Res Gestae - August 2020

REFORMS, INJUSTICE IMPACT THE LEGAL COMMUNITY

Honoring area's Super Lawyers, Rising Stars THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • AUGUST 2020

contents on the cover

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ad directory

Reforms, injustice impact legal community Tom Hayden

Cover: protest in downtown Miami, Florida on May 31, 2020

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special feature

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Honoring area's Super Lawyers, Rising Stars Tom Hayden

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

Real Property, Probate and Trust Law

Kenneth Kemp, II, Esq.

28 100 Club 30 The Dish

Mason's Lobster Rolls Lauren Baugh

32 Guest Column

Clerk of Courts Linda Doggett

34 5 Things You Don't Know

About Me

Kristie Scott, Esq.

38 In The News

16 YLD Spotlight

Tiffany Pereira, Esq.

18 Advertiser's Spotlight

Hurtado Immigration Law Firm

23 New Members

Alma B Photography 37 Boy, Agnew, Potanovic 29 Business Observer 19 Calvo & Calvo Attorneys at Law 33 CONRIC PR & Marketing 27 CopyLady IFC Cummings & Lockwood, LLC 38 DeMine Immigration Law Firm 17 Denise Kennedy 36 Direct Impressions 36 Donna Tisch 19 Edison National Bank BC First Street Executive Suites 7 Frank Piazza, P.A. 13 Henderson, Franklin, Starnes & Holt, P.A. 33 Hurtado Immigration Law Firm IBC Law Firm of Scott T. Moorey 35 Law Offices of Dennis L. Webb 34 Law Offices of Dennis L. Webb,Justin Hales, Esq. 28 Leonard P. Reina 19 Livingston Loeffler, P.A. 15 Markham Norton Mosteller Wright & Company PA 15 McHale, P.A. 29 McHale Properties Co. 38 Men's Rights Law Firm 13 Morgan & Morgan 11 Musca Law Office, Inc. 3 Pulse Technology Solutions 31 REAS, Real Estate Advisory Services, LLC 33 Roetzel & Andress 35 Sanibel Captiva Community Bank 9 Sexto Productions 36 Sheldon E. Finman, P.A. 23 Simon Harrison, Esq. 15 Spivey Law Firm Personal Injury Attorneys, P.A. 5 Sproat Workplace Investigations 37 Steve Niehaus, Edison Business Advisors 35 Stockman Mediation 28 The North Law Firm, P.A. 17 Wright Mediation 29

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RES GESTAE

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president's letter This year has been difficult.

Everyone in our community is feeling frustration, angst, pain, anger, or all of the above in some form or fashion. Whether those feelings stem from financial pressures, societal issues, health concerns or general disruption to everyday life, we are all feeling it.

LEE COUNTY BAR ASSOCIATION administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

executive council

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

committee chairs BENCH-BAR GALA

LAW RELATED EDUCATION

Danielle Butler, Esq.

T. Rankin Terry, Esq.

DIVERSITY AND INCLUSION

LAW WEEK

Ita Neymotin, Esq. and Kelly L. Fayer, Esq.

Hon. John S. Carlin

HEALTH AND WELLNESS

LCBA FOUNDATION CHARITY GOLF TOURNAMENT

John Miller, Esq. and Joel Hyatt, Esq.

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

HISTORY

MOCK TRIAL

Jenna Persons, Esq. and E. Bruce Strayhorn, Esq.

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

Shanthy Balachanthiran, Esq.

practice section chairs ALTERNATIVE DISPUTE RESOLUTION

Anne Dalton, Esq. and Bill Merchant, Esq.

LAND USE AND GOVERNMENTAL LAW

Alex Brockmeyer, Esq. and Matthew Irwin, Esq.

Erica Woods, Esq. and Sarah Spector, Esq.

CRIMINAL LAW

REAL PROPERTY, PROBATE AND TRUST LAW

ELDER LAW

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

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

George Knott, Esq. and Carlos Kelly, Esq.

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IMMIGRATION LAW

Indera DeMine, Esq. and Nirupa Netram, Esq.

APPELLATE LAW

Leah Harwood, Esq. and Kathleen Fitzgeorge, Esq.

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

TREASURER

Tiffany Pereira, Esq.

BOARD MEMBERS

In times of angst and uncertainty, people search for sources of reliable information and open forums for discussion – free of agendas, narrative and vitriol. Too often though, popular sources of information such as social media and mainstream media are clouded with partisan politics, opportunistic journalism and sensationalized narratives. For this reason, the LCBA seeks to provide an escape from those counterproductive influences and empower our members and all stakeholders with unbiased information and meaningful discussion.

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VICE PRESIDENT

Blake Hampton, Esq.

Spencer Cordell, Esq. Peter Knize, Esq.

The LCBA still has a list of ambitious goals for 2020. Chief among them is the continued transformation and utilization of the LCBA and its events as a place of open dialogue. Additionally, we remain unrelenting in our commitment to provide our community with critical updates on legal and legislative matters.

I remain proud of our LCBA members, sponsors, staff, executive committee and all community stakeholders. We will move forward with the lessons learned these past few months and remain resolute to accomplishing our goals. God bless and stay safe.

SECRETARY

Kathy Smith, Esq.

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

In the closing months of 2019, the executive committee of the LCBA came together and thoughtfully planned out an exciting and powerful agenda for 2020. Needless to say, that agenda has not quite taken shape as expected. Unforeseen and uncontrollable circumstances, force us to adapt our plans to meet the moment and proceed forward. I’m proud to say with confidence that our Lee County Bar Association and our legal community has done just that.

The LCBA has been unwavering in its mission to further the education of its members, create meaningful interaction among members and to inform the community on important legal matters. The LCBA has served as a host and a platform for the free expression of ideas, personal experiences and meaningful interaction amongst a wide variety of community members and stakeholders. Notably, our diversity and inclusion committee has been proactive and vigorous in spearheading events designed to foster open discussion and dialogue amongst those both inside and outside our traditional legal community.

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Matt Roepstorff, Esq.

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

Conor Foley, Esq. TORT LITIGATION

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executive director's letter August happens to be one of my favorite months because it is my anniversary month with the LCBA and my birth month.

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

This past year has certainly been exciting to say the least. I have had the pleasure of meeting some of the friendliest and most intelligent people in my life while with the LCBA. I came into this job thinking it would be fun and very challenging.

I knew I would be busy with paperwork and making phone calls, but there has been so much more. I have always had a passion for the legal world, but this job has elevated that to much higher levels.

239.334.0047 resgestae@leebar.org

staff PUBLISHER

Connie Ramos-Williams | 239.690.9840 Ext. 1001

EDITOR-IN-LAW

Tiffany Pereira, Esq.

MANAGING EDITOR Tom Hayden

CREATIVE DIRECTOR April Bordeaux

ADVERTISING DIRECTOR

I have been able to attend many CLEs, some that I have hosted, and each time I have the pleasure of meeting members of the legal community, whom I am happy to now call friends. Each person offers to help with anything I may need. No other job I have had has offered such a friendly greeting.

Linda Fiore | 239.690.9840 Ext. 1006

FEATURE WRITER Tom Hayden

CONTRIBUTING WRITERS Matt Roepstorff, Esq. Lauren Baugh Henry Lee Paul, Esq. Kenneth Kemp, II, Esq. Tiffany Pereira, Esq. Linda Doggett Kristie Scott, Esq.

I have the pleasure of working with some of the most amazing individuals on the LCBA Executive Council. During these crazy times, there is not a week that goes by where they do not reach out to make sure I am OK, my family is OK and that I am able to get all things done while remaining safe.

I have been able to be a part of some of the coolest events in our area, whether it’s a CLE, where I get to learn about all things law, or our Bench Bar Gala, where I get to get to know our judiciary, as well as members, on a personal level. Our members’ luncheons, where we have hosted amazing speakers at the Sidney & Berne Davis Art Center and where we are served great food by Karen and Mike Gavala’s G3 Catering Service, also are great resources for me.

One of the best parts of this job, though, has been getting to know our sponsors and their businesses. Our annual sponsors are really and truly amazing. They are so generous in giving to our organization so we can continue to offer our programming and other events.

If you are ever able to, please do what you can to support the sponsors, who support us. They are: Sanibel Captiva Community Bank; Kelleher Law; Edison National Bank; Henderson, Franklin, Starnes & Holt, P.A.; Law Office of Dennis L. Webb, P.A.; Bank OZK; Fort Myers Court Reporting; Boyle, Leonard & Anderson, P.A.; CopyLady, Inc.; Gray Robinson; John Webb Legal Group, P.L.; Boy, Agnew & Potanovic, PLLC; US Legal Support; Law Offices of Michael M. Raheb, P.A.; Aloia, Roland, Lubell & Morgan, PLLC.; CONRIC PR & Marketing.

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©2020 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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calendar of events Dates of some practice section meetings have not been confirmed. Check LeeBar.org for details!

August

Upcoming Events

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September

RPPTL Virtual Lunch Meeting

Noon to 1 p.m. Topic: IRA Planning in 2020:Â CARES Act, SECURE Act, and Qualified Charitable Distributions.

Speaker: Al Stashis, Esq.

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LCBA 2nd Annual Downtown Dash to benefit Hope Clubhouse

November

6 10

LCBA Solo & Small Section Tech Summit

December LCBA Member Holiday Party

October

3 16

31st Annual LCBA Bench Bar Gala LCBA Pro Bono Awards Luncheon

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

SUPREME COURT TAKES RARE STEP IN ADVICE OF COUNSEL CASE by henry lee paul, esq.

I

t has long been considered an axiom of lawyer regulation that advice of counsel is not available to a respondent in a bar discipline case. This principle was expressed in The Florida Bar v. Adorno, 60 So. 3d 1016 (Fla. 2011) when the Court stated advice of counsel “is not a defense available to respondents in Florida Bar discipline cases, unless specifically provided for in a rule or considered as a matter in mitigation.”

The Court receded from this pronouncement in The Florida Bar v.

Herman, SC17-2050 (Fla. 2020). After the referee refused to consider the respondent’s advice of counsel defense and recommended that Herman be suspended for 18 months, the Supreme Court reversed. The case was remanded back to the referee with instructions to consider the advice of counsel defense.

The allegations against Herman involved his personal bankruptcy. The Bankruptcy Court found that he intentionally concealed assets from an expected future bonus from his firm. The case was then referred to The Florida Bar. Although Herman never raised an advice of counsel defense before the Bankruptcy Court, he did assert it in the bar case.

The Supreme Court distinguished the Adorno case and expressed “the

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general principle we articulated in Adorno is not so unyielding as to preclude consideration of Herman’s advice of counsel defense in this case.”

The reason for this distinction is that Herman’s reliance on advice of counsel did not involve his dealings with and representation of clients. Instead, it involved advice from his bankruptcy attorney with Herman as the client.

Herman’s bankruptcy attorney testified in the discipline case that he drafted the language that was found to be misleading and advised Herman that it was appropriate. Herman stated he relied on this advice. Despite the findings of the Bankruptcy Court that Herman concealed assets, the Supreme Court described the bankruptcy issues as “close calls.” The Supreme Court did not weigh in on the merits of the defense but stated “Herman’s advice of counsel defense is sufficiently plausible that it cannot be taken off the table without consideration by the referee.”

Furthermore, the Court placed a significant burden on The Florida Bar to prove the case on remand. The Court wrote, “To establish that Herman is guilty of misconduct, the Bar would have to prove by clear and convincing evidence not only that Herman’s bankruptcy Leebar.org

disclosures were false or misleading, but also that Herman knew that they were false or misleading. Put differently, the Bar would have to prove that Herman’s answers to the questions on his bankruptcy schedules were not made in good faith. The advice Herman received from counsel, along with whether Herman relied on that advice in good faith, is relevant to determining whether the Bar can prove its case.”

Although this case will not authorize the advice of counsel defense in most bar cases, it may be significant as a bellwether. The Court has long trended towards the imposition of harsher sanctions while rejecting a wide range of defenses asserted by lawyers. The ruling in the Herman case has bucked this trend. Only time will tell if this will mark a change in the direction of the Court.

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.

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practice section: real property, probate and trust law

Our freedoms and the law’s words by kenneth kemp, ii, esq.

M

ost of my colleagues know me as a wills, trusts and estates lawyer and I chair the Real Property, Probate & Trust Law practice section for the LCBA. The laws that we follow today, including those in this practice section, were born from our constitutional laws and the Declaration of Independence.

4. There are three major parts of the Declaration of Independence: an introduction with a statement of philosophy, a list of grievances and a formal Declaration of Independence.

Recently, we celebrated the Fourth of July and the importance of the Declaration of Independence. How much do you know about the Declaration of Independence and the basis of our laws and freedoms?

Consider the following facts:

6. The Declaration of Independence started with the belief that the Stamp Act of 1765, imposed by Parliament of Great Britain, was unconstitutional.

1. The Declaration of Independence was never signed on July 4, 1776. In fact, the Second Continental Congress (“Congress”) formally declared independence from the Kingdom of Great Britain on July 2, 1776.

Congress approved of the declaration on July 4, 1776. However, it wasn’t until Aug. 2, 1776 that the Declaration was actually signed. Even then, not all of the delegates signed on Aug. 2, 1776.

2. Thomas Jefferson is known as the author of the Declaration of Independence. This is not the full truth. Congress appointed five people to draft the Declaration of Independence. They are known as the Committee of Five. The committee consisted of Thomas Jefferson, John Adams, Benjamin Franklin, Robert Livingston, and Roger Sherman. The Declaration of Independence was revised 86 times.

3. Many of the ideas set forth in the Declaration of Independence are derived from the English philosopher John Locke.

In particular, the idea that individuals are born with certain “inalienable” natural rights.

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5. There are 1,320 words in the Declaration of Independence. If you include the names of the 56 signers, the total count is 1,458.

7. Congress commissioned John Dunlap to make about 200 written copies of the Declaration of Independence. The Declaration of Independence was read aloud in Philadelphia, Pa., on July 8, 1776 (unsigned). Only 26 copies remain today.

A person bought an old picture at a yard sale for $4. Behind the picture contained a Dunlap copy of the Declaration. The person later sold the copy in 2000 for $8.1 million.

8. John Hancock was the first Congressional member to sign. Although Robert Livingston was a member of Congress and one of the members who authored the Declaration of Independence, he refused to sign the Declaration of Independence because he thought the country was declaring war too early.

9. The oldest Congressional member to sign the Declaration of Independence was Benjamin Franklin, who was 70 years of age. The youngest members to sign were Thomas Lynch, Jr. and Edward Ruthledge, both of whom were from South Carolina and were 26 years of age. The average age was 45.

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10. Not one person who signed the Declaration of Independence was born in the United States of America, since the country did not exist until after July 4, 1776.

11. There is only one (1) phrase written on the back of the Declaration of Independence: “Original Declaration of Independence dated 4th July 1776.”

12. Only two future presidents signed the Declaration of Independence: Thomas Jefferson and John Adams.

13. Thomas Jefferson and John Adams both died on July 4, 1826, the 50th anniversary of our Declaration of Independence.

The Declaration of Independence is open for display to the public at the National Archives in Washington, D.C. I have visited the Archives three times and I highly recommend it. As we celebrate our independence, please pray for our soldiers and for the men and women who keep us free.

The Wills, Trusts, Estates and Real Property Section meets on the second Friday of every month. Because of COVID-19, the section has met via ZOOM. We look forward to seeing you during our August meeting.

On behalf of the Wills, Trusts, Estates, and Real Property Section of The Lee County Bar, we wish you all the best and God Bless America!

Kenneth E. Kemp II, Esq. is an attorney with the law firm Patrone Kemp & Bentley, P.A. and co-chair of the Real Property, Probate and Trust Law practice section for the Lee County Bar Association.

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YLD spotlight

As school approaches, programs available to help families by tiffany pereira, esq.

J

ust like that, summer is over and it’s time to go back to school soon. One hot topic for all working parents and young lawyers is how on Earth are we going to continue to work from home while homeschooling, adapting to staggered school schedules, and the many other hurdles that are being presented. They say it takes a village to raise children, and the YLD is here to tell you about some programs to help out.

Our local Florida Association for Women Lawyers (FAWL) chapter, the Lee County Association for Women Lawyers (LCAWL) is also a YLD affiliate. Did you know that any other voluntary bar association you are a part of can become a Florida Bar YLD affiliate? This opens you up to many opportunities, including an online presence on The Florida Bar’s YLD affiliate page, grant opportunities, and more. If you are part of another organization and want to be a part of state YLD, please reach out to me so I can put you in touch with the right people.

I am so humbled and honored to share with you all that I was recently sworn in to The Florida Bar Young Lawyers Division Board of Governors to serve as the FAWL Chair, or Young Lawyers Director for FAWL. I am excited to join our two other representatives in the 20th Circuit; past LCBA YLD President, Kayla Richmond, and Joseph Coleman of Naples. I hope with this new position, that I am able to share even more information about statewide YLD initiatives with you.

On to those programs I mentioned…

FAWL has rolled out two programs for parents during these times. With so many young lawyers as parents or parentsto-be, there are plenty of us who need an extra hand here and there. The first

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program is the Grow Your Village program. This program will connect you with other moms in your area who are interested in arranging playdates, exchanging child care opportunities, or having someone to commensurate with over canceled events. The second program is the Help A Sister Out Program, which asks volunteers who have some extra time to help another attorney out with simple tasks such as picking up groceries or dry cleaning. For more information, please visit fawl.org.

With all in-person events at a standstill, virtual CLEs are really picking up. In addition to virtual CLEs, YLD has a multitude of content to offer you in the Legal Accelerator. There are over 1,000 videos featuring some of the state’s leading judges, practitioners, and Bar leaders on more than 500 topics in five main categories: professional development, ethics and professionalism, substantive legal questions, health and wellness, and The Florida Bar. You can access the Legal Accelerator via the tab on the left of your Florida Bar home portal.

If you venture down the legal video rabbit hole and need a way to catch up on CLE credits, The Florida Bar offers Leebar.org

plenty of pre-recorded videos in Legal Fuel, formerly known as the Practice Resource Institute. Legal Fuel also has a document library and plenty of resources for starting and managing your firm.

If COVID has displaced you from your job, this site is a great way to get you motivated about the practice of law again. Also, who can say no to free CLEs! These are just a few resources that are available to you, regardless of where you are working from, or whether or not you are venturing out in public. I hope you find this information useful, and again, please do not hesitate to reach out to me if you have any questions about the programs listed herein.

Tiffany L. Pereira, is apractitioner solo Pereira isEsq. a solo practitioner who concentrates her who concentrates her practice on practice on transactional and transactional business andbusiness agricultural agricultural law.toInserving additionastothe serving law. In addition YLD as the YLD President, is a member President, Tiffany isTiffany a member of the of theExecutive LCBA Executive LCBA CouncilCouncil and is and the is the statewide representative for the Lee County Association for Women Lawyers.

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advertiser spotlight

Pablo Hurtado finds calling in immigration law

P

ablo Hurtado, founder of the Hurtado Immigration Law Firm in Fort Myers is an American success story. He was born in Bolivia and came to the U.S. as a young boy, hoping for the American dream.

“Even back in law school I could see the court interpreters that were provided were treating (immigrants) with a lack of respect, dignity and worth. Everybody has a right to due process, and I could see the whole system was not explaining things to them.”

His father and family struggled to stay here legally, moving from city to city and state to state before eventually residing in Miami.

Hurtado became a U.S. citizen and was immediately fascinated with the legal profession after seeing so many people, he felt, were being denied their legal rights or fair representation.

Hurtado opened the Hurtado Immigration Law Firm on Aug. 15, 2011.

He has served over 5,000 clients through a staff of 11 people. “Our business model is we consistently seek a high quality of representation,” Hurtado said.

After graduating law school from Regent University in Virginia Beach, Va., Hurtado worked for two years in the state attorney’s office for the 20th Judicial Circuit, handling a variety of cases from DUI to major crimes in Glades and Hendry counties.

But immigration law was his calling, inspired by a life his family faced of enduring the hardships of trying to remain here and not face deportation.

During law school, he clerked for a law office dealing in immigration cases. After

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he left the state attorney’s office, Hurtado began to pick up immigration cases.

“I fell in love with it right away,” he said.

He saw a great need for attorneys to represent immigrants in Southwest Florida. He saw how they struggled with language and cultural differences as they sought permanent residence, citizenship and visas. Hurtado knew they needed someone who not only represented them but would take the time to explain the law.

“I started specifically in immigration because of the language barrier,” he said.

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Primarily, Hurtado helps those wanting to come to the U.S. and stay here legally secure visas or apply for U.S. citizenship, people already here but wanting permanent residency and those facing deportation proceedings. He also helps people wanting to start a business in the U.S. secure investor visas.

“It’s exciting to drive around town, see a structure and say that is our client who built a business here,” Hurtado said.

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19

Reforms, injustice impact legal community Photo: Protest in Miami on June 5, 2020

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Leebar.org

by tom hayden

G

eorge Floyd’s senseless death under the knee of a police officer sparked rage, violence and divisiveness across the U.S. His death also fueled conversations, debates and the beginnings of reform many hope lead to a better, stronger country where racial bias is no longer tolerated and education and communication are the rule rather than the exception.

The legal community and Lee County Bar Association are involved in the conversation and want to be part of the reform as they address the needs of clients who may have been unfairly accused of a crime or are victims of an unnecessary action, as well as looking at their own minority representation throughout the profession.

Attorney Joe North, Esq., founder of the North Law Firm, believes the country is finally going through an awakening since the death of Floyd, an African American, in Minneapolis on May 25.

He has seen racial profiling, represented clients who were wrongfully accused and were victims of intolerance. He believes that for the first time since the civil rights movement of the 1960s, change is coming.

“The incident with George Floyd is just so present in all of our minds. That was the tipping point,” said North, who is African American. “I believe we are going to see change similar to the change we saw in the 1960s. This is going to be what unites the country.”

North believes “95 percent or more of law enforcement personnel are good officers.” He also believes “a few intentionally or unnecessarily discriminate against African Americans and others of color.”

Since the death of Floyd and others who have died in police confrontations, North has not seen an increase in his office of complaints against police officers. “The difference now is people on the other side of the complaint (namely law enforcement) place credibility in the complaint,” he said.

People have called for action against racial injustice. It has resulted in historic monuments being removed, the Minneapolis police department disbanded and a push for further police reforms. The U.S. House of Representatives recently passed a police overhaul bill focused at ending racial discrimination and the excessive use of force, particularly chokeholds, as well as no-knock warrants. The bill also creates a national registry to document police misconduct and report data on use of chokeholds. Currently, the Senate has no plans to take up the bill.

Peter Dennis, Esq., a criminal defense attorney in Fort Myers, participated in a recent LCBA discussion on possible law enforcement and judicial system reforms. He believes it’s time to take the discussion to action steps.

“I really think the conversation has gotten a little too comfortable for us,” he said. “I am concerned about a lack of action. It’s time to start outlining concrete steps.”

One of his primary concerns is disportionate sentences for people of color compared to those of white people. He cited a 2016 Sarasota Herald-Tribune investigative story, which discovered judges were sentencing blacks to harsher penalties than whites, acknowledging that Florida lawmakers “have struggled for 30 years to create a more equitable system.” The Herald-Tribune spent a year reviewing millions of records and uncovered Florida judges were sending blacks to 68 percent more time than whites with identical points (lifetime criminal punishment scoresheet) for first-degree crimes. For burglary, it was 45 percent more and for battery cases, it was 30 percent. The investigation found Lee County judges were sentencing black defendants convicted of robbery to an additional 16 months on average compared with whites who scored the same points. The report also indicated, blacks make up one third of the Florida prison population but just 16 percent of the state’s population.

August 2020

I believe we are going to see change similar to the change we saw in the 1960s.

This is going to be what unites the country.

— Attorney Joe North

Dennis said he doesn’t know if the sentencing imbalance has improved, but he believes it’s time to find out. “I am not calling out judges, but we need to know where we are. I know it would be an enormous extra burden (to collect the data) … but we need to know where we are.”

He also wants law enforcement agencies to be more forthcoming and transparency about their policies and procedures. He wants them posted online. He said he spent a year trying to get the Fort Myers Police Department to post its policies and just last month, the department agreed to do so in a redacted form.

Law enforcement agencies in Lee County participate in a very thorough state and national accreditation process.

Barring chokeholds and other excessive use of force actions are among the hundreds of standards that must be met to achieve accreditation, according to Cape Coral Police Chief David Newlan.

Newlan says complaints against his officers using excessive use of force or other questionable tactics are at a 10-year low. He stresses, however, communication, interaction and education with residents must continue.

“It starts with transparency and accountability,” he said. “We have strict policies that we expect (officers) to follow. “

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I truly believe that helping just one person change their mind on how they view law enforcement makes a difference.

— Cape Coral Police Chief David Newlan

Newlan said the required use of body cameras worn by all his officers since 2015 have helped to educate his officers on correct procedures, as well as offer protections to them and the public.

At first, he said officers were skeptical about wearing them. “Now, they don’t want to leave without them,” Newlan said. “They are a great training tool.

They can look at themselves on how they conducted a call and tactical approaches that were used.”

Rich Montecalvo, chief assistant state attorney in the Office of the State Attorney for the Twentieth Judicial Circuit, agrees. “The use of body cameras is a great thing. It has helped us decipher what is going on at the scene in a split-second instance. They are great tools for us to review cases.”

Although massive reforms in law enforcement are not planned here, cities across the U.S. have instituted immediate changes in police procedures, creating further confusion for residents, law enforcement and the legal community on what is legal and what is not. For instance, in Washington, D.C. recently, the city council passed emergency legislation banning police from using neck restraints on suspects. It also banned the use of tear gas, pepper spray, stun guns and rubber bullets to break up protestors. In New York City, mayor Bill de Blasio is pushing for reforms and shifting money from police to other departments in the city budget.

Matt Roepstorff, president of the LCBA, wants to continue the dialogue with the community and legal professionals on

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how to move forward and encourage positive change. “We want to have an open space to express viewpoints and how certain people have been affected,” he said. Roepstorff also emphasized the importance of the Bar’s lawyer referral service, “where we field tons of calls every week” to make sure people have access to the resources they need and the appropriate legal advice.

Roepstorff also stressed the importance of representation within the legal community from all races. He knows minority hires within the legal community have been historically lacking. “We are making a strong effort to increase minority acceptance into law schools in the last 10 to 15 years,” he said. “This is a huge emphasis within the Lee Bar.” Balanced representation also continues in the Bar’s practice sections where Roepstorff wants more minorities in key advisory positions.

He also hopes police departments and their unions pay close attention to policies for police officer misconduct and make sure any punishment fits the incident.

“I think city police departments have a hard time imposing discipline on officers or straight out firing officers for misconduct,” he said. “Police chiefs have one arm tied behind their backs.

I don’t mean to disparage unions, but why is it so many times on videos you see police using excessive force, they are put on administrative leave and six months later they are reinstated?”

Newlan reiterates the importance of training, accountability and transparency within law enforcement agencies. The Cape Coral Police Department posts excessive use of force complaints on its website. He emphasizes his officers are trained to de escalate potential volatile situations, not by use of force, but through communication and education. He says there is initial training for new officers and continual training for experienced ones on communication skills and verbal persuasion. Mental health and crisis intervention training also is part of the curriculum.

Leebar.org

“I truly believe that helping just one person change their mind on how they view law enforcement makes a difference,” Newlan said. “If the public needs us, we are going to respond.”

Constant training and communication with law enforcement is part of the state attorney’s regular routines.

“We go through training, use of force matrix and internal policies,” Montecalvo said. He said the state attorney’s office does not regulate law enforcement policy but will get involved if there is possible criminal misconduct.

He reiterated that if anyone has a complaint about how they may have been treated by law enforcement, they are to make an initial report to the department’s internal affairs bureau.

Attracting minorities into law enforcement also is a priority for most departments. Cape Coral is paying the college tuition for those interested in a law enforcement career. North also believes a key to ending the disconnect between law enforcement and minority communities is more home-grown officers.

“We need to recruit police officers from our own community,” North said. “I think that will create better relationships with the community and police, resulting in less tension. I don’t think what is happening across the country prevents us from having good officers if it is something in terms of their career they would love to do.”

He also knows the disconnect heightens if leaders in the law enforcement community are not engaging with residents. He was disappointed recently when Fort Myers Police Chief Derrick Diggs and Lee County Sheriff Carmine Marceno first accepted an invitation to participate in a community symposium at Mount Herman Ministries on current events and later cancelled.

“That sent a horrible message to the community. Their photographs were even in the program; they didn’t send another representative,” North said.

“We needed to have current law enforcement there.”

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special feature

Honoring area's Super Lawyers, Rising Stars by tom hayden

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Leebar.org

T

he prestigious 2020 Florida Super Lawyers® and Rising Stars lists were recently published by Super Lawyers and Lee and Collier county attorneys earned recognition in the various practice areas. Laird A. Lile, a board-certified wills, trusts and estates attorney in Naples, was in exclusive company, having been selected to the Top 10 Florida Super Lawyers list for the third consecutive year. It is also the 10th consecutive year Lile is among the Top 100 Florida Super Lawyers.

Florida Super Lawyers, a Thomson Reuters business, recognizes the top attorneys in over 70 practice areas via a patented multiphase selection process involving peer nomination, independent research and peer evaluation. Up to 5 percent of attorneys in Florida are named to Florida Super Lawyers and no more than 2.5 percent are selected to the Rising Stars list.

The nomination, research and blue-ribbon review process for the Top 10 recognizes fewer than one-hundredth of one percent of Florida attorneys.

Lile is serving his eighth consecutive term on the Board of Governors for The Florida Bar. He is one of two governors elected by members to represent the 20th Judicial Circuit, which includes Collier, Lee, Charlotte, Hendry and Glades counties.

Appointed by the Florida Supreme Court to the Task Force on the Distribution of IOTA Funds, a second term on the Judicial Management Council and a third term on the Florida Courts Technology Commission, Lile is past chair of the Second District Court of Appeal Nominating Commission. He is a past chair of the Bar’s 10,800-member Real Property, Probate and Trust Law section, and a Fellow and past state chair in the American College of Trust and Estate Counsel. Lile was inducted into Florida Trend’s Legal Elite Hall of Fame in 2010.

Also named to the Top 100 list were Mike Corso, a stockholder with Henderson, Franklin, Starnes & Holt, P.A., in Fort Myers, George Knott of Knott Ebelini Hart in Fort Myers.

THE HONOREES A list of LCBA members selected to the Florida Super Lawyers and Rising Stars list follows. Attorneys are listed under their respective law firms.

August 2020

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Super Lawyers Aloia, Roland, Lubell & Morgan, PLLC ★ Frank J. Aloia, Jr., co-founder Evan D. Lubell, senior partner, personal injury

★

Jack C. Morgan, senior partner, commercial and liability litigation

★

Associates and Bruce L. Scheiner Dan Stengle, personal injury general: plaintiff

★

Bruce L. Scheiner, personal injury general: plaintiff

Brown Suarez Rios & Weinberg ★ Christopher Brown, criminal defense

★ Donald Thomson, ★ Beth Vogelsang,

family law

Burzynski Elder Law, Naples ★ Jill Burzynski, elder law

★ Guy Whitesman,

tax

Calvo & Calvo ★ Jose Luis Calvo, criminal defense

★ Scot

Beth A. Prather Beth Prather, elder law

Goldstein, Buckley, Cechman, Rice & Purtz ★ J. Jeffrey Rice, commercial law, construction law and real estate

Boy Agnew Potanovic John Agnew, state, local & municipal

★

Boyle, Leonard & Anderson ★ Mark Boyle, insurance coverage: appellate Britton G. Swank ★ Britton Goodlad Swank, elder law

Goldberg, personal injury general: plaintiff

★ John

B. Cechman, personal injury

★ Richard

L. Purtz, personal injury

GrayRobinson ★ Luis Rivera II, business litigation Grossman Law & Conflict Management ★ Keith Grossman, family law Hahn Loeser & Parks ★ Theodore Tripp Jr., business litigation Henderson, Franklin, Starnes & Holt, P.A. ★ Scott Atwood, employment & labor ★ Matthew

Belcastro, construction

litigation ★ Michael

Corso, professional liability

defense ★ Ronald

Eisenberg, estate & probate

★ Thomas ★ Eric

Gunderson, real estate

Gurgold, estate & probate

★ Gregory

Herman-Giddens, estate &

probate ★ Russell

Schropp, land use/zoning

★ Robert

Shearman, employment litigation defense ★ David

Sims, family law

★ Bruce

Stanley Sr., personal Injury/ medical malpractice defense ★ Douglas

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Jason L. Gunter ★ Jason Gunter, employment and labor law

Knott Ebelini Hart Garvin Law Firm ★ Jeffrey Garvin, personal injury general: ★ Aaron Haak, business litigation plaintiff Law Office of Spencer Cordell ★ Spencer Cordell, criminal defense Goldberg Noone Abraham

★

★

real estate

Szabo, business litigation Leebar.org

Linde Law Group ★ Matthew Linde, estate & trust litigation Norman Hand Brill ★ Norma Hand Brill, elder law Osterhout & McKinney ★ Lance McKinney, elder law Pavese Law Firm ★ Neale Montgomery, land use/zoning ★ Christopher

Shields, real estate

Roetzel & Andress ★ Beverly Grady, land use/zoning ★ Lori

Moore, real estate

Rubinstein, Holz & King ★ Rana Holz, family law Spivey Law Firm ★ Randall Spivey, personal injury general: plaintiff Sproat Workplace Investigations ★ Vicki Sproat, employment litigation: defense The Law Office of Marcy L. Shaw ★ Marcy Shaw, estate & trust litigation Wright Mediation ★ Denise Wheeler Wright, antitrust litigation Yeslow & Koeppel ★ Steven Koeppel, personal injury

Rising Stars Aloia Roland Lubell & Morgan ★ Danielle Levy Seitz, family law Banker Lopez Gassler ★ Jesse Gubernat, personal injury general: defense Boy Agnew Potanovic ★ Suzanne Boy, employment & labor Burandt Adamski Feichthaler & Sanchez ★ Robson Powers, civil litigation: plaintiff Family First Legal Group ★ Alexander Peterson, family law

Hampton Law, PLLC ★ Blake Hampton, elder law Henderson, Franklin, Starnes & Holt, P.A. ★ Kyle Dudek, civil rights ★ Jarred

Duke, business litigation

★ Michael

Lehnert, real estate

★ Shannon ★ Sara

Puopolo, business litigation

Qureshi, tax

★ Kayla

Richmond, family law

John Webb Legal ★ John Webb, business litigation Light Path Law ★ Kristie Scott, civil litigation: plaintiff

Garvin Law Group ★ Leland Garvin, personal injury general: plaintiff Mize & Fincher ★ Patrick Mize, estate planning and GrayRobinson probate ★ Matt Roepstorff, business/corporate Hahn, Loeser Parks ★ Joel Hyatt, business litigation

Spivey Law Firm ★ Andrew Abel, personal injury general: plaintiff

Pereira Law Firm ★ Tiffany Pereira, business/corporate

August 2020

Also contributing to this article were several LCBA law firms who submitted press releases about their attorneys who made the lists.

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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 Lsw, P.A. Aloia, Roland, Lubell & Morgan, PLLC. Arend & Sisk, P.A. Associates & Bruce L. Scheiner, P.A. Banker, Lopez & Gassler, P.A. Boy Agnew Potanovic, PLLC. Boyle & Leonard & Anderson, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC. Calvo & Calvo, Attorneys at Law Coleman & Coleman, PLC. Cole Scott & Kissane, P.A. - Fort Myers Florida Rural Legal Services, Inc. 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 Hollander & Hanukah, Attorneys at Law Henderson, Franklin, Starnes & Holt, P.A. John Webb Legal Group, P.L. 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. Linde Law Group Men's Rights Law Firm O'Halloran & O'Halloran, Attorneys at Law Osterhout & McKinney, P.A. Patrone, Kemp & Bentley, P.A. Pavese Law Firm Roetzel & Andress, L.P.A. Rubinstein & Holz Scarmozzino Law Firm, P.A. Sheldon E. Finman, P.A. Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Simmons Law Firm, P.A. Strayhorn and Person, P.L. The McQuaggue & King Law Firm The Spivey Law Firm, Personal Injury Attorneys, P.A. Viacava & Cantor Attorneys at Law Viles & Beckman, LLC

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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August 2020

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the dish

If you love lobster and choices, Mason’s Famous Lobster Rolls is the place for you

Lobster salad roll

Shrimp salad roll

BLT roll

by lauren baugh

I decided to also order the lobster mac n’ cheese, which I was delighted to learn was scratch made and not a frozen dish, which was heated. The cheese sauce was absolutely the most creamy and flavorful sauce I had tried. The amount of lobster in the dish was surprising to say the least.

I am pretty sure there was a whole lobster in it. The dish was topped with toasted bread crumbs, which added a nice texture to the delectable dish.

A

dmittedly, my daughter and I have not been able to go out to eat, because of COVID-19, so going downtown to Mason’s Famous Lobster Rolls was a real treat for me.

I headed down my favorite street in all of Fort Myers, McGregor Boulevard, and turned left onto West First Street, and got a front row parking spot on First Street right across from Mason’s. I strapped on my pink mask and walked into Mason’s and where I was greeted by the owners and their bright and cheery smiles.

I was immediately very excited to try Mason’s food and its amazing menu did not disappoint. I am a lover of all seafood, but especially those of the shellfish family. I decided to order a few different things to try, and with the generous portions, I had enough for three meals.

I knew I had to try the lobster roll. I had no idea I would have six to choose from. I chose the classic lobster roll. This came with a side and a pickle. I chose

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Bay harbor lobster roll

the fries that were fried to perfection.

The amount of lobster on this roll was beyond any expectation. There was the traditional bread, a little bit of butter and the flavor was amazing. Their menu goes far beyond just the lobster roll selection.

Mason’s has all things lobster and its menu is peppered with shrimp varieties as well.

Leebar.org

Lobster mac and cheese

This particular day was a rainy one, so I knew just what I needed,: a cup of piping hot, creamy, lobster-filled bisque.

Lobster bisque I could tell each ingredient in the bisque was fresh. I also decided I needed to try the shrimp salad. I was super surprised to see the shrimp were huge and plentiful. This was not your typical seafood salad drenched in mayonnaise. The shrimp were lightly dressed with mayonnaise, celery and a dusting of old bay, all atop a mix of spring mix, fresh tomato and cucumber. It was the perfect summer dish.

Is Your Law Firm Secure During The COVID-19 Pandemic?

That’s a critical question to answer as more and more personnel are working from home.

With all of these amazing dishes, you might need a little liquid refreshment as well. Mason’s has all the normal options, but it also has specialty bottled sodas. I chose the “Maine Root: Sarsaparilla.” It tasted like a combination of cream soda and root beer. It was beyond refreshing.

I highly recommend making the drive to downtown Fort Myers to give this place a try. You will not be disappointed in the least bit.

2122 First Street Fort Myers Open daily 11 am to 9 pm 239 208 7271 masonslobster.com/locations/fort-myers-fl

Lauren Baugh is the executive director of the Lee County Bar Association. She can be reached at LBaugh@leebar.org | 239.334.0047 Ext. 102.

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guest attorney

New safety measures to protect you while seeking access to justice by linda doggett

Lee County Clerk of Courts

S

ince the onset of the COVID-19 pandemic, the Lee County Clerk of Courts has been working closely with our judicial partners to ensure courthouses are safe for visitors and employees. To maintain access to justice and ensure the court system operates efficiently, it’s critical everyone feels safe while using clerk services.

conducting other court-related business is permitted in the building. Our office has also installed plexiglass shields and floor decals for distancing. Lobby chairs in customer service areas have been removed and hand sanitizer stations have been placed throughout the courthouse.

All court facilities are also sanitized frequently and deep cleaned daily.

We understand, for many of you, the Clerk’s office and courtrooms are just as much your workplace as they are ours. That’s why in June the Courts implemented new safety measures for anyone entering the courthouse. Like many public facilities, all employees and guests are now required to wear face masks or coverings, maintain six feet of distance from others and have their temperatures checked. Anyone with a temperature over 100.4 degrees is not permitted to enter the building. Everyone is also required to answer the standard screening questions. Further, if you have had a COVID-19 test, please bring your negative test results with you as part of the screening.

While these measures are designed to reduce your exposure to COVID-19, we highly encourage all attorneys and customers to continue using our online services at LeeClerk.org whenever possible. Through our website, customers can file court cases, make payments, search records, apply for a marriage license and more. These convenient services help you avoid long wait times at screening areas, especially when jurors return for trials.

To help customers comply with distancing requirements, only the customer filing case documents, paying traffic tickets or court fines or

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Once criminal jury trials resume, a maximum of 125 potential jurors will be summoned per day and up to eight criminal trials will be held weekly. Once checked in, jurors will be escorted to courtrooms in small groups by a bailiff.

Elevators are restricted to two people at a time, and each courtroom has maximum capacity. Courtroom seating is also marked to assist with required distancing.

Leebar.org

Civil jury trial pilot program While most civil trials have been suspended, a small group of jurors have been summoned to a site separate from the courthouse where they will take part in the voir dire juror selection process and those selected will participate in a virtual civil jury trial pilot program.

The innovative program will evaluate how to conduct civil jury trials remotely using Zoom. Various methods are being evaluated throughout the state to help the court determine what will work the best for everyone involved. Our Clerk’s office is honored to be one of a few Florida Clerks selected to participate in the program. Over the next several months, more information about this program will be announced.

As the pandemic evolves, you can expect the Lee Clerk’s office to continue providing you with convenient and safe services. Please visit LeeClerk.org for the latest updates on how COVID-19 is impacting court services.

Linda Doggett is the Lee County Clerk of Court and Comptroller. She was recently elected to a second, four-year term.

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member spotlight

Kristie Scott, Esq.

1. I met my husband at the DMV. When I was 21, I went to the DMV and ended up conversing with a man who I fell in love with. We’ve been married for 14 years and have two beautiful daughters.

2. I lived in Honolulu, Hawaii for four years. I lived on a military reservation in Hawaii from ages 9-13.

3. I was the first in my family to obtain a bachelor’s degree. Despite having over 50 first cousins, I was a first generation university student and first to attend law school.

4. I decided to go to law school after an old friend told me I “should do more with my life.” I think they are still right.

5. I am an adjunct at Florida Gulf Coast University. In addition to practicing law, I teach business law to juniors and seniors in the undergraduate program.

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in the news Linda Doggett will serve as Lee County Clerk & Comptroller for the next four years. She was re-elected unopposed to her third term. Among her achievements the first four years were launching a self-help center and partner with Legal Aid to provide free attorney consultations to help citizens navigate the courts. The statewide rollout of the TurboCourt for small claims, evictions, family and domestic violence court forums.

Providing virtual options for recording documents and Property Fraud Alert notifications that have helped uncover fraud schemes.

A project from the heart, created by the Law Offices of Dennis L. Webb, P.A., and called “Webb of Support” is giving $1,000 a month, to be divided among four families or individuals, to help them cope with the financial challenges brought on by COVID-19. The campaign started July 1, runs through the end of the year and will partner with local nonprofits to serve those in need.

Each of the recipients will be given $250 in gift cards from Publix and gas stations courtesy of the law firm, which annually supports many community projects. Each month, four new applicants will be chosen to receive the gift cards.

Attorney Charles Capps of the Pavese Law Firm has been appointed to the Condominium and Planned Development Law Certification Committee. This committee is comprised of board-certified condominium and planned development attorneys who are appointed by the Florida Bar to administer the screening and testing of candidates who are themselves pursuing board certification in condominium and planned development law. Capps joined Pavese Law Firm in 2008 and became a partner in 2013. He is not only Florida Bar Board Certified in Condominium and Planned Development Law, he is Board Certified in Real Estate Law. Capps is one of only 28 attorneys in the entire state of Florida to hold this dual distinction.

Samantha Encalada has joined the firm of Aloia, Roland, Lubell & Morgan, PLLC, as a new associated attorney.

“Our family law practice is growing, and we needed a talented attorney to support senior associate, Danielle Levy Seitz. Samantha is a go-getter with a passion for the legal field. In addition to family law, she will support our commercial and probate litigation teams,” said Frank Aloia, Jr., Aloia Roland senior partner.

Encalada was admitted to the Florida Bar in April 2020. She was conferred her Juris Doctor in December 2019 at Ave Maria School of Law. Henderson, Franklin, Starnes & Holt, P.A., is welcoming five law students to its firm, working as clerks in multiple practices. They are Taylor Bollt, Steven Gendreau, Corey Roberts, Nicholas Oliveri and Daniel Pietaro. As part of Henderson Franklin’s Summer Associate Program, they will attend live and virtual hearings, trials, depositions, mediations, arbitrations, and meetings with clients. They will also perform research, assist in the drafting of pleadings, discovery, and analyze various legal issues. Each summer associate is paired with a Henderson Franklin attorney mentor who assists the summer associate with the transition from a law student to a lawyer.

Cummings & Lockwood LLC seeks Trusts & Estates associate for its Bonita Springs office with a minimum of 4 years’ experience.

• • • • •

Estate Planning Probate and Trust Administration Estate, Gift and Fiduciary Income Tax LLM in Taxation or Estate Planning Preferred Florida Bar Required

See LCBA website classified advertisement for additional details or visit our website at www.cl-law.com.

Please send cover letter, resume and transcripts to oeldridge@cl-law.com. www.cl-law.com

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