Res Gestae - August 2022

Florida Bar looks to enhance professionalism and improve mentoring

The Florida Bar 2022 Super Lawyers and Rising Stars List

Mental Health Assistance for Attorneys

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • AUGUST 2022

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

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table of contents on the cover

20

ad directory

Florida Bar Looks to Enhance Professionalism and Improve Mentoring Keith Grossman, Esq.

special features

24

Mental Health Assistance for Attorneys ON PAGE 20 Keith Grossman, Esq.

departments 6 8

Letter from the President

23 Legal Lens

Letter from the Executive Director

26 Community Connection

Tiffany Pereira, Esq.

Lauren Baugh

Professionalism and Diversity and Inclusion Seminar Featuring Hon. Kathy Smith Iman Zekri, Esq.

10 Calendar of Events

28 100 Club

12 Ethically Speaking

30 The Dish

Henry Lee Paul, Esq.

14 2022 Florida Super Lawyers and Rising Star Listing

16 Guest Attorney

How the New Sixth DCA Will Affect Lee County

Joseph Coleman, Esq.

18 Guest Attorney

Seat Belts Saves Lives

P.J. Scheiner, Esq.

The Standard

Lauren Baugh

32 New Members 34 5 Things You Don't Know About Me (member) Joseph Abreu, Esq.

36 5 Things You Don't Know About Me (sponsor) Carleen Murone

Agoston Law Group AIM Target Programs, INC Aloia, Roland, Lubell & Morgan, PLLC Bounds Law Group Boy Agnew Potanovic Miller Brazzeal Mediation Business Observer Calvo & Calvo Attorneys at Law Christina Mehta, LLC Realtor CONRIC pr + marketing Dal Lago Law DeMine Immigration Law Firm Donna Tisch Edison National Bank Ft. Myers Court Reporting/Accurate Serve (Merging) Frank Piazza, P.A. Gulf Coast Bank Law Firm of Scott T. Moorey Law Offices of Dennis L. Webb LCBA - Downtown Dash LCBA - Baseball Night LCBA - Referrals LCBA - Gala Linde Law Group Lindsay Scott Garza McHale, P.A. Men's Rights Law Firm Musca Law Office, Inc. Ringsmuth, Day & O'Halloran 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

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LeeBar.org

37 28 IBC 33 17 34 37 19 19 15 35 11 27 BC 9 23 IFC 25 27 11 11 29 29 17 13 32 35 3 7 22 36 29 37 5 19 33

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president's letter Greetings from St. Petersburg! I am here enjoying the Florida Bar Voluntary Bar Leaders Conference with Executive Director, Lauren Baugh, and YLD Vice President, Travis Russell. We spent the day hearing from a diverse group of speakers on topics such as recruiting and sustaining board members, leadership training and transitions, budgets and financial planning, membership models, technology and CLE programs, navigating bar politics and more. I am excited for our next LCBA board meeting, so we can discuss how to integrate new programming and ideas into our bar.

LEE COUNTY BAR ASSOCIATION administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

executive council

The Attorney Wellness Initiative in Collier expands upon these offerings and is open to all attorneys, regardless of whether they are members. Additionally, they have a peer-to-peer network of voluntary attorneys who have attended trainings and taken an oath, committing them to volunteering to help their peers navigate through tough times in a confidential manner.

This is just a little bit of information about what we are up to, so I hope to see you August 19 at noon at The Edison to learn more!

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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

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.

As summer comes to an end, it seems like everything happens at once: the kids are back to school, it’s Labor Day, Halloween is here, then Thanksgiving and Christmas all happen at once and the year is over. As I briefly mentioned last month, we have been working behind the scenes on a new Attorney Wellness Initiative, something the Collier County Bar Association has launched and seen great success and benefit from. I am hoping you can join us for our August luncheon where we will discuss the mental health crisis that is crippling our profession and many around us, as well as what we are going to do about it.

If you are not already aware, the Florida Bar has a Mental Health Helpline (833-FL1-WELL) that is a confidential and free service to members. Through this program, members are connected to professional counselors and can receive three free counseling sessions per year. The sessions are aimed at helping develop strategies to overcome life’s challenges, balance priorities, and better handle both personal and professional issues. The program also helps assist with other stressors such as finding long-term care facilities for family members in need, debt management, and financial counseling for budgeting and retirement planning.

PRESIDENT

Tiffany Pereira, Esq.

LeeBar.org

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executive director's letter August is one of my favorite months of the year. Why??

My Birthday!!

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

Other than that, I am happy to say we are prepping some amazing things here at the LCBA. Last month, I attended both the Florida Bar Annual Convention and the Florida Bar Voluntary Bar Leaders Conference, where I met great potential sponsors, vendors and members. I also learned new ways to engage

239.334.0047 ResGestae@LeeBar.org

staff PUBLISHER

Connie Ramos-Williams | 239.690.9840 Ext. 1001

EDITORS-IN-LAW

Tiffany Pereira, Esq. and Hon. Kathleen A. Smith

MANAGING EDITOR

you, the member.

Keith Grossman, Esq.

Speaking of “leadership”, would you like to take a more active role in the LCBA? We are accepting Member at Large nominations. If you are ready and willing to make the LCBA the best it can be, send us your nomination!

CREATIVE DIRECTOR

April Bordeaux | CONRIC pr + marketing

ADVERTISING ACCOUNT EXECUTIVE Ryan Gonzalez | advertising@conricpr.com

In June, I met with Tiffany Pereira and Chief Judge Michael McHugh. We spoke about “Mental Health”, and how the LCBA can do our part assisting our legal community with easy access to mental health care and services. While it will take some time, we are curating a program for our whole Lee County legal community to do just that! If you want to be a part of this, we are forming a committee to get this going. If you are interested, please email or call me, and I will get you the information.

FEATURE WRITER Keith Grossman, Esq.

CONTRIBUTING WRITERS Tiffany Pereira, Esq. Lauren Baugh Henry Lee Paul, Esq. Joseph Coleman, Esq. P.J. Scheiner, Esq. Iman Zekri, Esq. Carleen Murone Joseph Abreu, Esq.

We are hosting a panel of various professionals, who will discuss mental healthcare and ways we can improve our mental health. This will be our August membership luncheon and will take place on August 19 at The Edison. For more information, please see the full listing on our website.

On August 25, we will have our 2 Annual Baseball with The Bar. Thanks to Spencer Cordell and his firm for sponsoring and lending us his suite at the Mighty Mussels game. Come on out and bring the family! We had such a great time last year, we decided to bring this event back. Tickets are $20 and include food, ticket and fun. It’s Thirsty Thursday at the stadium, so beer is only $1 or $2!

CONTRIBUTING PHOTOGRAPHER Jim Jett Photography

nd

On the theme of health and wellness, we are hosting our 3rd Annual Downtown Dash in Downtown Fort Myers on September 16. We continue to seek sponsors for this event. This is a 1-mile race in Downtown Fort Myers, and it is a blast, as well as family and pet-friendly. Check out the full event listing on our website.

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.

For information on all upcoming events and all things LCBA, check out our weekly newsletter “News You Can Use”!

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

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We are excited to announce that Accurate Reporters and Fort Myers Court Reporting are joining forces!

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

11

LCBA ADR Section and YLD Lunch and CLE

Noon – 1 p.m.

Topic: Mediation vs. Litigation Speakers: Katherine Camadeco, Esq. and Anne Dalton, Esq. Location: Lee County Public Works Building-1st Floor Meeting Room Register: LeeBar.org Free

19

LCBA Membership Meeting and CLE

11:45 a.m. - 1 p.m.

Topic: Mental Health Speakers: Chief Judge Michael McHugh, Dr. Steven Cohen, The Center for Psychology, Dr. Scott Weinstein, FLA, and Lisa Terwilliger, ED CCBA Location: The Edison Restaurant Sponsored By: Imagine Wellness Spa Register: LeeBar.org LCBA Members: FREE, NON LCBA Members: $25

19

LCBA RPPTL Virtual Meeting

Noon - 1 p.m.

LCBA RPPTL Virtual Meeting Topic: Real Estate Speaker: Adam Bleggi, Esq. Location: Microsoft Teams Register: LeeBar.org Free

25

LCBA Baseball Night

6 – 9 p.m.

Location: Mighty Mussels Stadium Sponsored By: Law Office of Spencer Cordell Register: LeeBar.org $20/Ticket (includes dinner!)

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

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LeeBar.org

August 2022

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11

ethically speaking

The Florida Bar explains application of standards of professionalism amid due process concerns

by henry lee paul, esq.

I

n a highly unusual procedure involving a judicial referral, The Florida Bar Board of Governors expanded the application of the Standards of Professionalism, as identified in In re Code For Resolving Professionalism Complaints, 174 So. 3d 995 (Fla. 2015) (Fla. 2013). The Standards are identified as 1) the Oath of Admission to The Florida Bar; 2) The Florida Bar Creed of Professionalism; 3) The Florida Bar Professionalism Expectations; 4) The Rules Regulating The Florida Bar; and 5) the decisions of the Florida Supreme Court.

Although a former director of the Legal Division of The Florida Bar once stated the Professionalism Expectations would not be charged in a disciplinary case, The Florida Bar cited them in a complaint alleging unprofessional conduct in The Florida Bar v. Regan, SC20-1693. The Florida Bar charged Respondent with violating the creed of Professionalism and Professional Expectations 5.1, 5.2, 5.3 (Decorum and Courtesy), along with Rules 4-8.4(d), 4-8.4(a) and 3-4.2.

However, the unusual procedure in charging this Respondent implicated serious due process concerns under In re Ruffalo, 390 U.S. 544 (1968). In Respondent’s case, the Grievance Committee made a recommendation

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of no probable cause, without notice to Respondent. The Board of Governors subsequently considered the matter and found probable cause for violation of the charged rules and standards, again without advance notice to Respondent.

This resulted in Respondent being charged in a formal complaint before the Supreme Court without first having an opportunity to know or contest the specific charges.

The case became more procedurally bizarre when the Supreme Court, on its own initiative, rejected the Referee’s recommendation of diversion pursuant to consent judgment. The Court sent the case back to the Referee giving Respondent the choice to either enter a consent judgment for a public reprimand or to proceed to trial. Respondent chose trial. The Bar took the position before the Referee that the Supreme Court, without a hearing of any type, had already made a definitive finding of guilt. The Referee rejected the Bar’s argument and made a recommendation of not guilty along with diversion. The Florida Bar appealed.

Respondent argued that In re Ruffalo requires adequate notice of the charges and the right to respond to the charges.

It was argued that these rights were not provided to Respondent and that LeeBar.org

they should not have been disregarded by the Board of Governors. In this case, Respondent was not given advance notice of the consideration of his case

by The Board of Governors. He was not informed of the rules or standards to be considered and he had no opportunity to present a defense before the finding of probable cause.

Although the Court ultimately upheld the not guilty recommendation made by the Referee, it did not address the due process concerns raised by Respondent.

This case was prosecuted before the judicial referral Rule 3-7.18 was adopted.

However, the procedure used was based on an “informal” policy consistent with the later adopted rule. The same lack of notice may be encountered for those lawyers who receive a judicial referral in the future.

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.

VOTE AUGUST 23RD!

My experiences as an attorney, along with my reverence for the Constitution, have prepared me to be a fair and impartial judge that will always ensure your constitutional rights are protected, and our laws are applied fairly.

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August 2022 CONTRIBUTIONS TO THE CAMPAIGN ARE BEING SOLICITED

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2022 florida super lawyers and rising stars

Congratulations to this year's honorees

Super Lawyers® is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations. The following Lee County Bar Association members have been selected to the 2022 Florida Super Lawyers or the 2022 Florida Rising Star lists. alternative dispute resolution

civil litigation: plaintiff

Robin Doyle Doyle Conflict Resolution

Chene M. Thompson Pavese Law Firm

bankruptcy: business

Robson Powers Burandt Adamski Feichthaler & Sanchez

Mike Dal Lago Dal Lago Law bankruptcy: consumer

Adrian R. Lynn Lynn Law Group business litigation

Paul A. Giordano Roetzel & Andres George H. Knott Knott Ebelini Hart Rachel S. Loukonen Cheffy Passidomo

construction litigation

Craig R. Hersch Sheppard Law Firm

George W. Gift, III Knott Ebelini Hart criminal defense

Christopher H. Brown Brown, Suarez, Rios & Weinberg Daniel Garza Wilbur Smith elderlaw

Kelley Geraghty Price Dentons, Cohen & Grigsby

Amy McGarry Amy McGarry Law Office

Luis E. Rivera, II GrayRobinson

Lance M. McKinney Osterhout & McKinney

Douglas B. Szabo Henderonson, Franklin, Starnes & Holt, P.A.

Beth A. Prather Green Schoenfeld & Kyle

Theodore L. Tripp, Jr. Hahn Loeser & Parks

employment & labor

Jarred D. Duke Davies Duke Joel W. Hyatt Hahn Loeser & Parks business: corporate

Tiffany Pereira The Pereira Law Firm Matthew Roepstorff GrayRobinson

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Mary Beth Crawford Cummings & Lockwood Travis Hayes Grant Fridkin Pearson

Britton Goodlad Swank Britton G. Swank

Joseph Coleman Pavese Law Firm

estate planning & probate

Kristie A. Scott Light Path Law

Jack Clyde Morgan, III Aloia, Roland, Lubell & Morgan

John C. Webb John Webb Legal

Marcy L. Shaw The Law Office of Marcy L. Shaw

Suzanne M. Boy Boy Agnew Potanovic Miller John F. Potanovic, Jr. Boy Agnew Potanovic Miller Christina H. Schwinn Pavese Law Firm Vicki L. Sproat Boy Agnew Potanovic Miller employment litigation: defense

Robert C. Shearman Henderson, Franklin, Starnes & Holt, P.A. estate & trustlitigation

Matthew A. Linde Linde Law Group

LeeBar.org

William N. Horowitz Cummings & Lockwood Laird A. Lile Laid A. Lile Blake Hampton Hampton Law Alvaro C. Sanchez Burant Adamski Feichthaler & Sanchez family law

Sheldon E. Finman Sheldon E. Finman Keith S. Grossman Grossman Law & Conflict Management Rana Holz Rubinstein & Holz Alan J. Rubinstein Rubinstein & Holz Stephen D. Thompson Thompson Family Law Danielle Levy Seitz Aloia Roland Lubell & Morgan Kayla Richmond Henderson, Franklin, Starnes & Holt, P.A. general litigation

Louis D. D’Agostino Cheffy Passidomo insurance coverage

Mark A. Boyle Boyle Leonard & Anderson Alexander L. Brockmeyer Boyle Leonard & Anderson

land use/zoning

Evan D. Lubell Aloia, Roland, Lubell & Morgan

Charles B. Capps Pavese Law Firm

Ty G. Roland Aloia, Roland, Lubell & Morgan

Sean M. Ellis Roetzel & Andress

PJ Scheiner Associates & Bruce L. Scheiner

Thomas H. Gunderson Henderson, Franklin, Starnes & Holt, P.A.

Randall L. Spivey Spivey Law Firm

Charles G. Mann Pavese Law Firm

Dan R. Stengle Associates & Bruce L. Scheiner

Lori L. Moore Roetzel & Andress

Andrew Abel Spivey Law Firm

Michael D. Randolph GrayRobinson

Madison Tanner Henderson, Franklin, Starnes & Holt, P.A.

Sheba R. Abraham Goldberg Noone Abraham

Christopher J. Sheilds Pavese Law Firm

personal injury general plaintiff

professional liabilitiy: defense

G. Donald Thomson Henderson, Franklin, Starnes & Holt, P.A.

Beverly Grady Roetzel & Andress Steven C. Hartsell Pavese Law Firm Neale Montgomery Pavese Law Firm Russel P. Schropp Henderson, Franklin, Starnes & Holt, P.A. personal injury general: defense

Steven G. Koeppel Yeslow & Koeppel

Michael J. Corso Henderson, Franklin, Starnes & Holt, P.A.

Carlos J. Cavenago, III Parvey & Cavenago John B. Cechman Goldstein, Buckley, Cechman, Rice & Purtz Jeffrey R. Garvin Garvin Injury Law

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Ashley L. Suarez Roetzel & Andress

Franklyn J. Aloia, Jr. Aloia, Roland, Lubell & Morgan Amanda K. Barritt Henderson, Franklin, Starnes & Holt, P.A.

Leland E. Garvin Garvin Injury Law

BRANDING

real estate

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Michael P. Lehnert Pavese Law Firm

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John D. Agnew Boy Agnew Potanovic Miller

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guest attorney

How the new sixth DCA will affect Lee County by joseph coleman, esq.

L

ee County appellate cases will soon have a new home. On June 2, 2022, Florida Governor Ron Desantis signed a bill which created a new Sixth District Court of Appeal, effective January 1, 2023. As part of the new appellate landscape, the 20th Judicial Circuit becomes part of the newly created 6th DCA. The 6th DCA is comprised of the: •

20th circuit Charlotte, Collier, Glades, Hendry, and Lee Counties

•

9th circuit Osceola and Orange Counties

•

10th circuit Hardee, Highlands, and Polk Counties

The 20th and the 10th Circuits are currently part of the 2nd DCA, but the 9th Circuit is currently part of the 5th DCA. So, if the 20th Judicial Circuit will soon be in the 6th DCA, which court’s previous rulings must the trial courts in the 20th Judicial Circuit follow - the old 2nd DCA decisions or the old 5th DCA decisions?

There is no easy answer, especially when the two conflict. There are nine judges who will sit on the newly created 6th DCA. Three of those

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judgeships are currently vacant, but of the 6 named judges currently appointed to the new 6th DCA, five of them are from the old 5th DCA, and only one of them is from the old 2nd DCA, Judge John Stargel.

Importantly, the Florida Bar is currently accepting applications from attorneys to sit on the Judicial Nominating Commission for the newly created Sixth District Court of Appeal. The Florida Bar will choose a slate of attorneys from the applications, which the Florida Bar will ultimately submit to the governor for his consideration.

Until practitioners receive guidance from either the Florida Supreme Court, or ultimately the newly created 6th DCA, expect trial lawyers to make the following arguments: • • • •

the old 2nd DCA decisions should be followed the old 5th DCA decisions should be followed both should be followed neither should be followed.

Now, more than ever, it is important to choose an attorney who understands the law, the changing judicial landscape, and how to advocate effectively and persuasively.

LeeBar.org

First DCA Second DCA Third DCA

Fourth DCA Fifth DCA Sixth DCA

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guest attorney

Seat Belts Save Lives

by p.j. scheiner, esq.

W

e can all remember the sermonizing refrain of our parents after loading into the back seat of the family vehicle: “buckle your seatbelt or we’re not going anywhere.” As it turns out, like usual, mom and dad were right. Over the decades, seatbelts have saved hundreds of thousands of lives. In 2019, nearly half of all passenger vehicle occupant fatalities involved unbelted individuals.

Florida law requires drivers to use seat belts for all front seat passengers and all children under 18 years old anywhere in the vehicle. According to the Florida Department of Highway Safety and Motor Vehicles, children who are five years old or younger must be secured properly in a crash-tested, federally approved child restraint device. Children three years old and younger must be in child restraint devices of a separate carrier or a vehicle manufacturer’s integrated child seat.

Children four and five need a booster seat. And since front seat airbags can be dangerous to children when deployed, children should be in rear seats until at least 12 years old.

Today, seat belt usage by back seat adult passengers is not required by law.

Although it isn’t required, it doesn’t mean it isn’t important. Wearing a seat belt in the back seat not only saves lives, it

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also protects against life-altering brain, spine, and orthopedic injuries. In 2019, according to the Insurance Institute for Highway Safety, 78% of rear-seat occupants used seat belts compared to 91% who used front seat safety restraints.

Forty-nine percent of passenger vehicle drivers and 53% of front seat passengers were killed in 2019 while using belts. Only 29% of fatally injured back seat occupants who were 13 years or older were using seat belts.

For those who might suggest that airbags obviate the need for seat-belt usage, not using a seat belt and relying on airbags can be a catastrophic mistake. When deployed, airbags are designed to work with seat belts, not against free-floating occupants. If you are not wearing your seatbelt, the force and impact of being thrown unrestrained into an airbag can result in serious injuries or even death – saying nothing of the catastrophic ending that all too commonly accompanies ejection from the vehicle.

Even as vehicle and roadway safety has advanced by leaps and bounds over the decades since the introduction of seatbelts, their importance as an injury reduction tool has not changed one bit.

No matter how big or small the accident — or impact of the crash — wearing a seat belt saves lives and prevents injuries.

LeeBar.org

Moreover, as drivers, we are responsible for the safe transit of our passengers.

Buckling up is not just an individual responsibility of the driver, it is imperative for every occupant of the vehicle. The law requires that a driver ensure that all minor passengers in the vehicle are properly seated and belted.

Far too many vehicle accident injuries and deaths could have been prevented if a seat belt was worn. No matter how short the trip – even a quick drive to a neighbor’s house in the same community can result in a crash that causes lifelong injuries and disability -we must all remember to buckle the belt… the next life saved just might be yours or a loved one.

As a Board Certified Civil Trial attorney at Associates and Bruce L. Scheiner, Attorneys for the Injured, P.J. Scheiner has dedicated his career to helping people who have been injured, maimed, or killed by the negligence of others. Inspired by the rich American tradition of using the judicial branch of government to forge a better, safer, and more just society, Mr. Scheiner believes that every case has the potential to affect structural change to make our communities and our society safer for ourselves and our children.

Your

a d i r o l F t s e w h t u o S Realtor

®

Christina Mehta, GRI, RSPS

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Affiliate Member of the Lee County Bar Association

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August 2022

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Florida Bar looks to enhance professionalism and improve mentoring by keith grossman, esq.

I

t’s understood lawyers are supposed to zealously represent their clients.

Although The Florida Bar Rules do not use the word “zealous”, the Preamble to Chapter 4 of the Bar Rules states, in part, as follows: “As a representative of clients, a lawyer performs various functions. As an adviser, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As an advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system.

As a negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others… A lawyer’s responsibilities as a representative of clients, an officer of the legal system, and a public citizen are usually harmonious. Zealous advocacy is not inconsistent with justice (emphasis supplied).”

Many attorneys would identify civility as the key element of professionalism in the practice of law. The Oath of Admission to the Florida Bar also includes references to respectful behavior. These references include: “I will maintain the respect due to courts of justice and judicial officers” “To opposing parties and their counsel, I pledge fairness, integrity,

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and civility, not only in court, but also in all written and oral communications” “I will abstain from all offensive personality” There’s a concern that the practice of law has devolved into a contest of rude, belligerent and disrespectful behavior rather than intellectual arguments, however. Some attorneys are practicing law by acting overly aggressive and focusing on winning at all costs. These lawyers don’t understand (or care) the way they act to the client, the court, and the opposing counsel sets the tone for the case. Their conduct is impeding the process or possible settlement.

These lawyers are making inflammatory remarks and making improper or disparaging comments to other lawyers. They are not being courteous to judicial assistants, clerks, and all court staff. Some lawyers are on the receiving end of unprofessional behavior, and without knowing what to do, they act unprofessionally in response.

The Florida Supreme Court has addressed zealous advocacy in multiple opinions and has found zealous conduct at times to violate the Florida Bar Rules. In fact, in a recent disciplinary case, The Florida Bar v. Schwartz, 334 So. 3d 298 (Fla. 2022), the Florida Supreme Court’s ruling included the following: “Finally, we reiterate that the requirement LeeBar.org

to provide zealous representation, as contemplated under our ethical rules … does not excuse engaging in misconduct, irrespective of one’s intent to benefit the client. As we have previously observed, ‘[w]e must never permit a cloak of purported zealous advocacy to conceal unethical behavior.’”

would be adopted, Florida would join at least 13 other states who have done the same.

Also in response to the concerns about professionalism, the Florida Bar created a 20-member Special Committee for the Review of Professionalism in Florida, which is co-chaired by now-President Gary Lesser and attorney Elizabeth Hunter. For the past year, the Committee has been developing a large-scope plan to improve professionalism. Lesser says the Committee’s proposals would improve “the way we teach professionalism.”

On May 20, 2022, the Florida Bar Board of Governors granted preliminary approval of the Committee’s plan. Michael Tanner, who was president of the Florida Bar at the time of the meeting, told the Board of Governors, “What we’re voting on here today is not a formal rule proposal. We are voting to simply allow us, informally, to send this to the Supreme Court, and gauge their response.”

Tanner told the Board of Governors, “Surveys show Bar members are increasingly concerned about declining levels of professionalism, and expect Bar leaders to act.”

The Special Committee for the Review of Professionalism in Florida is making many recommendations. One provision the plan includes is a proposed Supreme Court administrative order that would establish a revised and updated “Code for Resolving Professionalism Referrals.”

After the Supreme Court’s ruling, Real Property, Probate and Trust Law (RPPTL) Section committee chair, Andrew Sasso, asked his committee to consider a proposal removing the words “zeal”, “zealous” and “zealously” from any Florida Bar Rules and Commentary. The RPPTL Section could make that proposal to the Board of Governors, and if the proposed revisions

Lesser says the Florida Bar is working closely with the Florida Supreme Court on addressing professionalism. As to the committee’s recommendations, many have to be decided upon by the Court. Lesser says, “This Court has made professionalism a priority. We look forward to working with the Court on whatever

path they want to take.”

He expects to receive a response to the committee’s recommendations in the fall.

Lesser also points out that the Bar can do some things on its own. One committee recommendation is to require Bar members to complete additional professionalism credits every three-year CLE reporting cycle. If approved, a Florida Bar member’s overall continuing legal education credit requirement for a three-year cycle would increase from 33 to 35 hours. Lesser says one of the additional hours would be viewing a series of videos being produced by the Florida Bar. He says the production of videos is already moving forward.

Lesser also talks about improving local professionalism panels (LLPs). The panels have existed for many years, but Lesser says they all do their work differently. Under the plan, he says, the informal “peer-to-peer” mentoring process for addressing instances of unprofessional conduct would increase and be standardized. This informal process is separate from the formal grievance process for acts of misconduct.

Lesser explains the proposal “establishes [more uniform] local professionalism panels in each judicial circuit that will receive, screen, and act on complaints of unprofessional conduct; and address those complaints informally, if possible.” He says, “We can make the LPP process uniform, easier and confidential.”

Under the revised code, the work of the LPPs would be confidential, but they would be required to submit annual reports – including the number and type of cases – to The Florida Bar, but the reports would not include lawyer names. The proposed order states: “The LPPs are entities independent of The Florida Bar, established in each circuit for the purposes of informally resolving referrals or claimed unprofessional conduct by lawyers participating in that circuit, including appellate practice and transactional practice.”

It also says, “any person may initiate an unprofessional conduct referral against a member of The Florida Bar continued on next page

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>>>>

<<<< continued from previous page through the appropriate judicial circuit’s local professionalism panel”. Local professionalism panel members and staff would have “absolute immunity” from civil liability for their work associated with the panel.

Lesser also says the changes to the LPP process will also depend heavily on the local bars. He says, “Our success will definitely depend on how much we collaborate with local, voluntary bars throughout Florida.” Lesser continues, “There is a proposed new administrative order sent to the Supreme Court of Florida as an informational item that would make the LPP process uniform on a statewide basis.”

In addition to the focus on professionalism, the Board of Governors also agreed to create a “Special Committee on Mentoring New Lawyers” at the May 20th meeting. The plan is to provide mentors to attorneys who have three years or less experience and are

working at law firms with three attorneys or less. The mentee will be able to receive help from a mentor on everything from specific practice advice, professionalism counsel, and career guidance.

Lesser believes this mentoring program can be a national model for other states to follow. He says the program is more than just making connections. Lesser has participated in voluntary mentoring programs, and he also credits his success as a lawyer to having many mentors early in his career. He says, “We have to look at what makes mentorship programs work and what doesn’t. They don’t work if there’s no substance; no relationships. (The program) will include ethics, professionalism and how to get involved.”

Lesser highlights that the program will include a curriculum with regular 2-way communication between the mentor and mentee. He also says the mentor and mentee will have a defined period

850 Park Shore Drive | Trianon Centre, 3rd Floor | Naples, FL 34103

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LeeBar.org

of time for working together, with formal recognition at the end.

Lesser appointed two Florida Bar Young Lawyers Division former presidents, Zack Zuroweste and Katherine Hurst Miller, as co-chairs along with the other committee members. He describes it as a “good crosssection of the legal community.”

The committee held their first meeting, and Lesser says, “They’re already hard at work.” He also says he has received a lot of interest and enthusiasm from attorneys who want to participate as both mentors and mentees.

Lesser requested the mentoring program.

He told the board that mentoring programs are badly needed as a growing number of lawyers, under pressure to pay off student loans, launch practices fresh out of law school. Lesser believes mentoring programs are an important component of improving professionalism.

legal lens The Lee County Bar Association and Ita M. Neymotin, Regional Conflict Counsel of the Office of Criminal Conflict & Civil Regional Counsel, Second District Court of Appeal, sponsored a "Professionalism and 'Diversity and Inclusion' Seminar" on June 17, 2022 at the Crowne Plaza.

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3.

4.

Lauren Baugh, Katie Young, Dr. Peter Ndiang'ui, Frank Abernathy, Hon. Rex Dimmig, Henry Lee Paul, Ita Neymotin, President Gary Lesser, Kelly Fayer, Blake Hampton, Hon. Ed Brodsky, Tiffany Pereira, Holly Cosby The crowd that attended the Seminar Magistrate Kimberly Bocelli Mark Brewer, Edward Maciak, Hon. Josephine Gagliardi, Hon. Zachary Gill, Andrew Liverman

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Photos courtesy of Jim Jett Photography

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special feature

by keith grossman, esq.

T

he demanding hours and stressful work environments in the legal profession often have detrimental effects, including mental health issues along with substance abuse and addiction.

According to the Florida Bar Mental Health and Wellness Center: •

28% of attorneys report mild or higher depression symptoms;

•

23% of attorneys report mild or higher stress symptoms;

•

19% of attorneys report mild or higher anxiety symptoms; and

•

21-36% of attorneys qualify as problem drinkers.

Additionally, a 2020 study found, “Roughly half of practicing attorneys are

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experiencing symptoms of depression and anxiety, with approximately 30% of those falling in the mild range and nearly 20% falling in the moderate/severe range.”

A 2014 ABA tackled the topic of alcoholism in the legal profession and notes that “at least 25 percent of attorneys who face formal disciplinary charges from their state bar are identified as suffering from addiction or other mental illness,” and that substance abuse plays a role in “60 percent of all disciplinary cases … 60 percent of all malpractice claims and 85 percent of all trust fund violation cases.”

Furthermore, lawyers are among the top ten professions for highest suicide rate.

It is clear legal professionals struggle to

LeeBar.org

balance severe stress and self-care. The Florida Bar Mental Health and Wellness Center offers CLE videos, podcasts, meditations and self-assessments, studies and suggested readings. Of course, if you feel you need help with your mental health or substance abuse, you could contact your physician or call a crisis hotline. More specific for legal professionals, you could contact the Florida Lawyers Helpline at 833-351-9355 to connect with professional counselors or Florida Lawyers Assistance for programs and other services at 954-5669040. There are also support and recovery groups, such as the Lawyers Depression Project.

The Florida Bar has a Mental Health & Wellness committee, which works to destigmatize mental illness, recommend

best practices and remedies, and help bring more balance into members’ daily professional lives.

resources and support, it would have helped.

McHugh says, “We’ll mimic Collier’s program.”

McHugh says, “I was moved by that.”

The Lee County Bar Association also recognizes mental health as an essential area to provide resources and is taking steps to do just that. One thing LCBA is doing is hosting a program on mental health on August 19, 2022. Chief Judge Michael McHugh will be the moderator and confirmed speakers include Dr. Scott Weinstein with Florida Lawyers Assistance, Dr. Steven Cohen with The Center for Psychology and Lisa Terwilliger, Executive Director of the Collier County Bar Association.

McHugh also explains, “As Chief Judge, I hear a lot of things that clearly show mental health issues (exist in the legal profession). It’s clearly a stressful occupation.”

The CCBA program has a sponsorship format to fully pay for the service, so the LCBA will need to explore that avenue as well. Terwilliger says the CCBA formed a steering committee, which helped with obtaining sponsorship dollars.

She says the CCBA was able to initially raise $25,000. They now are planning fundraisers specific to funding the program.

Additionally, the LCBA is in the process of forming a mental health committee.

Much of this activity is a result of McHugh approaching the LCBA about starting a mental health counseling program as a benefit to its members. He proposes to model it after the Collier County Bar Association (CCBA) program, which began providing services January of this year.

McHugh says, “(The idea for the program) probably originated with me because of my familiarity with Collier’s program.”

McHugh attended a presentation to the CCBA members where the mother of deceased local attorney, Rebecca Vaccariello, spoke of her daughter’s mental state. Vaccariello’s mother said if Rebecca had a place to turn to for

The CCBA offers confidential, cost-free access to professional psychological services. The program provides up to 6 complimentary sessions with an independent, doctorate-level clinical psychologist per year. Participating psychologists bill the CCBA directly with de-identified data.

McHugh explains the CCBA program was initially spearheaded by Judges Christine Greider and Lauren Brodie. He says the program offers “someone for attorneys in need or in crisis to talk to.”

Terwilliger says, “This program has been very well received. More than we thought it would be from the onset.”

According to Terwilliger, the first month the program was available, one or two attorneys met with a psychologist. The most recent invoice the CCBA received shows there were 15 visits.

The CCBA also receives anonymous surveys, and Terwilliger says, “They’ve been very positive.”

Because the CCBA has already blazed a trail for providing this type of program,

August 2022

The CCBA also has recently started a peerto-peer network, which is a panel of local attorneys who are committed to trying to help their peers navigate rough patches in their professional or personal lives.

Members of the panel are available to talk through problems, discuss paths forward, make referrals, and provide support to their peers who are experiencing difficulties. Panel members have attended a training session developed and taught

by The David Lawrence Center.

Neither the CCBA program nor the future LCBA program are overseen by the court system; rather, they are provided by the local voluntary bar associations. The judiciary recognizes the importance of the programs, however, and strongly supports their availability and success.

McHugh says, “This is another place we can get (attorneys) to in order to get them help.”

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community connection

Leading With

Compassion:

Hon. Kathy Smith

An Interview With Hon. Kathy Smith

by iman zekri, esq.

W

hen you think of preeminent community leaders, Honorable Kathy Smith is one local trailblazer who immediately comes to mind. Having served as a Public Defender for 31 years, Smith has represented countless defendants who were charged with crimes such as panhandling, trespassing in a park after hours, and open container. “Such laws unfairly target the homeless population and tend to further hinder their ability to obtain gainful employment or otherwise qualify for benefits that could help lift them out of homelessness,” Smith explains. This is what inspired Smith to join the Board of Directors of the Lee County Homeless Coalition.

The Coalition’s mission is to advocate, educate, and promote awareness of obstacles facing homeless individuals in Lee County through community collaboration, planning, and implementing solutions. Smith shares, “The Homeless Coalition is a unique organization because we are focused on collaboration. We convene nonprofit agencies, governmental agencies, faith communities, and advocates that provide direct services which helps us identify the gaps and needs in our homeless system of care. We also have the unique opportunity to share each other’s success. We believe we work better together.”

Annually, the Coalition organizes a homeless census and provides the data to the U.S. Department of Housing and Urban Development which then uses the information to ensure local service

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providers target services to meet the specific needs of the homeless in our communities. This year, the count took place from January 26 to January 29, and more than 84 volunteers performed 342 surveys of individuals living on the streets, in the woods, and in cars. Smith proudly shares that the Coalition is making strides in raising awareness and extending assistance to individuals experiencing homelessness in Lee County.

In particular, the Coalition hosts an annual Homeless Service Day and Veterans Stand Down. This year, the event was held on January 29 in downtown Fort Myers, and 24 Coalition members provided services to approximately 150 individuals. “Services provided included haircuts, health care, immunization, clothing, blankets, food, and employment opportunities,” Smith says.

New this year, in partnership with the Clerk of Courts and the Lee County Tax Collector, the Coalition held a traffic court where the Honorable Josephine Gagliardi presided.

The focus was to bring court services to those experiencing homelessness and those who are veterans. Fifty-three attendees had the opportunity to have their driver’s license reinstated which helps secure sustainable employment and achieve self-sufficiency.

The biggest events planned for 2022 include the 17th Annual Benefit Dinner and Auction scheduled for October 7, 2022. The Homeless Challenge, which involves walking a mile (15 miles) in the shoes of a person experiencing

LeeBar.org

homelessness in Lee County, will be held on November 19, 2022, and the Candlelight Vigil which honors the lives of those who passed away in Lee County while homeless will be held on December 21, 2022.

Those wanting to contribute to the Coalition’s work can make monetary donations at www.leehomeless.org. The Coalition also accepts in-kind donations to create homeless outreach blessing bags.

Smith explains the Coalition updates the requests for in-kind donations based on the identified needs of the community through Coalition members.

Currently, the organization needs used cell phones as connectivity with a homeless outreach worker is pivotal to providing access to care and housing for a person experiencing homelessness.

Phones also allow family and friends to be in contact with their loved ones.

The Coalition also seeks volunteers throughout the year for its homeless census count, service day, Candlelight Vigil, and Benefit Dinner and Auction planning committee. “Together, we can create a world where homelessness is rare, brief, and one time,” Smith says.

Iman Zekri, Esq. is a family law attorney at Henderson, Franklin, Starnes & Holt, P.A. Iman is a native of Southwest Florida and received her B.A., from Florida Gulf Coast University and her J.D. from the University of Florida Levin College of Law. Iman also serves on The Florida Bar’s Student Education & Admissions to the Bar Committee.

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

Absolute Law, 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 Freidin & Inglis, P.A. Garvin Law Firm

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. Men's Rights Law Firm

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. Wilbur Smith, LLC Yeslow & Koeppel, P.A.

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

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the dish

The Standard offers something for everyone —

stellar food, trivia night and even drag queen bingo

by lauren baugh

I

have heard for years that The Standard is a restaurant not to sleep on, but I have not really had an opportunity to check it out. I had been there years ago for various meetings, but with a new menu, I thought it appropriate to give it a try again.

I had a meeting set up with our YLD President, Katherine Camadeco, and our Lee County Clerk of Courts Community Relations Manager, Yesenia Castro, to chat about our July CLE program. They chose The Standard, and I was elated. I knew this was my chance to give it another try, and write an article on it.

The three of us meet at the restaurant, and we have the friendliest server.

That is always a great start to any meal, especially a working meal!

Looking at the menu, I cannot help myself; I must have the fried pickles. If you read my Dish on Hooters, you know I am a connoisseur of fried pickles, and thus, I have an obligation to try them!

Although Yesenia and Katherine are both looking to eat healthier, I am not. The pickles come with ranch as a dipping sauce, which is a solid choice. I try them, and they are indeed delicious.

I look over the menu and recall that the Blackened Chicken Alfredo was given a 10/10, so it’s the clear choice for my entrée. Katherine and Yesenia continue on their health journey and both order salads. One is the steak salad, and the other is the southwest cobb salad.

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thing about working downtown; there is always a very good chance you are going to see a familiar face.

We chat about our future partnership and life while waiting for our food. We see many other local legal professionals come in and sit down. This is the cool LeeBar.org

Our lovely server comes bearing the gifts of our entrees. While the salads look great, the centerpiece of the table is my pasta dish, and WOW, it looks fantastic! I know before I even take a bite that I am going to feel as if a nap is needed right after I eat it. The portion sizes of each of our entrees is generous, so we could have shared, but none of us are willing to

sacrifice our lunch to each other.

When I say my blackened chicken alfredo dish is good, it is GOOD! The pasta is cooked to perfection; the chicken grilled and seasoned to perfection; the alfredo sauce, though, is noteworthy for sure. It is every bit of heaven in creamy and garlic form.

Downtown Fort Myers 1520 Broadway Fort Myers, FL 33901 (239) 219-6463

Their menu has a little bit of everything you would want for lunch, and their dinner options are stellar as well. The Standard is known for their trivia nights and drag queen bingo. I have not yet been to either, but I am intrigued by these options.

Page Field 5031 S. Cleveland Ave. Fort Myers, FL 33907 (239) 931-1240 Sabal Springs 3410 Clubview Dr. North Fort Myers, FL 33917 (239) 360-7274

The Standard started in downtown Fort Myers and has expanded to Page Field, as well as North Fort Myers. This does not surprise me considering their menu options and various community activities.

I highly recommend visiting one of their three locations.

Photos opposite page clockwise: fried pickles with ranch dressing, steak salad, southwest cobb salad, blackened chicken alfredo.

Photos this page left to right: local owner and operator Christopher Blauvelt, chicken salad sandwich, black bean quinoa burger, chicken and waffles, pizza with egg.

Lauren Baugh is the Executive Director at Lee County Bar Association and can be reached at lauren@leebar.org.

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new members Alex Baker, Esq.

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member spotlight

Joseph Abreu, Esq.

1. I joined the Lee County Clerk’s office in April 2021 as the Chief Communications Officer.

Previously, I did communications for 14 years for two other Clerk’s offices. Even though I don’t practice law, I joined the LCBA to ensure the Clerk’s office is accessible to attorneys.

2. I am among the few, rare Florida natives. I was born in the Miami area and have lived in Palm Beach, St. Lucie and Alachua counties most of my adult life. I recently moved to Fort Myers, which is the farthest west I have ever lived.

3.

I enjoy adventures. I have traveled to 32 states and territories, Canada, Mexico and other Caribbean countries. The sunset from the summit of Haleakala in Maui should be on your bucket list. I plan to cruise around Italy and Greece this summer, which will be my first time in Europe.

4.

I’ve been proficient in Adobe Illustrator, Photoshop and InDesign for over 15 years. Knowing how to present communications visually is key for any communicator. I design all the graphics and collateral materials for the Lee Clerk’s office.

5. I love to bake. I’m no Barefoot Contessa, but I can bake some killer cupcakes. I always love to try twists on common recipes to elevate them to new heights. Two of my most well-received cupcakes are cookie dough and s’mores.

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sponsor spotlight

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1. I am tenacious. In my 20s, I sold floor coverings. After visiting a competitor’s account, I suffered a flat tire. Fortunately, I was in front of a tire repair shop, and even though they didn’t speak English, I managed to get back on the road quickly. Much to my dismay, I had to empty the flooring samples from my trunk wearing a short, pleated skirt. They sat and watched me. I went back the next week and got my first order!

2. I am also an animal lover and have two sibling cats named Sanibel and Captiva. This is a continuation of my creative naming from the late 80s and early 90s. My cats then were Spuds and Mackenzie. Making it all even more funny, I named my second daughter Mackenzie, after the cat!

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THE BUSINESS OBSERVER OFFERS: • Electronic invoicing and E-filing capabilities • Professional staff to quickly assist you • Our multiple locations allows us to publish notices in 12 counties with one call • Qualified legal status • All print notices published by the Business Observer are automatically placed on BusinessObserverFL.com and FloridaPublicNotices.com at no additional cost To publish your legal notices, call Kristen: 941-906-9386, ext. 323 Email: kboothroyd@BusinessObserverFL.com

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August 2022

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in the news Pavese Law is pleased to announce that Erin Casey has joined the firm. Casey brings over 20 years of combined criminal and civil litigation experience. Casey practiced Criminal Defense for 13 years as an Assistant Public Defender advocating for clients charged with varying levels of crimes from misdemeanor offenses to punishable by life felonies. Prior to her practice in Criminal Defense, Ms. Casey practiced in the Tampa area in various Civil Litigation matters, such as Nursing Home Defense, Insurance Defense, and Administrative Law matters.

Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that Michael-Anthony Pica has joined the firm as an associate in the Business Litigation Department. He will assist clients involved in business and partnership disputes, breach of fiduciary duty, breach of contract, bankruptcy, alternative finance litigation, and other corporate litigation matters. Pica spent sixteen years as an Assistant State Attorney for the 20th Judicial Circuit and as an Assistant Statewide Prosecutor for the Attorney General’s Office.

Lusk, Drasites & Tolisano, P.A., is pleased to announce that Alex Baker has joined the firm as an associate in the Criminal Defense & Civil Litigation Departments. Baker will assist clients involved in civil litigation such as business disputes, landlord/tenant issues, family law matters as well as criminal defense. Prior to becoming an attorney, Mr. Baker worked as a Deputy Sheriff in the Detroit Metro Area. Baker was admitted into the Florida Bar in 2020 and is also licensed to practice law in the State of Michigan.

Ita M. Neymotin, Regional Counsel, Second District and The Office of Criminal Conflict & Civil Regional Counsel, Second District Court of Appeal Leadership Team were awarded the Governor’s Sterling Council Leadership Team Excellence Award for 10 years of dedication and leadership excellence. The award was presented at the 30th Annual Governor’s Sterling Award Banquet at the Gaylord Palms Orlando, on June 3. In addition to this award, Neymotin and her leadership team earned the 30th Anniversary Sterling Conference Team Showcase Greatest Customer Impact Award.

Henderson, Franklin, Starnes & Holt, P.A. is pleased to announce that The Florida Bar Board of Legal Specialization & Education has selected Michael Corso to receive the 2022 Justice Harry Lee Anstead Award for The Florida Bar Board Certified Lawyer of the Year. He received this award at The Florida Bar’s Annual Convention, Board Certified Lawyers’ Reception, which took place in June. Corso has also been selected by the Florida Engineering Society (FES) Calusa Chapter as its 2022 “Engineer of the Year.” Corso receive this honor at the FES Awards & Scholarships Banquet in June.

Joseph Coleman recently founded Coleman Litigation. Coleman Litigation is a commercial litigation law firm, specializing in business torts and disputes, real property litigation, appeals, and copyright and trademark registration and infringement actions. Coleman Litigation is a fully virtual law firm, able to service clients throughout Florida, including in Lee and Collier County. Coleman previously spent six years working at two of the most successful boutique civil litigation firms in Southwest Florida.

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LeeBar.org

Aloia new ad

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Proud Southwest Florida Chapter members August 2022

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P.O. Box 1387 Fort Myers, FL 33902-1387

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ENB ad awaiting proof and approval

Yesterday,

Here for You... and

Today Tomorrow.

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