Res Gestae - September 2018

LAWYER LINK Improved referral service

SEPTEMBER 2018

helping attorneys

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

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Contents

features

AD DIRECTORY

20 LCBA Lawyer

Referral Service

reboots with new software

On the cover: Lawyer Referral Service attorneys Gus Simmons, Laurence Smith, Charles Ferber (top center), Indera DeMine (bottom center), Harley Brook and Stephen McGuire.

Photo courtesy of : Michaela Steakley

by Chuck Myron

24 Civil obligations:

Professionalism

Initiative making progress

by Hon. Ita Neymotin, Edward Larsen, Esq., and Chuck Myron

20 departments 6

Letter from the President

by Dan Endrizal, Esq.

34 LCBA Judges Spotlight

Hon. Keith Cary

8

Letter from the Executive 36 LCBA Members Spotlight

Randall L. Spivey Director

by Lisa Poulin

10 Calendar of Events

38 In The News

12 Ethically Speaking

by Henry Lee Paul, Esq. 14 Practice Section

Land Use & Governmental Law

by Erica S. Woods, Esq. & Sarah Spector, Esq.

16 YLD Spotlight

by Tiffany Pereira, Esq. 18 #KindLee Spotlight

by Jane Lane, Esq.

28 New Members 30 The Dish

Metro Diner

32 100 Club 4

RES GESTAE  | September 2018

30

All Native Construction 15 Association of Legal Administrators Southwest Florida Chapter 17 Back In Motion IFC Barbara Pizzolato 9 Brad Jessen, Edward Jones 13 Business Observer 35 Calvo & Calvo Attorneys at Law 22 CONRIC PR & Marketing 36 Copy IT 35 CopyLady 7 DeMine Immigration Law Firm 23 Denise Kennedy 28 Direct Impressions 37 Donna Tisch 29 Edison National Bank BC Fort Myers Court Reporting 35 Garvin Law Firm 34 Henderson, Franklin, Starnes & Holt, P.A. 29 Joe Viacava Law IBC Kelleher Firm 33 Kempton P. Logan 9 Law Firm of Scott T. Moorey 33 Law Offices of Dennis L. Webb 13 Leonard P. Reina 17 Leslea Ellis, LLC 17 Livingston Loeffler, P.A. 33 LCBA MAL Nominations 28 McHale, P.A. 23 Men's Rights Law Firm 9 Merit Court Reporting, Inc. 19 Musca Law Office, Inc. 3 Office Space for Lease 37 Ringsmuth, Day & O'Halloran, PLLC 19 Robins/Kaplan, LLP 32 Roetzel & Andress 23 Sheldon E. Finman, P.A. 37 Spivey Law Firm, P.A. 5 Sproat Workplace Investigations 11 The North Law Firm, P.A. 18 Total QuickBooks Solutions 11 Veranda Restaurant 22 Von Ahn & Associates 15 William DeForest Thompson Jr., LLC 22

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

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Letter from the president

fostering ethics and civility.

As fellow attorneys, we have an obligation to treat each other with dignity and respect.

The 20th Judicial Circuit Professionalism Committee, led by Chief Judge Michael T. McHugh, and the local Professional Panel, led

by Ita M. Neymotin, can make a difference in your practice. Turn to page 24 to learn more. We owe them a debt of gratitude for their dedication to

As an Army Officer and member of the military, I had the responsibility to conduct myself as an officer and a gentleman. Some of the behavior rules in the military might seem a tad strange. When I was on active duty in Garrison, you couldn’t walk and smoke at the same time.

As a professional and an officer, you had to set the example.

Respect for each other is critical to team building and a close, cohesive unit.

One of the things that really surprised me when I became a lawyer was the way attorneys would speak to each other.

I commented once to an attorney who had been using profanity and personal slurs toward another attorney.

“You can’t talk to another professional like that!” I exclaimed.

His response was that he didn’t have to be civil with opposing counsel, which was true at the time. I’m glad The Florida Bar modified the Oath of Admission to include civility, but it’s sort of sad they had to do that.

On a side note, I just returned from my yearly fishing trip to the Republic of Panama. We had the regulars along with two ex-pats living and working in Panama.

(Jonas from Belgium and Jason from Canada.) Drinking, fishing and talking (not necessarily in that order) with those guys was interesting. Jonas and I slaughtered the mackerel on the last day (see photos).

As I said before, all are welcome, but as I understand from some of the big fishermen here, open panga boats aren’t comfy enough for them.

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

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RES GESTAE | September 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 Timothy A. McCan II, 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.

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President, Cynthia Duff, President

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Letter from the executive director It’s not every day you can get something for nothing, especially when it’s something of real value.

In November 2017, the Orange County Bar Association introduced the LCBA office to a new software called Community. Lawyer that they’d just begun using that month. The mission of the software developer is to help empower nonprofit legal networks and organizations. I did some research and discovered it was being used by legal aid and bar associations in 16 states, including a statewide legal aid provider, nonprofit legal networks, and 21 bar associations. As of August 1, 27 legal organizations were involved.

Best of all, this software is free. Community.Lawyer is incorporated as a Public Benefit Corporation — a type of company that is legally obligated to think beyond its bottom line.

Our launch date was July 17. So far, everything is going well. Kheila Perez, my assistant and Legal Referral Service Coordinator, loves it! She points to better organization for clients and attorneys and says it makes it easier for her to access reports. Some attorneys have provided positive feedback since the launch — you can see what they’ve Kheila Perez said on page 20.

The Orange County Bar, which is farther along in the project, reports that they’ve received excellent customer service from Community.Lawyer. The feedback from their attorneys has also been positive. They like having the ability to log in to update their referral client statuses at any time, as well as the ability to pay their fees online and update their profile as needed.

Here at the LCBA, Kheila is looking to increase Lawyer Referral Service membership. She needs attorneys who practice in the following areas: Social Security, employment law, civil rights, workers’ compensation, malpractice, and administrative law.

We are still offering a 30-day free trial. If you are interested, please contact Kheila at LRS@leebar.org or 239-334-0047, ext. 101.

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. Erica S. Woods, Esq. Sarah Spector, Esq. Ita Neymotin, Esq. Edward Larsen, Esq. Chelle Koster Walton Hon. Keith Cary Randall L. Spivey, Esq.

CONTRIBUTING PHOTOGRAPHER Michaela Steakley

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 to all the current members of the Lawyer Referral Service for your commitment throughout the years. We appreciate your support very much!

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

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RES GESTAE | September 2018

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

September 3 Labor Day

LCBA office and courts closed

St., Fort Myers. For more information and registration, please visit leebar.org/ events/calendar.

September 7

September 21

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

Noon-1 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. Cost is $25 for members, $35 for members, free for judges and practice section chairs.

Young Lawyers Division Monthly Lunch Meeting

September 10

LCBA Practice Section Membership Luncheon

September 27

Rosh Hashanah

LCBA office and courts closed

September 12

General Civil and Business Litigation Meeting

Noon-1 p.m., Courtroom TBA, Lee County Justice Center, 1700 Monroe St., Fort Myers. The subject is judicial do’s and don’ts.

September 13

Criminal Law Practice Section Lunch Meeting

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

September 14

Real Property, Probate and Trust Law Meeting

Noon-1 p.m., Courtroom 5G, Lee County Justice Center, 1700 Monroe St., Fort Myers. Lunch and one CLE credit are provided. Marve Ann Alaimo of Porter Wright Morris & Arthur LLP is the guest speaker.

September 19 Yom Kippur

LCBA office and courts closed

September 20

Family Law Section Brown Bag Lunch 11:45 a.m.-1 p.m., Courtroom 5C, Lee County Justice Center, 1700 Monroe

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

October 5

Young Lawyers Division Monthly Lunch Meeting

Noon-1 p.m., location TBD. 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., Fort Myers. 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., Fort Myers. For more information and registration, please visit leebar.org/ events/calendar.

October 19

Pro Bono Awards Luncheon

Noon-1 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers.

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 5H, Lee County Justice Center, 1700 Monroe St., Fort Myers. More information TBA.

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., Fort Myers.

November 2

Young Lawyers Division Monthly Lunch Meeting

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

November 8

Criminal Law Practice Section Lunch Meeting

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

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 | September 2018

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Ethically speaking

BY HENRY LEE PAUL, ESQ.

BROWARD COUNTY IMPLEMENTS CIVILITY MAGISTRATE PILOT PROGRAM

A

groundbreaking administrative order has implemented an experimental program in an effort to enforce civility by lawyers engaged in the civil litigation process. The action represents one more step in what I have described as the migration of lack of professionalism into discipline.

Administrative Order 2018-35-Civ for Florida’s 17th Circuit, signed May 2 by Chief Judge Jack Tuter in Broward County, states that “The purpose of the Program is to promote and better enforce the appropriate level of professionalism and civility among the lawyers practicing in the Circuit Civil divisions of the Seventeenth Judicial Circuit.”

The program provides for an expedited process that allows a circuit court judge to appoint a civility magistrate in “… cases where the parties’ dispute arises from a lack of civility in the courtroom, discovery or other interaction with counsel that undermines the integrity or professionalism of the legal profession… .”

The magistrates serve voluntarily. A committee of the Broward County Bar Association selects the magistrates that are available for service. A civility magistrate must have 20 years of experience and have their main office located in the county. The referring judge selects one of the magistrates from the approved list to serve as the civility magistrate in a particular case.

The process provides that upon acceptance of a referral by a civility magistrate, the parties shall exchange initial position papers within five days, followed by a response in another five days. A hearing should then be held within 10 days and a report and recommendation should be issued within another 10 days. After the report and recommendation is

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RES GESTAE | September 2018

issued, any objections must be filed within 10 days, after which the referring judge may enter an order.

Sanctions contemplated include the appointment of a special master for dealing with discovery issues or for presiding over depositions, implementation of special procedures for communication between counsel, and other appropriate relief. Additionally, the order contemplates that attorney’s fees may be awarded to the party who was subject to the unprofessional behavior.

The oath of admission for membership in The Florida Bar was amended in 2011 to include the following civility pledge: “To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications.” In the more egregious instances of incivility, violation of this pledge is now routinely relied on by The Florida Bar in formal disciplinary complaints filed against lawyers.

If this experimental program is successful, it is likely that it will be adopted in other circuits around the state. It is apparent that the 17th Circuit seeks to expand the existing enforcement of civility among lawyers. In addition to efforts

by The Florida Bar, the courts are continuing to make a concerted effort to improve civility among bar membership, which is now in excess of 105,000 members. ⚖ 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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How? First of all, work to understand your goals and risk tolerance. This knowledge will help you put together an appropriate long-term investment strategy.

Next, work to learn all you can about your investments. The more you know about them, the less surprised you will be by their performance.

You’ll also want to work to develop good investment habits, such as contributing regularly to your 401(k) and IRA. Finally, work toward getting the help you need from a financial professional, and possibly a tax advisor. You may also need to work with an attorney to help with your estate plans.

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September 2018 | RES GESTAE

13

land use & governmental law

BY ERICA S. WOODS, ESQ. AND SARAH E. SPECTOR, ESQ.

Local governments gain more control of key land developments

L

ast year, Amanda L. Brock wrote that “change is the only constant.” That still holds true for the Land Use and Governmental Law Practice Section members as the Florida Legislature continues to make changes to the State’s Growth Management regulations, giving local governments more authority to manage their own growth and land development over the last eight years.

Gov. Scott signed HB 1151 into law on April 6 as Chapter No. 2018-158, Laws of Florida. The provisions, which amend statutory provisions relative to Developments of Regional Impact known as DRIs and the Florida Quality Developments Program, took effect on that date.

A DRI is defined as “any development that, because of its character, magnitude, or location, would have a substantial effect on the health, safety or welfare of citizens of more than one county.” The DRI program was initially created in 1972 as an interim program intended to be replaced by comprehensive planning and permitting programs. More than 45 years later, we are moving closer to that plan, as the bill eliminates state and regional review of DRIs and ends all DRI appeals to the Florida Land and Water Adjudicatory Commission, except for decisions by local governments to abandon an approved DRI. The Florida Quality Developments Program was created to encourage development that has been thoughtfully planned to take into consideration protection of Florida’s natural amenities, the cost to local government of providing services to a growing community, and the high quality of life Floridians desire. The new legislation eliminates this program and only provides for the handling of existing projects that have previously received the necessary approval.

Local governments now have responsibility for review of amendments to existing and vested DRIs and Florida Quality Developments. We plan to have Charlotte, Lee and Collier County staff present at an upcoming Practice Section

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RES GESTAE | September 2018

meeting on how they are implementing the return to local control for DRIs. As many of you may know, Amanda Brock recently accepted a position as Deputy Hearing Examiner with Lee County and had to step down from her position as co-chair of the Land Use and Governmental Law Practice Section. The Practice Section thanks Amanda for her leadership and wishes her success in her new position.

We are excited to announce that Sarah Spector with Roetzel & Andress is the new co-chair of the Land Use and Governmental Law Practice Section. Sarah has made a shift back to the land use and zoning practice after a few years’ hiatus, while still doing work on behalf of community associations.

We look forward to seeing you at our monthly lunches, which are held on the last Thursday of the month from noon-1 p.m. in the Lee County Department of Community Development First Floor Conference Room at 1500 Monroe St. As always, please let Sarah or me know if you have any specific topics you would like to hear about, or if you would like to present to the Practice Section at our monthly lunch. ⚖

Erica S. Woods, Esq. is Senior Vice President of Legal Services at Kitson & Partners. She specializes in real estate development matters, with a focus on permitting and entitlement issues. Woods is a board member of the Charlotte County Economic Development Partnership and SecretaryTreasurer of the Association of Florida Community Developers. Erica is a member of the Florida Bar and was a founding board member of the Babcock Ranch Foundation.

Sarah E. Spector, Esq., is a shareholder at Roetzel & Andress in Fort Myers.

Spector is a Florida Bar Board Certified Specialist in Condominium and Planned Development Law. Spector represents clients in zoning and land use matters, as well as management and operational aspects of condominium, cooperative and homeowners’ association governance.

She serves as President of the South Gulf Coast Chapter of the Community Associations Institute.

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September 2018 | RES GESTAE

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YLD spotlight

BY TIFFANY PEREIRA, ESQ.

On to the BIG time:

Former LCBA YLD chief now working at state level Greetings, YLD readers! Can you believe it’s already September? Where has the year gone? Fall starts on Saturday, Sept. 22 for the rest of the United States, but we all know we can only hope to see a glimpse of cooler weather many months later here in Florida.

While YLD President Joel Hyatt continues to tend to his adorable newborn twins, I decided to check in with YLD immediate past president Kayla Richmond of Henderson, Franklin, Starnes & Holt, P.A. Kayla recently started her first term on The Florida Bar YLD Board of Governors.

So, what does this mean for her, and for us locally? Well, each circuit has seats on the statewide Board of Governors for both general members and YLD members. The board is our representation at the state level.

The YLD board is similar to The Florida Bar board but represents lawyers who are 36 years old or younger, or in practice for less than five years. The Florida Bar YLD currently has over 26,000 members throughout the state.

The purpose of YLD is to stimulate and encourage interest and participation in the bar. YLD provides programs and activities at the state and local levels that are both fun and educational. The YLD board includes committees designed to promote and accomplish its initiatives.

I sat down with Kayla to hear about the committees she’s on: the Affiliate Outreach Conference Committee, the Moot Court Committee, and the Transition to Practice Committee.

The Affiliate Outreach Conference is an annual event open to all local affiliates that allows them to present charitable or educational Kayla Richmond initiatives and receive grant money.

The next conference is on Jan. 10, 2019 in St. Augustine — bring your best ideas for statewide networking and pirate-themed fun.

The Moot Court committee organizes and hosts moot court competitions, including the one held each year at the Florida Bar Convention. The Transition to Practice committee assists law students as they move into their careers as lawyers, with tools such as websites and outreach programs. One of the websites, startmyfloridalawfirm.com,

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RES GESTAE | September 2018

has received national awards.

As you can see, the YLD board accomplishes a lot throughout the year.

Kayla’s first meeting as a representative took place the last weekend of July in Hollywood, Florida. You may have received an email or seen posts from The Florida Bar about this meeting, where the board voted and decided to support the Parental Leave Rule in Florida.

If implemented, this rule would create a presumption that judges would grant timely requests from lead counsel for three-month parental leave continuances, unless the delay would significantly thwart a case. The YLD advocates on issues like this that have the potential to make a significant impact on young lawyers.

If you have any questions about statewide YLD and the Board of Governors, please feel free to reach out to myself (tiffany@thepereiralawfirm.com) or Kayla (kayla.richmond@ henlaw.com). We would be happy to answer your questions.

Our next luncheon is tentatively scheduled for Friday, Sept.

7. The location is to be determined, so please check our Facebook and emails for more information. If you aren’t receiving YLD emails, please reach out to me so I may add you to the email list. ⚖ Tiffany L. Pereira is a solo practitioner who concentrates her practice on transactional business and agricultural law. In addition to serving on the YLD Board, Tiffany is a member of the LCBA Executive Council and is the statewide representative for the Lee County Association for Women Lawyers.

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September 2018 | RES GESTAE

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#KINDLEE COMMUNITY SPOTLIGHT

BY JANE LANE, ESQ.

M

ental illness. Addiction. We hear and read these words, usually in hushed tones or as an explanation for what seems like a senseless crime or loss of life.

Right now, 40 million adults suffer from mental illness. Over 20.6 million people in the U.S. have an addiction, and 37 percent of our students with a mental health issue will drop out of school. Yet, we aren’t able to openly admit we suffer, our friends suffer or our children suffer from these conditions.

SalusCare, a United Way partner agency, is the most comprehensive provider of behavioral healthcare services in Southwest Florida. Today, SalusCare employs more than 400 professionals who provide muchneeded hope and recovery to more than 16,000 adults and children a year. Mental health and substance

abuse screenings are available on a first-come, first-served walk-in basis to non-emergency patients for nocost at our three main campuses.

I have experience with mental illness and addiction personally and professionally. I have lost family and friends to these conditions. I don’t want to lose more bright, beautiful, funny people because we or they were afraid to talk about their struggle. As a SalusCare board member, I want to talk and act to destigmatize mental illness and addiction. We need to change our daily conversations. These losses are preventable. We are working to educate people so we can all talk and act to save our friends, our neighbors, our families and our children. ⚖

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RES GESTAE | September 2018

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September 2018 | RES GESTAE

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CE I V R E S L A R EFER R R E Y W A L LCBA Interface designed to create efficiency with modern approach

By Chuck Myron

F

“It paid for itself within two days, and then some,” Brook ew people, if any, conduct business today the same said. “It’s a great way to match potential clients with folks way they did in 2004. like us that are looking for clients.”

The advent of mobile devices and social media has The annual fee for the LCBA’s Lawyer Referral Service forever changed the marketplace. So, it stands to reason is $150. Potential clients pay a $50 administrative fee for a that the LCBA Lawyer Referral Service, which began in consultation with an attorney in the field of law that best 2004, should function much differently than it did then. fits their needs. That fee is waived A new software the LCBA in cases of medical malpractice and launched in July tailors the service personal injury. to the needs of today’s attorneys Lee County residents who don’t and clients. Community.Lawyer use the service pay an average of is the name of the Brooklyn, $250 for an attorney consultation, New York-based company that said LCBA Executive Director Lisa developed the software, and it Poulin, citing research from The doubles as the company’s web Florida Bar. address. The company wants its “Even if it’s somebody that’s Lawyer Referral Platform software coming in and they don’t really have to follow in the same vein as Uber, AirBNB and Amazon to give LCBA Lawyer Referral Service Coordinator Kheila Perez. a strong case, for $50 you get to set them on the right track, and they attorneys and potential new clients don’t spin their wheels wasting their time or fretting about a modern, mobile-friendly, seamless online experience. something that will not be beneficial,” said Charles Ferber, The software is designed to help established referral an attorney who practices community association law for services compete with digital enterprises like Avvo and unit owners and real estate litigation.

Rocket Lawyer that have emerged in the market for Community.Lawyer’s Lawyer Referral Platform is an connecting people with attorneys. Community.Lawyer President Scott Kelly is committed to using his technology even more cost-friendly initiative. The LCBA is using it for free, thanks to Community.Lawyer’s roots as a project to put longstanding, reputable associations like the LCBA of New York’s largest poverty-fighting nonprofit and its front and center in the realm where today’s clients are status as a public benefit corporation — a type of for-profit moving. company obliged to work for the greater public good.

“We believe the work nonprofit lawyer referral services The company offers add-ons that allow organizations and do in providing a trusted alternative to strictly for-profit attorneys to customize and build upon the platform for a marketplaces is so important because LRSs uniquely fee, but the basic service doesn’t cost the LCBA a dime. understand the needs of their community and the rules of “We were really excited, Lisa and I both, when the legal profession,” Kelly said. “That means that people it launched,” said LCBA Lawyer Referral Service who find lawyers through LRSs can rest assured that they Coordinator Kheila Perez. “We were so happy.” are being connected to vetted, qualified attorneys.”

Perez estimates the software saves her four hours a week.

That’s a key selling point for criminal defense attorney An intake process that used to take 10 to 20 minutes now Harley Brook, who just moved his practice from Naples takes only two or three. to Fort Myers this summer. Even before the LCBA began “It gives her more time to help build our membership using Community.Lawyer, he was already hooked on the of the bar association and help build the Lawyer Referral LCBA’s Lawyer Referral Service.

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RES GESTAE | September 2018

RE A W T F O S NEW H T I W S T O REBO

From left to right: Lawyer Referral Service attorneys Gus Simmons, Laurence Smith, Charles Ferber (top center), Indera DeMine (bottom center), Harley Brook and Stephen McGuire.

Service,” Poulin said. “It gives members of the public more of an ability to use the service on their own, instead of going through Kheila.”

Poulin and Perez are quick to note that their door remains open for people and attorneys who prefer face-toface interaction. The sensitive nature of the information attorneys and their clients share leads to some distrust of technology. Kelly admits no computerized system is perfect, but he’s confident in the engineers behind the Lawyer Referral Platform, all of whom have experience with Fortune 500 companies.

They use the same protocols Google and Dropbox use, he said.

“All data that’s transmitted via our technology is encrypted in transit,” Kelly said. “We also, internally, have instituted measures to protect the security of data.”

Some people who’ve used the platform to look for an attorney say they prefer the confidentiality it provides versus having to talk to an intake person, Perez said. Kelly is looking for feedback just like that to help refine the software, which is less than two years old.

The company incorporated in February 2017, and it already has about a tenth of all the lawyer referral services in the U.S. as clients, said Kelly, who’s planning a study to see how far the initiative has come and how much farther it has to go.

“We really have the ability to bring those different networks together,” he said, “and have them collaborate and share learning across the different networks so that the best practices in lawyer referral service administration can be applied across the country.”

Community.Lawyer is already working to build on the platform with a technology that would allow bar

associations to more easily work with agencies like county clerk’s offices and organizations that serve as “triage portals,” like the Florida Legal Access Gateway. The idea is to have all the groups that perform intakes collaborate instead of duplicating each other’s work.

The company’s other major future project involves helping attorneys create their own web applications that can help them better connect with the public. Improving public access to legal resources is at the heart of what Community.Lawyer and the LCBA aim to do with their collaboration.

“There aren’t many resources for people out there,” Poulin said. “This can be a really good one if there are a lot of lawyers involved.”

Nearly three dozen attorneys have signed up for the LCBA Lawyer Referral Service, and Poulin is actively trying to recruit more. Immigration attorney Indera DeMine, one of the attorneys listed in the service, sees it as alternative to traditional marketing that allows her to tap into another stream of potential clients.

“The more people see your name and hear about you, the more exposure you get,” she said.

Attorney Gus Simmons views the $150 annual fee as a justifiable investment in his practice.

“For the price you pay, it’s completely reasonable,” he said. “Some of the (clients) don’t work out, and some of them don’t fit, but a lot of them do.”

With a streamlined interface courtesy of Community.

Lawyer, Poulin hopes an even greater percentage of referrals will yield a match.

“We want our attorneys to be as excited as we are about it,” she said. ⚖

September 2018 | RES GESTAE

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Civil obligations:

Administrative effort to improve collegiality having widespread impact

When Bob Dylan wrote “The times, they are a-changin’,” he didn’t have civility in the legal profession in mind.

But if he did, his song would have rung just as true. Thanks to concerted efforts at the state and local levels over the past 20 years, attorneys are being held to higher standards of professionalism.

Throughout the 1980s and early 1990s, The Florida Bar was becoming increasingly concerned about professionalism among certain members. In 1996, a Florida Bar Task Force reported to the Florida

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RES GESTAE | September 2018

Supreme Court that attorney professionalism was in “steep decline.” Current 20th Judicial Circuit Chief Judge Hon. Michael T. McHugh called the matter a “grave concern.”

Since then, several actions have

shifted the playing field, as detailed in the timeline on page 27. Among them was the establishment of a professionalism committee for each judicial circuit, as well as local professional panels.

“For the first time in a long time, it seems like those numbers are going the other direction,” said McHugh, who chairs the professionalism committee for the 20th Judicial Circuit. “We’re not the only cause of that, but we’re part of it.”

The Professionalism Expectations and Standards, as promulgated by the Florida Bar Standing Committee on Professionalism, express: (a) “A Commitment to Equal Justice under the Law and to the Public Good;” (b) “Honest and Effective Communication;” (c) Adherence to a Fundamental Sense of Honor,

Chief Judge Hon. Michael T. McHugh

Integrity, and Fair Play;” (d) “Fair and Efficient Administration of Justice;” (e) “Decorum and Courtesy;” (f) “Respect for the Time and Commitments of Others;” and (g) “Independence of Judgment.”

No longer may a senior member

of the bar find shelter from an inappropriate comment to a young female lawyer based upon that senior attorney’s age or the “way it used to be.” Similarly, serving documents late on Friday afternoons or on the eve of holidays in order to inconvenience an adversary or witness is no longer tolerated.

Also, the informal casualness with which some attorneys address judges and magistrates in court is in direct violation of the standards.

The professionalism committee for the 20th Judicial Circuit consists of McHugh in his role as chief judge, each circuit and county court administrative judge, the state attorney, the state public defender, the state chief regional conflict counsel, a designee from each of the voluntary bar associations within the circuit, and a member-at-large to be designated by the chief judge.

To avoid any potential conflict, judges don’t sit on the local professionalism panel, which actually hears and determines the professionalism complaints. The committee meets quarterly, while the panel convenes as necessary to hear and determine professionalism complaints. The complaints are generated from several sources, including judges, magistrates, adversary attorneys, clients and courtroom personnel.

It must be stressed, however, that although the committee and the panel are organized pursuant to a Florida Supreme Court order, neither is a disciplinary body. Rather, the committee is administrative, and the panel is intended to be educational, informal and non-punitive.

Edward Larsen, Esq., a part-time general magistrate who sits on the panel and maintains a personal injury and litigation practice in Naples, believes the panel’s role is to “mentor, guide, instruct and ensure civility.”

“We’re trying to educate the

members that civility is very important,” Larsen said. “This comes from the top down. This is the Supreme Court mandating this, that in Florida, we are not going to be like many other bars where it’s a free for all.”

The standards that guide the committee and the panel are specifically designed to foster professionalism and civility among the bar within the five counties that make up the 20th Judicial Circuit: Charlotte, Collier, Glades, Hendry and Lee. It is extra-jurisdictional in that the standards apply to all attorneys who provide legal services within the circuit, even if their office is in another circuit or jurisdiction.

In Florida, there are also the “moral” and “civil” dimensions to professionalism that permeate not only the Oath of Admission to The Florida Bar but also the Rules Regulating The Florida Bar and the local professionalism standards.

To become a member of The Florida Bar, attorneys must be found to possess good moral character and fitness to practice law. The professionalism standards encourage this morality and fitness in everyday practice by expressly setting forth practical guidelines for attorneys, especially in the context of litigation.

As stated in the preamble to the standards, “Lawyers must not pursue victory at the expense of justice nor at the risk of the loss of the lawyer’s reputation for honesty and professionalism within the legal community.” It is also a stated goal of the standards to “reflect an effort to emphasize decency and courtesy” in professional conduct.

The standards may be found on the 20th Judicial Circuit’s website (www.ca.cjis20.org) under the tab labeled “Professionalism Panel/Referrals,” where there are also instructions for filing a professionalism complaint.

September 2018 | RES GESTAE

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Edward Larsen, Esq.

Complaints may also be made directly to any non-judge member of the committee.

When a complaint is made, the panel follows this process: • The chair of the panel forwards the complaint to the rest of the panel members.

• If the panel agrees that the referral may be a violation of the standards, the case is forwarded to the attorney accused of misconduct.

• That attorney is given an opportunity to provide a written response.

• A hearing is scheduled, at which time the panel and the attorney will meet.

• After the hearing, the panel members have an opportunity to weigh in on whether the attorney did indeed violate any of the standards.

• The chair of the panel sends a letter to the attorney and the complainant reflecting the panel’s determination.

• If the attorney is found to have violated the standards, the panel takes great care to explain its determination. This explanation includes a reference to each standard that the attorney was found to have violated.

In the last three years, no attorney has been brought before the panel

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RES GESTAE | September 2018

more than once.

“I think we’re having a pretty good success rate,” McHugh said. “When we look at the people we’ve intervened with and we’ve spoken to and have gone through the program, we’re not seeing them later end up with bar complaints. I think that’s the goal and that seems to be working.”

Although the panel deals with a variety of complaints, chief among them is the failure of an attorney to be civil to other attorneys and clients.

Time and again, the committee encounters an attorney who made an inappropriate comment in an email or letter, over the phone, or in person.

Often, very competent and seasoned attorneys find themselves in front of the panel, not for failing to represent their clients appropriately, but for a failure of judgment in their conduct when interacting with others.

A seemingly minor slip in civility can have wide-ranging consequences.

In a recent case brought before the Florida Supreme Court, an attorney was disbarred partly for his incivility and discourteous conduct in violation of Bar Rule 4-8.4(d). (The Florida Bar v. Ratiner, SC13-539, February 22, 2018).

The ultimate goal of the panel is to work with, educate, support and guide other attorneys in adhering to the “highest ideals and tenets of the legal profession.”

“Before someone’s license is at risk, and before they do anything that is potentially going to have long-term effects on their career, we’d love to be able to intervene and hopefully correct it so they don’t have to go down that path,” McHugh said.

The long-term stakes are high, but part of the job of the committee and the panel is to create a dialogue and an atmosphere where attorneys can ask questions and become more familiar with the standards. Attorneys who go before the panel aren’t there

to be drummed out of the profession; rather, they’re called in so that they may gain a better understanding of where the line is and how not to cross it.

“They’re not going to be ostracized,” said Hon. Ita M. Neymotin, the chair of the panel and Regional Conflict Counsel for the Second District Court of Appeals. “This really is a learning process where we just try to help them.”

Part of the educational effort is to make attorneys and the public more

Hon. Ita M. Neymotin

aware of the resources available to them. McHugh wants the circuit’s professionalism function to become more widely known.

“What we want to do is make sure that everyone is aware of it and everyone’s comfortable with it, and people who should be going through the program are going through the program,” McHugh said.

Beyond widespread knowledge of the existence of the committee and the panel, Larsen has his sights set on a loftier goal.

“We are trying to make sure that the members of the 20th Judicial Circuit are renowned for their professionalism and their civility toward others,” he said. “It is a daunting task, but we’re getting there.

And sooner or later, we’re going to achieve that goal.”

At the behest of The Florida Bar, The Florida Supreme Court creates the Supreme Court of Florida Commission on Professionalism on July 19, 1996.

1996 1998

The Court issues an administrative order on June 11, 1998, directing the chief judge of each circuit to create their own professionalism committees. The circuit committees resolve complaints of unprofessional conduct informally or make referrals to The Florida Bar if the conduct so warrants.

By local Administrative Order No. 2.20, the “Standards of Professional Courtesy and Conduct and Establishment of Local Peer Review Committee” are adopted for the 20th Judicial Circuit on May 8, 2000.

2000

2011

2013

2014 2015 2017

The Florida Supreme Court adds the following phrase to the Oath of Admission: “To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications.”

The Florida Supreme Court issues an opinion — In re Code for Resolving Professionalism Complaint (116 So. 3d 280 (Fla. 2013)) — that prompts revisions to the local professionalism standards.

The revisions to the local professionalism standards are adopted, and the standards were renamed the “Standards of Professional Courtesy and Conduct and Establishment of Local Professionalism Panel.”

The Florida Supreme Court amends “The Code for Resolving Professionalism Complaints,” by replacing “The Florida Bar Ideals and Goals of Professionalism” with “The Florida Bar Professionalism Expectations.” The Court sought to provide full immunity from civil liability for members and staff of the Local Professionalism Panels for all official acts.

The Florida Supreme Court changes the name of its committee to the “Committee on Professionalism and Civility.” By including the word “civility” in the Committee’s title, the Court has sent a direct message to every attorney that inappropriate comments, rude behavior, vexatious litigation tactics and other uncivil discourse is inexcusable.

September 2018 | RES GESTAE

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LCBA WELCOMES NEW MEMBERS Michael R. Whitt Hahn Loeser & Parks, LLP Lisa M. Gelman O’Halloran & O’Halloran Shayna S. Aronson Vernis & Bowling of Southwest Florida, P.A. Amanda C. Smith Roetzel & Andress, L.P.A.

RGE A L T A R E B LCBA MEM

NS O I T A N I M NO

N

NOW OPE

LCBA Member-at-Large nominations are now open. A nomination form is available at leebar.org. To request a nomination form, please send an email to Lisa Poulin at info@ leebar.org. You may nominate yourself or another person you believe would make a good leader for the organization.

Pursuant to the LCBA Bylaws, there are two Member-atlarge positions to be filled by annual election. Only LCBA members in good standing may nominate and be nominated.

Deadlines:

Nominations close on Friday, September 14, 2018 at 5 p.m..

Ballots will be mailed by Monday, October 15, 2018.

Voting closes on Thursday, November 15, 2018 at 5 p.m.

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RES GESTAE | September 2018

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the dish

BY CHELLE KOSTER WALTON

Chicken pot pie, a signature dish

Fried chicken and waffle

The day’s special Southern Belle sandwich

Metro Diner

Strawberry cobbler a la mode

T

he Minorcan clam chowder first teased my saltloving taste buds. Then came the smokiness of the bacon, the savory tomato dimension, and finally the soft burn of datil peppers. It smacked of Metro Diner’s Jacksonville origins, near St. Augustine, settled early on and still influenced culinary-wise by the Minorcans. Today, that once obscure north Florida diner has expanded into a dynasty of more than 60.

you: Take the option Metro offers for it, and a few other select dishes, and order it halved. I have sampled huevos rancheros – a personal obsession -- from Isla Mujeres and Ixtapa to anywhere I can find locally that prepares it. I can unequivocally attest to the perfect balance of traditional and wowing embellishments in this one. Atop wedges of fried tortilla, the chorizo, melted cheese, and fried jalapenos oneup the usual black beans and ranchero sauce staples.

Diner popularity has surged in the past decade, thanks to Guy Fieri and the Food Network. Their “Diners, Drive-Ins, and Dives” TV show, in fact, took Metro Diner from its humble beginnings to today’s 11-state franchise. Opened in Cape Coral in April 2017, it follows in the footsteps of earlier stores opened regionally first in Naples, and later in Bonita Springs.

Like much of Metro Diner’s menu, the breakfast options take a Southern direction. There’s fried chicken and waffle ($15.49), biscuits and sausage gravy ($9.99), and Spicy Honey Chicken Biscuit ($3.99), for instance.

But rest assured, this is no dive. You will find, rather, a highly respectable place to take clients for finely honed comfort food and a side of nostalgia, especially apropos for a breakfast meeting. It has a diner feel, albeit in a noticeably chain way, with booth, counter, and chrome-edged tables indoors, the requisite black-and-white checkered floor tiling, and porch seating outside.

On his show, Fieri featured the Metro’s Meatloaf Plate ($11.49), a diner staple, of course. The all-day diner also flexes its culinary muscle with flairs of out-of-the-diner-box dishes such as the Huevos Rancheros ($11.49), Cinnamon Roll Pancake ($9.99), Bold City Burger ($11.99), and its daily chalkboard specials.

I tried that huevos rancheros rendition, and my advice to

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RES GESTAE | September 2018

I suspect my mention of a cinnamon roll pancake above snagged your attention. Marked “new” on the menu in Cape Coral, it describes sugar and cinnamon pancakes with cream cheese icing, candied pecans, and cinnamon butter.

Unfortunately, like the rest of the menu, it has that annoying habit of counting calories: 1,420, to be exact.

Other “Griddle Greats,” three types of benedicts ($9.99$12.99), a signature breakfast pie ($8.99) filled with veggies and cheese (and added meat if you wish), omelets, and breakfast platters span the realm of early morning (or late afternoon, if you so desire) meals. Breakfast and dinner items are available all day long.

On a recent luncheon visit, we reached out to the chalkboard specials menu for the day’s chowder ($2.99/cup, $4.99/ bowl) and a Dixie-accented sandwich, appropriately named the Southern Belle, which piled fried chicken, sliced ham,

Photo credit: Chelle Koster Walton unless otherwise noted.

Finely honed comfort food and a side of nostalgia

The Side Dish

By Kelly L. Fayer, Esq. and Tiffany Pereira, Esq. Kelly: The Side Dish satisfies my long-time dream of becoming a secret shopper. I could not wait to try The Metro Diner.

The day’s soup du jour: hearty Minorcan clam chowder

Nostalgic decor

pimento cheese, and tomato between thick slabs of grilled white bread.

Off the all-day menu, we tried one of the green-shaded house specialties – chicken pot pie. Although we ordered the regular ($8.99) rather than the jumbo ($9.99), the size still overwhelmed. We liked the homemade biscuit dough crust, which blanketed the classic comfort food filling of veggies and generous chunks of white meat.

Other green-background designated specialties include the Charleston Shrimp & Grits ($16.99), fried chicken ($15.49), Philly cheesesteak sandwich ($9.99), club sandwich ($9.99), and Chicken Salad Salad ($9.49). And, oh yes, that Bold City Burger ($11.99), made original with Provel cheese, caramelized onion, fried jalapenos, sausage, tomato, garlic aioli and a brioche bun.

Dessert choices occupy a corner of the specials blackboard, and included, on our last visit, key lime pie, chocolate cake, and apple or strawberry crisp (prices vary). Though sorely tempted, we resisted our charming waiter’s suggestion to succumb to that over-the-top, off-thediet cinnamon roll pancake dish for dessert, and settled on the strawberry crisp. I advise you to wash it down with a cup of the house-blended coffee from freshly ground beans. The diner also sells a flavored coffee of the day, plus tea, sodas, and the usual. As far as alcoholic

Huevos Rancheros Metro-style (photo credit: Metro Diner) beverages go, there’s a selection of beer, house wine, mimosas and bloody marys made with wine ($3.99-$4.99).

The strawberry component of our cobbler had the consistency of a canned product or a filling thickened with cornstarch or gelatin. The ice cream topping was flecked with flakes of vanilla and the crust creamycrunchy, but nonetheless: Next time, I’m going for those cinnamon roll pancakes. ⚖

Tiffany: The Metro Diner is where I spent many meals during law school in Jacksonville. It was a staple after those late nights of studying. I was ecstatic to see a location open up in Cape Coral. The experience is just as good, if not better, than the one I frequented in Jacksonville.

Maybe because I was not studying.

Kelly: It was because you were having lunch with me.

Tiffany: We both liked our lunches and agree that it is the kind of place you go when you want a comfort food getaway.

Kelly: We both like comfort food, and we both liked how multiple people approached us to make sure we had a pleasant dining experience.

Tiffany: We didn’t feel rushed when we spent extra time after finishing our meal to socialize.

This is perhaps not the best meal location for a client meeting, but great to meet with colleagues.

1625 Cape Coral Parkway Cape Coral 239-288-0057 metrodiner.com/locations/ florida/cape-coral/ Open Sun - Wed 7 a.m.-8 p.m.

Thu - Sat 7 a.m.-9 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.

The Dish column in the next Res Gestae magazine will feature Viet Village in south Fort Myers. If you have dined there or plan to dine there soon, please send a brief review of 25-50 words along with your rating of the restaurant on a scale of 1-5 gavels — 1 gavel for poor and 5 gavels for excellent — to resgestae@leebar. org by Sept. 4. Your feedback may appear in the next issue of Res Gestae.

September 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 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. 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.

TOGETHE R , W E ’ L L F I N D A SOLUTI ON

LAWRENCE A. FARESE CERTIFIED CIRCUIT COURT MEDIATOR 40+ Years of Litigation Experience Board Certified Civil Trial Lawyer Board Certified Business Litigation Lawyer Call me directly at 239 213 1973

LAWRENCE A. FARESE LFARESE@ROBINSKAPLAN.COM DIRECT LINE: 239 213 1973

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RES GESTAE | September 2018

711 FIFTH AVENUE SOUTH SUITE 201 NAPLES, FL 34102

CRIMINAL DEFENSE

SCOTT T. MOOREY

275-5552 1430 Royal Palm Square Blvd.

Suite 101 Fort Myers, FL 33919

scott@GoodPeopleDoGetArrested.com

September 2018 | RES GESTAE

33

LCBA Judges Spotlight

Hon. Keith Cary

1. I saw George Jones and Tammy Wynette live in Punta Gorda in 1970. That was when they were still married. I got both of their autographs, too.

2. I worked at Publix and Sears when I was in high school. At the time, there were only three Publix stores in all of Lee County — Fort Myers, Cape Coral and Lehigh Acres.

3. My grandfather was on the first Fort Myers High School football team. That was on my mother’s side. On my father’s side, I’m part of four generations of FMHS graduates.

4. I’ve worked on my family’s cattle ranch since I was 12 years old.

I’ve branded cattle, mowed pasture and built fences, among other chores.

5. I met Wayne Newton in Las Vegas and shook his hand. I didn’t wash my hands for a week after that!

Thank yy...

FOR CONTINUING TO TRUST US WITH

YOUR CLIENT’S INJURY CASE. Jeff

Cell: 239.940.9716

34

Leland

Cell: 954.294.2005

RES GESTAE | September 2018

AS ALWAYS, WE WILL PROVIDE COMPETENT LEGAL REPRESENTATION AND PAY YOU THE MAXIMUM REFERRAL FEE ALLOWED BY THE FLORIDA BAR. CHECK OUT OUR NEW WEBSITE - WWW.GARVINLEGAL.COM

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September 2018 | RES GESTAE

35

LCBA Members spotlight

Randall L. Spivey, Esq.

1. Our family’s current pets include a yorkie, two guinea pigs, two rabbits, a turtle, two bearded dragons, two largemouth bass, a uromastyx and numerous hermit crabs. A uromastyx, in case you're wondering, is a kind of lizard sometimes known as a spiny-tailed lizard.

2. I grew up riding go-karts, dirt bikes, snowmobiles and racing motocross.

3. I had my first solo jury trial within one year of graduating law school.

Being a member of Law Review and Moot Court in law school and the hard work, attention to detail, and preparation those organizations taught me were a huge benefit in getting me ready for my first trial.

4. Spivey Law Firm sponsors numerous youth athletic sports programs, including high schools, across Southwest Florida.

5. My son and I enjoy fishing and scuba diving, and we are routinely followed underwater by sharks and moray eels who apparently don’t mind our presence, since I am still here to write this.

CONRICPR.COM

239.690.9840

Igniting brands in the legal community for over 10 years websites • blogs • press releases • social media graphic design • advertising campaigns 36

RES GESTAE | September 2018

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.

Divorce does not have to be a destructive process.

Sheldon E. Finman, Esq.

Julia L. Finman, Esq.

239-332-4543 • RespectfulDivorces.com 2134 McGregor Blvd.

Fort Myers, Fl 33901

LAW OFFICES FOR LEASE 1401 LEE STREET

Historic Downtown River District Convenient to government municipalities and courthouses and walking distance to restaurants and the waterfront.

1st Floor - Suite B: 880 Sq. Ft. 2nd Floor - Suite D: 1,800 Sq. Ft.

Includes private offices, reception area, conference room and private restroom.

Contact Tyler Yeatter 239-940-2274

Suite B

Suite D

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

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September 2018 | RES GESTAE

37

In The news Hundreds recently heard Florida lawyer regulation attorney Henry Lee Paul of Henry Lee Paul, P.A. speak about defending lawyers in grievance proceedings during the Masters Seminar on Ethics at The Florida Bar’s annual convention in Orlando.

The entire seminar is available online by going to The Florida Bar’s Continuing Legal Education website at tfb.inreachce.com and typing Masters Seminar on Ethics into the search field. The course number is 2777R, and it provides three hours of ethics credit and one hour of technology credit for attorneys.

Attorney John D. Mills of The Law Offices of John D. Mills, P.A. has won a Florida Authors & Publishers Association President’s Book Award for his latest novel, “Pineland Gold.” It’s the second of Mills’ books to receive such an honor.

Mills describes his style as a cross between John Grisham and Randy Wayne White. “Pineland Gold” is the story of two lovers who are murdered while looking for buried pirate treasure at the Pineland Indian mounds. It’s available on Amazon.com and at local bookstores.

Attorney Kayla Richmond of Henderson, Franklin, Starnes & Holt, P.A. has been selected to the 2018 Class of Leaders in the Law by the Florida Association of Women Lawyers’ Lee County Chapter. The class is chosen based on peer nominations of well-respected women lawyers who help improve their community, are positive role models, and advance women’s causes.

Richmond focuses her practice on divorce, marital and family law. She handles dissolution of marriage, custody, paternity, child support and domestic violence cases.

The Law Office of Kevin F. Jursinski & Associates has added Justin T. Mooney, L.L.M. to the firm as an associate attorney. Mooney concentrates his practice on estate planning, probate and taxation.

A member the U.S. Tax Court, Mooney earned his Juris Doctor as well as his Master of Laws in Taxation from the University of Florida. He received a bachelor’s degree in linguistics from Emory University.

Associates and Bruce L. Scheiner, Attorneys for the Injured was recognized with the Outreach Effort of the Year Award from the Lee County Injury Prevention Coalition for the firm’s support of a televised public service announcement on roundabouts.

When the initial seed money for the ad ran out last year, the firm stepped in to provide the tens of thousands of dollars worth of funding necessary for it to continue to run. The ad was seen at least once by an estimated 4,696,000 people.

Michael Lehnert of Henderson, Franklin, Starnes & Holt, P.A. has been named Chair of the Lee County Board of Big Brothers Big Sisters. Lehnert previously served as a Big Brother and joined the Big Brothers Big Sisters board in 2015.

BBBS is a nonprofit dedicated to help all children reach their potential through professionally supported, one-on-one relationships with volunteer mentors. Lehnert also serves as vice president of the Southwest Florida Real Estate Council. He is a member of the Real Estate Investment Society and the LCBA YLD.

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RES GESTAE | September 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

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FT. MYERS, FL PERMIT NO. 147

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

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