Res Gestae - January 2021

Hampton's Presidential Vision for 2021 The Far Reaches of State Budget Cuts

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

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contents on the cover

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ad directory

Hampton's 2021 Presidential Vision

Service to Others is Front & Center Keith Grossman, Esq. Cover: Blake Hampton, Esq., 2021 LCBA President Original photo courtesy of Dovetail PR & Marketing Photo composite by April Bordeaux

special feature

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State Budget Cuts

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Noelle Branning, Esq.

departments

25 Guest Attorney Column

6 Letter from the President

Blake Hampton, Esq.

8 Letter from the Executive Director

Lauren Baugh

Subchapter V Bankruptcy Mike Del Lago, Esq. & Christian Garrett Haman, Esq.

26 Legal Lens

LCBA Holiday Party

30 The Dish

10 Calendar of Events

12 Ethically Speaking

32 New Members

Henry Lee Paul, Esq.

14 Practice Section

Intellectual Property Law

Mark Nieds, Esq. & Luca Hickman, Esq.

16 YLD Spotlight

Shirlarian Williams, Esq.

18 Legal Lens

YLD Holiday Fiesta / LCBA Foundation Virtual Wine Tasting

Ella Mae's Diner Lauren Baugh

33 100 Club 34 5 Things You Don't Know

About Me

Sonia Troche (Hon. Josephine Gagliardi's JA)

36 5 Things You Don't Know

About Me

Travis Russell, Esq.

38 In The News

Aloia, Roland, Lubell & Morgan, PLLC 9 Barbara Pizzolato 13 Bounds Law Group 19 Boy, Agnew, Potanovic 19 Business Observer 17 Calvo & Calvo Attorneys at Law 31 CONRIC PR & Marketing 36 CopyLady IFP Dal Lago Law 13 DeMine Immigration Law Firm 23 Denise Kennedy 35 Direct Impressions 37 Donna Tisch 15 Edison National Bank BC Frank Piazza, P.A. 37 Henderson, Franklin, Starnes & Holt, P.A. 34 Hurtado Immigration Law Firm IBC Imagine Wellness Spa 11 Law Firm of Scott T. Moorey 35 Law Offices of Dennis L. Webb 33 Law Offices of Dennis L. Webb,Justin Hales, Esq. 27 Kelleher Law, PA 17 Leonard P. Reina 15 Livingston Law 15 Mark B. Yeslow 27 Markham Norton Mosteller Wright & Company PA 23 McHale, P.A. 37 Men's Rights Law Firm 32 Morgan & Morgan 7 Musca Law Office, Inc. 3 REAS, Real Estate Advisory Services, LLC 27 Roetzel & Andress 35 Sheldon E. Finman, P.A. 38 Spivey Law Firm Personal Injury Attorneys, P.A. 5 Sproat Workplace Investigations 11 Stockman Mediation 17 The North Law Firm, P.A. 22 Wright Mediation 13

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president's letter Happy 2021! I’m sure we can all breathe a sigh of relief that 2020 is now in the past. To say the least, the past year has been challenging. For most of us, it was life-changing, and perhaps even careeraltering. For those impacted directly by COVID-19, and the pandemic as a whole, you have my sympathy and well wishes.

LEE COUNTY BAR ASSOCIATION administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

executive council

BENCH-BAR GALA

LAW RELATED EDUCATION

Danielle Butler, Esq.

T. Rankin Terry, Esq.

DIVERSITY AND INCLUSION

LAW WEEK

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

Hon. John S. Carlin

HEALTH AND WELLNESS

LCBA FOUNDATION CHARITY GOLF TOURNAMENT

John Miller, Esq. and Joel Hyatt, Esq.

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

HISTORY

MOCK TRIAL

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

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

Shanthy Balachanthiran, Esq.

practice section chairs ALTERNATIVE DISPUTE RESOLUTION

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

Alex Brockmeyer, Esq. and Matthew Irwin, Esq.

IMMIGRATION LAW

Indera DeMine, Esq. and Nirupa Netram, Esq. INTELLECTUAL PROPERTY LAW

Luca Hickman, Esq. and Mark Nieds, Esq.

CRIMINAL LAW

LAND USE AND GOVERNMENTAL LAW

Kathleen Fitzgeorge, Esq. and Leah Harwood, Esq.

Sarah Spector, Esq. and Erica Woods, Esq.

ELDER LAW

REAL PROPERTY, PROBATE AND TRUST LAW

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

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

Carlos Kelly, Esq. and George Knott, Esq.

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

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

committee chairs

We will also focus on ways the law profession can become more environmentally friendly and sustainable in its practices.

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TREASURER

Spencer Cordell, Esq.

BOARD MEMBERS

In addition to the pandemic, last year brought many social, environmental, and health-related issues to the forefront. I passionately feel the LCBA and its members should be doing our part regarding these issues. Therefore, we will focus on education and action as it relates to diversity and inclusion more than ever.

We are starting this year with a positive outlook, a new logo for the LCBA, a new Board of Directors, an expanding membership, and a new website in the works. I look forward to serving as your president and am excited to “Restart the Bar” in 2021.

VICE PRESIDENT

Tiffany Pereira, Esq.

Peter Knize, Esq. Michael Anthony Pica, Esq.

With the positive feedback from the virtual events, we will focus on providing safe, in-person events AND continue to offer a virtual option for those who either can’t attend in-person or are uncomfortable doing so. I believe individuals should have the liberty to choose whether to attend in-person or not, and therefore, we will move all our events to this ‘hybrid’ model.

Any meetings that are regularly held in the courthouse will be subject to guidelines and restrictions of the Twentieth Circuit.

And last, but not least, we will offer topics on health and wellness. Now, more than ever, we want to ensure our members have the tools and resources to take care of themselves both physical and mentally.

SECRETARY

Kathleen Smith, Esq.

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

Despite the challenges 2020 brought, I am grateful to be the 2021 Lee County Bar President. I hope this year brings you joy and new achievements and brings our association together in solidarity.

Although there were many pitfalls to the pandemic, one positive outcome is it pushed our profession into the 21st Century. Acting on short notice, the LCBA ‘went virtual’ last year. With the support of our Executive Director, Lauren Baugh, this transition was seamless and effective. In fact, some of our events were better attended virtually than they had been in-person. The Bench was equally impressive in offering virtual hearings for the first time.

PRESIDENT

Blake Hampton, Esq.

LeeBar.org

Jennifer Hammond, Esq., Kenneth Kemp, Esq., and Peter Knize, J.D., L.L.M. SOLO & SMALL FIRM

Conor Foley, Esq. TORT LITIGATION

Dawn Maselli, Esq.

executive director's letter Happy New Year to all! While I do not like to wish time away, I am glad 2020 is in the past. I look forward to 2021 and hope we return to normal as soon as possible.

We have a great year planned with impactful topics for our luncheons.

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

Each year we get a new LCBA President, and this year, we are excited Blake Hampton is leading us. Our Board planned our 2021 calendar and discussed direction(s) to take, and you will be excited.

PUBLISHER

Connie Ramos-Williams | 239.690.9840 Ext. 1001

EDITOR-IN-LAW

Tiffany Pereira, Esq.

MANAGING EDITOR Keith Grossman, Esq.

We have some huge news; by now, you may know, we are working on rebranding the LCBA! We are excited to showcase our new logo designed alongside Red Met Yellow Creative.

We collectively came up with a beautiful logo that showcases significance to the legal world and our Lee County roots!

CREATIVE DIRECTOR April Bordeaux

ADVERTISING DIRECTOR

Linda Fiore | 239.690.9840 Ext. 1006

FEATURE WRITER

Keith Grossman, Esq.

Our new logo includes both sides of the scales of justice, whereas before, we had only one side. We included the Lee County outline and colored it goldenrod, a color that signifies the sun’s bright golden color. After all, we are in the Sunshine State. We included two shades of blue to emit the emotion of comfort and radiate confidence. We kept the palm tree, as Lee County is nationally known for our palm trees. Lastly, we went backwards, and then forwards, using an older version of the LCBA logo and modernizing it as a brighter and sharper image.

As we did for the logo, we are focused on sharpening and modernizing our events. We are happy to bring Sexto Productions into our family of sponsors and are partnering with them to produce and livestream all in-person events. We realized we needed to be forward-thinking and arranged this partnership to use technology so we can provide all members the opportunity to attend events, whether or not you are comfortable coming in-person.

We will continue to be flexible and creative in what we offer our members. If you have any ideas — perhaps a CLE topic, a social event, or anything else — please reach out and let me know. If I can make it happen, I will!

We thank all our members and sponsors for continuing to support the LCBA. We are proud to call you our partners. May January bring you many blessings and successes and pave the way for a wonderful 2021!

CONTRIBUTING WRITERS

Blake Hampton, Esq. Lauren Baugh Henry Lee Paul, Esq. Shirlalian Williams, Esq. Mark Nieds, Esq. Luca Hickman, Esq. Noelle Branning, Esq. Mike Del Lago, Esq. Christian Garrett Haman, Esq. Sonia Troche Travis Russell, Esq.

CONTRIBUTING PHOTOGRAPHER Jim Jett Photography

BILLING INQUIRIES 239.334.0047

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

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

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

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

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

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January

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RPPTL VIRTUAL CLE

Noon - 1 p.m.

Speaker: Richard Mancini, Esq. Topic: “RPPTL: Case Law Update”

NEW YEAR'S DAY

LCBA and courts closed

ADR VIRTUAL CLE

Noon - 1 p.m.

Speaker: Keith Grossman, Esq. Topic: “Where are the People? Mediating in an Online World”

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YLD SOCIAL

5:30 – 7 p.m.

Location: SoHo Speaker: Shirlarian “Shae” Williams, Esq. Topic: YLD Board Intro and 2021 YLD Vision

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ADR and Business/ Civil Litigatoin Sections Virtual CLE

Noon - 1 p.m.

Speaker: Denise Wheeler Wright, Esq. Topic: Cultural Diversity Issues in Mediating Commercial Litigation Disputes

28 CLE

Pro Bono Committee Virtual

Noon - 1 p.m.

Speaker: Kristalyn Atwood, Esq. Topic: Non-profit Legal Matters

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Hello

Annual Swearing In Luncheon

Noon – 1:30 p.m.

Sidney Berne Davis Art Center Members/Sponsors FREE Non-Members $25. Virtual option offered.

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

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

Thank You to Our 2021 Annual Sponsors

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ethically speaking

THE LEGAL PROFESSION FACES CHANGE AND CHALLENGE IN 2021 by henry lee paul, esq.

I

write this article near Thanksgiving in the year of COVID – 2020. As we approach a new year, which we hope will render the pandemic a relic of history, the legal profession has a host of new challenges.

Not only must we determine how remote practice accommodations will be incorporated in a post-COVID world, there are several major policy issues currently before the Florida Supreme Court to be decided soon.

In my November 2019 article, I addressed The Florida Bar v. TIKD Services, LLC, SC18149, in which The Florida Bar petitioned to prohibit the unlicensed practice of law. The Florida Bar complained TIKD was improperly advertising and obtaining customers who received a traffic ticket, accepting fees, and referring customers to an attorney who TIKD paid. The TIKD issues are central to a broader evaluation of access to legal services the Court and the Bar are considering.

In December 2019, The Florida Bar proposed Chapter 23 (SC19-2077). The new chapter would allow a “registered online service provider to advertise, charge, and collect fees… and is not required to file advertisements with The Florida Bar for review.” Additionally, The Florida Bar’s Board

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of Governors is considering amending Chapter 20 (Florida Registered Paralegal Program) to allow limited provision of legal services by a new category of “Advanced Florida Registered Paralegals.”

In my February 2020 article, I suggested the proposed Chapter 23 appeared to be a significant policy change. On November 3, 2020, the Supreme Court took the highly unusual step of deferring the consideration of proposed Chapter 23 pending the outcome of the TIKD case. Additionally, the Board of Governors tabled further consideration of amendments to Chapter 20. It seems likely the TIKD case will result in a major policy statement on the practice of law and type of legal services non-lawyers may provide.

The Court will determine an additional major policy issue in Arch Insurance Company v. Kubicki Draper, LLC, SC19-673.

At issue is whether a law firm’s malpractice insurer has standing to sue a lawyer hired to defend their insured for malpractice. If the Court finds for the insurance company, it will be a dramatic expansion of a party not in privity with a lawyer to sue for malpractice.

However, despite these fundamental policy issues, perhaps our profession’s most LeeBar.org

important challenge is providing leadership in helping to confirm faith in the rule of law and the importance of civility in our nation’s public discourse.

The preamble to The Rules of Professional Conduct, affirms “As a member of a learned profession…. a lawyer should further the public’s understanding of and confidence in the rule of law and the justice system, because legal institutions in a constitutional democracy depend on popular participation and support to maintain their authority.”

It is hoped our profession can embrace the obligation stated in the preamble and provide leadership in instilling confidence in our legal institutions by embracing civility in the face of a torrent of social media incivility that is so prevalent and destructive to faith in our heritage.

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: intellectual property law

Members now have a place to discuss current issues and developments in the field of intellectual property law

by mark nieds, esq. and luca hickman, esq.

T

he inaugural LCBA Intellectual Property (“IP”) Law Section was launched in November 2020.

The IP Law Section’s first event was a complimentary CLE educating members on the basics of IP law and drew over 35 participants (virtually). The number of attendees reflects the importance of IP law to the LCBA’s membership and is the driving force behind formation of this new practice section. The IP Law Section is co-chaired by two Henderson Franklin attorneys, Mark Nieds (who also serves as chair of the firm’s Intellectual Property Group), and Luca Hickman, a Registered Patent Attorney.

The mission of the LCBA IP Law Section is to provide members with a forum to discuss current issues and developments in the field of intellectual property including

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patent, trademark, and copyright law, as well as internet and data privacy, licensing and related transactional matters.

Throughout the year, the IP Law Section will offer various CLEs and educational programs, case law updates, and, COVIDallowing, networking opportunities among IP attorneys, LCBA members, and others in the public and private sectors with an interest in IP. True to LCBA’s overall mission, the IP Law Section will also be a resource to citizens and businesses in Lee County by providing news and information in the IP field through clinics and knowledge programs. Similarly, as the public and private schools in Lee County are educating the next generation of entrepreneurs and inventors, the IP Law Section can provide opportunities for students to learn about LeeBar.org

the laws surrounding entrepreneurism and inventorship. Additionally, the IP Section will provide Lee County businesses and residents with a place to turn to locate qualified attorneys in a complex field.

All LCBA members who practice IP law, and those who are interested in IP law, are encouraged to join the IP Law Section.

Mark is Chair of Henderson Franklin's Intellectual Property Group and concentrates his practice on intellectual property. Mark serves as co-chair of the LCBA's Intellectual Property Group Section. For more information contact Mark Nieds at 239.344.1153 or mark. nieds@henlaw.com.

Luca Hickman is a registered patent attorney at Henderson Franklin. Luca serves as co-chair of the LCBA's Intellectual Property Group Section. You can reach Luca at 239.344.1307 or luca.hickman@ henlaw.com.

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YLD spotlight

Thriving in 2021 by shirlarian williams, esq.

Hello YLDers!

My name is Shirlarian Williams and I am excited to be your 2021 Lee County Bar Association Young Lawyers Division President.

I would like to begin by thanking our immediate past president, Tiffany Pereira, and the rest of the 2020 Executive Board for their amazing leadership last year.

As we all know, 2020 was a challenging year; however, Tiffany and her team did an excellent job of navigating through the storm to ensure the YLD continued providing programming and CLEs that were meaningful to our members.

Next, I would like to thank everyone who attended our 2020 Holiday Fiesta (photos for the event are on page 18). The Holiday Fiesta was held outside on the patio at Coastal Dayz Brewery in Fort Myers. The members were able to dine on Tijuana Flats, while enjoying delicious beverages and mingling with other members. And it was all for a great cause. Members were

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asked to bring a toy to donate to children in need. The YLD was able to collect tons of toys to donate to children for Christmas, and we could not have done it without support from our members, so thank you.

The theme for YLD in 2021 is “Thriving During a Pandemic”. We have several programs we are working on to help you thrive in your professional and personal life. A few of the topics we will be discussing this year are: •

Billable Hours (Tips and Tricks to Capturing Your Time and Meeting your Goals),

•

Marketing (How to Attract New Clients in 2021 and Build Your Business), and

•

Health/Wellness (How to Maintain a Work-Life Balance).

We also have several social events planned through the year, as well as community service events.

LeeBar.org

Social distancing and safety protocols will be observed at all our events. In fact, we have even made some changes to the format of our events. Most of our meetings and programming will be offered in a hybrid model, meaning in-person and virtually. We are excited to offer this new hybrid model to our members and hope you will join us in whatever capacity you feel most comfortable. Our members’ health and safety are extremely important to us.

If you are interested in getting involved in the YLD, please feel free to contact me at SNW@KubickiDraper.com. Also please like and follow us on Facebook and Instagram.

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legal lens Everyone had a BLAST at the LCBA YLD Holiday Fiesta held at Coastal Dayz Brewery on December 4th. Yummy tacos and nachos from Tijuana Flats were a big hit. Thank you to all who attended and brought toys for our Abuse Counseling and Treatment, Inc. toy drive!

1

On Friday, November 20th the LCBA Foundation held its Annual Wine & Cheese Tasting for the first time using Zoom. Participants received a charcuterie board featuring artisan cheeses, paired with red and sparkling wines. Proceeds from the event will benefit local charities.

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LeeBar.org

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SERVICE TO OTHERS IS FRONT AND CENTER FOR 2021 UNDER HAMPTON’S LEADERSHIP by keith grossman, esq.

B

y the end of his year as President of the Lee County Bar Association, nobody will have accused Blake Hampton of having a narrow vision.

Hampton says, “I believe we can do a better job serving all segments of our community. The social issues around race and inequality this past year brought to light how much work there still is to do in this area. The LCBA needs to make it a priority to better understand issues surrounding diversity and inclusion and educate ourselves on how we can make a better impact for these demographics within the legal community.”

Hampton also says, “I believe adapting to the COVID world and post-COVID world will be increasingly important. The Florida Supreme Court and our Twentieth Circuit have done a fantastic job embracing online options and adopting digital integrations.”

Hampton will be sworn in as the LCBA’s 71st president in January.

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LeeBar.org

providing new ideas to the profession A solo practitioner, Hampton has a history of being ahead of the curve in how he practices law. He has a vision and acts on it. He looks at law as a gateway to many opportunities.

“My practice has been virtual from the beginning and was well positioned to deal with COVID-19. I hope I can provide new ideas to a profession that must evolve and react to new challenges and new technologies,” he says.

Thomson Reuters has named Hampton a Super Lawyers Rising Star multiple times, and in 2017, Naples/Lee Herald Magazine recognized Hampton as a top 40 under 40 professional.

In his free time, Hampton enjoys hiking, traveling, and spending time with his wife, Kate and their Cavalier King Charles Spaniel, D’Artagnan.

Hampton additionally says, “I like the idea of practicing in alternative ways.”

clients with the same types of challenges as his brother, Hampton learned the value of mastering the rules and regulations of the various governmental agencies managing programs servicing the elderly, the disabled, and Veterans.

He says, “It’s great to make them use their own rules.”

For Dale, Hampton primarily provided support in creating continuing education programs. He learned the value of educating professionals and the public about these areas of law and developed skills in production and editing for that purpose.

Hampton grew up in Fort Myers and graduated from Fort Myers High School.

As a 16-year-old, Hampton worked as a courier at the law firm now known as Sheppard Law Firm. He says the experience opened his eyes to the practice of law. He appreciated the level of complexity of the work and the ability to help people with estate planning and real estate needs.

Local attorney Craig Hersch is another professional who influenced Hampton, as well as giving him his first job opportunity as a lawyer. Hampton points to Hersch’s marketing practices as an innovative approach to educating potential clients with the use of video. This experience enhanced Hampton’s understanding of the value of educating the public. He assisted with recording and editing videos and “picked up skills I still use today”.

Hampton went on to attend University of Florida where he obtained a Bachelor’s degree in History and a Master’s degree in Business. He then obtained his law degree from Stetson University College of Law.

Hampton also says, “Currently, my approach to comprehensive Elder Law is most similar to close friend and mentor, Beth Prather.”

When Hampton returned to Fort Myers after law school, he worked as an associate attorney for Sheppard in the areas of estate planning and long-term care planning.

In 2015, Hampton founded Hampton Law to focus on comprehensive, long-term estate planning and estate administration.

He says, “My passion and focus has always been on assisting Veterans, the elderly, and the disabled.”

Hampton is a VA Accredited Attorney and is one of the youngest attorneys admitted to the US Court of Appeals for Veterans Claims. He currently serves on the Medicaid, VA Benefits, and Special Needs Trust Committees of the Florida Bar Elder Law Section. Hampton also serves as Vice President on the Board of Directors for LARC, Inc.

influencers for creativity and innovation within the law Hampton credits three attorneys for showing him ways to be creative and innovative within the law to better serve clients.

During his second year of law school, a professor introduced Hampton to California Attorney Steven Dale for the purpose of obtaining required pro bono credit hours.

Dale is an estate planning attorney, and Hampton describes him as a “real authority and pioneer” in the area of special needs law. Hampton is connected to that type of work because he has a brother with special needs.

Besides understanding how he could serve

January 2021

vision for the lee county bar association Hampton says, “My biggest goal for the LCBA is to foster involvement from more members with new programming, more options to attend, and diverse topics. My predecessors, Scott Atwood and Kelly Fayer, were kind to provide me with opportunities to be more involved in the Bar association and I want to provide that same opportunity to others.”

He also acknowledges the closeness of the LCBA’s Executive Council as a strength of the organization. He says the structure of the Executive Council allows the board members to develop relationships, stay involved at a leadership level, and results in “consistency and chemistry”.

Hampton says they avoid disharmony and can respectfully discuss differing opinions.

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“I believe everyone on the board has the ability to be president.”

LCBA as you are not only serving the membership, but also the community. “I believe everyone should take their turn serving their local bar association in some capacity.”

In 2021, almost every event will be offered in a hybrid format, which means the LCBA will be using virtual options such as Zoom or Microsoft Teams as well as the ability to attend an event in-person.

Hampton also recognizes the value to the individual members.

“Our goal is to promote involvement, and everyone should be able to participate comfortably and safely, and according to their comfort level,” Hampton says.

As part of Hampton’s focus on social and community issues, programming will include topics such as diversity and inclusion, mental health, and agriculture and environment. Programming will also recognize Hispanic Heritage Month and Black History Month.

Hampton says, “My goal is to have an LCBA event in the Dunbar community. This is still in the early stages of planning, but it is a major goal of mine.”

Hampton also talks about unveiling a new logo for the LCBA and significantly

“Serving the LCBA has helped me learn more about my peers and what they do and how it fits together within the legal community. No one can go it alone, and even as a sole practitioner, I have relied on advice and expertise from my colleagues within the LCBA to make me a better professional.” updating the organization’s website.

serving the legal community Hampton stresses the value of serving the LCBA because the work is important to both the membership and the larger community.

I believe it is important to serve the

Hampton says, “I plan to leave our LCBA members with a positive outlook and to leave a lasting impact on the organization.”

These are the words of a man with a large vision and the perseverance to act on it.

After a year of COVID challenges, Hampton says, “It’s time to ‘Restart the Bar”.

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COMPANIES INCREASINGLY TURNING TO SUBCHAPTER V BANKRUPTCY AS A LEGAL, VIABLE “GET SOLVENT QUICK” SCHEME by mike dal lago, esq. and

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or almost a year, companies throughout Southwest Florida have grappled with COVID-19’s impact on their bottom line. However, businesses have quietly started using a little-known subchapter of the Bankruptcy Code to reorganize faster, and on more preferable terms, than they would have in a traditional Chapter 11 bankruptcy case.

Debtors and creditors alike should take note—failure to do so may result in multimillion-dollar mistakes.

Traditional Chapter 11 bankruptcy cases have been supremely effective for countless large businesses, but small and mid-sized businesses have had a more difficult time seeking this form of reorganizational relief. Between 2008 and 2015, less than 30% of Chapter 11 bankruptcy cases filed by small and mid-sized businesses ended in a successful reorganization. In response to those dismal statistics, the Small Business Reorganization Act (“SBRA”) was passed, which expedites Chapter 11 reorganization for most businesses with less than $2,725,625.00 in debt by creating a “Subchapter V” to Chapter 11.

Subchapter V, for its part, expedites the reorganization process by reducing administrative overhead and eliminating bureaucratic red tape. In exchange, the

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SBRA sets hard and fast deadlines for debtors to file a plan of reorganization and exit the bankruptcy arena.

The SBRA took effect on February 19, 2020—less than a month after the U.S. Department of Health and Human Services announced COVID-19 was a public health emergency. After watching innumerable businesses permanently shut down, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act was passed, which increased Subchapter V’s debt limits to $7,500,000.00 for qualifying businesses that file for relief before March 27, 2021.

Many small and mid-sized businesses, leery of congressional inaction, have already made plans to file relief right before the CARES Act’s Subchapter V expansion expires. In so doing, such businesses can take advantage of Subchapter V’s generous “cramdown” provisions.

Many Chapter 11 debtors take advantage of “cramdowns”, whereby a plan of reorganization is confirmed over the objections of creditors who feel they are not getting a fair deal. In ordinary Chapter 11 cases, a plan of reorganization can only be “crammed down” if, inter alia: (i) the plan is accepted by at least one class of claims impacted (or “impaired”) LeeBar.org

by said plan; and (ii) the plan itself is “fair and equitable”.

Subchapter V eliminates the requirement that an impaired class approve the plan of reorganization and, as shown below, radically changes how courts interpret whether a plan is “fair and equitable”.

In a traditional Chapter 11 case, the Bankruptcy Code provides stringent standards for a debtor seeking to use a cramdown against unsecured creditors (i.e. creditors without a legal or equitable interest in the debtor’s property). For Subchapter V debtors, those standards are relaxed to the point a debtor can cramdown unsecured claims if the plan of reorganization shows the debtor will use all their projected disposable income to pay off creditors for 3 to 5 years (with that number fluctuating within the court’s discretion). Before, a business debtor seeking a cramdown against

unsecured creditors would have to satisfy the “absolute priority rule”, which would prohibit shareholders from retaining their equity in the debtor unless the unsecured creditors were paid in full.

Traditionally, undersecured creditors (i.e. those with deficiency claims) were the final arbiters of whether a plan would succeed, as they were able to reject plans of reorganization as secured creditors, and then could strongarm the unsecured class of creditors into also rejecting the plan. With Subchapter V bankruptcy, undersecured creditors have seen their power dissipate.

Many small and mid-sized businesses

interested in financial restructuring are in a great position to get the reorganization they seek, on terms they seek—but they must understand time is running out.

Similarly, time is running out for institutional creditors to prepare for the coming wave of Subchapter V filings. When seeking counsel for these matters, companies should ensure their attorneys are experienced in dealing with Subchapter V bankruptcies. After all, no business wants to be caught on the wrong side of a “get rich quick scheme”, and no business should want to be caught on the wrong side of a “get solvent quick scheme”.

January 2021

Mike Dal Lago, the founder of Dal Lago Law, has more than 20 years of experience in insolvency matters, and providing customized and comprehensive legal business solutions for businesses in Southwest Florida. He has consistently been recognized in Florida Trend’s prestigious Legal Elite list, and is an AV Preeminent® Peer Review Rated attorney

by Martindale-Hubbell®. Mike is admitted to practice law in Florida, New York and New Jersey.

Christian Haman is an Associate Attorney at Dal Lago Law. He assists companies at all stages of their corporate development, primarily representing debtors and creditors as they navigate the complexities of Chapter 11 bankruptcy. He was recently selected to participate in Florida Gulf Coast University’s 2020 Leadership Academy.

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legal lens Members enjoyed an evening of holiday cheer at the LCBA Annual Membership Holiday Party held on December 10th at Edison Restaurant, Bar & Banquet Center.

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Lauren Baugh with sponsor banner Vera Bergermann John Webb, Blake Hampton Michael Anthony Pica, Spencer Cordell, Blake Hampton, Matt Roepstorff, Tiffany Pereira, John Miller 5. Katherine and Michael Camadeco 6. Cynthia Duff, Dan Detrick 7. Danielle Liguori O'Halloran, Ryan O'Halloran, Matt Roepstorff, Mairin Roepstorff, David Seitz 8. Spencer Cordell, Shatree 'Tia Jones Cordell and kids 9. Travis Russell, Jim Kelleher, Tiffany Pereira 10. Dennis and Nalene Webb For more pics, check out the gallery at LeeBar.org

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10 LeeBar.org

Photos courtesy of Jim Jett Photography

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special feature

THE FAR REACHES OF STATE

CUTS

by r. noelle branning, esq.

lee county tax collector, elect

2020

— the year of (think Mad Libs: you fill in the blank) — some people will cite health concerns, others will think of social concerns. But, for some government agencies, budget cuts is where they got hit the hardest.

The legal community, and community at large, may not even know how government agencies are operating with budget shortfalls, but everyone will feel the ripple effects over time. In an effort to shed light on budget cut impacts, I was grateful for some straight talk with the 20th Judicial Circuit’s State Attorney and Public Defender, the Lee County Clerk of the

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Courts, and the Lee County Administrative Office of the Courts.

the revenues would fall short of our expenditure budget and our funding would be reduced significantly. As expected, our budget was cut about $1.5 million for the last quarter of our fiscal year ending Sept. 30.”

The state budget cuts were not a complete surprise to all four agencies. Linda Doggett, Clerk of the Courts, says her office definitely had plenty of warning about budget cuts. The Clerk’s budget 20th Judicial Circuit Public Defender, Kathy Smith, said she had been through is based on revenues collected by the Clerk for court fees and fines. Doggett the 2008 downturn and could see some shared, “In March, we saw a sharp drop of the same signs as before and knew in revenues of budget cuts were a greater than 50% likely outcome. "...our budget was Amira Fox, 20th in one month cut about $1.5 million (March 2020). This Judicial Circuit for the last quarter State Attorney, was happening of our fiscal year" statewide so it was told several Linda Doggett, was obvious that months ago to Clerk of the Courts LeeBar.org

"The freeze affects our ability to recruit the best of the best."

concerns. And the workloads for all attorneys, both Assistant State Attorneys and Assistant Public Defenders, have increased.

Kathy Smith, it 20th Judicial Circu Public Defender

be prepared for a 6% budget withhold overall. Fox recalled, “All state agencies went through an exercise to show what services would look like with prospective 8.5% and 10% cuts.”

Like the Clerk of the Courts, the Administrative Office of the Courts (AOC) anticipated the budget reduction but did not know whether it would impact the current or next fiscal year. Scott Wilsker, Trial Court Administrator, says, “The AOC had to await guidance from the Florida Supreme Court’s Trial Court Budget Commission, which has since notified the state courts that the current fiscal year will be impacted and certain funds not already spent will revert to the State.”

With cuts looming, each agency took drastic immediate steps with a similar theme: hiring freezes. The hiring freezes leave each agency to embrace the adage, “Doing more with less.”

As of the second week in November, the State Attorney’s Office had 31 vacancies.

The Clerk’s office is expected to have approximately 20 vacancies this fiscal year. Hiring freezes have been the immediate impact to each agency, but the resounding aftermath is affecting training, workloads, and morale.

Fox explains, “Staff has had to double workload in areas.

Supervisors have had to pick up dockets when traditionally they are training and mentoring new Assistant State Attorneys. Felony attorneys have been assisting with misdemeanor intake and trials. They are ‘all hands-on deck’ and have stepped up in a way that makes me incredibly proud.”

The hiring freeze in the Office of the Public Defender has adversely affected successful recruitments and expansion of services.

Smith laments, “There are lots of qualified people who want jobs. But if you are unsure you can offer employment, then they go somewhere else. The freeze affects our ability to recruit the best of the best.

Additionally, in last year’s budget we received three new positions designated for expansion of mental health services like re-entry and early intervention, but the budget cut was more than the funding provided for those positions.”

Internally, these agencies continue to monitor and adjust to the uncertainty of the budget environment. The community in need of services will also have to be prepared to adjust.

The AOC wants the legal community to In the Clerk’s office, Deputy Clerks are understand that with limited access to learning more the courthouse, functions and lawyers should "Staff has had to performing expect increased double workload duties outside of remote hearings in areas." l job descriptions. icia Jud th requiring the use 20 x, Fo Amira ey The State Circuit State Attorn of technology, Attorney’s Office in-person jury has increased trials requiring their in-house creative methods training for Assistant State Attorneys as to ensure social distancing and safety, and travel for continuing legal education has modified procedures to facilitate remote been halted due to health and budget hearings and in-person jury trials. Doggett January 2021

encourages all attorneys to electronically file all documents with the Clerk and the Court (documents for judicial review), including documents traditionally submitted in paper format, like wills.

Both the State Attorney and Public Defender are primarily concerned with community safety. Smith shared concerns, “My hope is that when the budget and revenue rebound that the 6% will be restored so we can start from ground zero again. If not, we will be unable to provide the needed services that impact recidivism and that makes the community less safe. When you have people, who are mentally ill or substance abusers, that you can’t handle in a responsible way, they are going to "...the current recidivate, and fiscal year will this will be even be impacted and costlier.” certain funds not Fox, unsure of already spent will the future of her revert to the State.” budget, says, Scott Wilsker, Trial Court Administrator “I am hoping very much that the importance of the work of the State Attorney’s Office for community safety will be recognized and we won’t suffer more setbacks. Our Circuit has had the lowest crime rate for 8 years in a row. When funds are not available community safety is impacted because special programs for drug addiction and mental health are the first to be cut.”

The agencies are rising to the challenge of 2020 and all share an appreciation for the community’s cooperation and patience. 2020, the year of (you fill in the blank) is leading us into 2021, a year of fiscal responsibility with a greater sense of community need. With stewards like these, our legal community will come through these obstacles stronger…together.

Noelle Branning is Lee County Tax Collector, Elect. Noelle earned her law degree at St. Thomas University School of Law. She worked with the 20th Judicial Circuit State Attorney’s Office as a Certified Legal Intern and then practiced law in the areas of criminal defense and family law. Noelle joined the Lee County Tax Collector as General Counsel in 2013 and became Chief Deputy Tax Collector in 2018.

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the dish

Ella Mae’s D iner at The Luminary by lauren baugh

D

owntown Fort Myers has a new restaurant, Ella Mae’s Diner, located in The Luminary Hotel.

Ella Mae’s Diner is adorable. You walk in and are greeted by a wall of glass bottles. While the art is beautiful, it made me wonder, why bottles? I asked The Luminary’s Sales Manager, Tamara Parker, and she informed me Ella Mae Piper was the proud owner of Big 4 Bottling Company right here in Fort Myers in the early 1900s!

Tamara told me more about this woman, who I also learned was a doctor, a Chiropodist. She did not have her Doctorate, but the community bestowed the Title of “Doctor” upon her for the work she did with people. Ella Mae Piper was a philanthropist to the core. She helped many people in Lee County and focused on students in the Dunbar area. She helped them in many ways, including providing scholarships, often with her own wealth.

Piper was most passionate about our elderly community. She was drawn to those who were underprivileged and

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disabled. That is why she left her property to the City of Fort Myers with the only stipulation that it continue to be used to help both the youth and the elderly. That building is now known as the “Dr. Piper Center”.

The story of Dr. Ella Mae Piper had me so excited to be sitting in her namesake!

I was with some of our very own philanthropists, The Honorable Kathy Smith, Public Defender, and Kathleen Fitzgeorge, Chief Assistant Public Defender. We sat down and ordered a variety of entrées for our lunch, and boy, were they delicious!

I am a sucker for collard greens, so I opted for those as a side to my Turkey and Bacon Club Sandwich. It is a typical diner option, but exceptional in flavor.

Kathleen selected the Cobb Salad and added a grilled chicken breast. It arrived picture worthy, and while I wanted to try a bite, I refrained. Kathleen said it was as delicious as it looked. Kathy ordered the Fish and Chips entrée, which is prepared with catfish. I really wanted a bite of this too, but again, I did not give in. Kathy also exclaimed it was as delicious as it looked.

LeeBar.org

Photo above: tukey and bacon club sandwich with a side of collard greens.

I now have two excuses to go back, the Cobb Salad and the Fish and Chips! The food is great indeed and knowing the story of Dr. Ella Mae Piper makes the experience feel so warm.

This being Fort Myers, it would not be the same if you do not see several people you know in a restaurant. Who else did we see at the table behind us? Why, our prior Mayor, Mr. Randy Henderson, with his wife, and our current Mayor, Mr. Kevin Anderson. While many regard Fort Myers

as a big town, some of us like to think of it as a small town with a big town feel.

The LCBA is fortunate to have our office in Downtown Fort Myers, where we have many amazing food selections to choose. Many Photo above: fish and chips entrĂŠe. of them also have local ties to our city.

The Luminary has opened a second restaurant named The Silver King Ocean Brasserie.

I plan to visit soon to try what I am sure will be delicious food, as well as learn the history behind that restaurant.

Photo above: cobb salad with grilled chicken breast.

For more information on The Dr. Piper Center, visit their website at DrPiperCenter.org.

Ella Mae's Diner 2200 Edwards Drive Fort Myers, FL 33901 833.918.1512 LuminaryHotel.com/taste Monday - Sunday 6:30 am - 9:00 pm

Lauren Baugh is the executive director of the Lee County Bar Association. She can be reached at lauren@leebar.org.

January 2021

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new members Colleen Leahy, Esq. Knott, Ebelini and Hart

Patrick Finnegan, Esq. Office of Regional Counsel

Robert Schwartz, Esq. Robert Schwartz, P.A.

Benjamin Lusk, Esq. Lusk, Drasites and Tolisano

Joshua Johanson, Esq.

Office of Criminal Conflict and Civil Regional Counsel

Francine Donnorummo, Esq. SAO

Donald Boyd, Esq. Adamczyk Law Firm, PLLC

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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 Lsw, P.A. 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 Coleman & Coleman, PLC. Cole Scott & Kissane, P.A. - Fort Myers Florida Rural Legal Services, Inc. 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 Hollander & Hanukah, Attorneys at Law Henderson, Franklin, Starnes & Holt, P.A. John Webb Legal Group, P.L. 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. Linde Law Group McQuagge & King Law FirmWW Men's Rights Law Firm O'Halloran & O'Halloran, Attorneys at Law 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. Simmons Law Firm, P.A. Spivey Law Firm, Personal Injury Attorneys, P.A. Strayhorn and Person, P.L. Viacava & Cantor Attorneys at Law Viles & Beckman, 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.

January 2021

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judge spotlight

Sonia Troche (JA to Judge Gagliardi)

1. I was a preschool teacher for 4 years, in which time I realized we have a lot to learn from 3 & 4 year olds!

2. Before I was a Judicial Assistant, I worked as a court clerk for a total of 13 years in Orange County and Lee County.

3. Going thrift store shopping and antique shopping is one of my favorite things to do. I collect vintage Pyrex dishes and I have found some pretty rare pieces.

4. I married my high school sweetheart. We have been together for 25 years.

5. I have a 23-year-old son and a 21-year-old daughter. My son works with my husband in our family-owned computer repair shop and my daughter is about to obtain her aestheticians’ license.

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member spotlight

Travis Russell

1. I was a high school varsity baseball player and state swimmer all four years.

2. I wanted to become an attorney after working for Assistant State Attorney Bob Dekle, who prosecuted Ted Bundy.

3. I met my wife, Tiffany Pereira, in law school. Everyone knew we would end up married, except us.

4. I turned 21 in Guantanamo Bay, Cuba while in the Coast Guard. I still had a good time.

5. Despite only owning a dog before I met Tiffany, I let her con me within a few months of dating into putting a mini horse in my car. Thirteen horses later and I have never looked back!

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in the news Ita M. Neymotin, of Fort Myers, Florida, is the Regional Counsel of the The Office of Criminal Conflict and Civil Regional Counsel, Second District Court of Appeal and has been appointed to membership on the Florida Board of Bar Examiners by the Supreme Court of Florida to succeed retiring Member Deborah S. Minnis of Tallahassee, Florida. Her term of office will extend through October 31, 2025. The Florida Board of Bar Examiners is an administrative agency of the Supreme Court of Florida charged with the responsibility of enforcing the Rules of the Supreme Court Relating to Admissions to The Bar. This involves the supervision of character background investigations as well as the administration and grading of the Florida Bar Examination.

For the 14th year, Goldstein, Buckley, Cechman, Rice & Purtz, P.A. offices collected toys during December that were then distributed by the U.S. Marine Corps Toys for Tots Foundation to approved local social welfare agencies, church groups and other organizations. “Supporting community-based organizations is within the core of Goldstein, Buckley, Cechman, Rice & Purtz, P.A., and Toys for Tots is an exemplary example of a local organization having a tremendous impact,” said Managing Partner Chris Smith. “It’s our privilege to be a part of the community for nearly 60 years, so we feel it’s important to give back.”

J. Dudley Goodlette, an attorney with Henderson, Franklin, Starnes & Holt, P.A., was appointed to the Naples Ethics Commission by Collier County Sheriff Kevin Rambosk. At the inaugural meeting, Goodlette was also named chairman. The Ethics Commission, which was overwhelmingly approved by over 70% of City voters in August 2020, has the authority and responsibility to develop and draft an amended Ethics Code, to advise the City Council in all ethical matters, to recommend proposed ordinances or resolutions, and to provide training in state and local ethics to all persons covered by the Ethics Code. Goodlette shares that he is “looking forward to working collegially with the members of the Ethics Commission to pursue the goals established by referendum.”

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