Res Gestae - April 2020

FELONS STILL FEEL IMPRISONED BY VOTING LAWS

LCBA PRESIDENT ADDRESSES COVID-19

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • APRIL 2020

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Cynthia Duff, President

contents guest attorney

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Cover: original composite image by April Bordeaux

Emotions can be an asset during mediation Denise Wheeler Wright, Esq.

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on the cover

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Felons still feel imprisoned by voting laws Tom Hayden

special feature

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Ethical standards paramount when representing paying or pro bono clients

34

Shanthy Balachantiran, Esq.

departments 6

Letter from the President

Matt Roepstorff, Esq.

8

Letter from the Executive Director

Lauren Baugh

10 Calendar of Events 12 Ethically Speaking

Henry Lee Paul, Esq.

14 Practice Section

Solo & Small Firm

20 34 Legal Lens

Mock Trial Circuit Competition

36 5 Things You Don't Know

About Me

Honorable Archie Hayward, Jr.

38 5 Things You Don't Know

About Me

Scott Hertz, Esq.

40 In The News

16 YLD Spotlight

Tiffany Pereira, Esq.

ad directory Bounds Law Group 15 Boy, Agnew, Potanovic 13 Business Observer 25 Calvo & Calvo Attorneys at Law 37 CONRIC PR & Marketing 36 CopyLady IFC DeMine Immigration Law Firm 17 Denise Kennedy 37 Direct Impressions 33 Donna Tisch 21 Downtown Social House 9 Edison National Bank BC Florida Spine & Joint Institute 19 Henderson, Franklin, Starnes & Holt, P.A. 32 Hurtado Immigration Law Firm IBC Kelleher Firm 25 Knott • Ebelini • Hart 21 Law Firm of Scott T. Moorey 40 Law Offices of Dennis L. Webb 13 Law Offices of Dennis L. Webb,Justin Hales, Esq. 35 Leonard P. Reina 39 Livingston Loeffler, P.A. 21 Markham Norton Mosteller Wright & Company PA 35 McHale, P.A. 39 McHale Properties Co. 21 Men's Rights Law Firm 15 Merit Court Reporting, Inc. 39 Morgan & Morgan 11 Musca Law Office, Inc. 3 NAVTECH USSA MARINE SURVEYOR 27 Pulse Technology Solutions 41 REAS, Real Estate Advisory Services, LLC 35 Responsive Occupational Rehabilitation, Inc. 27 Ringsmuth, Day & O'Halloran, PLLC 7 Roetzel & Andress 17 Sanibel Captiva Community Bank 42 Sexto Productions 33 Sheldon E. Finman, P.A. 27 Simon Harrison 27 Spivey Law Firm Personal Injury Attorneys, P.A. 5 Sproat Workplace Investigations 37 Steve Niehaus, Edison Business Advisors 38 Stockman Mediation 33 The North Law Firm, P.A. 26 Veranda Restaurant 38 Wright Mediation 25

20 Legal Lens

LCBA Luncheon

Our advertisers support the Lee County Bar Association.

26 New Members 30 The Dish

Azure Restaurant

32 100 Club

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Please do your best to support them.

30 Leebar.org

president's letter To say the least, we live in amazing and uncertain times.

The disruptions caused by the novel coronavirus have been as impactful as they were unexpected. Times like these challenge a community to work in unison, with everyone doing their part for the betterment of the whole.

To that end, the LCBA must do our part by postponing and suspending all in-person activities and scheduled events.

LEE COUNTY BAR ASSOCIATION administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

executive council

During this time, we will also be proactive and creative in utilizing all available technology to carry on normal operations. We are encouraging all LCBA practice sections and committees to implement virtual and telephonic media and software to conduct their regularly scheduled meetings and events. In this way, we can continue to interact in a virtual setting, without the risk of spreading the virus through in-person contact. For those seeking consultation with a legal professional, our Lawyer Referral Service will continue to be available by phone.

Unexpected challenges often call for creative solutions. At the beginning of the year, we started with a calendar of presentations, events and social gatherings which were planned months in advance. Those plans are now subject to inevitable change. Through our programming, publications, and events, we will adapt to the legal needs of the community and provide updates on important legal matters when and where they are needed most.

While we cannot say for sure when this emergency will end, we know it is certain to pass. I am confident that when this virus has been defeated, we will be able to look back proudly at how each member of our community did their part to protect and support one another, especially those who are most vulnerable to the virus.

SECRETARY

Kathy Smith, Esq.

VICE PRESIDENT

TREASURER

Blake Hampton, Esq.

Tiffany Pereira, Esq.

YLD President - Tiffany Pereira, Esq. President Emeritus - John Webb, Esq. BOARD MEMBERS

On March 1, Florida Gov. Ron DeSantis filed an executive order declaring a public health emergency throughout Florida. Shortly after, Chief Justice Charles Canady of the Florida Supreme Court issued an administrate order directing the state courts to postpone all non-essential and non-critical court proceedings.

We will continue to closely monitor any updates and directives from the Governor’s office and the Florida Supreme Court.

Upon the abatement of the public health emergency and the state court system resuming normal operations, our goal is to reschedule as many previously postponed LCBA events and activities within the 2020 calendar year.

PRESIDENT

Matt Roepstorff, Esq.

Spencer Cordell, Esq. Peter Knize, Esq.

Michael-Anthony Pica, Esq. John Miller, Esq.

committee chairs

practice section chairs

BENCH-BAR GALA

Danielle Butler, Esq.

ALTERNATIVE DISPUTE RESOLUTION

DIVERSITY AND INCLUSION

Anne Dalton, Esq. and Bill Merchant, Esq.

Ita Neymotin, Esq. and Kelly L. Fayer, Esq. HEALTH AND WELLNESS

John Miller, Esq. and Joel Hyatt, Esq. HISTORY

Jenna Persons, Esq. and E. Bruce Strayhorn, Esq. LAW RELATED EDUCATION

T. Rankin Terry, Esq. LAW WEEK

Hon. John S. Carlin LCBA FOUNDATION CHARITY GOLF TOURNAMENT

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

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

Shanthy Balachanthiran, Esq.

The LCBA will carry forward its mission to educate members, create meaningful interaction amongst its members and inform the community on important legal matters. All our best and please stay safe.

APPELLATE LAW

Alex Brockmeyer, Esq. and Matthew Irwin, Esq. CRIMINAL LAW

Leah Harwood, Esq. and Kathleen Fitzgeorge, Esq. ELDER LAW

Blake Hampton, Esq. and Amy McGarry, Esq. FAMILY LAW

Christina Holly, Esq. and Malany Marquez-Kelly, Esq. GENERAL CIVIL AND BUSINESS LITIGATION

George Knott, Esq. and Carlos Kelly, Esq. IMMIGRATION LAW

Indera DeMine, Esq. and Nirupa Netram, Esq. LAND USE AND GOVERNMENTAL LAW

Erica Woods, Esq. and Sarah Spector, Esq. REAL PROPERTY, PROBATE & TRUST LAW

Kenneth Kemp, Esq., Jennifer Hammond, Esq. and Peter Knize, J.D., L.L.M. SOLO & SMALL FIRM

Conor Foley, Esq. TORT LITIGATION

Dawn Maselli, Esq.

Matt Roepstorff, Esq. matt.roepstorff@gray-robinson.com | 239.340.7936

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Leebar.org

Ringsmuth, Day & O’Halloran, PLLC Proudly Welcomes

One of Southwest Florida’s Top Attorneys to our Criminal Defense Firm

[ Elected State Attorney for 20th Judicial Circuit (4 terms) 40 Years of Litigation and Jury Trial Experience Past President of the Lee County Bar Association

Providing State & Federal Criminal Defense in SWFL for Over 40 Years 2215 First Street | Fort Myers, Florida 33901 | RINGSMUTHLAW.COM | 239-332-2500

executive director's letter This is a difficult time for all of us because of COVID-19.

This pandemic is disrupting our lives in tremendous ways, including how we conduct business within the Lee County Bar Association.

The health and safety of our members is our top priority as we postpone, cancel and change events, continue to help clients and adjust to this new normal.

The official award-winning publication of the Lee County Bar Association, which serves citizens and the legal community since 1949.

239.334.0047 resgestae@leebar.org

staff PUBLISHER

Connie Ramos-Williams | 239.690.9840

EDITOR-IN-LAW

Tiffany Pereira, Esq.

As the mother to a 9-year-old little girl, I know quality of life is of utmost importance, especially now as we make difficult decisions concerning the LCBA.

MANAGING EDITOR Tom Hayden

CREATIVE DIRECTOR April Bordeaux

March came around with high hopes of a great Shrimp Boil and as we all know the coronavirus reared its ugly head forcing us to postpone events from mid-March and into May. While this is a setback, we are hopeful it is a short setback, giving us the time to reflect on what we as a voluntary bar association can do to improve our membership benefits, section meetings, committee meetings, etc.

ADVERTISING DIRECTOR Linda Fiore | 239.690.9840

FEATURE WRITER Tom Hayden

CONTRIBUTING WRITERS

Matt Roepstorff, Esq. Lauren Baugh Henry Lee Paul, Esq. Tiffany Pereira, Esq. Conor Foley, Esq. Denise Wheeler Wright, Esq. Shanthy Balachanthiran, Esq. Michael Hornung, Esq. Hon. Archie Hayward, Jr. Scott Hertz, Esq.

I have always been the type of person to see the light in a dark situation and this is no different. We are working diligently to figure out ways to provide our services. We are still operating our Lawyer Referral Services. We are getting a lot of calls, so while many are not able to go to court due to restrictions, clients are still out there in need of counsel.

I am here to help. If you have any questions or concerns, as always, I am here to assist you. I can be reached via phone at 239-334-0047, ext. 102, or via email at Lbaugh@Leebar.org.

CONTRIBUTING PHOTOGRAPHER Jim Jett Photography

I hope you and your families stay safe and healthy and we will continue to keep you updated as our schedule of events changes and gets updated. Stay positive and help others when you can.

BILLING INQUIRIES

If you and your firm are interested in signing up for the LCBA Lawyer Referral Service, which is open 24-7, please contact LRS@ leebar.org for more information.

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.

ial is again once "soc Can't wait to do th of the past. ing distancing" is a th

Photo right (l to r): This was at the LCAWL Chunky Blanket Social where friends and associates came together for a few hours of laughs, crafts and networking! Lauren Baugh, Tiffany Pereira, Liz Aurensen of Edison National Bank and Carrie Kane of Total Quickbooks Solutions.

239.334.0047

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.

CopyrightŠ2020 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.

Lauren Baugh, Executive Director lbaugh@LeeBar.org | 239.334.0047 Ext. 102

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6216 Whiskey Creek Drive, Suite B | Fort Myers, FL 33919 239.690.9840 | ConricPR.com | info@ConricPR.com Leebar.org

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

APRIL still scheduled

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RPPTL Luncheon Meeting

Noon to 1 p.m. Topic: ESG Investments.

Speaker: Dawn Marie Driscol. Location: Lee County Justice Center, 1700 Monroe Street, Courtroom 5G, Fort Myers.

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Pro Bono CLE Webinar

Noon to 1 p.m. Topic: Cannabis Taxation. Speakers: James Matthew, Justin Hobson and Katherine Allen.

Sponsor: FRLS.

APRIL postponements

1

Criminal Law Practice Section CLE

10 a.m. to noon. Topic: Homicides and Complex Cases: Where to Start.

Speaker: Terry Lenamon. Location: Lee County Justice Center, 1700 Monroe St., Courtroom 5F, Fort Myers.

2

YLD and Pro Bono Committee Meeting

Noon to 1 p.m. Topic: Family Law Primer. Speaker: Ryan O’Halloran.

Location: Lee County Public Works,

1500 Monroe St., Fort Myers. Sponsor: TBA.

16

Land Use Practice Section Lunceon Meeting

Noon- 1 p.m. Location: TBA. Topic: Wetlands Transfer of Development Rights Land Development Code amendments. Speaker: Brandon Dunn with Lee County Department of Community Development, planning section.

17

LCBA Member Luncheon

11:30 a.m. to 1 p.m. Topic: Voting rights restoration. Panelists: Linda Doggett, Tommy Doyle and Neil Volz. Location: Sidney & Berne Davis Art Center, 2301 First St., Fort Myers.

20

Tort Litigation & ADR Practice Sections Luncheon

APRIL cancellations

25

Law In The Mall

Time: TBA. Location: Edison Mall, 4125 Cleveland Ave., Fort Myers. To sign up or volunteer: Email Lbaugh@leebar.org.

Sponsor: TBA.

28

LCBA Annual Law Week Blood Drive

8 a.m. to 3 p.m. Location: Miller Griffin Kiwanis Park, 2154 Dr. Martin Luther King Jr. Blvd., Fort Myers.

MAY postponements

16

LCBA Foundation Golf Tournament

May 16. 7 a.m. - 2:00 p.m. The Forest Country Club, 6100 Partridge Club Rd, Fort Myers. For more details and to register, visit bit.ly/LCBAGolfRegister.

Noon to 1 p.m. Topic: Arbitration/ Mediation: Tips for the Practitioner and Mediator. Panelists: Jane Lane, Bill Merchant and Curt Truitt. Location: Lee County Justice Center, 1700 Monroe St., Courtroom 5-I, Fort Myers.

Discussion and CLE. Sponsor: Tort Litigation and ADR practice sections.

Visit us online at LeeBar.org to see more calendar items and RSVP for upcoming events.

Would you like to submit an event? Email your event submission to ResGestae@LeeBar.org.

Thank You to Our 2020 Annual Sponsors

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Leebar.org

ethically speaking

UNPROFESSIONAL CONDUCT IN MEDIATION CAUSES CLIENT TO REPLACE COUNSEL by henry lee paul, esq.

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Texas lawyer representing Chevron in the Southern District of Texas (Case No.: 4:19-CV-187, White v. Chevron) was removed as counsel by his client for unprofessional conduct. The allegations against BakerHostetler lawyer Dennis Duffy accuse him of engaging in a “campaign of abusive and intolerable conduct that began with profanity laced conversation, which escalated to discriminatory slurs, and culminated into an explicit rhetoric against Plaintiff’s attorney.” The conduct at issue occurred during a mediation.

In addition to using profanity to disparage opposing counsel, he was alleged to have done so while “shaking his behind in front of Plaintiff’s counsel.”

The Plaintiff filed a motion to disqualify Duffy, to restrain him from communicating with the Plaintiff or his attorneys and for monetary sanctions.

Counsel for Chevron, other than Duffy, responded that it “deeply regrets and apologizes that the encounter which is the

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basis of Plaintiff’s motions now burdens the Court.” Chevron further stated Duffy was no longer representing it and had filed a motion to withdraw as counsel.

Chevron asserted because Duffy sought to withdraw as counsel, the motion was moot. Additionally, Chevron alleged the alleged conduct which occurred during a mediation was confidential and protected by the mediation privilege.

It is unknown what action the district court will take in relation to the motion filed by Plaintiffs. It is unknown if the Texas Bar will ultimately investigate the conduct of Duffy. However, the action by Chevron in replacing counsel for alleged unprofessional conduct underscores the reality that unprofessional conduct may have far reaching consequences that may not only involve a presiding court and lawyer regulation. Sophisticated clients will recognize unprofessional conduct by a lawyer they employ might not be tolerated. Few clients will be agreeable to conduct of their lawyer that may be detrimental to their best interest.

The applicability of mediation privilege should be of great interest to Florida practitioners. It is my experience that many lawyers believe unprofessional conduct in mediation is protected by the mediation privilege. It has been reported to me by a multitude of mediators and practitioners that some lawyers have taken liberties with their obligation to conduct themselves in a professional manner Leebar.org

during mediation, in part, because of the mistaken belief that such conduct cannot be regulated.

To the contrary, Florida lawyers should be mindful that F. S. 44.405 provides numerous exceptions to confidentiality.

In particular, F. S. 44.405(6) provides an exception to confidentiality for conduct that is “Offered to report, prove, or disprove professional misconduct during the mediation .”

While some may consider it to be tolerable for a lawyer to shake their behind in front of another lawyer while spewing out a profane tirade of discriminatory and disparaging insults, such conduct is not, and should not be, acceptable. It can be expected that presiding judges, The Florida Bar and the Florida Supreme Court will weigh in to sanction similar conduct.

It can also be expected that clients who employ lawyers to provide competent and professional representation will not tolerate such behavior.

Such unprofessional actions denigrate the reputation of the entire profession.

Henry Lee Paul is a former Bar Counsel for the Florida Bar who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.

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April 2020

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solo & small firm practice section

HOW TO CREATE A SUCCESSFUL REFERRAL PLAN by conor foley, esq.

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efore the age of digital marketing, attorneys relied upon word of mouth and referrals from other attorneys in different areas of practice.

Now, at a time when attorneys have never relied more on internet marketing, attorney-to-attorney referrals is a way to use your network to expand your reach to potential clients and increase revenues.

A successful referral plan has a few components that should be thought through and purposefully implemented: •

Establish a list of referrals in various practice areas for quick reference.

•

Develop a system to easily funnel leads to these referrals.

•

Create a procedure to follow up with the referred attorney.

These simple steps will help you create a way to hand off leads to attorneys within your growing network, and hopefully, create more opportunity for it to be reciprocated.

When establishing your referral list, it is important to be aware of the attorney’s firm, location and contact information, but most importantly the area of expertise. In some instances, you may want to include an entire firm as a part of your list, but knowing that the individual attorneys

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within that firm possess expertise in a specific area is noteworthy and should be included on your list. The more accurate your list is, the more likely these leads will turn into clients for your referrals. It is also important to be selective when compiling your referral list as this will also be a reflection of you and/or your firm. You don’t want to refer a lead to an attorney or firm who you do not trust to give the lead proper attention.

The quickest way our firm has found to funnel leads to referrals is to give the lead the information to contact the attorney directly. This allows for the lead to not only do their research before calling, but to call when they have the time to discuss the situation. Once this information is shared with the lead, we then send an email to the attorney who we’ve just referred to share the lead’s name and possible case.

By doing this, we allow them to be on the lookout for the call while simultaneously strengthening our referral relationship with the attorney and/or small firm. This initiation also helps when it comes time to follow up with the attorney regarding this lead.

Follow up may depend on the firm or attorney the lead is referred to and the relationship you have with them, but

Leebar.org

regardless, you want to find out if that referral has been taken on as a client. In many instances, the attorney may reach out to inform you whether the lead has been signed up. Keep track of the referrals that are sent out, and occasionally follow up with a quick note to make sure the lead was reviewed and if it was signed up as a client.

The Solo & Small Firm practice section prides itself on being a diverse group of attorneys with a wide array of practice areas. We promote referrals within the section as much as possible. Personally, our firm has referred dozens of cases to members of our practice section and received plenty in return. If you or your firm want to be included on the Solo & Small Firm practice section referral list, drop us a note at Conor@gunterfirm.com and we’ll be sure to include you.

Conor Foley, Esq., is co-chair of the Solo & Small Firm practice section of the Lee County Bar Association. The Pennsylvania native is an associate attorney with the Gunter Firm. He received his bachelor’s degree from the University of Pittsburgh and graduated from the Duquesne University School of Law.

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YLD spotlight

Looking for ways to share with you as we navigate the pandemic by tiffany pereira, esq.

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yourselves and your loved ones. If you have any specific questions that we may be able to help with, please do not hesitate to reach out to any LCBA officer.

hen I originally wrote this article, I was excited to outline our upcoming events, but things have changed dramatically.

Following the recommendations of the Florida Bar, the Lee County Bar Association has made the decision to suspend all activities until further notice because of COVID-19. We are looking at options for virtual CLEs and other benefits we can bring to our members at this time.

For more information about the Florida Bar and what it is doing, please visit the dedicated page at floridabar.org/covid19 While I am not a scientist, an economist or the like, I think it is very fair to say that we will be feeling the impacts of this awful time for a while. Your clients may have questions about disaster assistance programs, loans, employment obligations, and many more things that you may be unable to answer. Please know that we are working on programming to help you better address some of the questions that are coming in the near future.

In the meantime, we had our first of many free CLE luncheons on March 5, featuring Carrie Kane of Total Quickbooks Solutions.

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If you do not receive our emails, please contact me so I can add you to our list. For more information about YLD, please email me at tiffany@thepereiralawfirm.com.

Photo above (l to r): Carrie Kane, Tiffany Pereira, Kelsie Davidson

Photo above: Dawn Maselli Photo above (l to r): Tiffany Pereira and Carrie Kane

Carrie taught us how to understand important financial documents such as profit and loss statements, statement of cash flows, and the balance sheet. Lunch was catered by First Watch! A huge thank you goes out to Carrie, as well as Kelsie Davidson of First Watch for providing sustenance while we learned.

During this time, please take care of Leebar.org

Tiffany L. Pereira is a solo practitioner who concentrates her practice on transactional business and agricultural law. In addition to serving as the YLD President, Tiffany is a member of the LCBA Executive Council and is the statewide representative for the Lee County Association for Women Lawyers.

THE

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GURU • Civil • State & Federal • Family Law • Probate & Guardianship • Land Use

Call the Guru for all your Appellate needs!

Christopher D. Donovan 239.213.3865 | cdonovan@ralaw.com ralaw.com | Roetzel & Andress, A Legal Professional Association

April 2020

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guest attorney

EMOTIONS CAN BE AN ASSET DURING MEDIATION

by denise wheeler wright, esq.

requently, attorneys will caution me that their client is very emotional about the dispute I am mediating.

As a mediator, I expect parties to be emotional during mediation. Emotions are one obstacle to resolution that a mediator can help overcome.

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the path to resolution.

Business transactions and negotiations are typically thought of as requiring highly rational, non-emotional communication in order to be effective. However, emotional expression is an opportunity for mediators.

Often the allegations in the complaint are what has brought the case to court, but they may not be the essence of what is bothering the plaintiff.

Create an environment of trust: Mediators should cultivate an environment in which parties feel safe and comfortable. Explaining the confidential nature of mediation and how serious the repercussions for violating this confidentiality can be encourages the parties to speak freely and express their emotions more openly to the mediator. An understanding of the mediator’s role as a neutral party is also helpful in encouraging the parties to express their positions.

The defendant’s reaction to the complaint may be based more on their emotional response to the lawsuit than the applicable legal defenses. The issues at the heart of the matter are what will provide

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While parties need to be polite and respectful of everyone involved, your clients need not leave their emotions at home. How an effective mediator can deal with the parties’ emotions to work through conflict:

Don’t fear emotional expressions: It is difficult to listen patiently to angry or Leebar.org

upset parties and it is sometimes tempting to stop the tension by asking the parties to put emotions aside. However, it can be cathartic for a party to express strong emotions. Parties who are able to express these emotions may then feel like they have been heard — a feeling similar to having had their “day in court.” It is often then easier for them to move toward resolution.

Strong emotions show parties are invested and that they care about the issues before them. Emotional and rational decision making undoubtedly go together. It is usually beneficial to encourage emotional expression with empathic listening.

Focus on resolution: While emotional expression can lead to a greater understanding of the parties’ perspectives and interests, staying focused on the emotional aspects of the dispute may lead to frustration and escalation of strong emotions. Summarizing an understanding

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of the source of disagreement can validate each side’s position and return the focus to the legal issues at hand. Shift the focus from what has happened in the past that created the conflict to the present goal of resolution. Exploring how the situation can be changed now and what can be done to help each party presently are good transitions from emotional exploration to the specifics of resolution.

Give peace a chance: While I am not a therapist, I think mediation can be therapeutic. If I can help parties avoid or get through an impasse by exploring underlying emotions, I will do it because it is often these emotions that cause impasse. Certainly, there are intractable parties whose disputes will not be resolved at mediation, but by searching for and paying attention to the feelings of the parties, mediators give the process a fair chance.

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Denise Wheeler Wright, Esq., is a certified circuit civil mediator with WrightMediation. Denise began practicing law in 1994 in Tampa.

She moved to Fort Myers in 2005 and continued to represent employers and litigate commercial and business disputes.

April 2020

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legal lens The LCBA February luncheon featured a discussion about the hemp industry from three leading experts.

Cole Peacock, co-founder of Seed and Bean Market in downtown Fort Myers; Chriss Marrie, principal of HBK CPAs and Consultants' Naples office and director of the firm's Cannabis Industry Group; and Holly Bell, director of Cannabis for the Florida Department of Agriculture and Consumer Services, lead the panel discussion which drew a large crowd at the Sidney & Berne Davis Art Center. Special thanks to the luncheon sponsor the Law Offices of Michael F. Hornung, P.A. 1.

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Robbie Roepstorff, Cole Peacock, Geoff Roepstorff Suzanne Boy, John Agnew Michael Hornung, Monica Henning Hon. Andrew Swett, Hon. Josephine Gagliardi, Hon. Jack Weiss Carmen Osuna, Jennifer Fisher Michael-Anthony Pica, Tiffany Pereira Matt Roepstorff, Mairin Roepstorff, Amy SarazenThibaut Matt Roepstorff, Chris Marrie, Holly Bell Hon. Carolyn Swift, Luis Rivera For more pics, check out the gallery at LeeBar.org

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Leebar.org

DONNA TISCH M E DI ATI ON S • ARBI TRATIONS

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Full-Time

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April 2020

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Leebar.org

by tom hayden

elons who have completed their prison sentences had hoped a 2018 law restoring their Florida voting rights would bring them some sense of normalcy. Several court battles and many interpretations of the law later have many of them feeling like they are still behind bars.

For attorneys in the Lee County Bar Association, understanding Amendment 4 and Senate Bill 7066, which changed the parameters of the amendment and restoration of voting rights for about 1.4 million Floridians, is difficult due to challenges and appeals at the state and federal levels. Discussion and decisions about the law, its obstacles and the impact on the 2020 election are ongoing and were to be the topic of a panel discussion during the April 17 luncheon of the Lee County Bar Association.

Because of the COVID-19 pandemic and limitations on gatherings of people, the luncheon at the Sidney & Berne Davis Art Center has been postponed. The issue, however, remains highly relevant.

The new law became problematic because of a specific series of words in Senate Bill 7066, which passed in 2019: “... requiring the supervisor of elections to make a final determination of whether a person who has been convicted of a felony offense has completed all the April 2020

terms of his or her sentence … “ “All the terms” is what is being interpreted in the courts and in many conversations across the state. Some believe, and the courts have gone back, that “all the terms” includes not only the prison time but also paying all fines, fees and restitution associated with the sentence. Others believe that it is unrealistic to ask many felons to complete financial terms when they do not have the means to do so.

Millions of dollars of fees are owed across the state, and for many felons paying those fees is an overwhelming hardship. This also is becoming a political battle in a key 2020 presidential year.

Reports indicate that in counties under Democratic control, felons are getting their voting rights restored, while those counties under Republican control are not restoring those rights as quickly.

These votes could be crucial for a state, which often decides the next president of the United States. In Lee County, Clerk of Court and Comptroller Linda Doggett says she is verifying that all fees and fines have been paid in Lee County before the restoration of rights can move forward.

“We are still waiting for the legislature to mandate our role,” Doggett said. “Our interpretation is they have to complete the pay off.”

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guidelines could be implemented as soon as the current legislative session ends if there is no further direction from the House or Senate. These guidelines into the requirements for completing a sentence, including fines and fees owed in Florida and in other states as well.

Access to those fines and fees for clerks of court across the state is an issue. Doggett can determine how much is owed in Lee County and take payment but cannot determine what may be owed in other Florida counties. There is a statewide system where the Clerk of Court and Lee County Supervisor of Elections have access where they can tell a person the total amount outstanding. But in order to settle up what is owed elsewhere, the person would need to contact each county and pay the final amounts.

Doggett said she would like more guidance from the state on the best ways to utilize the state system to better help those trying to have their voting rights restored. “This way we could give them the details of what was included in the judgment and what is owed,” said Doggett, who is finishing her second term as Clerk of Court and Comptroller and recently announced her candidacy for a third term.

She said the state clerks have prepared a list of guidelines for how eligible felons can have their rights restored. These

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In the meantime, the courts have gone back and forth on Senate Bill 7066, which was signed by Gov. Ron DeSantis in June 2019. In 2019, a federal district court ruled the law “partially violates” the federal constitution and Florida must restore voting rights if the felons cannot afford to pay fines or fees. On Jan. 16 of this year, the Florida Supreme Court ruled the law was constitutional.

Florida Gov. Ron DeSantis appealed to the 11th U.S. Circuit Court of Appeals, which in February agreed with the federal district court. The U.S. Supreme Court could now be on deck to settle the dispute after another federal trial in April.

“Right now, if you are an ex-felon, you have done your time and paid your money, we will start the process to restore your right to vote,” said Lee County Supervisor of Elections Tommy Doyle, who was elected in 2016 and plans to run for a second term this year. “We take their word for it that they have paid their fines. We let the state vet them. If there is a problem, they may get a letter from the state asking for documentation.”

But several counties are restoring rights for those who may be too poor to pay fines and fees. Miami-Dade, Broward, Palm Beach and Hillsborough counties – all leaning Democratic and making up almost a third of the state’s total population – are forgiving some of the fines and fees, getting court orders confirming sentences have been completed and restoring voting rights.

Before Amendment 4 was passed in 2018, Florida was just one of three states imposing a lifetime voting ban on former felons. This ban will continue for those Leebar.org

convicted of murder or for a felony sexual offense. As this legal and political game of rights restoration heats up, attorneys are encouraged to follow the progression of all the legal cases and become familiar with the history of the new law.

“The No. 1 issue is how it is going to affect the upcoming election cycle,” LCBA president Matt Roepstorff said. “Is there going to be some finality to this issue before mail ballots and early voting begins? What’s most confusing for people is both the state case and the challenge at the federal level to the 11th Circuit Court of Appeals. It keeps going back and forth and decisions get overturned.”

Roepstorff said he is in favor of a “uniform set of guidelines for accepting new voter registration for those affected by this issue.” He also says for his colleagues in the legal profession “it’s inevitable we are the ones tasked with sorting this out. We have to keep up with these procedures so we can have fair elections, properly-run elections.”

As future decisions hang on whether court-related fines and fees should be paid, Florida history indicates most of that money remains uncollected anyway.

Only about 20 percent of more than $250 million owed has been paid, news reports say.

The 11th circuit recognized that some felons simply don’t have the means to pay.

“The continued disenfranchisement of felons who are genuinely unable to pay and who have made a good-faith effort to do so, does not further any legitimate state interest that we can discern,” the court said.

The appeals court ruling was limited to the 17 plaintiffs who filed the lawsuit for restoration of rights because they could not afford the fines and fees. For the rest of Floridians seeking voting rights restoration, their fate could be in the hands of a federal trial court, which will hear arguments on the constitutionality of Senate Bill 7066 in April.

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special feature

Ethical standards paramount when representing paying or pro bono clients by shanthy balachanthiran, esq.

W

hether representing paying or pro bono clients, failing to know or apply ethical standards of practice in the legal profession can lead to malpractice claims and possible disbarment.

Most recently, the ABA Tax Section 2020 midyear meeting focused a number of panel presentations on ethical matters attorneys should consider when engaging in tax controversy matters. The need for tax attorneys to be cognizant of these concerns in their daily practice is paramount.

Fortunately, the Model Rules of Professional Conduct provide extensive guidance to tax practitioners to avoid some of the perils associated with representation of taxpayer clients.

Ethical dilemmas may arise when attorneys represent tax clients at settlement days, calendar calls and via direct representation outside of the courtroom. Particularly, when contemplating representation of a client, tax attorneys should be knowledgeable on when conflicts of interest may exist per Circular 230 §10.29 and ABA Model Rule 1.7.

Furthermore, when participating in calendar calls or settlement day engagements, tax attorneys should be able to distinguish between permissible and impressible practitioner conduct in conformity with United States Tax Court (“Court”) Rule 24(g). When faced with an ethical dilemma of taking on a new case adverse to that of a former client’s, tax attorneys should be able to identify whether it is “substantially related” enough

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to disqualify the attorney from the case in accordance with Model Rule 1.9.

Circular 230 contains the regulations governing practice before the IRS. Circular 230 §10.29 applies the same rules as ABA Model Rule 1.7 with regards to conflict of interest. The rule says: “a conflict of interest exists when the representation of one client will be adverse to another client or if there is a significant risk that representation of one client will be materially limited by the practitioner’s responsibilities to another client, former client, third person or his or her personal interest.” Attorneys must be cognizant of divergent interests of family members, spouses, business partners, etc., who may seek representation by the same firm or attorney.

The court also offers guidance on conflict of interest matters. In fact, Rule 24(g) lists three circumstances where an attorney cannot appear due to a conflict when an attorney is: •

Involved in planning a transaction or operating an entity connected with an issue in the case.

•

Represents multiple parties with divergent interests with respect to any issue in a case.

•

Is a potential witness in a case.

Although conflict surrounding the first two scenarios above is waivable with the client’s informed consent, conflict in the third scenario is not waivable.

What does this mean in terms of disqualification as far as representation?

When taking on a new case adverse Leebar.org

to a former client’s, you must identify whether it is “substantially related” enough to disqualify you from the case in accordance with Model Rule 1.9. A lawyer is disqualified from taking on a new case adverse to a former client’s in instances, like: 1. Same client and matters are relatively interconnected.

2. Attorney interviewed a witness key in both cases.

3. Attorney’s knowledge of a former client’s negotiation strategies is relevant to the new case.

4. Commonality of witnesses, legal theories and significance of business practices of client and location of client.

5. Common subject matter, issues and causes of action.

6. Information existed on former client’s ability to satisfy debts and possible defense and negotiation strategies.

Helping indigent citizens Isn’t one of the tenets of engaging in pro bono and legal aid work to help as many indigent citizens access legal services as possible? So how do you then factor in positional or personal conflicts? Model Rule 6.5 speaks to conflict matters in relation to nonprofit and court-annexed limited legal services programs. However, there’s really no clear answer here so we must weigh utilitarian concerns in light of the ethical rules.

In May of 2019, the court issued Administrative Order No. 2019-01 regarding Limited Entry of Appearance, in accordance with Rule 201(a), Tax Court Rules of Practice and Procedure and Model Rule 1.2(c). The court created a program that allows volunteer practitioners to appear on a limited basis on behalf of pro se litigants at calendar calls and settlement days. The mission of the court in issuing the order was “to provide a national forum to expeditiously resolve disputes between taxpayers and the IRS while carefully considering the merits of each case and ensuring the uniform interpretation of the Internal Revenue Code.”

appearance capacity have to keep in mind that the best interests of the client must be their paramount consideration.

•

Act as a communicator between the parties in an effort to assist in resolving the case.

In regulating limited appearance engagements of pro bono clients at calendar calls, the court imposes the following requirements of tax attorneys:

•

Enter an appearance with the court on the petitioner’s behalf.

It has been found that personal conflicts are likely to arise in this context since often petitioners, who may be family members, spouses and/or business partners, may consult together with the same attorney or firm at a calendar call prior to their scheduled hearing or trial. As a result, conflict of interest is the most common ethics concerns in tax court. Practitioners assisting taxpayers even in a limited

In regard to services that can be provided, the court advises attorneys may:

Must be a member of the bar of the court.

Arrive an hour early and inform the clerk of availability to assist self-represented petitioners.

Cannot solicit or receive any fee from a petitioner while volunteering for selfrepresented petitioners.

•

•

Provide procedural advice to petitioners who decide to proceed to trial.

Consult with petitioners regarding the merits of their cases and evaluate any settlement proposals from the IRS. April 2020

The IRS requires an attorney formally make an appearance or a petitioner will be deemed appearing on their own behalf. Formal appearance is completed when the practitioner files an executed Limited Entry of Appearance form with the court. However, the IRS makes a point of encouraging IRS counsel to work with representatives even if no formal entry of appearance has been made before the court. IRS counsel are encouraged to interact with Form 2848 Power of Attorney and Declaration of Representative (POA) representatives to resolve cases.

Shanthy Balachanthiran, Esq., is a tax clinic director and supervising associate at Florida Rural Legal Services, Inc., vicechair of the ABA Tax Section diversity committee and national liaison of the ABA YLF & Pro Bono and Tax committees.

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the dish

In Every Way, Azure Restaurant is Magnifique Editor’s note: Because of state and federal restrictions, the COVID-19 pandemic has temporarily closed all dining at restaurants in Florida. Azure is providing take-out orders by calling (239) 288-4296. We hope you will visit Azure and try its fabulous menu once this crisis is behind us.

by michael hornung, esq.

I

t is rare a restaurant will take on a French classic, such as Coq au Vin, and be able to ring the bell time after time.

Azure restaurant serves French-European cuisine with a southern flair. It is located at 15301 McGregor Blvd #1, south Ft. Myers, between Iona Road and Gladiolus Drive.

The Coq au Vin is truly a French comfort food, and it was prepared to perfection with red wine braised chicken thighs, mushrooms and roasted fingerling potatoes, with glazed baby vegetables.

We attended the quaint, intimate restaurant on a recent full moon night.

The sky could easily be described as azure, a clear sky highlighted with a purplish shade of blue. When you arrive at this gem, you will be immediately greeted by owners Eddie Garces and Lee Riley, who have over 60 years of combined restaurant experience. They will promptly show you to your perfectly set table. They are the host, your waiters and busboys. Azure has an open kitchen, which allows the opportunity to watch the chef and his staff meticulously prepare your meal.

The Small Plates are the perfect way to start your dining experience. We started with the French onion soup, beets, fried duck drumsticks and the Plateaux Duo. The soup was prepared to perfection and the Gruyere cheese was melted perfectly covering the lightly toasted crostini. The

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beets were roasted and served with goat cheese, frisee, cashews and a citrus vinaigrette. The fried duck drumsticks were served with sweet chili sauce and cilantro. The Plateaux Duo is an ample assortment of cured meats, cheese, house pickles, candied pecans and local honey. The starters paired wonderfully with our wine selection of Felino a Malbec from Argentina.

The Coq au Vin is the classic French entrée, and it was magnificent. The filet mignon and Moroccan lamb ragout were also outstanding choices. The filet mignon was prepared exactly to our medium rare request, perfectly seasoned and seared. It was 7-ounce, center cut, black angus beef served with a green peppercorn demi glace, roasted fingerling potatoes and glazed baby vegetables. The Moroccan lamb ragout was braised lamb leg served with ratatouille and house made pappardelle pasta.

You must complete your dining experience at Azure with a fabulous crème brûlée or my favorite, the beignets, with cinnamon sugar and vanilla ice cream, along with a glass of Cabral Reserva port.

The atmosphere is warm and friendly, the service is very accommodating and the food is outstanding.

Leebar.org

Owners Lee Riley and Eddy Garces

Azure Restaurant 15301 McGregor Blvd #1 Fort Myers, FL 33908 Monday - Thursday 5 - 9 p.m.

Friday - Saturday 5 - 10 p.m.

Sunday Closed

azurefortmyers.com (239) 288-4296

Photos this page top left clockwise: Plateaux Duo; French Onion Soup; Filet Mignon - center cut black Angus beef, green peppercorn demi, roasted fingerling potatoes, glazed baby vegetables; Coq au Vin - red wine braised chicken thighs, mushrooms, fingerling potatoes, glazed baby vegetables; Crème Brûlée - rich creamy custard, caramelized sugar; beignets with cinnamon sugar, vanilla ice cream.

April 2020

Michael Hornung opened his own law firm, Michael Hornung, P.A., in Fort Myers in April 1996. His practice areas include criminal defense, entertainment, arts and sports and personal injuryplaintiff. He received his law degree from St. Johns University.

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100 club Is your firm part of the 100 Club? Any firm with two or more attorneys and 100% membership in the LCBA qualifies.

Absolute Law Aloia, Roland, Lubell & Morgan, PLLC Arend & Sisk, P.A. Associates and Bruce L. Scheiner, P.A. Avery, Whigham & Winesett, P.A. Banker Lopez Gassler, P.A. Bergermann Law Firm Bonita Springs City Attorney’s Office Boy Agnew Potanovic, PLLC Boyle & Leonard, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC Buchanan Ingersoll & Rooney PC Calvo & Calvo Cody & Linde, PLLC Coleman & Coleman Cole Scott & Kissane, P.A., Bonita Springs Ofc. DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A. Elder Law Firm of Beth A. Prather, P.A. Florida Rural Legal Services Fort Myers City Attorney’s Office Garvin Law Firm

Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg | Noone | Abraham Personal Injury Attorneys Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Grant Fridkin Pearson GrayRobinson, P.A. Green, Schoenfeld & Kyle, LLP Grossman Law & Conflict Management Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A. John Webb Legal Group, P.L. Kelleher Firm Knott Ebelini Hart Kuhn Law Firm, PA Kushner & Kushner LaDonna J. Cody, P.A., Attorney at Law Law Firm of Scott T. Moorey The Law Office of Brantley Oakey The Law Office of Michael M. Raheb, P.A. Law Offices of Dennis L. Webb, P.A. Lee County Legal Aid Society, Inc. Levins & Associates, LLC Maughan Law Group

McQuagge Law Firm Men’s Rights Law Firm The North Law Firm, P.A. O’Halloran & O’Halloran, Attorneys at Law Osterhout & McKinney, P.A. Parvey & Frankel Attorneys, PA Patrone & Kemp, PA Pavese Law Firm Richard Johnston Law Robert Harris Law Firm Roetzel & Andress, L.P.A. Rubinstein & Holz Sheldon E. Finman, P.A. Sheppard,Brett,Stewart,Hersch,Kinsey&Hill,P.A. Simmons Law Firm, P.A. Spivey Law Firm, Personal Injury Attorneys P.A. Strayhorn and Persons, P.L. Toll Law Vernis & Bowling of Southwest Florida, P.A. Viacava & Cantor Attorneys at Law Viles & Beckman, LLC Yeslow & Koeppel, P.A.

If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.

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legal lens Seven award winners were named recently during the 2020 Lee County Bar Association Mock Trial Circuit Competition, which took place among area high schools in Lee County.

The winners were: Best attorney: Plaintiff – Justus Sisk (Charlotte County). Award sponsor was Aloia, Roland, Lubell & Morgan, PLLC. Defense – Sydney Marcy (Lee County). Award sponsor was Cole, Scott & Kissane, P.A. Best Witness: Plaintiff – Jacqueline Barraco (Collier County). Sponsor was Shaina Zuppke, Attorney at Law. Defense – Jason Puwalski (Lee County). Sponsor was Lee County Association of Woman Lawyers.

Best Opening Statement: Kenya Sitepu (Collier County). Sponsor was Charlotte County Public Schools.

Best Closing Argument: Athena Reyes (Charlotte County). Sponsor was Patrone, Kemp & Bentley, P.A. Total Professionalism: Collier County. Sponsor was Collier County Bar Association.

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Photos courtesy of Jim Jett Photography

Thank you to our sponsors and all the attorneys who took time out of their busy schedules to help with the competition.

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judge spotlight

Hon. Archie Hayward, Jr.

1. I am third generation Floridian and second generation born in Fort Myers. I graduated from North Fort Myers High School where I lettered in tennis and was junior class and student government president. I graduated from Edison Community College, returned as an adjunct professor and served on the Board of Trustees before it became FSW. 2. I have visited all seven continents. That includes Asia Minor where I went above the clouds over Cappadocia in a hot air balloon, hiked the Inca Trail and rode the waves of the Drake Passage on a trip returning from Antarctica.

3. I learned to snow ski in Austria and water ski on a lake at Cypress Garden in Winter Haven. I also was a member of a crew team in Fort Myers and have completed various runs, including Tough Mudder, Ragnor, half and full marathon.

4. While living in Munich, Germany, I worked on an American Military base. I also worked as an extra in a music video and studied the German language.

5. I have toured college campuses as an adult chaperone for the I Will Foundation of Fort Myers. I really enjoy mentoring young people and preparing them for the future.

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Leebar.org

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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.

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Vicki Sproat, Attorney

April 2020

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member spotlight

Scott Hertz, Esq.

1. Law is my third career. Previously, I was a computer consultant and provided project management to deploy computers and software on cruise ships. My second career was a developer, licensed general contractor and licensed real estate agent in Cape Coral.

2. I have served as a commissioner for the Cape Coral Redevelopment Agency.

Although it was an appointed position, it gave me a taste of what it was like to hold a public office.

3. I am an avid diver. I have done this all over the world, including trips to the Turks and Caicos, Papua New Guinea, Solomon Islands, Fiji and Bali.

4. I play competitive paintball on a five-person team with my son. I very proud to say he took first place in a three-man competition at the 2019 NXL World Cup. 5. I’ve recently gotten into cycling. I am currently training for my first century, 100-mile ride. My daughter has also started riding.

We enjoy our time together on our local bicycle trails.

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in the news Kathleen Berkey, Esq., a shareholder attorney with Becker & Poliakoff, has been selected 2020 Woman of the Year by the Zonta Club Bonita Springs-Estero. State attorney Amira Fox will present Berkey with a plaque and flowers at the Zonta Club Bonita Springs-Estero Woman of the Year Dinner Wednesday, April 22 at Pelican’s Nest Golf Club in Bonita Springs. Berkey was honored as one of five finalists for the Greater Fort Myers Chamber of Commerce’s 2019 Apex Award, recognizing outstanding women who excel in professionalism, philanthropy and leadership. She also was named a “Legal Up & Comer” by Florida Trend Magazine in 2017 and was a “Top 40 Under 40” choice by Gulfshore Business and the Naples Herald in 2014 and 2018, respectively.

She was one of 37 young professionals to join the Connect Florida Statewide Leadership Institute. She is board certified in city, county and local government law. She also is on the board of directors for Keep Lee County Beautiful.

Attorney Luis Insignares was recently named to The News-Press editorial board. Insignares, of Fort Myers, has been practicing law for more than 20 years and is certified as a matrimonial and family law specialist by The Florida Bar. Insignares holds an MBA from the University of Miami and is a certified family mediator. He is experienced in building legal strategies for his clients and tackling complex issues surrounding divorce and family law disputes. He’s been a resident of Fort Myers since 1989 and has served on the boards of Hope Hospice, the Harry Chapin Food Bank, Southwest Florida Wine & Food Fest and the Harlem Heights Foundation.

He is currently a member of the Gulfshore Business Advisory Board.

Laird A. Lile, a board-certified wills, trusts and estates attorney in Naples, has been appointed by the president of The American College of Trust and Estate Counsel to three committees that advise on policy initiatives for the legal profession. The committees include: The Artificial Intelligence Task Force, the Charitable Planning and Exempt Organizations Committee and the Practice Committee. Lile is a past state chair and a Fellow in The American College of Trust and Estate Counsel. He is one of two governors elected to the Board of Governors of The Florida Bar, representing the 20th Judicial Circuit.

Stephen Russell, the former state attorney for the 20th Judicial Circuit, has joined the law firm of Ringsmuth, Day & O’Halloran, PLLC, as a criminal defense attorney. Russell served four terms (from 2003 through 2018) as state attorney for the 20 th Judicial Circuit, which includes Lee, Charlotte, Collier, Hendry and Glades counties.

He brings 40 years of criminal justice trial experience to his new position. He has handled thousands of criminal cases at the trial court level, including over 100 felony sex offenses and numerous first-degree murders, often involving death penalty litigation. He has successfully argued cases before the Second District Court of Appeals and the Florida Supreme Court.

Send your news items to ResGestae@LeeBar.org

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3

Monitor Your Systems

Also known as host-intrusion protection (HIP), this type of monitoring software will detect and report specially-developed malware that would otherwise make it past conventional antivirus and antimalware software.

Your IT company should be able to deploy a monitoring solution to keep an eye on your systems.

4

Verify And Test Your Backups

What Should Your Law Firm’s Cybersecurity Look Like?

You need to recognize the reality of the threats facing your law office and take action to protect against them. Do you know what having modern cybersecurity in the legal field requires?

BY JAMES RITTER, MCSE, PMP, CHSP

Modern Law Firm Cybersecurity Cybersecurity needs to be a top priority for legal firms today. You aren’t just a target – you’re a primary target. The fact is that legal firms were cybercriminals’ top choice for ransomware targets in the first quarter of 2019.

Are you prepared to defend your law firm from cybercriminal attacks?

The State Of Law Firm Cybersecurity In 2020 According to the ABA Legal Technology Report, legal firms use a range of cybersecurity measures at varying rates: n Desktop and laptop

virus scanning – 73%

n Email virus scanning – 69% n Network virus scanning – 66% n Hardware firewalls – 57%

Less than half of surveyed firms use security measures such as file encryption, file access restriction, email encryption, intrusion detection and intrusion prevention.

What Should Your Cybersecurity Include?

1

Equip Your Firm With Next-Generation Cybersecurity Solutions

These advanced types of cybersecurity software (firewalls, antivirus, antimalware) use artificial intelligence to better predict, identify and eliminate harmful malware.

For example, by incorporating these technology solutions into an email client’s spam filter, the filter will be able to spot fraudulent incoming emails and eliminate them before they reach the recipient.

2

Update Software Continuously

You can’t afford to ignore software update notifications – but depending on your workload, you may have to.

That’s where an IT company can help.

Software updates not only improve the functionality of the software; they also serve as a patch for recently identified vulnerabilities that can be exploited by hackers. Your IT company can handle the management of these updates to make sure that not a single one is ever skipped or delayed.

If you want your desktop files backed up, it’s your responsibility to make sure your cloud is doing so automatically. You must have a backup copy of your data in case it’s stolen or accidentally deleted.

Develop a Business Continuity & Disaster Recovery policy that specifies: n What data is backed up n How often it’s backed up n Where it’s stored n Who has access to the backups

You should have backup to both an external drive in your office and a remote, secure, online data center. Set backups to occur automatically. And make sure your backup systems are encrypted.

What’s The Best Way To Protect Your Law Firm?

The fact is that you probably can’t handle all of this on your own; at least, not effectively. As you grow your firm, you need to be able to focus on it, and not worry about your cybersecurity.

That’s why assistance from an expert IT company is so valuable – Pulse Technology Solutions will help. Our team will help implement a range of robust security measures, deploying devices like firewalls, intrusion and gateway protection, and implementing best practices for patching and updates, and more. With our help, you don’t have to be worried about cybercrime in the legal industry.

Article submitted by James Ritter, Founder and CEO of Pulse Technology Solutions, LLC. For more information, call (239) 572-9462 or visit Pulse.Tech.

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