Res Gestae - December 2021

BACK TO THE PARTIES

Law firms and attorneys get back to celebrating the holiday season

Social Anxiety Disorder Local attorney shares experience

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • DECEMBER 2021

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contents on the cover

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ad directory

Back to the Holidays Keith Grossman, Esq.

special features

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Confidence is the antidote to social anxiety disorder Keith Grossman, Esq.

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departments 6 Letter from the President

28 Legal Lens

8 Letter from the Executive

29 100 Club

Blake Hampton, Esq.

Director

Lauren Baugh

10 Calendar of Events 12 Ethically Speaking

Henry Lee Paul, Esq.

14 Practice Section

Elder Law

Blake Hampton, Esq.

16 YLD Spotlight

Katherine E. Camadeco, Esq.

18 Advertiser's Spotlight

Pro Bono Luncheon

30 The Dish

Lawhon's Grocery

Lauren Baugh

32 New Members 34 5 Things You Don't Know

About Me

Hon. Shannon McFee

36 5 Things You Don't Know

About Me Kevin Karnes

38 In The News

Brazzeal Mediation

33 IBC 36 9 27 35 23 19 33 9 19 37 32 BC 11 17 15 18 IFC 38 19 34 33 13 29 35 3 17 37 15 37 7 5 35 27 13 13

It is the policy of the Lee County Bar Association to hold meetings only in those facilities that do not discriminate on the basis of race, gender, sexual orientation, national origin, physical or mental disability, or religion. The Association will engage in a good-faith interactive process with any employee, prospective employee, member or invitee to determine if a reasonable accommodation is needed and will make reasonable efforts to provide such accommodations. Any requests for accommodation should be directed to the executive director of the Lee County Bar Association, Lauren Baugh at lbaugh@leebar.org or 239-334-0047.

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president's letter It’s December, making this my final president’s letter. My hope is that we finish 2021 with the membership feeling the LCBA is better than it was at the beginning of the year, as we have accomplished every goal we set out to achieve.

We offered virtual CLEs for our practice sections and committees. We expanded the LCBA board and now have two non-voting Judicial Liaisons.

The Diversity and Inclusion committee has quadrupled in size. We opened the membership to include paralegals and friends of the Bar as a way of recognizing their impact on the profession. We created new, modern, and cohesive logos for the LCBA and LCBA Foundation. We offered inspiring programming for our monthly luncheons focused on topical issues like diversity and inclusion and clean water. We continue to look ahead and make changes that are beneficial for our members and our organization as a whole. I’m very grateful to have led the LCBA through 2021 and am happy that it’s not quite over yet.

LEE COUNTY BAR ASSOCIATION administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

executive council

TREASURER

Spencer Cordell, Esq.

BOARD MEMBERS

John Miller, III, Esq. Andrea Pleimling Smith, Esq.

committee chairs BENCH-BAR GALA

LAW RELATED EDUCATION

Dawn Maselli, Esq.

T. Rankin Terry, Esq.

DIVERSITY AND INCLUSION

LAW WEEK

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

Hon. John S. Carlin

HEALTH AND WELLNESS

LCBA FOUNDATION CHARITY GOLF TOURNAMENT

John Miller, Esq. and Joel Hyatt, Esq.

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

HISTORY

MOCK TRIAL

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

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

Andrew Banyai, Esq.

practice section chairs ALTERNATIVE DISPUTE RESOLUTION

IMMIGRATION LAW

Anne Dalton, Esq. and Bill Merchant, Esq.

Indera DeMine, Esq. and Nirupa Netram, Esq.

APPELLATE LAW

INTELLECTUAL PROPERTY

Alex Brockmeyer, Esq.

Luca Hickman, Esq. and Mark Nieds, Esq.

Thank you, Chief Judge McHugh, for appointing Judge Branning and Judge George as our Judicial Liaisons. Their participation has deepened our personal connection to the bench along with our respect for the role.

Continued on page 7

Blake P. Hampton, Esq. Blake@Hampton.law | 239.309.0090 RES GESTAE

VICE PRESIDENT

Tiffany Pereira, Esq.

Peter Knize, Esq. Michael Anthony Pica, Esq.

I would like to thank a few key individuals for their time, professionalism, and advice this year in helping navigate my presidency. Thank you to Kelly Fayer for being a cheerleader and role model behind the scenes. Kelly appointed me to the LCBA Board in 2017 and encouraged me to get involved in the Diversity and Inclusion Committee. This committee has personally been one of the many highlights of the year for me. I’m looking forward to working on our mentoring program in schools around Lee County.

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SECRETARY

Kathleen Smith, Esq.

YLD President - Shirlarian "Shae" Williams, Esq. President Emeritus - Matthew Roepstorff, Esq

There is no luncheon in December. Instead, we invite you to spend time reflecting and relaxing with friends and family. Please join us on December 9, for our Holiday Party at the Edison Restaurant at the Fort Myers Country Club. In recognition of Law Week, we will be presenting the Liberty Bell Award at the holiday party for the first time. You don’t want to miss this special occasion.

As you begin to receive membership renewal forms for next year, please consider donating to the Lee County Bar Foundation. I have had several non-profit directors approach me at functions around Lee County telling me how impactful our grants have been for their organizations. We can’t continue this community benefit without your generous donations.

PRESIDENT

Blake Hampton, Esq.

LeeBar.org

CORPORATE LAW

Mairin Roepstorff, Esq. and Alicia Olivo, Esq.

LAND USE AND GOVERNMENTAL LAW

CRIMINAL LAW

Sarah Spector, Esq. and Erica Woods, Esq.

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

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

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

Carlos Kelly, Esq. and George Knott, 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

Conor Foley, Esq. TORT LITIGATION

Dawn Maselli, Esq.

Continued from page 6

Thank you to our Director, Lauren Baugh. Without you, our accomplishments this year would not have been possible.

Thank you to my mentor, Beth Prather, for your continued friendship and guidance.

I’d like to thank CONRIC pr + marketing, Tiffany Pereira, Lauren Baugh, and Keith Grossman for assisting me in coordinating the Res Gestae topics to align with our membership luncheons. (And for being patient when I was a little behind on my deadlines.) And a big thank you to G3 Catering for their creativity in developing delicious meals that celebrated the different cultures that were featured at the membership luncheons.

Last, but not least, I would not be where I am today without the love and support from my family. Thank you to my wife, Kate along with the Brett, Walter, Miller, and Hampton families for everything you continue to do for me, both personally and professionally.

I’ll be heading to Saint Albans, Vermont for (hopefully) a white Christmas, but am excited to kick off the New Year with the January membership luncheon. I look forward to handing over the LCBA presidency to Tiffany Pereira.

From the LCBA staff, Board of Directors, and myself, have a very happy Hanukkah, Christmas, and New Year!

Sincerely, Blake P. Hampton

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executive director's letter Life has been on a fast track the last year, and while it seems like it went by in the blink of an eye, it was packed full of events! December is often a time to reflect on accomplishments for the year as a whole and a time to set goals for the next year. This is exactly what I do personally, and for the LCBA.

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

239.334.0047 ResGestae@LeeBar.org

staff PUBLISHER

Connie Ramos-Williams | 239.690.9840 Ext. 1001

Although we start our future planning in October, it comes together in December. I met with Tiffany Pereira, our incoming 2022 LCBA President, as well as Katherine Camadeco, our incoming 2022 LCBA YLD President, to schedule out our events. We have some great programming, events, CLEs, socials and community engagement activities planned! December will be exciting in and of itself, with holiday parties, holiday traditions, time off, reorganizing and some other fun things behind the scenes here at the LCBA.

EDITOR-IN-LAW

Tiffany Pereira, Esq.

MANAGING EDITOR Keith Grossman, Esq.

CREATIVE DIRECTOR April Bordeaux

ADVERTISING ACCOUNT EXECUTIVE Lisa Doyle-Mitchell | 239.851.4729

FEATURE WRITER

Keith Grossman, Esq.

During this month, I will continue to seek annual sponsors to add to our AMAZING list of those who support us and our events, so we can keep them going. Should you or your firm wish to join this elite list, let’s talk. Call or email me, and I will go over all the details. It is a great opportunity to get your name and logo out in front of our nearly 800 members and many more in the community (legal and non-legal).

I would love to thank our current sponsors, as they are the real heroes! Thank you to CopyLady; Kelleher Law; US Legal Support; Edison National Bank; Fort Myers Court Reporting; Boyle, Leonard and Anderson; Sanibel Captiva Community Bank; The Vistas and Colonial Commons; Associates & Bruce L. Scheiner; Boy Agnew Potanovic & Miller; Dal Lago Law; Dennis L. Webb P.A.; Hampton Law; Law Offices of Michael M. Raheb, P.A.; Park Royal Behavioral Health Services; Aloia, Roland, Lubell & Morgan, LLC; Sexto Productions and CONRIC pr + marketing!

I would like to take this opportunity to also thank our members who have continued to support the LCBA. We look forward to an amazingly bright future! As always, I am open to your input on programming. Please let me know what you want to see from our Sections and Committees.

I hope to see you all at our LCBA Holiday Party on December 9 at the Edison Restaurant and Bar, sponsored by CopyLady, Edison National Bank and Kelleher Law. Cheers to 2022! Let’s make it the best yet!

CONTRIBUTING WRITERS Blake Hampton, Esq. Lauren Baugh Henry Lee Paul, Esq. Katherine Camadeco, Esq. Chad Brazzeal, Esq. Hon. Shannon McFee Kevin Karnes

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©2021 Lee County Bar Association Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission from the Lee County Bar Association. To inquire about such permission, please contact the Lee County Bar Association at Info@LeeBar.org.

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

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December 2021

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

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YLD Holiday Fiesta

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LCBA Foundation Wine and Cheese Tasting

7:15 – 8:30 p.m.

Location: The Golden Rind (virtual attendance also available) Register: LeeBar.org $55 per person

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Immigration Law Section Meeting

5:30 – 7:30 p.m.

Location: Millennial Brewing Register: LeeBar.org Free to all LCBA members

LCBA Holiday Party

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5:30 – 8:30 p.m.

Location: Edison Restaurant and Bar Sponsors: CopyLady, Inc, Edison National Bank and Kelleher Law Register: LeeBar.org Free to all LCBA Members

Noon – 1 p.m.

Topic: The Overlap Between Immigration Law and Family Law: How Your Client’s Family Law Matter Can Affect Their Immigration Status Speakers: Eloise Ayala, Esq, Colin Abbott Esq and Karla Y. Campos-Andersen Esq. Register: LeeBar.org

RPPTL Law Section Meeting

Noon – 1 p.m.

Topic: Community Property Trust Act Speaker: M. Travis Hayes, Esq. Register: LeeBar.org

-24 Christmas Holiday

LCBA offices and courts will be closed

Elder Law Section Meeting

Noon – 1 p.m.

Topic: Maintaining an Ethical Law Practice: top ethical problems & how to avoid them Speaker: Chardean M. Hill, Esq. Register: LeeBar.org

New Year's Eve Holiday

LCBA offices and courts will be closed

make it a December to remember

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 2021 Annual Sponsors

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LeeBar.org

December 2021

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ethically speaking

The legal profession faces change & challenge in 2022 by henry lee paul, esq.

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divided Florida Supreme Court ruled in favor of The Florida Bar in a 4-3 decision in the The Florida Bar v. TIKD Services, LLC, SC18-149.

TIKD Services was “permanently and perpetually enjoined from engaging in the acts complained of, as well as any other acts constituting the unauthorized practice of law in the State of Florida.”

The Florida Bar brought a petition to prohibit the unlicensed practice of law

by TIKD. The Florida Bar complained that TIKD was improperly advertising and obtaining customers who received a traffic ticket. TIKD accepted fees and referred their customers to an attorney who was then paid by TIKD. The referee entered a summary judgment in favor of TIKD and found that, as a matter of law, the services offered by TIKD did not constitute the practice of law.

The majority reversed the referee, despite the fact there was no evidence of actual harm to the public. The case may be a bellwether indicating Florida will remain a staunch protector of traditional legal services. Critics of this position argue the Florida Supreme Court is more interested

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in protecting proprietary economic interests of lawyers than protecting the public.

provision of legal services by a new category of “Advanced Florida Registered Paralegals.”

The dissent framed the issue in economic terms and stated: “TIKD offered not legal services, but a business proposition: hire a lawyer we introduce, at a fee we set, and you will not bear the risk that the lawyer’s services, or indeed your ticket, will cost you more than our fee. Offering that bargain does not constitute the practice of law.” The dissent went on state the majority “presumes, incorrectly, that it is up to us to authorize how people in a free market bargain with lawyers and nonlawyers to address their legal problems.”

Both these proposals were held in abeyance pending the TIKD decision. It is unknown how these proposals will be resolved. However, it is significant that both the majority and dissent indicated the policy stated by the majority might be revised through the rule-making process.

The conflicting policies expressed in the majority and dissenting opinions will continue to engage in pending UPL matters. In December 2019, The Florida Bar proposed Chapter 23 (SC192077). The new chapter would allow a “registered online service provider to advertise, charge, and collect fees… and is not required to file advertisements with The Florida Bar for review.” Additionally, The Florida Bar’s Board of Governors has been considering requesting amendment of Chapter 20 (Florida Registered Paralegal Program) to allow limited LeeBar.org

At the writing of this article, it is unknown whether TIKD will petition the U.S. Supreme Court for review. However, it is likely that either in the TIKD case, or in some other matter, the issue of whether the regulation of the practice of law in Florida is anticompetitive will be decided in light of the decision North Carolina Board of State Dental Examiners v. FTC, 574 U.S. 494 (2015).

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.

December 2021

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practice section: elder law

Knowing Your Elderly Client by blake p. hampton esq.

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epresenting elderly clients presents a unique set of challenges. It’s important to address identifying your client, know the scope of representation, recognize potential undue influence, and properly manage the death of an elderly client.

Here, client refers to someone of advanced age, potentially with diminished capacity.

“Third Party ‘’ could be a friendly neighbor, child, sibling, friend or anyone assisting the client.

Third Parties It is common for a third party to attend an initial consultation with the potential client. From first contact, the attorney should make it clear, even prior to the consultation, that the third party is not the client. There should also be something in writing stating the same to be signed by the third party during the initial consultation.

When the third party pays the legal fees for the client, this can also potentially blur the line of representation. The Florida Bar addresses accepting payments from third parties in R. Regulating Fla. Bar 4-1.8(f ).

It states, the potential client must give consent and the third party’s payment should not influence or interfere with the attorney’s professional judgment. In sum, if the senior’s rights and best interests are the concern of the third party and the topic of the initial consultation and this is acknowledged by all parties in writing, you should not run afoul of any conflict of interest.

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“Keep it Real” and Know Your Client It’s natural to be concerned how a client with diminished capacity can consent.

Florida Bar Rule 4-1.14, “Client Under Disability” instructs lawyers to as reasonably as possible maintain a normal attorneyclient relationship. This is an ambiguous rule, but you should treat the client as if they have capacity, unless there is substantial evidence to the contrary. If the client lacks capacity and is a threat to him or herself, “...a lawyer may seek appointment of a guardian or take protective action with respect to a client only when the lawyer believes that the client cannot adequately act in his/her own interest.”

To protect your practice, request the elderly client obtain a letter from his or her general physician stating the person has capacity to make his or her own decisions.

The American Physicians Association, along with the American Bar Association Commission on Law and Aging published the “Assessment of Older Adults with Diminished Capacity, Handbook for Lawyers.” The handbook has templates for referral letters to a psychologist for mental health assessments and includes assessments for attorneys to complete prior to making a referral.

Know What You’re Doing for your Client Clients with diminished capacity often have several varying legal issues, ranging from pending charges to credit card debt. It is important to define the scope of representation in writing; and, to the best of your ability, make sure the client understands. See Florida Bar Rule 4-1.2(c) LeeBar.org

on Limitation of Objectives and Scope of Representation along with the comments.

Know that your client isn’t being influenced Undue influence is here referred to as a client being coerced, manipulated, or influenced by a third party to do something that benefits the third party and may or may not benefit the client. In the context of estate planning, the famous Carpenter case lays out the criteria in determining undue influence. In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971).

Death of Client Upon the death of a client with diminished capacity, the attorney-client relationship is terminated. If the attorney was working with the Attorney-in-Fact under a Durable Power of Attorney, that directive expires, and a Probate will need to be opened and Letters of Administration obtained. If there are no assets subject to Probate, and a Trust has the authority to continue to serve, you may now represent the Trustee. Regardless, a new legal representation agreement needs to be drawn and executed with the proposed Personal Representative or Trustee.

One of the most important aspects of representing elderly clients with diminished capacity is understanding who your client is, what they want, and how to effectively communicate with all parties involved.

Blake P. Hampton is VA Accredited Elder Law Attorney. He is also the 2021 President of the Lee County Bar Association.

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YLD spotlight

What are you looking to achieve in the New Year?

by katherine e. camadeco, esq.

WOW!

Another year has come and gone.

We had a great year here at the Young Lawyer’s Division of the Lee County Bar Association. As we look toward the new year, we would like to thank all of our speakers, sponsors and those who came out to our events.

During this time of year, in between the hustle and bustle of the holidays, many of us take the time to reflect on the past year and set resolutions for the new year.

A resolution, according to the Oxford Dictionary, is a definite decision to do or not do something.

The top 5 New Year’s resolutions are: 1. Exercise to get in shape 2. Diet to lose weight 3. Save money

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4. Eat healthier in general 5. Something for self-care But did you know that almost 40% of people only keep their resolutions for 1 month or less?

January 1, 2022, will be here before we know it. Instead of ringing in the New Year with resolutions, consider setting a goal or choosing a word to guide you through 2022. It’s something attainable that you can focus on.

While goals are similar to resolutions, resolutions are often vague statements of intention. According to the Oxford Dictionary, a goal is something you aim to achieve. Goals, specifically SMART goals, are a great tool to achieve a specific end. Remember when goal setting, to set SMART – specific, measurable, achievable, realistic, timely – goals.

Or maybe you want to make positive change, and you do not want to commit to a specific goal. Instead, consider a LeeBar.org

single word that would represent your motto for the year. The word will act as a gentle reminder whenever you need to make a decision. Use this word to guide you towards what you want.

Our YLD Holiday Fiesta, on December 3rd at Millennial Brewing, promises to be a great time. I hope you can join us.

On behalf of YLD, we wish you all a safe and happy holiday season! And we cannot wait to see you again in the New Year! Be on the lookout for “YLD” Fridays – with lunch and learn, networking and other events being held on the first Friday of the month.

Katherine E. Camadeco, Esq. is the President-Elect of the Young Lawyers Divsion of the Lee County Bar Association and an attorney at O’Halloran & Simmons, PLLC where she practices in the area of Marital and Family Law.

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by keith grossman, esq.

oliday parties are a tradition for as long as we can all remember. Some memorable holiday parties have been featured in classic movies such as “When Harry Met Sally”, “A Christmas Story” and “It’s a Wonderful Life”.

According to Erica Sklarek, Assistant Director of Sales for the Glasshouses, a New York event space, holiday parties are a priority in 2021. According to a recent survey from consulting firm PwC, most consumers will spend an average of $218 on holiday activities and entertainment in 2021, which is an increase in past spending.

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Other classic movies have given us inspiration, such as hot chocolate, candy canes and big marshmallows, as featured in “Polar Express”.

Jeannie Cummings, a Southwest Florida event planner for both corporations and charities is seeing parties and events return to the area.

“My clients are wanting to reconnect this holiday season in new and festive ways. House parties and celebrity appearances are popular, and ‘giving back’ is often a component. Hotels I’m working with are also seeing solid bookings straight through the holiday season.”

Some parties didn’t go so well, like in “Die Hard”. But we’re not talking about those parties because it’s time to plug in the flux capacitor, get this baby up to 88 miles per hour, and go Back to the Parties!

People are craving the fun and frivolity of a good holiday party. Companies host parties to show employees they value their hard work and celebrate their company’s accomplishments.

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LeeBar.org

This is all setting a positive note to begin 2022.

Attorney James Kelleher says, “We are so very happy to be able to again have our Annual Holiday Party this December after a years’ absence. Getting together with our friends, co-workers and fellow Bar members to celebrate this wonderful season is what it’s all about!”

Kelleher Law is having their firm party in the courtyard of a local restaurant. They are sending out invitations.

Party themes are always popular this time of year, like a winter wonderland or a favorite decade. New York event planner Courtney Armbrust says, “I think we’ve seen this

quite a bit, but the Roaring ‘20s theme is becoming very popular for obvious reasons!”

LCBA Executive Director Lauren Baugh says, “The LCBA party is one to celebrate the end of another very successful year of comradery, membership growth, sponsor appreciation and a new wave of board members. An event where there are no expectations or rules, we just want to celebrate people and enjoy our time before we pack our lunch and launch forward into another year—so to speak. YLD is collecting toys in exchange for raffle tickets. The toys are being donated to ACT. They will also be getting together to celebrate

December 2021

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It's not about your PRESENTS

But it is about your PRESENCE

Therein lies the spirit of the holiday season the same as us ‘vintage’ folks, but with a YLD twist. We are celebrating the success of growth, and the hopes to continue the trend. Members, CLEs, Events, Sponsors and the like. I am looking forward to seeing those in a casual light, rather than a formal event with expectations and structure. AKA fun!”

are beneficial for our members and our organization as a whole. As my last event as the LCBA president, the holiday parties will be a bittersweet send-off for me, but they’re a nice ending to the year.”

LCBA President Blake Hampton says, “Both the LCBA and YLD events should be a lot of fun. We’re excited for the Edison to host the LCBA party and we will be presenting the Liberty Bell for the first time at the holiday party.

The award honors someone who isn’t an attorney but has given a lot back to the legal community.

In addition, Millennial Brewing Company is hosting the YLD holiday party for the first time, and we’re grateful for their hospitality.”

Hampton continues, “I’m proud of what we’ve accomplished this year. We have been able to offer virtual meetings and CLE seminars for our sections and committees. We expanded the LCBA board and now have two non-voting judicial liaisons. The Diversity and Inclusion committee has quadrupled in size. We opened up the membership to include paralegals and friends of the Bar as a way of recognizing their impact on the profession.

We created new, modern, and cohesive logos for the LCBA and The Foundation. We offered inspired programming for our monthly luncheons focused on topical issues like sustainability, diversity and inclusion, and clean water. And, we’re continuing to look ahead and make changes that

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Henderson Franklin is holding their holiday party at the Luminary.

Gail Lamarche says, “All attorneys and staff, and their guests, are invited.”

Some law firms, such as Dal Lago Law and Boy Agnew Potanovic, are having a small dinner for just their employees and spouses.

Amy McQuagge with Sanibel Captiva Community Bank says, “We are planning on hosting a bank holiday party. We always have ours at Doc Ford (Fort Myers Beach) in the middle of December. It’s a typical holiday party with a full dinner and drinks.”

The winter holidays are also a popular time to give back to the community. Typical traditions are donating food and volunteering at homeless shelters. The LCBA has always supported the Hispanic Bar Association’s annual Turkey Drive. Law firms are also part of the charitable donations.

Kelleher Law has sponsored the annual Holiday “Hoopfest”, a festive high school basketball tournament. The Spivey Law Firm continues to be the main sponsor of the ABATE of Florida, Inc. Southwest Chapter’s Annual Christmas Run to the Douglas T. Jacobson Veterans Home. This annual motorcycle run brings stockings stuffed with gifts to veterans.

And, of course, beyond the parties and community service, there are family holiday traditions that will continue.

Noelle Branning shares that her husband, Judge Robert Branning will be continuing the family tradition of making peppermint bark. Judge Branning’s peppermint bark recipe was featured in the December 2019 issue of Res Gestae. At the time, Judge Branning paraphrased Terrence Mann from “Field of Dreams” and explained, “Peppermint bark is all that is good, and it’s only three ingredients.

For me, simple is better.”

Judge Archie Hayward says, “In my household these are the most important traditions: 1) Never to be notified late as to when and where dinner will be served; 2) Never to be late for the holiday dinner prayer; 3) Never to not eat too much; and 4) And bless the cook and the dishwasher!”

Other places can have the snow.

In Southwest Florida, we still have seasonal cheer without the cold. Whether you’re the cook, the dishwasher, or both, have a joyous and merry holiday season and a Happy New Year!

December 2021

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special feature

Confidence is the antidote to social anxiety disorder

by keith grossman, esq.

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S

ince being approximately 5-years-old, Attorney Scot Goldberg started experiencing headaches, stomach aches, massive weight loss, weight gain, uncontrollable shaking, cold feet, restless legs, insomnia, and an overwhelming feeling of dread. The cause of these symptoms was unknown.

It is estimated that fifteen million American adults have social anxiety disorder. It typically begins in the early to mid-teens, though it can sometimes start in younger children or in adults. More than 75% of people experience their first symptoms during their childhood or early teenage years.

The symptoms can be visible, like a flushed face or chest, sweating, trembling or a shaky voice. The anxiety can cause headaches, stomach issues, upset stomach or nausea, trouble catching your breath, dizziness or lightheadedness, cold feet, erratic heart rate, stomach cramps, feeling that your mind has gone blank and muscle tension. Goldberg says, “All of these issues can be scary and very real.”

“From a toddler up, until after graduating from high school, I was tested for everything from cancer to IBS (Irritable Bowel Syndrome).

(I had) ct scans, upper and lower GI testing,” Goldberg says.

The overwhelming feeling of dread came from a “sinking feeling that no else understands or even believes you that you’re having these conditions.”

Goldberg was finally properly diagnosed in 1991, when he was a 20-year-old in college.

The diagnosis was social anxiety disorder.

Streyffeler explains social anxiety disorder is not diagnosed just based on the symptoms. She says the diagnosis is based on asking questions and “looking at the context of their whole life.” Many times the cause can be traced back to “some type of trauma”. She also says, “Most of the time, there’s a genetic predisposition.”

Dr. Laura Streyffeler, a licensed mental health counselor, says, Scot Goldberg, Esq. “People confuse being shy or being introverted as having social anxiety disorder. That’s not what it is. It’s where being around other people interferes, or significantly impacts, your ability to function.”

With social anxiety disorder, the person fears others are scrutinizing them and judging them negatively. They worry about embarrassing or humiliating themselves.

They also fear others will notice they appear anxious.

They may have low self-esteem and poor social skills.

Everyday interactions cause significant anxiety and selfconsciousness. As a result, they avoid doing things and speaking to people.

Streyffeler says, “Some people don’t want to even go outside their home or other ‘safe place’.”

The fear and anxiety lead to avoidance that can disrupt the person’s life. It affects relationships, daily routines, work, school and other activities. There’s also a concern that people with social anxiety disorder are at increased risk for suicide, substance use and major depressive disorder.

There are ways to successfully manage social anxiety disorder, primarily by learning coping skills in psychotherapy and taking medications. Getting help early always assists with treatment. The course of treatment helps the person gain confidence and improve their ability to interact with others.

Streyffeler says, “The disorder adds insult to injury because it makes people really feel like they’re broken, but they’re not, just struggling.”

Goldberg says, “Back then, it was still treated in the general population as a weakness, or a stigma. My family and friends would not let me view it that way. The help of a good therapist is the most important part of the puzzle for me. After finally being diagnosed, I was lucky enough to be referred to a psychiatrist who helped me with meds, and had me speak to a psychologist in his office.”

Streyffeler says the type of coping skills to use depends upon how old the person is, what type of support system

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special feature they have and the type of person they are. She says, “Just seeing a therapist isn’t going to make it go away. You have to do the work.”

feeling this way. It does not magically go away. Ever. It can return for good reason or for no apparent reason.

Treatment or no treatment.”

Streyffeler says people make the mistake of focusing on the diagnosis label. “They focus on the cause or on the symptoms, and don’t work on coping.”

When feeling anxious in a social situation, getting fresh air or some deep breathing can help. Streyffeler says, “Oxygen counteracts adrenaline, which is triggered by the ‘fight or flight’ response of the anxiety.”

Goldberg believes “confidence is the antidote to anxiety, even sometimes when you have to fake it”. He counsels you have to believe you will be alright and you shouldn’t “hide in your safe place to avoid the runaway thoughts and fears”.

Most people who have social anxiety disorder don’t want to speak about it. They want to hide it. One person characterizes talking about it publicly as “career suicide”.

Streyffeler says high-functioning professionals, such as attorneys, can be good at hiding the anxiety and putting on a strong public persona. She says they are able to do that because they may not feel vulnerability; rather, “they perceive themselves in a power position.”

“The safe place is usually at home, with only people around you that understand your condition. A familiar place is a safe place and will allow you to feel comfort. However, retreating there and not venturing Dr. Laura Streyffeler out is a slippery slope. When I did this, or still do this, I know that I am not helping myself or my illness.”

Streyffeler also point out high-functioning professionals can be proficient at developing “high coping skills”.

Other ways to reduce the impact of social anxiety disorder include exercising, meditating, journaling, managing time and energy by setting priorities and avoiding unhealthy substances, which can include caffeine or nicotine. Streyffeler says, “Working off that nervous energy helps.”

From his course of treatment, Goldberg has learned, “you have to be willing to accept the uncomfortable feeling you get from anxiety. Not fight it, but allow it to flow through you. Knowing that you will not feel this way for long, and it will not kill you. I know it sounds funny to say it will not kill you, but when you’re at your wits end, that’s how it feels.”

“I know that certain things will trigger the anxiety, so I am not looking for it, but at the same time, if it happens, I know what I can do to help myself. This is of great help to me mentally, and it also allows for other people with these issues to know that they are not alone. It’s ok to feel anxious, but always knowing you will feel better in time, and not to let it take over your life.”

“Even with treatment, you can still fall under these very real objective side effects of anxiety. However, treatment gives you hope. Hope is a very powerful tool when you have gone for years and no one could tell you why you’re

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Despite his condition, Goldberg is a successful trial attorney, manages a busy personal injury practice and meets with several clients and business contacts daily.

While social anxiety disorder is something Goldberg will always deal with, he wants other people with the same condition to know, “they can still continue to do great things”.

Goldberg believes it’s important to talk about anxiety to let people know it’s more common than they think.

He says, “The most important thing anyone can do to support people with social anxiety is to talk about it.

Get it out in the open. As a society we have to embrace the people that have this issue, as a way to understand and support what they are going through. In doing that, the people that have this are more likely to seek help.

The more people with this disease that are free to speak about it, the more it will help them assimilate back into society, as well as make those same people not afraid to talk about it. Hearing others talk about their struggles and their accomplishments about social anxiety just promotes others to come out into the sun and realize that there is a better way.”

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December 2021

14241 Metro Parkway, Suite 200 Fort Myers

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legal lens The Pro Bono Luncheon was held on October 15 at Sidney & Berne Davis Art Center.

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8 LeeBar.org

Photos courtesy of Jim Jett Photography

1. Hon. Archie Hayward, Ethel Wells, Hon. James Adams 2. Cynthia Duff, Blake Hampton, Kelly Fayer 3. Lee Golden, Blake Hampton, Kristin Dilorio 4. Hon. Zachary Gill, Kevin Karnes, Hon. Andrew Swett, Joseph Abreu, Travis Russell 5. Indera DeMine, Hon. Devin George, Hon. Tara Paluck, Karla Campos-Andersen 6. Blake Hampton, Connie Ramos-Williams 7. Hon. Kathy Smith. Hon. James Adams, Linda Doggett, Lauren Baugh 8. Hon. Carolyn Swift, Hon. Gilberto Perez, Hon. Tara Paluck For more pics, check out the gallery at LeeBar.org

Photo courtesy of Jim Jett Photography

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, PLLC. Boyle & Leonard & Anderson, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC. Calvo & Calvo, Attorneys at Law Camadeco Law Group Cole Scott & Kissane, P.A. - Fort Myers Coleman & Coleman, PLC. Freidin & Inglis, P.A. Garvin Law Firm Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg|Noone|Abraham Personal Injury Atttorneys Goldstein, Buckley, Cechman, Rice & Purtz, P.A.

GrayRobinson, P.A. Green, Schoenfeld & Kyle, LLP Hahn, Loeser & Parks, LLP Henderson, Franklin, Starnes & Holt, P.A. John Webb Legal Group, P.L. Kagan Law Firm Kelleher Law Knott Ebelini Hart Law Offices of Dennis L. Webb, P.A. Law Offices of Michael M. Raheb, Criminal Lawyer Law Offices of Scott T. Moorey Lee County Legal Aid Society, Inc. Light Path Law, P.A. Men's Rights Law Firm O'Halloran & Simmons, PLLC

December 2021

Osterhout & McKinney, P.A. Patrone, Kemp & Bentley, P.A. Pavese Law Firm Roetzel & Andress, L.P.A. Rubinstein & Holz Scarmozzino / King Trial Lawyers Sheldon E. Finman, P.A. Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Spivey Law Firm, Personal Injury Attorneys, P.A. Strayhorn and Persons, P.L. Viles & Beckman, LLC Wilbur Smith, LLC Zinn Law If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.

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the dish

since 1976, Lawhon's Grocery has o fresh meats and home-town cust by lauren baugh

I

f you are from Lee County, I imagine you know of Lawhon’s Grocery, or have heard of it. Although I have heard people speak of it many times, I had never ventured to its location in North Fort Myers. When I recently needed to find a tomahawk steak, though, I called several local butchers, and they referred me to Lawhon’s Grocery. When you are the business other local shops refer customers to, you know you are doing something special. I soon learned Lawhon’s Grocery is a true gem among us.

at the same location! The two just don’t roll off the tongue together. Imagine being given the task to find a tomahawk steak and being told the gas station on Bayshore was the spot you needed to go.

I drive up to the gas station, and it is busy, really busy. I walk in thinking I am going to find a typical gas station convenience store. This assumption could not be further from the truth.

I am greeted by smiles of employees and patrons alike. I see the typical items: cigarettes, sodas, snacks, beer, etc.

When I drive in North Fort Myers, I expect to see many gas stations and commercial and agricultural property. What I don’t expect is to get $40 on pump number 2 and amazing quality fresh meats

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As I walk in another ten steps, I realize quite quickly this is going to be a fun errand. I look down the aisle, and they have a huge selection of cold house-made sandwiches.

All your freshly sliced deli meats and cheeses are right there as you walk in. You can also get homemade mac n’ cheese, BBQ baked beans, collard greens, pulled pork, fresh fried fish, fresh fried chicken and the list goes on. That is just lunch service, and they also serve a bunch of homemade breakfast items in the morning.

As if that is not exciting enough (the smell of freshly fried chicken is enough to make your mouth water for sure!), I walk past those items and look to my right.

LeeBar.org

offered quality tomer service I see a wall of fresh and local produce, plus every kind of beef, pork and chicken cut you can think of, and I mean every cut! They offer a wide variety of meat packages for any size family at very reasonable prices.

Need fresh hotdogs for your holiday BBQ? They have them.

Need fresh pork sausage for your breakfast? They have that too!

Laurine Belanger, daughter of the original owner Richard Lawhon, and her husband Larry.

little to no seasoning. Not sure how to cook the steak? They will tell you. Want it cut right off the bone to a certain thickness? You guessed it; they will do it.

The staff behind each counter is super friendly and knowledgeable, but the butcher counter crew has become my favorite. If you call ahead and ask them to set something aside, they will do this for you.

If you have the chance to go to Lawhon’s Grocery, you should go. You will not regret anything, except not bringing a larger cooler to haul your treasure home!

Need fresh, local, thick cut bacon? Yep. They have it!

But the steak…these steaks are the perfect picture of marbled steaks, and I can tell you from my recent experiences with these steaks (I have been back each week), they are full of flavor. You need

lawhonsgrocery.com | 239.543.1255 9491 Bayshore Rd. North Fort Myers, FL 33917 Monday – Friday: 5:30am – 7pm Saturday: 7am – 7pm Closed Sunday’s Photos - opposite page: tomahawk steak; middle top: chicken philly sandwich; middle bottom: buffalo chicken sandwich; left: scrambled egg breakfast meal with fresh bacon

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

December 2021

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new members Wendi Braswell, Esq.

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Leonard P. Reina, Esq. mediator

239.263.2059 ■ LReina@LPReina.com RES GESTAE

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judge spotlight

Hon. Shannon McFee

1. I have a collection of books about each of the 46 Presidents of the United States. I have purchased books by different authors over the years when I find them.

2. In order to avoid having college roommates believe they were entitled to my pizza, I began ordering anchovies on the pizza. (I know, it’s pretty selfish). I now enjoy anchovies on my meatball subs as well. It is my version of surf and turf.

3. I am half Spanish. My mother was born and raised in Spain and met my father while he was in the Air Force and stationed in Spain. One of my daughters now lives and teaches English in Madrid, Spain.

4. I raised daughters through the 1990s and 2000s. I have an unnatural recollection and appreciation for all the Disney Princess songs that we listened to on Disney’s Greatest 3-CD set during our car rides. It didn’t matter which song came on; we knew them all. My daughters are now 29-, 27-, 24- and 22-years-old.

5. I referee high school football games on Friday nights. I’ve done it for over 30 years. I used to officiate basketball also. At one time in my life, I may have been considered an athlete. Not so much anymore...

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December 2021

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member spotlight

Kevin Karnes (COO, Lee County Clerk's office)

1. I am a twin, the oldest by two minutes! My twin brother is my polar opposite, and we have not been able to find any other twins in our family. I also have another brother and two sisters. They all live in Northeast Florida.

2. I am deaf in my left ear, and my twin brother is fully deaf. We were born deaf, and the doctors attributed it to being born premature. My whole family knows American Sign Language.

3. I have never lived in another state. I grew up in Baker County, Florida, which is near Jacksonville. I moved to Lee County in 2006 to attend Florida Gulf Coast University, and I never moved back. I also have a Masters from American Public University.

4. I once drove in a presidential motorcade. It was President Donald Trump’s motorcade when he visited our area to observe the destruction from Hurricane Irma. The experience was awesome!

5. I am deathly afraid of birds! It is a long story, and let’s just say it was a bad experience putting 10-15 chickens back into their cage, which they escaped from. I haven’t recovered since.

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in the news Dal Lago Law is pleased to announce Jennifer Duffy has joined the firm as an associate attorney. Duffy focuses her practice on bankruptcy and business law. She works together with her clients to facilitate the formation of a new business and to maintain that business throughout its lifespan. Should the need ever arise, Jennifer will guide clients through the Chapter 11 bankruptcy process in an effort to reestablish a business’ successful endeavor.

Grant Fridkin Pearson, P.A. sadly reports that its longtime colleague, partner and friend, David G. Budd, passed away on October 27, 2021. David was a practicing lawyer and member of the Ohio and Florida bars for well over 50 years combined, most of which were in Collier County. He loved the practice of law, took great pride in our profession and was loved by his clients. David is survived by his wife of 57 years, Barbarann, daughter Anne and son David.

Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce Monique Lopez has joined the firm as an associate in the Tort & Insurance Litigation Department. Lopez has over 20 years of experience in the legal industry, having worked as a legal assistant in Henderson Franklin’s family law department before enrolling in Ave Maria School of Law. Today, Lopez represents individuals and insurance carriers involved in civil litigation, with an emphasis on construction defects, personal injury, and premises liability matters. She is fluent in English and Spanish.

Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that litigation attorney Monica Schmucker has completed arbitrator training and is now a Florida Supreme Court Qualified Arbitrator. She achieved this certification during “Mediation Week” (October 17-23), a week proclaimed by Chief Justice Charles Canady to mark the importance of alternative dispute resolution being an effective substitute to litigation. Schmucker uses her experience to assist clients throughout Southwest Florida in the defense of negligence, personal injury, premises liability, vehicle negligence, and wrongful death claims.

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Our Dedicated Service Defines Us.

Our personal injury team advocates for the most vulnerable -- individuals who have suffered serious injuries or death. We’re deeply committed to protecting our youth, supporting families and building a safer community for all who call Southwest Florida home.

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