Res Gestae - July 2021 by Lee County Bar Association

Roam if you want to WANDERLUST RETURNS LCBA members share travel plans

Immigration Headlines During Biden's First 100 Days

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

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In Summer 2021, Roam If You Want To

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LCBA Members Share Travel Plans Keith Grossman, Esq.

special features

Florida Bar Survey Recap

20 departments 6 Letter from the President

Blake Hampton, Esq.

8 Letter from the Executive Director

Lauren Baugh

10 Calendar of Events 12 Ethically Speaking

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14 Practice Section

Real Property, Probate and Trust Law

Kenneth Kemp, Esq.

16 YLD Spotlight

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president's letter I can’t believe we are halfway through the calendar and the LCBA year. I hope you are enjoying your summer and maybe even planning excursions with friends and family. The LCBA is taking a summer break as well, as there is no in-person programming in July. Personally, I plan on hiking in Stowe, hanging out by Lake Champlain and taking long runs and walks in Vermont. If I’m lucky, the Canadian Border will be open and I can travel to Montreal for a weekend. The LCBA will resume in-person luncheons again in August with the Captains for Clean Water as our guest presenters to focus on water quality issues. Look for more details and registration for that event soon.

LEE COUNTY BAR ASSOCIATION administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

executive council

So even when you may not agree with or understand a person’s point of view or their experience, try to listen and treat them with respect. Promoting kindness and committing random acts of kindness is an excellent way to begin the process of connecting and learning. Kindness doesn’t cost a thing and the health benefits are numerous. I leave you with one last piece of advice, to quote the great Bill S. Preston, Esquire and Ted ‘Theodore’ Logan, “Be excellent to each other. And party on dudes!” It is Summertime after all.

SECRETARY

Kathleen Smith, Esq.

VICE PRESIDENT

TREASURER

Tiffany Pereira, Esq.

Spencer Cordell, Esq.

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

Peter Knize, Esq. Michael Anthony Pica, Esq.

BENCH-BAR GALA

LAW RELATED EDUCATION

Danielle Butler, Esq.

T. Rankin Terry, Esq.

DIVERSITY AND INCLUSION

LAW WEEK

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

Hon. John S. Carlin

HEALTH AND WELLNESS

LCBA FOUNDATION CHARITY GOLF TOURNAMENT

John Miller, Esq. and Joel Hyatt, Esq.

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

HISTORY

MOCK TRIAL

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

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

Shanthy Balachanthiran, Esq.

practice section chairs ALTERNATIVE DISPUTE RESOLUTION

IMMIGRATION LAW

Anne Dalton, Esq. and Bill Merchant, Esq.

Indera DeMine, Esq. and Nirupa Netram, Esq.

APPELLATE LAW

INTELLECTUAL PROPERTY

Alex Brockmeyer, Esq.

Luca Hickman, Esq. and Mark Nieds, Esq.

CORPORATE LAW

Mairin Roepstorff, Esq. and Alicia Olivo, Esq.

LAND USE AND GOVERNMENTAL LAW

CRIMINAL LAW

Sarah Spector, Esq. and Erica Woods, Esq.

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

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

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

Carlos Kelly, Esq. and George Knott, Esq.

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

RES GESTAE

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

committee chairs

My president’s message is focused on kindness. I discussed the unfortunate reality of aggression toward Asian Americans in the June issue, and we’ve been highlighting topics of diversity and inclusion via Res Gestae articles, luncheon programming, my president’s message, etc. throughout the 2021 year. I think we can all agree we could all do more to foster inclusion in our personal and professional lives. And one of the easiest, or most accessible ways to do this, is to just be kind. Years ago, my colleague and past LCBA president, Kelly Fayer launched the KindLee initiative. It had humble beginnings and then grew into a successful community-wide program with people submitting stories of how they were promoting and engaging in kindness. I encourage you to think about ways you can make someone else’s day better. Maybe you pick up coffee for a new coworker, maybe you call a family member you haven’t spoken to in a while, or maybe you volunteer at the Dr. Piper Center. However kindness manifests for you, do a little more of it. As attorneys, I like to think we set an example. Not only for our colleagues but our families and our community. Your actions resonate. They set the tone for others.

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RES GESTAE

executive director's letter Can you believe it? We made it to summer! Kids are out of school and now parents are trying to figure out how to balance work, summer camp and possibly summer vacation.

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

Now that most places are fully open and operational, we can all take some “me” time and see the sights. What does that look like for the LCBA? Well, since you asked, we are slowing down a bit for July to gear up for the later months! Some of us will be attending the Florida Bar Voluntary Bar Leaders Conference in Orlando, where we will learn the latest and greatest in the Voluntary Bar Association world. The new information we gather will help us bring you the latest and greatest in programming, CLEs, membership benefits and sponsorship opportunities.

PUBLISHER

Connie Ramos-Williams | 239.690.9840 Ext. 1001

EDITOR-IN-LAW

Tiffany Pereira, Esq.

MANAGING EDITOR Keith Grossman, Esq.

CREATIVE DIRECTOR April Bordeaux

ADVERTISING ACCOUNT EXECUTIVE Lisa Doyle-Mitchell | 239.851.4729

FEATURE WRITER

Keith Grossman, Esq.

We will have very few Zoom CLEs happening but will be back with several activities in August, including our August membership luncheon, where we will feature a panel of Captains for Clean Water experts to talk to us about the why, how, what and who of their world!

CONTRIBUTING WRITERS Blake Hampton, Esq. Lauren Baugh Henry Lee Paul, Esq. Kenneth Kemp, Esq. Katherine Camadeco, Esq. Pablo Hurtado, Esq. Vernon Guiguis, Esq. Kristianna Soto, Esq. Brian Riley

In other news, be on the lookout for a few other things also coming up: the Pro Bono Awards Luncheon Nominations, the Member at Large Nomination information for our 2022-2023 year and many other things, including our f amous Bench Bar Gala announcements! Save the date on your calendar now for the Bench Bar Gala: October 2nd. You are NOT going to want to miss this year’s Gala! We have not been able to host one since November 2019!! Congratulations to Judge James R. Adams on his retirement after serving on the bench for 28 years. As always, please reach out with any questions or ideas on CLE programming, or anything else LCBA! I am here for you and always want to hear your ideas!

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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RES GESTAE

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

July

4th of July Holiday Observed

LCBA offices and courts closed

LCBA ADR Section Virtual CLE

LCBA YLD Hybrid CLE Luncheon

Noon – 1 p.m. Topic: “Get a grip on your financial situation: on your mark, get set.... GO!” Speaker: Stacey Adams, Financial Advisor Register at LeeBar.org

LCBA Immigration Law Virtual CLE

Noon – 1 p.m. Topic: Immigration Consequences of Criminal Convictions Speaker: Jason Teeters and Jon Romine Register at LeeBar.org

Noon - 1 p.m. Topic: Staying Professional in Difficult Mediations Speaker: Kristie Scott, Esq. Register at LeeBar.org.

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

RES GESTAE

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July 2021

RES GESTAE

ethically speaking

Florida Supreme Court allows out of state attorney to reside in Florida and practice remotely in home state by henry lee paul, esq.

he Florida Supreme Court has taken a step towards acknowledging the realities of technology and the remote practice of law. Considering the pandemic, it would seem to be a straightforward matter to allow an outof-state practitioner to live in Florida while practicing remotely in their home state. However, the Florida Supreme Court has traditionally been slow to relax restrictions on the unlicensed practice of law (UPL). The Supreme Court recently approved the advisory opinion proposed by The Standing Committee on the Unlicensed Practice of Law in The Florida Bar Re: Advisory Opinion – Out of State Attorney Working Remotely From Florida Home, SC20-1220. In an opinion notably devoid of comment, the Court allowed a lawyer living in Florida and not licensed in Florida to practice remotely in his home state, provided he strictly complies with restrictions against offering any appearance of a presence in Florida. This authorization of remote practice by a lawyer not licensed in Florida may be the first step in the redefinition of UPL in Florida. As discussed in previous articles, two pending UPL matters are before the

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Supreme Court. The first, The Florida Bar v. TIKD Services, LLC, SC18-149, in which The Florida Bar seeks to prohibit TIKD Services, LLC (TIKD) from advertising and obtaining customers who received traffic tickets. These customers are then referred out to lawyers paid by TIKD. The second pending matter is the proposed Chapter 23 (SC19-2077) which 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, although not pending before the Supreme Court, The Florida Bar’s Board of Governors has been considering an amendment to Chapter 20 (Florida Registered Paralegal Program) to allow limited provision of legal services by a new category of “Advanced Florida Registered Paralegals.” The consideration of the proposed Chapter 23 and amendments to Chapter 20 have both been tabled pending the decision in the TIKD case. The Florida Bar membership has generally been hostile to relaxing practice restrictions. The adverse comments submitted in relation to the proposed Chapter 23 have been overwhelmingly negative. The argument in favor of maintaining restrictive UPL provisions is supported by the assertion they are LeeBar.org

necessary to protect the public. The assertion for greater access to legal services supports the argument in favor of relaxing UPL restrictions. Former Justice Cantero articulates this in his TIKD amicus brief. The former justice severely criticized the position of the Bar as reflecting “…the legal profession’s fear that this technological revolution will usurp attorneys’ market share and dominance of the legal-services market.” The former justice urged that “This Court should join the emerging trend and acknowledge that new business models can provide greater access to legal services for those who have been previously unable to obtain such services.” It remains to be seen if the Court will commit to relaxing practice restrictions in a manner compatible with its recent opinion.

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practice section: real estate, probate and trust law

Wills, trust, estates and real property section offers diverse topics relevant for all LCBA members

by kenneth e. kemp, esq.

y name is Kenneth E. Kemp II and I am the Co-Chair of the Wills, Trusts, Estates & Real Property Section of the Lee County Bar Association. For years, our Section met in one of the vacant courtrooms at the Lee County Justice Center. We would meet on Fridays, and it wasn’t just a “get together” to learn new topics. It was more about socializing, interacting with your peers, and introducing professionals to each other. But then COVID-19. Since COVID, our Wills, Trusts, Estates & Real Property Section continues to meet. However, we meet via Zoom instead of in person. Our attendees have been receptive to Zoom and many like the idea of continuing with Zoom after the courthouse resumes normal operation. We are currently considering our options moving forward. Some Section members suggested a combination of in-person

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meetings and Zoom. Please send us your input. Regardless of how we conduct our meetings moving forward, we miss our in-person time with our Section attendees. We miss introducing our sponsors and having lunch with our colleagues. We continue to have outstanding speakers. Our speakers range from non-lawyer colleagues in our Section to lawyers from other Sections. We also have had other non-lawyer professionals speak, including bankers and investment advisors. Our topics are exciting, new, and thought provoking. I believe our topics are the main reason why we draw a big crowd. Our colleagues want to learn, and we are teaching them, while having fun doing it. Because our Section encompasses and overlaps with other Sections, we invite speakers from other Sections as well as attendees from other sections. I believe you will find our discussion topics LeeBar.org

also affect topics of almost all other Sections. That is what makes our Section unique and diverse. We even offer free CLE credits with our discussion leaders. Our meetings are one (1) hour and offer a one (1) hour credit. Therefore, you could earn up to 12 credit hours in one year, for free. My Co-Chairs are Peter Knize, Esquire and Jennifer Hammond, Esquire. We welcome any attendee who is interested in our Section. We meet on the second Friday of every month. Our attendance has been spectacular, and we welcome anyone who would like to attend, judges included. Hope to see you soon! Kenneth E. Kemp, II, practices in the areas of Wills, Trusts, Estate Planning, Probate, Estates, Guardianship, Trust litigation, Probate litigation, Guardianship litigation, Exempt Organizations and Taxation. He received his Juris Doctor from Nova Southeastern University School of Law, and received his Master of Laws in Taxation (LL.M.) from the University of Miami.

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yld spotlight

YLD OFFERS TOPICS THAT AFFECT ALL ATTORNEYS AND THEIR CAREERS by katherine e. camadeco, esq.

e hope you enjoyed our Career Paths in Law CLE event! We found it inspirational to hear the Honorable Andrew Swett, Kayla Richmond, Esq., and Michael Anthony Pica, Esq. discuss their journeys in the legal profession from law school to the bench, to partnership at Henderson Franklin and to government work as the Chief of the Fort Myers Bureau of the Office of the Statewide Prosecutor. Each of their careers have been unique and varied, and yours shall be no different. Recognizing there are many paths forward, we at LCBA YLD are spending some time the rest of the year reaching out to the experts and discussing those topics that affect all attorneys and their careers. These topics range from marketing to financial planning to career paths and changes. We hope to see you, whether young or more advanced in your career, at our events. I also urge you to read our monthly articles as we offer

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advice and wisdom to spark growth in your career. I’ve included some advice below. If you are thinking of making a job change or taking on a new career challenge, it may be time to pull out your resume and dust it off. 5 tips for your legal resume: Be concise. Partners and hiring managers often only have time to scan resumes. Every word on your resume should support why you are the ideal candidate. Tailor your resume. Customize your resume for each job application. It is best to research the employer and the position. Modify your resume to highlight your relevant skills and experience for that position. Education or experience. As a young or newly admitted lawyer, you may be unsure if you should start with your legal education or experience. This decision depends on the length of your career. As a rule of thumb, if you have been working for more than three years, lead with your experience. LeeBar.org

Action Verbs and Outcomes. Avoid weak and vague verbs when describing your experience. Utilize strong verbs demonstrating exactly what you did, such as “researched”, “analyzed” and “negotiated”. And remember to include your outcomes. This is not the time to be humble. If your work led to a big settlement for a client or successfully dismissed a case – include it! PROOFREAD. This may be obvious but remember to proofread. One little error could hurt your potential for getting the job. It is recommended to print out a copy of your resume as that is easier to spot mistakes than on a computer screen. Also, ask a friend or mentor to read it through.

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

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legal lens The Lee County Association for Women Lawyers' (LCAWL) Annual Membership Social was held on Tuesday, June 25th at Popstroke. 1.

Diana Dawn Maselli, Lauren Baugh, Tiffany Pereira

Travis Russell, Luca Maselli

April Bordeaux, Blake Hampton, Lisa Doyle-Mitchell

Hon. Kimberly Bocelli Davis, Doug Kemp

Alexis Barkis, Maria Alaimo, Colby Keefe

April Bordeaux, Connie Ramos-Williams, Lisa Doyle-Mitchell

Maritrini Soto Garcia, Catherine Kahle

6 18

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7 LeeBar.org

Photos courtesy of Jim Jett Photography

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RES GESTAE

LeeBar.org

t to n a w u o y Roam if und the world o Roam ar

by keith grossman, esq.

o nobody’s surprise, in 2020, travel came to a standstill for most people due to the COVID pandemic. One statistic says it plummeted 45%. There are countless stories we all know of people, maybe ourselves, who had to cancel planned trips. Barbara Cossu had planned an Alaskan cruise and canceled it. She’s not sure if she’s going to reschedule it. She says, “I would love to, but after COVID, I’m a little nervous about a cruise.” Anne Dalton paid for a trip to Morocco, which was cancelled due to COVID. She and her husband were also in the planning stages of a trip to Quebec City and the west bank of the St. Lawrence River, which they put on hold. They intend to go forward with the trip to Canada, but they are not rescheduling the Morocco trip.

In fact, all of Dalton’s plans are on hold for a while. During the pandemic, the Daltons purchased a building that requires a lot of repairs. She says, “We couldn’t do the house and travel too.” Hal Eskin didn’t cancel any travel plans for 2020, but he and his wife held off on scheduling two trips they were planning for last year. Now they have four trips scheduled for 2021. The two scheduled for 2020 were Key West and San Diego. Eskin says, “We love going to Key West, but haven’t been in four or five years. We’ll go for a couple of days. Our youngest daughter has been stationed in San Diego on a naval ship, and we haven’t had a chance to visit due to restrictions on both sides. I can’t wait to see her ship (I’ve been on over 35 different naval vessels in the past) and meet her Commanding Officer.” Cossu and Dalton are examples of people who had to suddenly change plans and perhaps lost some money. Eskin was able to change his plans with greater ease. In Dalton’s case, the inability to travel opened another opportunity.

Quebec

Santa Fe, NM

Morocco

July 2021

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“We travel not to escape life, but for life

Disney World

Others lost the occasion to see loved ones for a final visit, like Jim Collier.

Martin’s parents have been able to travel to Florida from Latvia, however.

He says, “My wife and I usually go see my mother in Ft. Worth, Texas and then on to her relatives in Amarillo while on our way to Santa Fe, New Mexico to stay with our longtime friends. We do it around our anniversary, which is September 25th. We cancelled 2020 completely and my mother passed in January 2021.”

Michelle Belmont’s travel plans changed, but also didn’t completely disappear. She says, “I was supposed to take my son to Italy in the summer of 2020 as a high school graduation present, but we cancelled due to COVID. We changed it into two domestic trips this year, still due to COVID. My son picked skiing in Lake Tahoe and hiking in Wyoming in the Grand Tetons and Yellowstone so we could be outdoors and stay away from indoor crowds and see some “bucket list” places. The locals in Jackson Hole, Wyoming told us they were busier these past 12 months than ever before. Apparently, we were not the only ones with that idea. The trips were planned basically all around COVID.”

Some people continued to travel during the pandemic, with greater caution. “I am likely in the minority,” says Noelle Melanson, “but I have been traveling throughout the pandemic. I am setup to primitive camp (camping with no amenities and usually far away from crowds), so I have been traveling to remote places since this whole thing started.”

Grand Tetons, WY

Noelle Branning says, “I wish we were more interesting, but Disney has been our big trip...for a long time. We have been going to Disney since they reopened.” Steve and Eviana Martin also took their children to an Orlando theme park during the pandemic. Steve Martin says they have been to Universal Studios four or five times. Their travel plans were affected, nonetheless. They had trips to Korea and Latvia cancelled. Eviana

Vanessa Barcelona says, “Throughout the year, we’ve travelled as a family back and forth between our homes in Florida and Ohio and for these trips we’ve flown some; but driven too when we had to travel with our dog. We try not to let the restrictions get in the way.... too much. But yes, we are trying to be careful too. Could we have gone on more trips? Yes, but it’s okay. I really did appreciate being home more.” As we enter the summer of 2021, it appears wanderlust is kicking in again. Wanderlust is a strong desire to wander or travel and explore the

Lake Tahoe, NV

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Yellowstone National Park

LeeBar.org

Glacier National Park

Colum

not to escape us.” - Anonymous world. According to Wikipedia, the term wanderlust originates from the German words wandern (“to hike”) and lust (“desire”), literally translated as “enjoyment of hiking”. The pandemic has even brought us a new phrase: revenge travel. Eric Jones, co-founder of The Vacationer travel journal and planning guide describes it in part as the wanderlust to get out and explore after last year’s canceled travel plans. He adds, “The term is also retribution against COVID-19 and how it is losing its power to control our lives, including canceling travel plans.” In 2021, according to one statistic, travel is expected to grow 23%. Some people, like Collier, are going to manage the personal affairs they were unable to accomplish due to COVID. He says, “This year I plan to visit (my mother) in the cemetery and design her stone. Maybe we will host a small barbecue and get friends together in her honor. Mother was my bookkeeper for the first nine years of practice (in Texas), so many of my employees that I’m still close with knew her.” Cossu is making different plans to replace her lost trip to Alaska. She says, “I am planning a trip to Italy to see family, using my Italian passport. I have a lot of family in Italy, and I was going to visit, but haven’t been in a couple of years.”

mbus, OH

Like Cossu, Barcelona also had a family cruise canceled. She says, “We’d like to go on another one soon but not right now. We will be flying to Montana for our summer vacation. Montana is our favorite state. We have taken the kids there maybe 7 times. We love to hike Glacier National Park and have gone on harder and longer hikes as they grew up. We are looking forward to spending a lot of time outdoors, hiking in Big Sky country, away from people... and computers.” Of course, Southwest Florida offers opportunities for those who don’t want to venture too far. South Seas Island Resort, ‘Tween Waters, and Hyatt Regency Coconut Point all offer beach and pool amenities, as well as other activities for the whole family. And, of course, downtown Fort Myers now houses both Hotel Indigo and the Luminary Hotel.

Florence, Italy

Hyatt Coconut Point

Wanderlust is also described as being driven “by the desire to escape.” That is certainly true after being locked in our homes for a year. With the roll-out of the vaccines, more people are comfortable jumping in their cars to hit the open road and taking to the skies. As The B-52’s sing, we are once again “dancing down those dirty and dusty trails… Roam if you want to; Roam around the world.”

Appalachian Trail, NC July 2021

Alaska

South Seas Island Resort RES GESTAE

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. 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 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. Hollander & Hanukah, Attorneys at Law 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 Men's Rights Law Firm

O'Halloran & Simmons, PLLC 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 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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July 2021

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special feature

FLORIDA BAR SURVEY members consider how Covid has impacted the future of the profession

ach year, the Florida Bar mails a survey to all members. The 2021 survey received a response rate of 34%.

The 2021 survey was especially interesting as it included questions about how the combination of the Covid pandemic and technology may affect the future of the legal profession.

A snapshot of some of the questions and overall responses are below. Review a copy of the survey for specific comments provided by Bar members. Scan the QR code for details.

Due to Covid-19 pandemic, which of the following items do you feel will result in permanent changes to Florida legal profession? (multiple response question - check all that apply)*

Billable rates Compensation How matters are staffed Support staff size Increased requirement for technology skills on hiring Amount or configuration of physical office space Technological resources used by firms or legal offices Technological resources used by the Courts Remote working policies 0

*Over three-quarters of all respondents believe that, due to the Covid-19 pandemic, permanent changes will take place involving remote working policies (85%), technological resources used by the Courts (83%), and technological resources (79%) used by firms or legal offices.

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LeeBar.org

After the pandemic is under control and it is deemed safe to resume in-person hearings, which of the following types of CIVIL PROCEEDINGS should continue via Zoom video conference or a similar virtual platform? (includes only those respondents who indicate they frequently or occasionally participate in any type of court proceedings) Yes

Yes, but only under certain conditions

Not Sure/No Opinion

Not Applicable

Jury Trials Voir Dire Evi denti ary Special Set Bench Trials Non-Ev identiary Special Set Moti on Calendar Calendar Call/Sounding 0%

10% Calendar Call/Sounding 78

Yes

20%

30%

40%

Non-Ev identiary Special Set 62

Moti on Calendar

50%

60%

70%

Evi denti ary Special Set 21

Bench Trials

80%

90%

100%

Voir Dire

Jury Trials

Yes, but only under certain conditions

Not Sure/No Opinion

Not Applicable

Yes, but only under certain conditions

Not Sure/No Opinion

Jury Trials Voir Dire Evi denti ary Special Set Bench Trials Non-Ev identiary Special Set Moti on Calendar Calendar Call/Sounding 0%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

Non-Ev identiary Special Set 68

Evi denti ary Special Set 23

Yes, but only under certain conditions

Not Sure/No Opinion

Yes

Calendar Call/Sounding 85

Moti on Calendar

July 2021

Bench Trials

Voir Dire

Jury Trials

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*Of those applicable respondents who participate in civil proceedings, over three-quarters report that Calendar Call/Sounding (85%) and Motion Calendar (79%) should continue via Zoom video conference or a similar virtual platform after the pandemic is under control and it is deemed safe to resume in-person hearings. After the pandemic is under control and it is deemed safe to resume in-person hearings, which of the following types of criminal proceedings should continue via Zoom video conference or a similar virtual platform? (includes only those respondents who indicate they frequently or occasionally participate in any type of court proceedings)

Yes

Yes, but only under certain conditions

Not Sure/No Opinion

Not Applicable

Jury Trial Voir Dire Evi denti ary Hearing Bench Trial Probation Violati on Hearings Bond Hearing Non-Ev identiary Hearing Arraignment Calendar Call/Sounding 0%

10%

20%

Calendar Arraignment Call/Sounding

30%

40%

NonEvi denti ary Bond Hearing Hearing 32 32

50% Probation Violation Hearings 14

60%

70%

Bench Trial

80%

Evi denti ary Hearing

90% Voir Dire

100% Jury Trial

Yes

Yes, but only under certain conditions

Not Sure/No Opinion

Not Applicable

After the pandemic is under control and it is deemed safe to resume in-person hearings, which of the following types of CRIMINAL PROCEEDINGS should continue via Zoom video conference or a similar virtual platform? (includes only those respondents who indicate they participate in criminal proceedings)*

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LeeBar.org

Yes

Yes, but only under certain conditions

Not Sure/No Opinion

Jury Trial Voir Dire Evi denti ary Hearing Bench Trial Probation Violati on Hearings Bond Hearing Non-Ev identiary Hearing Arraignment Calendar Call/Sounding 0%

10%

20%

Calendar Arraignment Call/Sounding

30%

40%

NonEvi denti ary Bond Hearing Hearing 52 52

50% Probation Violation Hearings 23

60%

70%

80%

90%

100%

Bench Trial

Evi denti ary Hearing

Voir Dire

Jury Trial 4

Yes

Yes, but only under certain conditions

Not Sure/No Opinion

*Of those applicable respondents who participate in criminal proceedings, over three-fifths report that Calendar Call/Sounding (68%) and Arraignment (61%) should continue via Zoom video conference or a similar virtual platform after the pandemic is under control and it is deemed safe to resume in-person hearings.

Please indicate how favorable or unfavorable you would be to the Florida Courts' potential development of a fullyonline platform for the resolution of civil monetary disputes involving less than $1,000* *Nearly threequarters (73%) of all respondents are favorable to the Florida Courts' potential development of a fully-online platform for the resolution of civil monetary disputes involving less than $1,000, compared to only 7% who are unfavorable towards the development of that platform.

No opinion/not applicable

Very unfavorable

(indifferent) Somewhat unfavorable

Neither favorable nor unfavorable

Somewhat favorable

Very favorable 0

30 July 2021

60 RES GESTAE

the dish

La Trattoria Cafe Napoli offers great food, quaint ambiance and a personable staff by vernon guirguis, esq.

ow that we have a completely independent one-year-old at home, my wife and I were excited to start date nights again, where we would venture out into the great unknowns of Southwest Florida to try new restaurants (and a bit of wine). Not that my wife would really trust someone to watch her pride and joy, but she does allow her mother to sit and stare at a baby monitor for a couple of hours while he sleeps so we (meaning I) engorge ourselves (meaning myself ). We begin making extremely important decisions like everyone else does - by posting the question on Facebook. Quite a few people recommended La Trattoria Cafe Napoli. So, naturally, we then turn to complete strangers online to read Google reviews. Sounds like our Facebook friends are on to something.

had no idea we were writing an article, so we have no photos of the food we ordered that night. What I can say about the food from our first endeavor is that we both order the specials of the day. Noelle orders the sirloin steak, and I order the seafood special; both are delightful. The crème de la crème – is the tiramisu. Without a doubt the best tiramisu we ever had. After agreeing to undertake the important endeavor of writing this article, we went back, this time with Sage, our 14-year-old daughter.

Stuffed Plums and Stuffed Artichokes

Let me just rip the band-aid off and say they were sold out of the tiramisu this time – which figures – because I had been telling my daughter about it incessantly for weeks.

So, we make a reservation for Friday at 7:30 and somehow manage to arrive 15 minutes early. La Trattoria Cafe Napoli is tucked away in a strip mall off US41; hidden like a pearl Vernon Guirguis with his wife Noelle and his daughter Sage. in an oyster. Although the restaurant is seemingly at capacity when we arrive, they have a table for two awaiting us. Important to note that you order your appetizers and entrées at the same time, so be ready. DISCLAIMER: On our first trip, we

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The adults start off with a glass of Ponga Sauvignon Blanc from New Zealand which is light, crisp, and has delightful citrus undertones. One of the better New Zealand Sauvignon Blanc’s we have had (outside of New Zealand where we honeymooned). For our appetizers we order the LeeBar.org

stuffed plums, stuffed artichokes, and calamari. Through our extensive Google research, we learned the plums are a staple here and a must try. Imagine, plums stuffed with gorgonzola cheese wrapped in prosciutto. Rich, salty, savory, and easily wins 1st place for Noelle’s vote for best appetizer. The artichokes are stuffed with cabrales cheeses (blue cheese for us regular folks) and surprisingly well balanced with the artichoke. This is Sage and my favorite appetizer that evening. The owner, Gloria, almost as a clairvoyant, somehow knew we did not want to be bothered on our first trip; this time, she can tell we are up to something, so she comes over to say hello and to make sure we are enjoying our meal. Sage, after narrowing her selection down to approximately 7 dishes, orders (with our help) the Truffled Cheese Sacchetti Pasta filled with ricotta, mozzarella, and black truffles. Fancy for a 14-year-old but she really enjoyed it. This would be a good

selection for someone with a lighter appetite. Noelle orders the Del Mar (fish of the day was cod) with livornese sauce which includes olives, capers, tomato, white wine, and olive oil. It is presented on a bed of perfectly cooked zucchini. It is light, tangy, and full of flavor. I have the Veal Ternera a la Sevillana which is drizzled with a light rustic carrot sherry sauce and green olives – served over a bed of fried string beans. The veal is thinly sliced and cooked to perfection. Due to the importance of our assignment, I reluctantly try everyone’s dish. There is a unanimous vote that the veal wins as entrée of the night. We then order the churros with chocolate sauce, a cannoli, and the flourless chocolate cake for dessert. All delicious choices to cap off the evening, but the flourless cake – dense and rich – is perfect for sharing and the undisputed winner for dessert…. next to the tiramisu of course. With its quaint ambiance, personable staff and owner, and delicious food, I recommend La Trattoria Cafe Napoli without hesitation! But let’s try to keep this our little secret.

Photos top counter clockwise: Vernon sampling the Ponga Sauvignon Blanc, Truffled Cheese Sacchetti, Catch of the Night (Cod) with Livornese Sauce, Churros with Chocolate Sauce, Cannoli, Terneraa la Sevillana.

12377 S Cleveland Ave. Fort Myers, FL 33907 (239) 931-0050 latrattoriacafenapoli.com Monday - Friday 11 a.m. - 2:30 p.m. / 5 - 10 p.m. Saturday 5 - 10 p.m. Sunday Closed July 2021

Vernon Guirguis has been practicing law since 2011 and has been with the Kagan Law Firm, PL since 2013. He represents those injured by the negligence or wrongful acts of others. Vernon has been a Teen Court Judge for the 20th Judicial Circuit since 2013. He previously served on the Board of Directors of the Family Resource Center of Southwest Florida from 2016-2021. He is recognized by the National Trial Lawyers as a Top 40 Under 40 Plaintiff’s Civil Lawyer in South Florida. RES GESTAE

guest attorney

Immigration Headlines During Biden's First 100 Days

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by pablo hurtado, esq.

resident Joe Biden entered the White House promising to move quickly to undue many immigration policies of the previous administration. President Trump’s policies affected vast swaths of immigration law. From border enforcement, travel bans, immigration court docket management, DREAMers, to the adjudication of green cards and employment-based visas, the Trump administration worked very efficiently during their four years to implement their vision of immigration policy. The Biden Administration effected significant change in its first 100 days. A border crisis and a 6-3 SCOTUS decision also made headlines in the ever-changing immigration landscape. There are many significant wins for the Biden Administration and immigration advocates. On day one, President Biden issued an executive order directing the Department of Homeland Security to fortify DACA (Deferred Action for Childhood Arrivals). USCIS then issued a notice of proposed rule making and comment period to strengthen DACA as official immigration regulation. Although legislation will be the only true permanent fix for DREAMers, DACA seems firmly in place during the Biden Administration. This includes the ability to submit new DACA applications and for DACA recipients to apply for a travel document allowing them to legally travel outside and re-enter the United States. Along with DACA recipients, many TPS holders also have reasons to feel more secure in their prospects to remain

legally in the United States. The Biden Administration has designated or extended Temporary Protect Status for Venezuela, Burma, and Syria. With over 300,000 Venezuelans estimated to be eligible for TPS, they would become the number one TPS nationality and likely double the amount of total TPS holders to 600,000. However, many countries remain unaware if their TPS status will be renewed, including Haiti. The Biden Administration has proposed a pathway to citizenship for DREAMers and TPS holders, as part of their comprehensive legislation for immigration reform entitled the U.S. Citizenship Act of 2021. Under the proposed legislation, DACA recipients, TPS holders, and undocumented farmworkers would have an expedited path to permanent residency. Other categories of undocumented workers would also be eligible for permanent residency under a 6-year plan for those without a deportation order, and 8 years with those who have an unexecuted deportation order. The House passed the legislation on March 18th; however, progress has stalled in the Senate. There seems to be some progress for pieces of the legislation, including those that benefit DREAMers, TPS holders, and farmworkers. Reports of increased border encounters by migrants and unaccompanied minors has been the most significant challenge to the passage of the ambitious immigration legislation. March 2021 saw the highest number of border encounters since March 2001. April 2021 saw an 11% increase in adult migrant

July 2021

encounters, and a slight decrease in the number of unaccompanied minors. On the other hand, Biden has yet to officially change the limit on refugee admissions. The current ceiling set by the Trump Administration remains at 15,000. The rate of refugee resettlement remains mostly unchanged to only about 300 per month. The U.S. Supreme Court also made immigration headlines during these first 100 days. In a 6-3 decision, Justice Gorsuch wrote the majority opinion joined by Justices Beyer, Sotomayor, Kagan, Thomas, and Coney Barrett. The alliance of liberal and conservative judges held the government must provide a single charging document that includes the location of the hearing with a date and time. This interpretation of the immigration statute could open the door to many respondents in immigration court to now be eligible for relief. There have been many other immigration headlines during these first 100 days, including the rescission of the so-called Muslim travel ban, the rescission of the new Public Charge Rule, rescission of the new citizenship test, and the appointment of the first immigrant and Latino to be the head of the Department of Homeland Security. The Biden Administration has been working to implement its vision of immigration policy efficiently and effectively while challenges and opportunities remain.

Pablo S. Hurtado, Esq. is the founder and owner of Hurtado Immigration Law Firm, a full-service immigration firm based in Fort Myers, Florida. He is an active member of the American Immigration Lawyers Association (AILA).

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July 2021

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new members

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The Office of the Public Defender Miami Dade State Attorney’s Office Luks, Santaniello, Petrillo & Jones The McCreary Law Firm

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Your Outside Health Care and Tax Law Co-Counsel. Medical professionals and physician groups are faced with numerous and complex compliance issues that often take time, energy and resources away from their main focus, which is caring for their patients. Erin and Tom work with their clients to provide a comprehensive approach to ensure compliance with state and federal health care laws and regulations. They also counsel clients on mergers and acquisitions, tax matters, and general corporate and business issues. Both Erin and Tom understand that by doing what they do best means that their clients can do what’s best for theirs – just as we’ve done since 1924.

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Thomas P. Clark

Chair, Health Care Law, Mergers & Acquisitions, Business Organizations & Planning, Tax, and Intellectual Property

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member spotlight

Kristianna Soto

1. My greatest treasure...my children! Seeing life through the lens of my son and daughter has been the most fulfilling God-given blessing of my life. I love being a mom! 2. I am a daily advocate and fighter for our Constitution and individual liberties. I have been an attorney for the Office of the Public Defender for over a decade, having worked in almost every division and having trained well over a hundred attorneys and legal interns. My favorite part of the job is the fierce defense of our Constitutional rights and freedoms. I love the U.S.A! 3. I am a professional photographer with J&K Soto Photography. I love being artistic and this gives me the perfect outlet from my legal career. Please contact me for a fresh headshot or your next family portraits! 4. Yo hablo español. I grew up in a Puerto Rican household and married into a Cuban one. Even so, I was never taught how to speak Spanish growing up. I am proud to have learned a new language through my extensive schooling, undergraduate Spanish degree, and from living abroad in Spain, Mexico, and Ecuador. 5. I absolutely loathe single-use plastics. I think I watched way too many documentaries. A single plastic bottle can take an average of 500 years or more to biodegrade, if it can at all. Please think about the longevity of our health and the health of our precious Earth.

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July 2021

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sponsor spotlight

Brian Riley (US Legal Support)

1. I love to cook. I recently learned how to make pasta, and now I’ll find any excuse for a pasta night. I also love to spend an afternoon grilling for family and friends. 2. I’m new to Fort Myers, but I have a long family history here. I’m a descendant of Jacob Summerlin (the person Summerlin Road is named for) and Samuel Summerlin (the person who sold the land to Thomas Edison in 1885, which is now the EdisonFord Winter Estates). 3. My happy place is outdoors, especially on or in the water. I enjoy fishing, hunting for lobsters and stone crabs, or just snorkeling around for fun. 4. I learned to ride a bike when I was 3 years old. I still love it, and I have participated in many 100 mile plus rides. These days, I am happy getting out a couple of times per week and finding new routes here in SWFL. 5. I have been in the legal industry for over 15 years, and I have spent the last 10 years with U.S. Legal Support.

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in the news Associates and Bruce L. Scheiner announce that attorney Preston J. “P.J.” Scheiner recently earned board certification in Civil Trial Law from the Florida Bar. Board certification identifies lawyers with specialized knowledge, skills and proficiency, as well as a reputation for professionalism and ethics. Scheiner is now distinguished as a board-certified specialist or expert in Civil Trial Law. Board certification is the highest level of recognition by the Florida Bar. Of Florida’s more than 107,000 lawyers, less than 1% are board certified in Civil Trial Law.

Henderson, Franklin, Starnes & Holt, P.A., announces stockholder Carlos Kelly has been named chair of the Business Litigation Department. He succeeds Douglas Szabo, who assumed the role of Henderson Franklin’s managing stockholder. Kelly assists business clients in the areas of partner/shareholder claims, creditors’ rights, and other contract-based claims. A large part of Kelly’s practice involves contested real estate matters, including eminent domain, inverse condemnation, private property rights protection act claims, purchase and sale disputes, real estate broker/agent defense, and landlord/tenant claims.

Henderson, Franklin, Starnes & Holt, P.A., announces divorce, marital and family law attorney Iman Zekri will begin serving on The Florida Bar’s Student Education & Admissions to the Bar Committee. The committee is tasked with determining whether Florida law schools are adequately preparing their students for the practice of law. If the Student Education & Admissions to the Bar Committee concludes a law school is insufficiently training its students, the committee makes specific recommendations to The Florida Bar’s Board of Governors and Florida law school deans.

Henderson, Franklin, Starnes & Holt, P.A., announces intellectual property lawyer Luca Hickman spoke for The Florida Bar’s Entertainment, Arts and Sports Law Section webcast “Entertainment in the Digital Age: The Legal World in the Virtual Space,” which aired in April. With daily advances in technology, the explosion of social media, and changes brought about by the pandemic, this area of law is on the rise. Hickman’s session, “Endorsement Deals Aren’t Just for Athletes Anymore,” concluded the afternoon CLE.

Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that Adam Bleggi has joined the firm’s Real Estate Department. Drawing on his experience as a realtor, Bleggi guides and advises clients in all aspects of residential and commercial real estate sales and acquisitions. Bleggi is former managing partner of a Naples based firm and in-house counsel to an established family office. He received his J.D. from The University of Akron School of Law and his B.A., cum laude, from The University of Toledo.

Henderson, Franklin, Starnes & Holt, P.A., announces that Robert V. White has joined the firm as an associate in the Tort and Insurance Litigation Department. His niche is representing insureds involved in motor vehicle accidents, premises liability, and construction defect matters. He is admitted to practice in Florida and Alabama. White received his undergraduate degree from the University of Alabama and his J.D. from the Mississippi College School of Law.

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Our Dedicated Service Defines Us.

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Aloia, Roland, Lubell & Morgan, PLLC Practice Areas: +Litigation +Business & Commercial Law

Discover us for yourself at LawDefined.com.

+Class Actions & Mass Torts +Construction Law +Corporate Transactional Law +Family Law

Aloia, Roland, Lubell & Morgan, PLLC is headquartered at 2222 Second Street Fort Myers, Florida 33901 info@lawdefined.com + 239-791-7950

+Personal Injury & Wrongful Death +Property Damage +Real Estate Law +Wills, Trusts, Estates & Probate

Proud Southwest Florida Chapter members

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

PRSRT STD U.S. POSTAGE

PAID

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

FT. MYERS, FL PERMIT NO. 147

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