JUNE 2019
Fathers in Law
balance work, family
THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION
Contents AD DIRECTORY
features 22 Fathers in Law
22
LCBA dads juggle tough jobs at work, home by Chuck Myron
28 How to prepare for mediation
by Denise Wheeler Wright
On the cover: LCBA members (clockwise from top) Spencer Cordell, Derrick Isaac, Jerry Von Gruben, Joel Hyatt, Cedric Hall and Jonathan Martin with their children. Photo: Jim Jett Photography
departments 6
Letter from the President by John Webb, Esq.
8
26 Legal Lens
LCBA Foundation Charity Golf Tournament
Letter from the Executive 30 The Dish Director Danger Danger by Lisa Poulin
10 Calendar of Events 12 Ethically Speaking by Henry Lee Paul, Esq. 14 Practice Section
Appellate Law by Alex Brockmeyer, Esq.
16 YLD Spotlight by Nicole Brunswick, Esq. 18 Legal Lens
Law Week Luncheon & Awards
19 Advertiser's Spotlight
Kelleher Firm
20 Legal Lens
Law Week Awards Luncheon
30 32 #KindLee Community
Spotlight Bringing together kids and
assisted living residents for Easter
34 LCBA Judges Spotlight
Honorable Andrew Swett
36 LCBA Members Spotlight
Spencer Cordell
38 Legal Lens
Past Presidents Luncheon
38 100 Club
Boy, Agnew, Potanovic 9 Brad Jessen, Edward Jones 33 Business Observer 9 Calvo & Calvo Attorneys at Law 39 CONRIC PR & Marketing 32 CopyLady IFC Copy IT 41 DeMine Immigration Law Firm 9 Denise Kennedy 11 Direct Impressions 41 Donna Tisch 41 Edison National Bank BC Fort Myers Court Reporting 34 Garvin Law Firm 38 Henderson, Franklin, Starnes & Holt, P.A. 27 Joe Viacava Law IBC Kelleher Firm 17 Law Firm of Scott T. Moorey 14 Law Offices of Dennis L. Webb 37 Leonard P. Reina 37 Leslea Ellis, LLC 27 Livingston Loeffler, P.A. 35 McHale, P.A. 37 Men's Rights Law Firm 19 Merit Court Reporting, Inc. 39 Morgan & Morgan 7 Musca Law Office, Inc. 3 Niehaus Business Services 15 Real Estate Advisory Services, LLC 11 Robins/Kaplan, LLP 13 Roetzel & Andress 36 Sexto Productions 15 Sheldon E. Finman, P.A. 11 Simon Harrison 33 Spivey Law Firm, P.A. 5 Sproat Workplace Investigations 31 Stockman Mediation 39 The North Law Firm, P.A. 35 Total QuickBooks Solutions 21 Veranda Restaurant 35 Voit Econometrics Group, Inc. 13 Von Ahn & Associates 17 William DeForest Thompson Jr., LLC 21 Wright Mediation 13
40 Legal Lens
20 42 In The News
20 4
RES GESTAE
Law in the Mall & Law Week Blood Drive
âš– June 2019
Our advertisers support the LCBA. Please do your best to support them!
Dedicated to every client you refer
Auto Accidents Motorcycle Accidents Truck Accidents Wrongful Death Victims of Drunk Drivers Slip & Fall Accidents Maximum Referral Fees Paid
239.337.7483 Main Office
13400 Parker Commons Blvd Fort Myers, FL 33912
SpiveyLaw.com Serving ALL of Florida Randall L. Spivey, Esq. Board CertiďŹ ed Civil Trial Attorney
Letter from the president The month of June is finally here, and I could not be more excited. Surprisingly, it is not due to the seemingly endless rise in temperature that June brings, or the daily afternoon monsoons that send us sprinting to our vehicles in hopes that we may dodge the cascading rainfall. Rather, there are a variety of great programs scheduled for June with the LCBA, ranging from workshops and CLE opportunities to some enjoyable outdoor activities. Friday, June 7, will be quite the day for the LCBA, as our Diversity and Inclusion Committee will present the third annual Diversity Workshop and Luncheon. That’s where we will have the distinct honor of welcoming Florida Bar President Michelle Suskauer to Lee County as one of our three guest speakers for the event, along with Arlene Goldberg and Brian Kruger. The presentations are sure to be very instructive and provide outstanding perspective about the importance of continuing to attain greater appreciation of the diversity around us as well as the promotion of inclusiveness. Before the Diversity Workshop and Luncheon, on the morning of Friday, June 7, the Solo and Small Firm Practice Section will hold a meeting at 8 a.m. at the Gunter Firm, where we will discuss marketing for solo and small firms. Finally, please join us at 7 o’clock that evening for a night at the ballpark. The LCBA will be hosting a family-friendly social at the Fort Myers Miracle game as the Miracle take on the Jupiter Hammerheads. There are many other events scheduled for June, so make sure you view the calendar on page 10 for the dates and times of the scheduled practice section meetings, and head to leebar.org to register for our Board and Brush Social on Saturday, June 22.
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.
John C. Webb, Esq. john@johnwebblegal.com | 239.313.7362
6
RES GESTAE
⚖ June 2019
TORT LITIGATION
Preston John (PJ) Scheiner, Esq.
Letter from the executive director Because June 16 is Father’s Day, I would like to tell you about my dad. He is the youngest of 16 children. When he was 12 years old, he became very ill. He contracted encephalitis from an infected mosquito and was in a coma for a month. When he awoke, he suffered from extreme memory loss and had epilepsy. From that moment, my dad’s life was changed forever. Not only did he have to deal with seizures for the rest of his life, but there were limits to what he could do. Still, he never became depressed. As his daughter, I saw that no matter what my dad was going through, he never lost his faith in God and always accepted the bad with the good. He never lets epilepsy take his beautiful smile and personality away. I have learned so much from my dad over the years. He has given me the strength to overcome obstacles in my life when I thought I couldn’t. My father is my role model, my strength and my hero. He is my strong shoulder to cry on and always there when I need him. I want to wish my dad a happy Father’s Day and the same to all the other dads too. Great fathers in the world truly make a difference in our lives. We have many great fathers among us in the LCBA. I'm always impressed to see how they manage to pay so much care and attention to both their jobs and families. It's quite a balancing act. Turn to page 22 to learn how they do it (and to see some amazing photos, too).
Lisa Poulin, Executive Director LPoulin@leebar.org | 239.334.0047
8
RES GESTAE
⚖ June 2019
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. Alex Brockmeyer, Esq. Nicole R. Brunswick, Esq. Denise Wheeler Wright, Esq. Matt Roepstorff, Esq. Hon. Andrew Swett Spencer Cordell, Esq.
CONTRIBUTING PHOTOGRAPHER Jim Jett Photography
BILLING INQUIRIES 239.334.0047
Res Gestae is an award-winning magazine published monthly by CONRIC PR & Marketing 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 PR & Marketing. 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 from the Lee County Bar Association. To inquire about such permission, please contact the Lee County Bar Association at info@leebar.org.
6216 Whiskey Creek Drive, Suite B Fort Myers, FL 33919 239.690.9840 | ConricPR.com | info@ConricPR.com
Proactive Legal Solutions for Employers
Your business is our business. Employment ■ Business ■ Government John Potanovic, Suzanne Boy, and John Agnew
We represent businesses in employment law matters – from hire to termination and everything in between. We provide legal counseling and training to help employers identify legal risks, and collaborate with them to create solutions that work for their workplaces, both private and public sector. While our goal is typically to help clients avoid claims and lawsuits, when litigation cannot be avoided, we are also experienced litigators prepared to defend our clients through trial and appeal.
bapfirm.com ■ 239.208.6500 4415 Metro Parkway, Suite 110 | Fort Myers, FL 33916
LEGAL
NOTICE ADVERTISING NEED A PRICE ESTIMATE? Call 941-906-9386
Email: Legal@businessobserverfl.com businessobserverfl.com
XNLV16351
• Low competitive flat rates • Online verification • Electronic invoicing and E-filing capabilities • Qualified legal status • Professional staff to assist you
Meet your legal notice requirements with our broad coverage to publish in Lee, Collier, Charlotte, Sarasota, Manatee, Pinellas, Pasco, Hillsborough, Polk and Orange counties, or any combination of the ten.
FLORIDA’S LEADING BUSINESS PUBLICATION
Helping Your Clients Achieve Their American Dream by Providing Comprehensive Services for All Areas of Immigration Law Family Based Visas • Business Based Visas Waivers and Unlawful Presence Removals and Deportations
DeMine Immigration Law Firm, P.A. 239.208.2680 info@demineimmigration.com 1625 Hendry Street, Suite 103 Fort Myers, FL 33901
Eligible to Practice Immigration Law Nationwide
Indera DeMine, Esq.
June 2019 ⚖ RES GESTAE
9
calendar of events Dates of some practice section meetings have not been confirmed. Check leebar.org for details!
JUNE
RSVP and register at leebar.org or call 239-334-0047.
7
Solo and Small Firm Practice Section Meeting
8-9 a.m., Gunter Firm, 1514 Broadway, Suite 101, Fort Myers.
7
LCBA Diversity Workshop and Luncheon
11:30 a.m.-1 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. Florida Bar President Michelle Suskauer will speak. 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.
7
LCBA Social Event Miracle Baseball Game
7 p.m., Hammond Stadium at CenturyLink Sports Complex, 14400 Six Mile Cypress Parkway, Fort Myers. The Fort Myers Miracle will play the Jupiter Hammerheads. Food and beverages are included.
13
14
Real Property, Probate and Trust Law Brown Bag Lunch Meeting
Noon-1 p.m., Lee County Justice Criminal Center, Courtroom 5F, 1700 Monroe Law Practice Section Meeting St., Fort Myers. The discussion will
10 a.m.-noon, Lee County Justice Center, Courtroom 5H, 1700 Monroe St., Fort Myers. Chris Cosden and Jerry Brockmeyer will present “All About Writs and Changes to Civil and Criminal Appeals.” Two CLE credits included.
14
LCBA Young Lawyers Division Lunch Meeting
Noon-1 p.m., 10 Twenty Five (upstairs), 33 Patio De Leon, Fort Myers. All attorneys under age 35 or in their first five years of practice are invited to attend.
center on retirement planning.
22
LCBA Board and Brush Social
10 a.m.-noon. Board and Brush, 14261 S. Tamiami Trail No. 18, Fort Myers. Paint and enjoy muffins, fruit and mimosas. Tickets are $35 and space is limited. Register at leebar. org or call 239-334-0047.
27
LCBA Pro Bono Committee Meeting
Noon, Green Cup Café, 1412 Dean St., No. 100, Fort Myers.
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
10
RES GESTAE
⚖ June 2019
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.
Sheldon E. Finman, Esq.
2134 McGregor Blvd., Fort Myers, Fl 33901
MEDIATION, ARBITRATIONS AND GLOBAL SETTLEMENT CONFERENCES IN:
Court Appointed Receiver, Property Management and Specialty Oversight
Kenneth P. Saundry, Jr. brings 39+ years of business and real estate management experience to each Court Appointed Receiver assignment. Estates • Divorces or Family Disputes Guardianships • Bankruptcy Property Oversight and Supervision Foreclosure, or ‘Workouts’ Litigation Support Excellent Experience working with Lenders, Attorneys and Court Supervised Assignments.
>>
PERSONAL INJURY
>>
NURSING HOME
>>
INSURANCE DISPUTES
>>
CONTRACT DISPUTES
>>
CONSTRUCTION
>>
REAL PROPERTY
>>
MALPRACTICE
EXPERIENCE IN DEVELOPING STRATEGIES AND PATHWAYS TO RESOLUTION!
FULL TIME
DENISE H. KENNEDY, ESQ. CERTIFIED CIRCUIT-CIVIL MEDIATOR | QUALIFIED ARBITRATOR
> > OVER 30 YEARS CIVIL LITIGATION EXPERIENCE REPRESENTING
PLAINTIFFS AND DEFENDANTS >> OVER 4000 MEDIATIONS AND ARBITRATIONS >> BOARD CERTIFIED IN CIVIL TRIAL LAW (1995) >> AVAILABLE THROUGHOUT 20TH AND 12TH JUDICIAL CIRCUITS WITH NO TRAVEL FEE
239.348.1114 RealEstateAdvisoryServices.co Kenneth P. Saundry, Jr.
215 Caribbean Road, Naples, FL 34108-3408
June 2019 ⚖ RES GESTAE
11
Ethically speaking BY HENRY LEE PAUL, ESQ.
RULE CHANGE SHIFTS BURDEN FOR CREDIT CARD PROCESSING FEES
L
awyers may now collect credit card processing fees from clients, according to a change to Rule 4-1.5(h) (See, SC18-881). As of March 5, the rule now states, “Lawyers may charge clients the actual charge the credit plan imposes on the lawyer for the client’s transaction.” A credit card is considered to be a credit plan. The rule formerly provided that “No higher fee shall be charged and no additional charge shall be imposed by reason of a lawyer’s or law firm’s participation in a credit plan.” The Florida Bar previously took the position, in Ethics Opinion 76-37 and other materials, that for funds deposited in trust, processing fees had to be taken from the operating account or immediately reimbursed by the lawyer. Now that the amendment is in effect, The Florida Bar’s Professional Ethics Committee will consider whether to modify or withdraw the opinion. Although the amendment, on its face, appears straightforward, there remain numerous practical matters on which The Florida Bar will be called on to provide guidance. One concern is that a lawyer who now collects credit card processing fees pursuant to the revised rule should make sure that this fact is adequately communicated to the client. It is uncertain what disclosure The Florida Bar will require in advertising that references acceptance of credit cards. Another concern is whether lawyers may start charging credit card fees to existing clients when the clients agreed to the representation with terms that provided for no charge to the client for processing fees. These concerns
12
RES GESTAE
⚖ June 2019
will be addressed by the Professional Ethics Committee at the annual meeting of The Florida Bar in June 2019. In the interim, I suggest that any lawyer with questions regarding the application of the amendment call the Ethics Hotline at 800-235-8619. UPDATE ON MAY ARTICLE AND LAWYER REFERRAL SERVICES In my May article, I reported on lawyer referral arrangements and the then-pending controversial amendment to Rule 4-7.22 that was under consideration by the Florida Supreme Court. The amendment would have prohibited qualifying providers from referring to lawyers and other professionals such as medical providers. Since the writing of that article, the court made a decision on April 15 to reject the proposed amendment (SC18881). This controversial proposed amendment would have prohibited such referral services such as “411 Pain” and “Ask Gary” from referring cases to lawyers. Justice Jorge Labarga dissented. This opinion is significant not only because the court rejected the proposed amendment, but because it may be a harbinger of a new direction in lawyer regulation taken by a court with three new justices. Previously it was the court itself that directed The Florida Bar to propose the amendment that has now been rejected by the newly composed Supreme Court. ⚖ 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.
Choose VOIT for the preparation of QDROs What sets us apart from the rest? • 25 years of experience • Ability to perform calculations of value and marital components • Our ability to review and consult on MSA language and appellate briefs
Tim Voit, President
Contact Voit prior to MSA being signed for optimal results suggested settlement agreement language can be provided to protect you and your client.
800.557.8648 askvoit@vecon.com
vecon.com 24831 Old 41 Rd., Suite 1 • Bonita Springs, FL 34135 239.948.7711
TOGETHER, WE’LL FIND A SOLUTION
LAWRENCE A. FARESE CERTIFIED CIRCUIT COURT MEDIATOR
40+ Years of Litigation Experience Board Certified Civil Trial Lawyer Board Certified Business Litigation Lawyer Call me directly at 239 213 1973
LAWRENCE A. FARESE LFARESE@ROBINSKAPLAN.COM DIRECT LINE: 239 213 1973
Approaching mediation with the experience of a litigator, the impartiality of a neutral, and the determination of an active problem solver.
Certified Circuit Civil Mediator
employment cases • business disputes • civil litigation
Board Certified in Labor and Employment Law
Conducts investigations of workplace issues/employee complaints and audits of workplace practices for businesses throughout the U.S. Experience with private and public entities.
239-312-3258 WrightMediation.com
711 FIFTH AVENUE SOUTH | SUITE 201 | NAPLES, FL 34102
Denise Wheeler Wright June 2019 ⚖ RES GESTAE
13
appellate Law BY ALEX BROCKMEYER, ESQ.
Distinguishing between certiorari proceedings and appeals from nonfinal orders
I
n Florida, orders are either final or interlocutory. Unless an interlocutory order falls within the scope of Rule 9.130, Florida Rules of Appellate Procedure, an appellate court may not review the order. Keck v. Eminisor, 104 So. 3d 359, 36364 (Fla. 2012).
A narrow exception to this rule occurs when a party invokes an appellate court’s original jurisdiction through a petition for writ of certiorari.1 Id. at 364. As an original proceeding, certiorari does not affect the jurisdiction of a trial court unless a trial court grants a stay. In re J.T., 947 So. 2d 1212, 1218 (Fla. 2d DCA 2007) (quoting Curry v. State, 880 So. 2d 751, 755-56 (Fla. 2d DCA 2004)). Practically speaking, what does this mean? Of particular interest is that a trial court may amend or vacate orders that are subject to certiorari proceedings. Compare Gibraltar Private Bank & Trust c. Schacht, 220 So. 3d 1234, 1235-36 (Fla. 3d DCA 2017); The Event Depot Corp. v. Frank, __ So. 3d ___, 2019 WL 1781676 (Fla. 4th DCA 2019). A trial court can arguably even enter a final order disposing of the case. See Fla. R. App. P. 9.100(h) (stating that an order to show cause only stays proceeding in a trial in writ of prohibition proceedings).2
1 Other original proceedings exist. This article, however, focuses on just certiorari proceedings. 2 Whether this makes sense is an entirely different matter.
14
RES GESTAE
⚖ June 2019
Like a petition for writ of certiorari, an appeal under Rule 9.130, Florida Rules of Appellate Procedure, does not divest a trial court of jurisdiction. Fla. R. App. P. 9.130(f). Absent a stay, trial courts may proceed with all matters, including a trial or final hearing. Id. However, unlike a certiorari proceeding, a trial court cannot enter a final judgment. Id.; Hunter v. Hunter, 72 So. 3d 268 (Fla. 2d DCA 2011); Gibson v. Progress Bank of Florida, 54 So. 3d 1058 (Fla. 2d DCA 2008). Rendition of a final judgment while an appellate court considers a nonfinal appeal interferes with the appellate court’s jurisdiction. Certiorari proceedings differ from Rule 9.130 appeals in another respect: Rule 9.130 appeals divest trial courts of jurisdiction to the extent their action is under review. Fla. R. App. P. 9.130(f). Thus, trial courts do not have jurisdiction to amend, modify, or vacate orders subject to an appeal under 9.130, Florida Rules of Appellate Procedure. Soles v. Soles, 536 So. 2d 367 (Fla. 1st DCA 1988). ⚖
Alex Brockmeyer is co-chair of the LCBA Appellate Practice Section and an attorney at Boyle & Leonard, P.A. He focuses his practice in appellate and original proceedings in both state and federal court.
Is your client buying or selling a business? We provide guidance and solutions for businesses with annual revenue between $500K and $50M. business valuations ■ business sales ■ acquisition searches exit planning ■ growth strategies ■ mergers and acquisitions
Contact Edison Avenue Capital, LLC 239.565.3171 SteveNiehaus.com 7181 College Parkway, Suite 40 • Fort Myers, FL 33907
Steven G. Niehaus
Business Broker/Business Intermediary
FL License: SL3338271
June 2019 ⚖ RES GESTAE
15
YLD spotlight BY NICOLE R. BRUNSWICK, ESQ.
CHILDREN’S OUTREACH, HAPPY HOUR, FITNESS KEEP YLD CALENDAR FULL
I
t has been a busy couple of months for the Lee YLD! In April, Melissa Mongiello, Kati Cook, and I visited Child Care of Southwest Florida’s P.A. Geraci Child Development Center to read with the children.
Nicole Brunswick and children
We each had an opportunity to visit two classrooms with children between the ages of 2 and 3. We of course did not come empty handed! We brought drinks, snacks, and books for the children. They were excited to have us, and it was great to see how much they interacted with us and enjoyed the books.
which was a great success! We hope we inspired LCBA members to get active and to stay with it throughout the year. Next month we will shift our focus to our annual Holidays in July charity event. That’s when we partner with the Children’s Network of Southwest Florida to provide local foster children with presents, activities and a special appearance from Santa Claus. As always, we are looking for volunteers to help purchase and wrap the presents and to help out on the day of the event. If you would like to volunteer, please contact me at Nicole@itsmylegalright. com. If you are interested in participating and would like to stay informed about future Lee YLD events, be sure to like and follow our Facebook page, as we post event updates there in addition to our reminder email blasts to Lee YLD members. If you would like to be added to our email list, please contact Eunice Gedeon at Eunice@leecountylegalaid.org. ⚖
We made sure to provide a few different categories of books, and unsurprisingly the children were most drawn to the books that they could interact with and touch. It was a truly rewarding experience, and the children were more than excited for us to come back. We plan to return for another visit again this month. We are always looking for volunteers to read with the children. Please do not hesitate to reach out to me at Nicole@itsmylegalright.com if you are interested in volunteering. We will also be sending out emails prior to our next visit, so be sure to keep an eye out. Later in the month, we had our first YLD happy hour of the year at 10 Twenty Five. The Lee YLD provided drinks and the Simmons Law Firm, P.A. supplied the food. It was a great turnout and opportunity for the young lawyers to network and catch up with one another. We plan to hold more happy hours in the future, as those are some of our most wellattended events! Last month we held our Health and Wellness Challenge,
16
RES GESTAE
⚖ June 2019
Melissa Mongiello, Nicole Brunswick and Tiffany Pereira. 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 Lee YLD, Nicole serves on the Association of Family Law Professionals Board of Directors and the Lee County Legal Aid Society Board of Directors.
June 2019 âš– RES GESTAE
17
legal lens LAW WEEK AWARDS LUNCHEON
Law Week culminated in the Law Week Awards Luncheon, where the LCBA recognized exceptional accomplishments in law enforcement, law-related education and citizenship. Several dignitaries were on hand for the event at the Sidney & Berne Davis Art Center. Continued on page 20
1
2
3
4
7 1. 2. 3. 4. 5. 6. 7. 8.
8 18
RES GESTAE
Hon. Carolyn Swift, Rich Haberle Michael-Anthony Pica, Keith Grossman Asher Knipe, George Gift Hon. Geoffrey Gentile, Grant Alley, Ita Neymotin, Hon. Andrew Swett Cape Coral Councilman John Gunter, Cape Coral Councilman John Carioscia, Sanibel Mayor Kevin Ruane. Jennifer Gutmore, Hon. John McGowan John Agnew, Lee County Commissioner Brian Hamman State Attorney Amira Fox, Matt Roepstorff, Tyler Lovejoy, John Webb
For more pictures, visit the photo gallery at LeeBar.org âš– June 2019
Photo credit: Jim Jett Photography
6
5
Advertiser's spotlight KELLEHER FIRM
HARD WORK, DEDICATION TO CLIENTS, SET KELLEHER FIRM APART
T
he blue-collar background of Jim Kelleher and his partners is the guiding force behind The Kelleher Firm, PA.
Kelleher grew up in Buffalo, New York, as the son of police officer he describes as the quintessential Irish cop. “He is a big guy and a man of few words,” Kelleher said. “But when he spoke, I assure you we all listened.” The Kellehers taught their children to show love, respect, diligence and gratitude to God, values that are still with Jim today. That’s why at The Kelleher Firm, clients come first. “Our lawyers intentionally do not carry huge caseloads so that they can give focused attention to each matter,” Kelleher said. “We give all our clients our cell phone numbers so that they can reach us whenever they need to, including nights and weekends.”
Kelleher pays special attention to the clients other attorneys refer to him. “We understand that they have a choice about where to send their clients who are injured, and we truly appreciate the confidence they show in our firm when they refer them here,” Kelleher said. Kelleher takes his role as part of the greater community of attorneys seriously, and he sees sponsorship of the LCBA as a must. “I believe it is our responsibility to give back to the young lawyers of today so that they will have the same opportunities that we had,” Kelleher said. “Our agreement to be a sponsor of our local Lee County Bar Association was easy. Once I met Executive Director Lisa Poulin and listened to her vision for the organization, I was sold immediately.” ⚖
MEN’S RIGHTS LAW FIRM Men’s Rights Aggressively Defended
Divorce • Custody • Child Support • Appeals An experienced team led by Board Certified Attorney Matthew P. Irwin, Esq. Advocating for men’s rights since 2003
We work to ensure that your legal interests are competently presented throughout your family law matter. Free Telephone Consultation. Practicing in Lee, Collier, and Charlotte Counties.
239.829.0166 • 4TheMen.com 2799 Del Prado Blvd., S. • Cape Coral, FL 33904
June 2019 ⚖ RES GESTAE
19
legal lens LAW WEEK AWARDS LUNCHEON
Joanne Atkins was honored with the Liberty Bell Award, the most prestigious honor the bar bestows, for her service as the longtime judicial assistant to the Hon. John Carlin and her tireless work as the unofficial co-chair of the Law Week Committee. Officer of the Year honors and the Dr. James A. Adams Lee County Teacher of the Year for Law-Related Education Award were also given out.
1
2
3
5 1. 2. 3. 4. 5.
6.
6 20
RES GESTAE
âš– June 2019
Lee County Sheriff's Officers of the Year Brian Walkowiak and Ryan Lynn with other agency members. Fort Myers Police Officer of the Year Roger Valdivia with City Manager Saeed Kazemi and other agency members. Liberty Bell Award winner Joanne Atkins, Hon. G. Keith Cary. Eunice Gedeon, Dr. James A. Adams Lee County Teacher of the Year for Law-Related Education Award winner Jaclyn Baker, Shaina Zuppke. Cape Coral Police Officer of the Year Jonathan Duffy with Cape Coral Councilman John Carioscia, Cape Coral Councilman John Gunter, Cape Coral Mayor Joe Coviello and other agency members. Sanibel Police Officers of the Year John Jakubowski (left) and Magdiel Bernier (right) with Sanibel Police Lt. Elizabeth Buikema.
Photos: Jim Jett Photography
4
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 June 2019 ⚖ RES GESTAE
21
22
RES GESTAE
âš– June 2019
Fathers in Law balance work and family
By Chuck Myron Photos by Jim Jett Photography
June 2019 âš– RES GESTAE
23
T
hey work stressful jobs with long hours. Then grown children who has his own family law practice. “Put your children’s events on your calendar, even it’s home to the most nerve-wracking, timeif it’s during the workday,” Grossman said. “It’s just as consuming job of them all: parenthood. important as client meetings and court hearings.” Men with legal careers and children face any number His advice to younger fathers is to put their children of challenges throughout the day and long into the night. Whether it’s filing a motion, taking depositions or first. As important as legal work is, fatherhood is even more so, Grossman believes. changing a dirty diaper, these “fathers-in-law” must do “You only have 18 years to build a bond it all. with your children and teach them Joel Hyatt’s schedule is beyond hectic. The to be good people. You may father of a 2-year-old and two 11-month-old have 50 years to work as an twins commutes from his home in Naples attorney,” he said. “Don’t to the downtown Fort Myers office of waste the 18 years.” Hahn Loeser & Parks, where he focuses There’s no avoiding his practice on complex commercial, the impact of construction, real estate and fatherhood on a community association litigation. He’s career, said Lee active in the LCBA as the co-chair of County Legal Aid the Health and Wellness Committee, Society Executive and last year he was the LCBA’s Young Director Andrew Lawyers Division president. Banyai, who has three “It’s a constant balancing act,” Hyatt children under the age said. “As lawyers, it is really easy for us to of 10, including a 2-yearbe consumed by our work. My wife works old. full time as well, so we make a concerted “I have had many effort to plan activities with our children jobs, and none of those every weekend. Getting out of the house for activities ensures that we are focusing Joel Hyatt with Harrison (11 months), jobs are anywhere near as difficult as caring Hannah (11 months) and Ezra, 2. our attention on the kids.” for an infant,” Banyai Scheduling and prioritization play a said. “If anyone thinks they’re going to have a baby, and key role for Goldstein, Buckley, Cechman, Rice & Purtz attorney Derrick Isaac, who has a 6-month-old daughter. it won’t affect the time and energy they devote to their His family calendar and work calendar are often booked work, they are fooling themselves.” But having children can lend insight and perspective out months in advance. That’s smart policy, according to that enhances your work, according to the Hon. Judge LCBA Past President Keith Grossman, a father of three Robert Branning. The father of two handles dependency and juvenile dockets, working with emotionally taxing cases in which children have been subject to abuse, abandonment and neglect. “My kids were 5 and 3, respectively, when I took over those cases. To say it didn’t have an impact would be disingenuous,” Branning said. “I genuinely believe having kids in that age range made me a better judge, more empathetic to the situations the parties were going through in the court process, while at the same time, making me acutely aware of how much of an impact we have on the lives of our children, even if it’s not deliberately intended.” Spencer Cordell, an LCBA board member and criminal trial lawyer with his own firm, is grateful for what his 7-year-old and 6-year-old have taught him.
Derrick Isaac with Cecilia May, 6 months.
24
RES GESTAE
⚖ June 2019
“Having kids helps keep me on my toes and knowing that I always have to be prepared, which is invaluable in a courtroom,” he said. Criminal justice attorney and solo practitioner Cedric Hall’s 9-year-old twin daughters have helped him sharpen his focus and become more flexible. “Having children has also helped build patience as well,” Hall said. “I am a work in progress as an attorney and father.” So many LCBA fathers make a conscious effort to be the best parent they can. Like Cordell, who coached his son’s baseball team this year, Branning doesn’t want to be an absentee father. He strives to give his children his undivided attention at home, and when one of them has a soccer game, a gymnastics event, or another extracurricular activity, he makes it a point to be there. “Remember, it’s not about you,” he said. “Our children deserve to see the best version of ourselves, irrespective of what has happened in court, or with a client. If you had a bad day, it’s not their fault, and that kind of emotional cloud shouldn’t follow you home.” While there are some exceptions, the courtroom is
Spencer Cordell with Tristan, 7, and Tatiana, 6. for work and the home is for family, Branning said. Hyatt has a similar philosophy. “Set boundaries. The best advice I received was whatever you are doing, be present,” Hyatt said. “Otherwise, neither your clients nor your family are getting the attention they deserve.” But sometimes, there aren’t hard and fast lines. Jerry Von Gruben knows this well. The father of five runs a practice along with his wife, Cristy, and he gets creative. “I think modern technology can be a very useful tool in this regard,” Von Gruben said. “When opportunity presents itself throughout the day, I often make ‘video calls’ to my children, and on special days, I will take one of them with me to work.”
The treacherous Jerry Von Gruben with dance fathers in Helen, 12, Joseph, 4, the legal profession Adele, 10, Alessandra, 8, must do to thrive in their careers and and Brian, 5. their family lives might dissuade many from even trying. But Cordell believes such fears are unfounded. “My advice to first-time fathers is to just go for it,” he said. “You’re never fully ready, but as long as you’re ready to give lots of love, you are going to do just fine!” ⚖
Cedric Hall with Cydney, 9, and Camille, 9 June 2019 ⚖ RES GESTAE
25
legal lens LCBA FOUNDATION CHARITY GOLF TOURNAMENT
A record 130 players turned out to The Forest Country Club for the LCBA Foundation Charity Golf Tournament. The Lee County Sheriff's Office team of Capt. Mike Tamulionis, Capt. John Haberman, Lt. Jimmy Heuglin and Detective Matt Ansell won the men's division with a score of 50. The Henderson Franklin team of Kyle Dudek, Casey Dudek, Bruce Sands and Nick Stokke captured the coed championship with a 51.
3
1
2
4
6 1. Scott Atwood, Ethel Wells, Lovie Wells 2. Shannon Puopolo, Spencer Cordell 3. Ken Jurek, Sean Ellis, Bruce Harwood, Ryan O'Halloran 4. Cory Jones, Brian Cheffer, Todd Menendez, Ken Jones 5. Jay Brett, Hon. James Adams, Lee Viacava, Jeff Rice 6. Peter Knize, Andrew Banyai 7. Andrew Santos, Dan Detrick, Rick Williams, Falco McPherson For more pictures, visit the photo gallery at LeeBar.org
7 26
RES GESTAE
âš– June 2019
Photo credit: Jim Jett Photography
5
ESTATE & P RO B AT E LIT IGAT IO N
At the crossroads of conflict and estate and trust litigation Settling an estate can be complicated—especially if it is contested and litigation becomes necessary. We represent clients with cases brought to us solely for representation in matters such as breach of fiduciary duty, tortious interference with inheritance, undue influence, contested guardianship, incapacity, and others. Let us be your partner for estate and trust litigation. For more information, contact Eric Gurgold, Esquire, Practice Chair, at eric.gurgold@henlaw.com.
Helping to protect our clients and their loved ones since 1924
henlaw.com • 239.344.1100 © Henderson Franklin Starnes & Holt, P.A.
Fort Myers • Bonita Springs • Naples
Leslea Ellis, LLC
Certified Public Accountant Certified Fraud Examiner
Let Us Draft A Plan For Equitable Distribution
www.LesleaEllis.com
6326 Presidential Ct Suite 2 Fort Myers, FL 33919
(239) 690-6500
June 2019 ⚖ RES GESTAE
27
SPECIAL FEATURE BY DENISE WHEELER WRIGHT
How to Prepare for Mediation
M
any parties going into mediation feel stressed because they don’t know what to expect. Being prepared for mediation helps everyone involved have a successful experience. The following suggestions provide a guide for how to prepare.
didn’t evaluate in your pre-mediation analysis. However, if you do get confronted with a previously unknown fact or issue, it is helpful to have explained to your client beforehand that one benefit of mediation is learning more about the other side’s position.
1. Investigate and Evaluate
2. Craft your arguments
Before a mediation, make sure you know the facts and legal issues in the dispute. It is never a good feeling to be surprised at mediation by facts or legal issues you weren’t aware of, especially in front of your client. Interviewing key witnesses, reviewing all relevant documents and questioning your client’s position before mediation should ensure that you don’t get blindsided by issues you
In your opening statement at mediation, outline your most compelling facts and arguments. Understand that if your arguments are too aggressive, you risk motivating the other party to defend their positions in court to maintain their reputation and pride. Conversely, if you omit arguments because you fear being too offensive, your opponent may discount those arguments or believe
28
RES GESTAE
⚖ June 2019
you are too uncomfortable to make them. Consider the personality of the opposing party and the history of the relationship between the parties to gain insight on how the opposing party will likely react to your arguments.
3. Select your client representative In some mediations, there is only one person with the decision-making authority who can attend the mediation. However, when there is more than one person who can attend the mediation with settlement authority, it is usually best to have someone whose actions did not result in the claim being brought. The person who sparked the action is typically defensive, less objective and may be resistant to settlement. It is also a good idea to make sure that the person who is most familiar with the facts is available at least by telephone, if not physically present, to answer questions that may arise. Finally, make sure that if certain settlement parameters have been set before mediation, the person who could authorize a settlement beyond those parameters is also available in case good reasons to exceed the previously set limits emerge. Another common issue that arises is when a client wants to bring a spouse, a parent, a significant other or some other non-party with them to mediation to assist them in the decision-making process. If the person feels strongly about bringing someone with them, it will likely assist the mediation, because they will feel more comfortable with their decisions. However, they should realize that the other side need not grant their request to allow the non-party to participate. Ideally, this issue should be sorted out between the attorneys before the mediation to avoid any surprises.
4. Bring evidence you are prepared to share At mediation, for every argument you make, the mediator and opposing counsel are likely to ask, “What evidence supports that claim?” or “What case law supports that argument?” Sharing that information with the mediator is helpful, but sharing it with the other side is more likely to impact the negotiation. Parties are sometimes reluctant to share case law, documents and witness statements out of fear they may lose the advantage of surprise during litigation if the claim is not resolved at mediation. That advantage must be weighed against the benefit of adjusting the other side’s perception of the value of their case and getting a better result at
mediation. Especially when mediation takes place before any significant discovery, adequate information flow must exist for the parties to constructively assess each other’s positions and formulate responses or proposals for consideration. Those positions will always carry more weight when supported by evidence or case law for the other side to review at mediation or even before mediation. The reward of sharing information is often greater than the risk.
5. Manage expectations Frequently parties are surprised about several aspects of mediation that experienced litigators sometimes take for granted. Mediation is a process that works best over a longer period, usually over an entire day and sometimes into the evening. When parties think that mediation will take only a few hours, they become impatient at the lack of quick progress and are more likely to want to cut to the chase. Cutting to the chase often results in impasse because it requires the other party to make one large compromise instead a series of smaller compromises that are easier to accept. Also, it is important that none of the mediation participants have scheduling conflicts that would prevent their participation in any part of the process. On a related note, parties should understand that the first offer they receive will not be close to what they think is a reasonable resolution. It is important not to be offended by an offer you find to be unacceptable. Parties should understand from the onset that it does not matter how the negotiations start — it is only important where they end up. Getting there requires an understanding of the process.
Conclusion Being prepared for mediation helps ensure success. A successful mediation is one in which both sides are willing to compromise and hopefully reach a mutually satisfying resolution. ⚖
Denise Wheeler Wright is the owner and founder of Wright Mediation Inc. After spending 24 years litigating business disputes, she now mediates all types of civil claims and disputes. Denise also conducts workplace investigations regarding complaints of harassment, discrimination, hostile work environment, fraud and improper conduct. She can be reached at denise@wrightmediation.com.
June 2019 ⚖ RES GESTAE
29
the dish BY MATT ROEPSTORFF, ESQ.
Danger Danger’s culinary risk-taking a thrill for adventuresome diners
N
early three years after its first announcement, Danger Danger has made its much-anticipated debut in Cape Coral. The collaborative effort is a new and eclectic concept, combining the talents of Shannon Yates from Nevermind Awesome Bar & Eatery and the crew of Greg Gebhard, Jovana Batkovic and Skylar Denison from Nice Guys Pizza. Danger is located in a small center unit on Cape Coral Parkway, next to Iguana Mia and facing the new Southeast 47th Terrace. Despite little signage or bright lights, word of the new menu and exceptional tastes has spread quickly. The marriage of Nevermind and Nice Guys has produced a menu that offers anything but your traditional take on pizza, tacos and fried chicken. Using fresh ingredients, a combination of flavors, and proprietary sauces, such as Gump Sauce, Root Beer BBQ, and Happy Meal (sweet and sour), Danger provides a unique twist on traditional favorites – nearly impossible to find anywhere else in Lee County.
Photo above: breakfast tacos made with eggs, chorizo and more. Photo below: sundried tomato pesto pie made with sundried tomato pesto, fresh mozzarella, sprouts, garlic and Parmesan.
The names of menu items are as fun and enjoyable as the food itself. For pizzas, the Brazilian Love Affair, Yum Yum, Oink Oink, and Jacob’s Pie are
30
RES GESTAE
⚖ June 2019
can’t-miss. Abandoning old pizza chain offerings of “meat lovers” or “supreme” pizzas, Danger incorporates Asian flavors from pad thai (Pad Thai Pizza), barbecue pork Photo above: vegan falafel burger - crispy chickpea (Oink Oink patty, tons of herbs, pickled onions, arugula, chimiPizza), shallot churri, tzatziki. cream sauce with mushrooms and garlic (Jacob’s Pie), and flank steak with chimichurri (Brazilian Love Affair) directly onto a pizza. After tasting these creations, you will never view Domino’s or Pizza Hut the same way. Much like the pizzas, the tacos and fried chicken are combined with different styles and flavors in the laboratorystyle kitchen, offering creative items such as the Spuds McKenzie (chorizo, potato and salsa verde), Bubba (local shrimp, bacon jam and green chile crema), and Toadstool Hero (crimini mushroom, black bean and salsa macha). Buckets of fried chicken are ordered Southern-style, Buttermilk Crunch, or Cape Coral Hot (Nashville-style hot). Danger also pays great attention to cater to vegetarian and vegan diets. The vegetarian and vegan options keep their Danger-edge with the “Mean & Green” menu consisting of a beet salad, falafel burger, and the Underground Salad (a mix of arugula, fennel root, carrots, pickled ginger, pickled golden raisins, parsley and cilantro). Last but not least, the appetizers and sides compliment every menu item with the same flair, featuring a lineup of pig ears (Asian barbecue and scallions), sweet breads, and sumac cucumber salad. With all the menu items, combinations and flavors, any set of tastebuds can find something appealing. Much like Nevermind, Danger Danger takes its name from musical origins. Danger Danger was originally the name of a rock band formed in 1987 in Queens, New York. Designed
the dish
as a takeout restaurant, Danger offers limited seating – only 11 or so stools in a diner-style row across from the kitchen. Most of the space is standing room and countertop, with two picnic-style park benches out front. The Danger patronage is as diverse as its menu. Ranging from young 20-something alternatives to the retiree “neighbor next door,” Danger is an invitation to all styles – perfectly reflecting the attitudes and welcoming Photo above: Saigon tacos - carnitas pork, personalities of its house-made kimchi aoili, pickled carrot, owners. pickled onion, cucumber, jalapeno, cilantro.
If you are a stickler for the traditional club sandwich and french fries, Danger may not be the diner for you. However, if you are looking to break out in search of a new flavor and hard-to-find uniqueness amid today’s commercial chains, Danger Danger is your spot, and you’ll be visiting regularly. ⚖
1017 Cape Coral Parkway E. Monday-Thursday 11 a.m.-8 p.m. Friday and Saturday 11 a.m.-10 p.m. Sunday closed facebook.com/dangercape Matt Roepstorff is LCBA vice president and of counsel in GrayRobinson’s Fort Myers office. With nearly a decade of experience, he focuses his practice in government law and lobbying, mergers and acquisitions, corporate law, and litigation. He has handled a variety of matters that include business formation and development, merger and acquisition transactions, asset sale and purchases, large commercial leases, corporate governance and commercial litigation.
Sproat Workplace Investigations The employment law firm dedicated to responsible fact-finding.
We conduct thorough, timely and unbiased workplace investigations for employers and their counsel. SWI is a law firm exclusively dedicated to empowering you and your clients to make sound workplace decisions. Workplace Investigations • Investigation Consulting Investigation Training • Courtroom Testimony
239.676.0200 • VSproat@SWInvestigations.com
SWInvestigations.com
Vicki Sproat, Attorney June 2019 ⚖ RES GESTAE
31
#KINDLEE COMMUNITY SPOTLIGHT
#KindLee brings together kids, assisted living residents for Easter More than 30 children made Easter even brighter for members of the Thrive at Beachwalk assisted living community, thanks to #KindLee Committee Co-Chair Amanda Bartley and LCBA Annual Sponsor Cynthia Duff of CopyLady. Bartley and Duff collaborated with Trilogy Home Healthcare and the Rehabilitation and Healthcare Center of Cape Coral to bring families to Thrive for an Easter egg hunt. It allowed the families to interact with many of the residents, uniting generations in holiday cheer. The children searched for five golden eggs full of stickers, candy, rings and more, and every kid came away with Easter baskets full of goodies from #KindLee. They showed off their newfound treasures to the residents, and a few of the children took to the piano to serenade while residents enjoyed coffee and doughnuts.
Photos (clockwise from top left): Cynthia Duff and the Easter Bunny. Amanda Bartley, Connor Bartley and Ava Bartley. Nicolaus Bartley and a Thrive resident.
To take part in the next #KindLee initiative, contact Bartley at abartley@chartwelllaw.com or Co-Chair Kelly L. Fayer at kelly@fayerlaw.net. âš–
BR ANDING THE LEGAL COMMUNITY FOR OVER 11 YEARS.
C O N R I C P R . C O M P R O U D
32
RES GESTAE
P U B L I S H I N G
âš– June 2019
P A R T N E R
| O F
2 3 9 - 6 9 0 - 9 8 4 0 T H E
L E E
C O U N T Y
B A R
A S S O C I AT I O N
Vacation and Retirement: Different Goals Require Different Investment Strategies As you go through life, you’ll have different financial goals – and they may require different investment strategies. For example, someday you may want to take a vacation, perhaps to an exotic place. For this goal, you’ll want investments that are liquid and low-risk, because you’ll need a certain amount of money at a specific time, and you don’t want to set yourself up for early withdrawal or tax penalties. Now, consider another goal: your retirement. To retire comfortably, you’ll likely need to accumulate as much money as possible. Therefore, you should have a reasonable percentage of your portfolio devoted to growth-oriented investments, taking into account your goals and risk tolerance. As you move closer to retirement, you may want to lower your risk level by moving some – though certainly not all – of your growth-based investments into more conservative vehicles. Try to follow investment strategies designed to help meet your goals. When you do, you’ll give yourself a better chance of reaching your destinations. This article was written by Edward Jones for use by your local Edward Jones Financial Advisor.
Brad Jessen, Financial Advisor
239.283.2582 • edwardjones.com
Member SIPC
12016 Matlacha Blvd, Suite C, Matlacha Isles, FL 33991
Mediation and Arbitration Services
SIMON M. HARRISON
Full Time mediator and arbitrator since 1992 Member of Florida Bar since 1978
WANT REFERRALS?
Circuit, County, and federal (mdfl) Courts
Your fellow LCBA attorneys could be your #1 source.
ADVERTISE HERE! Contact Linda Fiore 239.690.9840 or Linda@ConricPR.com
AV rated-martindale Hubble Convenient on line availability Check and calendaring
Commercial
Probate
construction
guardianship
Contracts
trusts
Real estate
Employment
Foreclosure
Eminent Domain
insurance
Condo and HOA
I have the experience to understand the practical, financial, business, and emotional needs of the parties. I look forward to the opportunity to put that expertise to use in helping you to resolve your client’s dispute. on line calendaring and full cv at Www.smharrison.com Phone: 239-433-4505 E-mail: Simon@smharrison.com
Member of the National Academy of Distinguished Neutrals
June 2019 ⚖ RES GESTAE
33
LCBA Judges Spotlight
Hon. Andrew Swett
1. As I was growing up I had what can only be described as an orange afro. 2. I was president of the Lee County Strikers, a local soccer club for 15 years. I spent much of my free time there. My kids basically grew up at Kelly Road Soccer Complex. From the time they were 6 or 7 we basically spent every night, Monday through Thursday, at the soccer field. They played soccer, did their homework and just hung out while I coached and did administrative tasks for the club. 3. I delivered newspapers when I was in third grade. My brother and I split the route, but since my brother would often not get out of bed when it was time to deliver the papers, I often did it by myself. 4. Being a father is the role I most cherish in my life. 5. I love Bob Marley and the Wailers music. I have all their albums and listen to Bob’s music every week. I’m not sure I can pick one song, but the first album I owned was “Bob Marley and the Wailers Live!” I purchased the album in 1975.
SWFL’S LARGEST INDEPENDENTLY OWNED COURT REPORTING FIRM Serving our Southwest Florida Legal Community in Fort Myers, Naples, Punta Gorda, Port Charlotte, Bradenton, Sarasota, and Venice NO FEES FOR: Scanned Exhibits PDF with Linked Exhibts
Electronic Delivery Condensed Transcripts and Word Indexes
Online Scheduling with 24/7 access to all repository files
FMReporting.com 239.334.1411 Scheduling@FMReporting.com 2180 west first street, suite 120 • fort myers, fl 33901
34
RES GESTAE
⚖ June 2019
Jackie Burrell, RPR, FPR
The North Law Firm, P.A. Accident & Injury Attorneys
Call Joe to Refer a Client: (239)337-1191 Car & Truck Accidents Motorcycle Accidents Drunk Driving Accidents Serious Injury Cases Paralysis Cases Apartment Shootings Gun Violence Cases Courtroom Trials
Maximum Referral Fees
Workers’ Compensation Wrongful Death Cases Pedestrian Accidents Bicycle Accidents Dog Bite Cases Slip and Fall Accidents Negligent Security Cases Settlements
Joe North has been helping Clients with Injury Cases and Death Cases for more than 25 years.
Attorney Joe North
14241 Metro Parkway, 2nd Floor (In the United Fidelity Bank building), Fort Myers • TheNorthLawFirm.com
“You don’t need a special occasion to go to the Veranda, you just need to go.” - Cape Coral residents Jacquie and Doug Flenniken
Restaurant
Exceptional Since 1978
239-332-2065 Downtown Fort Myers River District Lunch • Dinner • Closed Sunday • verandarestaurant.com June 2019 ⚖ RES GESTAE
35
LCBA Members spotlight
Spencer Cordell
1. Before I went to law school, I was a DJ at a modern rock station in Oxford, Ohio, the home of Miami University. That’s where I went to undergrad. 2. I’m certified as a python hunter by the Florida Fish & Wildlife Conservation Commission. One time, I teamed with Jonathan Martin, Abe Thornberg, Cam Siggs and Fort Myers Police Detective John Price on a python hunt, but we came up empty. 3. I’m a bourbon aficionado. For my 40th birthday, I took a tour of the Kentucky Bourbon Trail. 4. I’ve climbed Mount Fuji and Mount Kilimanjaro, and Kilimanjaro was definitely harder. You go from seeing monkeys swinging in trees at the bottom to a glacier on top. 5. I almost got mugged in Paris. A guy was harassing two women and I went over to stop him. He got mad, but he didn’t pull a knife on me — he pulled a pair of scissors! As he tried to open them they slipped out of his hand, and when they hit the ground I stepped on them, thus disarming him. He ran off after that.
Your
APPELLATE
GURU Local focus, statewide reach.
• Florida Bar Board Certified Appellate Practice • 12+ years’ experience with state & federal appeals
Christopher D. Donovan 239.213.3865 cdonovan@ralaw.com
• Former staff attorney for the Second DCA
With offices in Lee and Collier County. RALAW.COM | ROETZEL & ANDRESS, A LEGAL PROFESSIONAL ASSOCIATION
36
RES GESTAE
⚖ June 2019
McHale, P.A.
35 Years. 3,500 Mediations. • Expert Witness Testimony
Experience Makes the Difference.
• Forensic Accounting • Litigation Support • Bankruptcy Matters • Receiverships • Distressed Business
LPR
Leonard P. Reina, P.A. Attorney ■ Mediator ■ Special Master
Management
239.263.2059 www.LPReina.info LPReina@LPReina.com
June 2019 ⚖ RES GESTAE
37
Lee County Bar Association's 100 Club Absolute Law
Goldberg Noone, LLC
McQuagge Law Firm
Aloia, Roland, Lubell & Morgan, PLLC
Goldstein, Buckley, Cechman, Rice & Purtz, P.A.
Men’s Rights Law Firm
Arend & Sisk, P.A.
Grant Fridkin Pearson
The North Law Firm, P.A.
Associates and Bruce L. Scheiner, P.A.
GrayRobinson, P.A.
O’Halloran & O’Halloran, Attorneys at Law
Avery, Whigham & Winesett, P.A.
Green, Schoenfeld & Kyle, LLP
Osterhout & McKinney, P.A.
Bergermann Law Firm
Grossman Law & Conflict Management
Parvey & Frankel Attorneys, PA
Bonita Springs City Attorney’s Office
Hahn Loeser & Parks LLP
Patrone & Kemp, PA
Boy Agnew Potanovic, PLLC
Henderson, Franklin, Starnes & Holt, P.A.
Pavese Law Firm
Boyle & Leonard, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC
John Webb Legal Group, P.L.
Richard Johnston Law
Kelleher Firm
Robert Harris Law Firm
Buchanan Ingersoll & Rooney PC
Knott Ebelini Hart
Roetzel & Andress, L.P.A.
Calvo & Calvo
Kuhn Law Firm, PA
Rubinstein, Holz & King, P.A Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A.
Cody & Linde, PLLC
Kushner & Kushner
Coleman & Coleman
LaDonna J. Cody, P.A., Attorney at Law
Simmons Law Firm, P.A.
Cole Scott & Kissane, P.A., Bonita Springs Office DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A.
Law Firm of Scott T. Moorey
Spivey Law Firm, Personal Injury Attorneys P.A.
The Law Office of Brantley Oakey
Strayhorn and Persons, P.L.
The Law Office of Michael M. Raheb, P.A.
Toll Law
Florida Rural Legal Services
Law Offices of Dennis L. Webb, P.A.
Vernis & Bowling of Southwest Florida, P.A.
Fort Myers City Attorney’s Office
Lee County Legal Aid Society, Inc.
Viacava & Cantor Attorneys at Law
Garvin Law Firm
Levins & Associates, LLC
Viles & Beckman, LLC
Geraghty, Dougherty, Edwards & Stockman, P.A.
Maughan Law Group
Yeslow & Koeppel, P.A.
Is your firm part of the 100 Club? Any firm with two or more attorneys and 100 percent membership in the LCBA qualifies. If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.
Thank yy...
FOR CONTINUING TO TRUST US WITH
YOUR CLIENT’S INJURY CASE. Jeff
Cell: 239.940.9716
38
RES GESTAE
Leland
Cell: 954.294.2005
⚖ June 2019
AS ALWAYS, WE WILL PROVIDE COMPETENT LEGAL REPRESENTATION AND PAY YOU THE MAXIMUM REFERRAL FEE ALLOWED BY THE FLORIDA BAR. CHECK OUT OUR NEW WEBSITE - WWW.GARVINLEGAL.COM
DON’T WAIT! SIX-DAY Transcript Delivery Serving Lee, Collier and Charlotte Counties
Depositions, Hearings and Trials · Courtsmart Transcription · Realtime · Interpreters Conference Rooms Available for Mediation · Free Wireless Access · Videographers Free ASCIIs, CDs, Keyword Indexes, and Condensed Transcripts
MeritCourtReporting.net · 239.481.1300 Free parking at all locations Maryanne Wagner, RPR, FPR
South Fort Myers 6213 Presidential Court Suite 100 Fort Myers, FL 33919
Downtown 2022 Hendry Street Suite 104 Fort Myers, FL 33901
Naples 1415 Panther Lane Suite 303 Naples, FL 34109
Debbie Cail, Office Manager
EXPERIENCED. CONFIDENT. AGGRESSIVE. Criminal & DUI Defense Family Law & Divorce Representation
Attorney Katheryn Calvo
Board Certified in Criminal Trial
Attorney Jose Calvo Former Prosecutor
Se Habla Espanol
239.332.5501 CalvoLaw.com 1534 Jackson Street • Fort Myers, FL 33901
June 2019 ⚖ RES GESTAE
39
legal lens LAW WEEK - LAW IN THE MALL AND LCBA BLOOD DRIVE
The 26th annual Law Week took LCBA members to the Edison Mall for free consultations and invited them to give at Lee Health's mobile blood donation unit, among other activities. Former LCBA President Robert Pritt, who came up with the idea for Law in the Mall in 1993, was among the many attorneys at this year's event. Plenty of LCBA members proved they would bleed, literally, for the greater good at the LCBA Blood Drive.
1
4
3
5
RES GESTAE
8 âš– June 2019
1. Shanthy Balachanthiran, Andrew Banyai, Jeff Lampley, Michael Camadeco, Katherine Camadeco 2. Blake Hampton 3. Gus Simmons 4. Kelly L. Fayer 5. Michael Camadeco, Theresa Daniels, Peter Dennis, Kelly L. Fayer, Ryan O'Halloran, Gus Simmons, George Knott, Nicole Brunswick, Robert Pritt. 6. Travis Russell, Tiffany Pereira 7. John Webb, Brandon Sadighi 8. Michael-Anthony Pica
Photos: Jim Jett Photography
6
7 40
2
DONNA TISCH M E D IATIONS • ARBITRATIONS “We take an Active Role... We Never Give Up!” Full-Time
Certified Circuit Civil Mediator • Qualified Arbitrator AV Rated ~ Board Certified Civil Trial Lawyer (1998)
Serving Lee County - Tuesdays only Charlotte County - any day Schedule Mediations and Arbitrations Online at
DonnaTisch.com 239.826.3644
Copier Sales & Service Information Technology Services
We’re more than just a copier and information technology company, we’re a partner who’s got your back! We offer comprehensive or basic network support options. Network Engineering & Infrastructure Installation Network Management & Support Managed I.T. Service Agreement Network Security Computer Hardware & Software Repair Website Design, SEO, & Social Marketing Custom Built Performance Computers Time Clock Integration with Applications Quickbooks and CRM Software Integration Business Software Integration CCTV Installation and Online Integration Cat 5e and Cat 6 Installation
Since its inception in 1985, Direct Impressions continues to produce Southwest Florida’s highest quality commercial printing, digital printing, and effective direct mail campaigns. Call today to see how we can grow your business!
Remote realtime support service delivered securely over the internet
1335 MIRAMAR STREET • CAPE CORAL, FL 33904 239.549.4484 • WWW.DIRECTIMPRESSIONS.COM
Contact Armand today & see what Copy IT can do for your business! Armand DeSapri, Owner
239.451.9494 armand@ftmyerscopier.com
June 2019 ⚖ RES GESTAE
41
In The news
Sheba Abraham of the Goldberg Noone Law Firm has been named to The National Trial Lawyers Top 40 Under 40, a professional organization composed of the top trial lawyers under the age of 40 in each state who practice civil plaintiff or criminal defense law. Abraham has been instrumental in negotiating settlements and obtaining jury verdicts totaling over $20 million dollars. She earned her law degree from the University of Florida.
Scott Atwood is now with Henderson, Franklin, Starnes & Holt, P.A. as a stockholder. From complex labor and employment counseling and litigation to general business matters, Atwood has been representing the interests of entrepreneurs, public entities and businesses of all sizes throughout the U.S. for nearly 25 years. Atwood is also a Florida Supreme Court certified circuit civil mediator. He serves as president of the LCBA Foundation and is a past president of the LCBA.
Jarred Duke of Henderson, Franklin, Starnes & Holt, P.A. has been named chairman of the Evangelical Christian School Board of Directors. The school is the largest private school in Southwest Florida, with more than 1,100 students. Duke, along with wife Jacey, graduated from ECS in 2006. Duke represents people and businesses in complex disputes, such as real estate litigation, construction litigation, breaches of contract, partnership and shareholder disputes, breaches of fiduciary duty, trust and estate litigation, and other business torts.
Roetzel & Andress LPA has added of counsel Garey F. Butler and associate Ashley L. Suarez to its Fort Myers office. Butler assists clients in real estate, general corporate and probate matters. Suarez focuses her practice on real estate law with an emphasis on residential and commercial transactions, real estate development, and commercial leasing.
Jeffrey S. Haut has become an associate in the litigation practice area of Hahn Loeser & Parks LLP. Haut will work out of the Fort Myers office and focus his practice on counseling corporate clients, employers, homeowners and homebuyers, contractors and individuals through a broad range of litigation matters. Haut spent three years at Vernon Litigation Group and was a Naples Herald 40 Under 40 honoree. He received his law degree from Indiana University.
Courtney van Emmerik Lovejoy has joined Green Schoenfeld & Kyle LLP. With more than five years of business and legal experience, Lovejoy’s areas of expertise include probate and estate planning, including guardianships. Prior to joining the firm, she was an associate attorney with an elder law and estate planning law firm in Southwest Florida. She interned during law school for a Florida magistrate, a nonprofit law firm and the U.S. Attorney’s Office for the Middle District of Florida.
42
RES GESTAE
⚖ June 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
PRSRT STD U.S. POSTAGE
PAID
FT. MYERS, FL PERMIT NO. 147
P.O. Box 1387 | Fort Myers, FL 33902-1387 (239) 334-0047 | Fax (239) 334-0523 LeeBar.org
WE MA K E BA N K IN G AB O U T Y O U !
“A LOAN CAN SPARK ENDLESS POSSIBILITIES,
including a better way of doing business.” — Greg Blurton, Vice President, Commercial Lending
Like Thomas Edison,
we believe there is always “a better way.” To us, that means being attentive, invested and involved in the efforts of our community’s business leaders as we provide them with commercial lending services that empower them to reach their goals. 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
• free bill pay services for personal account holders
• courier and cash management services for business clients
• streamlined processing for all loans
including commercial and residential mortgage loans
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.