TREATMENT COURT
"Not like any other court"
Law Week
April 30 - May 6
THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • APRIL 2022
SPACE AVAILABLE
United We Stand...
For the Accused
All Criminal Charges, Felonies and Misdemeanors, State & Federal
Aggressive Criminal Defense
Over 150 Years of Combined Experience
239.277.5297 MuscaLaw.com Attorney John Musca 21 Year Veteran Defense Attorney
2200 Martin Luther King Blvd. Fort Myers, FL 33901
on the cover
20
ad directory
Lee County Treatment Courts provide participants an opportunity to change their lives Keith Grossman, Esq.
special features
24
Attorneys provide free legal advice during Law Week Keith Grossman, Esq.
ON PAGE 20 On the cover: Hon. Josephine Gagliardi and Hon. Leigh Frizzell Hayes
departments 6 8
Letter from the President
Tiffany Pereira, Esq.
Letter from the Executive Director Lauren Baugh
Watercolor drawing composition by April Bordeaux
26 Community Connection Featuring Harry Chapin and Kayla Richmond, Esq.
Iman Zekri, Esq.
28 Legal Lens
Luncheon & CLE
10 Calendar of Events
30 The Dish
12 Ethically Speaking
Lauren Baugh
Henry Lee Paul, Esq.
14 Practice Section
Alternative Dispute Resolution Anne Dalton, Esq.
16 YLD Spotlight
Katherine E. Camadeco, Esq.
18 Guest Attorney
The Clerk's Office is a Resource for Young Lawyers
Michael Healy, Esq.
The Go Go Diner
32 New Members 33 100 Club 34 5 Things You Don't Know About Me
Hon. Erik Leontiev
36 5 Things You Don't Know About Me
Matthew Roepstorff, Esq.
Agoston Law Group Aloia, Roland, Lubell & Morgan, PLLC Bounds Law Group Boy Agnew Potanovic Miller Brazzeal Mediation Business Observer Calvo & Calvo Attorneys at Law Campaign for Liza King CONRIC pr + marketing Dal Lago Law DeMine Immigration Law Firm Donna Tisch Edison National Bank Frank Piazza, P.A. Jeff Kottkamp Jones & Co. Realty Law Firm of Scott T. Moorey Law Office of John D. Mills, P.A. Law Offices of Dennis L. Webb Lee County Bar Association Lee County Bar Association Lee County Bar Association Legal Aid Society Leonard P. Reina Mark B. Yeslow McHale, P.A. Men's Rights Law Firm Musca Law Office, Inc. Premier Investigations & Process Services Ringsmuth, Day & O'Halloran, PLLC Roetzel & Andress Roetzel & Andress Senior Advocacy Group Sheldon E. Finman, P.A. Spivey Law Firm Personal Injury Attorneys, P.A. Stockman Mediation The North Law Firm, P.A.
38 In The News Our advertisers support the Lee County Bar Association. Please do your best to support them. ON PAGE 30
4
RES GESTAE
LeeBar.org
19 IBC 35 15 13 27 23 33 34 13 11 17 BC 9 37 35 27 IFC 32 11 11 29 31 35 19 15 19 3 9 7 37 29 36 27 5 29 17
Spivey revised ad
Maximum Referral Fees Paid
Automobile Accidents Motorcycle Accidents Truck Accidents Victims of Drunk Drivers Slip & Fall Accidents Wrongful Death
239-337-7483 www.SpiveyLaw.com Main Office
13400 Parker Commons Blvd Fort Myers, FL 33912
Serving ALL of Florida
Randall L. Spivey
Attorney Randall L. Spivey Board Certified Civil Trial Attorney
president's letter ‘Tis the (second) most wonderful time of the year! LAW WEEK starts this month. I am looking forward to resuming our normal Law Week schedule, starting with Law in the Mall on Saturday, April 30th. This is a great opportunity to give back to our community and make meaningful connections. In addition to our annual Blood Drive, Law Week Awards Lunch, and visit from the Second District Court of Appeals, I am excited that the Lee County Association for Women Lawyers is resuming the Annual Judicial Reception on May 5th at 5:00 p.m. at The Edison. LCAWL is seeking sponsors!
LEE COUNTY BAR ASSOCIATION administration
Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo
executive council
This month I am featuring our YLD president, Katherine Camadeco. In addition to being a powerhouse family law attorney (who has her MBA), Katherine is both the YLD President and the Treasurer of LCAWL. When she isn’t working overtime to take care of clients, Katherine is busy being a mom to her son, EJ, and two dogs. I am honored to call her a friend. She is committed to going above and beyond in every role she undertakes. Since joining the LCBA Executive Council, she stepped up to chair Law in the Mall and rolled out several inspiring YLD CLEs. She also represented Lee County at the Florida Bar YLD Affiliate Outreach conference, where she proposed a community-wide, year-long community service initiative that gives attorneys more opportunities to perform pro bono and earn CLEs while doing so. Thank you, Katherine, for all your hard work!
RES GESTAE
VICE PRESIDENT
TREASURER
Spencer Cordell, Esq.
Hon. Kathleen Smith
BOARD MEMBERS
Travis Russell, Esq. John Miller, III, Esq.
Andrea Pleimling Smith, Esq. Diana "Dawn" Maselli. Esq.
committee chairs BENCH-BAR GALA
LAW WEEK
Diana "Dawn" Maselli, Esq.
Hon. John S. Carlin
DIVERSITY AND INCLUSION
LCBA FOUNDATION CHARITY GOLF TOURNAMENT
Kelly L. Fayer, Esq. and Ita Neymotin, Esq. HEALTH AND WELLNESS
John Miller, Esq. and Hon. Kimberly Davis Bocelli HISTORY
Jenna Persons, Esq. and E. Bruce Strayhorn, Esq.
Shannon Puopolo, Esq. and Kenneth A. Jones, Esq. MOCK TRIAL
Shaina Zuppke, Esq. and Eunice Gedeon, Esq. PARALEGAL
Rich Haberle
LAW RELATED EDUCATION
PRO BONO
T. Rankin Terry, Esq.
Andrew Banyai, Esq. and Michelle Trunkett, Esq.
practice section chairs ALTERNATIVE DISPUTE RESOLUTION
IMMIGRATION LAW
Anne Dalton, Esq.
Indera DeMine, Esq. and Nirupa Netram, Esq.
APPELLATE LAW
Alex Brockmeyer, Esq.
INTELLECTUAL PROPERTY
CORPORATE LAW
Luca Hickman, Esq., Mark Nieds, Esq. and Holly McFall, Esq.
Alicia Olivo, Esq. CRIMINAL LAW
Kathleen Fitzgeorge, Esq. and Agnieszka Osowicka, Esq. ELDER LAW
Blake Hampton, Esq. and Amy McGarry, Esq. FAMILY LAW
Kayla Richmond Miller, Esq. and Danielle Seitz, Esq. GENERAL CIVIL AND BUSINESS LITIGATION
Carlos Kelly, Esq. and George Knott, Esq.
LAND USE AND GOVERNMENTAL LAW
Sarah Spector, Esq. and Erica Woods, Esq. REAL PROPERTY, PROBATE AND TRUST LAW
Kenneth Kemp, Esq., Peter Knize, J.D., L.L.M., and Robin D. Merriman II, Esq. SOLO & SMALL FIRM
Jarred Duke, Esq., John Webb, Esq. and Robin Merriman, Esq. TORT LITIGATION
Dawn Maselli, Esq. and Diana Castrillon, Esq.
Tiffany Pereira, Esq. 239.332.1181 | thepereiralawfirm.com
6
SECRETARY
Peter Knize, Esq.
YLD President - Katherine Camadeco, Esq. President Emeritus - Blake Hampton, Esq.
This year we are honoring Judge Gagliardi! Judge Gagliardi was supposed to be honored in 2020 before the reception was cancelled. While the pandemic may have slowed things down for many, it didn’t stop Judge Gagliardi from supporting LCAWL. I am also personally excited and grateful we are honoring Judge Gagliardi, because she has gone above and beyond to support me and so many other young, female attorneys. Thank you and congratulations to you, Judge Gagliardi! I hope you all came out and enjoyed the Shrimp Boil. What a great crowd! This was an especially fun boil for me because we were also having a Florida Bar Young Lawyers Division Board of Governors meeting in town. Members of the BOG and their guests were invited to join us for the Shrimp Boil, thanks to a partnership by our YLD. This was a great opportunity for LCBA members to meet representatives from outside our community. I thank you for welcoming them!
PRESIDENT
Tiffany Pereira, Esq.
LeeBar.org
Criminal Defense Lawyers upholding our reputation for success and defending the Constitution for a combined 100 years. ROH ad
Admitted to practice in Southern District, Middle District and United States Supreme Court Litigated cases throughout the United States
Some of our achievements: Former 20th Judicial Circuit
Elected State Attorney Former President of the Lee County Bar Association Former Chair of the Florida Bar Grievance Committee 20th Judicial Circuit Former City Attorney of Fort Myers Original Master and Founding Member of the Calusa Inn of Court Voted 2017 Lawyer of Distinction-Top 10% in the United States Former Lee County Court Division Chief of the State Attorney’s Office Founding Member of National DUI College Thompson Reuters Super Lawyer AVVO “10” Rating by Reviews Death Qualified for Death Penalty Cases “AV” Preeminent Rated by Peers in Legal Ability and Ethical Standards Former Head of the Hendry/Glades County State Attorney’s Office All 3 Partners Voted by peers as SW Florida’s Top Lawyers in Naples Illustrated Collier County Lion of the Law Judicial Award for Professionalism Former Lee County Circuit Court Division Chief of the State Attorney’s Office 2020 Top 40 Under 40 National Trial Lawyers Current Member of the Florida Bar Unlicensed Practice of Law Committee 20th Judicial Circuit Current Board Member of the City of Fort Myers Police Citizen Review Board All Partners were Former SWFL Prosecutors Former Deputy Public Defender, Head of the Homicide Unit and Child Victim Crimes Unit Voted one of Gulfshore Life’s Top Lawyers in SWFL Media appearances on Dateline, NBC, Fox, CNN, Dr. Drew, News-Press, Naples Daily News and USA Today. ◆
◆
◆
◆
◆
◆
◆
◆
◆
◆
◆
◆
◆
◆
◆
◆
◆
◆
◆
◆
◆
◆
Ringsmuth, Day & O’Halloran, pllc ◆
◆
◆
c r i m i n a l
d e f e n s e
◆
◆
◆
Free Consultation ◆ Call Anytime 239-332-2500 ◆ 239-245-8646 ◆ SWFLjustice.com 2215 First Street, Fort Myers, FL 33901
executive director's letter Phew…April is here! March was a VERY busy month.
The official award-winning publication of the Lee County Bar Association, which serves citizens and the legal community since 1949.
We had a blast at our Annual Bench Bar-B-Q and Shrimp Boil. Thank you to our amazing group of sponsors that helped put on, what I think was our best one yet! If you missed it, don’t worry; we will have another one next year.
239.334.0047 ResGestae@LeeBar.org
staff PUBLISHER
Connie Ramos-Williams | 239.690.9840 Ext. 1001
April is one of the crazier months, with tax season and various holidays, so we are giving you a light-ish month - until we jump into Law Week at the end of the month! If you have not already, please sign up to volunteer (see website) for our annual “Law In The Mall” event at the Edison Mall. We will be at the interior entrance of Dillard’s on Saturday, April 30th from 10 a.m. to noon offering free legal advice to those who need it most.
EDITORS-IN-LAW
Tiffany Pereira, Esq. and Hon. Kathleen A. Smith
MANAGING EDITOR Keith Grossman, Esq.
CREATIVE DIRECTOR April Bordeaux
ADVERTISING ACCOUNT EXECUTIVE Lisa Doyle-Mitchell | 239.851.4729
FEATURE WRITER
Allow me also to draw your attention to our April membership meeting and luncheon. We will be at The Edison from noon to 1 p.m. hosting a panel made up of Senator Ray Rodrigues, Committee on Reapportionment, Chair Florida Senate; Rep. Jenna Persons-Mulicka, State Legislative Redistricting Subcommittee, Florida House of Representatives; Commissioner Cecil Pendergrass, Lee County BOCC, Chairman. They will be discussing “Redistricting”. Don’t miss this opportunity to understand how redistricting can affect you and your business.
Keith Grossman, Esq.
CONTRIBUTING WRITERS Tiffany Pereira, Esq. Lauren Baugh Henry Lee Paul, Esq. Katherine E. Camadeco, Esq. Anne Dalton, Esq. Michael Healy, Esq. Iman Zekri, Esq. Hon. Erik Leontiev Matthew Roepstorff, Esq.
Hopefully, by now, you have renewed your LCBA membership and are enjoying the many benefits we offer. If you have not, please do so; we would hate for you to miss out. Speaking of offering…have you heard? Our Annual LCBAF Charity Golf Tournament will be May 14th at The Forest. Register quickly to golf or sponsor; we have LIMITED options for tickets and sponsorships. Help us raise funds for the Foundation, so they can allocate grants to local nonprofits in Lee County. Some more things you do not want to miss: •
Law Week Blood Drive taking place on May 5th from 8 a.m. to noon on the corner of MLK and Monroe Street
•
LCAWL’s Annual Law Week Judicial Appreciation Reception on May 5th at The Edison Restaurant from 5 to 7 p.m.
•
Second DCA Oral Arguments on May 6th at 8:30 to 11:30 a.m. at the Lee County Justice Center in Room 1-A
•
Law Week Awards Program and Luncheon taking place at The Edison Restaurant on May 6th from 11:30 a.m. to 1 p.m. We will honor several Lee County law enforcement officers, as well as a few other special individuals. Sponsored by Kelly L. Fayer, P.A.
CONTRIBUTING PHOTOGRAPHER Jim Jett Photography
BILLING INQUIRIES 239.334.0047
Res Gestae is an award-winning magazine published monthly by CONRIC pr + marketing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to resgestae@leebar.org. We make every effort to ensure the accuracy of the information published, but we cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae or CONRIC pr + marketing. Copyright©2022 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.
You can register for each of the above events on our website. Lauren Baugh, Executive Director LBaugh@LeeBar.org | 239.334.0047 Ext. 102
8
RES GESTAE
5237 Summerlin Commons Blvd., Suite 307, Fort Myers, FL 33907 239.690.9840 | ConricPR.com | Info@ConricPR.com LeeBar.org
April 2022
RES GESTAE
9
calendar of events Dates of some practice section meetings have not been confirmed. Check LeeBar.org for details!
8
RPPTL Virtual Brown Bag Lunch
Noon – 1 p.m. Topic: Real Estate Speakers: Adam Bleggi, Esq. Location: Microsoft Teams Register: LeeBar.org
14
ADR VIRTUAL CLE
15
Good Friday
LCBA office and courts closed
21
Family Law Section Lunch and Learn CLE
Noon – 1 p.m. Topic: One Family, One Judge – Who, What, Why and How of Unified Family Court Speakers: The Honorable Gilberto Perez Location: Zoom Register: LeeBar.org
Noon – 1 p.m. Topic: Avoiding Malpractice issues and other Headaches in Dividing Retirement Accounts Speaker: Matt Lundy, Esq. Location: Location has been changed to Lee County Justice Center, Courtroom 5B Sponsored by: Aloia, Roland, Lubell & Morgan, PLLC. Register: LeeBar.org
22 Forum
Lee County Clerk of Courts Candidate
11:45 a.m. – 1 p.m. Speakers: Kevin Karnes, Lee County Clerk of Courts and Comptroller Liza King, Chief Deputy Court Administrator, Administrative Office of the Courts, 20th Judicial Circuit Location: The Edison Restaurant Register: LeeBar.org Free for LCBA members, non-members $25
30
Law In The MallSction
10 a.m. – noon Location: The Edison Mall (inside near the Dillard’s entrance) Volunteers Needed!
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 2022 Annual Sponsors
10
RES GESTAE
LeeBar.org
April 2022
RES GESTAE
11
ethically speaking
by henry lee paul, esq.
T
he Supreme Court recently adopted a series of rule amendments In re: Amendments to The Rules Regulating The Florida Bar – Biennial Petition, SC20-1467. It is a reminder for Florida Bar members to discover the new amendments and refresh their knowledge with a comprehensive review of the rules. It is advisable lawyers conduct a periodic review of the rules as a risk management safeguard. It may surprise many to know it is common in my practice to hear a problem could have been avoided if only the rules had been reviewed. I will address a few of the most significant amendments. Perhaps the most impactful amendment is the addition to Rule 4-7.13(b)(12), which prohibits advertising that implicates association with another lawyer or law firm. Such conduct is now considered inherently misleading and could potentially result in the forfeiture of all fees obtained through such prohibited advertising. This type of prohibited advertising is most common with internet advertising employing search terms through such methods as Google AdWords. The rule now prohibits using search criteria that will cause a search for a particular lawyer
12
RES GESTAE
to result in production of links to another lawyer that causes the internet user to believe they have linked to the searchedfor lawyer when they have actually been deceptively redirected to another lawyer’s site. The Florida Bar has been struggling for years to try to regulate internet advertising, including what is commonly known as pay-per-click advertising. This amendment is an attempt to catch up with regulation of the ever-evolving internet advertising universe. A word of caution to those who advertise through pay-per-click. The identity of the advertising lawyer and the geographic location of the practice must be stated, even in an advertised link. Failure to provide such basic information will likely be considered inherently deceptive and could subject an advertising lawyer to discipline. This requirement has not been effectively communicated to Florida lawyers. Non-compliance with the name and location requirement is widespread, due in part to the fact that internet advertising services often do not advise lawyers of the need to provide such basic information in pay-per-click advertisements. Another major revision involves Rule 4-1.14 (Client with Diminished Capacity). LeeBar.org
There has been extensive review and revision of this rule which addresses what protective action may be appropriate when a lawyer represents a client who is at risk of inflicting substantial harm to themself. This rule should be consulted in the event any lawyer is confronted with such an unfortunate circumstance. Another significant amendment is the unequivocal requirement added to Rule 4-1.5(f ) which requires that disbursements to all participating lawyers be identified in a personal injury contingent fee case closing statement. Amendments to Rule 1-3.8(e) and Rule 5-1.2(d)(5) now clearly provide that a lawyer must complete the trust accounting compliance certificate on the annual dues statement or become a delinquent member. Notices of noncompliance will now be sent out to lawyers who do not provide a completed certificate by August 15 of each year.
Henry Lee Paul, Esq. 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.
ructuring / Bankruptcy | Business Law | Commercial Litigation
KNOWLEDGE. INTEGRITY. RESULTS. Mike Dal Lago, Esq.
www.dallagolaw.com
999 Vanderbilt Beach Rd. Suite 200 Naples, FL 34108
Mike Dal Lago, Esq. Christian Haman, Esq. Jennifer Duffy, Esq.
239-571-6877
BUSINESS g: Naples, Ft. Myers, Sarasota, Tampa & Orlando LAW Accolades include:
BUSINESS RESTRUCTURING BUSINESS BANKRUPTCY • Business Formation • Corporate Governance
• Bankruptcy Reorganization
Serving Naples, Ft. Myers, Sarasota & Tampa 999 Vanderbilt Beach Rd. Suite 200 Naples, FL 34108 4972 Royal Gulf Circle Fort Myers, FL 33966
• Insolvency Matters
• Chapter 7, Chapter 11 And Subchapter V Bankruptcy Cases
• Out-Of-Court Restructuring
• General Corporate Counseling
(239) 571-6877
• Fiduciary Duties
www.dallagolaw.com
Naples Illustrated
Mediation. Arbitration. Virtual or In-Person. Board Certified in Civil Trial Law by The Florida Bar Represented Plaintiffs and Defendants Former Plaintiff-side Personal Injury Attorney Former Medical Malpractice Defense Attorney Southwest Florida Resident Since 2005
Chad T. Brazzeal, Esquire
Chad@BrazzealMediation.com
Office in Collier County, Florida
(239) 821-0069
BrazzealMediation.com April 2022
Schedule Online RES GESTAE
13
practice section - alternative dispute resolution
Another Sparkling Year Full of Great CLEs with the ADR Practice Section!
by anne dalton, esq.
T
he ADR Practice Section plans to offer at least nine Continuing Legal Education (CLE) workshops in 2022. Known as “Zoom at Noon”, we offer these CLEs primarily through the videoconferencing platform. ADR Practice Section members and others, both local and out-of-town/out of county, may attend from the comfort of their own locations without fighting the ever-burgeoning traffic jams leading to downtown Fort Myers. Earlier this year, we were fortunate to have Susan O. Cassidy, M.D. and J.D., provide an ADR workshop, “Dealing with Impairment Issues in Mediation: Cognitive, Psychiatric, and Substance Abuse”. Cassidy had a key role in designing and executing the NFL Player Neurocognitive Benefit Plan, as well as with the Ford Motor Company’s health care bargaining with the United Auto Workers. She is an Adjunct Professor at the George Washington University School of Law. Her insights into the neurological dysfunctions often displayed in a mediation context, will be helpful for ADR professionals and litigators in identifying and accommodating those dysfunctions in mediation and arbitrations. If you missed her CLE, we may be fortunate to have her come back in 2023. Also, a shout-out to
14
RES GESTAE
Attorney Peter Knize, co-chair of the RPPTL Section, for coordinating her appearance with us.
me for an in-person CLE on the subject of “Unmasking Mediation”. Presented in a Q&A format, it is sure to be lively!
In 2022 we also saw Herb Fried present a CLE workshop on the subject of “Evaluative Mediation.” This CLE focused on Florida MEAC (Mediator Ethical Advisory Committee) opinions regarding this mediation technique, as well as an interactive discussion of how evaluative mediation differs from other forms of mediation. It also included a rousing discussion on the ethical traps for the unwary in evaluative mediation.
Henry Lee Paul, monthly columnist for the Res Gestae on ethical subjects, returns on September 22nd to present his everpopular annual CLE on current ethical issues. He is always topical, and we receive a bonus of Henry’s keen insights as former Florida Bar Ethics Counsel.
On April 14th, we are fortunate to have the Honorable Gilberto Perez, Circuit Court Judge, present a CLE on “One Family, One Judge: The Who, What, Why and How of Unified Family Court.” Many practitioners have jurisdictional questions about the Unified Court, as well as questions about the parties for this system. Judge Perez will present a comparison of Unified Family Court Matters with other courts and discuss mediation in this context. Peter Knize will lead the ADR Practice Section on May 8th in a CLE on tax issues in a mediation context. On August 11th, Young Lawyers Division President Katherine Camadeco joins with LeeBar.org
As a service to LCBA members, the ADR Practice Section always attempts to provide those hard-to-get Continuing Education and Continuing Mediator Credits in a free, easily accessible form. We are looking for volunteer attorneys, qualified arbitrators, and certified mediators to offer interesting and engaging one-hour ADR ZOOM presentations for later in 2022. If you are interested, or know of someone who is, please email me at adalton@daltonlegal.com. Anne Dalton, Esquire, has been a Florida mediator since 1994 and an Arbitrator since 2000. She has conducted over 8,000 circuit civil, county, family, federal or appellate mediations since that time and over 100 nonbinding arbitrations in Florida and/or Pennsylvania. She is the founding and current Chair of the ADR Practice Section.
April 2022
RES GESTAE
15
YLD spotlight
YLD offers numerous opportunities and resources
by katherine e. camadeco, esq.
H
I thought this would be a great time to reintroduce The Young Lawyers Division – both The Florida Bar and The Lee County Bar.
standing are automatically members of The Florida Bar Young Lawyers Division. The purpose is to assist The Florida Bar in its purpose and mission to engage in activities that tend to further the best interests of the legal profession. As an organization, The Florida Bar Young Lawyers Division offers continuing legal education opportunities, initiatives for pro bono and community service, initiatives for health and wellness, initiatives for inclusiveness and equality and they offer guides to issues that are important to young lawyers, including parental leave and social media usage. If you have not already, I would encourage you to visit The Florida Bar Young Lawyers Division website at https://flayld.org/. There you will find a wide selection of resources.
All lawyers under 36 and new Florida Bar members for the first five years in good
For the LCBA YLD, our members are all Lee County Bar Members under 36 and
APPY APRIL! I can’t believe we are already one quarter through 2022. This year sure is flying by.
In March, The Florida Bar Young Lawyers Division Board of Governors was in Cape Coral for their monthly meeting. We are fortunate to have two local attorneys serving on the Board of Governors – Kayla Richmond of Henderson Franklin Starnes & Holt and Tiffany Pereira of The Pereira Law Firm. Both Kayla and Tiffany served as Past Presidents of the Lee County Bar Association Divisions Young Lawyers and are active members of the Lee County Bar Association.
16
RES GESTAE
LeeBar.org
new members for the first five years of practice in good standing. However, we always love to welcome vintage attorneys to our events. Our purpose, much like The Florida Bar Young Lawyers Division, is to assist the Lee County Bar Association in its purpose and mission and engage in activities to further the best interests of the legal profession with a focus on young lawyers and their unique needs. Please be on the lookout for our upcoming lunch and learns. And come join us, as we partner with the Lee County Bar Association to kick-off Law Week at Law In The Mall, a great opportunity to serve our local community by providing pro bono services on Saturday, April 30th from 10:00 a.m. – noon. Email me at Katherine@OSLegalGroup.com to signup.
Call Joe to Refer a Client: (239)337-1191 Car & Truck Accidents Motorcycle Accidents Drunk Driving Accidents Serious Injury Cases Paralysis Cases Apartment Shootings Gun Violence Cases Courtroom Trials
Maximum Referral Fees
Workers’ Compensation Wrongful Death Cases Pedestrian Accidents Bicycle Accidents Dog Bite Cases Slip and Fall Accidents Negligent Security Cases Settlements
Joe North has been helping clients with injury cases and death cases for 30 years. Attorney Joe North
TheNorthLawFirm.com
April 2022
14241 Metro Parkway, Suite 200 Fort Myers
RES GESTAE
17
guest attorney
The Clerk’s office is a Resource for Young Lawyers
by michael healy, esq. general counsel, lee clerk of court
T
hree hundred employees. Centuries of court experience. Knowledge of every case type, legal proceeding, petition, motion, writ, and post-judgment collection process. It’s not a white-shoe law firm; it’s the Lee County Clerk of Court. For our very reasonable hourly rate of $0, we’re happy to answer your procedural questions – whether you are new to the practice of law or have decades of experience. Legal research tools, and even the almighty Google, often struggle to provide specific procedural guidance to practitioners. Most law school courses, and the Bar Exam focus on substantive knowledge. Even the law school courses that focus on procedure seem to spend an inordinate amount of time on “minimum contacts” and “stream of commerce”. Most practical procedural knowledge, how to file a case and progress that case through litigation, comes from years of practice. There are procedural differences contained in almost every different case type, and those differences can be daunting when you practice in a new and unfamiliar area of law. For almost every case type, the Clerk’s office has employees, managers, and supervisors who possess the knowledge, training, and skills to provide guidance on almost any of your procedural questions. The Clerk’s Courts Department is divided into several divisions, including Court Intake (processing filings), Court Records,
18
RES GESTAE
Court Services, Unified Family, and Customer Service. Each year, our entire Courts Department opens approximately 111,000 new cases, processes 840,000 e-filed documents, answers 160,000 customer calls and assists 60,000 walk-in customers. This highly skilled department is focused on every area of law, including foreclosure, eviction, family, probate, and guardianship. Those teams continuously monitor, and adapt to, the myriad legislative and court rule changes enacted every year by the legislature and judiciary. Those rule changes can alter what is required in a court filing or can create an entirely new cause of action. By the first day those changes go into effect, the Clerk’s office has already prepared and implemented processes and procedures designed to comply with the new rules. One of the main benefits of contacting the Clerk’s office with questions is the person you speak to will often be the same clerk who reviews your filing to ensure it is legally sufficient. The Clerk’s office doesn’t do an in-depth review of any pleadings, but we do make sure you’re filing the correct case type in the correct court. A conversation with a clerk to resolve any questions you have could help you avoid the dreaded e-filing portal “corrections queue”. The Clerk’s Court Services team of approximately 50 clerks supports 26 judicial officers, and it is their job to document the court results, accept LeeBar.org
evidence on behalf of all parties, swear in witnesses and read the verdict of jury trials. If you work in the courtroom, we encourage you to connect with your court clerks as they are familiar with the judicial preference of the presiding judge. Reaching out to the Lee County Clerk of Court can save you time, save your client money, avoid the correction queue, fix errors and provide invaluable procedural knowledge for use in future cases. It’s also a great opportunity to build positive relationships with people who will be a largely unseen part of your legal practice for years to come. Depending on your area of law, you may also interact with other departments in our highly complex office. Aside from being the Clerk of the Circuit Court, the Clerk also has the constitutional duties of protecting all county Official Records and serving as the county’s Chief Financial Officer, auditor, and treasurer. You can learn more about the Clerk’s office and our services at www.leeclerk.org. If you need assistance, you can also email the Lee County Clerk of Courts and Comptroller Kevin Karnes at kkarnes@leeclerk.org or me at mhealy@leeclerk.org. We look forward to working with you.
Michael Healy, Esq., has served as General Counsel for the Lee County Clerk of the Court & Comptroller since 2017. Prior to joining the Clerk’s office, Michael was a civil litigation attorney practicing in Monroe County.
MEN’S RIGHTS LAW FIRM Men’s Rights Aggressively Defended
Divorce • Custody • Child Support • Appeals An experienced team led by Board Certified Attorney Matthew P. Irwin, Esq. Advocating for men’s rights since 2003
We work to ensure that your legal interests are competently presented throughout your family law matter. Free Telephone Consultation. Practicing in Lee, Collier, and Charlotte Counties.
239.829.0166 • 4TheMen.com 2799 Del Prado Blvd., S. • Cape Coral, FL 33904
Don’t Like Dependency? I Do.
MARK B. YESLOW Mediations/Arbitrations 30 Years of Experience All Personal Injury Claims
David T. Agoston, Esq.
Property Claims
Practice limited to DCF and TPR Defense
Insurance Coverage Issues
27 years of experience
yklegal.com
(239) 313-7581 dtalawfirm@aol.com
239-337-4343 April 2022
RES GESTAE
19
Lee County Treatment Courts provide participants an opportunity to change their lives
20 RES GESTAE
LeeBar.org
by keith grossman, esq.
“I ALWAYS THOUGHT I COULD DO IT ON MY OWN,” the gentleman, who I will call Brad, says in a courtroom in front of approximately 25 people. This is Lee County Drug Court, and everyone in attendance has voluntarily agreed to participate for two reasons: •
They are interested in having their criminal charges dropped, and
•
they are looking for help to beat their addiction.
Brad is now graduating from Drug Court. He has been in the program for 27 months. He says he was trying to get clean on his own for five years without success. He points out that the structure of Drug Court helped him succeed, especially the ability to connect with a sponsor. Besides applause, Brad receives a certificate for completing the program. Brad‘s sponsor speaks, and congratulates him on his personal growth. The sponsor says Brad has found a new way for living. “We all have problems; we just solve them differently.” Another person, who I will call Sue, also speaks. She already went through the program, and she is here today to give support and motivation to others who are still in the program. Sue spent four years and six months in the program, which is longer than most. She explained she was not committed. She would not follow through on her obligations, and she would lie to the judge about her progress. She would tell everyone what they wanted to hear. “I let myself get in the way of me.” Then Sue relapsed, and she was sent to prison for five years. While in prison, she gave birth to her daughter, who is now nine years old. Sue says it took her two years in prison to get sober. She got involved in supportive programs and changed her friends. “I surrounded myself with people who are positive and want something in their lives.” Sue has now been sober four years. She says it would’ve been easier “to just admit in Drug Court that I was struggling.” Sue explains it is not like other court proceedings in the legal system. “They ask, ‘What can I do to help you?’” On this day, Judge Leigh Frizzell Hayes is overseeing
April 2022
RES GESTAE
21
Drug Court. She shares the duty with Judge Josephine Gagliardi. Judge Gagliardi also overseas Mental Health Court and Veterans Court, which are similar in their approach and targeted to those specific demographics. Collectively, these courts are called treatment courts.
It's a wonderful opportunity to change their lives. It's not like any other court. – judge leigh frizzell hayes –
The treatment courts are designed to divert cases from the traditional court system for people who are diagnosed with severe substance abuse or mental health disorders. Participants must meet certain requirements to be approved, and a primary goal is to prevent participants from committing new offenses. The treatment courts are for adults only. A potential participant must be a Lee County resident, must be evaluated and recommended to benefit from the program, have a pending felony and/or pending Violation of Probation charge and not previously participated in the program. Judge Hayes clearly displays the supportive atmosphere Sue refers to. When speaking to the participants, her tone is welcoming, positive, and nonjudgmental. All participants have an opportunity to speak and talk about what is happening in their lives. They discuss their successes, their support network, and their work status.
Judge Hayes explains the structure of the courts is built around the idea “the longer they can stay sober, the better their chances of succeeding.” Additionally, Mental Health Court encourages cooperation between the criminal justice system and community mental health providers. At the end of January 2022, there were 84 active participants in Drug Court, 63 participants in Mental Health Court and 29 participants in Veterans Court. There are more than 3,000 drug courts operating in the United States. Generally, they include the following five steps in their approach:
Judge Josephine Gagliardi
Judge Hayes facilitates the discussion, asking questions intended to elicit both successes and challenges. She congratulates them on their progress, and she encourages the other participants to applaud. If a participant talks about struggles, Judge Hayes discusses options to help support them with their challenges.
•
Offender screening and risk assessment.
•
Judicial action.
•
Supervision, monitoring, and drug testing.
•
Graduated incentives or sanctions.
•
Better availability of treatment and rehab services.
Lee County Drug Court is structured in five phases. In Phase I, they come to court every week. In Phase 2, they come every other week. According to Amy Kinsey, Criminal Division Director of the 20th Judicial Circuit Administrative Office of the Courts, the average participant takes 20 months to complete the Drug Court. Judge Hayes says, “If you use, you’re not going to phase up as fast.”
This is Judge Hayes’ second time in Drug Court. The first time she presided over the court for eight years, and then was moved to Charlotte County. Several years after returning to Lee County, she was assigned to Drug Court once again.
Kosinski says, “The motivation of the Defendant for change is a big factor for success.” Also according to Kinsey, the average participant takes 9.9 months to complete Mental Health Court and 16.6 months to complete Veterans Court.
Judge Hayes appreciates the influence the court can have with the participants. She says, “It’s a wonderful opportunity to change their lives. It’s not like any other court.” For all three treatment courts, the participants must plead to their criminal charges and be placed on probation. Assistant State Attorney Amy Kosinski has worked in Mental Health Court since 2001, Drug Court since 2014, and Veterans Court since its inception. Kosinski says referrals to the treatment courts come from judges and other attorneys, and first and foremost, the defendants need to be interested in participating. She says it’s a voluntary program that gives the participants tools for continued success. “We want people who aren’t looking to fight the charges.”
22 RES GESTAE
A clinician assesses the participants and participants are provided an individualized treatment plan. Assistance and treatment is coordinated throughout the program and progress toward goals is monitored closely. Their sentence is vacated after successful completion of the program.
Judges have several options when a participant isn’t in compliance with Judge Leigh Frizzell Hayes the program. The judge can ask for enhanced treatment services when a relapse occurs. They could order daily drug tests. Of course, the participant could be removed from the program and incarcerated. So, how effective are these treatment courts? According to
LeeBar.org
the Office of the State Courts Administrator, drug courts are proven to be highly cost effective. Cost benefit studies have concluded that drug courts save on average $3,000- $12,000 per participant. On average, every $1 spent on drug courts was estimated to result in a cost saving of $1.74 to $6.32 per participant. It’s believed: •
the costs of the courts are less than incarceration,
•
the programs reduce the level of criminal behavior and drug abuse,
•
people with drug abuse and mental health concerns receive treatment,
•
participants stay in treatment programs longer,
•
there can be a comprehensive approach so treatment programs can work with other rehabilitative services,
•
the programs raise community awareness about service availability.
Critics of these programs say: •
offenders receive a lighter sentence,
•
the programs could encourage people to break the law in order to obtain treatment,
•
there is less supervision than traditional probation,
•
participants must waive their right to a trial,
•
if a participant is unsuccessful, they could receive more jail time than if they had entered a standard guilty plea.
According to Kinsey, in Drug Court, the average success rate was 58% for fiscal year 2020-21, with a 56% average success rate since inception of the program. The overall 1-year recidivism rate for successful completions between 2017-2020 was 23.35%. In Mental Health Court, the average success rate was 81% for fiscal year 2020-21, with a 71% average success rate since inception. The overall 1-year recidivism rate for successful completions between 2017-2020 was 9.33% In Veterans Court, the average success rate was 100% for fiscal year 2020-21, with a 78% average success rate since inception. The overall 1-year recidivism rate for successful completions between 2017-2020 was 13.95%. Kosinski says, “When it does work, it feels great to be a part of it.” Additionally, she says some participants have surprised her. “I learned I can’t take things for granted.” When Brad’s sponsor addresses the courtroom, he says “I thank this type of system for being here. We didn’t always have this, and they just put people away. You all have an opportunity. And I used to be in your shoes.”
April 2022
RES GESTAE
23
special feature
LCBA attorneys provide free legal advice during by keith grossman, esq.
“I work at a gas station and my boss told me if I take off work, I will be replaced. Can I get unemployment?” “My landlord won’t fix my sink. How can I get out of my lease?” “I want to move out of the home that I share with my boyfriend. Can I take our two kids and leave?” These are the types of questions volunteer attorneys from the LCBA may hear at the Law in the Mall service event on April 30, 2022, from 10:00 a.m. through noon at the Edison Mall. Law in the Mall is one of the many events that take place during Law Week, which is April 30 - May 6, 2022. Law in the Mall is one of the most important service events offered during the year by the LCBA. Local attorneys provide free legal advice to Lee County residents who may not otherwise be able to afford legal services. People who don’t know how to access legal help or are intimidated to do so, may simply stop by and request one-on-one time with an onsite attorney. There is no appointment or pre-qualification necessary. Legal questions may be in the areas of divorce, probate, criminal law, bankruptcy, real estate, foreclosure and many others. Attorneys answer questions and provide direction about circumstances that fall within their practice areas. The more lawyers who volunteer, the more legal
24 RES GESTAE
help can be provided to our community. It’s also an opportunity for attorneys to fulfill the aspirational goal The Florida Bar sets of at least 20 hours of pro bono work per year. In past years, as many as 30 attorneys have donated their time and expertise. Attorney Ryan O’Halloran, who serves as co-chairperson for Law in the Mall, has said in the past, “Since its inception, Law in the Mall has paired hundreds of leading attorneys with thousands of Lee County citizens to provide pro bono legal advice to those who may not be able to afford legal services otherwise.” Attorney Katherine Camadeco, who also coordinates the event, says volunteer attorneys will gather in the atrium of Edison Mall, near the Dillard’s entrance. Camadeco is seeking volunteer attorneys to help. There’s a sign-up sheet available at the LCBA website, and LCBA Executive Director, Lauren Baugh, will be emailing all members a link to the sign-up sheet. Camadeco also plans to reach out to members of the Young Lawyers Division and other attorneys encouraging them to participate. Camadeco publicizes the event by sending notice to Lee County Legal Aid, Florida Rural Legal Services, Lee County Clerk of Court’s Self-Help Center and many other organizations that serve people who are unable to hire an attorney. LeeBar.org
The Law Week activities are built around the American Bar Association’s Law Day, which is May 1st. The American Bar Association first suggested the idea for a Law Day in 1957 as a special day for celebrating our legal system. Law Day celebrates the importance of the U.S. legal system and judicial branch. Law Day was originally proposed by American Bar Association President Charles Rhyne, and officially established by President Dwight D. Eisenhower’s proclamation. President Eisenhower issued his proclamation establishing a Law Day in 1958 and his proclamation stated, “I urge the people of the United States to observe the designated day with appropriate ceremonies and activities.” Congress passed a joint resolution on April 7, 1961, to dedicate May 1st every year as a day to celebrate the rule of law and its contributions to our country’s freedoms. Every President since that time has issued their own annual Law Day Proclamation. The LCBA started celebrating with a full April 2022
week of activities in 1994. The Hon. John S. Carlin has continued to chair the event since its inception. During Law Week each year, the LCBA presents educational, social, community service and awards events, including a blood drive run by Law Week committee member, Luis Rivera.
Other Law Week events include: Blood Drive: May 5th from 8:00 a.m. to noon across from the Lee County Justice Center LCAWL Judicial Reception: May 5th from 5:00 to 7:00 p.m. at The Edison restaurant Second DCA Oral Arguments: May 6th from 8:30 to 11:30 a.m. at the Lee County Justice Center, Courtroom 1-A Awards Luncheon: May 6th from 11:30 a.m. to 1:00 p.m. at The Edison restaurant Photos are from past Law in the Mall events. RES GESTAE
25
community corner
Attorney Kayla Richmond Has Supported the Harry Chapin Food Bank’s Mission Since She Was Sixteen by Iman Zekri, Esq.
I
nside the courtroom, Kayla Richmond is a skilled and eloquent litigator who advocates for her clients in various divorce, marital, and family law matters. Outside the courtroom, Kayla’s compassion for individuals facing food insecurity is palpable and inspiring. Kayla is a stockholder in Henderson Franklin’s family law department. She is also active in the community and devotes her free time to serving on the Board of Directors for the Harry Chapin Food Bank of Southwest Florida. Kayla has been a member of the Board since 2017, and she firmly believes in the organization’s mission to lead the community in the fight to end hunger.
A Desire to Help Our Community She first became involved with the Harry Chapin Food Bank when she was 16 years old. Kayla had an opportunity to volunteer with the organization while she was a student in the International Baccalaureate program at Fort Myers High School. What began as a volunteer requirement quickly turned into a lifelong passion for Kayla. Kayla’s desire to help people extends beyond her family, friends, clients, and colleagues. Working with the Harry Chapin Food Bank opened her eyes to just how many hungry people are in our community. “Food waste is a big issue,” Kayla explains. “It is heartbreaking to see food be wasted when you know the numbers and have seen the less fortunate members of our community struggle with hunger.”
26 RES GESTAE
More Than a Mission When I ask Kayla what she loves most about the organization, her response is filled with respect and admiration for the work the Harry Chapin Food Bank is doing in our community. “I am proud to be part of an organization where donations from the community are being well spent,” Kayla explains. “Our organization goes above and beyond to pursue its mission of ending food insecurity in Southwest Florida. The Harry Chapin Food Bank does an incredible job of turning dollars into real contributions to the community.” Kayla was able to obtain some statistics to illustrate the organization’s impact on our community. For starters, during the last fiscal year ending in June 2021, the Harry Chapin Food Bank distributed 47.6 million pounds of food, which is equivalent to 1,200 tractor-trailer loads. This fiscal year, the Harry Chapin Food Bank has distributed 23.3 million pounds of food so far, which is a 77% increase in comparison to the previous year because of the increasing needs of the community as a result of the devastating impacts of the COVID-19 pandemic. The Harry Chapin Food Bank is the largest hunger-relief nonprofit in Southwest Florida, and the organization’s impact is staggering. When I ask Kayla about the organization’s accomplishments to date, she responds: “The Harry Chapin Food Bank has fed millions of people. Everyone falls on hard times, and the pandemic magnified LeeBar.org
that. Since the start of the pandemic, we have distributed 80 million pounds of food. I am constantly impressed by everything the Harry Chapin Food Bank does to achieve its mission.”
Doing Your Part I ask Kayla about how others can get involved and contribute to the remarkable work of the Harry Chapin Food Bank, and she shares that anyone interested can volunteer to pack food at the warehouses in Fort Myers and Naples and can pass out food at a mobile pantry, host a food drive, and donate. The Harry Chapin Food Bank also has the Letter Carriers Food Drive (where postal workers and volunteers band together to collect nonperishable food donations that you set out by your mailbox) on Saturday, May 14th. Kayla shares, “Volunteering or donating to the organization touches people from all walks of life—young, old, male, female, employed, disabled, and all races and ethnicities. Hunger does not discriminate. The Harry Chapin Food Bank helps individuals from all walks of life get back on their feet.” One recurring theme I took away from my interview with Kayla is that giving back to the community should be part of your routine. Give what you can, where you can, and when you can, and that makes all the difference.
Iman Zekri is a family law attorney at Henderson, Franklin, Starnes & Holt, P.A. Iman devotes 100% of her practice to divorce and family law matters and serves on The Florida Bar’s Student Education & Admissions to the Bar Committee.
The Legacy Continues Helping Save Families since 1971
xx
A respectful approach to divorce. Client-centered, child-focused, problem-solving transition from marriage. Divorce does not have to be a destructive process.
Sheldon E. Finman, Esquire | Julia L. Finman, Esquire
239-332-4543 RespectfulDivorces.com 2134 McGregor Blvd., Fort Myers, Fl 33901
CRIMINAL DEFENSE
The Public Notice laws are changing, but working with us is not.
SCOTT T. MOOREY
When the new laws* go into effect Jan.1, 2022, the Business Observer will still be in compliance. Which means doing business with us will still be simple, fast, affordable and accurate.
The Business Observer offers: • Electronic invoicing and E-filing capabilities
275-5552
• Professional staff to quickly assist you • Low competitive flat rates • Qualified legal status • All print notices published by the Business Observer are automatically placed on BusinessObserverFL.com and FloridaPublicNotices.com at no additional cost
1430 Royal Palm Square Blvd. Suite 101 Fort Myers, FL 33919
To publish your legal notices, call Kristen:
941-906-9386, ext. 323
Email: kboothroyd@BusinessObserverFL.com
BusinessObserverFL.com
scott@GoodPeopleDoGetArrested.com
*Florida House Bill 35
XNLV19839
April 2022
RES GESTAE
27
legal lens The LCBA held it's Membership Luncheon, CLE and Foundation Grant Allocations Luncheon on February 17th at the Sidney & Berne Davis Art Center. Scott Westheimer, Esq., candidate for President-Elect of The Florida Bar, spoke on the topic of "What to Know about Florida's Lawyer Discipline System and How to Avoid it." Twenty-six 501(c)(3) receipents received a total of $53,500 in funds from the Lee County Bar Association Foundation. 1. Nathan Winesett, Kelly Fayer 2. John Agnew, John Webb 3. Grant receipents with the LCBA Foundation 4. Travis Russell, Andrew Banyai 5. Leland Garvin, Spencer Cordell, Blake Hampton 6. Hon. Kathleen Smith, Scott Westheimer, Ita Neymotin, Tiffany Pereira
1 1
2
For more pics, check out the gallery at LeeBar.org
3
5
Photos courtesy of Jim Jett Photography
4
6 28 RES GESTAE
LeeBar.org
850 Park Shore Drive | Trianon Centre, 3rd Floor | Naples, FL 34103
April 2022
RES GESTAE
29
the dish
The Go Go Diner will be your new guilty pleasure spot by lauren baugh
I
magine being invited to lunch, and the person chooses a location on Pondella. The face you are making - that is exactly the face I made when I realized where I was!
It has all the regular staples, such as pancakes, toast, eggs, etc. My favorite is eggs benedict, and this one seems to be unique. It is called “The Rebel Benedict,” so I stick with my favorite and am excited to try their spin on the dish.
We pull up to a strange shopping plaza. It looks like it may have thrived in the 80s or 90s. Now it leaves me questioning our commercial real estate market. There is a spay and neuter clinic, a bingo hall and various other shops that have seen better days. This could be a result of skyrocketing rental prices, or the lack of money many mom-and-pop shops have available to spend. I would never imagine an amazing culinary experience in such a plaza, but that is what you will get if you make the The Rebel Benedict trip here.
My friend, who chose this diner, says he will have the hash. I am thinking, “What is so great about hash? It is literally a bunch of random breakfast goods tossed together on a plate and called a meal.” Either way, the food smells good, so I am confident nothing is bad here. While we wait for our food, the owner of the diner, Brian OConnor, is working the cash register and glancing at each table. He seems to be making sure each table has drinks and doesn't need anything. I am taking pictures, and he looks at me funny. I say, “I am taking pictures to write a small article”, and he smiles.
The Go Go Diner is a tiny unassuming space that offers a large menu of down home diner cuisine. After eating there, I researched it further and discovered this place has a huge cult following! Although it was lunch time, when I’m in a diner, I tend to eat comfort breakfast food, so I opt for that menu.
30 RES GESTAE
Hash with eggs and biscuits and gravy
LeeBar.org
He comes to our table and hands me a bottle of hot sauce. Not exactly the normal greeting, but I can tell he is as unique as this space. We speak for a few minutes, and it’s apparent this is his pride and joy. He is working,
serving, and I am sure when not talking to us or checking on tables, he is cooking. He explains he could move to a more desirable location, but this is his space. He loves food. He loves this space and the people he serves daily. His patrons know him and where he is. That is the goal he had. Now back to this bottle of hot sauce. I love hot sauce. My personal favorite is Crystal. It is not “hot”, and the flavor compliments almost anything. This hot sauce he hands me, though, which is on each table, was scratch made, so I had to try it. To quote one of my favorite foodies, Guy Fieri, the hot sauce “took me to flavor town”. It is the perfect hint of smoke and spice to liven up the food. The hash my friend ordered is not your normal crumbly-like hash. It is a huge slice, kind of like meatloaf. It is served with toast and two sunny side up eggs.
The flavor is truly phenomenal. The hot sauce compliments it perfectly. And my eggs benedict…At first, I glanced down and thought, “Ok, I have been had. They have served me biscuits and gravy.” I was expecting a yellow color on top of an English muffin with ham, etc. Nope. The gravy is indeed gravy you would get with a helping of biscuits and gravy. In this case, it is on top of American cheese (also unexpected), fried eggs, ham and then a freshly baked biscuit. It is rebellious indeed. The flavor combo is beyond expectations. Clearly, I am not on a diet as reflected with these options, but there is no diet that could keep me away from this plate. I add the hot sauce to it, and to this day, I cannot stop thinking about it! Grab some friends or your family and head down to the Go Go Diner. You will not regret it. It will be your new guilty pleasure spot.
THE BAKER’S DOZEN A tasting party & silent auction presented by
benefitting
957 Pondella Rd North Fort Myers, FL 239-599-8877 GoGoDiner.com Tuesday - Sunday 7 a.m. - 2 p.m.
Lauren Baugh is the Executive Director at Lee County Bar Association and can be reached at lauren@leebar.org.
Thirteen marvelous cakes for a great cause! Friday, April 29, 2022 5:30 - 7:30 p.m. The Collaboratory 2031 Jackson Street, Fort Myers Judges and attorneys may attend at no charge Guests: $30 (includes two drink tickets and cake tasting)
Register and purchase tickets at leecountylegalaid.org
April 2022
RES GESTAE
31
new members Lauren Drasties
Patrone, Kemp & Bentley, P.A.
Lindsay Garza
State Attorneys Office
Adam Hill
Law Offices of Adam G. Hill
Liza King
29th Judicial Circuit, Court Administration
Thomas Panebianco Attorney at Law
32 RES GESTAE
LeeBar.org
xx 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, P.A. All Injuries Law Aloia, Roland, Lubell & Morgan, PLLC. Arend & Sisk, P.A. Associates & Bruce L. Scheiner, P.A. Banker, Lopez & Gassler, P.A. Boy Agnew Potanovic Miller, PLLC. Boyle & Leonard & Anderson, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC. Calvo & Calvo, Attorneys at Law Che Diaz Law, LLC. Cole Scott & Kissane, P.A. - Fort Myers Coleman & Coleman, PLC. Freidin & Inglis, P.A. Garvin Law Firm
Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg|Noone|Abraham Personal Injury Atttorneys Goldstein, Buckley, Cechman, Rice & Purtz, P.A. GrayRobinson, P.A. Green, Schoenfeld & Kyle, LLP Hahn, Loeser & Parks, LLP John Webb Legal Group, P.L. Kagan Law Firm Kelleher Law Knott Ebelini Hart Law Offices of Dennis L. Webb, P.A. Law Offices of Michael M. Raheb, Criminal Lawyer Law Offices of Scott T. Moorey Lee County Legal Aid Society, Inc. Light Path Law, P.A.
Men's Rights Law Firm O'Halloran & Simmons, PLLC Osterhout & McKinney, P.A. Patrone, Kemp & Bentley, P.A. Pavese Law Firm Roetzel & Andress, L.P.A. Rubinstein & Holz Scarmozzino / King Trial Lawyers Sheldon E. Finman, P.A. Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Spivey Law Firm, Personal Injury Attorneys, P.A. Strayhorn and Persons, P.L. Viles & Beckman, LLC Zinn Law If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.
KING
LIZA F O R
L E E
VOTE
C O U N T Y
C L E R K
O F
T H E
C I R C U I T
C O U R T
ACCOUNTABLE | EXPERIENCED | PROVEN LEADERSHIP www.VoteLizaKingforClerk.com
Paid Paid for for by by Liza Liza King, King, Republican, Republican, for for Lee Lee County County Clerk Clerk of of the the Circuit Circuit Court Court
April 2022
RES GESTAE
33
judge spotlight
Hon. Erik Leontiev
1. My wife and I have 6 children—2 teenagers, 3 grade schoolers, and 1 preschooler. In our household, few moments are more exquisitely satisfying than an early bedtime. 2. At 18, I drove a red Alfa Romeo that I fixed up as a hobby. I no longer have it and have since upgraded to a 12-passenger van, but I still enjoy working on cars. 3. Growing up, I lived on several military bases while my parents served in the U.S. Armed Forces. I was born in Munich, Germany and lived in Frankfurt until I was 8. I started high school at Balboa High School in Panama and later graduated while living in Leavenworth, Kansas. 4. My last name comes from my Russian grandfather, who recently turned 100. My looks come primarily from my Mexican mother, and my love for asado (South American barbecue) comes from my Argentinian father. 5. Before college and law school, I worked as a letter carrier for the U.S. Postal Service. One day on a walking delivery route, I was attacked by a cat. Totally unexpected.
BRANDING
+
DIGITAL MARKETING
+
GRAPHIC DESIGN
+
PUBLIC RELATIONS
+
WEBSITE DEVELOPMENT
+
ADVERTISING
Proudly serving attorneys and law firms since 2007. CONRICpr.com 239.690.9840 34 RES GESTAE
LeeBar.org
A cut above. We understand the value of a reputation. We’ve been building ours for nearly 30 years. We also understand that when you refer a case, it’s your reputation on the line. That’s why we take a singular approach to our work. Medical malpractice is our specialty. We’ve spent years honing our craft and sharpening our skills. So when you turn to us, you can do so with the confidence that we’ll rise to the occasion and make you shine. Call us at (877) 644-5122 to discuss your client’s potential case.
Your
a d i r o l F t s e w h t u o S Realtor
®
Christina Mehta,
4,000 mediations
Waterfront Specialist
Experience Makes the Difference.
1980 - 2020
GRI, RSPS
Affiliate Member of the Lee County Bar Association
LPR
Call Today! 239.470.4204
Email: Christina.Mehta.realtor@gmail.com 1342 Colonial Blvd • Unit H-59 • Fort Myers, FL 33907
www.ChristinaMehtaRealtor.com
April 2022
Leonard P. Reina, Esq. mediator
239.263.2059 ■ LReina@LPReina.com RES GESTAE
35
member spotlight
Matthew Roepstorff
1. I graduated from the University of Alabama in 2007. That’s not a secret to those who know me. However, most don’t know that legendary quarterback, “Broadway” Joe Namath, was in my graduating class. 2. Before attending the University of Alabama, I played one year of college football at Jacksonville University in Jacksonville, FL. I transferred to Alabama the following year with no desire to try out for the Crimson Tide. 3. My wife, Mairin, is also a practicing attorney. She is Assistant General Counsel at NeoGenomics Laboratories in Fort Myers. Our practices are very different (in-house counsel versus private practice), which gives us distinct perspectives on the practice of law. 4. Mairin attended law school at the University of Georgia. So, college football has been interesting for us to watch together the past few years. We have attended the last two UGA vs. Alabama SEC championship games in person. At least one of us is happy after each game. 5. Mairin and I welcomed our first child in March of this year. We are blessed with a baby boy - Gentry Briggs Roepstorff. I am confident he will take after his father and become a Bama fan.
Protecting the well-being, safety and independence of Florida’s seniors
Life Care Management
Fiduciary Services
Healthcare Planning • Insurance Management Housing Coordination • Exploitation Prevention
Power of Attorney • Healthcare Surrogate Independent Trustee • Personal Representative
www.senioragroup.com
www.trustnaples.com
2390 Tamiami Trail North, Suite 202, Naples, FL 34103 I 239-206-1203
36 RES GESTAE
LeeBar.org
WANT MORE REFERRALS?
Your fellow LCBA attorneys could be your #1 source.
Mediations/Arbitrations
Advertise Here!
33 years experience AV Preeminent Rated Florida Supreme Court Certiied Circuit and County Court Mediator Court approved Arbitrator Former President of the Lee County Bar Association
Contact Lisa Doyle-Mitchell 239.851.4729 or advertising@conricpr.com
To schedule call:
239-297-9741 April 2022
RES GESTAE
37
in the news
The Lee Clerk’s office was honored with its 36th consecutive award from the Government Finance Officers Association for excellence in financial reporting. The Annual Comprehensive Financial Report was awarded a Certificate of Excellence, which is the highest form of recognition in government accounting and fiscal reporting. The 200+ page financial document is produced by the Clerk’s office at the end of each fiscal year and details Lee County government’s revenue and spending. It contains financial information, including statements of net assets, the balances of county funds and debt information. The full report is available to download at leeclerk.org.
Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that attorney Geraldo F. (Jerry) Olivo, III was elected a stockholder. Olivo joined the firm in March 2020. He has represented clients in matters of creditor’s rights, criminal law, family law, general civil litigation, civil rights, employment law, and education law. Olivo is a Florida Supreme Court Certified County Civil, Circuit Civil, and Family Law Mediator and he is admitted to practice in Florida and Wisconsin.
Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that Tort and Insurance Litigation attorney Monica Schmucker was elected as a Stockholder beginning January 1, 2022. Schmucker assist clients throughout Southwest Florida in defense of negligence, personal injury, premises liability, vehicle negligence, and wrongful death claims. In 2021, Schmucker became both a Florida Supreme Court Certified Circuit Court Civil Mediator and Qualified Arbitrator. Schmucker is a former Deputy Attorney General in Indiana.
Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that stockholder J. Matthew Belcastro has been named chair of the Tort and Insurance Litigation Department. Belcastro is a Florida Board Certified expert in construction law and is also chair of the firm’s Construction Practice Group. He concentrates his practice in construction contracts, construction and real estate litigation and has an active appellate practice. Belcastro is also involved with the Florida Construction Lawyers Legislative Subcommittee.
Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that stockholder Amanda Barritt has been inducted to the Board of Directors for Habitat for Humanity of Lee and Hendry Counties, Inc. She has committed to a four-year term during which she will “impart the wisdom and knowledge needed to strengthen (the) mission of building homes, communities and hope,” as acknowledged by Elisha Baird, Vice President of Strategic Partnerships at Habitat for Humanity.
38 RES GESTAE
LeeBar.org
Aloia new ad
Our Dedicated Service Defines Us. Aloia, Roland, Lubell & Morgan, PLLC is proud to support the second annual Fish Like MADD Tournament in honor of Dylan Gonzalez.
Saturday, April 23 starting at 7 a.m. on the waters within Lee County To register: madd.org/fishlikemadd
“ Our personal injury team sees tragic DUI and BUI accidents often. We believe wholeheartedly in MADD SWFL’s mission. Our goal is to elevate awareness of the organization’s advocacy work from the highways to the waterways. We challenge you to join in the fun while helping those who have been affected and need ongoing support. ”
Ty Roland, Senior Partner Aloia, Roland, Lubell & Morgan
Headquartered at 2222 Second Street + Fort Myers, Florida 33901 + 239-791-7950 + LawDefined.com April 2022 RES GESTAE
39
P.O. Box 1387 Fort Myers, FL 33902-1387
PRSRT STD U.S. POSTAGE
PAID
(239) 334-0047 Fax (239) 334-0523
FT. MYERS, FL PERMIT NO. 147
LeeBar.org
ENB ad
W E MA K E B A NK I NG A B O U T Y O U !
“WE MAKE IT OUR BUSINESS TO KEEP .”
banking personal
— Geoff Roepstorff, CEO and Robbie Roepstorff, President
Like Thomas Edison, we believe there is always
“a better way.” When you walk into Edison National Bank, you will have a “customer comes first” experience. We consistently go above and beyond your expectations to meet your needs and to provide a better way of banking.
Edison National Bank/ Bank of the Islands customers enjoy:
• free online and mobile banking • no-fee access to their account funds at any Publix® Presto! ATM
• free bill pay services for personal account holders • courier and cash management services for business clients
• streamlined processing for all loans including commercial and residential mortgage loans
To learn more about our customer services and convenient locations, please visit EdisonNationalBank.com or call 239.466.1800. An Equal Housing Lender | Member FDIC | Bank of the Islands is an office of Edison National Bank.