had a table of 18 or so people, and this was during lunchtime.

In addition to the regular menu items, RDC posts daily soups and specials on their Facebook page, @RiverDistrictFood.

The specials have included desserts, tacos, quesadillas, shrimp po’boys and more — usually accompanied by pictures to really get your mouth watering.

Overall, I would say one of the best things about RDC is that the location is perfect for a variety of purposes, whether it be picking up a to-go order to take back to the office or a casual meeting with a client. The restaurant is not too loud for conversation, and you do not have to worry about loud music or other distractions if you need to get work done while you dine. The staff is friendly and accommodating, and I can’t stress enough the quality and freshness of the food. One thing I know for sure is RDC has become a go-to option for me when I’m looking for something different from the usual downtown lunch options.

I encourage you and your colleagues to give RDC a try sometime Cheeseburger soon. Feel free to let us know how your visit went. This feature, The Dish, is undergoing some changes, and we would love increased feedback and participation from LCBA members. If there is a restaurant, brewery or other business you wish to see featured here, let us know. If you would like to write a review, we welcome that as well. Bon appétit! ⚖

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Tiffany L. Pereira is a burgeoning food critic and solo practitioner who concentrates her law practice on transactional business and agricultural law. She serves as a member of the LCBA Executive Council, is the incoming vice president of the LCBA Young Lawyers Division, and is the statewide representative for the Lee County Association for Women Lawyers.

Adapting. Changing. Moving forward. henlaw.com • 239.344.1100 Fort Myers • Bonita Springs • Naples

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December 2018 | RES GESTAE

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100 CLUB 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 Bonita Springs City Attorney’s Office Boyle & Leonard, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC Buchanan Ingersoll & Rooney PC Calvo & Calvo Cody & Linde, PLLC Coleman & Coleman Cole Scott & Kissane, P.A., Bonita Springs Office DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A. Florida Rural Legal Services Fort Myers City Attorney’s Office Garvin Law Firm Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg Noone, LLC

Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Grant Fridkin Pearson Green, Schoenfeld & Kyle, LLP Grossman Law & Conflict Management Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A. John Webb Legal Group, P.L. Kelleher Firm Knott Ebelini Hart Kuhn Law Firm, PA Kushner & Kushner LaDonna J. Cody, P.A., Attorney at Law The Law Office of Brantley Oakey The Law Office of Michael M. Raheb, P.A. Law Offices of Dennis L. Webb, P.A. Lee County Legal Aid Society, Inc. Levins & Associates, LLC Maughan Law Group McQuagge Law Firm Men’s Rights Law Firm The 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 Richard Johnston Law 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. Toll Law Vernis & Bowling of Southwest Florida, P.A. Viacava & Cantor Attorneys at Law Viles & Beckman, LLC Yeslow & Koeppel, P.A.

Is your firm part of the 100 Club? Any firm with two or more attorneys and 100 percent 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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RES GESTAE | December 2018

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LCBA Judges Spotlight

Hon. Alane Laboda

1. Mother always knows best. Just before I turned 16, I refused to practice driving in reverse and parallel parking (like my mother told me to do). On the day of my birthday I woke up excited to get my driver’s license and I failed the test! I couldn’t parallel park or back the car up in a straight line.

Folks, always listen to your mother!

2. I have a judicial birthday twin in our Circuit and in our Courthouse! Can you guess who it is? His initials are KRK. 3. I was truly speechless at the wonder and amazement of the giant sequoias in Kings Canyon, California. National and state parks are some of my favorite places on the planet.

4. I once fell off the bench. I dropped my pen in the middle of taking a plea in a criminal case. I reached down to grab it, my robe got caught under the wheel of my chair and boom, I fell right on the ground behind the bench! You should have seen the faces of the people in the courtroom when I popped back up!

5. Matt Stone, the comedy actor and writer who co-created “South Park” and the Broadway musical “The Book of Mormon,” is my cousin.

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RES GESTAE | December 2018

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December 2018 | RES GESTAE

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LCBA Members spotlight

Shaina Zuppke, Esq.

1. My husband and I lived in the same small town (Waconia, Minnesota), but we didn’t know each other until we met at a party in the building where he lived in Minneapolis. We realized that we were both from Waconia and even rode the same school bus. I was the first stop and he was the last stop.

2. I went to San Diego State University for my undergraduate degree. I absolutely loved living in San Diego. I had more fun surfing than studying. I learned how to surf through a class offered through my school.

3. I love gardening. It is in my blood; my grandmother and father are avid gardeners. It is one of the ways I take time for myself. I am currently working on a butterfly and bee garden.

4. My daughter is my favorite person! She is almost 5, but going on 15. I love watching her grow into a little person. We love spending our weekends outside, going to the beach, the park, and taking our dog, Shorty, for a walk.

5. I worked as a credit counselor and banker prior to law school. During law school, my passion for helping people introduced me to the practice area of dependency. I worked for the Office of Criminal Conflict and Civil Regional Counsel as a parent’s attorney and opened my own firm almost two years ago. I now work representing parents, children and caregivers.

In a time when many local court reporting firms are selling to national companies, we continue to preserve the personable service you have come to expect.

ACCURATE, EXPERIENCED, and LOCAL reporters serving our Southwest Florida legal community.

Fort Myers Court Reporting clients will now be able to schedule in Bradenton, Sarasota, Venice, Port Charlotte, and Punta Gorda. · · · Jackie Burrell, RPR, FPR

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Online scheduling with 24/7 access to all repository files Nationwide scheduling Independent, court-reporter owned firm

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RES GESTAE | December 2018

YOUR TRIP TO PARIS SHOULD BE THE TRIP OF A LIFETIME. Your unique Paris experience starts here.

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December 2018 | RES GESTAE

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In The news

Jeff Fridkin, a founding member of Grant Fridkin Pearson, P.A., has been named to the Junior Achievement of Southwest Florida Collier County Business Hall of Fame. The recognition is given to outstanding entrepreneurs who serve as role models for youths through their professional accomplishments and commitment to the community.

Fridkin, a Florida Bar Board Certified Civil Trial and Business Litigation Specialist, heads the firm’s litigation group. He has practiced law in Southwest Florida since 1985 and has maintained an AV rating from Martindale-Hubbell for 25 years.

Austin Turner of Henderson, Franklin, Starnes & Holt, P.A. was appointed serve on The Florida Bar Environmental and Land Use Law Section Committee. The committee studies proposed legislation affecting the use of land, assists with CLE programming, and facilitates discussions on innovative and emerging land use law ideas.

Turner currently serves on the Management Committee for the Urban Land Institute Southwest Florida District Council and the Leadership NEXT Committee for the Greater Fort Myers Chamber of Commerce.

Hope Clubhouse of Southwest Florida's Annual Mental Health Luncheon, chaired by Kelly L. Fayer of Kelly L. Fayer, P.A., raised a record $133,000. State Rep. Heather Fitzenhagen served as honorary chair and Sawyer C. Smith of Wilbur Smith Law Firm was the keynote speaker. The luncheon’s theme, “Faces of Hope at Work,” was designed to spotlight the organization’s job placement efforts.

Nirupa Netram has joined the Southwest Florida Community Foundation as immigration program officer. Netram grew up in Southwest Florida and has experience in the nonprofit, government and private sectors. She earned her Juris Doctor from Stetson University College of Law. The move comes as the foundation launches a new Immigrant Program Grant, with backing from The Florida Bar and others. The grant seeks to fund nonprofits that provide legal services to immigrants, refugees or both. Details are available at floridacommunity.com.

Guy Whitesman of Henderson, Franklin, Starnes & Holt, P.A. has been named 2019 Tax Law Lawyer of the Year in Fort Myers by Best Lawyers in America. Whitesman chairs Henderson Franklin’s Business and Tax division and concentrates his practice in mergers and acquisitions, business organization operations and planning and taxation.

Whitesman is a former chair and longtime active member of the Executive Council of the Florida Bar Tax Section. He is also a Florida Bar Board Certified tax attorney and serves as a member of the Board of Trustees of the University of Florida Law Center Association Inc.

Remember to send us your news at ResGestae@LeeBar.org.

See more LCBA members in the news at LeeBar.org/in-the-news.

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RES GESTAE | December 2018

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

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

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