Res Gestae - February 2022

Meet the Florida Bar President-Elect Candidates

Lorna Brown-Burton and Scott Westheimer

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

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contents on the cover

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New Civil Rules Proposals Provide "Seismic" Changes Keith Grossman, Esq.

special features

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Florida Board of Governors Mostly Rejects Recommendations Keith Grossman, Esq.

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departments

On the cover: image compilation of Lorna Brown-Burton (left) and Scott Westheimer (right) - photo editing by April Bordeaux

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27 New Members

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Letter from the President

Tiffany Pereira, Esq.

Letter from the Executive Director Lauren Baugh

10 Calendar of Events 12 Ethically Speaking Henry Lee Paul, Esq.

14 Practice Section

Diana "Dawn" Maselli, Esq.

16 YLD Spotlight

Katherine E. Camadeco, Esq.

18 Guest Attorney

Non-binding Arbitration in Family Law

Anne Dalton, Esq.

29 100 Club 30 The Dish

Cork Soakers Deck & Wine Bar

Lauren Baugh

32 5 Things You Don't Know About Me

Hon. Kyle Cohen

34 5 Things You Don't Know About Me

Maritrini Soto Garcia, Esq.

36 5 Things You Don't Know About Me

Lee Golden/Sanibel Captiva Community Bank

38 In The News

26 Community Connections

Featuring Hon. Noelle Branning

Anne Dalton, Esq.

Our advertisers support the Lee County Bar Association.

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Agoston Law Group Aloia, Roland, Lubell & Morgan, PLLC Bounds Law Group Boy Agnew Potanovic Miller Brazzeal Mediation Business Observer Calvo & Calvo Attorneys at Law CONRIC pr + marketing Dal Lago Law DeMine Immigration Law Firm Direct Impressions Donna Tisch Edison National Bank Frank Piazza, P.A. Jeff Kottkamp, P.A. Jones & Co. Realty Lake Michigan Credit Union Law Firm of Scott T. Moorey Law Offices of Dennis L. Webb Lee County Bar Association Lee County Bar Association Leonard P. Reina Mark B. Yeslow McHale, P.A. Men's Rights Law Firm Musca Law Office, Inc. Premier Investigations & Process Services REAS, Real Estate Advisory Services, LLC Ringsmuth Roetzel & Andress Roetzel & Andress Rosenblum Tax Law Sheldon E. Finman, P.A. Senior Advocacy Group Spivey Law Firm Personal Injury Attorneys, P.A. Stockman Mediation The North Law Firm, P.A.

Please do your best to support them.

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president's letter February is an exciting month for a variety of reasons. The 2022 Winter Olympics, the Super Bowl, the Edison Festival of Light, and my favorite, the Southwest Florida Lee County Fair!

LEE COUNTY BAR ASSOCIATION administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

executive council

As far as LCBA is concerned, we are excited to be welcoming Scott Westheimer, Candidate for President-Elect of The Florida Bar, to town for our monthly luncheon. Scott first visited us last year for our annual Shrimp Boil, so if you didn’t get a chance to meet him then, you are in luck. I am honored to call Scott a colleague and a friend, and I am confident you will enjoy meeting him on Feb. 17. Don’t miss out!

VICE PRESIDENT

TREASURER

Spencer Cordell, Esq.

Hon. Kathleen Smith, Esq.

BOARD MEMBERS

Travis Russell, Esq. John Miller, III, Esq. BENCH-BAR GALA

LAW WEEK

Diana "Dawn" Maselli, Esq.

Hon. John S. Carlin

DIVERSITY AND INCLUSION

LCBA FOUNDATION CHARITY GOLF TOURNAMENT

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

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

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

In addition to being just an allaround stellar human being, Dawn has a long list of achievements and Dawn, husband Luca, and their two community involvement and was a member of Class VII of the Florida Bar furbabies, Sadie and Sallie Leadership Academy. She is also a past president of the Lee County Association for Women Lawyers. I am personally grateful to have Dawn join us, as she radiates positivity everywhere she goes and can put a smile on anyone’s face. Please join me in welcoming Dawn to the Board!

Thank you again to everyone who attended our January Swearing-In luncheon. I look forward to seeing you again on the 17th at our monthly luncheon. Please note the change of day, from Friday to a Thursday this month. Additionally, Bench Bar-B-Q tickets are now on sale, so go ahead and gather a group of friends and make plans to join us for this annual event. This is one of my favorite Bar events because it is so family friendly! As always, please feel free to reach out to me if there is anything LCBA or I can do for you.

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

committee chairs

This is Dawn’s first year on the EC. Dawn is an attorney at Associates & Bruce L. Scheiner and will be celebrating her 10 year “barversary” this year. Congratulations Dawn!

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

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

Rich Haberle

LAW RELATED EDUCATION

PRO BONO

T. Rankin Terry, Esq.

Andrew Banyai, Esq. and Michelle Trunkett, Esq.

practice section chairs ALTERNATIVE DISPUTE RESOLUTION

IMMIGRATION LAW

Anne Dalton, Esq. and Bill Merchant, Esq.

Indera DeMine, Esq. and Nirupa Netram, Esq.

APPELLATE LAW

INTELLECTUAL PROPERTY

Alex Brockmeyer, Esq.

Luca Hickman, Esq., Mark Nieds, Esq. and Holly McFall, Esq.

CORPORATE LAW

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.

Tiffany Pereira, Esq. 239.332.1181 | thepereiralawfirm.com RES GESTAE

SECRETARY

Peter Knize, Esq.

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

While I am excited about all these things, one thing I want to do this year is spend some time each month in this letter introducing you to our Executive Council. Comprised of 10 hard working individuals, our EC is a team that has become a welloiled machine over the years. We lean on each other, and I am proud to introduce you to our first featured member, and my good friend: Diana ‘Dawn’ Maselli.

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PRESIDENT

Tiffany Pereira, Esq.

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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 FIRMW

Jarred Duke, Esq. TORT LITIGATION

Dawn Maselli, Esq. and Diana Castrillon, Esq.

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

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Some of our achievements: Former 20th Judicial Circuit

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executive director's letter We have started the year off strong and have already enjoyed some amazing programming. We also swore in our new Executive, YLD and Foundation Boards.

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

We are in the midst of planning some of our biggest events of the year and hope everyone is as excited as we are for some new and special touches we are implementing for some of our annual events.

We are also expanding our meeting location choices. We will be hosting our luncheons at some new venues in an effort to offer variety.

staff 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

We are looking forward to this year’s in-person mock trial competition and special diversity programming at the courthouse.

Don’t miss the special membership meeting, luncheon and CLE featuring friend of the LCBA, Scott Westheimer. Westheimer is a candidate for President-Elect of The Florida Bar and is past chair of the Florida Bar Board of Governors Disciplinary Review Committee (2020-21).

April Bordeaux

ADVERTISING ACCOUNT EXECUTIVE Lisa Doyle-Mitchell | 239.851.4729

FEATURE WRITER

Keith Grossman, Esq.

CONTRIBUTING WRITERS Tiffany Pereira, Esq. Lauren Baugh Henry Lee Paul, Esq. Katherine Camadeco, Esq. Diana "Dawn" Maselli, Esq. Anne Dalton, Esq. Hon. Kyle Cohen Lee Golden Maritrini Soto Garcia

As we move through February, we are still receiving membership renewals, so do not forget to renew your membership! We have added a new benefit to your membership package this year: exclusive LCBA member rates at downtown Fort Myers’“The Luminary”.

Did you know we offer LCBA Affiliate Memberships? Interested?

Give me a call or email me and let’s talk about how an LCBA membership can work for you and your business.

CONTRIBUTING PHOTOGRAPHER Jim Jett Photography

Do you have a topic you would like more information about?

We are always seeking CLE topics and speakers for each of our Sections and Committees.

BILLING INQUIRIES 239.334.0047

Keep your calendars up to date with our events. Some of our big event dates are as follows: March 26 (Shrimp Boil), April 22 (Membership Luncheon), April 30 (Law In The Mall), May 6 (Law Week Luncheon), May 14 (LCBA Foundation Charity Golf Tournament), June 17 (Diversity & Inclusion Luncheon), August 19 (Membership Luncheon), September 16 (Downtown Dash), September 23 (Membership Luncheon), October 1 (Bench Bar Gala), October 21 (Pro Bono Awards Luncheon), November 18 (Membership Luncheon), December 2 (YLD Holiday Fiesta), December 8 (Holiday Party) and more to come!

Thank you for your continued support of the Lee County Bar Association and have a happy Valentine’s Day!

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

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LCBA General Civil & Business Litigation Law Section CLE & BYO Brown Bag Lunch

Noon – 1 p.m.

Location: Lee County Justice Center, Hearing Room 4-G Topic: “Use of the CPA as an Expert Witness” Speakers: Kelsey Griffin, CPA, CFE, Veronica Larriva, CPA and Scott Stringer, CPA Register: leebar.org

10

LCBA ADR Law Section Virtual CLE

Noon – 1 p.m.

Topic: Dealing with Impairment Issues in Mediation: Cognitive, Psychiatric, and Substance Abuse Speaker: Susan O. Cassidy, MD, JD Register: LeeBar.org

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LCBA RPPTL Law Section Hybrid Brownbag

Noon – 1 p.m.

Location: Lee County Justice Center, Hearing Room 1-A Topic: TBA Speaker: Peter Knize, Esq. Register: leebar.org

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2022 LCBA Mock Trial County Competition

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LCBA Tort Litigation Law Section Virtual CLE

Noon – 1 p.m.

Topic: Chapter 5 and Trust Accounts Speaker: Sheila M. Tuma, Chief Branch Discipline Counsel, The Florida Bar, Tampa Branch Register: LeeBar.org

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LCBA Membership Luncheon, CLE & Foundation Grant Allocations

11:30 a.m. – 1 p.m.

Location: Sidney & Berne Davis Art Center Topic: What to Know About Florida’s Lawyer Discipline System and How to Avoid It Speaker: Scott Westheimer, Esq Register: LeeBar.org

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LCBA Family Law Section Virtual CLE

Noon – 1 p.m.

Location: The Collaboratory Topic: Child Testimony and Child Hearsay, the "ins" and "outs" of including children in your case Speakers: Judge Amy Hawthorne and Judge Lee A. Schreiber Register: LeeBar.org

Hello February

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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Lunch and Learn: What to Know About Florida's Lawyer Discipline System and How to Avoid It CLE presented by

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Candidate for President-Elect of The Florida Bar Past Chair - Florida Bar Board of Governors Disciplinary Review Committee (2020-21) February 17, 2022 @ 11:30 a.m. to 1 p.m.

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ethically speaking

Lawyer ignores receipt of inadvertent disclosure rule

by henry lee paul, esq.

T

he obligations of a lawyer who receives inadvertently disclosed confidential and privileged information are clearly stated in Rule 4-4.4 (b) (Respect for Rights of Third Persons). The lawyer must promptly notify opposing counsel of the inadvertent disclosure. The recipient of such inadvertent disclosure is further subject to the provisions of Fl. R. Civ. P. 1.285 or Fed R. Civ. P. 26. (b)(5)(B). Both federal and state rules require that the recipient “promptly return, sequester, or destroy” the materials, subject to the ultimate determination of relevant issues involving the disclosure.

It is also clear what the recipient of such information should not do. A lawyer should not make use of an inadvertent disclosure to invade privilege to the detriment of the opposing party.

Incredibly, that is exactly what happened in The Florida Bar v. Patterson, SC192070. The lawyer in Patterson blatantly ignored his obligations to report the receipt of privileged information. He further used the confidential information to file a proposed amended complaint referencing the illicit material.

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Attorney Patterson received a fax from an opposing party that was intended for the opposing party’s counsel.

The fax contained draft responses to interrogatories. The fax clearly indicated it was intended for opposing counsel.

Patterson did not promptly inform opposing counsel of the receipt of the clearly privileged information.

When opposing counsel discovered the inadvertent disclosure from his client, he sent an email to Patterson requesting return of the information.

Opposing counsel also enclosed a copy of Rule 4-4.4. Instead of complying with his obligations, Patterson refused to return the information and instead used privileged communications in court filings to the disadvantage of the opposing party. Patterson even attached the privileged material in a court filing noting the discrepancies between the privileged draft and final responses to interrogatories.

The Court granted a motion to strike the filing and ordered Patterson to destroy the privileged material. The presiding judge described this conduct as egregious. The Supreme Court agreed LeeBar.org

and suspended Patterson for two years.

There were also additional instances of misconduct that contributed significantly to the sanction. Patterson made unfounded allegations of racial bias against the court and opposing counsel. Patterson also failed to expedite litigation. In delaying the litigation process, he violated court orders which resulted in sanctions from the presiding judge.

The Supreme Court has reminded us that all lawyers should be aware of their obligations when in receipt of inadvertently disclosed confidential or privileged communications. Not only does failure to comply with the rules subject a lawyer to disqualification or sanctions in pending litigation, it may very well subject the non-compliant lawyer to serious discipline.

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

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practice section: tort litigation

Tort Litigation Practice Section Announces February CLE

by dawn maselli, esq.

2022!

Here we are! The Tort Litigation section is excited to start the new year!

I am thrilled to announce that our first meeting of 2022 will be a CLE Zoom luncheon on trust accounting. Sheila Tuma, Chief Branch Discipline Counsel of the Florida Bar, Tampa Branch, will discuss common trust accounting errors and will provide us with tips to avoid those issues.

Tuma’s presentation is scheduled for Feb.

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15 at 12:00 p.m. A Zoom link to access the meeting will be provided in future Lee County Bar Association emails. Later in 2022, the Tort Litigation section will host a CLE on the anatomy of voir dire. The date of this event is to be determined.

Please join me in welcoming Diana Castrillon from Powell, Jackman, Stevens & Ricciardi as co-chair of the Tort Litigation Practice Section. Diana Castrillon focuses on the representation of injured workers in worker’s

LeeBar.org

compensation cases.

We will include our future event dates in upcoming issues of Res Gestae.

Dawn Maselli, Esq. is a personal injury attorney at Associates & Bruce L. Scheiner. She is the co-Chair of the LCBA Tort Litigation Practice Section and the Young Lawyers Division Treasurer.

February 2022

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YLD spotlight

YLD focuses on simple things throughout your day to improve your self-care

by katherine e. camadeco, esq.

A

big thank you to our “New Year, New Me,” panel, including the Honorable Magistrate Kimberly Bocelli; John Miller, III, Esq. and Tiffany Pereira, Esq., for your tips on starting 2022 off right.

With all the time spent at work, selfcare cannot be something we put aside until we get home. Adding moments of self-care throughout the day can help fight burnout and make a difference in creating and sustaining happier lawyers.

Self-care has become a buzzword viewed as a luxury and associated with massages and bubble baths. But selfcare is much more than that. The World Health Organization defines self-care as “the ability of individuals, families and communities to promote health, prevent disease, maintain health, and to cope with illness and disability with or without the support of a healthcare provider.”

It is a broad concept that according to the World Health Organization includes hygiene, nutrition, lifestyle, environmental factors, socioeconomic factors and self-medication.

Some simple, easy ways ideas to add selfcare into your workday are:

The average person will spend more than 90,000 hours at work. And with the early mornings, late nights and weekends many lawyers work, I am sure most of us will work more than that. So, it is more important than ever to prioritize self-care.

Hydration! Hydration! Hydration! Make sure you are drinking enough water throughout the day.

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Arrange your desk and office space to be enjoyable to you. Keep your office clean and organized. And consider adding pictures and artwork that inspire you or of the people and things that matter most to you.

Rethink how you spend your “lunch hour.”

Instead of eating lunch at your desk while you work, consider getting lunch with a co-worker or friend outside of the office.

Or maybe, do not get lunch at all, and take a walk or a yoga class.

Set aside time during your workday to do tasks that do not require screen time.

Give your eyes break from the constant LeeBar.org

glare of the screen. These may be work related tasks. Or consider meditating for 5 or 10 minutes to quiet your mind and get refocused.

And a big one for all of us is boundaries.

Evaluate how you spend your time and set boundaries that protect work from creeping into your personal time.

Consider turning off your email push notifications. Or setting aside your Sunday to be work free.

Take a moment and appreciate all that you do every day for your clients and our profession. And then consider what you need to do during your day for yourself and see how you can add some simple things throughout your day to improve your self-care.

Katherine E. Camadeco, Esq. is the President 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.

February 2022

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guest attorney

The Time Has Come: Non-binding Arbitration for Equitable Distribution in Family Court by anne dalton, esq.

“Email? Oh, you mean ELECTRONIC MAIL? Just a fad. Won’t ever replace the U.S. Mail.”

How about: “Mediation? Waste of time and money. If you’re going to settle, you don’t need to pay somebody to hold your hand.”

I was reminded of the above gripes and predictions when receiving comments from litigators about our Oct. 13 ADR Practice Section CLE on the use of nonbinding arbitration in Family Court property matters (i.e. division of property).

The comments seemed so…twentieth century. And so misplaced.

In the 25 years I’ve been mediating, countless attorneys and parties have implored, “Can’t you just MAKE A DECISION for us?” Unfortunately, Florida mediation rules and ethics forbid that. However, as non-binding arbitrations and mediation/ arbitrations (med-arbs) processes have become the norm in Circuit Civil cases, it’s time to visit their use in Family Court.

F.S. 44.1011 (1) defines “arbitration” as a process in which a neutral person or panel considers the facts and arguments of the parties and renders a decision which may be binding or nonbinding. For purposes of this article, only nonbinding arbitrations

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(“NBA”) will be considered. If an NBA is court-ordered, the arbitrator’s decision and award are filed with the Court under seal; either party can file for a trial de novo within 20 days; and the award is ultimately unsealed by the Court (following the trial) for various purposes (F.S. 44.104). In other words, the arbitrator MAKES A DECISION and the parties still have the safety net of judicial decision-making from scratch if they choose.

Case law provides that the NBA process cannot be used in pre- or post-judgment cases which have child-related financial or custody issues, or where alimony is an issue. However, it is appropriate where equitable distribution is the sole issue.

The theory of these cases is that where financial issues for the family are involved, equitable distribution can (and does) tilt the financial wherewithal of an impecunious spouse or minor child(ren) and therefore should only be handled by a judge. However, where those issues do not appear, it is acceptable to have an arbitrator’s assistance for property distribution. In addition, F.S. 61.052(5) provides that “the court may enforce an antenuptial agreement to arbitrate a dispute in accordance with the law and tradition LeeBar.org

chosen by the parties.” Hmmmmm...

What are the advantages of arbitration?

First, counsel can choose the arbitrator, based on the strengths and weaknesses of their client. Secondly, the parties have a forum to have property which is important to them (and perhaps not as important to others) reviewed and analyzed in the detail they desire. Thirdly, there is already a structure in our Circuit for NBA awards.

Approved NBA Orders are in use on the Civil side and can be easily adapted for Family Court usage. The Clerk’s Office accepts NBA awards under seal.

Disadvantages? Cost, of course. But I would postulate that the rewards outweigh the cost in many cases.

Anne Dalton is the founder and co-chair of the Lee Bar ADR Practice Section. She has been a professional mediator since 1994 and has conducted over 7,000 business, insurance, construction, other circuit civil, family and county court mediations or arbitrations. She holds all five Florida Supreme Court ADR certifications. Her website is daltonlegal.com.

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New civil rules proposals provide "seismic" changes by keith grossman, esq.

I

n December 2021, a Judicial Management Council workgroup issued a 184-page report proposing sweeping changes intended to make the Florida civil trial system more efficient.

Westheimer says the proposals in the report are “a major seismic shift to how we practice civil litigation.” He continues, “A vast amount of rules are proposed to be changed.”

The Chair of the Workgroup on Improved Resolution of Civil Cases, Second District Court of Appeal Chief Judge Robert Morris, presented the report to the Florida Bar Board of Governors at a meeting on Dec. 3.

Brown-Burton agrees. “It will certainly be a paradigm shift.” She says, “When we (the Board of Governors) first heard it, there were certainly concerns raised.” She characterizes the recommendations as “sobering”.

Judge Morris pointed to the 2 million cases in the state civil system that need to be resolved and said, “Just about every state and every jurisdiction has made an effort to manage this - the federal system did it decades ago. We need to do something about this and it’s our time to try and work on it.

Attorneys Lorna E. Brown-Burton and F. Scott Westheimer are members of the Board of Governors, and both are candidates for President-Elect of the Florida Bar. They also both practice civil litigation. They clarified that The Florida Bar and Board of Governors have not

20 RES GESTAE

Westheimer says the report may be overwhelming to review but should be reviewed by all attorneys that practice civil litigation. “It would drastically change the way you practice law.”

Lorna E. Brown-Burton, Esq. taken a position yet on the report from the workgroup. Their comments are solely their opinions and not that of the Bar or the Board of Governors.

LeeBar.org

One of the cornerstones of the Workgroup’s report is the implementation of a differentiated case management system that would require judges to divide cases into “streamlined”, “complex” or “general” categories. Lawyers would be required to confer at the beginning of a case and craft a case management order that would set a trial date and deadlines

for completing such tasks as discovery, dispositive motions and depositions. There will also be strict deadlines and restrictions on continuances.

The report also suggests there be public reporting of relevant case management data with the purpose of encouraging effective case management and accountability.

Judge Morris says the changes are necessary, in part, because the public believes Florida’s civil system is too slow and too expensive.

Westheimer highlights the following as his initial personal concerns from the report: The ability for attorneys to have hearings on non-evidentiary motions or motions where the court would not have to decide issues of material facts would be at the

Loss of peremptory challenges as a potential sanction

•

Loss of a judge’s discretion and flexibility for continuances of hearings and trials

Brown-Burton also expresses similar concerns and says, “How it improves the efficiency of the court needs to be understood better.” She also wonders how the changes would impact access to justice.

Within the report, there is also an acknowledgement of the need for ongoing education about a differentiated case management system, professionalism and technology.

•

•

F. Scott Westheimer, Esq. Court’s discretion •

Mandatory attorney’s fees sanctions in some situations

February 2022

The Florida Supreme Court appointed the Workgroup on Improved Resolution of Civil Cases on October 31, 2019. In part, the Workgroup was charged with focusing on a long-range strategic goal to “ensure the fair and timely resolution of all cases through effective management” and to “utilize caseload and other workload information to manage resources and promote accountability.”

The Workgroup was directed to study the civil case management recommendations endorsed in 2016 by the Conference of Chief Justices and the Conference of State RES GESTAE

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Court Administrators and “the outcomes of pilot projects or other initiatives that have implemented these recommendations in this and other states.”

The Workgroup is comprised of nine members, including a former justice, trial and appellate judges, a chief county judge, a civil practitioner, and a former Florida Bar president. Both Brown-Burton and Westheimer point out the workgroup did not include any Board of Governor members and therefore, the Board of Governors did not have any input on the report.

Brown-Burton says, “We have no knowledge other than what’s in the report itself and what Judge Morris shared at our meeting.”

The Workgroup has now provided their proposals to the Supreme Court, who will have the final say on how to proceed.

According to Judge Morris, it’s expected the Supreme Court will schedule a lengthy comment period before implementing any changes. The Supreme Court has not yet announced the comment period or the overall timeline for implementing the report’s proposals.

Brown-Burton says, “Whether the Board of Governors will be able to weigh in further will be up to the Supreme Court. We are hopeful.”

Judge Morris urges Board members to study the report carefully and be prepared to respond during the anticipated public comment period.

Brown-Burton encourages all attorneys to participate in the comment period. She says all Board members “are interested in hearing from constituents.”

Westheimer says, “Every attorney who practices civil litigation in state court needs to read this report and give comments.”

Westheimer refers to the proposed case management system contained within the report and asks, “Is it something that’s viable? When looking at the differences between Circuits, does one size fit all?”

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He also believes additional funding would be necessary to implement the proposed case management system. He says the court system already lags in the amount of pay for court personnel compared to the private sector.

Every attorney who practices in the state court needs to read this report and give comments.

– f. scott westheimer –

Brown-Burton says, “Every Circuit is looking at holding town halls with members of the Workgroup in attendance to answer questions. We need to understand the thought process behind the report and town halls will give us an opportunity to do that.”

Lorna E. Brown-Burton is an “AV” rated attorney who has practiced law since 1987.

She is a partner at Lubell | Rosen LLC and primarily practices workers’ compensation defense representing employers, selfinsureds, and carriers. Brown-Burton has experience in the areas of Labor and Employment, Social Security Disability, Foreclosure Defense and Bankruptcy Law. She owned and operated her own firm for over a decade, and later co-founded Brown-Burton & DeMicco, PLLC. In 2018, she joined Lubell | Rosen LLC as a partner to manage the Workers’ Compensation department.

Brown-Burton has served as President of the Young Lawyers Section of the Broward County Bar Association along with her service to the Florida Bar Young Lawyers Division. Her service to the Bar has included chairing the Citizen Advisory Committee, the Screening Selection Committee for Judicial Nominating Commission applicants, a LeeBar.org

Special Committee on Implementing the Bar’s Strategic Plan, a Special Committee to Improve Developing the Bar’s Executive Director Succession Plan and a Special Committee to Improve Communications with Bar sections, divisions, and committees and voluntary bars and serving on the Communications Committee, Budget Committee and Disciplinary Procedure Committee, to name a few. She has been serving as the 17th Circuit representative to the Board of Governors since 2012. Her election website is lbbforfloridabarpresident.com F. Scott Westheimer is an “AV” rated attorney who has practiced law since 1996.

He is Managing Partner of Syprett Meshad, P.A., located in Sarasota. His practice focuses on Complex & Catastrophic Plaintiff’s Personal Injury Law, Civil Trial & Commercial Litigation.

Westheimer has served as President of the Sarasota County Bar Association as well as President of their Young Lawyers Division. His service to The Florida Bar has included, chairing the Disciplinary Review Committee, Program Evaluation Committee, and Communications Committee (twice), and serving on the Technology Committee, Legislation Committee and Second DCA Judicial Nominating Committee, to name a few. He has served on the Young Lawyers Board of Governors as well as serving as the 12th Circuit representative to the Board of Governors since 2013. He was a member of the Board of Governors Executive Committee from 2016-2021. His election website is Electwestheimer.com.

Brown-Burton is working with the Lee County Bar Association to coordinate a future date for her to speak to the LCBA members.

Westheimer will be speaking to the Lee County Bar Association on February 17, 2022. His CLE presentation is titled, “What to Know About Florida’s Lawyer Discipline System and How to Avoid It”.

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special feature

Florida Board of Governors mostly rejects recommendations that would transform delivery of legal services by keith grossman, esq.

I

n December 2021, the Florida Bar Board of Governors rejected most of the proposals contained in a report issued by the Special Committee to Improve the Delivery of Legal Services.

In late 2019, the Florida Supreme Court directed the formation of the Special Committee to Improve the Delivery of Legal Services. The court asked the committee to conduct a study to ensure that current regulations meet Floridians’ access to justice needs while protecting against lawyer misconduct and maintaining the strength of Florida’s legal profession. The court specifically asked the committee to look at lawyer advertising, referral fees, fee splitting, online service providers, and nonlawyer providers of limited legal services.

Former Bar President John Stewart was appointed as chair of the committee. The committee delivered its final report to the Florida Supreme Court on July 28, 2021.

The committee’s report was controversial based on the extent of its proposals.

The Board of Governors felt the report lacked empirical data to support the proposals and the proposals would have unintended consequences.

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The committee shared certain observations as part of its report.

These observations included that access to affordable legal services is a critical problem; people who can afford legal services are choosing not to hire an attorney; underfunding of the court system is aggravating the access to justice crisis and technology, globalization and other forces continue to transform the accessibility and delivery of legal services.

The committee’s proposals included: •

encouraging lawyers to provide more unbundled legal services;

•

permitting nonlawyers to have a non-controlling equity interest in law firms with restrictions (the committee did not support passive ownership by nonlawyers);

•

modifying fee sharing restrictions with nonlawyers;

•

allowing for not-for-profit law firms;

•

allowing nonlawyer members on the LeeBar.org

boards of directors for not-for-profit law firms; •

•

amending the advertising rules to streamline them and eliminate certain requirements, including submissions for pre-approval; and approving a pilot program allowing Florida Registered Paralegals to provide limited legal services in specific areas and within a law office.

The committee also proposed creating a regulatory “sandbox” where these proposals and ideas could be tested on a limited and controlled basis.

The Board members reviewed the report and other background materials, hosted town hall meetings, and attended two special meetings of the Board of Governors where they discussed with Stewart the committee’s report and its recommendations.

Board of Governors member and candidate for Florida Bar PresidentElect, F. Scott Westheimer, explains the Board received over 300 comments and approximately 98% were against the recommendations concerning nonlawyer ownership of law firms and fee splitting with nonlawyers. He points out that in the comments, groups that normally do not (or never) side with each other agreed in their opposition to the recommendations.

The Board met on November 8 and December 2, 2021, to discuss the recommendations and to vote on the Board’s responses. The Board voted as follows: They unanimously rejected permitting nonlawyers to have a non-controlling equity interest in law firms.

They unanimously rejected eliminating the restriction on fee sharing with nonlawyers.

They unanimously rejected the recommendations to simplify and streamline advertising rules and to eliminate the requirement for advance approval of lawyer advertising.

A majority of Board members concluded promoting unbundled services would lead to more widespread use benefitting the public, so they accepted the recommendation that the Bar increase education to its members.

February 2022

They voted to accept the recommendations, in part, to amend Bar rules to permit not-for-profit legal aid organizations to organize as corporations and to allow nonlawyers to serve on their boards of directors.

They voted to accept the recommendation, in part, by allowing a limited pilot program to utilize Florida Registered Paralegals in a more expanded way. This limited pilot program would be conducted within an existing legal aid organization and would limit the paralegals’ activities to residential landlord tenant law on behalf of the tenant, and debt collection defense.

Otherwise, the Board rejected the recommendation on the expanded use of paralegals.

They unanimously rejected as moot the recommendation to create a regulatory “sandbox” to test certain concepts.

The Board considered the sandbox recommendation after considering and voting on all the other recommendations in the report, and after it had rejected all the recommendations the report proposed to study within the lab.

The ultimate decision as to the recommendations contained in the report will be made by the Supreme Court. In a letter dated December 29, 2021, Florida Bar President Michael G. Tanner wrote to the court outlining the Board of Governors’ response to the report. In the letter, Tanner wrote the proposals “would be so profoundly transformative of the practice of law in Florida that they should not be allowed, even on a test basis, without clear and compelling empirical data that they will help solve access to justice in a meaningful way with little or no risk to the public.”

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community connections - united way

Noelle Branning

featuring

by anne dalton, esq.

T

he adjective “honorific” could not better fit the qualifications, expertise and accomplishments of the Honorable Noelle Branning, Lee County Tax Collector. As a newly elected state Constitutional officer in 2021, she eagerly accepted the challenges of serving 800,000+ Lee County residents and visitors during the world-wide pandemic.

Her impressive career path includes a solo legal practice, which she said, “taught me the business of law – understanding budgets and overhead and maximizing available resources.” These were valuable lessons for her next position - General Counsel to then-Tax Collector.

“Upon being sworn in as an attorney, I expected to have a career as a trial attorney, but I became interested in how Constitutional officers in our local government help the community. Also, as a new mom, I wanted to practice as an attorney without the stress of being in court all the time. Being a mom is my top priority.”

She further explains, “Being an attorney, I came from an adversarial background.

I was eager to blend that skill set with collaborative teamwork with local

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stakeholders to improve our community.”

Those skill sets also blend perfectly with her role as 2022 United Way Campaign Co-Chair with Corey Vertich, CFP. Why United Way? She responds, “This is the most outstanding group of community leaders I have ever had the privilege of working with on a regular basis. They are all committed to helping the lives of everyone in the community.

United Way is a community collaborator bringing people and organizations together to create powerful partnerships that address issues and solve problems.

United Way of Lee, Hendry, and Glades counties lives their mission every day.”

She sees the mission of the Tax Collector’s Office as being a perfect fit with United Way: “Our Tax Collector work is that of community partner. The services we provide help fund the next local school, maintain roads, and complete beach renourishment projects. We live and breathe community partnerships every day. Just like the Tax Collector’s office, United Way keeps their funds local. Every dollar stays here in our community and is used wisely for programs needed here, from Alzheimer assistance to homelessness to hunger to therapy pets LeeBar.org

and more. Knowing how much the need in this community skyrocketed during the pandemic, I feel so blessed and grateful just to be a part of it.”

How does she do it all? She credits her family as her support system, with their community-minded focus in seeking out service-related projects. “I am so lucky my husband believes in the things we are trying to do as a family. My husband, my two children, we all work together to make the community a better place.”

Indeed, her husband, Judge Robert Branning, received the News-Press “Trailblazer of the Year” award for his innovation, determination and commitment in piloting the therapy dog program for Lee County Dependency Court.

Her advice to newer attorneys? “Keep every door open. Never exclude a possibility. Just because you think you know what you want to do with your life, opportunity may come knocking and you better be ready to answer it. Volunteering teaches you so much about the needs of the community and that can open personal and professional doors that you didn’t expect.”

new members xx Veronica Larriva, CPA

Shelly Perry, Esq.

Christina Mehta

Dr. Francis Talty

McHale PA

Jones & Co Realty – Christina Mehta LLC

Frantz Michel

Office of Criminal Conflict and Civil Regional Counsel 2nd DCA

Roy Moloney

Senior Advocacy Group Retired

Patricia Talty Retired

Laurence Trias, Esq. Pendas Law Firm

McHale PA

Agnieszka Osowicka, Esq.

Office of Statewide Prosecution

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advertisement

The Professional Fiduciary Council of Florida A Valuable Resource To Protect Your Clients

I receive calls all the time from attorneys, CPAs, and investment advisors trying to locate an Independent Trustee, Personal Representative, Healthcare Surrogate, or Agent under a Power of Attorney. I’m happy to receive these calls as that’s the service my firm provides, but I often think “Why aren’t there more of us doing this important work?”

Darby Jones, a Professional Fiduciary in St Petersburg, had the same thought and took action. With the strong support of our own Laird Lile and Senator Kathleen Passidomo, Darby gathered like-minded colleagues from the RPPTL and Elder Law sections of the Florida Bar (among others) and formed the Professional Fiduciary Council of Florida. The Council is now in its third year of operation, and is hosting (virtually) its Third Annual Florida Fiduciary Conference on February 25, 2022. More on that later.

The Council’s mission is to grow the Professional Fiduciary field in Florida by providing education and support to individuals who are already acting in a fiduciary capacity or are interested in learning more about working in this very rewarding area.

There is a critical need for qualified Professional Fiduciaries, but unfortunately, there is also a critical shortage. The most important word in the previous sentence is “qualified!”

Educational offerings include Fiduciary Fridays, which are offered once a month and, beginning in 2022, are free of charge to members. Past presenters and topics have included Mark Parthemer, speaking on the duty to protect assets and Nick Curley, providing case law and legislative updates.

The Annual Conference in February is the by far the most important event offered in the Florida Fiduciary world.

Attorneys, CPAs, Professional Guardians, Trust Officers and Paralegals will benefit by attending (7 hours of CLE and CEU credits provided), but the Conference is also open to anyone interested in learning more about how to become a fiduciary.

This year’s theme is “A Fiduciary’s Guide to the Fragile Years”, and features a wide range of relevant topics. More information is available at www.professionalfiduciarycouncil.org, or email Darby at darbyjones@professionalfiduciarycouncil. org or Chandra Tracy, Council Administrator, at info@ professionalfiduciarycouncil.org. They’d love to hear from you!

The Council provides extensive vetting of its prospective members, and while it doesn’t provide certification or licensing yet, if someone makes it through the rigorous approval process (including verifying insurance and three references), that individual is qualified to act as a Professional Fiduciary. The Council also welcomes Provisional and Affiliate members. A Provisional Member is someone who is acting in a fiduciary capacity, but does not yet have the experience and knowledge base to be a full member. An Affiliate member is an individual who provides complementary services to Professional Fiduciaries. Estate Planning Attorneys and Paralegals are highly valued Affiliate Members.

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LeeBar.org

Shelley Rhoads Perry, JD, TEP Shelley Rhoads Perry, JD, TEP is a Professional Fiduciary and the Founder/CEO of Senior Advocacy Group and Fiduciary Associates of Naples. She is a member of the Professional Fiduciary Council of Florida’s Executive Board, and serves as its Membership Chair.

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

February 2022

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

A casual bar & grill in downtown Cape Coral featuring creative American fare, indoor-outdoor seating & live music. by lauren baugh

C

ape Coral has become a City of MANY locally owned and operated shops, including restaurants, bars and breweries! In honor of President Tiffany Pereira’s 2022 “Bridging the Gap” theme, I crossed the Cape Coral bridge and visited one of the coolest downtown scenes, Cork Soakers Deck & Wine Bar. In Downtown Cape Coral, there are many, many places to hop around to, no matter what mood you are in. I was looking for a place I could sit outside and enjoy what felt like the first day of winter weather.

Cork Soakers called to me!

It is still early (11 a.m.) and I want to soak it all in. I am thankful I am not greeted by a bustling crowd. I am greeted by a super friendly smile from my server.

Looking over the menu, I know this is going to be a great day to excuse myself from my “New Year, New Me” diet. I ask for a sweet tea, and the server says they do not have that. Instead, she

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makes a special drink for me, and it was amazing! Having my server customize a drink for me tells me this place is willing to do whatever they can to make me comfortable and to have a great experience with them, and that I did.

I look at the specials and the day-to-day menu. They have an abundance of items that have special touches separating them from your everyday bar and grill. I see biscuits and deviled eggs…and well, you can guess the rest.

They call their appetizers “snacks”, which is a cool way to name them. I order the “cheddar bacon biscuits & butter” and the “eggs diablo” to start.

While I gaze at the menu to select a few entrees, which they call “supper”, the “snacks” arrive. I am taken back. My “eggs diablo” have, wait for it, CAVIAR on them!

I am pleasantly surprised by both dishes and can’t wait to dive in. The biscuits — LeeBar.org

Photo above: cheddar bacon biscuits and butter Photo left: eggs diablo

Photos left: surf & turf tacos, Cork Soakers own take on the Bloody Mary

flaky, warm and full of flavor — and the scratch-made butter is nothing short of amazing. The eggs are cooked to perfection.

An art I have not yet perfected. The flavor combo of fried truffle, egg yolk and caviar, is simply perfection.

I leave room to try the “supper” I ordered, which includes the “chicken n’ dumplings”, the “bacon and brie sandwich” and the fried redfish sandwich. Each dish looks simply placed and elegant in its own way. The flavors follow suit.

I try the bacon and brie sandwich first. The bacon is crispy; the cheese, melty, but not too melty. Then I notice a sweet flavor. To my surprise, it’s fig jam! What a great way to top off this lovely Sammy. It is served with a super refreshing salad of arugula, tomato, parmesan shavings and a light olive oil and vinegar dressing.

Next, I try the fish sandwich. The redfish filet is perfectly pan fried and has, what looks to be, a fresh pickled slaw on top of it with a dill tarter sauce on a brioche bun. I cut it in half and go right for it.

The fish – perfect; the slaw – perfect; the sauce – perfect; the bread – perfect! This is an amazing fish sandwich; each flavor perfectly complements each other. It comes with fries, and while I swore-off fried food for the New Year, I eat one (or ten), and they are perfect too.

Photos above top to bottom: chicken and brie sandwich, chicken and dumplings, fried redfish sandwich

I move on to what I was sure would be interesting at best — the chicken n’ dumplings. I notice they put their own spin February 2022

on it. They do not use dumplings; they use gnocchi.

This is exciting to me because I love chicken n’ dumplings, but no one makes it like my mom.

When I see they have gotten creative, I know they have a shot.

The chicken is super tender and flavorful. The gnocchi are like little potato clouds of chicken flavor. The sauce is perfectly creamy with all kinds of veggies, including mushrooms, asparagus, tomato, and broccoli. It is topped with shaved parmesan. It is a unique spin on one of my favorite southern dishes.

I recommend each of these unique dishes to anyone. Even the pickiest eater could enjoy them.

The vibe, the flavors, the location, the service and the prices are all top-notch. Take a trip over the bridge to Cape Coral to check this place out; you won’t be mad you paid the toll.

Cork Soakers, Deck & Wine Bar 837 SE 47th Ter Cape Coral, FL 33904 239.542.6622 | corksoakers.net Monday: CLOSED Tuesday - Wednesday: 11:30 AM - 9:00 PM Thursday - Sunday: 11:30 AM - 10:00 PM

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

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judge spotlight

Judge Kyle Cohen*

*We apologize for publishing the wrong last name in the January issue.

1. I grew up in Palm Harbor, Florida and am a huge Tampa Bay sports fan. Between the Lightning, Bucs, and Rays, when history looks back on 2020 -2021, this period will forever be known for being the best time in Tampa Bay sports history. Nothing else.

2. While I was a student at the University of Florida, I worked as a sports reporter for a radio station. I did a daily sports talk show called “The Cheap Seats.”

3. My son has had many unusual and specific obsessions during his nine years, such as corvettes, clocks, refrigerators, urinals, pirates, titanic ships, tsunamis, Egyptians, Minions, Minitours, fossils, dinosaurs, Pokémon, Mario Brothers. Currently, its Minecraft.

I still have no idea what that is.

4. When she was two years old, my daughter was on the cover of the October issue of Neapolitan Family Magazine. How cute is she?

5. My family got a pandemic puppy. His name is Finn, and he is a Whoodle (part poodle and part softcoated Wheaten Terrier). Sometimes, he fills in for me on the bench. He’s ruff, but fair.

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February 2022

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33

member spotlight

Maritrini Soto Garcia

1. I have a twin brother. During the ultrasound visit, when the nurse revealed to my mom the two beating hearts on the screen represented two little bundles of joy, my mom’s surprise was far too great, and she fainted.

2. I am fluent in English and Spanish. My elementary school was fully bilingual, and I had the opportunity to learn both languages in an academic setting at a very young age.

3. I am left-handed. And I must admit that, yes, I do struggle with scissors from time to time.

4. I don’t have a middle name, but it gets confusing because I have two last names.

5. During law school, other than learning the law, of course, my next favorite thing was playing coed intramural sports.

Our team was Running From the Law (“RFL”). We played flag football, indoor soccer, kickball and dodgeball. It was a fantastic time!

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sponsor spotlight

Lee Golden (Sanibel Captiva Community Bank)

1. My stepsister and I were born on the same day, same year, and same hospital (Lee Memorial). We were friends in high school, then my mother and her father started dating when we were in college. It was then that we found out everyone was in the hospital at the same time when we were born.

2. I’m 6’8” tall, but afraid of heights!

3. My father worked for Seaboard Railroad in the 60s and was the drawbridge operator on the Caloosahatchee River. He and my mother lived in the bridge tender’s house with no electricity or running water! But they loved it.

4. My daughter was born 11 weeks early, weighing 2 pounds. She’s now 18-years-old, 5’11” and doing great!

5. I’ve been in banking my entire professional career, but I have my degree in Fine Arts and Art History. Go figure!

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in the news The law firm of Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that stockholder William Boltrek is now a Florida Supreme Court Certified Circuit Mediator and Arbitrator. He completed the required training and is listed on the Dispute Resolution Center’s website under Twentieth Circuit Mediators. Boltrek focuses his insurance litigation practice helping clients minimize risk, damages, and cost. He handles tractortrailer accidents and is part of the on-scene response team. In addition, Boltrek represents insureds involved in motor vehicle accidents, slip and falls, and premises liability. He also represents healthcare professionals in medical malpractice and licensure matters, law enforcement officers and clergy members involved in litigation.

Clerk of Court Linda Doggett was presented with a Brunson Foundation award as part of their Women in Action 2022 initiative for her service in the community. The Brunson Foundation Corporation connects youths with mentors and scholarships to help them achieve their academic goals of college attendance.

Clerk of Court Chief Operating Officer and Cape Coral resident Kevin Karnes was selected by unanimous vote as Chairman of the Redistricting Commission. Cape Coral has a council-manager form of government with seven districts that need to contain population sizes that are equal as possible and follow the center lines of streets or canals. Karnes will lead the redistricting process, which will take place through 2022. Once complete, the council members must act on the ordinance 120 days prior to the primary election.

Attorney Beth A. Prather has joined Green Schoenfeld & Kyle LLP, a law firm specializing in estate and business planning, probate, elder law and corporate law. With almost 30 years of legal experience, Prather’s areas of expertise include elder law, estate planning, probate, guardianship, Medicaid and VA benefits.

Prior to joining the firm, she managed her own elder law practice. She currently serves as secretary of the Southwest Florida Chapter of the Florida State Guardianship Association.

Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that stockholder Shannon M. Puopolo is now Florida Supreme Court Certified as a Circuit Court Mediator. Puopolo joined Henderson Franklin as a summer associate and has spent her entire career at the firm. Puopolo represents companies and financial institutions involved in complex business litigation matters, including alternative finance transactions, partnership disputes, association law, collection matters, commercial and residential eviction proceedings, creditors’ rights in bankruptcy, lien law, and real estate and trust litigation.

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Aloia Roland Ranked in 2022 U.S. News & World Report Aloia new ad "Best Law Firms" Construction Litigation With nearly three decades of experience, Frank Aloia, Jr. is among the nation’s top attorneys in his field. Managing complex legal business matters, Frank, his partner, Jack Morgan, and their talented team of attorneys serve, litigate, and consistently keep their clients best interests at the forefront.

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