Issuu

APRIL 2019

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

Contents

features 22

One-stop shopping: Law Week provides ample opportunities to serve

by Chuck Myron

Low Income Taxpayer Clinic offers lifeline amid IRS trouble

AD DIRECTORY On the cover: Ryan O'Halloran, Law in the Mall coordinator.

Brad Jessen, Edward Jones

Photo: Jim Jett Photography

Business Observer

Composite photo cover art: April Bordeaux

Calvo & Calvo Attorneys at Law

by Shanthy Balachanthiran, Esq.

Letter from the Executive Director

DeMine Immigration Law Firm

Denise Kennedy

Direct Impressions

Donna Tisch

Edison National Bank

Fort Myers Court Reporting

Garvin Law Firm

Grant Fridkin Pearson, P.A.

Joe Viacava Law Kelleher Firm

IBC 9

Law Firm of Scott T. Moorey

Law Offices of Dennis L. Webb

LCBA Golf Tournament

10 Calendar of Events

Leonard P. Reina

12 Ethically Speaking by Henry Lee Paul, Esq.

Leslea Ellis, LLC

Livingston Loeffler, P.A.

McHale, P.A.

Men's Rights Law Firm

Merit Court Reporting, Inc.

by Lisa Poulin

14 Practice Section

Small & Solo Firm by Victor Bermudez, Esq.

16 YLD Spotlight by Nicole Brunswick, Esq. 18 Advertiser's Spotlight

Edison National Bank

20 Legal Lens

LCBA Luncheon

30 The Dish

10 Twenty Five Real Estate Council by Sean Ellis, Esq.

34 LCBA Judges Spotlight

Magistrate Kim Bocelli

36 LCBA Members Spotlight

Che Diaz, Esq.

38 Legal Lens

Carolyn Swift Investiture

42 In The News RES GESTAE

âš– April 2019

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32 Attorney Guest Column

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Henderson, Franklin, Starnes & Holt, P.A. 13

Letter from the President by John Webb, Esq.

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departments 6

CONRIC PR & Marketing

Sproat Workplace Investigations

Steven G. Niehaus

Stockman Mediation

The North Law Firm, P.A.

Total QuickBooks Solutions

Veranda Restaurant

Voit Econometrics Group, Inc.

Von Ahn & Associates

William DeForest Thompson Jr., LLC

Wright Mediation

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Letter from the president April brings the beginning one of my favorite weeks of the year for the LCBA – Law Week. Once again, the Hon. Judge John S. Carlin has graciously devoted his time and effort into planning several exciting events, and the 26th annual Law Week is poised to be nothing short of spectacular. It all starts with the Law in the Mall on Saturday, April 27 from 10-2 p.m. at Edison Mall. There, bar members provide free, individualized “ask a lawyer” sessions to the public, delivering answers to the legal issues people may be facing. Events such as this are critically important and central to a portion of the LCBA mission – to promote a better understanding between the general public and the legal profession. An illustration why the participation of LCBA members is vital can be found in the report published in 2016 by the American Bar Association’s Commission on the Future of Legal Services. Among the findings is that the public often does not obtain effective assistance with legal problems, either because of insufficient financial resources or a lack of knowledge about problems that require legal representation. Unfortunately, it’s not uncommon that we learn of instances rendered untenable due to an individual’s decision to proceed pro se in litigation, or by an individual’s failure to seek counsel prior to relinquishing important legal rights. Such instances often are due to the inability to afford an attorney or the increasingly prevalent use of internet resources in lieu of hiring an attorney. However, sometimes, reluctance in taking even the initial action of scheduling an appointment with an attorney may stem from a general perception one may have concerning attorneys or an uneasy feeling about speaking to an attorney they just met regarding a very personal or sensitive matter. With this in mind, please contact the LCBA office to learn more about Law Week and how you can help promote a greater understanding of our legal profession. Your interaction with someone, even if only for a few minutes, may mean the world to that person and positively impact the path he or she takes for years to come. John C. Webb, Esq. john@johnwebblegal.com | 239.313.7362

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ADMINISTRATION

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

EXECUTIVE COUNCIL

President ~ John Webb, Esq. Vice President ~ Matt Roepstorff, Esq. Secretary ~ Tiffany Pereira, Esq. Treasurer ~ Blake Hampton, Esq.

Board Members:

Kathy Smith, Esq. • Spencer Cordell, Esq. Peter Knize, Esq. • Michael-Anthony Pica, Esq. President Emeritus ~ Daniel J. Endrizal III, Esq. YLD President ~ Nicole Brunswick, Esq.

COMMITTEE CHAIRS BENCH-BAR GALA

Danielle Butler, Esq. DIVERSITY AND INCLUSION

Ita Neymotin, Esq. & R. Noelle Branning, Esq. HEALTH & WELLNESS

John Miller, Esq. & Joel Hyatt, Esq. HISTORY COMMITTEE

Jenna Persons, Esq. & E. Bruce Strayhorn, Esq. #KINDLEE

Amanda Bartley, Esq. & Kelly L. Fayer, Esq. LAW RELATED EDUCATION

T. Rankin Terry, Esq. LAW WEEK

Hon. John S. Carlin LCBA FOUNDATION CHARITY GOLF TOURNAMENT

Shannon Puopolo, Esq. & Kenneth A. Jones, Esq. MOCK TRIAL

Shaina Zuppke, Esq. & Eunice Gedeon, Esq. PRO BONO

Andrew Banyai, Esq. & Blair DeMinico, 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

Conor Foley, Esq. & Victor Bermudez, Esq. TORT LITIGATION

Preston John (PJ) Scheiner, Esq.

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Letter from the executive director Thank you to everyone who attended our LCBA Bar-B-Q and Shrimp Boil in March, and thank you also to the sponsors and vendors for your support. Don’t forget Law Week begins on April 27 with Law in the Mall and ends on May 3 with the Law Week Awards Luncheon. Please consider volunteering for the Law in the Mall, donating to our LCBA Blood Drive and attending all the events. For a Law Week calendar, please see page 10. Right on the heels of Law Week is the LCBA Foundation’s Charity Golf Tournament on May 4 at The Forest Country Club. Sponsors, players and volunteers are needed. Early registration is now open, so sign up now to get a discounted rate at leebar.org/GOLF. If you’re not interested in playing or sponsorship, show your support by volunteering on the course. Please visit leebar.org/golfvolunteers. If you’re not an early riser or have morning plans, join us for lunch and the live and silent auctions. Donations are being accepted for auction items and goodie bags to be handed out at the tournament. Please deliver the items by April 26 to the LCBA office at 2077 First St. in Fort Myers. We plan to hand out 150 goodie bags, so we ask that you have enough of your item to place in that many bags. Your help is greatly appreciated. The foundation will award all tournament proceeds to deserving local organizations. The success of the tournament depends on the generosity of businesses and community members like you. Last year, we collected over $20,000, and the foundation made grants to Valerie’s House, AMIkids Southwest Florida, the I Will Mentorship Foundation and the Lee County Legal Aid Society, among other Southwest Florida charities. So, show your support of those organizations and be a part of the LCBA Foundation Charity Golf Tournament! If you have questions or would like to make a donation over the phone, please feel free to contact me.

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

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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

Tiffany Pereira, Esq.

MANAGING EDITOR Chuck Myron

CREATIVE DIRECTOR April Bordeaux

ADVERTISING DIRECTOR Linda Fiore | 239.690.9840

FEATURE WRITER Chuck Myron

CONTRIBUTING WRITERS John Webb, Esq. Lisa Poulin Henry Lee Paul, Esq. Nicole R. Brunswick, Esq. Shanthy Balachanthiran, Esq. Sean Ellis, Esq.

Magistrate Kim Bocelli Che Diaz, Esq.

CONTRIBUTING PHOTOGRAPHER Jim Jett Photography

BILLING INQUIRIES 239.334.0047

Res Gestae is an award-winning magazine published monthly by CONRIC Publishing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to resgestae@leebar.org. We make every effort to ensure the accuracy of the information published, but we cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae or CONRIC Publishing. Copyright© 2019 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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April 2019 ⚖ RES GESTAE

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

APRIL

Criminal Law Practice Section Technology CLE

11 a.m.-noon, Lee County Justice Center, Courtroom 5G, 1700 Monroe St.

Land Use Bar Lunch Meeting

Noon-1 p.m., Lee County Public Works, first floor conference room, 1500 Monroe St., Fort Myers. Topic and speaker TBA.

Criminal Law Practice Section Monthy Meeting

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

Real Property, Probate and Trust Law Brown Bag Lunch

7:30 a.m.-noon, Lee County Justice Center, Courtroom 5G, 1700 Monroe St. The meeting, sponsored by John Costello of Porter Wright Morris & Arthur LLP, will cover elective share.

18 Meeting

Young Lawyers Division Monthly

5:30 p.m., 10 Twenty Five, 33 Patio De Leon. All attorneys under age 35 or in their first five years of practice are invited to attend.

Law in the Mall

10 a.m.-2 p.m., Edison Mall, inside in front of Dillard’s. LCBA attorneys will provide free legal advice. To volunteer, contact Ryan O’Halloran at 239-334-7212 or ryan@ohalloranfamilylaw.com.

Law Week Blood Drive

8 a.m.-3 p.m., southeast corner of Monroe St. and Dr. Martin Luther King Jr. Blvd. The Lee Health Bloodmobile will be on site to take donations. To volunteer, contact Luis Rivera at 239-254-8460 or luis. rivera@gray-robinson.com.

MAY

Bar Judiciary Appreciation Reception 5:30-7 p.m., Edison Restaurant, Bar & Banquet Center, 3583 McGregor Blvd. A cocktail hour runs from 4:30-5:30 p.m. with complimentary

beer, wine and hors d’oeuvres. Cost is $20 for Lee County Association for Women Lawyers members, $25 for non-members, and free for judges. RSVP to Kayla Richmond at kayla. richmond@henlaw.com.

Florida Second District Court of Appeal Oral Arguments

8:30 a.m., Lee County Justice Center, Courtroom 2A, 1700 Monroe St. Court of Appeal judges will take questions from high school students in attendance from 8:309 a.m. prior to the start of the arguments.

Law Week Awards Luncheon

11:30 a.m.-1 p.m., Sidney & Berne Davis Art Center, 2301 First St. The luncheon will honor Law Enforcement Officers of the Year for the City of Fort Myers, City of Cape Coral, City of Sanibel and the Lee County Sheriff’s Department. Also, the Dr. James A. Adams Lee County Teacher of the Year for Law-Related Education will be awarded, and the prestigious Liberty Bell Award will be presented. Cost is $25 for LCBA members, $35 for non-members and free for judges. RSVP and register at leebar.org or call 239334-0047.

Visit us online at leebar.org to see more calendar items. You can conveniently RSVP for upcoming events. Would you like to submit an event? Email your event submission to resgestae@leebar.org

Thank You to our Annual Sponsors for 2019

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⚖ April 2019

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LCBA Foundation Charity Golf Tournament

presented by Roetzel & Andress

Saturday, May 4, 2019 @ The Forest Country Club 6100 Club Blvd., Fort Myers

Check-in 7 a.m. | Shotgun start 8:30 a.m. Open to LCBA members and non-members alike Four-player scramble Complimentary buffet lunch and goodie bag

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April 2019 ⚖ RES GESTAE

Ethically speaking BY HENRY LEE PAUL, ESQ.

Uncivil social media tactics earn lawyer emergency suspension

n the practice of lawyer regulation, it is often said, “You just can’t make this stuff up.” The recent emergency suspension of lawyer Ashley Ann Krapacs is a case in point (SC19-277).

In what is believed to be the first instance of an emergency suspension for lack of civility, the Florida Supreme Court suspended Krapacs in an order entered on February 27. Filed on February 20, the tale of misconduct described in The Florida Bar’s 35-page Petition for Emergency Suspension reveals an incredible litany of insults and incivility. The tale began when Krapacs filed a Petition for Domestic Violence Injunction, or DVI, against a former boyfriend. The former boyfriend hired a lawyer to defend against the petition. Krapacs withdrew the petition after the lawyer for the boyfriend threatened to file a motion for sanctions. At that time, Krapacs launched “an attack of massive and continuous proportions under…[her] misguided belief that the First Amendment shields her from scrutiny and prosecution by The Florida Bar for egregious misconduct.” The targets of Krapacs attacks included the lawyer and the judge in the DVI case. The lawyer for the former boyfriend ultimately hired attorney Nisha Bacchus to file a lawsuit against Krapacs seeking injunctive relief and alleging libel, slander and malicious prosecution. The Florida Bar’s petition alleged that although Krapacs continued to attack her existing targets, “her focus, in good part, shifted to Nisha Bacchus.” The Florida Bar petition further alleges that, “By waging a personal and public war on social media against attorneys representing clients, Ms. Krapacs has engaged in terrorist

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legal tactics.” The petition further alleged that Krapacs’ “fury has no bounds.” As a result of this conduct, Bacchus filed her own Petition for Injunction to Protect Against Stalking against Krapacs, which was granted on February 1. Krapacs went so far as to use social media to offer free representation to former clients of Bacchus who would file bar complaints and malpractice claims against her. Krapacs also impugned the integrity of The Florida Bar in investigating complaints against her. The filing and granting of the Petition for Emergency Suspension is yet another example of the migration of lack of professionalism into discipline. It sets a striking precedent that the Supreme Court will not tolerate uncivil and unprofessional conduct. In alleging violation of Rule 3-4.3 (Misconduct and Minor Misconduct), Rule 4-4.4(a) (Respect for Rights of Third Persons) and Rule 4-8.4(d) (Conduct Prejudicial to the Administration of Justice), The Florida Bar stated that, “The Bar, and in strong agreement with this Court’s harsh view of incivility, deems this Respondent’s conduct to have exceeded any yet known boundaries…. Respondent’s outrageous conduct only serves to perpetuate the public’s perception that lawyers are uncivilized.” ⚖

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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April 2019 ⚖ RES GESTAE

Solo & Small Firm VICTOR BERMUDEZ, ESQ.

Orders in the Court! Best practices for submitting orders to Circuit Court judges in Lee County

RTFR!

Most law students weren’t taught this acronym, and

that’s a shame.

RTFR is one of the most important lessons a new lawyer should learn. Depending on whom you ask, there are a couple of meanings for this acronym, but the one most appropriate for this article is “Read the Freaking Rules.” Reading the rules has saved me from countless mistakes, but when I do make a mistake, it’s usually because I didn’t read the freaking rules. Unfortunately, not everything we do in the practice of law is neatly divided into rules and regulations. One area that isn’t always clear here in Lee County is the proper method of submitting a proposed order to the court. What is the right way? Hand-delivered or mailed? Email? Copies and pre-stamped envelopes? Some judges have different preferences depending on the circumstances. Moreover, solo practitioners and small firms are less likely than large firms to have standard judgespecific practices. Inevitably, the future method for filing proposed orders is going to be through electronic means. When this becomes standard practice, it will save time, paper and expenses. For now, what litigators in Lee County could use is some clarity. To that end, I spoke to every Circuit Court judge’s judicial assistant in person or over the phone to ask them their

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preferences, and I placed their answers in the chart on page 15. Hard copies: Most judges require the attorney to include conforming copies and self-addressed stamped envelopes for each attorney in the case, but judges with criminal dockets generally do not. Attorneys should specify who each attorney is at the end of the order rather than simply stating "conformed copies to all counsel of record." Emails: Must CC every attorney in the case. Keep in mind that while these are the general policies of the judges, their judicial assistants often reminded me that there are situations where a judge or judicial assistant may specifically request that counsel submit an order differently. For example, a judge may request email submission at the conclusion of a hearing or hard copies when the order is several dozen pages. Also, in addition to always checking for judicial preference posted online, attorneys should read the document titled “Standards of Professional Courtesy and Conduct for Lawyers Practicing in the 20th Judicial Circuit.” Victor Bermudez is an associate attorney at GunterFirm and co-chair of the LCBA Solo & Small Firm practice section. He is also a member of the LCBA Young Lawyers Division, the Southwest Florida Federal Court Bar Association, and the Business Law, Trial Lawyers and Labor and Employment Law sections of The Florida Bar.

Hard copy hand-delivered or mailed

Hon. Robert Branning

Yes

Hard copy hand-delivered or mailed

Hon. John S. Carlin

Hon. G. Keith Cary

Email orders preferred. Always CC each attorney in the case when submitting orders. Hard copy hand-delivered or mailed

Hon. Joseph C. Fuller

Hard copy hand-delivered or mailed

Hon. Geoffrey H. Gentile Hon. Amy Hawthorne

Email, mail or hand-delivered copies are acceptable Final judgment or rulings should be sent over email. Orders should include hard copy handdelivered or mailed Hard copy hand-delivered or mailed. If order is time-sensitive, it may be emailed. Hard copy hand-delivered or mailed Hard copy hand-delivered or mailed

Hon. Leigh F. Hayes

Hon. Bruce Kyle

Hon. Keith R. Kyle

Yes

Hon. Alane Laboda

Yes

Hard copy hand-delivered or mailed

Hon. Chief Judge Michael T. McHugh

Yes

Hard copy hand-delivered or mailed

Hon. J. Frank Porter Hon. Lee A. Schreiber

Email, mail or hand-delivered copies are acceptable Hard copy hand-delivered or mailed

Hon. James Shenko

Yes

Hon. Margaret O. Steinbeck Hon. Carolyn Swift

Yes

Hon. Nicholas Thompson

Orders may be submitted by email, except orders over 20 pages, then hard copy handdelivered or mailed Email, mail, or hand-delivered copies are acceptable Email orders preferred Email, mail, or hand-delivered copies are acceptable

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⚖ April 2019 ⚖ RES GESTAE

YLD spotlight BY NICOLE R. BRUNSWICK, ESQ.

Lee YLD looks to build on success with grants

he Lee YLD is off to a great start this year! Over the last few months we received grant funding awards from The Florida Bar Young Lawyers Division in the amount of $2,000.

Please stay tuned for more information about all of Lee YLD’s exciting events, as we will send out email updates and reminders. We will also post all events and information on our Facebook page!

We received a $1,500 grant as a result of the Lee YLD’s grant application and presentation back in January at The Florida Bar Young Lawyers Division Affiliate Outreach Conference in St. Augustine. The grant monies will go toward and help fund our yearlong Child Literacy and Law Project of helping improve children’s education and literacy in the community. Funds will be used to purchase educational materials, such as books and school supplies, which we will provide during our visits to Child Care of Southwest Florida’s learning centers.

For additional details on the Lee YLD and upcoming events, please like and follow us on Facebook and email Eunice Gedeon at Eunice.Gedeon@leecountylegalaid.org to be added to our email list. ⚖

The Lee YLD also received a $500 grant to go toward our annual Afternoon at the Courthouse event. Lee YLD’s third annual Afternoon at the Courthouse will give new and seasoned lawyers as well as law students the opportunity to receive a tour of the Lee County Justice Center, Judge Lynn Gerald Law Library, Clerk of Court’s Office, jail and much more. We plan to have this event coincide with the release of the July bar exam results in September. Additionally, we recently submitted two more grant applications for The Florida Bar Young Lawyers Division Health and Wellness Grant and Diversity/ Women’s Initiative Grant. This will be the Lee YLD’s first year applying for the Diversity/Women’s Initiative Grant and we hope to make this a collaboration with the Lee County Association for Women Lawyers. The idea for the Health and Wellness Grant application is to propose a challenge to all LCBA members to commit to running, biking or walking 1 mile per day during the month of May, for a total of 31 miles. Lastly, instead of our typical monthly lunch meeting, our April general membership meeting will be a happy hour.

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Nicole R. Brunswick is an associate at the Simmons Law Firm, P.A. Nicole focuses her practice in family law. Nicole earned her Juris Doctor from Stetson University College of Law. In addition to serving as president of the LCBA YLD, Nicole serves as a board member on the Association of Family Law Professionals Board of Directors and the Lee County Legal Aid Society Board of Directors.

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Advertiser's spotlight EDISON NATIONAL BANK

The bar’s banks: Edison National, Bank of the Islands Bond between LCBA, Roepstorff family runs deep

t’s all about relationships. From the solo practitioner who needs a loan to open his office, to the thriving firm that needs support with its complex financial records, Edison National Bank and the Bank of the Islands are there every step of the way. The sister banks have become known around the legal community and all of Lee County for their personal, dependable and convenient service. Edison is the county’s oldest locally owned and managed community bank, and it earned that distinction by treating every customer with the utmost respect. The bank continues to be awarded the coveted Bauer Financial 5 Star Superior Rating, marking it as one of the strongest, most dependable and financially sound banking institutions in the U.S.

Community engagement is at the heart of the way Geoff and Robbie live. Geoff is a founding director of SalusCare, president of the Rotary Club of Fort Myers South Foundation and a Level 8 Paul Harris Fellow. He’s also a trustee for the Lee County Electric Cooperative and for the Endowment Fund of the Clinic for the Rehabilitation of Wildlife, better known as CROW. Robbie is the 2008 Paulette Burton Lee County Citizen of the Year award winner, a trustee for the Southwest Florida Community Foundation, and a director and former chair of The Foundation for Lee County Public Schools. She’s also a former chair and currently vice chair of the Florida Gulf Coast University Board of Trustees. Jointly, Geoff and Robbie were chosen as 2010 Bankers of the Year by the Florida Bankers Association, a statewide nod to what they built and maintained through prosperity and lean times alike. Their endurance and track record of success show it’s unnecessary to sacrifice the hometown touch of a local bank for the name brand of a national chain. “Banking locally saves a great deal of time and frustration,” Geoff and Robbie said. “Our law firm clients value knowing their bankers, and knowing we can turn around loan requests, handle escrow and trust accounts, and field any other banking requests in a timely and personal manner.” The Roepstorffs make security and confidentiality a priority, investing in high-level technology and implementing best practices to safeguard client accounts. They also believe in protecting the ideals they hold dear — the same ideals the LCBA was founded on.

Geoff and Robbie Roepstorff That kind of success is a testament to founders Geoff and Robbie Roepstorff, who are still managing the banks today. Their son, Matthew, is this year’s LCBA vice president, and the family shares a commitment to doing what’s right. “From what we have observed, the local bar association is dedicated to fostering the highest level of ethical standards among its members,” Geoff and Robbie said. “It also is dedicated to being a forum for continuing education and community engagement. That work is uplifting to the attorneys who practice here, the clients they serve and the neighborhoods where they live and work.”

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⚖ April 2019

“Believing in and abiding with the laws of our great country, whether at the local, state or federal levels, is a cornerstone of our society,” they said. “When the community sees that its local bar is committed to that standard, it gives them a sense of security that the fabric of their community is strong.” The partnership between Edison National Bank, Bank of the Islands and the LCBA is a natural one, and it’s something the Roepstorffs take seriously. They’re dedicated to earning the trust of bar members one at a time, delivering the same level of service to the associate attorney as they do to the managing partner. ⚖

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Practice Section chairs made it evident the LCBA is bustling with activity as they updated bar members about the latest goingson, and the Hon. Archie Hayward shared stirring anecdotes about important local figures in honor of Black History Month.

6 Austin Turner, Hon. Andrew Swett John Webb, Kelly L. Fayer Marisa Boysen, Andrew Banyai Front row: Victor Bermudez, Jason Gunter, Marisa Boysen, Jennifer Hammond. Back row: Magistrate Gilberto Perez, Carlos Kelly, Conor Foley, Austin Turner, Peter Knize. 5. Kati Calvo, Hon. Devin George, Matt Roepstorff 6. Bruce Green, Jennifer Hammond, Peter Knize 7. Hon. Tara Paluck, Hon Devin George, John Webb, Hon. Archie Hayward, Hon. Jack Weiss

7 20

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Law in the Mall coordinator Ryan O'Halloran

One-stop shopping: LAW WEEK PROVIDES AMPLE OPPORTUNITIES TO SERVE By Chuck Myron

t’s a tradition that’s been going on for a quarter-century, but it wouldn’t happen if it weren’t for LCBA members. The 26th annual Law Week runs April 27-May 3 this year, fueled by attorneys and judges who give of their time to see that the community has a better understanding of, access to, and respect for the law. “The members of the Lee County Bar Association who volunteer for Law Week activities are very important to the success of Law Week,” said the Hon. John S. Carlin, chair of the Law Week Committee. “I am very proud of the Bar’s support of our community through various activities including the Lee Health Blood Drive and free legal advice at Law in the Mall.” The free legal advice fits perfectly with the American Bar Association’s theme of “Free Press, Free Speech, Free Society” for this year’s Law Day celebration, which is the basis for the LCBA’s Law Week. A free press, free speech and free society aren’t possible unless everyone has a voice, and Law in the Mall lends a voice to the underserved. Attorneys gather in the atrium of Edison Mall, near Dillard’s, to help members of the public who are seeking legal advice, direction, or simply need a lawyer but can’t afford one. The more lawyers in attendance, the more people get the assistance they’re desperate to receive. As Law in the Mall coordinator Ryan O’Halloran recruits LCBA members to take part, he asks them to reflect on an occasion when someone else’s generosity made a difference in their lives. “For a very limited investment of our time, the return to the people is great,”

O’Halloran said. “The ROI is appealing.” For some attorneys, Law in the Mall offers a chance to embrace the spirit of the underdog. It’s also an opportunity for attorneys to fulfill the aspirational goal The Florida Bar sets of at least 20 hours of pro bono work per year, O’Halloran said. So, too, is the blood drive the LCBA puts together in conjunction with Lee Health, Luis Rivera contends. “Traditionally, pro bono work has been conducted on a one-on-one basis, with lawyers looking for people and causes they could help with legal work. However, pro bono service should not be considered so narrowly,” said Rivera, who is in charge of the blood drive for the bar. “Pro bono translates as ‘for good’ and pro bono service can manifest itself in many ways, including financial donations through firm foundations and engaging employees in non-legal service work such as conducting and donating at blood drives.” The need for blood is pressing in Lee County, home to one of the most robust health care industries in the nation.

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“Lee Health must continuously replenish the blood supply in order to maintain enough for patient care in our community,” Rivera said. “This means Lee Health hospitals need a total of 800 donors a week.” If all of the nearly 800 LCBA members contributed to the blood drive, Lee Health would almost meet its weekly obligation in a single day. It’s that sort of impact that underscores the power of the LCBA to do good. Part of that power lies in the ability to unveil the inner workings of the courts to children interested in someday pursuing law careers. About 100 students will have that experience on May 3 when the Florida Second District Court of Appeal sets up shop in the Lee County Justice Center and puts real, live oral arguments on display. The judges will answer questions from the students for a half-hour before diving into cases. Later that day, Law Week culminates in the Law Week Awards Luncheon, when people who work on the front lines take center stage. Dedicated local law enforcement officers, an outstanding law-related educator, and someone who has made a profound impact on the community will all receive honors before an audience of LCBA members at the Sidney & Berne Davis Art Center. A robust turnout by LCBA members will help give those who serve the public every day the recognition they deserve. The luncheon, and Law Week itself, present an annual opportunity to lift up the legal profession and remind people of the role it plays to further the ideals of free press, free speech and free society that the ABA exalts. Attorneys have sweeping power to effect positive change, but it’s up to every one of them to make the most of it. Law Week is an opportunity to do just that. ⚖

LAW WEEK CALENDAR APRIL 27 Law in the Mall 10 a.m.-2 p.m., Edison Mall, inside in front of Dillard’s. LCBA attorneys will provide free legal advice. To volunteer, contact Ryan O’Halloran at 239-334-7212 or ryan@ohalloranfamilylaw.com. APRIL 29 Law Week Blood Drive 8 a.m.-3 p.m., southeast corner of Monroe Street and Dr. Martin Luther King Jr. Blvd. The Lee Health Bloodmobile will be on site to take donations. To volunteer, contact Luis Rivera at 239-254-8460 or luis. rivera@gray-robinson.com. MAY 2 Bar Judiciary Appreciation Reception 5:30-7 p.m., Edison Restaurant, Bar & Banquet Center, 3583 McGregor Blvd., Fort Myers. A cocktail hour runs from 4:30-5:30 p.m. with complimentary beer, wine and hors d’oeuvres. Cost is $20 for Lee County Association for Women Lawyers members, $25 for nonmembers, and free for judges. RSVP to Kayla Richmond at kayla.richmond@henlaw.com. MAY 3 Florida Second District Court of Appeal Oral Arguments 8:30 a.m., Lee County Justice Center, Courtroom 2A, 1700 Monroe St., Fort Myers. Court of Appeal judges will take questions from high school students in attendance from 8:30-9 a.m. prior to the start of the arguments. MAY 3 Law Week Awards Luncheon 11:30 a.m.-1 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. The luncheon will honor Law Enforcement Officers of the Year for the City of Fort Myers, City of Cape Coral, City of Sanibel and the Lee County Sheriff’s Department. Also, the Dr. James A. Adams Lee County Teacher of the Year for LawRelated Education will be awarded to an outstanding educator, and the prestigious Liberty Bell Award will be presented to a very deserving community member. Cost is $25 for LCBA members, $35 for non-members and free for judges. RSVP and register at leebar.org or call 239-334-0047.

Ty Roland and Evan Lubell are among the LCBA attorneys who have volunteered their services for past Law in the Mall events.

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Special Feature BY SHANTHY BALACHANTHIRAN, ESQ.

Low Income Taxpayer Clinic offers lifeline amid IRS trouble

Photo: Jim Jett Photography

Pro bono hours, CLE opportunities abound with new program

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attling the IRS with tax disputes pro se can be frightening. Most people panic when they get a notice from the IRS. And, let’s face it, hiring a tax attorney or CPA to assist with an IRS audit or tax controversy can be costly. Most low-income and/or indigent taxpayers often do not have the financial means to hire a private tax attorney who may charge significant retainers, sometimes in proportion to the total tax liability. According to a recent article by The Balance Careers, a leading digital portal for workforce research, tax attorneys are the third-highest-paid legal professionals. And, per the career site Glassdoor, the average annual base pay for tax lawyers in the U.S. is around $133,000. Due to the high cost associated with hiring a private tax attorney, many low-income taxpayers ignore their tax issues, making them likely to accrue hefty IRS interest, penalties and fees. The IRS may eventually take substantial and drastic steps if the taxpayer does not adequately handle the tax issue, including filing a lien against the taxpayer’s property, levying assets, forcing the taxpayer to forfeit refunds, filing criminal charges against the taxpayer for tax evasion, and revoking the taxpayer’s passport. Fortunately for our community, Florida Rural Legal Services Inc., or FRLS, recently opened its Low Income Taxpayer Clinic in Fort Myers to provide free legal assistance to low-income taxpayers with federal tax disputes. FRLS now has added tax representation to its lengthy list of free legal service areas. The on-site tax clinic is the first of its kind for Lee County, giving it potential as a true community game-changer. In addition to Lee County, the Tax Clinic services low-income taxpayers from the following counties: Polk, Palm Beach, St. Lucie, Martin, Okeechobee, Indian River, Highlands, Hardee, Hendry, Charlotte, Desoto and Glades. Generally, taxpayers may qualify for tax clinic assistance if their income does not exceed 250 percent of the federal poverty level or if they speak English as a second language. And although the tax clinic currently does not prepare tax returns unless necessary to resolve a tax controversy, it can provide resources to qualifying taxpayers for free tax preparation services. If a private attorney or CPA is unable to assist a client due to monetary constraints, such as the client’s inability to afford a retainer, they are encouraged to refer the client to the tax clinic. The clinic receives funding from a variety of sources, including the IRS, and is seeking additional avenues of

financial support. Although it receives IRS funding, the clinic, its employees, and volunteers are not affiliated with or endorsed by the IRS or its employees. A taxpayer’s decision to obtain representation from the tax clinic will not result in the IRS giving preferential treatment in handling the dispute or problem, and will not affect the taxpayer’s rights before the IRS. With tax controversy, as with most other legal matters, time is of the essence, and it is critical that low-income taxpayers have a means at the outset of their federal tax issue by which to protect their legal and financial interests. The tax clinic’s mission aligns with that of the IRS: “to ensure the fairness and integrity of the tax system for taxpayers who are low income or speak English as a second language.” The clinic not only provides pro bono representation on behalf of taxpayers in tax disputes with the IRS but also educates them about their rights and responsibilities. It also identifies and advocates for issues that impact low-income taxpayers. As such, the tax clinic disseminates information about itself to community partners and welcomes opportunities to provide free taxpayer educational outreach to local constituents. Moreover, the tax clinic serves as a valuable opportunity for attorneys, CPAs and enrolled agents to gain tax representation training and experience. The tax clinic hosts free substantive law trainings with CLE accreditation by experts in the field on a monthly basis to legal and accounting practitioners in exchange for pro bono representation of low-income taxpayer clients. In January, the tax clinic featured national tax expert Bob Wunderlee for a three-hour CLE training on Migrant Worker Tax Representation. In February and March, the clinic offered trainings on recent tax law changes and how they will impact family law clients. In April, it will provide trainings on the nuts and bolts of assisting pro bono clients with collection matters. The tax clinic will focus its trainings each month on different aspects of tax representation. The program is approved by The Florida Bar as an entity eligible to receive pro bono contributions from attorneys. As such, it’s an opportunity for both in- and out-offield practitioners to receive complimentary practical skills training to build their knowledge in this often highly lucrative niche practice area, as there’s always a continuing demand for tax expertise. Through the pro bono opportunity, volunteer practitioners may gain exposure to negotiating settlements with the IRS and litigating cases before the April 2019 ⚖ RES GESTAE

United States Tax Court. The focus of the Tax Clinic’s Trainings and practicum will include, but are not limited to, the following: • • • • • • • • • • • • • • • • • • •

Child Tax Credit denials Collection of tax debts Currently Not Collectible (CNC) Status Dependent exemption problems Earned Income Tax Credit problems Hardship claims Identity theft resolution Injured spouse relief Innocent spouse relief Installment agreements IRS Appeals representation IRS audit representation Liens on personal homes Levies on Social Security income Levies on wages Offers in Compromise (OIC) Responding to IRS notices Self-Employment Tax Issues U.S. Income tax treaty consultation

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Practitioners interested in volunteer opportunities are encouraged to contact the clinic. You can email TaxHelp@ FRLS.org or call 888-582-3410 ext. 4115 for more information. Clinic personnel are also available to present educational engagements to your clients about taxpayer rights and appeals processes. The clinic is at 3410 Cleveland Ave., Suite 101 in Fort Myers, and is open Monday to Fridays from 9 a.m.-5 p.m. Low-income taxpayers may call 888-582-3410. They may also come in person to complete an intake for case assessment and are encouraged to bring any IRS notices they received for attorney review. The tax clinic’s brochure may be found at frls.org, and distribution to taxpayers and community partners is encouraged. ⚖ Shanthy Balachanthiran is a tax attorney and director of the Low Income Taxpayer Clinic for Florida Rural Legal Services. She is committed to public service and assisting those most in need within our community. She is admitted to practice law in Florida and California, and she is admitted to practice in federal court — the Middle and Southern district courts of Florida, as well as the U.S. Tax Court.

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April 2019 ⚖ RES GESTAE

the dish BY TIFFANY PEREIRA, ESQ.

Flavorful getaway: 10 Twenty Five opens in Patio De Leon

onveniently located in Patio De Leon at the heart of downtown Fort Myers is the newest iteration of 10 Twenty Five. The Cape-Coral based gastropub, which boasts an extensive craft beer and cocktail menu, offers a relaxing environment for a quick lunch out of the office or dinner and drinks after hours. The location was previously home to Prime de Leon and has a 1,200-square-foot patio upstairs â€” one of only two

upstairs patio dining locations downtown. There is a full bar and additional seating on both floors of the restaurant, enough to accommodate 210 guests total. You can also order online for pickup or delivery. Space is available for special events, and catering is offered as well. Small bites, soups, salads, sandwiches, burgers and other signature dishes provide a variety of options for all diners. Did I mention the selection of deluxe grilled cheeses? Some

Photo below left: pork shanks with a honey citrus teriyaki glaze on a bed of pickled vegetable slaw. Photo below right: chicken avocado melt wrap.

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of the comfort foods on the menu, such as chicken mac and cheese and the Ultimate Grilled Cheese Sandwich, were items I watched come regularly out of the kitchen. For the lighter appetite, the Bites menu included snacks such as Avocado Chicken Romaine Boats, pork shanks, Philly rolls, and a nacho Philly. More substantial dinner options include Mo’s Chicken Pot Pie, Phoenix Alfredo (covered with a sriracha sauce and ghost pepper cheese), pot roast, and bangers and mash. Saturdays and Sundays bring a brunch menu that offers bottomless mimosas for $11.99. You read that right! If mimosas aren’t your weekend cocktail of choice, Jimmy’s Grilled Cheese Bloody Mary is another option, topped with a mini-grilled cheese, olive and pickle skewer. The brunch menu contains delicious breakfast items, including options for kids. If you prefer good ol’ fashioned breakfast foods such as biscuits and gravy, eggs benedict, and more, you are covered. If you are feeling more adventurous, one option is the Cap’n Crunch Cristo: sourdough bread coated in Cap’n Crunch Crunch Berries cereal, deep fried, and stuffed with smoked ham, cream cheese and raspberry glaze. Personally, the Avocado Smash toast is my favorite. Those of us with the LCBA Young Lawyers Division have held our two most recent monthly lunch meetings at this location, and we have decided to make it our new default meeting location. At our most recent lunch meeting on March 1, attendees ordered a variety of items, from burgers to mac and cheese, sandwiches, and wraps. I enjoyed a blackened chicken sandwich with sweet potato fries that was extremely satisfying. Next to me, Elizete Velado ordered a meal that was so generously portioned, she was able to take leftovers back to the office. Shaina Zuppke had a satisfying wrap pictured to the left. When asked for quotes about their meals for this article, I received lots of satisfying “yum”s and thumbs-up from members as they dined intently. We all received our orders promptly and at the same time, and our cups were never empty. The service was excellent even though the restaurant was moderately busy. Being a Friday, I had my son with me at the office, and the staff was so helpful, offering extra assistance while I carried his stroller upstairs. It is safe to say the restaurant is extremely child-friendly. The menu is fairly priced, and all signature cocktails are $10. There are regular food and drink specials as well as a happy hour menu that varies. The volume level inside is pleasant enough to hold a meeting with colleagues, or you can just

Clockwise from left, Travis Russell, Chris Santospirito, Bruce Connolly, Joel Hyatt, Shaina Zuppke and Eunice Gedeon. run out for a quiet bite on your own upstairs. Overall, the environment transports you away from the hustle and bustle of downtown and into a more relaxed mood. I can’t say enough good things about my experiences at 10 Twenty Five so far, and I encourage you to give it a try. ⚖

10 Twenty Five Downtown Fort Myers 33 Patio De Leon • 239-208-6903 10TwentyFive.net Hours: Monday-Thursday: 11 a.m.-11 p.m. Friday: 11 a.m.-1:30 a.m. Saturday: 10 a.m.-1:30 a.m. Sunday: 10 a.m.-10 p.m.

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

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Attorney Guest Column SEAN ELLIS, ESQ.

Gatherings key to work of SWFL Real Estate Council

he Southwest Florida Real Estate Council has enjoyed a successful past 12 months thanks in large measure to its robust calendar of events. The council, which encompasses both Lee and Charlotte counties, assembled a jam-packed event in Punta Gorda, networking over cocktails with Charlotte County realtors, lawyers, and industry leaders, and hearing presentations from the Charlotte County Airport Authority and the Sunstream Resorts project. In Fort Myers there was an evening seminar on Cyber Fraud, and in south Lee County a lunch seminar on e-Closings. Representatives from the Royal Palm Coast Realtor Association presented to area attorneys on how the association serves the industry, including legislative and lobbying efforts. This spring, we return the favor by conducting a seminar for the Realtor Association. The functions included a purely collegial gathering at the Downtown Social House in Fort Myers where lawyers from all real estate-related disciplines, area bankers, title insurance industry reps, consultants and others rabbled up after work, making new relationships and toasting old ones. We work in an increasingly impersonal business world, aided by email and other tools of avoidance. Technology is essential, but getting out from behind our desks is likewise necessary. The council endeavors to promote not only community among real estate lawyers, but to extend a spirit of collaboration across the real estate industry. Assembled

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teams of professionals work more efficiently on real estate transactions if they fully understand each team member’s skill. When every party in a transaction has a relationship — not just a task list — deals get done, and they get done smoothly. There are attorneys real estate councils all over the state creating rapport by hosting events and providing opportunities to gather and discuss issues affecting our industry. A coalition of 21 local real estate councils across Florida represents more than 1,100 Florida real estate attorneys. The Real Property, Probate and Trust Law section of The Florida Bar has collaborated with the councils on a statewide level. The mission of the councils is rooted in a belief that real estate attorneys are uniquely qualified to better protect the public in real estate transactions. Therefore, not only are these councils committed to leadership and education but also to promoting Florida real estate attorneys. Learn how to join at flarecs.com/local-recs/ southwest-florida. ⚖

Sean Ellis is a shareholder in the Fort Myers office of Roetzel & Andress, and the president of the Southwest Florida Real Estate Council.

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LCBA Judges Spotlight

Magistrate Kim Bocelli

1. I was born and raised in Fort Myers and lived in the Buckingham area for most of my childhood. One of my chores was to feed our animals (cows, horses and chickens), including bottle-feeding calves when needed. 2. I switched from wanting to become an architect to wanting to become a lawyer after watching re-runs of “Matlock” on summer break in middle school. 3. My first job was at the Things Remembered kiosk inside Sears at the Edison Mall, where I engraved gifts and made keys. During college, I worked as a server at Cracker Barrel. 4. Rather than graduating from the University of Florida early (thanks to my IB and AP credits from high school), I decided to bump my Spanish minor up to a double major (along with economics) and to study abroad in Seville, Spain. I really enjoyed Spain and would love to go back. 5. Despite being unathletic most of my life, I picked up running as a hobby after settling into law firm life. I have completed three full marathons, two half-Ironman triathlons, as well as countless half-marathons, 10Ks, 5Ks, and sprint/ Olympic triathlons. I am now getting back into running but consider myself retired from triathlons.

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Family, friends and the legal community turned out for the Investiture of the Hon. Carolyn Swift in the Commission Chambers at the Old Lee County Courthouse. Swift, elected to a circuit judgeship last year, was sworn in by the Hon. G. Keith Cary.

Photos: Jim Jett Photography

6 1. Toni Peck, Dennis Wallace, Theresa Daniels 2. Matt Roepstorff, Sheriff Carmine Marceno 3. Hon. Carolyn Swift, Hon. Nicholas Thompson 4. Hon. Carolyn Swift, Andrea Smith, Kayla Richmond 5. Hon. Carolyn Swift, Rick Swift, Rickie Swift, Maggie Swift, Hon. G. Keith Cary 6. Hon. Carolyn Swift 7. Rickie Swift, Rick Swift, Hon. Carolyn Swift, Maggie Swift

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Parvey & Frankel Attorneys, PA

Bergermann Law Firm

Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A.

Patrone & Kemp, PA

Bonita Springs City Attorney’s Office Boyle & Leonard, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC

John Webb Legal Group, P.L.

Buchanan Ingersoll & Rooney PC

Knott Ebelini Hart

Calvo & Calvo

Kuhn Law Firm, PA

Cody & Linde, PLLC

Kushner & Kushner

Coleman & Coleman

LaDonna J. Cody, P.A., Attorney at Law

Cole Scott & Kissane, P.A., Bonita Springs Office DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A.

Law Firm of Scott T. Moorey The Law Office of Brantley Oakey

Spivey Law Firm, Personal Injury Attorneys P.A.

The Law Office of Michael M. Raheb, P.A.

Strayhorn and Persons, P.L.

Florida Rural Legal Services

Law Offices of Dennis L. Webb, P.A.

Toll Law

Fort Myers City Attorney’s Office

Lee County Legal Aid Society, Inc.

Vernis & Bowling of Southwest Florida, P.A.

Garvin Law Firm

Levins & Associates, LLC

Viacava & Cantor Attorneys at Law

Geraghty, Dougherty, Edwards & Stockman, P.A.

Maughan Law Group

Viles & Beckman, LLC

Goldberg Noone, LLC

McQuagge Law Firm

Yeslow & Koeppel, P.A.

Pavese Law Firm Richard Johnston Law

Kelleher Firm

Robert Harris Law Firm Roetzel & Andress, L.P.A. Rubinstein, Holz & King, P.A Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Simmons Law Firm, P.A.

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.

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.

239-332-4543 RespectfulDivorces.com Julia L. Finman, Esq.

RES GESTAE

Sheldon E. Finman, Esq.

⚖ April 2019

2134 McGregor Blvd., Fort Myers, Fl 33901

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

LEARN HOW WE CAN SAVE YOU TIME AND MONEY TO HELP YOUR PRACTICE GROW. • • • • • • • •

QuickBooks Product Selection QuickBooks Setup & Implementation Bookkeeping Onsite/Offsite - Monthly, Quarterly, Annually Trust Accounting Case Management Integration - Cloud/Desktop Payroll Discounted Rates We Work With Your Needs and Budget in Mind

OUR SOLUTIONS ARE TAILORED TO YOUR PRACTICE! O: 239.541.0097 • C:239.357.5595 TotalQuickbooksSolutions.com Carrie@TotalQuickbooksSolutions.com Carrie Kane, Owner/Operator

1342 Colonial Blvd., Suite D30 | Fort Myers, FL 33907 April 2019 ⚖ RES GESTAE

In The news

The personal injury law firm of Goldberg Noone LLC has opened a new office in Cape Coral. The location is at 1625 SE 47th Terrace, just off Del Prado Boulevard. The firm’s three partners — Scot D. Goldberg, Michael Noone and Sheba Abraham — are Cape Coral residents. The firm’s principal office will remain in downtown Fort Myers at 1533 Hendry St., Suite 200. Christina Harris Schwinn of the Pavese Law Firm, John Webb of the John Webb Legal Group, P.A., and Kelly L. Fayer of Kelly L. Fayer, P.A. recently met with a group of 50 Lee County high school students who were given a behind-the-scenes tour of the Lee County Justice Center. Junior Achievement of Southwest Florida arranged the event, which included a judges’ panel discussion.

Grant Fridkin Pearson, P.A. has named Charles C. Whittington shareholder. Whittington is a member of the firm’s real estate and business practice groups and has been practicing law in Southwest Florida since 2011. Whittington’s experience includes commercial and residential real estate transactional matters, including acquisition, disposition, finance, leasing and development. He counsels clients on a wide variety of commercial transactions and business relationships, including business formation, the purchase or sale of businesses, non-competition covenants and landlord tenant matters.

Suzanne Boy, John Agnew and John Potanovic have formed Boy Agnew Potanovic, PLLC, a new firm that finds proactive solutions in employment, business and government law. The Fort Myers-based outfit has two of fewer than 200 attorneys statewide who are Board Certified in labor and employment law. Plans are in the works for a human resources seminar later this year.

Send us your news at ResGestae@LeeBar.org. See more LCBA members in the news at LeeBar.org/in-the-news.

RES GESTAE

⚖ April 2019

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

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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

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

OUR EXPERIENCE IS IMPORTANT BECAUSE

your experience is important. 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. Edison National Bank/Bank of the Islands customers enjoy:

• free online and mobile banking • no-fee access®to their account funds at any Publix

Presto! ATM

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including commercial and residential mortgage loans

Leah Kirby, Vice President, River District Office Manager; Susan Nasworthy, Senior Vice President, Retail Administrator; Darrin Grotrian, Asst. Vice President, Sanibel-Captiva Asst. Office Manager; John Ammons, Vice President, Cleveland Avenue Office Manager; Willy Ocasio, Vice President, Sanibel-Captiva Office Manager

To learn more about our customer services and convenient locations, please visit EdisonNationalBank.com or call 239.466.1800. An Equal Housing Lender | Member FDIC | Bank of the Islands is an office of Edison National Bank.