Res Gestae - October 2018

OCTOBER 2018

FOR THE PUBLIC GOOD

Local pro bono work making a difference

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

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Contents

features 20 A shining light: Pro

Bono work bonds

Fort Myers family

by Chuck Myron

26 Southern Exposure:

Navigating Florida's

public records

law to shield client information

AD DIRECTORY On the cover: Attorney Mary Snell is commended

by Ethel Wells, pro bono coordinator for Florida Rural Legal Services, and Andrew Banyai, executive director of the Lee County Legal Aid Society and co-chair of the LCBA Pro Bono Committee, for donating her services to a family in need.

Photo courtesy of: Jim Jett Photography

by Michael J. Healy, Esq.

departments 6

Letter from the President

by Dan Endrizal, Esq.

8

Letter from the Executive Director

by Lisa Poulin

20

10 Calendar of Events 12 Ethically Speaking

by Henry Lee Paul, Esq. 14 Practice Section

Tort Litigation

by P.J. Scheiner, Esq.

16 YLD Spotlight

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

Blake Hampton, Esq.

24 Legal Lens

28

Total Quickbooks Solutions

28 In Memoriam

Hon. Lynn Gerald

30 The Dish

Viet Village

32 100 Club

Photo courtesy of Viet Village

25 Advertiser's Spotlight

34 LCBA Judges Spotlight

Hon. Geoffrey H. Gentile

36 LCBA Members Spotlight

Jason Gunter, Esq.

38 In The News 4

RES GESTAE  | October 2018

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All Native Construction 9 Back In Motion IFC Brad Jessen, Edward Jones 19 Business Observer 17 Calvo & Calvo Attorneys at Law 19 CONRIC PR & Marketing 32 CopyIT 37 CopyLady 7 DeMine Immigration Law Firm 17 Denise Kennedy 25 Direct Impressions 37 Donna Tisch 33 Edison National Bank BC First Florida Investigations 36 Fort Myers Court Reporting 37 Garvin Law Firm 28 Henderson, Franklin, Starnes & Holt, P.A. 11 Hotel Indigo 35 Joe Viacava Law IBC Kelleher Firm 15 Law Firm of Scott T. Moorey 35 Law Offices of Dennis L. Webb 17 Leonard P. Reina 29 Leslea Ellis, LLC 11 Livingston Loeffler, P.A. 25 McHale, P.A. 36 Men's Rights Law Firm 13 Merit Court Reporting, Inc. 34 Musca Law Office, Inc. 3 Ringsmuth, Day & O'Halloran, PLLC 29 Robins/Kaplan, LLP 27 Roetzel & Andress 15 Sheldon E. Finman, P.A. 19 Simon Harrison 35 Spivey Law Firm, P.A. 5 Sproat Workplace Investigations 9 The North Law Firm, P.A. 18 Total QuickBooks Solutions 13 Veranda Restaurant 29 Von Ahn & Associates 33 William DeForest Thompson Jr., LLC 24 It is the policy of the Lee County Bar Association to hold meetings only in those facilities that do not discriminate on the basis of race, gender, sexual orientation, national origin, physical or mental disability or religion. The Association will engage in a good-faith interactive process with any employee, prospective employee, member or invitee to determine if a reasonable accommodation is needed and will make reasonable efforts to provide such accommodations. Any requests for accommodation should be directed to the Executive Director of the Lee County Bar Association, David Seitz at info@ leebar.org or admin@leebar.org or (239) 334-0047.

Maximum Referral Fees Paid

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Letter from the president Everybody knows that pro bono work has been a passion of mine for many years, which is why it is the main focus of this issue. What you may not know is that, to me, October means the last month of alligator hunting season.

The American alligator was listed as an endangered species in 1973. The conservation efforts were so successful that the reptile was removed from the endangered species list and limited hunting was started in 1988 here in Florida. The way it works in Florida is that permits for hunting are issued for a week’s worth of hunting time, with a week of makeup if you don’t fill your two CITES tags.

If you’re not familiar with hunting, CITES stands for the Convention on the International Trade of Endangered Species, which is a set of regulations states follow when they issue permits and tags. Each permit gives a hunter two tags, and each tag equals one alligator you can harvest.

Different numbers of permits are issued for each zone across the state, and not all 67 counties here in Florida have alligator hunting. You can go to myfwc.com/ media/2782448/alligator-hunt-units-map.pdf to see what areas are available to hunt and how many permits are available.

The permits are issued by a lottery process, and some years I didn’t get a permit. The hunting has to take place between 5 p.m. and 10 a.m. each night. You can’t use guns, so you use harpoons or crossbows to draw the reptile close so you can dispatch it with a bang stick.

Everybody I’ve taken hunting has enjoyed it. I have attached a picture of me and Richard Gardner with a gator we got in Lake Trafford.

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

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RES GESTAE | October 2018

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. Annual 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 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.

CopyLady takes community service seriously.

Our founder, Cynthia Duff, donates her time to frequent charitable endeavors across Lee County. CopyLady commends LCBA attorneys for the pro bono work that they do.

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President, Cynthia Duff, President

Cynthia Duff

Letter from the executive director October is here!

It’s finally time to say goodbye to the rainy afternoons and welcome the cooler temperatures for our fall events.

Before I mention our upcoming events, I want to thank everyone who came to our September 21 Practice Section Membership Luncheon. I look forward to having many more great events like that. I also want to give a special thank you to our practice section chairs for all your hard work. We appreciate everything you do for the LCBA and our members.

We’re also very excited because October is pro bono month! Florida Rural Legal Services and the Lee County Bar will be coming together again for our Pro Bono Awards Luncheon to honor attorneys who have provided free legal assistance. The ceremony will be held in the beautiful gallery of the Sidney and Berne Davis Art Center on October 19, starting at 11:45 a.m. Please join us.

We will also have our Guardian ad Litem Seminar in the month of October. It will be held on October 25 from 10 a.m. to 4 p.m. at the Lee County Justice Center in Courtroom 4B. LCBA members can attend for free, and lunch is also on the house. There will be great speakers and a panel discussing the ins and outs of being a Guardian ad Litem. CLE credit application is pending.

As we turn the corner into November, don’t forget to attend our Bench Bar Gala! This is one of my favorite LCBA gatherings. I can’t wait to see everyone looking so fabulous and enjoying the night. If you haven’t purchased your ticket yet, please do so! You don’t want to miss out.

As we start getting closer to the end of 2018, I would like to hear your feedback. My job as executive director is to serve our members and make sure needs are met. Please email or call me with any comments or suggestions. I would love to hear from you.

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

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RES GESTAE | October 2018

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. P.J. Scheiner, Esq. Michael J. Healy, Esq. Steve Nemazie Chelle Koster Walton Hon. Geoff Gentile Jason Gunter, Esq.

CONTRIBUTING PHOTOGRAPHERS

Jim Jett Photography Michaela Steakley, Michaela Meets World 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.

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October 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!

October 5

Young Lawyers Division Monthly Lunch Meeting

Noon-1 p.m., Location TBA. All attorneys under age 35 or in their first five years of practice are invited to attend.

October 12

Real Property, Probate and Trust Law Meeting

Noon-1 p.m., Courtroom 5G, Lee County Justice Center, 1700 Monroe St. Lunch and one CLE credit are provided.

The meeting will cover the 2018 Trust and Estate Legislative Update.

October 18

Family Law Section Brown Bag Lunch

11:45 a.m.-1 p.m., Courtroom 5C, Lee County Justice Center, 1700 Monroe St. For more information and registration, please visit leebar.org/events/calendar.

October 19

Pro Bono Awards Luncheon

11:45 a.m.-1 p.m., Sidney & Berne Davis Art Center, 2301 First St. Presented by Florida Rural Legal Services. Cost is $25 for members, $35 for members, free for judges.

October 25

Guardian ad Litem Seminar

10 a.m.-4 p.m., Courtroom 4B, Lee County Justice Center, 1700 Monroe St. Anastasia Garcia, Esq. and Ellen Silvers, Esq. will be the guest speakers and share the knowledge they gained from serving as guardians ad litem on Florida’s East Coast. A CLE will cover what to do once appointed as a guardian ad litem and what to expect in the guardian’s report.

The event is free for LCBA members

and judges and $25 for non-members.

Visit leebar.org to register. Call LCBA Executive Director Lisa Poulin at 334-0047 for more details.

October 25

Land Use and Governmental Law Meeting Noon-1 p.m., First Floor Conference Room, Lee County Department of Community Development headquarters, 1500 Monroe St.

October 27

LCBA Foundation Wine Tasting 7 p.m., St. Charles Yacht Club, 15900 St. Charles Harbour Blvd. A special guest who was close to Robert Rauschenberg will talk about his time with the artist and auction off a Rauschenberg painting, with a portion of the proceeds going to the LCBA Foundation.

The event is sponsored by Henderson, Franklin, Starnes & Holt, P.A. and the Pavese Law Firm. Additional “Vine”level sponsorships are available.

Ticket cost is $75 for those who register on or before Oct. 15 and $85 thereafter. Visit leebar.org for registration and sponsorship information.

October 31

Alternative Dispute Resolution Practice Section Meeting

Noon-1 p.m., Hearing Room 4O, Lee County Justice Center, 1700 Monroe St.

November 2

Young Lawyers Division Monthly Lunch Meeting

Noon-1 p.m., Location TBA. All attorneys under age 35 or in their first five years of practice are invited to attend.

November 7

General Civil and Business Litigation Meeting

Noon-1 p.m., Courtroom 5E, Lee County Justice Center, 1700 Monroe St.

November 8

Criminal Law Practice Section Lunch Meeting

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

November 9

Real Property, Probate and Trust Law Meeting

Noon-1 p.m., Courtroom 5G, Lee County Justice Center, 1700 Monroe St. Lunch and one CLE credit are provided.

Guest speaker Michael Sneering of Porter Wright Morris & Arthur LLP will discuss the use of out of state and international entities/trust for Florida residents.

November 9

29TH Annual Bench Bar Gala

6 p.m.-10 p.m., Sidney & Berne Davis Art Center, 2301 First St. The cost is $115 per attendee. The cost is waived for judges. Judiciary guests are $95. The black-tie event will feature a surf and turf dinner, a silent auction benefiting the LCBA Foundation and more. Visit leebar.org for more information.

November 12 - Veterans Day LCBA Office and courts are closed

November 15

Family Law Section Brown Bag Lunch

11:45 a.m.-1 p.m., Courtroom 5C, Lee County Justice Center, 1700 Monroe St. For more information and registration, please visit leebar.org/events/calendar.

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 | October 2018

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Ethically speaking

BY HENRY LEE PAUL, ESQ.

HEDGING YOUR BETS: LITIGATION COST INSURANCE OK’D FOR ATTORNEYS, CLIENTS

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or lawyers who are willing to take-on the high-risk practice of plaintiff’s contingent litigation, the risks can now be insured. With the intent to help level the playing field between well-funded defendants and plaintiffs with a claim but without deep pockets, The Florida Bar Board of Governors has approved litigation cost insurance.

The protection is offered by Level Insurance, which states it is available to “Attorneys and plaintiffs who are financing the litigation. Attorneys who represent clients on a contingency fee basis can purchase Litigation Cost Protection on a case-by-case basis. Likewise, plaintiffs who have retained an attorney pursuant to an hourly or other fee arrangement and are paying litigation costs themselves can directly purchase Litigation Cost Protection. Litigation Cost Protection is not available to defendants.”

The available coverage amount ranges from as low as $3,500 to a maximum of $250,000. The premium is 7 percent of the coverage amount. The Florida Bar has approved the payment of premiums by clients, which may be deducted from a recovery, provided the attorney adheres to strict disclosure requirements and obtains informed consent in writing from the client.

Coverage includes typical litigation expenses, such as expert costs, deposition transcripts, travel costs (hotels, airfare and ancillary travel expenses), filing fees, trial exhibits, mediator expenses, copies, e-discovery and all other costs spent directly on the case. However, reimbursement is only available if the case goes to trial and there is a verdict in favor of the defense. If any recovery is made, no matter how minimal, the policy will not make any reimbursement.

Litigation cost protection is a far less costly hedge against the risks of litigation than advanced funding plans that have been used by many plaintiffs in personal injury cases.

Advanced funding is discussed in Florida Ethics Opinion 003. However, in cases of advanced funding or litigation

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RES GESTAE | October 2018

cost protection, there are limitations and extensive disclosures are required to be made to the client.

A five-page Staff Opinion (No. 37289) was issued by The Florida Bar, fully addressing the issues of concern, including a potential conflict of interest between the lawyer and the client. The Opinion stated that, “Moreover, the potential conflicts exist regardless of whether the lawyer pays the litigation cost protection insurance premium as a matter of general overhead or whether the client reimburses the premium expense out of recovery proceeds.”

The Opinion outlined necessary disclosures requiring that lawyers explain the low likelihood of recovery, advise the client to seek independent counsel, and explain that other lawyers may fund all litigation costs without the client paying for the insurance. Anyone considering litigation cost protection should review the Staff Opinion in detail.

Of particular interest to plaintiff’s lawyers who litigate against insurance companies is the irony one commentator observed: An insurance company will now profit by insuring against a well-funded defense paid for by an insurance company. ⚖

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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tort litigation

BY P.J. SCHEINER, ESQ.

BIAS DISCOVERY IN TORT LITIGATION

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awyers are bound by cornerstone cases establishing elemental principles familiar to all practitioners in particular fields of law. In tort litigation, three such seminal cases are the Florida Supreme Court’s Elkins v. Syken opinion, Allstate v. Boecher, and its more recent decision in Worley v. Cent. Fla. YMCA. These cases establish bias discovery guideposts grounded in lawyers’ polestar obligations to zealously advocate for, and protect, our clients. Because of the persuasive impact of bias discovery on the trier of fact, practitioners on both sides of the aisle have sought to expand the scope of bias discovery beyond the bounds prescribed by the precedent of our state’s highest court.

Although the temptation of scorched-earth bias discovery is great, both our clients and our profession are better served by the resolution of disputes on the merits.

The Elkins court recognized that bias discovery equally affects both plaintiffs and defendants. In Elkins, the plaintiff sought extensive personal financial information from defense medical experts concerning their involvement as experts in prior litigation, including tax records and patient information from unrelated litigation.

The court found that such overreaching discovery does damage to our justice system. It chills parties’ ability to engage qualified testifying experts, is unduly expansive, and invades personal privacy. Elkins reminds us that our system’s fundamental tenet is “a balanced search for the truth to ensure a fair trial,” focusing primarily on core substantive issues of liability and damages. The Elkins decision was subsequently codified in Rule 1.280 of the Florida Rules of Civil Procedure, shielding retained litigation experts from the discovery of business or financial records except under the most unusual or compelling circumstances, and without annoyance, embarrassment or undue expense.

The Florida Supreme Court in Boecher clarified the commonsense principle that, unlike the protections afforded to expert witnesses, a party to the litigation is not shielded from the discovery of that individual party’s relationship with retained experts testifying on behalf of that party in the litigation.

Some lower courts have applied the rationale of Boecher to

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RES GESTAE | October 2018

bias discovery directed toward the relationship of a party’s attorney to a testifying expert. The Supreme Court in Worley, however, clarified that the relationship between an attorney and an expert (transcending the representation of a single client) involves duties and confidentialities inherent in the representation of clients that are simply neither present in, nor analogous to, the relationship between a party litigant and his or her retained expert.

These cases attempt to strike a fine balance between litigants’ rights to broad bias discovery and the protection of expert witnesses from invasive and unduly burdensome discovery. The cases endeavor to curtail the distortion of litigation away from the merits of disputes toward an everescalating war of salacious contentions of bias. These cases also reinforce core privacy protections afforded to attorneys who are charged with representing clients such that the representation of one client does not materially prejudice the representation of another client.

Yet the issue continues to vex counsel, with counsel on both sides often pushing past foundational limits of bias discovery, seeking expansive, privilege or irrelevant information, invading matters that are sensitive, private and protected.

Such requests intrude on the attorney-client and workproduct privileges, appearing often to seek information more about the business practices of opposing counsel than to elicit information useful to resolution of true issues in dispute. While unusual or compelling circumstances may justify extraordinary discovery to combat a collusive perversion of science or medicine by either side, this should be the exception rather than the rule. As officers of the court, we are obligated to practice within lawful discovery boundaries. In doing so, we benefit our clients, our practices and our vaunted system of justice. ⚖ Preston J. (P.J.) Scheiner has served as a trial attorney for Associates and Bruce L. Scheiner, Attorneys for the Injured since 2007. He speaks at seminars across the country on best practices in personal injury case litigation and was one of 24 lawyers in the U.S. named to the prestigious Multi-Million Dollar Advocates Forum listing of the Top Trial Lawyers of America.

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October 2018 | RES GESTAE

15

YLD spotlight

BY JOEL W. HYATT, ESQ.

Looking back and looking forward

C

an you believe it is already October? As the old saying goes, “time flies when you’re having fun.” It has been a busy year for the Lee County Bar Association Young Lawyers Division. Highlights so far include our successful literacy initiative, wonderful guest speakers and a recordbreaking “Holidays in July.”

Through our literacy initiative, the YLD rallied together to purchase over 100 books for disadvantaged area children. Our monthly guest speakers have included Magistrate Carolyn Swift, who spoke to the YLD regarding ethics, the Hon. Judge Archie Hayward, who addressed the importance of pro bono work, and Attorney Jeff Rice, who spoke to us regarding his ongoing career as an NFL umpire.

This year’s “Holidays in July” was record breaking in scope. The YLD has held a “Holidays in July” event annually for more than a decade.

Each year, the YLD partners with the Children’s Network of Southwest Florida to purchase gifts for children in the foster care system. This year, the children were treated to a fun morning at Sky Zone bouncing on trampolines, followed by gifts from Santa (Attorney Spencer Cordell). Through fundraising and grants from The Florida Bar Young Lawyers Division, the LCBA YLD purchased more than 180 gifts for 61 foster children! Thank you to everyone who was involved.

With 2018 quickly coming to a close, the YLD has been hard at work filling our calendar with activities for young lawyers.

At our September membership meeting (pictured), the young lawyers were hard at work preparing for elections, and for two upcoming events: “A Day at the Courthouse,” and a health and wellness cooking class.

“A Day at the Courthouse” is a can’t-miss event for young lawyers and law students. Each year, the LCBA YLD takes young lawyers on a tour of the Lee County Justice Center. This year’s

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RES GESTAE | October 2018

Photo left: Tiffany Pereira, Dawn Maselli, Shirlarian Williams, Nicole Brunswick, Leilani Martinez. Photo above: top row — Joel Hyatt, Tiffany Pereira, Lisa Poulin, Spencer Cordell as Santa, John Webb, Nicole Brunswick, Shirlarian Williams. Bottom row — Bonny Wolbach, Leilani Martinez and Sherrie Page. event features a presentation from the Hon. Judge Alane Laboda focusing on best practices for young lawyers. Next up is a tour of the Lee County Clerk’s office by its general counsel, Michael Healy. Finally, attendees will be treated to a tour of the on-site jail.

As part of The Florida Bar’s health and wellness initiative, the LCBA YLD is offering young lawyers the opportunity to attend a hands-on healthy cooking class at Get U Cooking. This event will be held in early November.

Finally, congratulations to our new vice president/presidentelect, Nicole Brunswick. Nicole is a family law attorney with Simmons Law Firm, P.A. Nicole will serve as vice president for the remainder of 2018 and as LCBA YLD president in 2019. The entire YLD is thrilled to have Nicole serve in this position, and we are looking forward to a great year with Nicole as president in 2019! ⚖ 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

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BY STEVE NEMAZIE, COO, DR. PIPER CENTER FOR SOCIAL SERVICES INC.

lake Hampton is one of our newest board members for the Dr. Piper Center for Social Services Inc., a United Way partner agency.

An attorney concentrating in elder law, Blake is a special asset to our Board of Directors. During one of his first meetings, he offered to be the Board Secretary, and by the next meeting, he was active on several committees.

One of Blake’s passions has been marketing and getting the word out about the center. His efforts paved the way for the center to have a fulltime marketing employee who promotes awareness of the center and its mission. The center seeks to enhance the social and economic well-being of Southwest Florida residents age 55 and up and make a positive impact on the lives of the frail elderly, at-risk youth, special needs children and our communities. Blake understands the need in the community through his work, and he is dedicated about making sure everyone else hears the call for help.

Another of Blake’s initiatives was to raise the number of center volunteers by continually talking about our center at speaking engagements, community meetings, marketing meetings and with clients. The efforts of Blake and others have led to an increase in the number of volunteers, but we still need the help of more caring folks determined to make a difference.

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RES GESTAE | October 2018

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October 2018 | RES GESTAE

19

A shining light:

Pro Bono work bonds Fort Myers

family

Guardianship case demonstrates need facing many

By Chuck Myron Photos by Michaela Steakley

We make a living by what we get, but we make a life by what we give.

~ Winston Churchill

20

RES GESTAE  | October 2018

Back row: Sunshine Lawson, Patrick Colt.

Front row: Attorney Mary Snell, Harper Dempsey, Hayden Ruth October 2018 | RES GESTAE

21

One week of medicine left.

challenges lawyers to give a minimum of 20 hours of pro bono work or at least $350 to a legal aid organization.

That was all 14-year-old Hayden Ruth had left in Snell has given money some years, she said, but September as his great aunt, Sunshine Lawson, continued most of the time, she’s done the work. Her 2015 LCBA her fight to secure guardianship of Hayden and his Outstanding Pro Bono Service Award is testament to that. brother, 17-year-old Patrick Colt. Lawson had legal Soon, others will join her in the pantheon of pro bono guardianship of the boys in New Hampshire, but after she award winners. This year’s honors will be handed out on moved to Fort Myers in February 2017, she discovered Friday, Oct. 19 at the Pro Bono Awards Luncheon from that the guardianship couldn’t move with her.

11:45 a.m.-1 p.m. at the Sidney & Berne Davis Art Center.

Without a legal guardian for Hayden, therapists The ceremony will include two partnership awards and psychiatrists have refused to see him, and and special recognition of a pro bono advocate in the his pediatrician won’t write a prescription for the judiciary, said Ethel Wells, pro bono coordinator for medicine he takes to control his ADHD and other Florida Rural Legal Services. Every local attorney who disorders that make it hard for him to sleep and has done pro bono work since January will receive a free concentrate in school, Lawson said. lunch and a special appreciation gift.

Lawson wanted to file for guardianship in Florida, It will be a celebration of attorneys who have given of but she was told she’d need a lawyer to step her their time and professional expertise, but it will also be through the process. That wasn’t going to be easy, a time to reckon with a sobering trend. The number of either. hours that licensed Florida attorneys said they’d spent “I can’t afford a lawyer,” Lawson said. “I’m a single on pro bono work shrunk from 1,881,396 in 2013-14 parent. I have the two boys, and I have my granddaughter, to 1,576,412 in 2016-17, the latest reporting period for and there was just no way I could afford it.” which numbers are publicly available from The Florida Enter Florida Rural Legal Services and Pavese Law Firm Bar Department of Public Information and Bar Services.

Attorney Mary Snell. She took on Lawson’s guardianship In that same time, the amount of money going to legal case pro bono in late June, and by mid-September, she aid organizations went up, from $4,891,433 to $5,569,575. was racing to clear the last hurdles.

Simply put, more attorneys are writing the check, and A background check and credit check needed to be fewer are doing the work. presented to the court. Lawson had an appointment to “The problem with pro bono work is it’s hard to get get fingerprinting done as part of the background check these lawyers to do it,” LCBA President Dan Endrizal said.

— at a $75 cost. Florida Rural Legal Services is picking up “Part of it comes down to, they’re lawyers and they think the tab for that, as well as the background check, credit they’re smarter and better than everybody.” check, and any filing fees. Snell is waiving the attorney’s That attitude is a clear source of frustration for Endrizal, fees, which would have cost Lawson between $1,500 and who’s won pro bono awards from the LCBA as well as $2,000 for each boy.

The Florida Bar. He prides himself on providing access “I’m very fortunate that I was raised in a household to legal services to those who can’t make it into his office, where we were maybe traveling to their homes not wealthy, but certainly and to hospice. not underprivileged.

“I go where I am And I had parents who needed,” Endrizal said. encouraged myself and Andrew Banyai, my siblings to give back,” executive director of Snell said. the Lee County Legal Pro bono work is her Aid Society and LCBA way of carrying out the Pro Bono Committee lessons of generosity co-chair, is also critical she learned from her of the lack of pro bono parents. She embraces the work among many in aspirational requirements the legal community. He The Florida Bar sets forth believes most attorneys in Rule 4-6.1(d), which understand the moral Photo above: Attorney Mary Snell and Sunshine Lawson

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RES GESTAE | October 2018

happening to this imperative but have child,’ and I’m a lost sight of​why it’s in relative and I want their interest to reach guardianship,’” Lawson out. said. “Of course, they “Lawyers have one of check through DCYF the worst professional (the New Hampshire reputations of any Division for Children, profession, and Youth and Families) everybody knows it,” and everything to see Banyai said. “And one that you’re clean, but of the reasons that we no fingerprinting, have that reputation no credit check, no is we are seen as background check, people who only care none of that.” about money, who Lawson wound up do not care about our with the boys amid community, who do a haunting web of not care about people. addiction and tragedy “That is the in her family. The caricature. That is boys’ mother was not correct, but the hooked on heroin and community will not alcohol, Lawson said, know that unless we and Lawson’s mother, show them by example who had been caring that we are not the for Patrick, died of caricature that society a stroke. Lawson would paint us as.” said her 24-year-old Attorneys also benefit daughter, who has a from a more efficient, 4-year-old daughter of smoothly running Top row: Hayden Ruth and Patrick Colt. Bottom row: Harper Dempsey and Sunshine her own, is currently in court system, Banyai Lawson. detox for the 14th time said, adding that judges have taken note of progress on that front since the and has flirted with death.

Legal Aid Society began partnering with the Lee County “She’s died three times and come back,” Lawson said.

Clerk of Courts. A Legal Aid attorney is available for “The day that we had Irma, the paramedics brought her free consultations of up to 15 minutes on Tuesdays from back.”

1-4:30 p.m. at the clerk’s new Self-Help Center in the Lee Lawson is now looking after the 4-year-old, named County Justice Center.

Harper Dempsey, and she said she’s close to pursuing The demand for those services in the months since guardianship of her as well. That means Lawson could they began has been “overwhelming,” Banyai said. Those soon be in need of assistance again. For now, she’s doing brief sessions don’t solve every problem for the people her best to care for Harper, Hayden and Patrick, and she who come looking for help, but they do impart a better hopes her story will inspire other attorneys to follow in understanding of how to navigate the legal system. That’s Snell’s footsteps. the key for judges.

“There are people out there like me who really, really “They see their dockets being streamlined with every need the help,” Lawson said. “The lawyers who do this are person that we help,” Banyai said. wonderful. I’m grateful for it. I really am. Hopefully there Lawson was among the many unfamiliar with the rules are more lawyers out there who will pitch in and help out when she first pursued guardianship in Florida. The families like us.” ⚖ process is much simpler in New Hampshire, she said.

“You just go to the courts and you say, ‘This is what’s October 2018 | RES GESTAE

23

legal lens

LCAWL Kickoff Happy Hour The Lee County Association for Women’s Lawyers began its season of events with several LCBA members in attendance on August 24 at the Barrel Room in downtown Fort Myers. The evening included lots of networking, food, drink, a raffle and prizes, including the gift basket Kayla Richmond is holding in Photo 3.

1

1 - Elizete Velado and Lesley Carvalho 2 - Kayla Richmond, Tom Chase, Tiffany Pereira 3 - Kayla Richmond 4 - Front row: Daniella Sterns, Stephanie Bendeck, Isabel Barroso, Kayla Richmond.

Back row: Tiffany Pereira, Andrea Smith, Alexis Barkis

3

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RES GESTAE  | October 2018

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makes me passionate about what I do.”

In her firm, Kane helps over 150 clients in just about every conceivable industry to manage their payables, debits, and credits in an organized, easy-to-use framework that empowers business owners to make informed decisions.

“It provides them with the financial information and the structure that they need to have a successful business,” she said.

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SPECIAL FEATURE

BY MICHAEL J. HEALY, ESQ.

SOUTHERN EXPOSURE: Navigating Florida’s public records law to shield client information

I

magine a client asks for your representation on a sensitive matter. It could be a family law matter, a probate issue, a criminal case, or just a civil case that involves sensitive medical information.

Would you know what information is confidential under Florida Law? Would you know what documents will be publicly available online after you file them with the court? Would you know how confidentiality varies among different case types? And would you know the steps to ensure your client’s confidential information is protected?

A simple form can resolve much of that uncertainty.

It’s called the Notice of Confidential Information. And to truly understand its importance, you have to go all the way back to the beginning.

Florida’s Public Records Law was first enacted in 19091, well before anyone ever contemplated the internet. For decades, obtaining copies of court filings required some communication with the clerk, whether it was coming to the courthouse or corresponding via mail. Florida’s rules ensure that, with few exceptions, the information that governmental agencies possess is visible to the public.

As the ease of access to records has evolved, both the legislature and judiciary have enacted numerous exceptions to the broad public disclosure mandates.

This approach, which involves two separate branches of government carving out insular exceptions to a presumption of disclosure, has resulted in a set of rules 1 Fla. Stat. Ch. 119.

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RES GESTAE | October 2018

that some lawyers may find confusing2.

However, there are some measures lawyers can undertake to ensure their client’s confidential information consistently receives the maximum amount of protection permitted by Florida Law. The first step is found in Florida Rule of Judicial Administration 2.425, which directs lawyers to minimize the filing of confidential information. This is within the sole control of the attorney filing the document.

Social Security numbers, bank account numbers and credit card account numbers can all be fully redacted.

Other sensitive information can be held back before the document is placed into the control of the judicial system.

The best way to avoid information being accidentally disclosed in the public record is to make sure it never leaves your office.

The second line of defense is to use a Notice of Confidential Information, the form provided with Fla. R. Jud. Admin. 2.420. This allows the attorney filing it to indicate to the Clerk of Court that certain information contained within a filing is confidential and exempt from public disclosure. All you need to do is explain which information is confidential and note the location of that information within the document.

The judiciary is not obligated to accept that the information is indeed confidential, but you’re entitled to 2 For a detailed explanation of the different levels of online access that exist for lawyers and non-lawyers for different case types, see the Florida Supreme Court’s Access Security Matrix.

receive notice if anyone challenges your classification of the information as confidential. You’ll also be entitled to a hearing, and you will be able to argue to the court why the information should be exempt from public disclosure.

Without the Notice of Confidential Information, you’re relying on the clerk to act on their own to redact information that they may or may not know is confidential. The clerk’s office trains its employees well, but some confidential information is contextual.

A clerk may not know that a name contained in a transcript is the name of a minor or that an address contained in a filing is the address of a law enforcement officer. The clerk is left to infer what is confidential and what isn’t. The Lee County Clerk of the Court receives over 2 million pages of documents for filing each year, and the clerks rely upon the Notices of Confidential Information to save time and prevent inadvertent disclosure.

The responsibility to protect confidential and exempt information lies with the clerks of court, by Florida Supreme Court mandate3. This protection is a duty that

the clerk’s office takes very seriously.

We use automatic redaction software to flag account numbers and Social Security numbers, and we train our employees on the myriad disclosure exemptions that exist in the Florida Rules of Judicial Administration and Florida Statutes. The Lee County Clerk of Court errs on the side of redaction in all instances where a judgment call is required.

However, there are some challenges that prevent our clerks from being able to identify and redact all confidential information with 100 percent accuracy. That is why clerks rely upon attorneys to file the Notice of Confidential Information4 to minimize what is contained within filings5 and ensure there is no inadvertent public disclosure. ⚖ 4 Fla. R. Jud. Admin. 2.420 5 Fla. R. Jud. Admin. 2.425 Michael J. Healy is the General Counsel for The Lee County Clerk of Court and Comptroller. Prior to joining the clerk’s office, Healy was a civil litigation attorney practicing in Monroe County.

3 Fla. R. Jud. Admin. 2.051, Fla. Stat. 119.021, 119.07.

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October 2018 | RES GESTAE

27

In Memoriam HONORABLE LYNN GERALD

The Hon. Lynn Gerald Jr. had big shoes to fill, and he filled them.

The son of the Hon. Lynn Gerald Sr., for whom the law library in the Lee County Justice Center was named, followed his father to the 20th Judicial Circuit bench.

And, like his father, he made an indelible impression.

“I liked him from the day I met him to the day he died,” attorney Jay Brett said.

“He was just a first-class person, and if he said something was so, you did not have to look behind it.”

Gerald passed away August 29 at the age of 77 after a long battle with Parkinson’s Disease. He served from 1989-2011 on the circuit bench as the administrative judge for both Hendry and Glades counties and the administrative judge for the Civil Division in Fort Myers.

In Hendry County, he took over a docket plagued by backlogs and quickly streamlined it, said Stephen Hooper, who was Gerald’s counsel as an attorney for the circuit judiciary.

“It wasn’t long before things were moving right along in Hendry County,” Hooper said.

Hooper imparted that story and others during a memorial service that drew about 75 people to the late judge’s Alva home in early September. Brett was among the attendees and remembers Gerald as a quintessential keeper of justice.

“He was the kind of judge that considered your matter with great introspection and made every human attempt to give you a correct ruling, without bias,” Brett said. “And that’s what we all want for our judges, let’s face it.” ⚖

Thank yy...

FOR CONTINUING TO TRUST US WITH

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RES GESTAE | October 2018

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October 2018 | RES GESTAE

29

the dish

Stock Photo

BY CHELLE KOSTER WALTON

For Asian this Fresh, It Takes Viet Village

H

aving grown up with a definition of “Oriental food” as something that came out of a La Choy® can, my experience with Viet Village opened up a gate to the persistent freshness and diversity of Asian cuisine. Sure, I’ve ventured into sushi and Thai as they took their turns as the latest trends. And I have tried Vietnamese a time or two, since that now has risen to the forefront. But Viet Village has ultimately raised my expectations, and I will never look back.

Opened in April 2018 in Island Park, it took an old Pizza Hut and transported it to the Pacific Rim with plant beds of bamboo, wood-tile floors, red brick, and a rim of blue light shimmering from the crown molding overhead.

Simple, artistic touches suggest the culture – wooden musical instruments, clay sculpture, and Vietnamese words inscribed on bamboo scrolls. Tasteful.

The restaurant serves lunch and dinner to accommodate both business meetings and entertaining. Alcoholic beverages are limited to Canyon Road house wine ($7), three selections each of white and red wines from California to South Africa ($9-$12 by the glass,

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RES GESTAE | October 2018

$30-$35 by the bottle), Coors, and a handful of Asian beers, such as the crisp Japanese Kirin Ichiban ($6.50) we sampled.

Other beverages ($3-$4.50) include hot or cold Vietnamese coffee, Thai iced tea, sweet aloe vera juice, fresh rum lemonade, Vietnamese soy milk, and young coconut, plus American sodas.

As I mentioned, my experience with Viet cuisine has been somewhat limited, so although the menu lists familiar Asian concepts such as curry, pad Thai and stir fry, every listing felt like an adventure and a dare.

Take for instance the Vietnamese Papaya Salad ($8.50) we started with.

That was the sum total of description, other than the choice of beef or tofu offered. I love papaya, so why not? We were a bit mystified upon its arrival. Where was said papaya? Perhaps in the lovely vinaigrette that dressed what appeared to be slivers of some sort of bulb vegetable and carrot?

The Viet-wise among you are snickering, I hear you, but it took some explaining from our server to understand this was green papaya.

Shreds of marinated, jerky-like beef, green onions and basil decorated this wonder with its orchestra of flavors and crisp brightness.

Other starters run in the $5 range from the familiar to the exotic: egg rolls, lotus root salad with shrimp and pork, fried fish ball, butterfly shrimp, beef, meatball soup, and wonton soup.

More soup dishes populate the entrée menu. There’s of course the requisite pho with rice noodles and beef bone broth. It came with a side of fresh bean sprouts, thick planks of jalapeno slices, basil leaves, and a wedge of lime. We had chosen the “rare beef” option ($12.50) from among choices such

as mock duck, meatball, chicken and seafood ($13.50). Beef, yes. Rare? Not so much.

Onions and scallions flavored the subtle broth seasoned with a blend tasting similar to five-spice powder.

Adding (without ingesting) the jalapeno slices, shreds of basil, and bean sprouts brightened the flavors just right. Each table at Viet Village holds a trio of small pots containing sauces – soy, a hot sriracha-like potion, and a sweet hoisin-esque condiment.

But the pho did not require anything more than that which had stewed for days and that other with just-picked spark.

I did use the chili sauce to doctor my Rice Clay Pot, not because it lacked flavor, but because I’m a heat

junkie. Take my advice on this one: When it arrives in its rustic clay pot and a cloud of steam, stir it. Stir it down to the bottom, where you will discover possibly the best part: a caramelized, scorched, crispy crust of bottom rice that came closest to the heat source. I discovered this late in the game, feeding from the top layers of pork, dimes of sweet and mild Chinese sausage, mushrooms, and bamboo shoots. The hearty signature dish costs only $14 with meat, chicken, shrimp, tofu, or mock duck; $15 for the special combo -- all slow-cooked in a complex, sweet-savory seafood sauce.

My former forays with Viet vittles had demonstrated the historic relationship between Vietnam and France. At Viet Village, I detected less of the Franco influence, more true Asian. Dishes such as the congee entrée soup ($12.50), described as rice porridge; fried salted sautéed shrimp and scallops ($18); honey walnut shrimp ($18); crispy prawns in tamarind sauce ($18); Vietnamese Shaking Beef ($14); Smoked BBQ Pork Chops ($13); and Grilled BBQ Lemongrass Chicken ($13) intrigued and fascinated me. Luckily, at those prices, I can afford to try more.

From the two dessert choices ($5.50), we chose Hawaiian Fried Banana with ice cream rather than the mango ice cream with lychee – only because we didn’t have room for both. Wrapped in a wonton and drizzled with chocolate, the banana took on the consistency of pudding. One final, succulent adventure for our taste buds. ⚖

Photos left to right: Green papaya salad, Pho (Vietnamese beef noodle soup), Hawaiian Fried Banana a la mode, Rice Clay Pot with pork.

Photo credit: Chelle Koster Walton

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.

the Side Dish

By Kelly L. Fayer, Esq. and Lisa Poulin Lisa: This restaurant had a relaxing atmosphere and our pleasant server recommended some great traditional dishes.

Kelly: I never had noodle salad before and it was Lisa’s first time trying tofu. We were both happy with our lunches.

Lisa: Since I was with Kelly, we had to try dessert. The Hawaiian Fried Bananas did not disappoint.

Kelly: The secret shopper dream is still alive. I was ready to report the truth, but there isn't anything negative to say about this place except that it is too far away from my office for a business lunch. If you are reading this and also have a secret shopper dream, we want to share it with you.

Please contact us at resgestae@ leebar.org if you want to have your say about the next restaurant.

Viet n a mes e Res t a u r a n t

16571 S. Tamiami Trail, Fort Myers 239-208-8368 www.facebook.com/vietvillage18/ Open Wednesday through Friday 10 a.m.-9 p.m.

Saturday 11 a.m.-8 p.m.

Sunday 11 a.m.-8 p.m.

Monday 10 a.m.-9 p.m.

Closed Tuesday

October 2018 | RES GESTAE

31

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. 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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33

LCBA Judges Spotlight

Hon. Geoffrey H. Gentile

1. My wife Kathe and I met working at the Eager Beaver Car Wash in Venice and had our first date on Halloween 1984. We were married in 1986 and took our honeymoon the first chance we got: March 2016!

2. Being a lawyer and now a judge is a dream come true. I had some other jobs too. I was a paperboy at age 10. Later, I bagged and stocked groceries, detailed cars, mowed grass and worked as a construction laborer. I also worked in restaurants as a dishwasher, cook, waiter, bartender and night relief manager. To get free golf in Tallahassee, I worked as a starter at the Jake Gaither Golf Course.

3. In the late 1970s I was sponsored by a skateboard park and did demonstrations in half-pipes and freestyle flatland.

4. One of our daughters nominated me to become the Tampa Bay representative in the national Got Milk? Ultimate Soccer Mom contest. I “won.” The article in the Tampa Tribune failed to mention that I was married and I soon received offers via our answering machine for help with being a single dad, not all of them fit for polite company.

5. I’m part of two generations of Seminoles. I graduated from FSU Business School (1986) and Law School (1991). Our kids are all Seminoles. Go Gentile Noles!

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Mediation and Arbitration Services

SIMON M. HARRISON

Full Time mediator and arbitrator since 1992 Member of Florida Bar since 1978

CRIMINAL DEFENSE

SCOTT T. MOOREY

Circuit, County, and federal (mdfl) Courts AV rated-martindale Hubble Convenient on line availability Check and calendaring 

Commercial

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Probate

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construction

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guardianship

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Contracts

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trusts

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Real estate

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Employment

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Foreclosure

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Eminent Domain

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insurance

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I have the experience to understand the practical, financial, business, and emotional needs of the parties. I look forward to the opportunity to put that expertise to use in helping you to resolve your client’s dispute. on line calendaring and full cv at Www.smharrison.com Phone: 239-433-4505 E-mail: Simon@smharrison.com

Member of the National Academy of Distinguished Neutrals

275-5552 1430 Royal Palm Square Blvd.

Suite 101 Fort Myers, FL 33919

scott@GoodPeopleDoGetArrested.com

October 2018 | RES GESTAE

35

LCBA Members spotlight

Jason Gunter, Esq.

1. My mother, Mary Nell Gunter, was my middle school principal. We traveled together to school and back every day. I was a model student (not!).

2. I grew up in Matlacha. My dad was known as the Mayor of Matlacha and I was called the Prince of Matlacha. I spent my weekends diving off the Matlacha bridge and fishing.

3. I was a waiter at the Farmer’s Market and a bartender at Flashbacks.

Before I was a lawyer, I served meatloaf, mashed potatoes and collard greens at the Farmer’s Market restaurant. Later, I landed a job as a bartender at the nightclub Flashbacks, where I met my wife, Loree, who was also a bartender.

4. I was right-handed for 27 years when I suddenly was forced to become left-handed (no more right hand). It was challenging, but being forced to use my left hand opened up a whole new side of my brain. My left-hand writing skills are currently at about 10 years old.

5. I once bought an audacious gold desk and two huge Greek columns. That was in 1999, when I first opened my office, was $200,000 in debt and had never taken a deposition. Fortunately, none of it fit through the front door, and it all had to be immediately returned for half-price.

Surveillance and Investigative Services

McHale, P.A.

Investigators are former law enforcement with a combined 30 years of law enforcement experience and 20 years of private investigative experience.

Mention this ad and receive 10% discount

• Expert Witness Testimony • Forensic Accounting • Litigation Support • Bankruptcy Matters • Receiverships • Distressed Business

813.922.5451

Management

FirstFloridaInvestigations.com Contact@FirstFloridaInvestigations.com Serving the West Coast of Florida from Tampa to Naples Lic. #A-2900362

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RES GESTAE | October 2018

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

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

www.fmreporting.com · Phone: 239.334.1411 · scheduling@fmreporting.com 2180 West First Street, Suite 120, Fort Myers, Fl 33901

Copier Sales & Service Information Technology Services

We’re more than just a copier and information technology company, we’re a partner who’s got your back!

We offer comprehensive or basic network support options.

Network Engineering & Infrastructure Installation Network Management & Support Managed I.T. Service Agreement Network Security Computer Hardware & Software Repair Website Design, SEO, & Social Marketing Custom Built Performance Computers Time Clock Integration with Applications Quickbooks and CRM Software Integration Business Software Integration CCTV Installation and Online Integration Cat 5e and Cat 6 Installation

Since its inception in 1985, Direct Impressions continues to produce Southwest Florida’s highest quality commercial printing, digital printing, and effective direct mail campaigns.

Call today to see how we can grow your business!

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Contact Armand today & see what Copy IT can do for your business!

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239.451.9494 armand@ftmyerscopier.com

October 2018 | RES GESTAE

37

In The news The Hon. Chief Judge Michael T. McHugh is requesting attorney assistance with a backlog of claims and actions related to Hurricane Irma. When completing the Civil Cover Sheet in preparation to e-file, attorneys should indicate they are Insurance Claim cases rather than contract/indebtedness or some other category. (The “Insurance Claim” subtype is under “Other” on the Civil Cover Sheet.)

Attorneys should also indicate in the complaint and on the first page of the Case Management Plan that it is Irma-related.

The Hon. Judge Mary Evans recently made a presentation titled “Applied Critical Thinking: A View from the Bench” during Florida SouthWestern State College’s Critical Thinking Lecture Series. The series, which runs through November, features college and community leaders who discuss how they use critical thinking skills in their profession or focus on critical topics from their area of career or academic interest.

Evans received an associate’s degree from FSW, then known as Edison State College, before going on to earn her bachelor’s and Juris Doctor degrees.

Sara Qureshi has joined the Business & Tax Department of Henderson, Franklin, Starnes & Holt, P.A. The Cape Coral native graduated at the top of her class this year at the University of Florida, where she obtained her Master of Laws in Taxation.

Qureshi also holds a Juris Doctor degree from Barry University. She focuses her practice in business organization operations and planning, mergers and acquisitions, federal and state taxation, intellectual property and health care law. She is fluent in Urdu and Hindi.

Beth Prather of Beth A. Prather, P.A. joined Arden Courts Memory Care Executive Director Dotty St. Amand as a speaker at a recent Planned Giving Council of Lee County Inc. presentation on Ethical Fundraising with Older Adults.

Prather and St. Amand explored the legal and ethical considerations of executing planned gifts and charitable giving options with donors who may have diminished capacity. Prather’s practice focuses on the areas of estate planning, probate and trust administration, guardianship, and Medicaid and veterans benefits.

Pavese Law Firm attorney Matthew Roepstorff has earned his Master of Laws with a concentration in business transactions from the University of Alabama School of Law. The advanced law certification is designed for lawyers interested in gaining additional expertise in a specialized field of law.

The program covers business and corporate law, including entity selection and formation, corporate finance, mergers and acquisitions, securities regulation, private equity, intellectual property and business planning. Roepstorff joined the firm in 2015, concentrating his practice in business law, civil litigation and local government.

Sean M. Ellis, a shareholder in the Fort Myers office of Roetzel & Andress, has been elected president of the Southwest Florida Real Estate Council, one of 21 such councils across Florida.

The council works to foster positive, professional relationships across the community of real estate attorneys and other real estate professionals in Southwest Florida.

Ellis concentrates his practice on real estate law, including sales, purchase and leasing transactions, real estate development, association documents and plat review, and closing and title services.

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RES GESTAE | October 2018

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

PRSRT STD U.S. POSTAGE

PAID

FT. MYERS, FL PERMIT NO. 147

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

WE MA K E BA N K IN G AB O U T Y O U !

“WE DON’T DISCARD TRADITION. WE

reinvent it. ”

— Robbie Roepstorff, President (pictured with Dave DuVall, Chairman, left and Geoff Roepstorff, CEO, right)

You

get the same great customer experience at each of our convenient locations because of our dedication and commitment to make banking about you.

We’re Standing Strong with Money to Lend. Experience the benefits of joining Edison National Bank/Bank of the Islands.

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