MAY 2019
The Power of Diversity Florida Bar President Michelle Suskauer speaks on progress
THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION
Contents
features 22 Gender equality Q&A with Florida Bar President Michelle Suskauer by Chuck Myron
26 Equestrian, Esq.
by Christine Elaine King, Esq.
On the cover: Florida Bar President Michelle Suskauer Photo: Mark Wallheiser Photography
departments 6
30 The Dish
Ember
Letter from the President by John Webb, Esq.
8 Letter from the Executive Director
by Lisa Poulin
10 Calendar of Events 12 Ethically Speaking by Henry Lee Paul, Esq. 14 Practice Section
Alternative Dispute Resolution by Bill Merchant, Esq.
32 Attorney Guest Column
Commitment to pro bono work by Andrew Banyai, Esq.
16 YLD Spotlight by Nicole Brunswick, Esq.
18 Advertiser's Spotlight
36 LCBA Members Spotlight
Fort Myers Court Reporting
20 Legal Lens
LCBA Bench Bar-B-Q and Shrimp Boil
34 LCBA Judges Spotlight
Honorable Devin George Alexandra Kleinfeldt, Esq.
38 Legal Lens
Past Presidents Luncheon
39 100 Club 40 In The News 41 #KindLee Community
Spotlight JA's annual Law Day
AD DIRECTORY Barbara Pizzolato 13 Boy, Agnew, Patonovic 42 Brad Jessen, Edward Jones 11 Business Observer 31 Calvo & Calvo Attorneys at Law 9 CopyLady IFC Copy IT 17 DeMine Immigration Law Firm 25 Denise Kennedy 17 Direct Impressions 35 Donna Tisch 35 Edison National Bank BC Fort Myers Court Reporting 15 Garvin Law Firm 36 Henderson, Franklin, Starnes & Holt, P.A. 25 Joe Viacava Law IBC Kelleher Firm 17 Kempton P. Logan 40 Law Firm of Scott T. Moorey 25 Law Offices of Dennis L. Webb 37 Leonard P. Reina 19 Leslea Ellis, LLC 13 Livingston Loeffler, P.A. 13 McHale, P.A. 19 Men's Rights Law Firm 9 Merit Court Reporting, Inc. 34 Morgan & Morgan 7 Musca Law Office, Inc. 3 Niehaus Business Services 19 Real Estate Advisory Services, LLC 31 Responsive Occupational Rehabilitation, Inc. 37 Robins/Kaplan, LLP 11 Roetzel & Andress 18 Sexto Productions 39 Sheldon E. Finman, P.A. 15 Spivey Law Firm, P.A. 5 Sproat Workplace Investigations 33 Stockman Mediation 35 The North Law Firm, P.A. 21 Total QuickBooks Solutions 33 Veranda Restaurant 9 Voit Econometrics Group, Inc. 11 Von Ahn & Associates 21 William DeForest Thompson Jr., LLC 41 Wright Mediation 37
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Letter from the president At the time many of you will be reading this message, we will be winding down another successful Law Week. This has been a busy, yet exciting, week, which has included Law in the Mall, the LCBA Blood Drive, the Bar Judiciary Appreciation Reception, the Second District Court of Appeal Oral Arguments, and our annual Law Week Awards Luncheon. During the luncheon, we honor our Law Enforcement Officers of the Year for the City of Fort Myers, City of Cape Coral, City of Sanibel, and the Lee County Sheriff’s Department. We also honor our Lee County Teacher of the Year for Law-Related Education and present the prestigious Liberty Bell Award. Congratulations to all of the well-deserving recipients of these awards, and thank you to all who have made Law Week a success. As we inch forward into the month of May, having realized four months of this year have already passed and noticing the traffic has diminished slightly due to the departure of our seasonal guests, we have much to look forward to. The LCBA Foundation Charity Golf Tournament is on May 4, the Health and Wellness Committee’s Orangetheory Event is on May 11, and at the end of the month is the Memorial Day holiday, when many our members will gather with family and friends for the three-day weekend. Our calendars in May also mark a special day on the second Sunday of the month, when we celebrate Mother’s Day in honor of the remarkable women in our lives who have inspired us, served as constant sources of strength, and often served among our first friends and mentors. For me, my mother was (and still is) all of the above, and more. The encouragement and support she provided me over the years, as well as her dedication and the sacrifices she made to enable me and my siblings to enjoy a better life, are huge reasons for the wonderful opportunities I have had the pleasure of experiencing. Happy Mother’s Day to my mother, Ann Webb, thank you; and, happy Mother’s Day to all of the mothers throughout our community. John C. Webb, Esq. john@johnwebblegal.com | 239.313.7362
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ADMINISTRATION
Executive Director ~ Lisa Poulin Lawyer Referral Service Coordinator ~ Kheila Perez
EXECUTIVE COUNCIL
President ~ John Webb, Esq. Vice President ~ Matt Roepstorff, Esq. Secretary ~ Tiffany Pereira, Esq. Treasurer ~ Blake Hampton, Esq.
Board Members:
Kathy Smith, Esq. • Spencer Cordell, Esq. Peter Knize, Esq. • Michael-Anthony Pica, Esq. President Emeritus ~ Daniel J. Endrizal III, Esq. YLD President ~ Nicole Brunswick, Esq.
COMMITTEE CHAIRS BENCH-BAR GALA
Danielle Butler, Esq. DIVERSITY AND INCLUSION
Ita Neymotin, Esq. & R. Noelle Branning, Esq. HEALTH & WELLNESS
John Miller, Esq. & Joel Hyatt, Esq. HISTORY COMMITTEE
Jenna Persons, Esq. & E. Bruce Strayhorn, Esq. #KINDLEE
Amanda Bartley, Esq. & Kelly L. Fayer, Esq. LAW RELATED EDUCATION
T. Rankin Terry, Esq. LAW WEEK
Hon. John S. Carlin LCBA FOUNDATION CHARITY GOLF TOURNAMENT
Shannon Puopolo, Esq. & Kenneth A. Jones, Esq. MOCK TRIAL
Shaina Zuppke, Esq. & Eunice Gedeon, Esq. PRO BONO
Andrew Banyai, Esq. & Blair DeMinico, Esq.
PRACTICE SECTION CHAIRS
ALTERNATIVE DISPUTE RESOLUTION
Anne Dalton, Esq. & Bill Merchant, Esq. APPELLATE
Alex Brockmeyer, Esq. & Matthew Irwin, Esq. CRIMINAL LAW
Marisa Boysen, Esq. & Leah Harwood, Esq. ELDER LAW
Blake Hampton, Esq. & Amy McGarry, Esq. FAMILY LAW
Magistrate Gilberto Perez & Kati Calvo, Esq. GENERAL CIVIL & BUSINESS LITIGATION
George Knott, Esq. & Carlos Kelly, Esq. LAND USE & GOVERNMENTAL LAW
Erica Woods, Esq. & Sarah Spector, Esq. REAL PROPERTY, PROBATE & TRUST LAW
Kenneth Kemp, Esq. & Jennifer Hammond, Esq. SOLO & SMALL FIRM
Conor Foley, Esq. & Victor Bermudez, Esq. TORT LITIGATION
Preston John (PJ) Scheiner, Esq.
Letter from the executive director May is the month to celebrate mothers. What does it mean to be a mother? For me, it’s an endless job, one of the hardest in the world, with worry and unconditional love. We teach our children, encourage them, give them strength, guide them through every obstacle in life and hope they make the right decisions. The rewarding part is seeing your child’s accomplishments and watching them overcome adversity with the tools you gave them. I asked a few attorney moms what it means to them: Becoming a mother means wanting to do everything right by my son, and whatever is best for him, always. It means putting someone else before yourself every day but being happy to do so because it’s entirely worth it. — Tiffany L. Pereira, Esq. Becoming a mother is a lot like trying your very first trial. You walk in the courtroom with complete confidence, believing you know it all and everything will go exactly as planned. You quickly realize that the witnesses are uncooperative, all your objections are being overruled and you need a nap as much as the jury looks like they want to take one. Add in spit-up on your freshly drycleaned suit. But somewhere in the middle of the chaos, there is a meaningful, funny moment and you realize that being a lawyer (and a mom) is a daily learning experience and that this one moment makes it all worth it. Times 1 million. — Danielle L. O’Halloran, Esq. I feel truly blessed and fulfilled every day that God chose me to be Kaydence’s mom. There is not a lot of sleep, vacations or going out to dinner, all things that I enjoyed plenty of sans children. But the unconditional love I get from her, hearing her say mama, and her giggles are priceless! — Karla Campos-Andersen, Esq. Being a mother is simultaneously the best and hardest thing I’ve ever done. It is important for me to set a good example for my daughter, and one of my favorite pictures of her is when she stood next to me watching the first female state attorney in our circuit swear me in this January. — Danielle M. Butler, Esq. 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. Bill Merchant, Esq. Nicole R. Brunswick, Esq. Christine Elaine King, Esq. Peter Knize, Esq. Andrew Banyai, Esq. Hon. Devin George Alexandra Kleinfeldt, Esq. Christina Harris Schwinn, 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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May 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!
MAY
2
Bar Judiciary Appreciation Reception 5:30-7 p.m., Edison Restaurant, Bar & Banquet Center, 3583 McGregor Blvd., Fort Myers. A cocktail hour runs from 4:30-5:30 p.m. with complimentary beer, wine and hors d’oeuvres. Cost is $20 for Lee County Association of Women Lawyers members, $25 for non-members, and free for judges. RSVP to Kayla Richmond at kayla.richmond@ henlaw.com.
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Florida Second District Court of Appeal Oral Arguments
8:30 a.m., Lee County Justice Center, Courtroom 2A, 1700 Monroe St., Fort Myers. Court of Appeal judges will take questions from high school students in attendance from 8:30-9 a.m. prior to the start of the arguments.
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Law Week Awards Luncheon
11:30 a.m.-1 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. The luncheon will honor Law Enforcement Officers of the Year for the City of Fort Myers, City of Cape
Coral, City of Sanibel and the Lee County Sheriff’s Department. Also, the Dr. James A. Adams Lee County Teacher of the Year for Law-Related Education will be awarded to an outstanding educator, and the prestigious Liberty Bell Award will be presented to a very deserving community member. Cost is $25 for LCBA members, $35 for nonmembers and free for judges. RSVP and register at leebar.org or call 239-334-0047.
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Criminal Law Practice Section Social Event
5-7 p.m., SkyBar, 1520 Broadway, Fort Myers.
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Health & Wellness Fitness Workout
3-4:30 p.m., Orangetheory Fitness, 8001 Dani Drive, Unit 6, Fort Myers. Happy Hour to follow.
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7 a.m.-2 p.m. The Forest Country Club, 6100 Club Blvd., Fort Myers. Breakfast and lunch will be served, and there will be live and silent auctions. All proceeds go to the LCBA Foundation to support nonprofit organizations within the community.
Noon-1 p.m., Lee County Justice Center, Courtroom 5G, 1700 Monroe St., Fort Myers.
LCBA Foundation Charity Golf Tournament
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Alternative Dispute Resolution Practice Section Meeting
Noon-1 p.m., Lee County Justice Center, Hearing Room 4O, 1700 Monroe St., Fort Myers. Dr. Laura C. Streyffeler will present “Domestic Violence Beyond the Myths and Stereotypes.”
Real Property, Probate and Trust Law Brown Bag Lunch
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Pro Bono Committee Lunch Meeting Noon, Green Cup Café, 1412 Dean St., No. 100, Fort Myers.
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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. Registration fee is $10.
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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May 2019 ⚖ RES GESTAE
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Ethically speaking BY HENRY LEE PAUL, ESQ.
THE FLORIDA BAR REVISES GUIDANCE ON FOR-PROFIT REFERRAL SERVICES provider” and is expansively defined as any person or entity that “receives a benefit or consideration, monetary or otherwise, for the direct or indirect referral of prospective clients to lawyers….” This definition may include organizations that have a paid referral arrangement to the extent of such a program formerly offered by AVVO. It is not a simple matter for a lawyer in Florida to participate in a referral arrangement. The scope of this regulation is much broader than many lawyers believe. Before participating in any third-party type of advertising, a lawyer should thoroughly review Rule 4-7.22 and the ethics opinion. It is also advisable for a lawyer to consult the Ethics Hotline before entering into any such arrangement. Florida has a well-earned reputation for being one of the most conservative jurisdictions in relation to advertising, lawyer referral arrangements and fee sharing with nonlawyers.
T
he Florida Bar continues the effort to regulate the ever-evolving landscape of advertising and for-profit lawyer referral amid concerns over improper fee sharing and solicitation. The Florida Bar first began its effort in 2012 to revise rule 4-7.22 (Referrals, Directories and Pooled Advertising) and related rules regulating referral services.
A complete overhaul of the lawyer referral rules was finalized effective April 30, 2018. However, an additional proposed amendment that would prohibit lawyer referral services from also referring to other professions, including medical providers, as of the writing of this article, remains under consideration by the Florida Supreme Court. This controversial amendment would prohibit such referral services such as “411 Pain” and “Ask Gary” from referring cases to lawyers. The Florida Bar thought it necessary to give further guidance regarding the somewhat confusing revised rules regarding permissible conduct in dealing with referral services. Finally, on December 14, 2018, after years of consideration, The Florida Bar Board of Governors finally approved Ethics Opinion 18-1. The revised Rule 4-7.22 and the companion ethics opinion made substantial changes. What was formerly known as a lawyer referral service has now been renamed a “qualifying
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A Florida lawyer participates in a lawyer referral service program at their own risk. Some of the matters that a lawyer should be aware of is that a lawyer must register with The Florida Bar within 15 days of agreeing to participate or when ceasing to participate. The qualifying provider must provide The Florida Bar with the identity of all participating members of The Florida Bar. The participating member of The Florida Bar has an affirmative obligation to investigate whether the qualifying provider and their practices are in compliance with the Rules Regulating The Florida Bar. The lawyer is subject to discipline if the qualifying provider engages in practices that violate the Rules Regulating The Florida Bar. As with almost any aspect of advertising, regulation by The Florida Bar is not a simple matter. It is a certainty that the regulation of lawyer referral arrangements will be subject to ongoing challenges in federal court and further revision of the rules. ⚖
Henry Lee Paul is a former Bar Counsel for the Florida Bar who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.
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Alternative Dispute Resolution BY BILL MERCHANT, ESQ.
AVOIDING CANCELLATION, RESCHEDULING PENALTIES IN MEDIATIONS, NON-BINDING ARBITRATIONS
I
’ve witnessed many changes in the Alternative Dispute Resolution program rules and requirements since becoming a certified circuit/county civil mediator/arbitrator in 1995. None, however, have occurred with the recent frequency. Many of these changes have led to imposition of late cancellation or rescheduling fees and other sanctions for failure to notify Alternative Dispute Resolution staff at least three business days before the scheduled date. As a result, some trial attorneys blame the staff or the assigned mediator/arbitrator, believing they stand to benefit from levying such assessments. However, they only charge at nominal hourly rates compared with counsel(s) or private mediator/arbitrator(s) rates. The mediator/arbitrator is also losing out on billable hours or more lucrative private mediation fees that might have been available if the cancellation hadn’t taken place. There are also hard feelings that can result in lost mediation work. Rather than blaming the Alternative Dispute Resolution staff or its director, many times counsel must be honest with themselves and admit they have simply procrastinated or are not carefully reading, analyzing and calendaring the court orders. A careful reading of the several orders usually issued should result in a number of dates to calendar, considering each particular case’s facts, parties, economics, availability and strategies, including early settlement discussions and discovery needs. Even with such efforts, attorneys will still at times confront last-minute conflicts, illness or other issues that result in late fees. The point is to reduce the issues to as few as possible. This writer cannot recall how many times late issues have been raised during a mediation regarding the need for critical discovery, filing and hearing dispositive motions, and the
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need to amend pleadings, including adding parties. The court has made it clear to the Alternative Dispute Resolution program and mediators/arbitrators that they intend to enforce deadline requirements with closer scrutiny and will impose late fees and sanctions to keep the case dockets moving. As a result, the judges are setting hard deadlines to complete the mediation/arbitration, including matters related to rescheduling, proceeding privately, and appearing telephonically. The result is the need for a timely filing of motions to obtain required orders before the three-day late fee assessment. A recent example of a significant change is the regular and post-Irma non-binding arbitration orders that now require at least 10-day prepayment of the parties’ share of the $400 minimum charge or late cancellation or rescheduling fee. There are also new rescheduling requirements and deadlines that vary for post-Irma insurance claims and time-sensitive requirements if you want a private arbitrator. Failure by counsel to be alert, to comply with such changing requirements, and to calendar the needs of each file within the stated time limitations may also provide unintended advantages to opponents. For example, failure to prepay for a non-binding arbitration could now result in its cancellation, late fees and possible additional sanctions, with the resulting delay an advantage for some opponents. Mediators/arbitrators also need to stay alert to these changing requirements. While drafting this article, the writer was confronted in a mediation with orders allowing telephonic attendance by a party and their counsel requiring the mediator to initiate the conference call. Only by close review of the order with opposing counsel after the starting time had passed was a possible non-attendance avoided. Thus, all parties, including the mediator/arbitrators, need to stay alert for such changes and differing judicial requirements if the Alternative Dispute Resolution program is to continue to successfully assist in resolving the majority of cases filed. ⚖ Bill Merchant is of counsel for Jones, Haber & Rollings and co-chair of the LCBA Alternative Dispute Resolution Practice Section. He has been a Florida certified circuit/county civil mediator and arbitrator since 1995 and has also served as a special magistrate.
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May 2019 ⚖ RES GESTAE
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YLD spotlight BY NICOLE R. BRUNSWICK, ESQ.
his month marks the start of the Lee YLD’s Health and Wellness Challenge, which officially begins on May 1! We are implementing this challenge in conjunction with the Florida Bar Young Lawyers Division’s 5th Annual Health and Wellness Month. The Lee YLD encourages those who gave up on their New Year’s resolutions early to recommit to a healthy lifestyle. Alternatively, for those of you who just need some motivation to continue your healthy efforts, this challenge is perfect for helping you stay accountable. The idea and purpose of the Health and Wellness Challenge is to promote mental and physical health in the legal community. This challenge is open to all LCBA members and not limited to just the Lee YLD! We encourage everyone to participate and help further this purpose. To take part, all you have to do is commit to running, bicycling, walking, or any combination of these activities for 1 mile per day during May, for a total of 31 miles. By allowing a variety of activities to count toward the daily goal, people of all fitness levels can participate and achieve their goals through activities that are right for them. We will be using the website countit.com to log and keep track of everyone’s miles. We will have a team page on that site where logged miles can be viewed in an effort to keep everyone accountable. We would love to see everyone’s hard work, so we encourage participants to share photos on our Facebook page. At the end of the challenge, we plan to celebrate everyone’s success and hard work through our Bikes and Brunch event. Participants will be invited to enjoy a bike ride at Ding Darling National Wildlife Refuge to take in the local wildlife and get their daily mile or miles in! We will provide a fresh and healthy lunch afterward for those in attendance. Ideally, we would love to keep the challenge going beyond May and inspire everyone to continue to participate indefinitely! If you are interested in taking part and would like more information about the Health and Wellness Challenge, be sure to like and follow our Facebook page, as we will be posting 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.Gedeon@ leecountylegalaid.org. ⚖
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Nicole R. Brunswick is an associate at the Simmons Law Firm, P.A. Nicole focuses her practice in family law. Nicole earned her Juris Doctor from Stetson University College of Law. In addition to serving as president of the Lee YLD, Nicole serves on the Association of Family Law Professionals Board of Directors and the Lee County Legal Aid Society Board of Directors.
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legal lens LCBA FOUNDATION BAR-B-Q AND SHRIMP BOIL
Food, family and fun were plentiful on March 30 at the LCBA Bar-B-Q and Shrimp Boil. The Hon. "Chef" Judge Robert Branning and Chef Jerry Von Gruben served up the scrumptiousness for dozens of LCBA members and their children at the Alliance for the Arts. Music, face painting and balloons made the event colorful for all comers.
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Stephanie Bendeck LCBA members and guests get in on the shrimp boil action Magistrate Kimberly Bocelli and family Face painting artist Jacqueline Buyze gathered with kids Tom Chase, Hon. Archie Hayward, Keith Grossman Jerry Von Gruben, Hon. Robert Branning Tiffany Pereira, John Webb, Kathy Smith
Photos: Jim Jett Photography
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Gender equality Q&A with Florida Bar President Michelle Suskauer
Res Gestae: Last year, we spoke with your predecessor about progress on the 12 gender equality recommendations listed in a 2017 report from the Special Committee on Gender Bias. One of the recommendations had to do with establishing a way for lawyers to report genderrelated misconduct to the bar. Is that reporting mechanism in place? Michelle Suskauer: It was already in place. After addressing another recommendation to review rules to determine if any additions were necessary, it was determined that Rule 4-8.4(d) of the Rules Regulating The Florida Bar is sufficient for handling gender-related misconduct. The Florida Bar has a thorough grievance process in which members can report misconduct, including gender discrimination, harassment or bias of any kind. During my presidency, I’ve worked very hard to raise awareness of the Bar’s grievance system so that members know it is available and that The Florida Bar takes misconduct in any regard seriously.
RG: Last year, a subcommittee was handling efforts to research and identify member benefits (such as emergency child care resources) designed to support family responsibilities. What is the status of those efforts now?
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MS: Although no benefits in this category have been approved yet, the Bar’s Member Benefits Committee continuously explores possible new member benefits and recommends appropriate ones to the Board of Governors. The vetting process can take as long as 18-24 months and sometimes longer to ensure that the programs we recommend to our members are solid and offer actual discounts. The Florida Bar currently provides more than 60 member benefits that offer reduced costs on both personal and professional products and services; all are listed at floridabar.org/memberbenefits.
RG: Another recommendation was to make resources available in the form of gender equality “toolkits” online. What is this status of this effort? MS: The (Florida Bar) Diversity and Inclusion Committee will soon be reviewing those to determine if they are relevant and will assist Florida Bar members in diversity and inclusion efforts.
RG: How profound is the gender wage gap for attorneys in the state of Florida, and are mechanisms in place to both measure and promote progress toward closing it? MS: Study after study shows that female attorneys are not paid the same as their male counterparts. Additionally, the attrition of women from law firms remains disproportionately high and a contributing factor is the gender pay gap. As president this year I’ve worked to raise awareness of these issues and expect them to continue to be highlighted on the national, state and local fronts.
RG: What has the bar done to promote the benefits of family leave? MS: Over the past year, The Florida Bar Board of Governors voted to recommend that the courts adopt a new continuance rule to help clients keep their attorneys even if a pregnancy or adoption by the attorney arose during the management of a case or a scheduled trial. Research done by The Florida Bar Young Lawyers Division, in support of the proposal, found a distinct lack of uniformity of how judges in Florida handle trial delay requests made by lawyers, both male and female, who are prospective parents and also found evidence of
Photo (this page): Mark Wallheiser Photography
F
lorida Bar President Michelle Suskauer will visit Fort Myers on June 7 to speak at the LCBA’s third annual Diversity Workshop and Luncheon. Res Gestae collaborated with the LCBA Diversity and Inclusion Committee to gauge Suskauer’s thoughts on progress toward gender equality, one of the cornerstone Michelle Suskauer issues of her time in office.
Michelle Suskauer with her daughters, Talia (left) and Rebecca (right)
a disproportionate impact on the trial experience and careers of younger female litigators.
RG: What are your thoughts about the proposal before the Florida Supreme Court for a rule that would require a three-month continuance when lead attorneys need to take parental leave? MS: I support it, along with The Florida Bar Board of Governors and Young Lawyers Division. In fact, on March 8, The Florida Bar Board of Governors and Young Lawyers Division submitted comments in support of the proposed rule, strongly recommending its adoption, and with no objection to the published amendments. The proposed rule is still pending at the Supreme Court and would require judges to grant a three-month continuance when lawyers before them are expecting the birth or adoption of children, unless the opposing side claims it would substantially prejudice its case. If opposed, the moving attorney would have the burden of showing there was no meaningful prejudice. Also, a recent amendment to this proposed rule would exempt criminal, juvenile (both delinquency and dependency), and involuntary commitment of sexually violent predators cases because of the time-sensitive statutory and constitutional rights of the defendant, delinquent, or family. We know from speaking to Bar members that many believe the proposed rule would be particularly helpful
for solo practitioners and small law firms, which may have a difficult time finding attorneys to cover clients’ cases when parental leave is sought. Additionally, based on personal examples showing that expecting or new parents have experienced negative behavior from opposing counsel or courts when seeking continuances of a case, the research only reiterated the Board and YLD’s suggestion that the Court approve this proposed rule. I believe that if just one attorney or judge is helped by using this proposed rule to protect a client’s interests after a birth or adoption by their attorney, then it is warranted.
RG: You’ve told the story of having been the target of an inappropriate comment by a magistrate while you were representing a friend in traffic court. You’ve said you wished you were more prepared for that encounter. What should attorneys be prepared to do when they’re met with similar behavior in court? MS: When I was mistaken for a court reporter on my first day as a public defender, I replied “No, I’m not the court reporter. My name is Michelle Suskauer. I’m an attorney.” In my view, most women have experienced some type of explicit or implicit bias, so it’s best to be equipped with a response beforehand. Not an angry response, though, because this is instructive, and the conversation should be constructive in order to make change.
RG: It took 70 years for the bar to elect its first May 2019 ⚖ RES GESTAE
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six female presidents. How long do you think it will take for the bar to elect its next six? MS: I think a better question is: When will we stop counting how many women have been president of The Florida Bar? When I was a child, only three percent of lawyers in the United States were women. Now in Florida, 39 percent of attorneys are women. The Florida Bar has always been a leader on the issue of diversity and inclusion and more recently on gender equality. We’re making progress every year, so I am confident we will continue to move in the right direction and more women will serve in leadership roles. As the sixth female president, I know that women need to see other women rising in the ranks successfully and without sacrificing personal or family obligations so they know they can too. It is my privilege and commitment to lift others and make sure the door is open for many more women to walk through, so that we lose count as to how many women have been president of The Florida Bar.
RG: Do you have any recommendation for the bar as it relates to gender diversity moving forward? MS: This year we have the highest number of women serving on The Florida Bar Board of Governors ever and 52 percent of my appointments to committee leadership positions were of women. Florida also has the largest percentage of women on the bench than ever before. Moving forward, The Florida Bar needs to continue to create awareness of gender equality issues and support women in the profession through hiring, promotion and retention.
RG: Is there anything you would say regarding the bar’s progress on diversity and inclusion as a whole? MS: We have made it our mission to increase diversity and inclusion in The Florida Bar so that the Bar will reflect the demographics of the state and to make leadership roles within the profession and The Florida Bar accessible to all attorneys, including those who are racially, ethnically and culturally diverse, women, members of the LGBTQ community and persons with disabilities. In fact, in our current strategic plan one of the five objectives is to encourage and promote diversity and inclusion in all aspects of the profession and the justice system. We are working very hard to achieve a diverse judiciary as well as diverse judicial nominating commissions. We also continue to provide $25,000 a year in grants to local bars to support initiatives and programs
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that encourage diversity, diversity training and dialogue among lawyers and I encourage the Lee County Bar Association to apply for a grant to support your efforts.
RG: What should diversity and inclusion committees in community-based bar associations, and specifically the Lee County Bar Association’s Diversity and Inclusion Committee, try to accomplish? What is their most important responsibility? MS: The most important responsibility is ensuring that all members have a voice, are involved and feel comfortable participating with members of any local bar association. Local bars should continue to offer diversity programming as well as the development, continuation and communication of The Florida Bar’s diversity efforts. The mission for everyone should always be to foster an environment where individuals of diverse race, color, ethnicity, culture, gender, sexual orientation, gender identity and expression, nationality, age, disability, and marital and parental status may thrive professionally and contribute to the goals of the community in Lee County. ⚖
A note from the LCBA Diversity and Inclusion Committee The LCBA Diversity and Inclusion Committee is excited to be hosting its third annual Diversity Workshop and Luncheon. Committee members include Kelly L. Fayer, Hon. Devin George, Ita Neymotin, Henry Lee Paul, R. Noelle Branning and John Webb. Throughout the year, they meet regularly to identify topics of interest in the community while securing speakers whose life experiences serve as a reminder of the importance of diversity and inclusion. The committee strives to develop a program each year that both supports the efforts of the Florida Bar’s Committee on Diversity and Inclusion and promotes acceptance as articulated by Malcolm Forbes when he said, “Diversity: the art of thinking independently together.” In hopes of encouraging professional and inclusive relationships with new attorneys and veterans alike, LCBA Diversity and Inclusion Committee members seek the input of all LCBA members. If you have an interest in participating on the committee or ideas for topics to address, please reach out to any of the committee members.
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Equestrian, Esq. A
courtroom won’t soon be mistaken for a stable, and vice-versa. Still, you can regularly find a large contingent of local attorneys in both places. It could be because growing up riding competitively gave them the skills to pursue a career in the law. Studies have found that competing in horse shows “enhances important skills, including goal-setting, self-reliance, and follow-through.1” One such study, authored by Kathy Anderson, the extension horse specialist at the University of Nebraska at Lincoln, found that kids who engaged with horses positively developed “decision-making, thinking, communicating, goal setting and problem solving” skills. Those skills translate to tough pursuits, like law school. Another study co-authored by Dr. Ann Swinker, professor of animal science at Penn State University, found that getting children involved with horses can help with “problem solving, goal-setting, or decision-making skills.2” For children and adults with disabilities, riding can be nothing short of life changing. Attorney and equestrian 1 “Influence of 4-H Horse Project Involvement on Development of Life Skills”, K.P. Anderson, October 2011. 2 “Horsemanship and Life Skills of Youth in Horse Programs”, Ann M. Swinker, Ph.D., February 2006.
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Erin HouckToll of Henderson, Franklin, Starnes & Holt, P.A. continues her lifelong love of horses and riding and shares that with others as vice president of the Special Equestrians Board of Directors. Jan Fifer, the Erica Cohen and horse Chantima organization’s executive director, has seen incredible results with kids who participate in their therapeutic riding programs, “including balance, coordination, trunk strength, flexibility, concentration, sensory awareness, social skills and even communication skills.” Horses can also provide children with a much-needed departure from difficult circumstances, as they did for Jackie Burrell, owner of Fort Myers Court Reporting and Guardian Reporting.
Photos: Kate McQuagge Photography
By Christine Elaine King, Esq.
Left to right: Christine Elaine King with horse Buddy the Elf, Neale Montgomery with horse Porter, Erica Cohen with horse Chantima.
“I’ve ridden horses since I was in first grade,” Burrell said. “My childhood was not so pleasant for quite a few years, and horses have always been my safe place. They were an escape when I was young and now as an adult they help me escape the stresses of everyday life.” Local environmental and land use attorney Neale Montgomery, a partner at the Pavese Law Firm, started riding later in life after she found the connection to animals a welcome break from practicing law. Montgomery competes in both the hunter and jumper arenas and likes the immediate feedback of show jumping. In October, she was the winner of her hunter class at Fox Lea Farm. “Competition is a way to gauge how you are progressing,” she said. When Junior Partner Erica Cohen of the Dorcey Law Firm isn’t helping her clients with their estate and business planning and asset protection, you can find her and her mare, Chantima, practicing at Pennington Farms in Fort Myers or competing in hunter and jumper shows across the state. Cohen started riding at 3 years old and never looked back despite the hard work and major time commitment of the sport. “Contrary to popular belief, we do not in fact ‘just sit there,’” Cohen said. Riding requires physical strength to guide a 1,500-pound animal around a course of eight to 14 jumps with only your seat and legs, and it’s also challenging mentally. In addition to the stress of any competition, you have to memorize multiple jump courses in a matter of
minutes, in some cases racing a clock, all while being judged and trying to make it look effortless. Rachael Dann, a trainer at Pennington Farms in Fort Myers, points to the cerebral nature of competitive riding. “The first three jumps are critical to set the pace for the rest of your round,” Dann said. “Remembering your course, heels down, connect the calf, eyes up, support the horse throughout the corners … increasing your speed, maintaining the impulsion of the horse and then adjusting your distance to the jump based on the physics.” Ann Pennington, the owner and founder of Pennington Farms Inc., is a sought-after equestrian trainer and renowned hunter-jumper judge. She’s recognized as an “R” judge by the U.S. Equestrian Federation in Hunters, Jumpers, Hunt Seat Equitation and Hunter Breeder. Pennington knows the strength, power, and mental and physical stamina it takes to ride competitively. For nearly 40 years, she has trained hundreds of children and adults to compete at her Fort Myers equestrian facility, including her fair share of lawyers. Pennington jokes about the challenges of training the dozens of attorneys who have been through her intensive training. While commending the work ethic of those in the legal profession, she often has to remind them to stop overanalyzing everything and think like a horse (a horse’s brain is about half the size of a Christine Elaine King and horse Buddy the Elf human’s). May 2019 ⚖ RES GESTAE
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“Lawyers need to leave their analytical brains at home,” she said. Pennington believes the success of her young students who grow up to join the legal community, and that of her current field of lawyers, can be boiled down to three things: “determination, determination, determination.” For the most part, she finds attorneys listen to her critiques, are tough on themselves, strive for perfection, and practice. It’s uncertain whether riding skills promote legal brains or it’s just that people who are high-achieving problem solvers naturally gravitate to riding and the law. What is certain, from the point of view of legal professionals who ride competitively, are the similarities between the two. Case in point is the gender neutrality of the sport and profession. In both the law and equestrian hunter-jumper competitions, men and women compete equally against each other. But sometimes, equal opportunity doesn’t always mean equality. Cohen, who is 32, recounts having a client ask when the attorney will be joining the meeting and having to “smile politely, and say, ‘You’re looking at her.’” She likens her practice of helping clients with their goals and fielding their concerns with the horse and rider partnership. “Just like I use tools in my practice to help clients accomplish their goals, I use tools in my riding to make sure I help my mare get around the course,” Cohen said. Whether you are preparing for a courtroom or a show ring, etiquette, civility and professionalism are a must. Proper attire and decorum are expected, norms and rules of procedure are enforced and judges rule the day. Most importantly, you have to be prepared and analyze every possible scenario. Then, of course, you expect the unexpected, like a photographer spooking your horse or a judge reversing themselves. Montgomery spends most of her time as a Florida land use dispute special master and represents clients in administrative hearings before local and regional entities. She agrees that being prepared is the way to go. “You never know what is going to happen at a public hearing,” Montgomery said. “There are always unexpected twists and turns no matter how hard you try to be prepared for every issue that may arise. “Riding a horse in a show is a similar. No matter how hard you prepare, you can never be sure what mood the horse is going to be in that day. You just know you have to stay on your game.” If you check in with law practices around the area, you are bound to find other Equestrian Esquires. Attorney
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Photos above top to bottom: Buddy the Elf, Neale Montgomery and horse Porter.
Mandy M. Smith of Cole, Scott & Kissane, P.A. was a competitive rider up until a few years ago. Before practicing law, she was a member of the NCAA Division I women’s equestrian team at Oklahoma State University, where she was required to ride completely unfamiliar horses. “My job was to spot issues, and then make the horse look as good as you could with the skills I had developed. This is no different than practicing law,” Smith said. “There are often strengths and weaknesses in cases, and it’s my job to develop a trial strategy that includes highlighting the strong parts of a case and downplaying those that are not necessarily beneficial for my client.” Being an equestrian is not all hard work. Riders insist there is something amazing about the relationship between them and their animals. “For me, the experience is nothing short of a ‘spiritual’ one,” said Richard M. Haberle, judicial assistant to the Hon. Carolyn Swift. “There is something about a horse’s energy that creates a powerful shift in ‘horse people’ that allows their body to let go of all tension and stress and focus on the organic interactions with their horse, which comes with a deep sense of fulfillment and happiness.” Montgomery believes riding has a social benefit. “Riding provides a fun way to exercise while spending time with animals and people,” she said. There have been a multitude of studies performed outlining the vast benefits of immersing yourself into the horse world.3 A 2013 study from Case Western Reserve University discovered that spending time with horses can help people develop a sense of empathy, as well enhancing their social and leadership skills.4 Another study from The Ohio State University found that equine therapy helps people suffering from a variety of diseases, particularly Alzheimer’s and dementia.5 The author of this piece is a part of the Mcquagge & King Law Firm, which specializes in recovering unpaid PIP auto insurance benefits for medical providers — or, simply put, they fight big insurance companies for a living. From emails to hearings, there is a lot of contention, so being with her horse provides her a “happy place” to go to. When they ride and the horse takes a 3 https://www.healthiestbest.com/benefits-of-horseback-riding 4 https://www.sciencedaily.com/releases/2013/12/131211093622.htm 5 https://news.osu.edu/news/2014/05/05/caring-for-horses-eases-symptomsof-dementia/
Christine Elaine King and Buddy the Elf
big happy breath, the author’s blood pressure drops immediately. Cohen says that for her, it is about the bond with the horse. “I love the moment when a horse and rider connect,” she said. “That feeling when you look your horse right in the eye and you know you’ve established the ultimate connection.” Horses have taught Haberle to be driven. “Talent only takes you so far,” he said. “To learn how to ride a horse — and I mean really ride a horse — takes hours and hours, and years and years. I am still learning every day. I can’t sit on the sidelines and expect to learn more about my sport. I have to do it, read about it and practice it.” Famed equestrian coach, trainer and Judge George Morris said, “Practice doesn’t make perfect, Perfect practice makes perfect.” The same could be said of riding or practicing law. ⚖
Christine Elaine King, Esq. is a partner at the McQuagge & King Law Firm. She focuses on personal injury, wrongful death and recovering unpaid/underpaid auto insurance claims for medical providers. Christine and her thoroughbred, Buddy the Elf (show name Domingo), compete for Pennington Farms Inc. in the Hunter division.
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the dish BY PETER KNIZE, ESQ.
Ember Korean Steakhouse: Nothing Ventured, Nothing Gained
“Korean family dining is like Italian family dining on steroids,” says Chris Shin, the restaurant’s general manager. “The traditional Korean family dinner experience is a table full of food, everyone sharing different dishes.”
Ember wagyu burger with Fries
unique wine selections, attentive hospitality, hip music, dernier cri cocktail and sushi bars, cool color schemes — is designed to create a sense of occasion, a sense of especial experience. Chris Shin, whose tutelage under the cuisine masters of Los Angeles, and Chef Park, a Korean culinary powerhouse in his own right, hit all the high notes with this vogue, elegant, modernist symphony.
Korean barbecue experience
As many know, Korean barbecue is a distinctive method of cooking meats, usually chicken, pork, beef, fish, and scallops, on grills built into the dining table. “We wanted to marry the Korean dinner experience with the Korean barbecue method with the American steakhouse. And we wanted to bring them all to Fort Myers,” Shin said. The sui generis marriage is a success on all accounts. Visionary Jack Shin, entrepreneur, restaurateur, owner, father of Chris and two-decade Lee County resident, felt the time was right. Upon entering it quickly becomes apparent this contemporary eatery is headed by pros. Everything — the swank ambience, eclectic menu options,
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Mandu dumplings
What seemed like endless varieties of kimchi, the traditional salted and fermented vegetable dish, are immediately served, each delivering unique tastes and textures to the palate. Pickled Korean radish, napa cabbage, cucumber and japchae (the famous Korean glass noodles) are just a sampling of this ancient staple of Korean cuisine culture, each better than the last, simple and spicy, subtle and satisfying. As litigators are measured by their prowess, Korean restaurants are measured by their kimchi. With this benchmark, Ember passes the bar. Chef Park’s ability to present traditional Korean dishes equally with Ember’s modern fusions provides tempting selections for every curious explorer. Indulge yourself in Park’s classics, from the traditional galbi — a Korean marinated (“bulgogi”) beef short rib that tops the quintessential requisites — to the scrumptious dolsot bibimbap — a classic Korean rice dish mixed with namul (sautéed and seasoned vegetables), gochujang (chili pepper paste) and
Photos: Garren Rimondi
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ort Myers has never seen anything remotely like this exciting, trendy and welcomed Korean-American fusion addition to our local cuisine scene. A feast of savory aromas, gastronomical pleasures and delightful flirtations of fun and flavors await each fortunate sojourner to Ember Korean Steakhouse at the southwest corner of College Parkway and U.S. 41. Say goodbye to conventional; say hello to imaginative.
beef served sizzling hot in an earthenware pot. Perhaps modern fusions are your fancy. If so, start with the creamy and delicious Daeng Jang Jigae — Korean miso with zucchini, tofu and potatoes. The gogi tacos and the sushi burrito are refreshing takes sure to bring smiling gratification. Seasonal banchan (traditional Korean side dishes) range from fun to fabulous and change often, creating new compositions to each dining experience.
impressionism will refresh the mind; the Mango Tango sushi made from red snapper caught locally that day will revitalize the body; and the patbingsu (Korean shaved ice) dessert will resuscitate the soul. Parting advice: When in Rome, do as the Romans do. When in Ember, be adventurous; life is short, my friends. Savor every second and save room for savory seconds. ⚖
But most importantly, Ember’s “23andMe” DNA test results are back and its double-helix ancestry is: S-T-E-A-K-H-O-US-E. Wagyu New York strip and A5 Kobe set the stage, making Ember a serious contender for the title of newest flagship steakhouse of Fort Myers. Difficulty deciding between the impressive selections? No problem. Ember offers its “Butchers’ Feast,” allowing guests to combine these choices, serving as few as two and as many as six invitees.
facebook.com/embersteakhousefortmyers 7091 College Parkway No. 9, Fort Myers Monday-Thursday, 11:30 a.m.-11 p.m. Friday-Saturday, 11:30 a.m.-midnight Sunday, 4 p.m.-11 p.m.
Did I mention fresh sushi? Let’s just say Ember ships live fish from Japan just-for-you. Enough said.
Peter Knize is senior vice president of trust services for Investors’ Security Trust, working with clients, their families and advisors to create estate planning and tax strategies as well as advising and managing trust and estate administration. He serves as an LCBA board member at large, treasurer of the Estate Planning Council of Lee County and secretary of the Guardian ad Litem Foundation.
And here’s the fun part — the meal can be grilled (Korean barbecue style) at your table, either by you and your friends or the attentive staff. The fun is only starting. The signature top-shelf cocktails from the chic bar with hints of L.A.-infused
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Attorney Guest Column ANDREW J. BANYAI, ESQ.
Commitment to pro bono work would expedite court proceedings
I
t was a rite of spring for the Lee County Legal Aid Society. Every year around this time, we typically write to area attorneys asking you to “buy out” your pro bono service obligation with a financial contribution. While we always appreciate donations of monetary support, we do not actually want you to “buy out” your pro bono service hours. You should act on your commitment to provide pro bono service in your community. And we want you to do it with us. The Legal Aid Society has been operating in this community for more than half a century, and we are excited about our new partnership with the Clerk of Court to provide free legal advice to Lee County residents who have basic questions inappropriate for full-blown legal representation. Many are seeking to stop their wages from being garnished, though a handful would like to garnish someone else’s wages. Many are trying to prevent an eviction, though a handful would like to get a squatter out of their spare bedroom. What these cases have in common is that none of the people who present them would otherwise be your customers. Absent our help, they would proceed pro se and set about wasting valuable court time and resources with rambling haphazard pleadings and near-incoherent court appearances. You wonder why you have to tell your clients you can’t get a hearing for two months? It is not because of a veteran attorney’s thoughtful and well-crafted motion to suppress. It’s because someone is busy answering a judge’s question with irrelevant nonsense. You can help these people not waste our time, and you can
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educate them while helping yourself, your practice and your community. We get many questions related to every conceivable legal practice area, and our expertise only extends so far. We need your help to take our courthouse clinic to the next level. The work of the new LCBA Pro Bono Committee has just begun. We are excited to have you at our next meeting on Thursday, May 23 at the Green Cup Café. We can’t wait to see you there to talk about the impact we can make together. ⚖
Reminder: Add LCBA Pro Bono Committee Lunch Meeting dates to your calendar on the fourth Thursday of every month. We meet at noon at the Green Cup Café, 1412 Dean St., No. 100, Fort Myers. May 23 Jun 27
Jul 25 Aug 22
Jan 23 Feb 27 Mar 26
Apr 23 May 28 Jun 25
2019 Sep 26 Oct 24
2020 Jul 23 Aug 27 Sep 24
Nov 21 Dec 19 Oct 22 Nov TBD Dec TBD
Andrew Banyai is the co-chair of the LCBA Pro Bono Committee and executive director of the Lee County Legal Aid Society. He is the most recent winner of the Paulette Burton Citizen of the Year Award and a former president of the Lee County Chapter of the Florida Association of Criminal Defense Lawyers. He earned his Juris Doctor from Michigan State University.
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LCBA Judges Spotlight
Hon. Devin George
1. I’ve known my husband since I was in the third grade. I recognized the “cute new kid” who worked at the local pet store. We didn’t start dating until I was in law school. 2. I grew up in Michigan but have only experienced one white Christmas. My grandparents were dreaded “snowbirds” and had a house in Naples. I’ve been in Southwest Florida every Christmas but one. 3. As an adventure, a friend and I picked a town we’d never been to and moved there. It was Mount Pleasant, South Carolina, right outside of Charleston. It is absolutely beautiful, and I was lucky to blind-pick it! 4. I caught a HUGE sawfish right off Gordon Pass. (Catch and release of course!) I hooked it and my brother and I fought for almost two hours until we finally landed it. 5. I tried my first felony jury trial before I graduated from law school. I can’t believe I thought I had a chance at winning! It had everything from missing videos with no other eyewitnesses, to jailhouse snitches, to a “shank” made out of eyeglasses. I now know why they let me try it …
Serving The 20 th Judicial Circuit for over 10 Years
STANDARD 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
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South Fort Myers 6213 Presidential Court Suite 100 Fort Myers, FL 33919
⚖ May 2019
Downtown 2022 Hendry Street Suite 104 Fort Myers, FL 33901
Naples 1415 Panther Lane Suite 303 Naples, FL 34109
Debbie Cail, Office Manager
DONNA TISCH M E DI ATI ON S • ARBI TRATIONS
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Certified Circuit Civil Mediator Qualified Arbitrator AV Rated Board Certified Civil Trial Lawyer (1998) Since its inception in 1985, Direct Impressions continues to produce Southwest Florida’s highest quality commercial printing, digital printing, and effective direct mail campaigns. Call today to see how we can grow your business!
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Online Scheduling for Mediations and Arbitrations DonnaTisch.com 239.826.3644
May 2019 ⚖ RES GESTAE
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LCBA Members spotlight
Alexandra Kleinfeldt, Esq.
1. I was awarded one of five summer research grants from the Animal Legal & Historical Center at Michigan State University, funded by the Animal Legal Defense Fund. It was an honor to be selected, since anyone at an ABA law school in the U.S. and Canada was eligible. The three articles I wrote as part of the research are published online. 2. I learned three foreign languages attending school in Germany — English, Spanish and French. 3. I worked as a caddy starting at age 14. The course was hilly, and there were no electric carts. Sometimes, I had to haul two pull-carts around the entire course — pushing one and pulling the other. But the golf instructors gave the caddies free lessons, so that’s how I learned to play the game. 4. My husband and I started running in July 2014. Our first race was the Disney full marathon in January 2016, using the Jeff Galloway method of intervals. Since then, I’ve run three half-marathons and two 5Ks. 5. I was joint owner of a harness racehorse named Law and Order while I was at law school in Germany.
Thank yy...
FOR CONTINUING TO TRUST US WITH
YOUR CLIENT’S INJURY CASE. Jeff
Cell: 239.940.9716
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Leland
Cell: 954.294.2005
⚖ May 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
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
Veronica L. De Noy Ms. Veronica Lorena Garcia de Noy Courtney L. Brevard The Hertz Corporation Ashley L. Suarez Roetzel & Andress, LPA
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Chuck Nieves, M.A., C.R.C., C.V.E., C.C.M., C.L.C.P., V.E. Vocational Rehabilitation Expert
3049 Cleveland Avenue, Suite 241, Fort Myers, FL 33901 Phone: (239) 275-6598
Email address: vocexpert@hotmail.com
Website: www.vocationalexpert.org
Denise Wheeler Wright
“Helping people be Independent“
May 2019 ⚖ RES GESTAE
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legal lens LCBA LUNCHEON
More than a dozen past presidents from the LCBA's long history of service attended the annual Past Presidents Luncheon on March 22 at the Sidney and Berne Davis Art Center. They regaled today's bar members with stories of generosity, connectivity and obstacles overcome, imparting lessons that will empower the next generation of bar leadership.
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8 âš– May 2019
1. John Agnew, John Webb 2. Michael Randolph, Carlos Kelly 3. Hon. Carolyn Swift, Magistrate Gilberto Perez 4. Che Diaz, Hon. Archie Hayward, Denise Molina 5. Paul Liles, Jeff Kottkamp, Dennis Webb, Robert Pritt 6. Shaina Zuppke, Kristalyn Loson, Kelly Fayer 7. Steven Niehaus, Tom Smoot 8. David Sims, Hon. Andrew Swett
Photos: Jim Jett Photography
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Lee County Bar Association's 100 Club Absolute Law
Goldstein, Buckley, Cechman, Rice & Purtz, P.A.
Aloia, Roland, Lubell & Morgan, PLLC
Grant Fridkin Pearson
The North Law Firm, P.A.
Arend & Sisk, P.A.
GrayRobinson, P.A.
O’Halloran & O’Halloran, Attorneys at Law
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
Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A.
Patrone & Kemp, PA
Bonita Springs City Attorney’s Office Boyle & Leonard, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC
John Webb Legal Group, P.L.
Buchanan Ingersoll & Rooney PC
Knott Ebelini Hart
Calvo & Calvo
Kuhn Law Firm, PA
Cody & Linde, PLLC
Kushner & Kushner
Coleman & Coleman
LaDonna J. Cody, P.A., Attorney at Law
Cole Scott & Kissane, P.A., Bonita Springs Office DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A.
Law Firm of Scott T. Moorey The Law Office of Brantley Oakey
Spivey Law Firm, Personal Injury Attorneys P.A.
The Law Office of Michael M. Raheb, P.A.
Strayhorn and Persons, P.L.
Florida Rural Legal Services
Law Offices of Dennis L. Webb, P.A.
Toll Law
Fort Myers City Attorney’s Office
Lee County Legal Aid Society, Inc.
Vernis & Bowling of Southwest Florida, P.A.
Garvin Law Firm
Levins & Associates, LLC
Viacava & Cantor Attorneys at Law
Geraghty, Dougherty, Edwards & Stockman, P.A.
Maughan Law Group
Viles & Beckman, LLC
Goldberg Noone, LLC
McQuagge Law Firm
Yeslow & Koeppel, P.A.
Kelleher Firm
Men’s Rights Law Firm
Pavese Law Firm Richard Johnston Law Robert Harris Law Firm Roetzel & Andress, L.P.A. Rubinstein, Holz & King, P.A Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Simmons Law Firm, P.A.
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.
May 2019 ⚖ RES GESTAE
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In The news Henderson, Franklin, Starnes & Holt, P.A. business and tax attorney Sara Qureshi has joined the Abuse Counseling & Treatment Inc. Board of Directors. ACT is a private, not-for-profit agency committed to serving victims of domestic violence, sexual assault and human trafficking. Qureshi focuses her practice in business organization operations and planning, mergers and acquisitions, federal and state taxation, intellectual property, and health care law. She is fluent in Urdu and Hindi. Qureshi also serves as social chair for the Lee YLD. Lee County Legal Aid Society Inc. Executive Director Andrew Banyai received the Paulette Burton Citizen of the Year Award at a recent meeting of the Lee County Board of County Commissioners. The accolade recognizes a Lee County citizen who has provided outstanding civic contributions to Lee County government. Banyai has headed Legal Aid since February 2018 and previously was a partner at the Aiken, O’Halloran & Banyai firm. He serves as co-chair of the LCBA Pro Bono Committee. Florida Board Certified Tax Attorney Guy Whitesman of Henderson, Franklin, Starnes & Holt, P.A. recently co-presented “Tips and Traps in Drafting the LLC Operating Agreement” at the 2019 Florida Tax Institute in Tampa. Greenberg Traurig Attorney Joel Maser also co-presented. Whitesman chairs Henderson Franklin’s Business and Tax division and concentrates his practice in mergers and acquisitions, business organization planning, and taxation. He also serves as general counsel to a number of the firm’s clients.
Send us your news at ResGestae@LeeBar.org. See more LCBA members in the news at LeeBar.org/in-the-news.
KEMPTON P. LOGAN Certified Mediator/Arbitrator • Certified Circuit-Civil / and Federal Mediator since 1991 • Panel Arbitrator, American Arbitration Association and 20 th Judicial Circuit • Over 30 years civil litigation experience in Southwest Florida, including Personal Injury, Contract, Partnership, Real Estate, Insurance, and Probate. • Available for Court ordered or private arbitration. • www.kemptonlogan.com For Scheduling - Please call (239) 470-7190 or email: loganlaw@earthlink.net
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⚖ May 2019
WANT REFERRALS? Your fellow LCBA attorneys could be your #1 source.
ADVERTISE HERE! Contact Linda Fiore 239.690.9840 or Linda@ConricPR.com
#Kindlee Community Spotlight BY CHRISTINA HARRIS SCHWINN, ESQ.
JA's annual Law Day inspires future leaders As a high school student in Reno, Nevada, I was president of a Junior Achievement “company” that successfully launched a new product. That experience was life-changing and sparked my early interest in business law, and it also laid the foundation for my desire to help students find their passion through Junior Achievement of Southwest Florida’s annual Law Day.
behind-the-scenes glimpse into the courthouse system and the multitude of professional opportunities available.
Inspired by Junior Achievement’s job shadow opportunities, which allow students to see firsthand what it would be like to work in certain fields, the Law Day program provides students with an inside look into law-related careers.
Students learn relevant information that will help direct their decision-making process throughout their lives. Law Day is just one of the many ways Junior Achievement of Southwest Florida prepares up-and-coming leaders for success, providing impactful opportunities to impart wisdom on the next generation of business professionals as they develop a road map for their future career paths. ⚖
This February, Law Day escorted 50 local high school students on a free tour of the Lee County Justice Center, where they observed the justice system in motion, met with legal professionals and learned about the field of law in a professional environment. Law Day began with a presentation by Clerk of Court Linda Doggett and a tour of the Clerk’s office, followed by a tour of the jail and concluding with a panel discussion led by three Honorable 20th Judicial Circuit Judges. The event introduced students to various career paths and processes, providing a
The program provides opportuntities for students to interact with and learn from business leaders who are working within the industry today, and it touches students’ lives in many ways. Some decide that day that they want to become lawyers, law enforcement officers or even judges.
Christina Harris Schwinn is a partner at Pavese Law Firm and past chair of the Junior Achievement of Southwest Florida board of directors. To learn more about Junior Achievement of Southwest Florida and its programs, visit www.JASWFL.org, call 239-2252590 or email info@jaswfl.org.
May 2019 ⚖ RES GESTAE
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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.
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PRSRT STD U.S. POSTAGE
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FT. MYERS, FL PERMIT NO. 147
P.O. Box 1387 | Fort Myers, FL 33902-1387 (239) 334-0047 | Fax (239) 334-0523 LeeBar.org
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