Res Gestae - August 2019

AUGUST 2019

WE THE PEOPLE ...

LCBA brings Constitution to life in schools

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

CONTENTS AD DIRECTORY

features 22 LCBA goes to school

Constitution Day inspires the next generation

by Chuck Myron

28 Immigration

22

Program Grants

empower, inspire attorneys

by Chuck Myron

departments 6

Letter from the President

by John Webb, Esq.

8

Letter from the Editor-in-Law

by Tiffany Pereira, Esq.

10 Calendar of Events 12

Ethically Speaking

14

Practice Section

16

by Henry Lee Paul, Esq.

Family Law

by Magistrate Gilberto Perez & Kati Calvo, Esq.

34

36

5 Things You Don't Know About Me Honorable Robert Branning

5 Things You Don't Know About Me John Miller, Esq.

38 #KindLee Community Spotlight

SalusCare 40 New Members 42

In The News

YLD Spotlight

by Nicole Brunswick, Esq.

18 Attorney Guest Column

Bar Shopping

by Shanthy Balachanthiran

20 Legal Lens

LCBA Board & Brush Social

26 100 Club 30 The Dish

4

FK Your Diet

by Marisa Boysen, Esq. RES GESTAE

âš– August 2019

30

Boy, Agnew, Potanovic 27 Business Observer 11 Calvo & Calvo Attorneys at Law 15 CONRIC PR & Marketing 38 CopyLady IFC Copy IT 39 DeMine Immigration Law Firm 27 Denise Kennedy 13 Direct Impressions 41 Donna Tisch 39 Edison National Bank BC Fort Myers Court Reporting 9 Garvin Law Firm 35 Grant Fridkin Pearson, P.A 21 Greenwire Technology Solutions 9 Henderson, Franklin, Starnes & Holt, P.A. 29 Kelleher Firm 15 Law Firm of Scott T. Moorey 39 Law Offices of Dennis L. Webb 36 Leonard P. Reina 29 Leslea Ellis, LLC 21 Livingston Loeffler, P.A. 29 Markham Norton Mosteller Wright & Company PA 11 Markham Norton Mosteller Wright & Company PA 33 McHale, P.A. 41 Men's Rights Law Firm 35 Merit Court Reporting, Inc. 25 Morgan & Morgan IBC Musca Law Office, Inc. 3 Niehaus Business Services 13 REAS, Real Estate Advisory Services, LLC 13 Robins/Kaplan, LLP 21 Roetzel & Andress 34 Sexto Productions 40 Sheldon E. Finman, P.A. 37 Simon Harrison 11 Spivey Law Firm, P.A. 5 Sproat Workplace Investigations 17 Stockman Mediation 27 The Historic Dean Building 7 The North Law Firm, P.A. 17 Total QuickBooks Solutions 41 Veranda Restaurant 9 Von Ahn & Associates 37 William DeForest Thompson Jr., LLC 26 Wright Mediation 15

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August 2019 ⚖ RES GESTAE

5

LETTER FROM THE PRESIDENT Giving back is perhaps one of the most rewarding and fulfilling opportunities the LCBA has to highlight the dedication we as legal professionals have to our community. The LCBA holds and contributes to many events in an effort to increase public engagement with members of our community so that we may do our part in positively impacting those around us.

As part of this mission, our association, along with the School District of Lee County and many of our distinguished members, will be volunteering time to share our passion for law with local students in honor of Constitution Day on Tuesday, September 17. This is a unique opportunity that allows students to connect on a more personal level with attorneys and judges and helps them better understand our government and our Constitution. Hopefully, it will inspire some future legal professionals along the way. We are looking for interested attorneys and judges who wish to actively engage in rewarding opportunities and share their knowledge and expertise. If you would like to get involved with this event or a future volunteer opportunity, please contact the LCBA office to find out how.

In addition to Constitution Day festivities, we are also looking forward to another Health and Wellness event this month. Members like you will have the opportunity to take part in an Orangetheory Fitness session on Saturday, August 17 at 1 p.m. Please make sure to sign up on leebar.org as soon as possible if you are interested, as space is limited. Plus, don’t forget about the Downtown Dash mile run coming up on September 20.

The past few months have been incredible for the LCBA, and the events and accomplishments we have been able to achieve are a credit to our fantastic members and volunteers. If you have any questions about upcoming events or the LCBA in general, stop by the LCBA office or feel free to contact any of our Executive Council members.

John C. Webb, Esq. john@johnwebblegal.com | 239.313.7362

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LEE COUNTY BAR ASSOCIATION ADMINISTRATION Lawyer Referral Service Coordinator - Kheila Perez

EXECUTIVE COUNCIL PRESIDENT John Webb, Esq.

SECRETARY Tiffany Pereira, Esq.

VICE PRESIDENT Matt Roepstorff, Esq.

TREASURER Blake Hampton, Esq.

BOARD MEMBERS

Kathy Smith, Esq.

Peter Knize, Esq.

Spencer Cordell, Esq.

Michael-Anthony Pica, Esq.

PRESIDENT EMERITUS - Daniel J. Endrizal III, Esq. YLD PRESIDENT - Nicole Brunswick, Esq.

COMMITTEE CHAIRS

PRACTICE SECTION CHAIRS

BENCH-BAR GALA

ALTERNATIVE DISPUTE RESOLUTION

Danielle Butler, Esq. DIVERSITY AND INCLUSION

Ita Neymotin, Esq. and R. Noelle Branning, Esq. HEALTH AND WELLNESS

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

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

Amanda Bartley, Esq. and Kelly L. Fayer, Esq. LAW RELATED EDUCATION

Anne Dalton, Esq. and Bill Merchant, Esq. APPELLATE LAW

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

Leah Harwood, Esq. ELDER LAW

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

Magistrate Gilberto Perez and Kati Calvo, Esq.

T. Rankin Terry, Esq.

GENERAL CIVIL AND BUSINESS LITIGATION

LAW WEEK

George Knott, Esq. and Carlos Kelly, Esq.

Hon. John S. Carlin LCBA FOUNDATION CHARITY GOLF TOURNAMENT

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

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

Andrew Banyai, Esq., Blair DeMinico, Esq. and Shanthy Balachanthiran, Esq.

LAND USE AND GOVERNMENTAL LAW

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

Kenneth Kemp, Esq. and Jennifer Hammond, Esq. SOLO & SMALL FIRM

Conor Foley, Esq. and Victor Bermudez, Esq. TORT LITIGATION

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August 2019 ⚖ RES GESTAE

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LETTER FROM THE EDITOR Greetings from the Editor-in-Law! Can you believe we are over halfway through the year?

There are plenty of exciting things yet to come in 2019 for the LCBA and the Res Gestae.

I recently attended the Florida Bar Annual Convention in Boca Raton and the Voluntary Bar Leaders Conference in Tampa; both events left me with a sense of excitement and new ideas to bring back to Lee County. There are many facets of a voluntary bar organization that you may not know about.

For example, did you know that you can request CLEs or other continuing education programs that you’d like us to have in our library? If you are looking for pro bono opportunities, our Pro Bono Committee is doing great things this year with Lee County Legal Aid and Florida Rural Legal Services. Perhaps you just want to socialize … whatever it is you are looking for, the LCBA is here to help!

Please feel free to reach out to me or any of the other board members if you have an idea that you would like to see implemented in the LCBA. As a voluntary bar association, we are here to serve both our members and the community.

August means the end of summer and back to school for many of our families. We hope you had an excellent summer break and are excited for what the fall brings, starting with our First Annual Health and Wellness Luncheon in September. If you would like to share your family summer photos with us, please e-mail them to our creative director, April Bordeaux, at april@conricpr. com, and you could be featured in the Legal Lens section of next John Webb and Tiffany Pereira at the month’s issue!

Voluntary Bar Leaders Conference in Tampa.

Tiffany Pereira, Esq., Editor-in-Law tiffany@thepereiralawfirm.com | 239.332.1181

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SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

239.334.0047 resgestae@leebar.org

Staff PUBLISHER

Connie Ramos-Williams | 239.690.9840

EDITOR-IN-LAW

Tiffany Pereira, Esq.

MANAGING EDITOR Chuck Myron

CREATIVE DIRECTOR April Bordeaux

ADVERTISING DIRECTOR Linda Fiore | 239.690.9840

FEATURE WRITER Chuck Myron

CONTRIBUTING WRITERS John Webb, Esq. Tiffany Pereira, Esq. Henry Lee Paul, Esq. Magistrate Gilberto Perez Katie Calvo, Esq. Nicole R. Brunswick, Esq. Shanthy Balachanthiran, Esq. Marisa Boysen, Esq. Hon. Robert Branning John Miller, Esq.

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©2019 Lee County Bar Association Inc. All Rights Reserved.

No portion of the publication may be reproduced in part or in whole without prior written permission from the Lee County Bar Association.

To inquire about such permission, please contact the Lee County Bar Association at info@leebar.org.

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August 2019 ⚖ RES GESTAE

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CALENDAR OF EVENTS Dates of some practice section meetings have not been confirmed. Check leebar.org for details!

17

AUGUST

2

Orangetheory Fitness Class

1-2 p.m. Orangetheory Fitness, 8001

LCBA YLD Presents: Dani Drive, Fort Myers. Registration Lessons from Law is required at leebar.org. Free.

Firm Leaders: Best Practices for Professional and Personal Development LCBA Noon-1 p.m., Lee County Public Pro Bono Works, first floor conference room, Committee 1500 Monroe St., Fort Myers.

Meeting CLE included, and lunch will be provided. Free.

8 9

Criminal Law Practice Section Meeting

Noon-1 p.m., The Twisted Vine, 2214 Bay St.

Real Property, Probate and Trust Law Brown Bag Lunch Meeting

Noon-1 p.m. Lee County Justice Center, Courtroom TBA, 1700 Monroe St. The discussion will center on recent developments in planning for IRAs, insurance and employee benefits.

22

Noon, Green Cup Café, 1412 Dean St., No. 100.

29

Land Use and Governmental Law Practice Section Lunch Meeting Noon-1 p.m., Lee County Public Works, first floor conference room, 1500 Monroe St. Cost is $10.

30

Criminal Law Practice Section Meeting

10 a.m.-noon, Lee County Justice Center, Courtroom 5G, 1700 Monroe St. Terry Lenamon will present “Homicide and Complex Cases: Where to Start and Pitfalls to Avoid.”

Two CLE credits are included.

SEPTEMBER

5

“The Gender Agenda – Where are the Female Mediators?”

Noon-1 p.m., Lee County Justice Center, Courtroom 4O, 1700 Monroe St., Fort Myers. The CLE is a joint presentation by the Alternative Dispute Resolution Practice Section and the Lee County Association for Women Lawyers. Denise Wheeler Wright will conduct.

20

LCBA Health and Wellness Luncheon

Noon-1 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers.

Cost is $25 for LCBA members, $35 for non-members and free for judges. RSVP and register at leebar. org or call 239-334-0047.

20

Downtown Dash

6 p.m., downtown Fort Myers. The law-themed event is Southwest Florida's only timed 1-mile race/ run/jog/walk. Register at register. chronotrack.com/r/51765

Visit us online at leebar.org to see more calendar items. You can conveniently RSVP for upcoming events.

Would you like to submit an event? Email your event submission to resgestae@leebar.org

Thank You to our Annual Sponsors for 2019

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August 2019 ⚖ RES GESTAE

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ETHICALLY SPEAKING

BY HENRY LEE PAUL, ESQ.

The walls have ears: Offhand comment incites serious trouble

A

lawyer learned a hard lesson when his comments to opposing counsel during a recess were recorded on the CourtSmart audio system. Opposing counsel obtained the recording, and it was the primary evidence presented in an ethics complaint. William M. Laufer, who has been a member of the New Jersey Bar since 1974 and is also licensed in Florida, was recently sanctioned by the New Jersey Supreme Court with the equivalent of what, in Florida, is a public reprimand.

It is a lesson to lawyers to heed the warning signs in courtrooms that say everything is being recorded. A corollary lesson is not to make ill-conceived jokes in the presence of opposing counsel and their clients, or to let common sense be clouded by the heat of intense and highly contested litigation.

Laufer represented the wife in a case that was described by bar counsel as “a divorce case from hell.” The husband was on at least his fifth lawyer and was being accused of criminal conduct for illegally accessing the wife’s home security video system. The presiding judge decided to refer the case to the local prosecutor and took a recess to make the referral.

Laufer is a former law partner of the prosecutor. During the recess, in the presence of the husband, Laufer stated to opposing counsel that the prosecutor was “in my pocket,” “he does what I ask” and that, “I got him that job.”

Opposing counsel obtained the recording and at a hearing six months later submitted portions of a transcript of the recording to the court. A local newspaper obtained the transcript and printed excerpts. Prior to disclosure of the transcript at the hearing, Laufer informed the prosecutor of the incident and apologized. The prosecutor nonetheless

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characterized Laufer’s remarks as “reprehensible” and initiated an internal investigation that found the comments to be false. The prosecutor filed the bar complaint against Laufer.

It was undisputed that the remarks were false. Opposing counsel characterized the remarks as “tongue-in-cheek” and “sarcastic banter.” Counsel further described Laufer as wellliked and one of the better family law lawyers in the state.

Laufer testified that “in my 43 years of practice [if I could take back] something that I probably said that I shouldn’t have said, it would have been [what I said during the recorded exchange].” Laufer had no prior discipline and was recognized as having a good reputation and good character. He stated that the comments were an illconceived joke.

Laufer was found to have violated the equivalent of Rule 4-8.4(d) (Conduct Prejudicial to the Administration of Justice) and Rule 4-8.4(e) (Imply Ability to Improperly Influence a Government Official). He now faces reciprocal discipline in Florida.

Attorneys are well-advised to be especially well-behaved in the midst of highly contested litigation. Even remarks made in jest can result in discipline, especially if recorded by an all-hearing courtroom audio system. It is advisable to keep in mind the old saying, “The walls have ears.” ⚖

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August 2019 ⚖ RES GESTAE

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FAMILY LAW

BY MAGISTRATE GILBERTO PEREZ AND KATI SMITH CALVO, ESQ.

Florida Supreme Court creates framework for model family court

F

or decades, the Florida legislature and Florida Supreme Court have been committed to the creation of an efficient, accessible and uniform arena for Florida families and children involved in the court system. To that end, the Family Court Steering Committee (hereinafter “the Committee”) petitioned the Supreme Court to adopt recommendations aimed toward achieving these lofty goals in 1991, 1994 and 2001. In 2001, the Family Court Steering Committee outlined 12 recommendations of “the characteristics of a model family court including organization, policy, procedures, staffing, resources, and linkages to the community.” In re Report of Family Court Steering Committee, 794 So.2d 518 (Fla. 2001) (hereinafter Family Courts IV). This decision is highly recommended reading for those who labor in the family law arena as an important reminder of the breadth of why family law practitioners and judiciary must be cognizant of additional standards and considerations that do not apply to other areas of law.

In its decision, the Florida Supreme Court delineates elements “essential or fundamental to a model family court,” many of which the 20th Circuit has already implemented.

The Family Court division was established in 1992 in our circuit. (Administrative Order 2.12). This division addresses the types of cases the Committee identified as those that affect families and children. Our family court case management system is responsible for “[s]upervising, coordinating, directing, and overseeing the process and progress of a case.” The Family Court Services Self-Help Program is “[p]roviding intake, screening, and procedural guidance to self-represented litigants in family law cases.”

See Family Courts IV, 794 So.2d at 527. In our Unified Family Court, one judge is assigned to the family, dependency, delinquency and domestic violence matters of each family.

(Administrative Order 12.2). The committee recommended each circuit establish a family law advisory group comprised of “court staff, judges, members of the bar, social service providers, [and] local community leaders.” Lee County’s advisory group meets regularly to learn from each other and share information relevant to the functions of the Family Court division.

Although much progress has been made here in the 20th Circuit, there remain challenges to reaching the

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Florida Supreme Court’s goal of a true model family court. Dating back to 1991, the Supreme Court adopted recommendations for “guardians ad litem to represent dependent children and children in custody cases” and “home assessment services.” See Family Courts IV, 794 So.2d at 520. Our circuit only recently developed a Guardian Ad Litem Program in non-dependency family law matters affecting children. Additionally, there are minimal resources available for home or parenting assessments – at rates that are largely inaccessible to the families who would benefit most. The Supreme Court recognized that “necessary resources and proper funding” were required in order to reap all the benefits of model family court. Family Courts IV, 794 So.2d at 528.

The “ultimate goal remains to facilitate the resolution of disputes involving children and families in a fair, timely, effective and cost-efficient manner. . . . Our citizens deserve a court system with the necessary resources to protect our children and their families.” Family Courts IV, 794 So.2d at 536. ⚖

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August 2019 ⚖ RES GESTAE

15

YLD SPOTLIGHT

BY NICOLE R. BRUNSWICK, ESQ.

Holidays in July proves giving has no offseason

J

uly was an exciting month for the Lee YLD! Early in the month, we had our second happy hour and first trivia night of the year at Coastal Dayz Brewery. Then we quite literally wrapped up July with a wrapping party and our annual charity event, Holidays in July, on July 27 at Sky Zone Trampoline Park in Fort Myers.

We partner each year with the Children’s Network of Southwest Florida to put on this event, which allows us to provide local foster children with some holiday fun, delicious food, presents and a special visit from Santa Claus.

This year, we helped 63 foster children and handed out close to 200 presents! The children provided us with wish lists of items they wanted, and the Lee YLD gave each child three presents from their list.

Of course, none of this would be possible without the funding we received from The Florida Bar Young Lawyers Division and Lee YLD’s fundraising efforts. We also owe a very special thank-you to all of our volunteers who attended the event, shopped and wrapped the presents.

Your time and generosity is greatly appreciated!

Holidays in July is one of my favorite Lee YLD events, as it is a truly rewarding experience to see how happy and grateful the children are to receive some presents and have a couple of hours of fun. The event provides just a small glimpse of how the Children’s Network of Southwest Florida helps local children in need. The Children’s Network is a private, nonprofit organization that works to provide resources and a stable and secure environment to community children.

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Currently, the Children’s Network is responsible for helping over 2,500 abused and neglected children and also helps serve over 300 at-risk children. For more information about the Children’s Network, visit childnetswfl.org This month’s Lee YLD luncheon features a panel of law firm leaders in Southwest Florida and is open to young lawyers not only from Lee County but also Collier and Charlotte counties. YLD members will learn about different practice tips, branding and networking skills. The lunch meeting will be held on August 2 at noon at the Lee County Public Works Building, 1500 Monroe Street, Fort Myers. Those who attend will not only receive a complimentary lunch but also CLE credit. You will not want to miss this!

If you are interested in participating and would like to stay informed about future Lee YLD events, like and follow us on Facebook and Instagram, as we post event updates there in addition to our reminder email blasts to Lee YLD members.

If you would like to be added to our email list, please contact Eunice Gedeon at Eunice@leecountylegalaid.org. ⚖

Nicole R. Brunswick is an associate at the Simmons Law Firm, P.A. Nicole focuses her practice in family law. Nicole earned her Juris Doctor from Stetson University College of Law. In addition to serving as president of the Lee YLD, Nicole serves on the Association of Family Law Professionals Board of Directors and the Lee County Legal Aid Society Board of Directors.

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ATTORNEY GUEST COLUMN

BY SHANTHY BALACHANTHIRAN, ESQ.

BAR SHOPPING:

Finding the best deal on bar exam passage

T

he path to becoming a licensed attorney is shorter in some states than it is others, but not everyone looks for the quickest route.

To be fair, there are no true shortcuts — historically, the bar exam passage rates have slowly decreased, and the exam is feared by many law school graduates no matter where they are.

The total average passage rate in the country, based on recent statistics from the American Bar Association, was a mere 54 percent in 2018.

California has consistently maintained the lowest passage rate of all states for the past two years. In fact, only 31 percent of those who took the exam in California passed in February 2018, which is the lowest passage rate that California has seen in over 30 years.

Several other states have low passing rates that consistently hover in the 50s and 60s, including Arizona, Arkansas, Washington, Louisiana and Mississippi.

On the other end of the spectrum, Iowa, Montana and Utah had high passage rates of around 74% in February and July of 2018, according to American Bar Association statistics.

Iowa, Kansas, Montana, Nebraska, Oklahoma, South Dakota and Missouri have also seen high passage rates the past two years.

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Wisconsin law graduates to secure a license to practice law in the state without taking the bar exam. This opportunity is available to students who complete required Diploma Privilege courses and maintain a C or better average (Wisconsin Bar Regulations, 2019).

The discrepancy between bar passage rates may motivate some law students to attend a law school in a state where the pass rate is high. Or they may, perhaps, take the bar exam in a state with a high pass rate to get a feel for the exam and prepare for a more difficult exam in their favored state.

Some speculate that recent graduates will even bar shop or plan their law careers around where the exam is the easiest because of the fear of not passing in states with harder exams.

Still, the number of bar test takers in states with more difficult bar passage rates continues to rise, including in California and Florida.

Even Kim Kardashian now wants to be a California licensed attorney! The geographic appeal of these states, with beautiful weather and relaxing beaches, seems to exceed the relative difficulty of the exams.

In fact, over the past few years, the bar passage rates have decreased in almost every state. Sara Berman, director of programs for academic and bar success at the AccessLex Institute, asserts that while there are many reasons why bar pass rates

are declining, a single clear reason for the ongoing decline has yet to be identified. Berman’s organization started a bar exam research-grant program this year that includes collaboration with the Law School Survey of Student Engagement.

Among the groups conducting research for the program are the California Bar and the Institute for the Advancement of the American Legal System. Low passage rates are generally attributed to test takers’ lack of preparedness and ability to master rote memorization, both of which are essential to achieving success on the bar exam. (American Bar Association, 2018).

It’s worth wondering why there is a stark discrepancy between states’ bar passage rates, and about possible solutions to bridge the gap between various state bars. A solution may be the Uniform Bar Exam, or UBE, which 35 jurisdictions have adopted in recent years. The UBE is uniformly administered and scored, and thus it has become more and more enticing to prospective lawyers because it provides them with a portable score that can be transferred to seek admission in other UBE jurisdictions (American Bar Association, 2018).

The UBE is administered twice a year over the course of two days. Some UBE states require a pre-admission component or a post-admission component, while some have no such requirement (National Conference of Bar Examiners, 2019). Some jurisdictions that use the UBE may also require applicants to complete additional educational components or exams.

The UBE is made up of the Multistate Performance Test, the Multistate Essay Exam and the Multistate Bar Exam. All non-UBE states, except for Louisiana, also include the Multistate Bar Exam in

their tests. Otherwise, the bar exams in non-UBE states consist of state law materials tested through essays and multiple-choice questions. These tests can be more difficult than the UBE is, especially for those who attended law school in a different state.

The National Conference of Bar Examiners scores the Multistate Bar Exam, while individual jurisdictions grade the Multistate Essay Examination and MultiState Performance Test components. In UBE states, the Multistate Bar Exam is weighted 50%, the Multistate Essay Exam 30%, and the Multistate Performance Test 20%.

UBE total scores are reported on a 400-point scale. Jurisdictions set their own minimum passing scores for the UBE, ranging from 260, as is the case in Alabama, Minnesota, Missouri, New Mexico, and North Dakota, to 280, which is the number in Alaska (National Conference of Bar Examiners, 2019).

The UBE is still relatively new — Missouri was the first state to adopt it, in 2011. Considering the majority of jurisdictions now accept it, it’s fair to wonder whether Florida will soon follow suit. No movement toward that end is close to bearing fruit, but the Florida Board of Bar Examiners did, late in 2017, begin accepting Multistate Bar Exam scores transferred from other jurisdictions. So, never say never. ⚖

LCBA Pro Bono Committee Co-Chair Shanthy Balachanthiran is a tax attorney and director of the Low Income Taxpayer Clinic at Florida Rural Legal Services. She is admitted to practice law in Florida, California, U.S. Tax Court, and the Middle and Southern federal court districts in Florida.

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LEGAL LENS LCBA BOARD & BRUCH SOCIAL

Artistry was in the air as LCBA members created homespun masterpieces during the first-ever Board and Brush Social on June 22 at the Board and Brush studio in south Fort Myers. Participants enjoyed mimosas, muffins and fruit while receiving guidance to create beautiful wooden signs, all thanks to Sanibel Captiva Trust Company, which sponsored the event.

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3

1. John Webb, Jarred Duke, Jamie Ross, Travis Russell, Tiffany Pereira, Beth Goerke, Peter Knize, Denise Wheeler Wright, Kathy Smith, Carrie Kane 2. LCBA members getting in touch with their muses 3. Jamie Ross, Carrie Kane 4. Jamie Ross, Travis Russell 5. Denise Wheeler Wright, Beth Goerke 6. John Webb with Abby from Board and Brush

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LCBA goes to schoo Constitution Day inspires the next generation

“

The youth represent the future of our country. It’s extremely important for us as bar members to impart our knowledge to them.” ~Michael-Anthony Pica

”

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ol:

L

CBA members can help a living document come to life for area children.

Legal professionals are needed for the bar’s Constitution in Schools program that puts attorneys and judges in Lee County classrooms on September 17.

That’s the federal observance known as Constitution Day, which commemorates the signing of the document in 1787.

It’s all part of the LCBA’s longstanding commitment to bringing legal education to local schools. In the winter and spring, the focus is on the mock trial program, and now, the LCBA and the School District of Lee County are partnering to find LCBA-member volunteers willing to address seventh-grade civics classes about the U.S. Constitution.

“As Americans, I think it’s our responsibility to give young people a basic understanding of their system of government,” said Michael-Anthony Pica, who’s overseeing the Constitution in Schools initiative for the LCBA Executive Council. “The youth represent the future of our country. It’s extremely important for us as bar members to impart our knowledge to them.”

It’s still too early to tell, since students have yet to begin the 2019-20 school year, but there could be as many as 60 civics classes districtwide this year, Pica said. The commitment required of LCBA volunteers is nonetheless scant — an hour or so is all that’s needed.

James O'Leary discussing the Constitution with students at Bonita Springs Middle Center for the Arts.

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The challenge for LCBA The opportunity to members who visit the interact with a legal classes is to bring some professional gives component of all those students a broader They get to see you can merge your facets of the curriculum to and more realistic life. perspective about what passion and interests with the law,” “The best classes are a career in law is like, ~Matthew Kaye when we can get the said Matthew Kaye, students engaged, thinking, coordinator of social asking questions and studies and advanced giving their reasons for courses for the school or against any issue,” district. said James O’Leary, who “They get to see you chaired the event for the LCBA in years past before can merge your passion and interests with the law,” Kaye stepping down to chair The Florida Bar’s Law Related said. “If you’re someone who is really passionate about a particular issue, such as labor, you can be a labor attorney. Education Committee. “This is easier said than done but can be accomplished by posing questions to them (such So, it opens their minds to potential opportunities.” as which of the rights in the First Amendment do they Civics are a part of the standards for every grade level, but seventh-graders get a deep dive into the subject, Kaye think is most important — i.e. if they had to lose the rest), asking follow-ups, seeing by show of hands who agrees or said, with a curriculum that covers four major categories. disagrees and why.”

The first teaches the origins and purposes of law and O’Leary has made similar presentations to students ever government — in other words, a history of government since he opened his practice in 1997. One of the students that examines documents from the Magna Carta to the in his first class was Neysa Borkert, who went on to earn Declaration of Independence. her law degree and become an LCBA member attorney at Another category looks at the roles, rights and responsibilities of citizens, and this usually involves a civil the Pavese Law Firm for more than nine years.

Among O’Leary’s keepsakes is an electronic file full service project. Category three delves into governmental of scans of heartfelt, handwritten thank-you notes from politics and political processes, including elections and students he spoke with. The impact of the time he took international and domestic relations. Finally, students to spend with them is readily evident. Some of them learn about the organization and function of the federal government, including the three branches of government, expressed gratitude for the practical knowledge they gained about matters like how the court system works, and the executive branch in particular. while others wrote that they gained a new understanding of others’ perspectives.

“Hot button issues are often some of the best discussions because they get the students involved,” O’Leary said. “The goal is to get them to reason through their opinions and learn to weigh the underlying factual basis, while also learning how legal outcomes represent a weighing and balancing of competing interests.”

Kaye sees students getting a better grasp on the day-today societal framework the Constitution provides for.

“Students learn you’re not just living in a chaotic world,” he said. “There’s actually a structure, and you can use it to your benefit.”

The LCBA’s effort is part of a broader push among legal practitioners to improve understanding of government and the law. Former Florida Chief Justice R. Fred Lewis, pressed into mandatory retirement this year by state law, Hon. Devin George with Challenger Middle School students is channeling his energy into the Justice Teaching Center,

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a program he created when he was named chief justice in 2006.

Now, the initiative that places attorneys and judges in classrooms around the state is being rebooted as part of Florida Southern College, and LCBA members are getting involved.

Associates and Bruce L. Scheiner attorney Dan Stengle, a close confidante of Lewis, pledged the firm’s help as volunteers.

Judges and lawyers are endowed with an unusually specific perspective on the inner workings of the uniquely American system the Constitution provides for. For Pica, who teaches at a police academy and in the Justice Studies department at Florida Gulf Coast University, the honor of a career in law comes with the responsibility to share that perspective.

To join Pica and get involved with the LCBA Constitution in Schools program, contact him at MichaelAnthony.Pica@myfloridalegal.com or 239-338-2440. ⚖

Photo above: Alex Peterson addresses classroom.

Photo right: Hon. Devin George with a Challenger Middle School student.

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LEE COUNTY BAR ASSOCIATION'S 100 CLUB Absolute Law

Goldberg Noone, LLC

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empower, inspire attorneys Immigration Program Grants

By Chuck Myron

S

heyla Marino Quariguazy is an experienced professional who just wants to take care of business and take care of herself. For 20 years, she worked as an electrical engineer in her home country of Brazil, rising to the managerial level before the country’s rampant violence and dolorous tax structure sent her in search of a new life in the U.S. Quariguazy moved to Lehigh Acres on a four-month tourist visa and hoped she could get an extension. She applied for one, but when she got married in 2018, that application was immediately nullified — leaving her with little recourse if she wanted to stay with her daughter, who had a student visa.

Enter the Southwest Florida Community Foundation’s Immigration Program Grant. The foundation funds legal services and related immigration help at six organizations around Southwest Florida: Florida Rural Legal Services, Americans for Immigrant Justice, CAIR Florida, Legal Aid Service of Collier County, Lutheran Services Florida, and Redlands Christian Migrant Association.

The Florida Bar Foundation channeled support to the initiative from funding that The Florida Bar earmarked to address a spike in demand for legal services after Hurricane Irma, which dealt a particularly withering blow to the local immigrant community.

National funders matched the money the bar put forth.

The program is the only one in Florida and one of just 24 like it across the country to receive funding from Grantmakers Concerned with Immigrants and Refugees, or GCIR, a national philanthropic and advocacy network.

Still more funding comes from The New York Community Trust, a grantmaking foundation committed to a healthy, equitable and thriving community for all.

Because of that financial backing, Florida Rural attorney Roberto Suarez was able to enter an appearance in immigration court on behalf of Quariguazy and push her court date to 2020 — buying her more time to find a legal path to staying in the country and with her daughter.

Quariguazy, who works two jobs outside her field of engineering, wants to obtain licensure so she can resume her electrical engineering career.

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Photo above: Attorney Nirupa Netram of the Southwest Florida Community Foundation and Lucio Perez-Reynozo of the American Friends Service Committee.

“I’m so grateful for the help I’ve received, but ultimately I want to get to the point where I can fend for myself and not be reliant on others,” Quariguazy said in Spanish. “I feel like I don’t want to be a burden on society. I bring value in a needed field.”

So many are like her. In Lee County, about 16% of residents were born outside the U.S., and around 8% are not U.S. citizens, according to census data. Students from 154 countries speaking 134 different languages attended Lee County schools in 2017-18, School District of Lee County statistics show.

“It is definitely staggering,” Suarez said. “The expeditious fix is to have more advocates who can provide pro bono service when needed — and this is difficult.

There are many attorneys who want to help, but many times they are not available when needed.”

Attorney Nirupa Netram, in charge of the Immigration Program Grant for the Southwest Florida Community Foundation, wants to get more attorneys involved in immigration work. She’s out to rally funders to keep the program going for another year, ensure organizations continue to apply for grants, and encourage local Continued on page 32

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August 2019 ⚖ RES GESTAE

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THE DISH

BY MARISA BOYSEN, ESQ.

A MEAL IN SUPPORT OF A CAU

Generous portions, c

FK

Your Diet doesn’t mean what first comes to mind as you see the brightly colored sign by the roadside restaurant on U.S. 41 near San Carlos Park.

The FK stands for Foster Kids. Five percent of the restaurant’s revenue goes to foster children. Their slogan is “scratch home-cooking with a purpose! Eat to give.”

Owners Doug Miller and Amy Eldridge retired to Florida and opened the small restaurant last fall. Miller grew up as a foster child and moved around for 12 years. When someone would cook a good meal for him, he felt worthy and loved.

He learned to cook and finds happiness providing comfort meals to others.

“Not only will you get a great meal, but you will also be helping some child feel better,” Miller said. “Thank you for the honor of being your foster parent while you’re in our restaurant.”

Now onto the food! The cinnamon roll is huge! It’s made with homemade warm cream cheese. It literally melts in the mouth. The Rock Bottom country fried steak is made from scratch, topped with sausage gravy and served with two eggs cooked to order plus potatoes on the side. The steak retains a delightful crunch that can be difficult to achieve.

The potatoes are nicely seasoned and obviously not frozen from a bag. After speaking with Amy, I ordered something not on the DECADENT TOPPINGS ARE A STAPLE AT FK YOUR DIET! menu yet. It was toast topped with lobster, avocado hollandaise sauce and potatoes on the side. The pieces of lobster were huge, and the combination of flavors was spectacular.

Doug Miller and Amy Eldridge are fantastic restaurant foster parents. The restaurant is brightly painted and has a very positive vibe. For a Saturday or Sunday brunch, they serve up unlimited mimosas in classic, peach or raspberry flavors. They also serve beer, wine, margaritas and COUNTRY FRIED STEAK, EGGS, SAUSAGE bloody marys.

GRAVY AND FRIED POTATOES

Aside from that, they seemingly have it all on the menu: biscuits and gravy, pancakes, eggs Benedict, corned beef hash, breakfast burritos, scrambles, quiche and French toast! And that is just breakfast.

The lunch and dinner menu includes a burger with “a special twist” that the menu implores you to “trust us on.” I won’t spoil the surprise, but suffice it to say it lives up to its billing as humongous.

CHICKEN SANDWICH

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USE

charitable spirit define FRENCH TOAST AND BACON

OMELETTE WITH FRESH AVOCADO

It comes with fresh onion, sautéed onion, a pickle, lettuce, tomato, sautéed mushrooms, mayo, mustard, ketchup, barbecue sauce and your choice of cheese. If that’s somehow not enough, you can select addons that include bacon, pulled pork, avocado, a fried egg and sausage gravy. And oh yeah, it comes with a side of fries, tater tots or a salad. It is heaven for the hungry.

FRESHLY MADE-TO-ORDER DOUGHNUTS

There’s also a grilled PB&J and a Grown Up Grilled Cheese that I cannot wait to try. Many choices of “sammiches” abound. They also have soup, salad and sides available a la carte. Not up for a meal? They have milkshakes and smoothies, including a devilishly tempting maple bacon shake.

The menu has something for everyone. The next time you are seeking a home-cooked meal with a purpose and a positive vibe, stop at FK Your Diet. They are open seven days a week. W If you’re not hungry but still want to help, consider volunteering! Please contact Amy at 419-543-0207 or at fkyourdiet@gmail.com for volunteer opportunities. ⚖

19630 S. Tamiami Trail, Fort Myers 239-245-8877 fkyourdiet.com Hours: Monday-Friday, 7 a.m.-8 p.m.

Saturday-Sunday, 7 a.m.-3 p.m.

Marisa Boysen is a Florida native and graduated from Florida Coastal School of Law. She is a member of The Florida Bar, the Middle District, and the LCBA. She serves on the board of the Lee County Legal Aid Society as secretary and is also the organization’s Personnel Committee chair. She worked in public defense for 15 years and opened her own office in 2017 with a focus in criminal litigation.

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Immigration Program Grants Continued from page 28

Erica Villafuerte and Tijuanna Clemons, both of the Redlands Christian Migrant Association.

practitioners to make themselves available to the organizations for help. It is a cause Netram believes is worth the extra effort.

“Immigration is what America represents and what America was founded on,” she said.

The program is a large-scale project. The community foundation granted $615,000, which is the most it ever dedicated to a single cause area. At the core of the effort is a marriage of lawyering and community need, according to Kevin Douglas, GCIR’s director of national programs.

Some of the grantees are primarily social service and advocacy organizations, but each must apply at least part of the grant money to providing immigration-related legal assistance.

Lutheran Services Florida used its share of the money to dedicate attorney Tim Drahovsky and a paralegal to the program full-time. They pledged to assist 160 people when they received the grant, but through outreach efforts and direct aid with citizenship applications, residency applications, petitions for family members, and referrals, they’re on pace to “shatter” that number, Drahovsky said.

“More than anything else, it’s getting info out to people who don’t have access to information,” he said. “My primary goals are to help them and tell them not to waste their money and get scammed by people who say they can help them and they can’t.”

Fake immigration lawyers are pervasive within the community, both Drahovsky and Netram said, arguing that “notario fraud” makes the need for legitimate help all the more pressing. The scale of the problem is difficult to define because of underreporting by immigrants who simply don’t know whom to alert. Washington, D.C.-

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based immigration nonprofit Ayuda estimates there could be as many as 100 victims for every one who steps forward, according to a story published in the American Bar Association Journal last year.

That’s one reason why Lutheran Services Florida and the Council on American-Islamic Relations, or CAIR, both conduct public information forums. They’re important even for legal immigrants, according to attorney and CAIR Florida Chief Executive Director Hassan Shibly, who refers to the dozen or so local seminars his organization has conducted as “preventative empowerment.”

“Hopefully, if you engage early on, people know what to do,” he said. “You never really know when you may need legal services.”

The grant helped CAIR open an office in Fort Myers — its closest locations previously had been in Miami and Tampa. Legal Aid Service of Collier County hired a new attorney thanks to the grant, and for Florida Rural Legal Services, the grant has had a wide-ranging impact, Suarez said. Without it, he wouldn’t have been able to handle Quariguazy’s case, and she might not be in the U.S. today.

Kevin Douglas of Grantmakers Concerned with Immigrants and Refugees speaks at a Southwest Florida Community foundation event.

“Typically, we were not doing deportation cases, but with the Southwest Florida Community Foundation grant, we are able to do a lot more for immigrants in Immigration court and with immigration issues overall,” Suarez said.

Continued funding is unclear. There’s no expectation that The Florida Bar will again provide money, though the bar foundation may take it upon itself to fund specific immigration projects if needed, said Kate York, director of grants for the bar foundation. In the meantime, attorneys can pledge their backing.

“If you cannot support this project with pro bono work or a financial donation, the other way you can help is to spread the word to other lawyers and community leaders that this project exists and needs their support,” York said. ⚖

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August 2019 âš– RES GESTAE

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LCBA JUDGES SPOTLIGHT

Hon. Robert Branning

1. I am a direct descendant of Robert the Bruce, King of Scots. Family history portrays William Wallace as a scene-stealing grubby peasant.

2. At 18, I was on MTV’s game show “Remote Control.” Kari Wuhrer still sends me a Valentine’s Day card every year.

3. My son, Connor, is named after the hero in the movie “Highlander.”

I tried to get my daughter’s name to be the villain Kurgan, but my wife refused.

4. I still hold the mullet toss distance record at the Flora-Bama Lounge on Perdido Key outside Pensacola.

5. Every time FSU plays UF, I wear the head of the first alligator I (lawfully) killed like a crown and send pictures to every Gator fan I know. *Portions of this article could be false in whole or in part. Maybe. ⚖

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LCBA MEMBERS SPOTLIGHT

John Miller, Esq.

1. I love to run. If you know me, you probably already knew this. What you may not know is I used to hate running. I was on the wrestling and swim teams in high school and absolutely dreaded running at practice. Now it’s one of my favorite things to do.

2. I was born and raised on Pine Island and went to Mariner High School, but I am a terrible fisherman. Everyone always asks me if I like to fish when they learn where I’m from. The answer is yes, but I am terrible at it, so don’t ask me where the fish are.

3. I was in the Navy for about two years. Out of high school, I attended the Naval Academy for my freshman and sophomore years of college. At the end of my sophomore year, I made one of those decisions that only a 20-year-old could make and decided to transfer to the University of Florida.

4. I eat tuna every day. It sounds disgusting, but every day before lunch I eat at least one can of tuna right out of the can.

5. My last vacation was to Iowa. My wife, Kayla, dragged the kids and me to Des Moines for a summer vacation (a friend’s wedding). It was not a super tropical location, but we still had a great time. ⚖

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The Legacy Continues Saving families, one at a time Sheldon E. Finman, P.A.

A respectful approach to divorce.

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August 2019 âš– RES GESTAE

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#KINDLEE COMMUNITY SPOTLIGHT SALUSCARE

Auction action: #KindLee solicits donations for SalusCare

T

he impact of mental illness is staggering, but so is the resolve of those committed to helping.

#KindLee is out to surpass the more than $8,000 it raised for SalusCare last year, when committee members organized a successful silent auction at the local mental health provider’s annual fundraiser. Members of the LCBA, LCBA Foundation and the community at large have already committed to

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helping this year’s silent auction at SalusCare’s “Laughter is the Best Medicine” show on Saturday, August 17 at 7 p.m. at the Broadway Palm Dinner Theatre.

Mark Loren Designs is contributing a stunning pair of earrings worth well over $1,000. They feature removable Australian opal doublets within hoops made of white gold and diamonds. The LCBA Foundation, Andrew Banyai, Blair DeMinico, Amanda Bartley, Brian Bartley, Karla Y. CamposAndersen and Marcy L. Shaw have also come forward to help.

“Every step forward is a step in the right direction for an organization that does so much good in our community,” said Stacy L. Sherman, who is spearheading the effort.

“SalusCare really helps people be the best they can be.”

Those interested in donating an item or making a financial gift can contact Sherman at stacy@haverfieldlaw. com. Tickets for the SalusCare event are available at saluscarecomedynight.org. ⚖ Photo left: Australian opal doublets that will be part of Mark Loren earrings up for bid at SalusCare’s silent auction.

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August 2019 ⚖ RES GESTAE

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LCBA NEW MEMBERS

Heath E. Gelman, Esq.

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

Pablo S. Hurtado, Esq. Hurtado Immigration Law Firm

Susan M. Larned, Esq.

Law Office of Susan M. Larned, P.A.

Edward L. Larsen, Esq. Edward L. Larsen, P.A.

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August 2019 ⚖ RES GESTAE

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IN THE NEWS

Mediator, arbitrator and attorney Caryn Diamond Shaw has opened SWFL Mediations in Fort Myers. The firm serves all of Southwest Florida with a focus on business and employment disputes. For more than a decade, Shaw has dedicated her legal career to commercial and employment matters such as discrimination, retaliation, wage-hour, whistleblower and restrictive covenants.

Shaw is a Supreme Court Certified Circuit Civil Mediator and a Florida Qualified Court-Appointed Arbitrator. She is recognized as a Super Lawyers Rising Star for five consecutive years.

Pavese Law Firm partner Christopher Pope and attorney Matthew Gordon were recognized by The Florida Bar with Board Certification in condominium and planned development law. Pope practices primarily in the areas of condominium and homeowners association law, construction law, and real estate law. Gordon focuses his practice on real estate development, commercial and residential transactions, condominium and homeowners associations, and business law.

Attorney Marcie A. Charles has joined Grant Fridkin Pearson, P.A. Charles has practiced law in Southwest Florida since 2014 and focuses on the areas of estate planning, estate and trust administration, business succession planning and tax planning.

Charles has extensive experience in corporate tax planning, having served as an attorney advisor with the IRS Office of Associate Chief Counsel (Corporate) in Washington, D.C., and as an advisor to Fortune 500 companies when she worked in two Big Four public accounting firms.

Pavese Law Firm attorneys Christopher J. Shields and Chené Thompson have been recognized in the 2019 edition of Florida Trend’s Legal Elite. The list of honorees, published in the July issue of Florida Trend magazine, includes fewer than 1.2% of active Florida Bar members. This elite group has been acknowledged by peers for exemplifying a professional standard of excellence.

Lee County Clerk of Court Linda Doggett was named Clerk of the Year by Florida Court Clerks and Comptrollers, the statewide governing body of the state’s 68 elected clerks and comptrollers. She received the award for her efforts to lead the development and maintenance of the association’s technology strategic plan.

Doggett represents clerks on the Florida Supreme Court’s Access to Justice Commission and led efforts to provide new do-it-yourself systems to Floridians seeking court services.

Richard C. Grant and M. Travis Hayes of Grant Fridkin Pearson, P.A. were recently recognized in the 2019 edition of Florida Trend’s Florida Legal Elite. To compile the list, Florida Trend invited all actively practicing Florida lawyers to name the attorneys they hold in highest regard – lawyers with whom they have personally worked and would recommend to others.

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August 2019 âš– RES GESTAE

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PRSRT STD U.S. POSTAGE

PAID

FT. MYERS, FL PERMIT NO. 147

P.O. Box 1387 | Fort Myers, FL 33902-1387 (239) 334-0047 | Fax (239) 334-0523 LeeBar.org

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