Res Gestae - March 2018

MARCH 2018

COMBO PLATTER Bench Bar-B-Q and Shrimp Boil pits surf vs. turf

DACA DEBATE

Hits home for an LCBA attorney and her family THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

Our CopyLady team can’t wait to see what’s cookin’ for the Bench Bar-B-Q and Shrimp Boil! We are proud to be a sponsor of this annual event and invite everyone to bring their tastebuds to the Alliance for the Arts from noon-4 p.m. March 24. Our mouths are watering already.

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President, Cynthia Duff, President

Cynthia Duff

Contents

features

AD DIRECTORY

20 Bench Bar-B-Q and

Shrimp Boil doubles down on flavor

by Chuck Myron

Two traditional LCBA events become one this month

24 DACA uncertainty

casts shadow over LCBA member's family

20

by Chuck Myron

departments 6

Letter from the President

by Dan Endrizal, Esq.

8

Letter from the Executive Director

by Lisa Poulin

10 Calendar of Events 12

24

Ethically Speaking

by Henry Lee Paul, Esq.

14

Practice Section

16

YLD Spotlight

Criminal Law

by Marisa Boysen, Esq.

by Joel Hyatt, Esq.

17

100 Club/New Members

18

18 Legal Lens

Downtown & Stilettos

28 Legal Lens

Mock Trial

30 The Dish Society

Barbara Pizzolato 27 Bounds Law Group 13 Boyle & Leonard, P.A. 11 Brad Jessen, Edward Jones 7 Business Observer 23 Calvo & Calvo Attorneys at Law 29 CONRIC PR & Marketing | Publishing 32 Copy IT 35 CopyLady IFC DeMine Immigration Law Firm 9 Denise Kennedy 33 Donna Tisch 26 Edison National Bank BC FineMark National Bank 9 Fort Myers Court Reporting 19 Garvin Law Firm 34 Get Smart Bail Bonds 29 Henderson, Franklin, Starnes & Holt, P.A. 22 Hotel Indigo 15 Joe Viacava Law IBC Joshua Tree Counseling 37 Kempton P. Logan 35 Kushner & Kushner Attorneys 17 Law Firm of Scott T. Moorey 29 Law Offices of Dennis L. Webb 11 Law offices of Kevin Jursinski 15 Leonard P. Reina 23 Leslea Ellis, LLC 23 Livingston Loeffler, P.A. 17 McHale, P.A. 37 Merit Court Reporting, Inc. 33 Musca Law Office, Inc. 3 The North Law Firm, P.A. 35 Panther Printing 37 Real Estate Advisory Services, LLC 27 Roetzel & Andress 19 Sheldon E. Finman, P.A. 7 Spivey Law Firm, P.A. 5 Total QuickBooks Solutions 27 Veranda Restaurant 9 Von Ahn & Associates 13 William DeForest Thompson Jr., LLC 36

32 LCBA Judges Care

Honorable Joseph Foster

34 LCBA Members Care

36 LCBA Members Care

Matt Roepstorff, Esq.

38 In The News 4

30

Britton Swank, Esq.

RES GESTAE  | March 2018

On the cover: Hon. Jack Lundy, Jerry von Gruben, Hon. Robert Branning Photo credit: Jim Jett Photography

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, Lisa Poulin at lpoulin@ leebar.org or 239-334-0047.

SERIOUS INJURY AND DEATH CASES Auto Accidents Motorcycle Accidents Wrongful Death Slip and Falls Victims of Drunk Drivers

Main OfďŹ ce: 13400 Parker Commons Blvd.

Fort Myers, FL 33912

Serving ALL of Florida Randall L. Spivey, Esq. Board Certified Civil Trial Attorney

Randall L. Spivey

Letter from the president The ongoing unresolved issue of legal immigration has been challenging presidents and lawmakers for most of the last four decades.

With each new commander in chief, a new set of ideas are proposed in Washington.

These ideas have historically been discussed, deliberated, demonstrated and ultimately deferred to the next president due to a lack of quorum required to make any meaningful change.

This longstanding conundrum is now again spotlighted every night, on every major television network and social media outlet with passionate debate on both sides of this issue. Until we can all find common ground, it is important to learn about the laws that address this issue.

No matter what side of the fence you are on, as lawyers these issues may affect our clients and our practices, if they haven’t already. Please read the article about a very personal connection between an LCBA member and a controversial immigration law on page 24.

On a less serious topic, we have a new twist on both the annual BBQ and the annual Shrimp Boil this year. They will combine on March 24 to become the LCBA Surf vs.

Turf, with returning champions Judge Lundy and Judge Branning. There will be something for everyone’s taste, including shrimp prepared by Jerry Von Gruben.

On certain holidays and special occasions in the military, it is traditional for the officers of any given unit to appear, clothed in dress blue uniforms, prepared to serve the food to their troops. This year, the Executive Council of the LCBA will be serving you! Don’t miss them in their official LCBA aprons!!

See you there!!!

Daniel J. Endrizal III, Esq. Daniel.Endrizal@earthlink.net | 239.728.8555

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RES GESTAE | March 2018

LEE COUNTY BAR ASSOCIATION ADMINISTRATION

Executive Director ~ Lisa Poulin Administrative Assistant ~ Savannah Schlosser

EXECUTIVE COUNCIL

President ~ Daniel J. Endrizal III, Esq. Vice President ~ John Webb, Esq. Secretary ~ Blake Hampton, Esq. Treasurer ~ Matt Roepstorff, Esq. Board Members: Kathleen Smith, Esq. • Tiffany Pereira, Esq. Alina Gonzalez-Dockery, Esq. President Emeritus ~ Kelly L. Fayer, Esq. YLD President ~ Joel Hyatt, 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 Shaina Zuppke, Esq. & Maria Berrette, Esq. Pro Bono Hon. Kathy Sturgis Annual Charity Golf Tournament Shannon Puopolo, Esq. Bench-Bar Gala Danielle Butler, Esq. Diversity and Inclusion Ita Neymotin, Esq. & Timothy McCan II, Esq. #KindLee Amanda Bartley, Esq. & Kelly L. Fayer, Esq.

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. 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 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.

What’s the Invetment Outlook for 2018?

As you know, 2017 was a good year for most investors. But what can you expect in 2018?

Many experts foresee improved global economic growth and rising corporate earnings – both of which are important drivers of stock prices. Plus, interest rates remain low – another good sign for the financial markets.

However, it’s been a while since we had a market “correction” – that is, a decline of 10% or more.

Usually, we see a correction almost every year – so don’t be too surprised if this happens in 2018.

Yet, a correction could be a chance to look for good buying opportunities, as stock prices may be lower.

Still, other factors may lead to an increase in market fluctuations. To help reduce the impact of this volatility, you may want to rebalance your portfolio to achieve a suitable mix of stocks and bonds, based on your goals, risk tolerance and time horizon.

You can’t control the external factors affecting the financial markets, but you can take charge of your own investment decisions – and in the long run, these decisions can help determine your success as an investor.

Brad Jessen, Financial Advisor

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Member SIPC

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

The Legacy Continues Saving families, one at a time Sheldon E. Finman, P.A. A respectful approach to divorce.

Client-centered, child-focused, problem-solving transition from marriage.

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March 2018 | RES GESTAE

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Letter from the executive director There’s been a change at the top. I am excited to be the new Executive Director and want to thank the executive council for this opportunity. I also want to thank David Seitz for being a great boss. It was a pleasure working with him and he will be missed.

For those of you who don’t know me, let me give you a little background. I am originally from a very small town called Livermore Falls, Maine. I moved here in the summer of 2009. I was hired as a part-time Lawyer Referral Coordinator by Nanci DuBois on Nov. 15, 2011, and soon after I became her Executive Assistant. I worked closely with Nanci until she resigned at the end of 2014. I have worked with a few executive directors since then, and that experience made me uniquely qualified for this position. I look forward to doing great things for the Lee County Bar Association and building more relationships with people in the community.

One of the first decisions I made as the new Executive Director was hiring an intern named Savannah Schlosser as the Administrative Assistant for the LCBA. Savannah is a Florida SouthWestern State College student in paralegal studies. She plans to work for the LCBA until she completes her bachelor’s degree and then will attend law school at the University of Alabama.

Savannah is very excited to be Savannah Schlosser a part of the LCBA, and I am excited to have her. I am cross-training her to assist me with the administrative work as well as Lawyer Referral Service Coordinator duties. So, if you still need to renew your 2018 membership dues or sign up for the lawyer referral service, please contact Savannah at 239-334-0047 Ext. 101 or e-mail her at admin@leebar.org. She will be happy to assist you.

If you have not met me or Savannah, please stop by the LCBA office. We would love to meet you.

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.

MANAGING EDITOR Chuck Myron

CREATIVE DIRECTOR April Bordeaux

ADVERTISING DIRECTOR Linda Fiore

239.690.9840

FEATURE WRITER Chuck Myron

CONTRIBUTING WRITERS Daniel Endrizal, Esq. Lisa Poulin Henry Lee Paul, Esq. Marisa Boysen, Esq. Joel Hyatt, Esq. Chelle Koster Walton

CONTRIBUTING PHOTOGRAPHER 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.

Thank you for all your support and all the kind words I have received so far.

I am looking forward to 2018 and the years to come!

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

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RES GESTAE | March 2018

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March 2018 | RES GESTAE

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calendar of events Some dates for 2018 Section Meetings have not been confirmed - Check leebar.org for details!

March 2

LCBA Membership Meeting

Noon-1 p.m., Sidney & Berne Davis Art Center, 301 First St. Theme will be honoring our past presidents. Cost: LCBA members - $25, non-members $35, judges complimentary. For more information and registration, please visit www.leebar.org.

March 7

Southwest Florida Real Estate Council meeting 5:30-7 p.m., Edison Restaurant, 3583 McGregor Blvd. (Rescheduled from Feb. 27.) Key leaders of the Royal Palm Coast Realtor Association will discuss developments in the Southwest Florida real estate market and how the SW Florida Real Estate Council and Royal Palm Coast Realtor Association can work together. The event is free for members and $40 for non-members.

RSVP to Gisselle Burbine at 1-800-3363863, ext. 7202, or gburbine@thefund. com.

March 9

LCBA Solo & Small Firm Practice Meeting

8-10:30 a.m., GunterFirm, 1514 Broadway, Suite 101. Theme will be on law firm finances and taxes. For more information and registration, visit www. leebar.org.

Center, Courtroom 5C, 1700 Monroe St. For more information and registration, please visit www.leebar.org.

ryan@ohalloranfamilylaw.com.

March 24

8 a.m-3 p.m., Lee Health Blood Mobile, southeast corner of Monroe St. and Dr. Martin Luther King Jr. Blvd. Contact Luis Rivera at 239-344-1323 or luis.rivera@ henlaw.com.

Annual Bench Bar-B-Q and Shrimp Boil

Noon-4 p.m., Alliance for the Arts, 10091 McGregor Blvd. For more information and registration, please visit www.leebar.org.

March 30

Good Friday

LCBA Office and Courts Closed.

April 6

Young Lawyers Division Monthly Lunch Meeting

Noon-1 p.m., The Barrel Room, 2214 Bay St. All attorneys under age 35, or in their first five years of practice, are invited to attend.

April 19

Family Law Section Brown Bag Lunch 11:45 a.m.-1 p.m., Lee County Justice Center, Courtroom 5C, 1700 Monroe St. For more information and registration, please visit www.leebar.org.

April 28 - May 4

LAW WEEK EVENTS

Noon-1 p.m., The Barrel Room, 2214 Bay St. All attorneys under age 35, or in their first five years of practice, are invited to attend.

Hon. John S. Carlin, Law Week chairperson, would like to personally thank all the attorneys who are volunteering their time to ensure another successful Law Week in Lee County. If there are any activities that you would like to participate in, please contact any of the committee members for assistance.

March 15

April 28

11:45 a.m.-1 p.m., Lee County Justice

10 a.m.-2 p.m., Edison Mall. Contact Ryan O’Halloran at 239-334-7212 or

Young Lawyers Division Monthly Lunch Meeting

Family Law Section Brown Bag Lunch

Law in the Mall

April 30

Law Week Blood Drive

May 3

The Bar and Judiciary Appreciation Reception

4-5 p.m., cocktail hour, 5-7 p.m. reception, Edison Restaurant, 3583 McGregor Blvd. Cost is $20 for Lee County Association for Women Lawyers members and $25 for non-members.

Judges are admitted for free. RSVP to Dawn Jezik at ddj@blslawyers.com.

May 4

Second DCA Oral Arguments and Students’ Q&A with Second District Court Judges 8:30 a.m., courtroom TBA, Lee County Justice Center, 1700 Monroe St.

May 4

Law Week Awards Luncheon

11:30 a.m.-1 p.m., Sidney & Berne Davis Art Center, 2301 First St. Awards include Law Enforcement Officers of the Year for Fort Myers, Cape Coral, Sanibel and Lee County; the Dr. James A. Adams Lee County Teacher of the Year for LawRelated Education; and the Liberty Bell Award. Cost is $25 for LCBA members and $35 for non- members. Judges are admitted for free. RSVP and pay online at www.leebar.org or call 239-334-0047.

May 19

LCBA Foundation Charity Golf Tournament

7:30 a.m. registration, The Plantation Golf & Country Club, 10500 Dartington Drive.

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

Thank You to our Annual Sponsors for 2018

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RES GESTAE | March 2018

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11

Ethically speaking

BY HENRY LEE PAUL, ESQ.

ABA seeks to clarify ‘generally known’ clause

T

he obligation to maintain client confidentiality is based on the duty of loyalty to the client. This obligation endures even after the representation is over, pursuant to the terms of Rule 4-1.9 (Conflict of Interest – Former Client).

Rule 4-1.9(b) prohibits the “use” of information to the disadvantage of a former client unless the information is “generally known.” The term generally known is not defined.

Recently adopted ABA Opinion 479 attempts to clear that up by addressing the meaning of “generally known” in model rule 1.9.

The duty to maintain confidentiality is generally considered to be greater than simply maintaining attorney-client privilege. Additionally, the disclosure of former client information, as opposed to use, may be subject to more stringent restrictions.

The opinion explains that just because a fact may have been mentioned or appeared in a court proceeding or otherwise be in the public record, it is not considered to be generally known. “[I]f information is publicly available but requires specialized knowledge or expertise to locate, it is not generally known … ,” the opinion states.

That information is generally known if “(a) it is widely recognized by members of the public in the relevant geographic area; or (b) it is widely recognized in the former client’s industry, profession, or trade,” according to the opinion.

Any use or disclosure of information obtained during the representation of a former client should be evaluated with great care. The application of Rule 4-1.9 use and disclosure was discussed in Young v. Achenbauch, 136 So.

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RES GESTAE | March 2018

3d 575 (Fla. 2014), wherein the court addressed the “hot potato” rule about conflict analysis, stemming from the unusual circumstance in which a lawyer terminated the representation of one client in order to engage in a more lucrative representation of another. In so doing, the lawyer hoped to avoid the stricter standards of Rule 4-1.7 (Conflict of Interests – Current Client) in the evaluation of the conflict.

The court discussed the duty of client loyalty in the context of conflict analysis and stated that it was not appropriate to “drop one client ‘like a hot potato’ in order to treat it as though it were a former client for the purpose of resolving a conflict of interest dispute.”

It is important to keep in mind the concept of client loyalty in analyzing any type of conflict or potential conflict.

Conduct a thorough analysis of the circumstances as applied to Rule 4-1.9 when you decide whether to accept representation of any new client who has potentially adverse interests related to a former client. See Brent v.

Smathers, 529 So. 2d 1267 (Fla. 3d DCA, 1988).

Use of information learned in the representation of a former client must pass the “generally known” test. Use common sense and keep in mind the admonition of the court in Young v. Achenbauch to avoid a violation of the “hot potato” rule. ⚖ Henry Lee Paul is a former Bar Counsel for the Florida Bar who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters.

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

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March 2018 | RES GESTAE

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CRIMINAL LAW PRACTICE SECTION

BY MARISA BOYSEN, ESQ.

SUCCESSFUL APPROACHES TO PRETRIAL RELEASE PROVIDE MODEL FOR FLORIDA

E

very person arrested in Florida is innocent until proven guilty. So, if a person is presumed innocent, why must they post a bond to get out of jail? Florida’s pretrial release statute 907.041 (3) states the intent of the legislature is to create a presumption in favor of release on non-monetary conditions for any person who is granted pretrial release, unless such person is charged with a dangerous crime as defined in subsection (4). Despite the clear language of the statute, many judges around the state still routinely require defendants to post monetary bonds.

If you are indigent, any monetary bond is often tantamount to no bond because you have no funds to post the bond.

In these cases, poor people remain in jail despite having no history of failing to appear for court and the fact they are not a danger to the community. Staying incarcerated often costs people their jobs, their housing and sometimes their families. An accusation can literally ruin a life.

Bond reform is now a nationwide movement, and effective pretrial service units are a central piece in this paradigm shift. Pretrial service units prepare risk assessment reports on every person accused of a crime before first appearance court. During the screening process, the pretrial officer will determine where the person lives, for how long, whether they are employed, whether they own property, whether they have family ties in the area and whether they qualify for the services of the public defender or can hire private counsel. In states that have earnestly embraced bond reform, data shows that pretrial release is a better method

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RES GESTAE | March 2018

to assure appearance in court. Furthermore, pretrial release allows for alternative conditions to be imposed, such as random drug screening, electronic GPS monitoring, random alcohol monitoring, an alcohol monitoring bracelet (often manufactured by SCRAM), weapons prohibition and prohibition of contact with a victim if need be — all of which provide an added level of protection to the community. Kentucky’s pretrial release statute holds that the court “shall” release the defendant on their own recognizance, or an unsecured bond (pretrial release), if the pretrial officer at first appearance makes a finding that the defendant is low-risk, will appear for court and is not a danger to the community.

It is clear that having someone monitor an accused person until their case is complete is a better way of protecting the community than having that person post a bond.

Hopefully, Florida will catch up to the states that have enacted bond reform and are seeing a much lower level of incarceration as a result. For further information, please visit ncsl.org/research/civil-and-criminal-justice/pretrial-releaseconditions.aspx. ⚖ Marisa Boysen has practiced criminal law for 15 years in Collier and Lee Counties. She currently works for Public Defender Kathy Smith and handles first appearances every weekday in Lee County. She is also a board member for the Lee County Legal Aid Society.

March 2018 | RES GESTAE

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YLD spotlight

BY JOEL HYATT, ESQ.

Bar members pair with young children on literacy project

L

ee County’s young lawyers have once again displayed their ongoing dedication to public service benefiting area children.

Literacy Buddies program. If you are interested in becoming a literacy buddy in the future, please visit the Early Learning Coalition’s website at https://elcofswfl.org for details. ⚖

The LCBA YLD’s 2018 service project is focused on improving childhood literacy in the community by inspiring children to enhance their reading, writing and communication skills. The first portion of this literacy initiative was the YLD’s participation in the Early Learning Coalition of Southwest Florida’s “Literacy Buddies” program.

On January 11, 2018, an email was sent to the LCBA YLD general membership asking for volunteers to participate in the Literacy Buddies Program. That email advised that there were approximately 43 early-learning students who wished to participate in the Literacy Buddies Program but had not yet been paired with a volunteer.

The response was overwhelming. My inbox was instantly flooded with messages from eager young lawyers excited to give back to the community. The volunteers came from across all areas of the Lee County Bar. I am pleased to report that every one of those 43 students has been paired with a volunteer.

Participation in the program has been rewarding. Upon signing up, the volunteers received a letter from their literacy buddy that identified their interests. For some of the younger literacy buddies, the letters were colorful drawings (pictured). The volunteers then purchased a high-quality hardcover book for their literacy buddy that matched their buddy’s interests. The books were hand-delivered or mailed to the student at school, along with a letter introducing the student to their literacy buddy.

This exchange will happen again in March. Through grant funding from the Florida Bar YLD and the fundraising efforts of the LCBA YLD, the young lawyer volunteers will be reimbursed for each book they purchase.

Thank you to all of the volunteers! Your dedication to community service is part of what makes the Lee County Bar Association so special. Also, a very special thank you to Kathy Smith and the Public Defender’s Office, who led the way with six volunteers.

I would also like to thank Brenda Griffin, Early Inclusion Specialist at the Early Learning Coalition of Southwest Florida, for coordinating the LCBA YLD’s participation in the

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RES GESTAE | March 2018

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 Twentieth Judicial Circuit Pro Bono Committee.

Absolute Law Aloia, Roland, Lubell & Morgan, PLLC Arend & Sisk, P.A. Associates and Bruce L. Scheiner, P.A. Avery, Whigham & Winesett, P.A. Bergermann Law Firm Berrette & Zuppke, Attorneys 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 Fort Myers City Attorney’s Office Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg Noone, LLC Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Green, Schoenfeld & Kyle, LLP Grossman Law & Conflict Management Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A. John Webb Legal Group, P.L Knott Ebelini Hart Kuhn Law Firm, PA

Kushner & Kushner LaDonna J. Cody, P.A., Attorney at Law The Law Office of Brantley Oakey The Law Office of Michael M. Raheb, 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 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. 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.

Thinking Social Security Disability?

Think Kushner & Kushner.

www.KushnerAndKushner.com Phone: 239.337.3600 • Fax: 239.337.1428

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March 2018 | RES GESTAE

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legal lens

Downtown & Stilettos Dress for Success SW Florida put several LCBA members on display during their "Downtown & Stilettos" fundraiser Jan. 19 at The Hotel Indigo in downtown Fort Myers. Proceeds help Dress for Success SW Florida in their mission to empower women to acheive economic independence by providing support, professional attire and development tools to thrive in work and in life.

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3 1. Shirlene Barriette, Maria Berrette 2. Lisa Poulin, Savannah Schlosser 3. Tonya Strausser, Hon. Kathy Sturgis, Kathy Smith, Kelly Fayer 4. Eunice Gedeon, Maria Berrette, Shaina Kuppke, Indera Demine, Magistrate Gilberto Perez 5. Leilani Marttinez 6. Christina Harris Schwinn, 7. Shirlene Barriette 8. Nicole Brunswick

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RES GESTAE  | March 2018

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Photos courtesy of Jim Jett Photography

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RES GESTAE  | March 2018

Photos courtesy of Jim Jett Photography

Hon. Jack Lundy, Hon. Robert Branning and Jerry Von Gruben, Esq.

By Chuck Myron

P

eanut butter and jelly. Milk and cookies.

Macaroni and cheese.

Some tastes just go better together. And this year, the Lee County Bar Association is out to prove seafood and barbecue are the perfect complements for each other. This year, the Bench Bar-B-Q and Shrimp Boil, aka the LCBA Surf vs. Turf, is one heaping mouthful of an event taking place from noon to 4 p.m. on March 24 at the Alliance for the Arts.

In a sense, it’s a battle that pits land against sea, and a border war to boot, as Judge Jack Lundy comes in from the Glades and Hendry County Bar Association with his sour orange and lemonlime barbecue rubs to challenge Judge Robert Branning and attorney Jerry von Gruben’s lowcountry shrimp boil.

But the culinary triumvirate isn’t playing up the adversarial aspect, preferring to leave the contentiousness to the courtroom.

“It’s a great chance to kick back and relax a little bit,” Branning says. “You hit pause on everything and take a minute.”

The culinary options on the table ensure no losing decision is possible. Succulent beef and pork barbecue will commingle with shrimp — and maybe even some crawfish, Von Gruben says. The sides — corn, mushrooms, sausage and potatoes — will simmer in the boil with the seafood and Von Gruben’s spice mix — a heavy dose of Louisiana Fish Fry Products Crawfish Shrimp & Crab Boil blend and, in place of salt, a touch of Zatarain’s.

It’s a combination that promises to turn up the temperature.

“Jerry is unafraid of spice,” Branning says. “He will dive right into the deep end of the pool.”

March 2018 | RES GESTAE

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The process begins with a batch that’s relatively mild, Branning says. The second batch will be a little spicier.

“The third batch is where you have the real serious folks who aren’t afraid to hurt and to break out in a sweat when they’re eating,” Branning says. “That’s where Jerry lives. That’s where he likes to dive in.”

The barbecue side won’t hurt for spicy flavor, either.

The citrus rubs are “old-style Florida,” Lundy says while holding a giant, wooden-handled two-pronged fork his father made more than half a century ago.

“It’s not fancy,” he says. “It’s just good.”

The key to delectable, fall-off-the-bone barbecue is preparation, according to Lundy, who compares it to what he sees in his day job.

“Trying a case is as easy as falling off a log if you’ve got it prepared right,” Lundy says.

The LCBA is taking that sentiment to heart as it readies for the event, having secured Millennial Brewing Company as the beverage sponsor. Tiered sponsorships are still available with the following amenities and prices:

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special feature

BY CHUCK MYRON

Giriraj Gobin is a dreamer.

He dreams of going back to school and getting his master’s degree.

He dreams of helping the senior citizens and veterans suffering from psychological distress at the hospital where he works as a counselor.

He dreams of going into business for himself and opening his own clinical psychological practice.

He dreams of marrying Brittney Sahadeo, his girlfriend of the last six years.

He dreams of immigration laws that will make it possible for him to do all of those things. But for the past several months, he and nearly 700,000 others, including Sahadeo, have been stuck in limbo, waiting for lawmakers and the courts to decide the fate of the federal Deferred Action for Childhood Arrivals program, better known as DACA. “I’m just playing the hand that I’m dealt right now and hoping something comes my way, hoping it works out,” Gobin said.

Gobin, a 24-year-old native of Guyana who has been in the U.S. since he was 9, is relatively lucky. His sister

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RES GESTAE | March 2018

is Indera DeMine, an LCBA member who operates the DeMine Immigration Law Firm in downtown Fort Myers. She keeps tabs on the law and the machinations that affect it as the national debate shapes its application and determines its continued existence, and she handles her brother’s paperwork, just as she does for her clients.

“My sister has made the process easier, a lot easier, for me and my parents,” Gobin said. “She’s the one who’s always checking on my case. I really don’t. I really don’t check on that stuff. I try to forget about it. I try to just worry about today, and not tomorrow. At least right now. When I was in college I had to think a lot about it.

It was the only thing I could think about.”

Gobin’s application to enter the DACA program wasn’t formally accepted until about four years ago, roughly two years after the law went into effect in 2012. So when he was studying psychology at Borough of Manhattan Community College and New Jersey City University, he had no work permit and no guarantee he could make a living in the U.S. Photo above: Brittney Sahadeo, Giriraj Gobin, Thomas and Indera DeMine, Shalini and Kishan Gobin with their daughter Kayla Gobin, and Sita and Mohan Gobin

Photos courtesy of Brittney Sahadeo

DACA UNCERTAINTY CASTS SHADOW OVER LCBA MEMBER'S FAMILY

She intends to return to school to His father, who was on a path get a master’s in social work. to citizenship along with his Through it all, she’s held a secret. mother, paid for his tuition and Sahadeo, unlike Gobin, has kept simply urged him to focus on the quiet about her status. This is the possibility that he could be allowed first time she’s ever spoken publicly to earn a living at some point in the about it. future. Gobin’s parents were able “I never let anyone know. I to work, and they did plenty of it, never told my friends that, ‘Oh, with his father working seven days I received DACA, I’m a DACA a week for years at his janitorial recipient,’” she said. “I was kind of supply company. ashamed to let people know I was DACA gave Gobin the chance undocumented.” to work, but with no way to Thus, she didn’t have the network know how long DACA would of supportive friends that Gobin last, employers had reason to be relied upon growing up. He and hesitant. Despite having earned his pals would hang out together his bachelor’s degree this past May, on Friday evenings, but instead Gobin is making not quite $13 an of a night on the town, they’d stay hour — a pittance in the greater in at one of their houses so Gobin New York City area where he lives Giriraj Gobin with his sister, Indera DeMine would be less likely to encounter an — in a job that sees him deal with people suffering from paranoid-schizophrenia and other NYPD officer who might discover his undocumented status during a “stop and frisk” check, Gobin said. profound mental illnesses.

For the last six years, Sahadeo at least knew she had “A lot of people like to say that immigrants come to Gobin, and vice versa. Each of them could have gone this country to steal jobs,” Gobin said. “Am I stealing a down a path to citizenship by marrying someone else, but job that anyone wants?” neither of them wanted to marry for anything but love.

The going is just as tough for the Trinidad-born “I would have felt uncomfortable with it,” Gobin said.

Sahadeo, who describes a nightmarish uncertainty.

“It’s just something I wouldn’t have been able to live “It’s very frustrating, and there is a sense of through just for the sole purpose of getting citizenship hopelessness and despair, because I feel like I’ve worked or a green card, whatever it is.” so hard to be where I am right now,” she said. “… It’s DeMine and Gobin’s older brother married citizens. heartbreaking in a way, to know that I don’t know where So did Sahadeo’s older sister. Some members of her I stand. I could family wondered why Sahadeo rejected the entreaties of be going back to multiple men who were willing to facilitate citizenship a country where I for her, she said. haven’t been for 20 “There was a lot of pressure there,” she said. “It was years.” very frustrating at that time. It was a tough time to go Her parents through.” brought her to the Her family has since warmed to the idea of her U.S. when she was relationship with Gobin. Both of them say they’d already 5, too young to be married, but it would take longer for them to get a understand what green card or become citizens if they had done so. that move meant.

“This immigration system is so backwards in so many She started school ways that people don’t understand,” DeMine said. and eventually It’s an uphill battle DeMine fights every day for her went on to Baruch clients, and given her personal connection to the issue, College, where she work is intimately meaningful to her. earned a bachelor’s “Knowledge is empowering, but I also think with degree in corporate knowledge comes the responsibility to educate others,” communications.

Brittney Sahadeo March 2018 | RES GESTAE

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DeMine said. “That’s something I take really seriously as part of my practice. I’m not only an immigration attorney representing clients, but I’m also an advocate in many ways.”

DeMine pushes for changes in immigration laws and seeks to dispel misinformation locally, pointing clients and fellow attorneys to resources like USCIS.gov, where the U.S. Citizenship and Immigration Services department posts relevant updates on policy changes, and AILA.org, the American Immigration Lawyers Association website.

She also encourages clients to overcome their fears and tell their stories, in the hopes that the more reality is injected into the public discourse, the more public opinion — and ultimately public policy — will reflect that reality.

“That’s the only way that our Congressmen, who are actually voting on these bills, would know what’s going on in their communities,” DeMine said.

“So I encourage people to reach out to their local Congressmen, share their stories, share it in the newspaper, and get the word out so that the issue comes to light.”

Naturally, getting elected officials to listen to a segment of people who can’t vote for them is downright Sisyphean. But DeMine argues others with a vested interest in immigration and DACA — attorneys included — have reason to leverage their influence.

Business owners who employ DACA recipients and colleges that have large numbers of DACA recipients among their student bodies stand to lose financially if those recipients are no longer allowed the chance to contribute or make strides toward citizenship or permanent residency, DeMine said. And if a DACA recipient is working to support children or others in their family who are in the U.S., the loss of the recipient’s ability to work could force more people into social welfare programs at the expense of taxpayers.

“So when you present the issue in such a way, I think any local politician can see that it does affect the economy,” DeMine said.

Gobin’s ultimate dream is to make a positive contribution.

“To be honest, I want to work and I want to make this country better,” Gobin said. “If I could do more for this country — if they had allowed me to enter the Army as a path to citizenship — I would have done that years ago.” ⚖

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legal lens

New champs crowned at Lee County High School Mock Trial Competition Ida Baker High School broke through to capture the team title in this year’s Lee County High School Mock Trial Competition, held Feb. 2 and 3. The team, coached by Patrick R. Hanrahan, went on to take part in the circuit competition Feb. 16-17 won by Charlotte High School, which will represent the 20th Judicial Circuit at the state competition in Orlando.

The mock trials are a simulation of a judicial proceeding of either a civil or criminal case that gives students the opportunity to work with local attorneys and judges and experience the legal process. Teams consist of three student attorneys and three student witnesses. Students must review the problem, prepare their questions and conduct a trial, and each team has to act as both the plaintiff and the defense. They are scored by local judges and attorneys based on their knowledge of the rules of evidence, advocacy skills, critical thinking and poise. LCBA members Shaina Zuppke and Maria Berrette co-chaired this year’s competition along with Tanay Norris and Kristen Stevens from the School District of Lee County.

1

3 2

Hon. Marcy Shaw

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Individual students who delivered outstanding performances at the competition were also awarded scholarship prizes, as follows: Best Defense Attorney ($200): Julia Richardson, Canterbury School Best Plaintiff Attorney ($200): Janeen Banasiak, Fort Myers High School Best Defense Witness ($200): Sabrina Manietta, Ida Baker High School Best Plaintiff Witness ($200): Zachary Kashman, Cape Coral High School Best Opening Argument ($125): Janeen Banasiak, Fort Myers High School Best Closing Argument ($125): Sophia Kukla, Ida Baker High School ⚖ Photos courtesy of Jim Jett Photography

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the dish

BY CHELLE KOSTER WALTON

B

e forewarned, ye guardians of the law: Society is a rule-breaker.

Take the lasagna, for instance. Its name, “Freeform Lasagna,” is your first clue. Bison sausage replaces the more traditional Bolognese sauce; herbed mascarpone stands in for ricotta; and, just for fun, broccoli rabe jumps into the formula.

Like many of the Society dishes we’ve tried, it introduces a flavor and texture surprise with each bite: the licorice of fennel seeds, the bitter bite of the broccoli rabe, the swoony silkiness of the cheese, the elasticity of homemade noodles, and the perfect tang of a thick red sauce.

I dined there recently with a group of 12 foodie friends we’ve dubbed the “Supper Club,” so I was able to sample almost everything that intrigued me on the dinner menu. Our

Photos of Society| March 2018 30 this page REScourtesy GESTAE

exceedingly patient and able server, EJ, gave us a crash course on the new restaurant’s specialties. To my surprise he emphasized the wood-fire grilled steaks — surprising because I know that the executive chef, Todd Erickson, operates two successful vegan-friendly restaurants in Miami.

One nod to vegans at Society, which opened in the Bell Tower Shops in November last year, is that the wood-fired cauliflower steak with parsnip puree and roasted grapes has gotten good reviews. We stuck to seafood and meat, however.

The large, modernly chic, two-room dining area was filled to the brim on a Saturday night, and noise levels were high.

There’s also outdoor seating plus the Treehouse upstairs, an open-air bar with live entertainment. It serves a select menu of bar-food items, most of which come right off the full dinner menu, such as the brilliantly inspired Cuban cigars: These are miniature Cuban sandwiches rolled into spring rolls, deep-fried, and presented in a cigar box with a side of creamy Dijon aioli.

the dish

The menu does not lie when it describes the size of the crab cake: a large, uncharacteristically thick puck of pure crab meat seared to a caramelized crust and served with avocado remoulade, pickled okra, and paper-thin slices of radish.

And these were no ordinary meatballs, but duck meatballs studded with pickled mustard seed, bathing in foie gras butter and a subtle, creamy sour orange emulsion. Rich, yes, but so stunning we wondered how our main dishes could stand up.

Then something magical happened. The Cheesy Monkey Bread appeared, and we knew we were doomed, because we could not stop eating the bowls Dry-aged steak stars full of pull-apart rolls — so light on the Society and so flavorful with their topping menu. of various herbs, seeds and cheese.

Photo courtesy of

Society

At this point -- while others were sampling and exclaiming over their Floribbean sushi roll of jerk spiced coconut shrimp, red pepper, avocado, and yuzu-wasabi marmalade; and the Crackle-Pop roll of spicy tuna, daikon pickle, and shichimi aioli – I took a serious look at the craft cocktail menu.

Photo courtesy of Society Although I loved the names of the Real Housewives of McGregor and the Dregs of Society, I went with the Pillar of Society Gin Fizz. Light on the botanical flavors, the Plymouth gin intermingled oh so pleasantly with blood orange and lemon juices, and thyme-rhubarb fizz, topped with frothy aquafaba. Wow! But, back to the food. Friends raved about the baby kale and fennel salad with burnt honey vinaigrette and the roasted beets and burrata with hazelnuts Dregs of Society — the bar's take on an old-fashioned with rosemary smoke and black walnut bitters.

and sherry-shallot vinaigrette. Several went for a cut of steak, which ranges from New York strip to a bone-in veal steak.

These, of course, are the heavy-lifters pricewise in the $30 range.

Shareable cuts range $50 to $99 and are carved tableside upon request.

My lasagna, on the other hand, weighed in at only $19, as did the rotisserie chicken with corn pudding.

The hard cider-brined pork chop is priced at $27, miso-roasted black cod at $33. Small plates run $10 to $15; sushi rolls $10 to $21.

Photo courtesy of Chelle Koster Walton

In the small plates department, we tasted the jumbo lump crab cake and meatballs, both admissible evidence of Chef Erickson’s rule-bending.

Society’s spicy sushi rolls are as beautiful as they are rule-bending.

Society also serves lunch. On my one daytime visit, the dining areas were quiet and conducive to business gatherings or, in my case, catching up with my son. He enjoyed his fried chicken sandwich with hot honey and an IPA draft from Bury Me Brewing. My grilled cheese tartine was an OMG occasion: an open-faced four-cheese soufflé on a brioche with spicy tomato-carrot bisque that made it to my top-five soup life list.

Vegans will find nice salads and a grain “burger” at lunch, while a grouper melt, lobster BLT, burger with pimento cheese and bacon marmalade, and bison sausage pasta dish uphold Chef Erickson’s reputation for rule-breaking. ⚖

Bell Tower Shops 13499 Bell Tower Drive, Fort Myers 239-334-0900 | societyfortmyers.com Sun - Thu: 11:30 a.m.-10 p.m.

Fri - Sat: 11:30 a.m.-11 p.m.

Chelle Koster Walton has been dining her way around Southwest Florida for more than 30 years.

She writes about food for USA Today 10Best.com and Florida Weekly and was formerly a food editor and restaurant reviewer for Naples Illustrated and Naples News. She lives on Sanibel Island.

February 2018 | RES GESTAE

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LCBA Judges Care

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Begun in 1999, Friends of Foster Children Forever, as it is currently known, focuses most of its efforts on helping children in the dependency system with their educational needs. These children are moved an average of three times while they are in the system, and each move can push the child’s education back as long as six months. Friends of Foster Children Forever created an Academic Mentoring program that pairs children in Collier, Glades and Hendry counties with academic mentors who are committed to following the child wherever they are placed, and to continuing the mentoring relationship on a voluntary basis following case closure. The program has a 94 percent rate of voluntary retention by families after case closure.

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RES GESTAE | March 2018

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lcba members care

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Alvin A. Dubin Alzheimer's Resource Center, board member My 13-year commitment as an Alvin A. Dubin Alzheimer’s Resource Center board member is very personal. My dedication stems from my beloved grandfather, who had Alzheimer’s disease. I witnessed this brilliant Mayo Clinic-trained radiologist — a sweet, gentle and loving man, full of fun and vitality — transform before my very eyes to the point he no longer knew me. I witnessed the impact on his devoted, loving wife, my dear grandmother, who was hospitalized for a bleeding ulcer due to the stress of his care. I witnessed the heartbreak the entire family felt when, out of necessity, he required skilled nursing care, as his needs were beyond our ability to care for him. The tragedy of this illness, and its impact, ripples through generations of loved ones.

The Alvin A. Dubin Resource Center, a local nonprofit organization established in 1995, offers hope, guidance and support to individuals and families as they travel this challenging journey. This United Way partner agency provides a variety of services to help families cope, including monthly support groups, a quarterly newsletter, a safety program and community education and training programs for professionals as well as family caregivers. If you would like more information, please call the center at 239-437-3007. ⚖

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• www.kemptonlogan.com For Scheduling - Please call (239) 470-7190 or email: loganlaw@earthlink.net

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lcba members care

Matthew Roepstorff, Esq.

Children's Advocacy Center, board member The Children’s Advocacy Center and its staff provide uncompromising care and compassion to the abused children of our community and their families. As a former state prosecutor, I saw too many times the damage caused by abuse or neglect in the home and the lasting effects it can have upon innocent children. These services are vital to any community, but government funding and grants can only carry an organization so far. It is incumbent upon community leaders to support the many great organizations like the CAC and to be stakeholders in the wellbeing of their own neighborhoods and communities.

I joined the board of the CAC to have a direct impact in my home community and to put into action the belief that we should all contribute to those who are truly in need. The CAC is extraordinary in serving that mission — stopping abuse, one child at a time. ⚖

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In The news

Keynote speaker Steve Gilliland will present “Hide Your Goat: Strategies to Stay Positive When Negativity Surrounds You” at the annual HR Law & Solutions employment law conference held by Henderson, Franklin, Starnes & Holt, P.A. The conference takes place Tuesday, March 6, at the Sanibel Harbour Marriott Resort & Spa in Fort Myers.

Registration is $50 and includes a continental breakfast, plated lunch, valet parking and seminar materials. To register, visit www.swflemploymentlawblog.com, email Gail Lamarche at gail. lamarche@henlaw.com, or call 239-344-1186.

Laird A. Lile was elected without opposition to a seventh consecutive term on the Board of Governors for The Florida Bar. Lile, a board-certified wills, trusts and estates attorney in Naples, is one of two governors elected by members to represent the 20th Judicial Circuit. Lile’s two-year term concludes in June 2020.

Laird A. Lile, PLLC offers legal counsel on estate- and trust-related matters, including estate planning, estate and trust administration, probate-related litigation and tax matters.

Danielle L. Seitz has been promoted to senior associate at Aloia, Roland, Lubell & Morgan, PLLC. Seitz joined the firm in 2016 and concentrates her practice in family law, handling dissolution of marriage, child support, paternity issues, adoptions, post-judgment modifications and domestic violence injunctions for Lee, Collier and Charlotte counties.

She serves as the committee chair for the Q&A Panel of the Family Law Advisory Group and serves on the board of the Family Resource Center of Southwest Florida. She was recognized as a Super Lawyers “Rising Star” lawyer for 2017.

Pavese Law Firm partner Christina Harris Schwinn spoke about employment matters for Florida businesses during an address at the 2018 Southwest Florida Women’s Business Summit.

She also served as a panelist on immigration and criminal background checks as they relate to employment during the 2018 Staffing Industry Analysts Executive Forum North America conference in Miami.

The Lee County Economic Development Office organized the women’s business summit, which covered topics including salary negotiations, harassment avoidance, ageism and more.

Attorney Luis E. Rivera II of Henderson, Franklin, Starnes & Holt, P.A. has been named an emerging leader in the American Bankruptcy Institute’s (ABI) American Bankruptcy Institute’s “40 Under 40” initiative. The distinction gives Rivera national recognition as one of the country’s top insolvency industry professionals under the age of 40.

Rivera is a Certified Specialist in Business and Consumer Bankruptcy by the American Board of Certification, one of only 12 attorneys in Florida who hold these dual certifications.

Wilbur Charles Smith V was born Jan. 17, Wilbur Smith Attorneys at Law announced. The 6-pound, 12-ounce boy born to Wilbur Smith IV and Piper Smith is the latest in a lineage that began when Wilbur Smith Sr. was born in 1881 in the western Appalachians.

His son was born in 1919 and eventually moved to Fort Myers, where he and wife Mary Alice had Wilbur Smith III in 1945. Wilbur Smith III established the firm and remains dedicated to the community.

See more LCBA members in the news at leebar.org/in-the-news, and remember to send us your news at resgestae@leebar.org.

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In The news

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

Joe Viacava has successfully defended hundreds of criminal cases and is ready to help you and your client.

All lawyers say that they are aggressive, but Mr. Viacava is known as the quintessential aggressive attorney.

“Joe Viacava is a pit bull on cross-examination.” –NBC News Payment Plans • Aggressive and Thorough Investigation Top Quality Trial Performance Free, in-depth, personal initial consultation Referrals Welcome Private parking for clients • State of the art law office

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

2036 McGregor Boulevard • Fort Myers, FL 33901 March 2018 | RES GESTAE

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