Res Gestae - December 2022

Florida Bar Updates Advertising Rules

FINDING THE SILVER LINING

The community and country come together to help SWFL

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

United We Stand...

For the Accused

All Criminal Charges, Felonies and Misdemeanors, State & Federal

Aggressive Criminal Defense

Over 150 Years of Combined Experience

239.277.5297 MuscaLaw.com Attorney John Musca 21 Year Veteran Defense Attorney

2200 Martin Luther King Blvd.

Fort Myers, FL 33901

table of contents on the cover

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ad directory

Finding the Silver Lining Keith Grossman, Esq.

Agoston Law Group

special feature

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Florida Bar Updates Advertising Rules Keith Grossman, Esq.

ON PAGE 20 On the cover: the iconic Sanibel lighthouse after Hurricane Ian Cover photo credit: Sanibel Captiva Chamber of Commerce Facebook page.

departments 6

26 Community Connection

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AIM Target Programs, INC

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Aloia, Roland, Lubell & Morgan, PLLC

IBC

Boy Agnew Potanovic Miller

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Brazzeal Mediation

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Business Observer

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Christina Mehta, LLC Realtor

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CONRIC pr + marketing

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Dal Lago Law

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DeMine Immigration Law Firm

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Donna Lugar

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Edison National Bank

BC

First Presbyterian Church

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Frank Piazza, P.A.

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Gulf Coast Business Bank

IFC

Hahn Loeser & Parks LLP

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Law Firm of Scott T. Moorey

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Law Offices of Dennis L. Webb

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Robert Cooper/GCHS

LCBA

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Iman Zekri, Esq.

LCBA

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LCBA

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29 100 Club

McHale, P.A.

27 3

10 Calendar of Events

30 The Dish

Musca Law Office, Inc. Perado Technologies

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12 Ethically Speaking

Lauren Baugh

Ringsmuth, Day & O'Halloran

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Letter from the President

Tiffany Pereira, Esq.

Letter from the Executive Director Lauren Baugh

Henry Lee Paul, Esq.

16 Practice Section Immigration Law

18 Nonprofit Spotlight Unmasked Heroes

28 New Members

Prime 239

32 5 Things You Don't Know About Me

Michael Lehnert, Esq.

34 In The News

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Roetzel & Andress

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Senior Advocacy Group

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Sheldon E. Finman, P.A.

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Spivey Law Firm Personal Injury Attorneys, P.A.

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Stockman Mediation

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The North Law Firm, P.A.

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Wright Mediation

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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: LBaugh@LeeBar.org or 239-334-0047.

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Roetzel & Andress

LeeBar.org

Spivey revised ad waiting on client approval

Randall L. Spivey is: Board Certified by The Florida Bar as a specialist in Civil Trial law (2001 – present) Rated AV Preeminent by Martindale Hubbell, the highest rating a lawyer can receive Selected to the Florida Super Lawyers list

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president's letter Tis’ the season to be jolly… and we are doing just that at the LCBA! With 2022 rapidly ending, preparation is underway for an exciting new year. Time has flown by, and I feel like we are just getting to work on all the plans we had for this year.

LEE COUNTY BAR ASSOCIATION administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

executive council PRESIDENT

SECRETARY

Tiffany Pereira, Esq.

Peter Knize, Esq.

VICE PRESIDENT

TREASURER

As we began 2022, we hit the ground running, continuing our traditional events, and enjoying new ones. One event I hope carries on is our Burritos with the Bench event, where members shared lunch with the judiciary in a purely social environment.

Spencer Cordell, Esq.

Hon. Kathleen Smith

We also joined several other state voluntary bars to honor John Agnew, who was recognized as the 20th Circuit honoree for Broward County’s Florida Patriot program, which honors legal leaders who are also veterans. I hope to see more collaboration between our bar and other VBAs. We expanded our CLE offerings, hosted practice section events, and planned our largest Bench Bar Gala and Holiday Party. While you will have to wait until next year to see what tricks we had up our sleeve for the Gala, I promise it is worth the wait!

BENCH-BAR GALA

LAW WEEK

Diana "Dawn" Maselli, Esq.

Hon. John S. Carlin

DIVERSITY AND INCLUSION

LCBA FOUNDATION CHARITY GOLF TOURNAMENT

It seemed like when we returned from summer break, we were finally able to shake the phrase “unprecedented times”; alas Hurricane Ian struck us. I am proud of how our community came together and amazed by the generosity of our members. While the storm’s implications will affect many families for years, we put our best foot forward each day.

YLD President - Katherine Camadeco, Esq. President Emeritus - Blake Hampton, Esq. BOARD MEMBERS

Travis Russell, Esq. John Miller, III, Esq.

committee chairs

Kelly L. Fayer, Esq. and Ita Neymotin, Esq. HEALTH AND WELLNESS

John Miller, Esq. and Hon. Kimberly Davis Bocelli HISTORY

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

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MOCK TRIAL

Shaina Zuppke, Esq. and Eunice Gedeon, Esq. PARALEGAL

Rich Haberle

LAW RELATED EDUCATION

PRO BONO

T. Rankin Terry, Esq.

Andrew Banyai, Esq. and Michelle Trunkett, Esq.

ALTERNATIVE DISPUTE RESOLUTION

IMMIGRATION LAW

Anne Dalton, Esq.

Indera DeMine, Esq. and Nirupa Netram, Esq.

APPELLATE LAW

Alex Brockmeyer, Esq.

INTELLECTUAL PROPERTY

CORPORATE LAW

Mark Nieds, Esq. and Holly McFall, Esq.

Alicia Olivo, Esq. CRIMINAL LAW

Kathleen Fitzgeorge, Esq. and Agnieszka Osowicka, Esq. ELDER LAW

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

Kayla Richmond Miller, Esq. and Danielle Seitz, Esq. GENERAL CIVIL AND BUSINESS LITIGATION

Carlos Kelly, Esq. and George Knott, Esq.

LAND USE AND GOVERNMENTAL LAW

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

Kenneth Kemp, Esq., Peter Knize, J.D., L.L.M., and Robin D. Merriman II, Esq. SOLO & SMALL FIRM

Jarred Duke, Esq., John Webb, Esq. and Robin Merriman, Esq. TORT LITIGATION

Dawn Maselli, Esq. and Diana Castrillon, Esq.

Tiffany Pereira, Esq. 239.332.1181 | thepereiralawfirm.com

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

practice section chairs

I thank our board members for all their hard work, dedication and service. You are all truly amazing people, and I am honored to work with you. As many of you know, our Executive Director, Lauren Baugh, doubles as my best friend. Lauren, you work tirelessly behind the scenes, and I want to thank you for going above and beyond each year, somehow making each one better than the last for our members. You are a force, and we are lucky to have you!

Finally, thank you to our members, sponsors, affiliates, supporters and friends for your continued support of the LCBA. We would be nothing without you, and I will forever be grateful for each one of you who helped make this year a success. It has been an honor and privilege to serve in this capacity, and I can’t thank you all enough for the opportunity. I wish you the best in 2023 and beyond.

Andrea Pleimling Smith, Esq. Diana "Dawn" Maselli. Esq.

LeeBar.org

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executive director's letter The December Executive Director’s Letter is the hardest to write. It is the last chance I get to talk about the year. There are many noteworthy comments, and I cannot possibly express them all in this small space.

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

Instead, I will do a full summary at our annual Holiday Party, which will be held on December 8 at the Burroughs Home and Gardens. It will be unlike our previous holiday parties. Since we were unable to host our Annual Bench Bar Gala, we upped the ante for you. We will feature a delicious buffet reception catered by our favorites, Mike and Karen Gavala of G3 Catering. We will also have a live cigar roller, who will custom roll an LCBA cigar for you! Please register at www.leebar.org.

PUBLISHER

Connie Ramos-Williams | 239.690.9840 Ext. 1001

EDITORS-IN-LAW

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

MANAGING EDITOR Keith Grossman, Esq.

CREATIVE DIRECTOR

April Bordeaux | CONRIC pr + marketing

ADVERTISING ACCOUNT EXECUTIVE Ryan Gonzalez | advertising@conricpr.com

YLD is hosting the Holiday Fiesta at Millennial Brewing. It is free for everyone, with the caveat that you bring a brand new and unwrapped superhero figurine or toy to donate to Heroes Unmasked. It is a not-for-profit started by an LCSO bailiff and his wife.

FEATURE WRITER Keith Grossman, Esq.

CONTRIBUTING WRITERS Tiffany Pereira, Esq. Lauren Baugh Henry Lee Paul, Esq. Iman Zekri, Esq. Indera DeMine, Esq. Michael Lehnert, Esq.

The last few years, we have been dealing with various things.

One year, it's COVID; the next, it’s inflation; and now the wrath of Ian. Each year, we pivot, and we get more creative.

We have put on some amazing CLEs this year and will bring that to 2023 as well. If you have any ideas for CLE content, or would like to speak at one of our Section meetings, please reach out to me. I would love to get YOU, the members, sponsors, partners and the like, more involved. If you would like to take on the role of Chair or co-Chair for one of our Sections or Committees, let’s talk. We’re always welcoming new faces and ideas.

We are looking for your support in 2023. How can you support the LCBA? Well, the easiest answer: Annual Sponsorship! What a great way to get exposure to your company, brand and product. We love our sponsors and partners! Not sure if your company is a fit? Let’s talk! We offer a wide variety of ways to support the LCBA. I thank all of YOU: our board, Mairelis (the quiet Executive Assistant that answers your phone calls and checks you in at each event), each member, our vendors and most of all, our sponsors. Your unwavering support is what keeps this association thriving. Here is to another amazing year. 2023, we are coming for you!

CONTRIBUTING PHOTOGRAPHER Jim Jett Photography

BILLING INQUIRIES 239.334.0047

Res Gestae is an award-winning magazine published monthly by CONRIC pr + marketing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to resgestae@leebar.org.

We make every effort to ensure the accuracy of the information published, but we cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae or CONRIC pr + marketing.

Copyright©2022 Lee County Bar Association Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission from the Lee County Bar Association. To inquire about such permission, please contact the Lee County Bar Association at Info@LeeBar.org.

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

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5237 Summerlin Commons Blvd., Suite 307, Fort Myers, FL 33907 239.690.9840 | ConricPR.com | Info@ConricPR.com LeeBar.org

Criminal Defense Lawyers upholding our reputation for success and defending the Constitution for a combined 100 years.

Admitted to practice in Southern District, Middle District and United States Supreme Court Litigated cases throughout the United States

Some of our achievements: Former 20th Judicial Circuit

Elected State Attorney Former President of the Lee County Bar Association Former Chair of the Florida Bar Grievance Committee 20th Judicial Circuit Former City Attorney of Fort Myers Original Master and Founding Member of the Calusa Inn of Court Voted 2017 Lawyer of Distinction-Top 10% in the United States Former Lee County Court Division Chief of the State Attorney’s Office Founding Member of National DUI College Thompson Reuters Super Lawyer AVVO “10” Rating by Reviews Death Qualified for Death Penalty Cases “AV” Preeminent Rated by Peers in Legal Ability and Ethical Standards Former Head of the Hendry/Glades County State Attorney’s Office All 3 Partners Voted by peers as SW Florida’s Top Lawyers in Naples Illustrated Collier County Lion of the Law Judicial Award for Professionalism Former Lee County Circuit Court Division Chief of the State Attorney’s Office 2020 Top 40 Under 40 National Trial Lawyers Current Member of the Florida Bar Unlicensed Practice of Law Committee 20th Judicial Circuit Current Board Member of the City of Fort Myers Police Citizen Review Board All Partners were Former SWFL Prosecutors Former Deputy Public Defender, Head of the Homicide Unit and Child Victim Crimes Unit Voted one of Gulfshore Life’s Top Lawyers in SWFL Media appearances on Dateline, NBC, Fox, CNN, Dr. Drew, News-Press, Naples Daily News and USA Today. ◆

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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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LCBA YLD Holiday Fiesta

5:30 - 8:30 p.m.

Location: Millennial Brewing FREE with a brand new and unwrapped superhero figurine/toy to be donated to Heroes Unmasked! Each toy gets you a raffle ticket. Raffle prizes are various gift cards to local businesses. Come on out for beer, food, and good times!

Register: Leebar.org

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Christmas Eve Holiday (observed)

LCBA and courts closed

Christmas Day Holiday (observed)

LCBA and courts closed

LCBA Holiday Party

5:30 - 8:30 p.m.

Location: The Burroughs Home and Gardens Music, cigar rolling, great food, delicious libations, great company and more!

LCBA Members FREE | NON LCBA Members $25 For more information and to register: LeeBar.org

Hello December &

Happy Holidays

Visit us online at LeeBar.org to see more calendar items and RSVP for upcoming events.

Would you like to submit an event? Email your event submission to ResGestae@LeeBar.org.

Thank You to Our 2022 Annual Sponsors

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LeeBar.org

For over 30 years, we have been representing clients in Accident and Injury cases.

Attorney Joe North

Attorney Joe North

Attorney Joseph North

Hurricane Property Damage Claims Car & Truck Accidents Motorcycle Accidents Drunk Driving Accidents Serious Injury Cases Paralysis Cases Apartment Shootings Gun Violence Cases Courtroom Trials Workers’ Compensation Wrongful Death Cases Pedestrian Accidents Bicycle Accidents Dog Bite Cases Negligent Security Cases Slip and Fall Accidents Settlements

Attorney Joseph North

(239) 337-1191

TheNorthLawFirm.com December200 2022 | Fort Myers, FL 33912 RES GESTAE 11 14241 Metro Parkway, Suite

ethically speaking

Scope of professionalism is challenged in discipline case by henry lee paul, esq.

O

pposing counsel in a family law case were both charged with unprofessional conduct by The Florida Bar. One of these Respondents is challenging the authority of the Supreme Court to impose discipline for uncivil conduct. The conduct includes uncivil communications between the opposing counsel. Both cases were pending as of the submission of this article.

The complaints against each Respondent are similar and the charged violations include the civility provision of the Oath of Admission, Rule 4-8.4(d) (Conduct Prejudicial to the Administration of Justice) and Rule 4-3.4(c) (Disobey Obligation of Tribunal). It is notable the complaints further allege a violation of the “Bounds of Advocacy” published by the Family Law section, which was incorporated into a local standing family law court order, and was thereby elevated to a cause for discipline.

The Respondent in The Florida Bar v. Leigh, SC2022-1078, has presented an aggressive defense challenging the authority of the Court to impose discipline for the alleged uncivil conduct. Respondent asserted that the uncivil and angry communications in a phone call with opposing counsel were beyond the scope of conduct for which

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discipline may be imposed.

In a Motion for Summary Judgment, the Respondent asserted in relation to this phone call, “It was a private conversation between the two individuals that lasted approximately three minutes wherein Respondent advised [opposing counsel] to not treat his [Mr. Leigh’s] staff poorly.

The Florida Bar should not be allowed to regulate speech between two attorneys that have nothing to do with a case and does not contain speech that is not protected by the constitution such as hate speech or speech that incites violence.

Where does it stop. If the Respondent said the same thing at a football game, The Florida Bar would have one believe that this is unethical.” He also claimed The Florida Bar was acting as the “speech police”.

The legal question posed by Respondent regarding the limits of regulation of lawyer conduct has essentially been answered by the Supreme Court. In The Florida Bar v. Sayler, 721 So. 2d 1152 (Fla. 1998), the Court has unequivocally stated that “The First Amendment does not protect those who make harassing or threatening remarks about the judiciary or opposing counsel.”

It is unknown how Mr. Leigh will fare LeeBar.org

in his defense. Each case turns on an evaluation of the facts as applied to the legal standard. However, the assertion of first amendment protections in defense of allegedly uncivil conduct has not fared well in lawyer discipline cases.

The scope and seriousness of discipline for unprofessional or uncivil conduct has continued to expand. The requirement of civility is no longer aspirational. Lack of professionalism is now subject to serious sanction. The Supreme Court continues to give meaning to their admonition in The Florida Bar v. Norkin, 132 So. 3d 77 (Fla. 2013) that it will “…not tolerate discourteous and unprofessional behavior.”

Only the Court can determine where the application of the obligation for lawyers to act with civility will stop.

Henry Lee Paul, Esq. is a former Bar Counsel for the Florida Bar who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.

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239-332-4543 RespectfulDivorces.com 2134 McGregor Blvd., Fort Myers, Fl 33901 December 2022

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LeeBar.org

Exceeding Expectations.

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Bet-the Company Litigation

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immigration law practice section

Immigration Practice Section hosts Immokalee students at the courthouse by indera demine, esq.

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n April 14, 2022, the Immigration Practice Section, in collaboration with the Immokalee Foundation, hosted 19 students from Immokalee at the courthouse in downtown Fort Myers.

This event was organized with the goal of exposing students to the various employment opportunities available within the field of law. We wanted the students to be able to see how diverse a law career can be.

The students met with judges, lawyers (including a prosecutor and a public defender), bailiffs and representatives from the clerk’s office. The judges talked about their journey to the bench. Each speaker spoke about their journey in their

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careers, the challenges, and the rewards of a career in law.

up to the speakers, asked questions and even shared their future career goals.

The students had an opportunity to ask questions, explore the courtroom and even sit on the bench! We had one student who had the opportunity to wear Judge George’s robe and feel what it felt like to sit on the bench as a judge. Such an experience is life changing.

After the courthouse experience, the students went to the Collaboratory where they toured the building and met with Collaboratory staff to speak about scholarship opportunities available at the Collaboratory.

For the students to see themselves in these positions is so important to reinforce that it does not matter where you come from or what your economic standing, you can achieve anything and be anyone you want to be. Many of the students come from immigrant families and had little exposure to the law. The students, while hesitant at first, opened

LeeBar.org

This event would not have been possible, without the support and coordination from the 20th Judicial Circuit Court. We want to thank Judge Devin George, Judge Robert Branning, Clerk of Courts Kevin Karnes, Deputy Robert Cannata, Deputy Chaz Bucci, Assistant State Attorney Jennifer Justham and Assistant Public Defender, Sara Ghassemi.

December 2022

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nonprofit spotlight

Heroes Unmasked is making a difference “Together They Rise”

H

eroes Unmasked is a non profit organization based in Southwest Florida and was founded by Michael and Maria Elkady with the goal of rendering aid to all children who are unwell. The organization is a group of caring individuals wearing costumes resembling superheroes. They make appearances at hospitals and residential homes throughout Florida.

The vision of the organization is to partner nationally with companies to benefit all children who have illnesses, providing aid spiritually and emotionally during treatment.

They have visited 992 children to date at no cost to families.

In addition, they bring each child a new toy and help alleviate medical expenses for families in need as they drive the miles for the smiles.

Heroes Unmasked is calling on all heroes within the community to join their alliance of fighting evil, known as ailments in children.

Their commitment is to ensure every child has a brighter tomorrow.

They are actively seeking donors, sponsors, volunteers and board members to support their mission as it’s the community that brings their vision to reality.

heroesunmasked.org

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LeeBar.org

Mediation. Arbitration.

Virtual or In-Person.

Board Certified in Civil Trial Law by The Florida Bar Represented Plaintiffs and Defendants Former Plaintiff-side Personal Injury Attorney Former Medical Malpractice Defense Attorney Southwest Florida Resident Since 2005 Office in Collier County, Florida

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Chad@BrazzealMediation.com

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December 2022

Schedule Online

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Finding our Silver Lining after Hurricane Ian by keith grossman, esq.

H

urricane Ian, with its unexpectedly high storm surge topping 20 feet, grueling ten hours of heavy rain, and strong wind gusts that exceeded 190 miles per hour, ripped through Lee County with a vengeance, leaving catastrophic destruction in its path. Neighbors and loved ones lost their homes, cars, businesses, personal belongings, and even their sanity and hope. Rather than give up, however, our community, our state and our nation came together to recover and rebuild. In the aftermath of the storm, we are showing our resilience, and we are certainly showing our humanity.

Hurricane Ian ultimately made landfall on September 28 at Cayo Costa. It battered the coastline from Naples to Sarasota.

Heroes were born during this storm, bridges were rebuilt, and power and hope gradually restored. It will take time to fully recover.

Many are finding the silver lining, though, and looking forward to a fresh new start and rebuilding stronger than ever.

Some of our members have shared their personal stories of the storm’s impact, as well as the silver linings they have found.

“After much deliberation we’ve decided to relocate to Orlando.

Hurricane Ian provided us with an opportunity to start over: new house, car, job, clothes, furniture, everything. And, most importantly, to be closer to family. Although it can be a bit terrifying at times, we are absolutely excited about this new adventure. However, this decision wasn’t made lightly. I was born and raised in Fort Myers and have been in that same house since 1987. Sage and Grey had the same bedrooms as I did as a kid. We played in the same yard and fished in the same water. This will always be ‘home’ to me. And although Noelle is a transplant from New England, SWFL has been her home for 15 years too. To say this is bittersweet is an understatement... We love you all. You all have touched our lives in one way or another. The outpouring of love and support this past month has been just amazing – which makes this decision that much harder. But we know this is a good move for our family and consider this the silver lining in all of this.”

Toni Peck’s home is in the Moody River area, not far from Guirguis. Her family stayed in their home during the hurricane because “we never had flooding during any storms before.”

Vernon Guirguis told me, “My house is a complete loss so I will likely be knocking it down and selling the lot.”

Guirguis additionally posted on Facebook,

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Vernon Guirguis LeeBar.org

Peck described a harrowing experience where everything seemed fine well into the storm when they finally lost power and

internet. She said, “Thirty minutes later, water started coming through the front door.”

and destruction, though. It’s also a story of humanitarian efforts.

Her family, which includes four children and three dogs, made the choice to use their kayaks to get to higher ground. It required multiple trips in the midst of the storm, each trip taking approximately 10 minutes.

Baugh said, “The LCBA has partnered with several other Voluntary Bar Association’s (VBAs) in the state to make sure we had access to things during the hurricane, like gas, bottled water, diapers, propane, and hot meals. Many of my VBA leader friends came down or sent help down. Scott Westheimer played a key role in that effort. He, himself, drove down items for a local attorney and her family who lost everything in their home.

Braulio Rosa, with the Broward County Bar Association (BCBA), and Diana Castrillon, a member of both LCBA and BCBA, came with two truckloads of items for the Salvation Army and Red Cross to help Lee County at large! Melissa Byers, from the St. Pete Bar Association, has offered our membership free CLEs while we get back on our regular track and offer our own. She has also been moral support for me. Teresa Conte, with Clearwater Bar Association, has checked in on me most days in the last month to make sure I am ok and that we do not need anything. Holly Lipps, with the Sarasota Bar Association, has also been a key player along with Scott Westheimer to ensure that if we needed items, they got delivered to us. Anisha Patel, her husband, Mitesh, and Iris Elijah also made it to Tiffany to bring her all kinds of supplies, as she gave birth to her daughter days before the hurricane. These supplies also included bottles of water for me and my family, as I was not able to find any at any of the grocery stores near me. There have been many more that have assisted us behind the scenes as well.”

Fortunately, Peck’s family is safe. They are temporarily living at her parents’ home, and she hopes she’ll be able to remediate the water damage and move back into her house.

Danielle Levy Seitz also had water intrusion in her home. She told me, “We had to gut our entire first floor. It will take some time to rebuild, but we are fortunate to be safe and have family nearby that can take us in while we rebuild.”

Toni Peck

LCBA Executive Director, Lauren Baugh, also had major damage. She is continuing to live in her home while determining her options.

She told me, “During the hurricane, I lost my AC unit and parts of my roof. Half of the AC unit literally flew off the roof of my townhouse and went who knows where. The other half fell on its side, broke itself and tore my roof Danielle Levy Seitz open. I am currently having to argue with both my HOA and insurance company as my HOA bylaws are not written clearly. Neither I, nor my insurance company, can truly decipher who is responsible for the roof. My townhouse is connected to three other units, and my roof is the only one with damage. It has caused problems because no roofers want to come out and even bid my roof work, as they cannot warrant one-quarter of a roof. Which means, I do not have AC in my home. I am humbled indeed by those who have lost everything, and that is what I think about when I am Lauren Baugh feeling frustrated with no AC.” Baugh also explained to me the damages suffered by the LCBA. “We were closed for two weeks due to lack of power and internet.

When the power came back on, the AC was not functioning, and the landlord fixed that.

Then the internet came back on, and our network was fried, so we had our IT company restore it and get us back up and running.

While I worked from home, I was limited to only email with no access to my network until the IT company fixed it.”

Hurricane Ian is not only a story of devastation

“I continue to field calls from those who I am close within the VBA world to ensure those who need it get help. While we do not have excess of funds to give out, we have partners in the state’s VBA world who are willing to help where they can.”

“We have also partnered with the LCBA Foundation and are collecting funds to assist those legal eagles in our Circuit who need help.”

Joseph Abreu December 2022

Joseph Abreu, Lee County Clerk of Court Chief Communications Officer, said, “We had eight employees displaced because of the storm, some of whom lost everything. We have been collecting items to help them and our RES GESTAE

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community since the hurricane. We’ve also been encouraging our team members to volunteer their time.”

He continued, “The Clerk’s office is dedicated to uplifting our community. We are a pacesetter agency with the United Way, and our employees donate thousands annually. This year, we are set to donate over $27,000, which helps fund the American Red Cross local chapter, 211, Harry Chapin Food Bank – and countless programs that helped during and after the hurricane.

Hopefully we can top that in 2023 with Clerk Karnes as the Pacesetting co-chair with Tax Collector Noelle Branning.”

•

Governor Ron DeSantis activated the Florida Small Business Emergency Bridge Loan Program, making $50 million available with at least $10 million going to small businesses that are agricultural producers impacted by Hurricane Ian. The program, administered by the Florida Department of Economic Opportunity, provides short-term, zero-interest loans to small businesses that experienced economic injury or physical damage due to Hurricane Ian

•

Through October 21, the American Red Cross deployed more than 2,700 workers. It also provided relief supplies to more than 19,000 households, served more than 1.4 million meals and snacks and provided more than 3300 overnight stays in emergency shelters

Samples of other organizations who stepped up to assist our community included: •

United Way of Lee, Hendry, and Glades Counties partnered with the Collaboratory to create the SWFL Emergency Relief Fund

•

•

Midland Trust also partnered with the Collaboratory to create a $10,000 Hurricane Relief Fund

World Central Kitchen, the nonprofit organization backed by celebrity chef Jose Andres, began mobilized chefs to get food to first responders and residents

•

•

Through October 31, the Harry Chapin Food Bank received almost 6,126,000 pounds of food and distributed over 4,327,000 pounds of food

Public Defender Kathy Smith, and her employees, aided in repairs and rebuilding efforts for individuals. Peck was one of the recipients of those efforts. She said they helped tear out her walls and pack her belongings. They also assisted in getting her a generator.

•

Airbnb launched a resource for Florida residents displaced

by Hurricane Ian. They created a page that shows open (vacant and available for rent) properties available outside the FEMA Disaster zones

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Peck said, “They really came through for us and really helped us.” If you are experiencing difficulties, please reach out to Lauren Baugh. She will be able to help point you in the right direction to get you help.

LeeBar.org

Vicki Sproat

John Agnew

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Although employment law is our primary focus, we also handle many other business and government-related matters.

Our roles include serving as city attorney and board counsel to public entities, providing proactive counseling and document preparation, and representing clients in mediation, arbitration, and litigation. We like to stay ahead of problems, providing general counsel, advice, and alternative solutions to issues with the aim of maintaining compliance or otherwise resolving conflict outside of litigation. When litigation is desired or unavoidable, we have extensive experience in disputes involving contracts, real estate, construction, commercial leases, insurance defense, break-ups, among other areas. and business b

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special feature

Reviewing Florida Bar advertising rules used the name “Pitbull” on his business cards and office door. by keith grossman, esq.

O

n October 26, 2022, the Florida Bar Board of Governors agreed with the Bar staff opinion that a North Florida law firm’s TV ads, which feature child actors portraying insurance agents, are not permissible under Bar rules.

The children, acting as insurance agents in the ads, are intimidated by the law firm’s tough reputation. In the ad, a firm lawyer states, “remember the name that they don’t want to hear: [the name of the firm].”

In 2005, the Florida Supreme Court ruled that the use of pit bull and a pit bull’s image harmed the legal profession. It stated that using the phrase and image in advertising did not assist the public in making an informed decision before hiring an attorney. The Court also said invoking the pit bull demeans lawyers. Therefore, it harms the legal professional and the public’s confidence and trust in the justice system.

Bar staff determined the ads are “inherently deceptive or misleading and impermissible under Bar Rule 4-7.13(a)”, and a comparison of a lawyer’s services that “could not be objectively verified” in violation of Rule 4-7.13(b)(3).

Marketing and advertising are important ways in which attorneys generate business. However, the Court and the Bar’s rules weigh the need to generate business against the public interest. The Bar’s Rules of Professional Conduct set out an extensive amount of restrictions.

Attorneys and law firms are responsible for researching and following the advertising rules in each state in which they advertise.

In 2005, and then again in 2021, lawyers who used pit bulls in their ads were in trouble with the Florida Bar. In 2021, the lawyer in question had advertised as the “Pitbull Lawyer” on numerous platforms. These platforms included online websites, blogs, Facebook, and an advertising wrap on a boat. He also

Sometimes the regulations change. For example, in 2014, following a federal judge’s ruling and results from a Barsponsored survey, the Bar dropped advertising guidelines that said it was inherently misleading to include past amounts that clients have won in lawsuits in television, radio, and billboard

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advertising. The results have to be “objectively verifiable”.

The Bar president at the time, Greg Coleman, also said it was time to review other parts of the Bar’s advertising program, including the requirement that most ads be submitted to the Bar for review before they are published or aired. Under Rules 4-7.19 and 4-7.20, there are still requirements for submitting unsolicited direct mail and direct email advertisements and television, radio, print, and internet advertisements (except for lawyer or law firm websites) for review.

Certain advertising is excluded from the review requirements. They are characterized as exempt under Rule 4-7.20. These types of exempt ads include “Tombstone” ads, legal listings, and professional announcements, to name a few.

The Bar’s Standing Committee on Advertising publishes the Handbook on Lawyer Advertising and Solicitation to assist lawyers. It provides general information on lawyer advertising, how to file advertisements with The Florida Bar, current rules regarding advertising and sample ads for reference. The handbook was updated July 7, 2022 and includes the most recent amendments to the lawyer advertising rules. The Bar also has a website page with FAQs.

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community connection

Leading Responsibility With Compassion: An Interview With Robert Cooper About the Gulf Coast Humane Society by iman zekri, esq.

A

s a distinguished Humane Society provides attorney and an absolutely necessary compassionate service to the animals and community member, community; it provides when Robert Cooper an adoption center, is not representing offers low-cost spay and clients in real estate and neutering, and promotes corporate matters, he education and awareness serves on the Board of to the public about the Directors for the Gulf welfare of homeless pets.”

Robert Cooper Coast Humane Society.

This year, the organization The Gulf Coast Humane Society is a nois aiming to spay or neuter 9,000 cats kill animal shelter that was established and dogs, find forever homes for 3,000 as the first non-profit animal welfare cats and dogs, and complete more than organization in Southwest Florida in 15,000 patient visits in its affordable 1947. “Our mission at the Gulf Coast veterinary clinic. “The Gulf Coast Humane Humane Society is to care for companion Society is on pace to hit each goal. The pets in need by offering safe refuge, organization is also excited about a grantproviding medical care, and facilitating funded remodeling project later this year adoptions,” Cooper shared. that will update its dog and cat adoption Cooper joined the Board of Directors after being asked by a former board member to help the organization during a time of financial and other difficulties.

Recognizing it would be a disaster for Lee County if the Gulf Coast Humane Society permanently closed its doors, Cooper jumped into action, calling in a few favors from some trusted friends, to help put the Gulf Coast Humane Society back on the path to greatness. “Our work is not done yet,” Cooper said. “The Gulf Coast

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areas as well as the lobby,” Cooper shared.

Additionally, the Gulf Coast Humane Society collaborates with United Way to organize “Beesley’s Paw Prints” programs where volunteers and therapy dogs visit nursing homes, schools, and partner agencies. The pet therapy visits can assist those affected by depression, improve mood and stimulate laughter, and help patients feel valued and loved. Cooper explained, “The Gulf Coast Humane Society does not receive funding from LeeBar.org

any government entity or other humane organization, nor is it affiliated with any other national or local humane organization. We rely on donations, bequests, fundraising events, and grants to sustain our programs and services.”

Upcoming events that benefit the Gulf Coast Humane Society include the Fast and the Furriest 5K run or 1-mile fun walk on December 3. The Gulf Coast Humane Society’s annual Celebrity Chef Festival also returns in early 2023. “The work we do is only possible with the support of those in our local community. There is an absolute need for donations in the form of time, money, and services,” Cooper said. Anyone interested in getting involved with the Gulf Coast Humane Society can visit www.gulfcoasthumanesociety.org to make monetary donations, apply to be a volunteer, and obtain information on how to adopt a furry friend. The Gulf Coast Humane Society is open seven days each week for adoptions.

Iman Zekri is a Divorce, Marital and Family Law Attorney at Henderson, Franklin, Starnes & Holt, P.A. . Iman can be reached at (239) 344-1119 or iman. zekri@henlaw.com.org.

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new members Brett Bleier, Esq. Pavese Law Firm John Edwards, Esq. Kanner & Pintaluga Robert Hines, Esq. Office of Regional Counsel Virginia Hubbs, Esq. The Advocacy Center Stephen Jones, Esq. Morgan & Morgan Raychel Thomas, Esq. Pavese Law Firm Julia Zabinski, Esq. Office of the Public Defender

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

Absolute Law, P.A. All Injuries Law Aloia, Roland, Lubell & Morgan, PLLC. Arend & Sisk, P.A. Associates & Bruce L. Scheiner, P.A. Banker, Lopez & Gassler, P.A. Boy Agnew Potanovic Miller, PLLC. Boyle & Leonard & Anderson, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC. Calvo & Calvo, Attorneys at Law Che Diaz Law, LLC. Cole Scott & Kissane, P.A. - Fort Myers Freidin & Inglis, P.A. Garvin Law Firm

Goldberg|Noone|Abraham Personal Injury Atttorneys Goldstein, Buckley, Cechman, Rice & Purtz, P.A. GrayRobinson, P.A. Green, Schoenfeld & Kyle, LLP Hahn, Loeser & Parks, LLP John Webb Legal Group, P.L. Kagan Law Firm Kelleher Law Knott Ebelini Hart Law Offices of Dennis L. Webb, P.A. Law Offices of Michael M. Raheb, Criminal Lawyer Law Offices of Scott T. Moorey Lee County Legal Aid Society, Inc. Men's Rights Law Firm

Osterhout & McKinney, P.A. Patrone, Kemp & Bentley, P.A. Pavese Law Firm Roetzel & Andress, L.P.A. Rubinstein & Holz Scarmozzino / King Trial Lawyers Sheldon E. Finman, P.A. Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Spivey Law Firm, Personal Injury Attorneys, P.A. Strayhorn and Persons, P.L. Wilbur Smith, LLC Yeslow & Koeppel, P.A. ZinnLaw, PLLC 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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December 2022

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the dish

by lauren baugh

L

et’s talk meat and potatoes…

Steak is one of the simplest meals to prepare, but a good steak is a coveted meal option. I write this article monthly, and when I heard of this new steakhouse, I thought, this is a great opportunity to feature a new, locally owned and operated spot that one can take a client or family member and leave feeling full and happy.

Prime 239 did not disappoint at all. We went on a Friday night, and it was VERY busy. This was right after the hurricane, so people were itching to get out and get some good food.

The atmosphere is quite inviting. There is a partition at the entrance that enables you to see just a sliver of the action. That sliver shows an action-packed restaurant, which definitely draws you in. We opted to sit at the bar while we wait for our

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table. At the bar, we are greeted by several friendly faces, ready and eager to serve us some of their specialty cocktails.

Ordinarily, I order a Mich Ultra in a bottle or a glass of red blend. I figured this was not the place to throw back a beer, so I ordered a glass of Pinot Noir. Steve got an Olde Fashioned. This was not just any Ol’ Fashioned (see what I did there?!), this was the smoked old fashioned. Both selections were wonderful.

The atmosphere, the great drinks, awesome company … what could possibly add to this experience? THE FOOD. We watched as various tables around us got their food, and we were filled with envy. The smells, the plating, the options we saw...it was more than tantalizing. We were excited to sit down and order.

After we had a drink, or two, we were called to our table, and sat down in LeeBar.org

a comfortable booth, right by all the action. The hustle and bustle of the space around us was exciting. The staff looked happy and excited to be there. They had a sense of pride about them. Then our lovely server came over. She was friendly, bubbly and excited to meet us and see what we would order.

We took some time to check out the menu and both decided to try their oysters, which featured half shell Gulf oysters with a champagne mignonette.

I did not know what mignonette is, but it sounded yummy. When those oysters came out, yummy was indeed the proper description of said mignonette. The oysters were super fresh and tender!

I was excited to try a few side options, which are portioned for the table and not individually. We opted for the Wild Mushroom Risotto, Yukon Gold Mashed Potatoes and Jalapeno Creamed Corn.

sets the bar as a local steakhouse

For our star of the night, we ordered two hand-cut steaks, the filet mignon and the ribeye, both cooked medium rare. I opted to have them add a side of the chilled horseradish crema. I thought the spice of horseradish would pair nicely with the wine and the filet. I was right. The steaks were perfectly cooked, and I mean perfectly. The crust on the outside of my filet was a chef’s kiss and the fat-to-meat ratio on the ribeye, was absolutely a sight of fantasies. As we each took a bite, we looked at each other as if to say, “Yep, this is exactly what each steak should taste like.” Prime 239 is certainly the place to set the standard locally for good steaks.

Each of our sides was, well, yep, you guessed it, amazing! The jalapeno creamed corn, SO good! There was not much left over from any of these dishes.

We could not stop. Each bite we took was full of flavor and seemingly better than

the last.

We left satisfied with both the meal and the service. The price reflected the food and service quality, and it was well, well worth it. 10/10. I would recommend going there, for any reason. Date night was our reason, but entertaining a client, having your family out to dinner, treating an employee or your office to this delight are all wonderful reasons to go check it out. When it comes to steak, they set the bar. Do not sleep on the chance to go to this place before everyone finds out how great it is!

Photos above left to right: bread, half shell Gulf oysters with a champagne mignonette, Escargot Rockfeller, Filet Mignon, Wild Mushroom Risotto, Yukon Gold Mashed Potatoes and Jalapeno Creamed Corn.

December 2022

1715 Cape Coral Pkwy W., Unit 32 Cape Coral, FL 33914 Monday - Saturday 4 - 10pm Closed Sundays

(239) 673-8816 prime239.com

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

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member spotlight

Michael Lehnert, Esq

1.

I was awarded the first-ever Scholar Athlete Award in St. Andrew’s Catholic School history, and I was the male recipient of the St. Sebastian Scholar Athlete Award at Bishop Verot Catholic High School. Go Vikes!

2.

I have a fascination with playgrounds, and I’m always excited when playgrounds at parks are big enough for adults to have a meaningful opportunity to play. Playgrounds represent a universally approachable way to simply interact with others, even complete strangers – just play and have fun, at any age.

3.

I have a blue belt in Brazilian Jiu Jitsu. I love the camaraderie, competition, and complexity of the sport. It’s like a chess game with your body and a tremendously enjoyable way to exercise.

4.

I have what’s technically called accommodative esotropia, affectionately known as a lazy eye. In first and second grade, I wore a patch on my dominant eye. It was memorable for me and my classmates. Through high school, friends would lightheartedly bring it up.

5.

I went skydiving once, and it was an awesome experience. I was calm until we were standing at the open door to jump out of the plane, which is when it finally hit me – why am I jumping out of a perfectly good plane?

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LeeBar.org

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in the news The American Board of Certification recently announced that Mike Dal Lago, founder of Dal Lago Law, has successfully completed the requirements for national certification in Business Bankruptcy Law. He is only one of fifty in the State of Florida and one of 303 attorneys nationwide to become Board Certified in Business Bankruptcy. The American Board of Certification is the nation’s premier legal specialty certification organization, certifying attorneys as specialists in business bankruptcy.

Pavese Law is proud to announce that Brett G. Bleier, who joined the firm in September, has passed the Florida Bar. Mr. Bleier was sworn in on Oct. 11. Bleier is a member of the firm’s condominium and homeowners/transactional law group. “Brett is a great addition to the firm and already has a head start from the experience he has gained from working side by side with our seasoned professionals and the connections he has established within the community,” said Chené Thompson, Co-Managing Partner.

For the 16th year, Goldstein, Buckley, Cechman, Rice & Purtz, P.A. collected toys that were distributed by the U.S. Marine Corps Toys for Tots Foundation in its 75th Anniversary of the program. Toys were collected through Dec. 1 and then distributed by Toys for Tots to approved local social welfare agencies, church groups and other organizations. Managing Partner, Chris Smith, said, “We know with impacts by the hurricane that it may be challenging for so many families to provide gifts, so we are happy to do what we can to bring joy to area children.”

ZinnLaw is pleased to announce that Beatriz A. Cardoza has passed the bar exam and will now serve as the firm’s latest litigation attorney. Ms. Cardoza started at ZinnLaw as a law clerk, after graduating from Ave Maria School of Law. She will concentrate her practice in the areas of contract law, real estate disputes, and construction litigation.

Laird A. Lile, a board-certified wills, trusts and estates attorney in Naples, has been appointed to a fifth term on the Florida Supreme Court Florida Courts Technology Commission. Lile was appointed to the Florida Courts Technology Commission by Florida Supreme Court Chief Justice Carlos Muniz. The Florida Courts Technology Commission was established to oversee, manage and direct the development and use of technology within the judicial branch under the direction of the Florida Supreme Court. Lile is an original appointee to the commission.

Pavese Law is proud to announce that Luke L. Kane, who joined the firm in September, has passed the Florida Bar. Mr. Kane was sworn in on Oct. 26. Kane is a member of the firm’s litigation group where he will be representing clients in a wide range of civil litigation and business law matters. “He has proven his knowledge and skill as an excellent advocate for our clients since day one. We are so proud of all he has accomplished, and I have every confidence in Luke as a lifelong resident of the Southwest Florida community and now as a practicing attorney with the Pavese Law," said Chené Thompson, Co-Managing Partner.

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

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(239) 334-0047 Fax (239) 334-0523

FT. MYERS, FL PERMIT NO. 147

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