Res Gestae - February 2019

FEBRUARY 2019

Presidential Prestige The LCBA's leadership legacy

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

Contents

features

AD DIRECTORY

20 Past presidents

distinguish LCBA as

bar of prestige

34

Brad Jessen, Edward Jones

37

by Chuck Myron

Business Observer

13

24

New committee aims to improve LCBA member health, wellness

Calvo & Calvo Attorneys at Law

35

CONRIC PR & Marketing

23

CopyLady IFC

by Chuck Myron

On the cover: Front row: John D. Agnew, R. Thomas Corbin, Hon. Josephine Gagliardi, Robert D. Pritt and Michael D. Randolph. Middle row: Keith S. Grossman, Steven G. Koeppel, Andrew S. Epstein, Scott Atwood and James T. Humphrey Jr. Back row: Karla Y. Campos-Andersen, Marcy L. Shaw, John C. Webb and Kelly L. Fayer.

20

Copy IT

15

DeMine Immigration Law Firm

29

Denise Kennedy

23

Direct Impressions

37

Donna Tisch

17

Edison National Bank

BC

Fort Myers Court Reporting

29

Garvin Law Firm

18

Henderson, Franklin, Starnes & Holt, P.A. 27

Photo courtesy ofJim Jett Photography

Joe Viacava Law

departments

Kelleher Firm

19

Kempton P. Logan

13

6

Law Firm of Scott T. Moorey

11

Law Offices of Dennis L. Webb

35

8

Lawyer Referral Service

14

Leonard P. Reina

11

Leslea Ellis, LLC

27

Livingston Loeffler, P.A.

19

McHale, P.A.

35

Letter from the President

by John Webb, Esq.

Letter from the Executive Director

by Lisa Poulin

10 Calendar of Events 12 Ethically Speaking

by Henry Lee Paul, Esq.

24

Men's Rights Law Firm Merit Court Reporting, Inc.

IBC

9 13

16 YLD Spotlight

by Nicole Brunswick, Esq.

Morgan & Morgan

7

Musca Law Office, Inc.

3

18 Advertiser's Spotlight

Robins/Kaplan, LLP

19

Roetzel & Andress

11

Sexto Productions

36

Finman Law

22 Legal Lens

Sheldon E. Finman, P.A.

LCBA Social

Simon Harrison

30 The Dish

Spivey Law Firm, P.A.

Keke's Breakfast Café

32 #KindLee Spotlight

LCBA Foundation partnership

34 LCBA Judges Spotlight

Hon. James D. Sloan

36 LCBA Members Spotlight

Jarred Duke, Esq.

38 In The News

4

All Native Construction

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⚖ February 2019

30

9 29 5

Sproat Workplace Investigations

17

Stockman Mediation

15

The North Law Firm, P.A.

33

Total QuickBooks Solutions

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Veranda Restaurant

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Von Ahn & Associates

33

William DeForest Thompson Jr., LLC

15

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Letter from the president One of the best parts of the LCBA is the numerous opportunities it provides every member to contribute to the betterment of the organization and our community, while also expanding their own professional and personal networks.

When I began as president, I expected to implement some of my ideas to provide additional services to our members, seek out new sponsors, and plan great events. To date, we’ve already held our first social of the year and a bowling event that was well-attended by members and their families. We also held our swearing-in ceremony at our monthly membership luncheon in January, when our Executive Council and Young Lawyers Division officers were installed. We’ve been blessed with supportive, generous sponsors for all these events. We’ll be providing more member benefits and sponsorship opportunities throughout the year, so don’t hesitate to contact the bar office for information.

As you are reading this, high school students from throughout Lee County just completed this year’s mock trial competition. We were fortunate to again host the competition at the Lee County Justice Center.

I want to give special thanks to Shaina Zuppke and Eunice Gedeon for all of their hard work in organizing this wonderful event, as well as to all the members of the judiciary and local attorneys who volunteered their time.

Soon, we’ll hold our annual Law in the Mall event, LCBA blood drive, and Law Week Luncheon. Our planning committees are coming together for the LCBA BBQ & Shrimp Boil, and our practice sections are continually hosting meetings that provide great CLE opportunities, networking and collegial mentorship.

To say the least, if you haven’t yet renewed your LCBA membership, I encourage you to do so as soon as possible. Your membership, participation and sponsorships help fund the programs and events we hold and provide a great community service. Stop by the LCBA office if you have any questions on how to get the most out of your membership.

John C. Webb, Esq. john@johnwebblegal.com | 239.313.7362

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LEE COUNTY BAR ASSOCIATION 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. #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 Jason Gunter, Esq. & Conor Foley, Esq. Tort Litigation Preston John (PJ) Scheiner, Esq.

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Letter from the executive director A new year always brings new opportunities and beginnings.

As we settle into 2019, it’s important for us to have your participation.

Members are the heart of the LCBA and we need your involvement.

We have many opportunities to get involved, from attending one of our regular membership luncheons to joining one of our practice sections. Most of our practice section meetings offer a one-hour CLE credit for FREE with online registration. For a list of all the practice section areas, see page 6.

We also offer an in-house CLE library, too. All our CLEs are audio, so you can listen to them in your car at your convenience. If you would like to see what is available for checkout, please contact Kheila Perez at 239-3340047, ext. 101.

You may also stop by our office. We are here MondayFriday from 9 a.m.-5 p.m. Please remember, you are the heart of the LCBA, and your participation is very important. We need you to stay connected and committed!

We also provide an online public membership directory. The directory helps you connect with other attorneys and build your client list. It gives you an opportunity to upload a current photo, add your contact information and publish your practice areas.

You will need to create a username and password, so if you haven’t done this yet, please do so. If you need assistance, please let us know.

The award-winning Res Gestae magazine continues to serve as a focal point for members to advertise at a discounted rate and learn about other attorneys who could be a resource for you. It provides a calendar of all upcoming events and the opportunity to read educational and interesting articles. Your suggestions and comments are very important to me. Are you happy with the Res Gestae? What would you enjoy reading? What is your favorite thing about the magazine? I look forward to your ideas and comments.

We are ready for you to get involved.

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. Tiffany Pereira, Esq. Hon. James D. Sloan Jarred Duke, 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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February 2019 ⚖ RES GESTAE

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

FEBRUARY

1-2

Lee County High School Mock Trial Competition

Feb. 1, 9 a.m.-5 p.m., Feb. 2, 9 a.m.-3 p.m., Lee County Justice Center, 1700 Monroe St., Fort Myers.

8

Young Lawyers Division Monthly Lunch Meeting

21

Family Law Section Brown Bag Luncheon

11:45 a.m.-1 p.m., Lee County Justice Center, courtroom TBA, 1700 Monroe St., Fort Myers.

28

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.

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

8

Real Property, Probate and Trust Law Brown Bag Lunch

Noon-1 p.m., Lee County Justice Center, courtroom TBA, 1700 Monroe St., Fort Myers. The meeting will address the Heckerling Update.

8

Investiture of the Hon. Carolyn Swift

3 p.m.-4 p.m., Lee County Commission Chambers, 2120 Main St., Fort Myers.

MARCH

1

Solo and Small Firm Practice Quarterly Breakfast Meeting 8 a.m, Gunter Law, 1514 Broadway, Suite 101, Fort Myers.

1

8

Real Property, Probate and Trust Law Brown Bag Lunch

Noon-1 p.m., Lee County Justice Center, courtroom TBA, 1700 Monroe St., Fort Myers. The meeting will address special needs guardianships.

22

Past Presidents Luncheon

Noon-1 p.m., Sidney and Berne Davis Art Center, 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. Visit leebar. org for more information.

21

Land Use Bar Lunch Meeting

Noon-1 p.m., Lee County Public Works, first floor conference room, 1500 Monroe St., Fort Myers. The meeting will address special needs guardianships.

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.

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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Ethically speaking

BY HENRY LEE PAUL, ESQ.

BELL TOLLS FOR LAWYERS FACING

DISCIPLINE

T

he Florida Supreme Court has dramatically increased the severity of discipline imposed on Florida lawyers. Practitioners in the area of lawyer discipline are keenly aware of this fact.

In a December 20, 2018 opinion, the Court made a clear statement that it will closely review and will not hesitate to increase discipline it does not consider adequate. In The Florida Bar v. Kinsella, SC17-55 (Fla. 2018), the Court reversed a referee’s recommendation to impose a 10-day suspension.

Instead, the Court imposed a three-year suspension.

Jacqueline Kinsella had recently become a member of The Florida Bar and was working at Kohl’s department store to try and make ends meet. While working at Kohl’s, she stole funds in an amount of less than $1,000. She entered a plea of no contest and adjudication was withheld for a misdemeanor charge. She made restitution and successfully completed criminal probation.

Kinsella fully cooperated with The Florida Bar, admitted her misconduct, and explained she had financial difficulties prior to admission to The Florida Bar and that these problems had been subject to investigation by the Florida Board of Bar Examiners. These financial difficulties persisted after admission. She voluntarily entered a contract with Florida Lawyers Assistance to address debt management concerns.

After a hearing, the referee found substantial mitigating factors and recommended a 10-day suspension. The Florida Bar sought review of the recommended sanction. After a briefing was completed, the Court issued an order to show cause in March 2018 as to why it should not impose a sanction up to and including disbarment. The Court also immediately suspended Kinsella in the March order.

It has become commonplace for the Court to issue orders to show cause as to why discipline recommended by a referee, or agreed to by The Florida Bar in a consent judgment, should not be dramatically increased. In another recent case, out of the Tampa branch, The Florida Bar agreed to a conditional consent judgment of a 10-day suspension.

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The referee approved the consent judgment. On its own initiative, the Court issued an order to show cause as to why it should not impose as much as a three-year suspension.

At the writing of this article, it is unknown what the final resolution of the Tampa branch case will be. Respondent’s counsel requested the case be returned to the referee because the referee had not heard testimony and simply approved the consent judgment. The terms of the consent judgment state that if it is not approved, “then it shall be of no effect and not used by the parties in any way.” If a lawyer facing discipline enters into a consent judgment with The Florida Bar, it is advisable that they enter this type of conditional agreement, as opposed to an unconditional agreement often requested by The Florida Bar, because it is likely that conditional consent judgments will allow for an additional hearing by the referee if the judgment is rejected by the Court. An impact of the active review by the Supreme Court of discipline cases is that the willingness of The Florida Bar to enter into consent judgments has been severely chilled. As a result, the number of discipline cases tried in 2019 can be expected to increase dramatically. ⚖

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YLD spotlight

BY NICOLE R. BRUNSWICK, ESQ.

New service initiative brings young lawyers, young children together

E

xcitement and education were the buzzwords last month as members of the Lee YLD and I attended the Florida Bar Young Lawyers Division Affiliate Outreach Conference. The conference, better known as the AOC, took place on January 11 and 12 in St. Augustine, where we presented our grant application for the Lee YLD’s yearlong service initiative, called the Child Literacy and Law Project.

This was a great opportunity for Lee YLD members to develop professional relationships and network with other representatives from all over the state. The AOC also offered several opportunities for entertainment, including a scavenger hunt, fun run, live music, an awards luncheon and much more.

This year, the Lee YLD will continue to build on Past President Joel Hyatt’s successful literacy initiative by partnering with Child Care of Southwest Florida to improve child literacy and education in the community. If you are not familiar with Child Care of Southwest Florida, or CCSWFL for short, it is an organization that provides child care to low-income families with a focus on preparing children for success in both academics and life.

Our 2019 service project will differ from the one we did last year. This time, Lee YLD members will make periodic visits throughout the year to one of CCSWFL’s Learning Centers and engage in hands-on activities with the children.

Members may read with the children, get their minds and bodies moving as part of a more active learning experience, or both.

The Lee YLD’s goal is to use this opportunity as a fun way to help the children become acquainted with the practice of law. During each visit, members will hold a Q&A session that

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gives the children a chance to ask questions and learn more about each member’s individual area of practice. The Lee YLD will also hold a year-end event at a local venue where CCSWFL teachers, children and their families can have fun and interact with Lee YLD members.

We are eager to see the children develop potential mentor relationships with Lee YLD members, and we are enthusiastic about giving Lee YLD members the opportunity to serve as role models and interact with the community.

The Lee YLD has been fortunate to receive grant funding and awards in previous years from the Florida Bar Young Lawyers Division, and we are hopeful to continue that trend this year. Any grant monies received will allow us to further our goal of improving child literacy and education.

For more information about future events and to get involved in Lee YLD’s Child Literacy and Law Project, be sure to follow us on Facebook. You can also contact our secretary, Eunice Gedeon, at Eunice.Gedeon@ leecountylegalaid.org to be added to our email list. Plus, you can attend our monthly membership lunches, which take place the first Friday of every month. We look forward to seeing you there! ⚖

Nicole R. Brunswick is an associate at the Simmons Law Firm, P.A. Nicole focuses her practice in family law. Nicole grew up in Fort Myers and later went on to earn 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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February 2019 ⚖ RES GESTAE

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past presidents distinguish lcba as bar of prestige

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Mayors. Judges. Even a lieutenant governor of Florida.

If the roster of LCBA past presidents reads like a who’s who of the Southwest Florida legal community, that’s because it is. So many of the most prominent people in law have served at the helm of the LCBA, which has benefited and endured for the past 70 years in large measure through the strength of its leadership.

Presidents Day on February 18 is a time when America honors its most respected leaders, and the LCBA makes a similar recognition. Among the most esteemed annual LCBA traditions is the Past Presidents Luncheon, scheduled this year for March 22. Last year’s event brought past presidents from as far back as 1955 to share their wisdom, insight and passion with today’s membership.

The names in the list below represent not just where the bar has been but where it’s going, as well. It is only upon a sturdy foundation that a strong building can rise, and with a history of leaders as distinguished as these, the LCBA is in prime position to keep moving skyward.

1949 William Wood 1950 Frank C. Alderman Jr. 1951 John Woolslair 1952 Parker Holt 1953 Norwood Strayhorn 1954 Frank E. Starnes 1955 Frank A. Pavese Sr. 1956 vacant 1957 Charles M. Roberts 1958 Lloyd G. Hendry 1959 Frank B. Watson Jr. 1960 George E. Allen 1961 James A. Franklin Jr. 1962 William L. Stewart 1963 Walter O. Sheppard 1964 Douglas L. Waldorf Sr. 1965 Arthur K. Knudsen Jr. 1966 Hon. Elmer O. Friday Jr. 1967 Travis A. Gresham Jr. 1968 Hon. Robert T. Shafer Jr. 1969 John Savage 1970 John W. Sheppard 1971 Hon. George T. Swartz 1972 J. Thomas Smoot Jr. 1973 Harry A. Blair 1974 Dwight A. Whigham 1975 Morton A. Goldberg 1976 vacant 1977 Richard D. DeBoest 1978 Ralph A. Richardson 1979 Ronald W. Smalley 1980 James T. Humphrey Jr. 1981 William H. Shields 1982 Hon. Joseph A. Simpson 1983 A. John Hughes Jr. 1984 Hon. James H. Seals

1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019

Michael J. Corso Hon. R. Thomas Corbin E. G. Couse Terrence F. Lenick Rochelle Z. Catz John W. Lewis Stephen E. Dalton Hon. Kathy A. Sturgis Eugene (Chip) H. Smith Robert D. Pritt Harold (Buddy) N. Hume Jr. Kinley I. Engvalson Peter J. Gravina Lt. Gov. Jeffrey D. Kottkamp Stephen B. Russell Hon. Josephine Gagliardi Kurt A. Streyffeler Steven G. Koeppel Scott Wm. Weinstein Dennis L. Webb Miguel C. Fernandez III J. Tom Smoot III Paul E. Liles Marcy L. Shaw Keith S. Grossman Andrew S. Epstein Michael D. Randolph Karla Y. Campos-Andersen Hon. Mary C. Evans John D. Agnew Anne Dalton Scott Atwood Kelly L. Fayer Daniel J. Endrizal III John C. Webb

February 2019 ⚖ RES GESTAE

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legal lens LCBA SOCIAL

Dozens of LCBA members attended the first LCBA Social of 2019, held on January 10 at Downtown Social House. The free event is the first of many planned for the year ahead and included food, drinks and lots of networking in a relaxed atmosphere.

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1. Michael Covey Davis, Andrew Epstein, John Webb, Christopher Smith 2. Lisa Poulin, Jonathan Martin, Kheila Perez 3. Kelly Fayer, Karla Campos-Andersen, Kaydence Andersen, Nanci DuBois 4. John Webb, Michael-Anthony Pica, Marcy Shaw, Jarred Duke 5. John Agnew, Keith Grossman, Andrew Banyai 6. Matt Roepstorff, Hon. Josephine Gagliardi, Jarred Duke, Spencer Cordell

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Photos courtesy of Jim Jett Photography

âš– February 2019

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New committee aims to improve LCBA member health, wellness

Group expands on Florida Bar efforts

By Chuck Myron Photos courtesy of Jim Jett Photography

John Miller, John Webb and Joel Hyatt

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A

ttorneys and judges need their health at full strength to properly do the difficult work of seeking justice. Unfortunately, the burdens of the task often put health at risk.

The long hours and the gravity of the case work can lead to anxiety and burnout, not to mention lack of exercise, poor eating habits, and alcohol and drug abuse. Lawyers are 3.6 times more likely to be depressed than people in other professions, according to research cited by Dina Roth Port in an ABA Journal article published online last May. The litany of other disturbing statistics is too lengthy to list. Much of them stem from a joint study by the American Bar Association and the Hazelden Betty Ford Foundation published in 2016. It was around that time that The Florida Bar took action, emphasizing the importance of mental health through its creation of the Special Committee on Mental Health and the Special Committee on Mental Health and Wellness for Florida Lawyers.

The Florida Bar also hosts an online Mental Health and Wellness Center on floridabar.org.

Yet for LCBA member John Miller, that represents only one piece of the puzzle.

“Mental health and physical health are so closely tied together that it’s hard to talk about mental health without talking about physical health as well,” he said.

The new LCBA Health and Wellness Committee, which Miller co-chairs along with Joel Hyatt, takes a comprehensive view. Members of the committee believe the full body, including the mind, deserves attention. That’s why they plan to be a conspicuous part of the bar beginning this year, providing members with opportunities to take part in healthy activities and education about how to get healthy and stay that way.

“The goal in the first year as we roll out this committee is really just to engage the membership and get them involved as much as possible,” Hyatt said. “We want to hear what they want in terms of health and wellness.”

Health and Wellness Committee co-chairs Joel Hyatt and John Miller

February 2019 ⚖ RES GESTAE

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The first events and outreach efforts are still in the planning stages, but some of the ideas the committee has include volleyball games, fun runs, yoga classes and a speaker series featuring health experts.

“We’ve also been talking about distributing health and wellness tips to members every month,” Miller said.

Even as the committee continues to organize and gather momentum, plenty of resources exist for those health and wellness tips. The American Bar Association hosts an 80page toolkit on its website that defines lawyer wellbeing and healthy workplaces, lays out an eight-step healthy action plan for legal employers, lists ideas for healthy activities and events, and more.

Education and activities are the two tentpoles of the committee’s plans, according to Hyatt. In addition to developing events of its own, the committee will seek to inform LCBA members about existing opportunities within the community to improve their health, Miller said.

From a broader perspective, the committee’s work is an outgrowth of new LCBA president John Webb’s designs on maximizing member benefits. It was Webb who had the initial idea of localizing The Florida Bar’s health push.

“The committee was his brainchild,” Hyatt said. “He made it a priority to bring that here to Lee County.”

Webb leads by example, routinely exercising and playing softball as he balances his responsibilities as bar president and the leader of a small firm. Hyatt and Miller both say they’re getting involved in more healthy activities as well.

“When John (Webb) asked me to be a part of this committee, I thought it was a great opportunity to share

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that involvement with other members of the bar,” Hyatt said.

Public Defender Kathy Smith is also on the committee, meaning not one but two members are on the LCBA Executive Council, underscoring just how much of a priority it is.

“Achieving a healthy work-life balance in the legal profession has never been more important and is a key factor in our overall wellness,” Smith said. “A simple 30minute walk per day with your favorite playlist can help build your body and rejuvenate your mind!”

The committee members share a passion for improving attorney health and wellness, and there’s incentive for everyone.

Stewart Levine, editor and curator of the book “The Best Lawyer You Can Be: A Guide to Physical, Mental, Emotional, and Spiritual Wellness,” has drawn links between greater attorney wellbeing and a higher level of client service, an outcome that could help individual attorneys and the public perception of the legal profession as a whole.

The choice to live healthier is ultimately up to each individual, but the ripple effects can be felt far and wide.

The members of this new committee understand that everyone won’t take part, but if they can deliver resources that provide assistance to LCBA members who want to improve their wellness, and better information about health challenges and solutions specifically tailored to the legal community, they’ll have accomplished what they set out to do. ⚖

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Lee County Bar Association's 100 Club Absolute Law

Goldstein, Buckley, Cechman, Rice & Purtz, P.A.

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GrayRobinson, P.A.

O’Halloran & O’Halloran, Attorneys at Law

Men’s Rights Law Firm

Associates and Bruce L. Scheiner, P.A.

Green, Schoenfeld & Kyle, LLP

Osterhout & McKinney, P.A.

Avery, Whigham & Winesett, P.A.

Grossman Law & Conflict Management

Parvey & Frankel Attorneys, PA

Bergermann Law Firm

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

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Boyle & Leonard, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC

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Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A.

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Law Firm of Scott T. Moorey

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The Law Office of Brantley Oakey

Spivey Law Firm, Personal Injury Attorneys P.A.

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Florida Rural Legal Services

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Garvin Law Firm

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the dish

BY TIFFANY PEREIRA, ESQ.

Keke’s Breakfast Cafe will keep you coming back

W

hile there are plenty of local mom-and-pop restaurants, I jumped at the opportunity to write about Keke’s Breakfast Café, a restaurant that recently opened locations in both Fort Myers and Cape Coral. Solely operating in Florida, Keke’s offers a variety of breakfast and lunch items in over 30 locations statewide. All locations are open from 7 a.m.-2:30 p.m. every day except for Thanksgiving and Christmas.

I first heard of Keke’s during a Young Lawyers Division monthly meeting as several of my colleagues reminisced about enjoying brunch at the various Keke’s locations near their law schools. I happened to be meeting my mother for brunch late one morning before heading downtown to work, so we decided to try the Cape Coral location. Located in the Northpoint Shopping Center, across from the Super Target on Pine Island Road, this location is convenient for anyone in the north Cape or North Fort Myers areas. In Fort Myers, another location has opened in the new Whole Foods plaza on Daniels Parkway. A second Fort Myers location is scheduled to open soon, near Hobby Lobby by Colonial Boulevard and Interstate 75.

“It’s like your hometown diner grew up and went to the city,” boasts Keke’s slogan. I couldn’t agree more. The breakfast menu is divided into categories such as waffles, pancakes, French toast, stuffed French toast, omelets, poached egg meals, egg favorites, kid’s breakfast and side items. Each one of these subcategories has a variety of options, each fully customizable to the customer. Plate after plate of waffles stacked sky high and pancakes the size of a large plate kept coming out of the kitchen. The omelets were mouthwatering as well. There really is something for everybody from comfort food fans to health-conscious.

The lunch menu is equally as diverse, featuring sandwiches, burgers, wraps, salads, kid’s lunches and sides. I had a wild hankering for a simple grilled cheese, but even that was customizable, from the bread to the types of cheeses and any other toppings I may have wanted. I ordered a side salad, which is not a simple item either. There is no

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“standard” salad. Each salad is made with your choice of lettuce, vegetables, cheeses, meats and the like. My mother opted for a club sandwich, which she swore was the best club she has ever had. It must have been, because my husband tried hers and ordered the same sandwich the next time we went.

My second trip to Keke’s was on a weekend before Christmas, so I assumed it would be packed with shoppers looking to refuel between stores. Though the restaurant was busy, and we had a short wait, the service was still excellent, with our orders coming out of the kitchen just as quickly as they did on a quiet weekday morning. The staff is friendly and welcoming, and our glasses were never empty.

I recommend this restaurant for both personal and professional meetings. There is room for larger parties if you are looking to grab lunch with a group of friends, but the environment is also suitable for a weekday meeting with a client or colleague. I took pictures of our meals, but I must say the photos on Keke’s social media accounts do the restaurant much more justice. I am eager to return and order one of the many breakfast specialties.

If you are an LCBA member and would like to share an experience at a local restaurant, please reach out to us! We would love to hear about new places or old favorites. We are expanding The Dish to feature reviews from guest writers. If you wish to write about a featured restaurant, please email tiffany@thepereiralawfirm.com. ⚖

1847 NE Pine Island Road #610, Cape Coral, FL 33909 13451 Brookshire Lake Blvd., Fort Myers, FL 33912

Photos above left top to bottom: Side salad, turkey club with onion rings, Carolina Chicken Wrap.

Photos above right top to bottom: French toast with fresh strawberries, bananas, blueberries and powdered sugar, Florida pancakes topped with fresh strawberries, bananas, blueberries and powdered sugar, Cuban panini.

COMING SOON: 7949 Dani Drive, Unit 100, Fort Myers, FL 33966 kekes.com IG: @kekesbreakfastcafe

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.

February 2019 ⚖ RES GESTAE

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#KINDLEE COMMUNITY SPOTLIGHT

I

Kindness found: #KindLee, LCBA Foundation better together

t’s bringing the community together with the bar. The #KindLee Committee, entering its third year, has established a tradition of LCBA members uplifting the greater Southwest Florida community.

The same can be said of the LCBA Foundation, established in 2016.

Now combined, the two work toward building a better community. The #KindLee Committee will continue its efforts to spread random acts of kindness as a component of the foundation, which was created by the bar with the intention of making outreach its primary focus.

“We’re bringing the bar’s charitable giving and charitable outreach aspects into the community,” foundation president Scott Atwood said. “At the suggestion of new LCBA President John Webb (an outgoing Foundation board member), collaboration with #KindLee seemed like the logical next step.” #KindLee co-chair Kelly L. Fayer is now a part of the foundation’s Board of Directors, and as a dedicated contributor to charitable affairs throughout the area, she’ll help Atwood toward his goal of increasing community awareness of the still-nascent foundation.

Also on the board is former LCBA Executive Director David Seitz, the manifestation of another of the foundation’s goals for 2019: to get more non-lawyers involved. All LCBA

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members are automatically members of the foundation, but to maximize its impact, Atwood would like to see people from around the community help shape the foundation’s focus.

“More volunteers are welcome,” he said. “We’re always open to ideas.”

The foundation is still in the planning stages for its major 2019 events, including the LCBA Foundation Charity Golf Tournament, set for May 4, and the annual wine tasting later in the year. Last year, the golf tournament raised $22,000 for the foundation’s annual allocations, which distributed thousands to organizations including Valerie’s House, the Lee County Legal Aid Society, the Lee County chapter of the Special Olympics and the Family Resource Center of Southwest Florida.

As the foundation grows, the idea is to allow bar leadership to concentrate on serving members while the foundation fulfills the bar’s obligation to serve the community in ways big — as embodied by the large-scale fundraising the foundation does — and small — like each #KindLee act. ⚖

Top photo: Hon. James Adams, Jay Brett. Middle photo: John Webb, Cedric Hall, Scott Atwood, Kristalyn Loson, Tom Uhler, Beverly Grady and Shannon Puopolo. Bottom photo: Kelly Fayer.

Foundation Board of Directors for 2019 Scott Atwood, president Kelly L. Fayer Cedric Hall Kristalyn Loson Shannon Puopolo Mike Randolph David Seitz #KindLee Committee Co-Chairs Kelly L. Fayer Amanda Bartley

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LCBA Judges Spotlight

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⚖ February 2019

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February 2019 ⚖ RES GESTAE

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LCBA Members spotlight

Jarred Duke, Esq.

1. I married my high school sweetheart. We met in eighth grade at Evangelical Christian School, started dating in 11th grade and married after we both graduated from FGCU. We now have a son named Hudson.

2. My wife and I lived in New York City while I attended law school at NYU. The City was a blast, but the cold weather and expensive lifestyle made coming back to Fort Myers an easy choice.

3. I was an all-state football player in high school. But don’t be too impressed; I played in the smallest classification in Florida.

4. I have a love-hate relationship with the Miami Dolphins. Everyone in my family is a devoted fan, but it’s tough to support perpetual mediocrity. Maybe we will have a chance once the Patriots stop cheating. …

5. I serve as the chair of the Board of Trustees for Evangelical Christian School. It is very rewarding to give back to my alma mater.

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LCBA WELCOMES NEW MEMBERS ASHLEY H. FARAONE

Lee County Legal Aid Society Inc.

AMY S. THIBAUT Pavese Law Firm

SAMUEL F. COLBURN Brennan Manna Diamond, P.L.

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February 2019 ⚖ RES GESTAE

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In The news

Roetzel & Andress, LPA has elected shareholders Paul A. Giordano and Ashley D. Lupo to the firm’s eight-member Board of Directors.

Giordano is based in the firm’s Fort Myers office while Lupo works out of Naples.

Giordano serves as the practice group manager of the firm’s Business Litigation Group. He joined Roetzel & Andress as a partner in 2012. Lupo joined the firm as an associate in 2002 and became a partner in 2007.

Richard Akin has been elected a stockholder of Henderson, Franklin, Starnes & Holt, P.A. Akin joined the firm in 2012 and is a member of the Tort & Insurance Litigation division.

A graduate of Florida State University for his undergraduate and law degrees, Akin concentrates his practice on representing local municipalities, businesses, insurance companies and individuals in civil, employment and tort claims. He also represents businesses and individuals in administrative litigation, including licensing and permitting matters.

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

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

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