Res Gestae - June 2020

Stress

Worry Health

ANXIETY Panic

Fear

PANDEMIC BREEDS NEW MENTAL HEALTH REALITIES

Problems

Fatigue Disorder Emotions

Anger

Overwhelmed Sadness

Failure

Negativity

Grief

Frustration

Mood

DEPRESSION

Nervous

FEDERAL TAX LAW UPDATES Q&A

WITHDRAWAL

Tension

Lonliness

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • JUNE 2020

contents on the cover

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ad directory

Law firms cope with mental health stresss during pandemic Tom Hayden

Cover: original composite image by April Bordeaux

guest attorney

26

20

Zooming in on mediation: The challenges, benefits Denise Wheeler Wright, Esq.

26

departments 6 Letter from the President

Matt Roepstorff, Esq.

8 Letter from the Executive Director

Lauren Baugh

10 Calendar of Events 12 Ethically Speaking

34 5 Things You Don't Know

About Me

Jerry Olivo, Esq.

36 5 Things You Don't Know

About Me

Marisol Perez. Esq.

38 In The News

Henry Lee Paul, Esq.

14 Practice Section

Appellate Law

Alex Brockmeyer, Esq.

Alma B Photography 13 Boy, Agnew, Potanovic 9 Business Observer 29 Calvo & Calvo Attorneys at Law 25 CONRIC PR & Marketing 32 CopyLady IFC DeMine Immigration Law Firm 11 Denise Kennedy 11 Direct Impressions 37 Donna Tisch 35 Edison National Bank BC Henderson, Franklin, Starnes & Holt, P.A. 36 Hurtado Immigration Law Firm IBC Law Firm of Scott T. Moorey 11 Law Offices of Dennis L. Webb 25 Law Offices of Dennis L. Webb,Justin Hales, Esq. 19 Leonard P. Reina 33 Livingston Loeffler, P.A. 29 Markham Norton Mosteller Wright & Company PA 24 McHale, P.A. 25 McHale Properties Co. 38 Men's Rights Law Firm 33 Musca Law Office, Inc. 3 Pulse Technology Solutions 35 REAS, Real Estate Advisory Services, LLC 15 Roetzel & Andress 19 Sanibel Captiva Community Bank 7 Sexto Productions 34 Sheldon E. Finman, P.A. 29 Simon Harrison 37 Spivey Law Firm Personal Injury Attorneys, P.A. 5 Sproat Workplace Investigations 37 Steve Niehaus, Edison Business Advisors 33 Stockman Mediation 19 The North Law Firm, P.A. 9 Wright Mediation 15

16 YLD Spotlight

Tiffany Pereira, Esq.

24 New Members

Our advertisers support the Lee County Bar Association.

30 The Dish

21 Spices

32 100 Club

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Please do your best to support them.

president's letter As I write this letter, our community has endured weeks of quarantine – which, to some, may seem like years.

However, we have now begun reopening our economy and returning back to some semblance of normalcy in our daily lives.

LEE COUNTY BAR ASSOCIATION administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

executive council

For good reason, this reopening will be measured and responsibly rolled out in several phases. During this time, the LCBA continues to urge all members, firms, friends and family in our community to continue safe practices of social distancing and utilizing all available technology to limit in-person interaction.

Undoubtedly, your legal practice and office policy and procedures have changed during this pandemic. Like so many others, the Lee County Bar has taken advantage of this opportunity to innovate in providing the benefits, services and information our members and legal community deserve.

SECRETARY

Kathy Smith, Esq.

VICE PRESIDENT

TREASURER

Blake Hampton, Esq.

Tiffany Pereira, Esq.

YLD President - Tiffany Pereira, Esq. President Emeritus - John Webb, Esq. BOARD MEMBERS

Spencer Cordell, Esq. Peter Knize, Esq.

Michael-Anthony Pica, Esq. John Miller, Esq.

committee chairs

practice section chairs

BENCH-BAR GALA

ALTERNATIVE DISPUTE RESOLUTION

Danielle Butler, Esq. DIVERSITY AND INCLUSION

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

The LCBA has fully embraced the use of Zoom, Webex and other virtual platforms to provide programming and essential information to our members. In April, the LCBA Executive Committee conducted its monthly meeting via Zoom Video – a first, I’m sure. We discussed and continue to focus on the well-being of our membership by offering virtual programming related to mental and physical health as well as stress management.

HEALTH AND WELLNESS

John Miller, Esq. and Joel Hyatt, Esq. HISTORY

Jenna Persons, Esq. and E. Bruce Strayhorn, Esq. LAW RELATED EDUCATION

T. Rankin Terry, Esq.

Just as a relentless schedule of hearings, depositions and deadlines provides enormous stress, so, too, can the feelings of isolation and unproductiveness. Our programming is aimed at not only improving and advancing your legal practice, but also maintaining healthy habits during times of quarantine and idleness.

The LCBA also maintains its commitment to delivering presentations and speakers on a wide array of relevant topics and issues affecting our daily lives – outside of the pandemic. We plan to reschedule our previously postponed presentation on Florida’s Amendment 4 and felon voting rights that lingers in the state and federal appeals gauntlet.

PRESIDENT

Matt Roepstorff, Esq.

LAW WEEK

Hon. John S. Carlin LCBA FOUNDATION CHARITY GOLF TOURNAMENT

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

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

Shanthy Balachanthiran, Esq.

Further, we remain committed to our Annual Diversity and Inclusion luncheon in June. Not knowing what the future holds, we are preparing options for both virtual and in-person presentations.

I am incredibly proud of the response from our members and community. Please stay safe and continue to let us know how the LCBA can best serve you.

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

Alex Brockmeyer, Esq. and Matthew Irwin, Esq. CRIMINAL LAW

Leah Harwood, Esq. and Kathleen Fitzgeorge, 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

George Knott, Esq. and Carlos Kelly, Esq. IMMIGRATION LAW

Indera DeMine, Esq. and Nirupa Netram, Esq. LAND USE AND GOVERNMENTAL LAW

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

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

Conor Foley, Esq. TORT LITIGATION

Matt Roepstorff, Esq. matt.roepstorff@gray-robinson.com | 239.340.7936

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Dawn Maselli, Esq.

Leebar.org

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executive director's letter Can you believe it? June is here. We have made it through some of the most challenging months of our lifetimes. Many businesses have reopened but many continue to remain closed with no certain date of when they might reopen.

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

The legal community is unique because we can do most of all of our daily tasks from our computer and most of us have a laptop that we can take virtually anywhere to access our files, emails and the like, so we have been able to carry on for the entirety of this pandemic quarantine period.

PUBLISHER

Connie Ramos-Williams | 239.690.9840 Ext. 1001

EDITOR-IN-LAW

Tiffany Pereira, Esq.

MANAGING EDITOR Tom Hayden

CREATIVE DIRECTOR April Bordeaux

I am so proud to be part of a community that trumpets professionalism and fearlessness during this time for clients, associates, staff, friends and families. While things have been inconvenient in some cases and even downright annoying, we have all managed to continue business and that is something that not every profession can say right now.

ADVERTISING DIRECTOR

Linda Fiore | 239.690.9840 Ext. 1006

FEATURE WRITER Tom Hayden

CONTRIBUTING WRITERS

Matt Roepstorff, Esq. Lauren Baugh Henry Lee Paul, Esq. Tiffany Pereira, Esq. Alex Brockmeyer, Esq. Denise Wheeler-Wright, Esq. Shanthy Balachanthiran, Esq. Jerry Olivo, Esq. Marisol Perez, Esq.

I commend all of us for continuing to serve our community. I have seen many of our members reaching out to help the community in their own time, such as volunteering at the Harry Chapin Food Bank, Community Cooperative and the like.

While many of us navigate through setting up previously cancelled and postponed events and reevaluating how we manage the continued social distancing, we have done it together and the continued support we receive from our members to the LCBA is inspiring.

CONTRIBUTING PHOTOGRAPHER Jim Jett Photography

BILLING INQUIRIES

Our committees and sections continue to meet to plan future events, so we can all get back to our fun and educational events.

We at the LCBA miss our interactions with our members, sponsors and vendors and look forward to our summer events.

A few of these events are our June 5 Diversity and Inclusion virtual lunch meeting, the LCBAF Charity Golf Tourney on Aug. 15 and our 2nd annual Downtown Dash on Sept. 18, where proceeds will be donated to Hope Clubhouse. We are also planning our 2020 gala for Oct. 3 and many other live and virtual events to continue our interactions.

If you have an idea of a program, please contact me via email at LBaugh@leebar.org and we can work together to bring it to life. If you are not already, please follow us on Facebook for up-to-date info on various Supreme Court orders, events and the like.

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.

CopyrightŠ2020 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.

Remember to stay positive throughout these challenging times.

Together we will get through this.

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

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June 2020

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calendar of events Stay up to date with the latest information at LeeBar.org. Be sure to watch for announcements of new virtual events on LeeBar.org and our social media pages.

June

September

12 26

RPPTL Virtual Luncheon Meeting

Noon to 1 p.m. Topic: Real property.

Speaker: Carlos Kelly.

LCBA Diversity & Inclusion Commmittee Virtual Meeting

Noon to 1 p.m. Topic: Diversity: The Art of Thinking Independently Together.

Speaker: Florida Senate Majority Leader Sen. Kathleen Passidomo.

28 Meeting

Pro Bono Committee Virtual

November

18

6

October

10

LCBA 2n Annual Downtown Dash to benefit Hope Clubhouse

3 16

31st Annual LCBA Bench Bar Gala

LCBASmall & Solo Section Tech Summit

December LCBA Member Holiday Party

LCBA Pro Bono Awards Luncheon

Noon-1 p.m. Topic: Expungent & Sealing in Florida. Speaker: Tia Huntley, Esq. with Florida Rural Legal Services.

Upcoming Events July

3

Indendence Day Observed

August

15

LCBAF Charity Golf Tournament 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 2020 Annual Sponsors

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Leebar.org

xx

CRIMINAL DEFENSE

SCOTT T. MOOREY

275-5552 1430 Royal Palm Square Blvd.

Suite 101 Fort Myers, FL 33919

scott@GoodPeopleDoGetArrested.com

June 2020

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ethically speaking

COURTROOM “STUNT�

FUELS DISCIPLINE by henry lee paul, esq.

I

n these times of stress and novel challenges for society and the legal profession, I present the facts of a recent consent judgment in which a lawyer was sanctioned with a 91-day suspension, with a two-year period of probation and monitoring by Florida Lawyers Assistance (See, SC19-562).

It appears the stress of practice and unfortunate family tragedies before COVID-19 combined to impair the good judgment of a young attorney, who was admitted to The Florida Bar in 2015. The consent judgment describes the bizarre conduct that led to discipline. The referee addressed factors that contributed to the misconduct. The consent judgment noted the lawyer suffered from personal and emotional problems, inexperience and he admittedly did not have an

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xx understanding of the boundaries of “zealous advocacy.”

I have not stated the name of the lawyer, as this article is not intended to shame him, but express hope that when members of The Florida Bar encounter a colleague with mental health issues or other emotional issues, they might somehow assist to help prevent the type of conduct that occurred in this case.

The lawyer represented a client in a criminal arson case that involved allegations of insurance fraud by attempting to collect insurance proceeds by setting fire to an insured automobile.

Apparently, the arson was captured on video surveillance.

Undeterred by the evidence against his client, the lawyer decided to file suit against the insurer, prior to the criminal trial, for its refusal to indemnify the insured criminal defendant accused

of arson. The lawyer claimed his client sustained damages in the amount of $200,000.00 and stated that the damage to the vehicle was caused by a collision.

During the criminal trial, the consent judgment explained that as the lawyer “commenced his closing argument, smoke began billowing from his pocket; he then ran from the courtroom to the men’s restroom to extinguish the fire.” When the lawyer returned to the courtroom, he denied this was a stunt and that a battery in his pocket spontaneously combusted. The jury returned a verdict of guilt.

The trial court judge ordered an investigation into the incident with the battery. Although the state attorney did not find enough evidence to charge the lawyer with arson, the incident contributed to the discipline agreed to by the lawyer.

Despite the guilty verdict, the lawyer continued to maintain the lawsuit against the insurer. He later testified the collision which he had claimed caused the damage to the vehicle was actually the closing of the car door by his client.

The misconduct of the lawyer provides an example of how stress in life and in the practice of law can cause a lawyer to forsake the limits of advocacy inherent in our profession. In these extraordinarily difficult times, we should all be especially mindful to assist our colleagues in distress.

Henry Lee Paul 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: appellate law

Remote Oral Arguments by alex brockmeyer, esq.

I

n the times of COVID-19, courts and parties have used technology for hearings, depositions, and meetings.

For a time during this pandemic, Florida’s appellate courts simply cancelled oral arguments. Starting in May, appellate oral arguments resumed.

videoconferencing or Zoom. The Fourth District Court of Appeal cancelled oral arguments through May 21. The Fifth District Court of Appeal appears to be conducting oral arguments live. Despite being remote, oral arguments will still be available for live stream viewing.

The Florida Supreme Court, Florida First District Court of Appeal, Florida Second District Court of Appeal and Florida Third District Court of Appeal, will begin conducting oral arguments remotely via

Because most members of the Lee County Bar Association practice at the Second District Court of Appeal, this article focuses on the Second District’s remote oral argument procedure. The

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Second District has been conducting remote oral arguments via Zoom. The Second District emails invitations to oral argument participants a week prior to scheduled arguments. The Second District recommended you either print your confirmation email or write down the meeting phone number included in the registration.

The Second District typically starts oral arguments at 9:30 a.m. According to the Second District, at approximately

xx 9:15 a.m., the court staff provides a settings check and gives participants any housekeeping information.

The Second District wanted backgrounds to be professional and not distracting.

A good background should be well-lit.

Do not sit with your back to a window or some other strong light source. It is recommended you sit facing a strong light source or have a light source overhead. If you cannot find a proper setting from your remote location, create a simple virtual background.

As those of us with kids, pets or working spouses may know by now, nonparticipants can sometimes creep into the background. It is a good idea to be mindful of these non-participants and hide yourself away from them. I participated in a Zoom hearing where a lawyer’s cat jumped into the lawyer’s lap.

Additionally, remember this is a formal

court event. Do not follow the path of those lawyers referenced by Broward County Circuit Judge Dennis Bailey. The lawyers decided to appear for hearings shirtless or still under the bed covers.

Dress appropriately.

During oral arguments, the Second District recommended putting yourself in “Gallery View” in the Zoom program instead of “Active Speaker” to ensure you can see all oral argument participants.

When arguing, the Second District reminded participants to keep their head and shoulders visible on-camera.

Remember the Rule of Thirds if you communicate with your hands.

display anything that cannot be covered by the closed captioning.”

The Second District’s website contains more tips and information regarding remote oral arguments. Visit https:// www.2dca.org/Oral-Arguments/LiveOral-Arguments/Tips-for-Remote-OAParticipants. Though these tips relate to an appellate oral argument, they are equally applicable to trial court arguments. Best of luck. May you and your families stay safe and healthy.

As the Second District noted: “Closed captioning will run across the bottom 1/3 of the screen during the livestream. Position yourself to ensure your hairline and forehead are the top 1/3 of the display. The bottom 1/3 should not

Alex Brockmeyer is co-chair of the Appellate Law practice section of the Lee County Bar Association. He joined Boyle Leonard Anderson, PA., in 2015. He focuses his practice in appellate and original-jurisdiction proceedings in state and federal court.

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YLD spotlight

A Q & A on Federal Tax Law Updates

by tiffany pereira, esq.

I

recently discussed federal tax law updates amidst the COVID-19 crisis with tax attorney, Shanthy Balachanthiran. Our Q & A: Tiffany: I heard the IRS has temporarily downsized operations significantly due to COVID-19. Which correspondences are being answered, opened or returned by the IRS? And what is currently available to tax practitioners and taxpayers?

Shanthy: The IRS phone lines continue to be down, except for the international lines. My understanding is that Automated Collection Systems (“ACS”) has been working hard to get their people tele-work ready and more and more are coming online, so ACS should either be taking calls now or is to start taking them and ramp up capacity as more of their individuals get laptops and become tele-work ready. For the 1040 phone lines, those continue to be down for now. Again, the IRS has been working to procure tens of thousands of laptops for its employees and get those ready to ship directly to employees and make them eligible to tele-work. The IRS is working to identify which criminal

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notices still need to be sent out, with the understanding that they have very limited capacity and ability to send people into buildings in the interest of social distancing.

The IRS is also trying to identify which notices need to still go out and which notices can wait. Some notices will still go out, most will not, however. My advice to tax practitioners is to keep track of which notices you think you should have received but didn’t in case an issue arises later. If you’re sending mail to the IRS, generally mail is being held at the IRS or by the post office.

Tiffany: The IRS was going to still process checks when payments are mailed in from taxpayers for outstanding federal tax liabilities. Are these payments being processed?

Shanthy: It’s our understanding payments are still being processed to the best of the IRS’s ability, as long as there’s no health risk.

Tiffany: How is COVID-19 affecting practitioners’ initial interactions with the IRS? Shanthy: We will file a Form 2848 Power Leebar.org

of Attorney, and we will usually do that multiple times throughout the course of representation. For some of our files, we might even request information from the IRS under the Freedom of Information Act (FOIA) or under Internal Revenue Code (IRC) Section 7602. COVID-19 has obviously changed the way we approach the intake process, as you cannot currently file Form 2848 Power of Attorney for new clients because the offices in Memphis, Philadelphia and Utah are all closed. As a result, you cannot easily now obtain transcripts, services for new clients, and you cannot call priority practitioner services since the line temporarily closed.

Tiffany: How do you interact with the IRS currently then in representing and assisting your new taxpayer clients?

Shanthy: From what we understand, no one at the IRS is receiving faxes of Form 2848. You will still need clients to sign those forms and focus on getting it to the person at the IRS you’re going to be interacting with. As it relates to transcripts, your strategy for obtaining transcripts is going to vary based on whether you are

xx Shanthy: Most FOIA disclosure specialists will not produce transcripts; however, you can probably receive equivalent information by making a formal FOIA request. You need to be attentive to incomplete responses if you’re making FOIA requests because there’s currently no access to paper files. If you call TAS, they can obtain and send account transcripts when they’re related to an open TAS case.

Tiffany: How do you make a FOIA request?

Shanthy: You submit your request through fax or through the FOIA portal, which can be located at www.FOIA.gov. It’s going to be easier to receive documents electronically from the IRS than it is to receive it in paper form.

Tiffany: Are there any in-person meetings with regards to taxpayer assistance? dealing with the taxpayer who already has someone assigned to the case or whether you are dealing with a new client. For existing clients, you will work with revenue officers, counselor attorneys, appeals officers and other IRS employees who are already assigned to the taxpayer’s case. For new cases or existing cases which are not being worked on, you should make use of Taxpayer Advocate Services (“TAS”) to the greatest extent possible.

Tiffany: Are practitioners able to retrieve tax account transcripts for clients?

Shanthy: If you’re working with somebody at the IRS on a case, then you should get transcripts from that person if they are responsive to you. However, if no one is assigned to the case, but you happen to be friends with somebody at the IRS, you should be careful to not call on that friendship to try to get that person to give you the transcripts due to the privacy rules at the IRS and the rules regarding unauthorized disclosure. If it is not their case, they face getting terminated from employment if they pull a transcript as a favor.

Tiffany: What other avenues can practitioners pursue if they are unable to receive transcripts?

With respect to face-to-face conferences and taxpayer assistance visits, on March 25, 2020, the IRS announced the suspension of all in-person meetings and on April 1, 2020, the IRS discontinued all face-to-face conferences. It’s important to keep in mind that IRC Section 7521 creates a potential work around when denied a face-to-face conference: it allows taxpayers to make an audio recording of any interview with the IRS. Pursuant to United States Tax Court case Keen v. Commissioner, interviews in line with IRC Section 7521 include collection due process hearings. This can prove critical for taxpayers and their representatives.

Tiffany: What are alternatives to an inperson meeting?

Shanthy: If you have the desire to move quickly, you may have to have a conference that takes place over the phone. However, any case with substantial documentation will be very difficult to be effective if it’s not face-to-face.

Tiffany: What steps are the IRS taking in order to accept documents from taxpayers?

Shanthy: Effective through July 15, the IRS will accept images of signatures and digital signatures on documents that relate

June 2020

to the determination or the collection of any tax library. Also, between those dates, IRS employees may accept documents via email and transmit documents electronically through secured messaging systems. Documents include statute of limitation on assessment or collection extensions, waivers on statutory notices of deficiency and consents to assessment, closing agreements and any other statement or form that needs the signature of a taxpayer and is customarily received by the IRS in a tax collection case, such as a case-specific power of attorney.

Tiffany: I understand that the Taxpayer Advocate Service (TAS) assists taxpayers with systemic issues. Is TAS currently accepting cases?

Shanthy: TAS is maintaining its normal criteria for accepting cases, therefore a taxpayer typically is going to need to show either a meaningful burden, a systemic burden, or that a public policy preference exists. Taxpayers under IRC Section 7803 have the right to be informed and they have the right to quality service from the IRS. To the extent that taxpayers may not receiving that, TAS should be accepting those cases under public policy grounds.

Tiffany: How is TAS handling their caseload currently?

Shanthy: TAS employees all have laptops, their work can be done for the most part from home. There are no face-to-face interactions with taxpayers. The centralized intake line is shut down, along with all other IRS lines. Case acceptance has not changed and the best way to contact them is by calling your local office or sending a fax. Response times are going to be significantly delayed for various reasons. We have been advised that local TAS offices are getting on average about 100 calls per day, and with 77 offices, there are upwards of 38,000 calls per week.

Tiffany: Is TAS able to release a federal tax lien?

Shanthy: TAS can only work cases when there is someone on the IRS end who can respond and take the actions that they RES GESTAE

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are requesting. TAS, itself, doesn’t have the authority to release a lien or do what is necessary to resolve an audit. If there is no one available on the IRS side to assist TAS, there is a limit to what TAS can do.

Tiffany: What is TAS doing to work with the IRS on the economic impact payment team?

Shanthy: TAS is working with the IRS on the economic impact payment team in developing procedures for operations with the IRS once the IRS resumes normal operations. TAS will not be answering calls or returning calls related to the economic impact payments because TAS does not have the capacity to do that.

Tiffany: Are there new liens and levies being issued?

Shanthy: Generally, most IRS collection activities are on hold through July 15.

Therefore, no new liens and levies should be issued except with high-income nonfilers assigned to field revenue officers.

Tiffany: You had mentioned during the Community Q & A webinar on April 3, the IRS is not currently filing notices of federal tax liens. Will there be problems for liens that were already filed before the IRS announced this stay on collection activity?

Shanthy: There could be lots of problems for liens that were already filed. If you wanted to get a withdrawal of a federal tax lien, rescission of a tax lien, release of a tax lien, or if you wanted to close on a

house and get a discharge of a tax lien, it would not be currently possible because there’s no one available at the IRS right now working these issues. If you urgently need a lien discharged for the sale of a home, you might want to contact TAS to see if TAS can locate an IRS representative to assist with this issue.

Tiffany: Will liens be released if a taxpayer pays off their full tax liability?

Shanthy: If your client paid off their full tax liability, the IRS is supposed to release the lien within 30 days, but it’s unlikely that will happen now within 30 days due to the current slowdown of IRS operations.

Tiffany: What is the process the IRS is taking now for refiling federal tax liens?

Shanthy: As the time for refiling emerges, the IRS is supposed to refile in order to preserve its position. If it does not refile, then the lien will release automatically. If you are representing a client whose lien is coming to the end of its time period, examine carefully if there was an automatic release of the lien when the IRS did not refile. For these clients, there might be some good news. Please note that when an IRS lien is released, the IRS has the ability to revoke the release under certain circumstances, but that could, depending on the timing of when the IRS revokes the release, change the priority of the federal tax lien.

Tiffany: I understand the IRS is still taking refunds to offset federal tax liabilities.

How do you deal with a request for an offset bypass refund to try to stop the IRS from taking a tax return refund to offset federal tax liability?

Shanthy: There is no penalty for filing a refund return late, so you can advise your clients that it’s better to get

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the money nine months from now than to never get it at all.

Tiffany: Will the Department of Education be doing student loan offsets from tax refunds this year?

Shanthy: Prior to the CARES Act and prior to any announcements by the IRS, early in March the Department of Education said it would not be doing student loan offsets from tax refunds this year.

Tiffany: It’s my understanding the IRS can revoke passports due to unpaid federal tax debt?

Shanthy: With respect to seriously delinquent tax debt, this can still lead to a loss of your passport should anyone be able to travel. However, the IRS stated it has suspended certification referrals to the State Department currently. However, if your case has already been certified and you are trying to contest the passport revocation, you may experience trouble because the IRS personnel who typically handle these matters are currently unavailable Tiffany: Is the IRS still referring accounts to private collection agencies?

Shanthy: The IRS has stated it is not going to refer accounts to private debt collection agencies at this point for the remainder of the period till July 15. However, it did not order the private debt collections agencies to stand down with respect to the accounts that were already in these agencies’ hands.

Tiffany: Will existing installment payments be suspended?

Shanthy: This seems to be a popular question amongst taxpayers. Under the People First Initiative, existing installment payments may be suspended. However, this will depend on what type of installment agreement a taxpayer has. The IRS has said in the People First Initiative it is not going to hold people to the payments that are due between April 1 and July 15. It appears what the IRS will do is essentially not default installment agreements

Continued on page 28

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19

LAW FIRMS COPE WITH MENTAL HEALTH STRESSES DURING PANDEMIC

Worry

Stress

ANXIETY Panic Disorder

Fear Health Lonliness

Problems

Anger

Emotions

DEPRESSION

Frustration

Fatigue

Overwhelmed Mood Sadness Negativity

WITHDRAWAL

Nervous Tension

Grief

Failure

by tom hayden

W

ill I be able to make my billable hourly rates to economically survive? When will we get back to normal, so I don’t feel as penned in? How am I going to meet the demands of my clients with so much uncertainty?

These are very real questions asked each day by members of the legal community as they cope with the mental anxieties

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created by the coronavirus pandemic.

What we openly share, how we communicate and how we deal with the mental health pressures brought on by these unprecedented and uncertain times should be a priority, according to many experts and members of the Lee County Bar Association.

Leebar.org

The stresses can mount by the day and the realities are similar for those in the legal profession. Attorneys agonizingly review their financial statements hoping they can make ends meet as clients struggle to pay them. Law firms scramble to put new virtual ways of communication in place because in-person meetings have not been possible. Even talking among

xx themselves can get more difficult for attorneys in this new normal.

“We are in the midst of people responding to a trauma.

There can be shock and denial that the trauma is even happening.”

- Renee Branson, principal and certified resilience coach at RB Consulting

And if those struggles weren’t enough, consider a mental health and substance abuse survey released earlier this year before COVID-19 crippled the world.

An ALM survey of more than 3,800 respondents found 31.2 percent feel depressed, 64 percent were dealing with anxiety, 10 percent admit to an alcohol problem and 2.8 percent to a drug problem. Probably the most prevalent statistic was 74 percent responded “yes” to the question: “Do you think the profession has had a negative effect on your mental health over time?”

in teams, how to build trust and transparency, how to create optimism so that before a crisis hits you are in a better position.”

Matt Roepstorff, the LCBA president and an attorney with GrayRobinson, P.A., has frequent conversations with colleagues and often hears the same stories. “Most are fighting an isolation feeling and many colleagues rely on the billable hour so every minute they are not working is time they are not going to get back,” he said.

“They have decreased workflow because of COVID-19 and they don’t have access to courts if it is not an essential hearing.

“We are in the midst of people responding to a trauma. There can be shock and denial that the trauma is even happening,” said Renee Branson, principal and certified resilience coach at RB Consulting, where mental health wellness experts work with law firms and attorneys. “But I have been really heartened, for the most part, by the organizations that have been very quick to help and be responsive to the needs of staff, lawyers, legal marketers – everyone involved.”

Matt Roepstorff.

LCBA president and attorney with GrayRobinson, P.A.

This is a time when LCBA firms have been responsive, adjusting on the fly to new work routines, new ways to communicate virtually with clients and sharing how they feel about this trauma.

“Every minute that goes by they feel like they are losing money and losing productivity. It is the constant double whammy.”

“This has forced us to use technologies more,” said Suzanne Boy, a partner with Boy Agnew Potanovic, PLLC. “We have done a series of webinars that we have not done before. It has forced us to jump in headfirst and find ways to get information out quickly. We are really excited (about the new uses of technology) moving forward.”

The ALM survey stated about 41 percent of the respondents believe mental health issues and substance abuse problems are at a crisis level. As Branson works with law firms, she stresses the importance of always being crisis ready.

“There is more we can do ahead of time,” she said. “It’s building connections June 2020

Even the adjustments can feel overwhelming at times, Roepstorff said.

“It’s weird; usually there is the stress of overwhelming deadlines, client deadlines and phones ringing off the hook. You never feel like there is enough time in the day.

“But now necessity is the mother of invention. We were put in a position where we were forced to innovate and find solutions. It opened our eyes to the possibilities that are out there. You see that office space is not as essential as it used to be. We are able to communicate with clients through virtual meetings. More clients have now become very familiar with Zoom or webinars.”

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But Zoom meetings or teleconferencing, at least for those firms that gather for such meetings, can camouflage feelings.

Unusual mannerisms or facial expressions that could indicate signs of personal struggle are often difficult to see.

“Every minute that goes by they feel like they are losing money and losing productivity.

It is the constant double whammy.”

- Matt Roepstorff, Esq., LCBA president and an attorney with GrayRobinson, P.A.

“We have to be cognizant of what employees are exhibiting because when we telecommunicate we are not able to notice them as readily as walking past them in an office or at the water cooler,” Branson said. “You don’t want to turn it into a group therapy session, but I think it is important at the beginning of a Zoom meeting to ask how everyone is doing.

“If someone is struggling, it is important to have resources readily available. It is important to manage anxiety whether it be breathing techniques, dealing with an inability to focus or anxiousness.”

Although the health impacts are well documented, the virus has created personality changes and new levels of anxiousness, stress, fear and negative thoughts that aren’t as easy to track.

Branson says it is OK, especially for those in leadership roles at law firms, to show vulnerabilities and not present a nonauthentic face.

“It can build strength within a person and within the team,” Branson said. “We tell the leaders of our law firms, since it is natural when you are in a leadership position to put up a strong front … that it is OK to be vulnerable. The fact is people at firms are smart. They can sense when you are not being authentic, not being real. That is when trust starts to erode. As a leader, you can set an example and say, ‘I am not sure what is going to happen tomorrow, but here is what I do know and we are going to work through this together.’”

Dealing with specific challenges At Boy Agnew Potanovic, working through difficult and troubling issues “together” is crucial. As an employment law firm, it is inundated with calls from clients whose businesses have laid off workers or are struggling to keep their doors open or meet payroll.

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Leebar.org

“This is absolutely the most exhausting stress of my career in 13 years,” Boy said.

“We are helping clients with extraordinary situations – mass layoffs and furloughs; complexes shutting down operations. It’s stressful and sad. Because of all sorts of issues related to COVID-19, we have been so busy keeping up with clients’ needs.

Everything is changing so quickly with new laws coming out.”

Suzanne Boy, employment and HR attorney with Boy, Agnew Potanovic

For Boy’s firm and many others in Lee County, client relationships develop to the point where they become good friends.

“They are people we care deeply about and not being able to interact with them in person is hard. I am a hugger, but it is something we will adjust to in the long term.”

Boy says preparing for the time when their clients will be able to open and bring back employees also poses new questions and potential risks. “What protocols and procedures will be put in place? Can we test them (employees) to see if they have been exposed to the virus? Can we require them to fill out a questionnaire (about virus) exposure? How do employers do all that safely in this unprecedented time,” Boy said.

A crisis can breed strength and Branson sees that occurring within the law profession, especially becoming more resilient, as we cycle through this pandemic.

“We are tapping our ability to reason through a crisis, so we have stress-induced growth, not just stress induced trauma,”

she said. “Being in the moment; we have had to adapt really quickly and we did that really well.”

Branson said it is important for firms to celebrate “small wins” and make sure staff knows about those wins. “I think we have the potential to be stronger, for sure,” she said. “We have a really great community of people who may never have thought before we need to give specific focus to mental well being. It shows us things can happen out of the blue and we can have something in place before things get bad.”

Mental health wellness tips Renee Branson, principal and certified resilience coach at RB Consulting, offers tips on mental health wellness, especially important during this coronavirus crisis.

Renee Branson, principal and certified resilience coach at RB Consulting

Ask colleagues how they are doing. If someone is struggling it is important to have resources available.

Be authentic. In a leadership position, an “I am in control” image doesn’t alway work. ”The fact is people are smart and they can sense when someone is not being authentic, not being real. It is OK to set an example of vulnerability and say something like “I am not sure what is going to happen tomorrow, but we will work through this together.”

Building the ability to reason through a crisis. We want stress-induced growth, not just stress-induced trauma. It’s about being in the moment. We have had to adapt really quickly and we have done that really well.

Why we need to talk about lawyers' mental health 36%

ALCOHOL ABUSE 21-36% of attorneys qualify as problem drinkers. Higher for men, < 30, and solo practitioners.

28%

DEPRESSION Percentage who report mild or higher depression symptoms. Highest for men, solo practitioners.

23%

STRESS Percentage who report mild or higher stress symptoms. Highest for women, solo practitioners.

19%

ANXIETY Percentage who report mild or higher anxiety symptoms. Highest for women, solo practitioners.

Top 10

SUICIDE Lawyers rank fourth in proportion of suicides by profession.

The Florida Bar’s Mental Health & Wellness of Florida Lawyers Committee is working to destigmatize mental illness, recommend best practices and remedies, and help bring more balance into members’ daily professional lives. For helpful tips and information, visit www.floridabar.org/member/ healthandwellnesscenter/#help COVID-19 has amplified stress and anxiety about finances, job security, providing and caring for family, and the health of loved ones. The Florida bar has a webpage dedicated for information and resources, visit www.legalfuel.com/covid-19-information-and-resources/. They also have a webage providing information and updates at www.floridabar.org/covid19.

American Bar Assocation Mental Health Resources for the Legal Profession During COVID-19 www. americanbar.org/groups/lawyer_assistance/resources/covid-19--mental-health-resources/. Below are some of the resources provided by ABA Commission on Lawyers Assistance Programs. Lawyer Assistance Programs (LAPs) provide confidential services and support to judges, lawyers and law students who facing are mental health or substance use issues.

Anxiety

Social Distancing

• Don't Catastrophize: A Simple 4-Step Exercise to Stay Calm in the Face of Coronavirus Uncertainty

• Coping mentally with social distancing, isolation and quarantine (SAMHSA flyer)

• To get free confidential, 24/7 support for anxiety, text “HOME” to the Crisis Text Line which is 741741.

Staying Mentally Healthy

• Science-based strategies for coping with COVID anxiety Depression • Lawyers Depression Project: Online peer-to-peer support for legal professionals Law Practice Management/Leadership • COVID-19: Protecting Your Workforce's Wellbeing - Video panel discussion to provide employers with insights around what they should be considering when it comes to pandemic preparedness June 2020

• Challenges for mental health and coping mechanisms during COVID-19 are outlined by the CDC • Dealing with the grief over losses, cancellations, etc.

• During these uncertain times, legal employers can benefit from intentionally building opportunities for employees to connect as part of their COVID-19 response plan. Learn more from Gallagher Global Innovation Leader, Organizational Wellbeing, Kathleen Schulz in this article, “COVID-19 and Emotional Wellbeing.”

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Leebar.org

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guest attorney

ZOOMING IN ON

MEDIATION MEDIATION: THE CHALLENGES, BENEFITS

by denise wheeler wright, esq.

W

e are all adjusting to the impacts of COVID-19 and how to conduct business in its aftermath. This has been a tough one for me. I have always been a big fan of having all participants and decision makers physically present for mediation.

Although I have conducted mediations where one or more participants appear by telephone, it is harder to establish rapport and trust.

However, if mediators were preachers, every sermon would be about compromise, so it is time to practice what we preach.

The benefits of online mediation There are some great platforms for online mediation available. The one I am most familiar with is Zoom. The added feature many may not know about is the ability for the host (the mediator) to create virtual breakout rooms and assign participants to those rooms. While in the virtual rooms, only those placed in each

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individual room can communicate with one another.

It is easy for the mediator to move between the separate breakout rooms to hold private conversations with parties and counsel. You can even create a mediator kick out room if one of the participants would like to confer privately without the mediator. There are just as many opportunities for private communications during a virtual mediation as there are in an in-person mediation.

With the ability to appear by video, the benefits of an in-person mediation, such as being able to see facial expressions, are available to the participants without the scheduling difficulties of bringing everyone physically together.

Although Zoom allows participation without video, some benefits are lost when using a computer without video Leebar.org

capabilities or appearing by telephone.

I would highly encourage everyone utilizing virtual mediation options to find a way to appear by video. There are many options available including using a court reporterâ&#x20AC;&#x2122;s office, which can facilitate video.

Technology challenges Weâ&#x20AC;&#x2122;ve all experienced technology glitches. One way to mitigate this risk and make sure everyone is comfortable with the technology is to have a practice mediation with any participants who would like one prior to the mediation.

This can help the parties to trust the technology will be effective and the virtual rooms are secure. Having a backup plan and obtaining a telephone number

xx

where everyone can be reached is also a good idea.

Challenges with telephonic mediation confidentiality were highlighted in the recent "Tiger King" documentary. When Joe Exoticâ&#x20AC;&#x2122;s new business partner, who no one knew was present for the call, suddenly spoke up in the mediation, the mediator appropriately ended the mediation because he refused to get off the call. The mediator should have told all participants ahead of time to ensure they have a secure Wi-Fi connection or telephone line, to be in a place where they cannot be overheard or interrupted and that no one can participate in the mediator whose participation has not been disclosed and agreed to by all.

Once all parties are present in the virtual mediation, the mediator should also confirm that no one else is present either off screen or on the telephone line.

Additionally, the mediator should remind everyone recording of the mediation is not permitted and all the rules of confidentiality still apply.

Although there have been some concerns about the security of Zoom, this is less of a challenge for mediations than other public meetings. Zoom conferences have only been breached by people sharing meeting IDs and passwords. Additionally, the use of a waiting room and locking the mediation prevents any unwanted participants.

mediation will remain a useful tool after we are beyond the restrictions of COVID-19. In the aftermath, there may be less pressure to mediate immediately as deadlines are extended. However, parties may have more financial pressure to settle their disputes as their resources are limited by the economic impact of COVID-19.

In the meantime, being open to alternative ways of mediating is the new way of life for all of us.

Denise Wheeler Wright is a certified circuit civil mediator with Wright Mediation. Denise began practicing law in 1994 in Tampa. She moved to Fort Myers in 2005 and continued to represent employers and litigate commercial and business disputes.

It remains to be seen whether virtual June 2020

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Continued from page 18

during this period and not look for these payments even if the taxpayer cannot call the IRS and affirmatively request relief.

Direct installment agreements, which are automatically deducted from a taxpayers’ bank account, will continue to happen automatically unless the taxpayer contacts his or her bank to stop them autopay. Rest assured though July 15, existing installment agreements will not be defaulted.

Taxpayers and their representatives should be proactive — as soon as it is possible to get through to IRS Collections. I would recommend contacting the IRS to make another arrangement if the current installment agreement is now unaffordable for your client.

Tiffany: What other alternatives are there for taxpayers with outstanding tax liabilities?

Shanthy: The People First Initiative reminded taxpayers that if they have outstanding tax liabilities which are not in any kind of collection alternative with the IRS, then taxpayers can seek an installment agreement or an offer in compromise.

This seemed a bit puzzling because there is currently no real way of confirming this sort of resolution of one’s federal tax controversy with the IRS. Taxpayers can apply online to set up a streamlined installment agreement if they owe less than $50,000.00, however, it’s not clear whether any other request will be accepted at this time.

Tiffany: Many taxpayers opt to resolve their federal tax liability with an Offer in Compromise because this allows them to settle their tax debt for significantly less than what they actually owe. Is the process to submit an offer in comprise different currently?

Shanthy: Typically, when you first submit an offer and compromise (“OIC”), there is a possibility that it will get returned for some reason. Usually the OIC is not accepted as far as the substance of the offer, but it is accepted for processing. That is when you get a letter stating that they hope

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to get back to you within 90 days. The ideal scenario is if you get a letter which identifies the IRS offer processor who has assigned to that offer. The offer processor is usually going to want updated information before any sort of final determination is made and once he or she has reviewed the offer. Nonetheless, currently taxpayers will not be required to supply additional information while the offer is pending until July 15, 2020, regardless of the deadline for that information.

Tiffany: Will pending requests be closed for OICs? Shanthy: The IRS will not close a pending request unless the taxpayer withdraws it or consents to having it closed. At the present time, the IRS is not going to default a pending OIC for a taxpayer who has not yet filed his or her 2019 tax return, as the taxpayer will have until July 15 to do so.

Tiffany: What happens to an accepted OIC at this point?

Shanthy: Payments have been suspended until July 15, including lump sum payments made with offers as well as periodic payments on accepted OICs. Tiffany: Is the IRS still forcing people to adhere to the five-year compliance period?

Shanthy: We have learned the IRS is relaxing that rule for now. The IRS is not going to default an accepted OIC for someone who has not timely filed their return, even by July 15, and that it is going to provide taxpayers with some extra time.

Tiffany: How is the IRS processing OICs right now?

Shanthy: The OIC unit is currently working remotely. If an OIC has been assigned to an IRS agent, you will be able to get in touch with him or her through the contact details on the confirmation correspondence you received. The IRS has stated, however, that it cannot send out any correspondence from agents’ homes. We have heard that everything is going to be processed in the queue according to when it was completed.

This will be an opportunity for taxpayers

Leebar.org

with pending OIC’s to at least submit all their required documentation.

Tiffany: I understand that the IRS will take your tax return refund for the year in which you submit an OIC? Is the IRS still doing that now when many taxpayers are facing financial hardship?

Shanthy: If you submit an OIC today, the IRS will take your refund for the year in which you are submitting the OIC and it also will take the refund for the year in which it accepts the OIC. However, due to the temporary delay in services, it is quite likely that an OIC submitted today may not get accepted until 2021.

Tiffany: If taxpayers are receiving collection notices, such as a CP504, how do you suggest that they respond right now?

Shanthy: If you feel compelled to respond to the IRS, certainly write your response to the CP504. However, you should keep in mind that a CP504 notice would be the last step before a final notice is issued for collection. You should take advantage of the IRS’s delay right now and get all of your taxpayers’ documentation in order, start thinking about collection alternatives, what you would propose in responses to a collection due process proceeding and if you are at the point. If you want appeals review, you can file a Form 9423 to request a hearing.

Tiffany L. Pereira is a solo practitioner who concentrates her practice on transactional business and agricultural law. In addition to serving as the YLD President, Tiffany is a member of the LCBA Executive Council and is the statewide representative for the Lee County Association for Women Lawyers.

Shanthy Balachanthiran is tax clinic director and supervising associate at Florida Rural Legal Services, Inc. She is chair of the Lee County Bar Association Pro Bono Committee, vice-chair of the ABA Tax Section Diversity Committee and national liaison for the ABA YLF and Pro Bono & Tax Committees. Shanthy can be reached at shanthy.bala@frls.org.

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the dish

21 SPiCES by CHEF ASIF brings flavor to the community by shanthy balachanthiran, esq.

D

o you ever crave a meal that’ll tantalize your taste buds while taking your mouth on a culinary adventure halfway across the world?

21 Spices in Naples does just that and more!

Chef Asif creating culinary magic

Even billionaires find their way to this unique venue in a strip mall where spice is the flavor of the day. The decadent dishes with hints of European flare, lavish South Asian interior décor, and personalized level of service make this experience one to truly savor!

I had the pleasure of dining at this particular establishment by Chef Asif, one of several restaurants he owns, prior to the COVID-19 pandemic. The restaurant is temporarily closed in accordance with CDC and government recommendations. However, I cannot forget any of the fine details from my wonderful experience at this contemporary Indian food mecca and I urge you to dine at this wonderful establishment once it is safe to do so.

Both vegan and non-vegetarian palates will be pleased with the restaurant’s vast selection of fresh seasonal vegetarian, seafood and meat selections. With dishes like those pictured here, (literally, all of which I couldn’t stop myself from tasting), you’ll indulge in a marriage of Eastern and Western fused ingredients that explode with flavor.

To add to his accolades, Chef Asif’s 21 Spices received the Open Table “Diner’s Choice Award” in 2017, Florida Trend’s “Golden Spoon Award” that same year, and has been featured in a number of magazines, including Gulf Shore Life and Food & Beverage. Last year, Chef Asif received the prestigious “James Beard Featured Chef” award while 21 Spices transform dishes into artistically curated culinary creations. And what if you need to take the spice level up or down a notch? Well, of course, the service accommodates! After all, what’s couture dining without satisfying your fancy!

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Nawabi Paneer Tikka

Most of my friends know that I like to try my hand at cooking, but this really Chicken 65

was simultaneously selected in Florida’s “Top 100 Restaurants” and named Naples Illustrated’s “Best International Cuisine.”

The current menu now features this famous tandoori chicken, along with outstanding biryanis (mixed rice dishes), aromatic curries and vegetarian delights, garden-fresh salads, skewered

Like a magician, Chef Asif pairs Eastern spices including cinnamon, cardamom, clove, cumin, nutmeg, and coriander with local farm-fresh ingredients to

30

is next level master chef productions.

In fact, Chef Asif has been featured on several nationally televised shows, including “Guy’s Grocery Games,” “Cutthroat Kitchen” with Alton Thomas and “Beat Bobby Flay” in 2018, where Chef Asif actually beat Bobby Flay in a culinary showdown with his signature dish of tandoori chicken.

Leebar.org

lamb, sizzling prawns, grilled fish, mouthwatering chicken, kabobs flamed in an open-style kitchen and an array of protein- or veg-stuffed naan bread.

Delectable homemade chutneys also accompany some of the mouthwatering epicurean delicacies. The drink selection is impressive and boasts delicious regional and international wines along with unique Indian-inspired fusion cocktails that’ll transport your taste buds to the best parts of India! You can even top off your meal with decadent desserts like saffron-ginger ice cream or “kulfi,” and rose flavored pancake berries or “gulab jamun,” for a sweet conclusion to your meal.

What’s even more commendable than the food at 21 Spices is Chef Asif’s commitment to the local community.

He dedicates his time and resources to various charities like the Harry Chapin Food Bank, Humane Society Naples, as well as the local Seminole tribe. He also fervently advocates for sustainability and traceability, partnering with local farmers.

Kulfi

Without a doubt, whether you dinein, take out, order catering or host a special celebration at 21 Spices, you won’t be disappointed. The exotic dishes combined with the intimate ambiance at 21 Spices certainly make for a great date night. Cheers, 21 Spices and Chef Asif, for coloring our local culinary landscape with such remarkable contemporary Indian cuisine!

Jhinga Prawns

4270 Tamiami Trial East, Suite 21 Naples, FL 34112 239.919.8830 21SpicesDining.com

Tandoori Pacific Salmon

Monday 5:00 PM - 9:00 PM Tuesday: 4:00 PM - 9:00 PM Wednesday: 5:00 PM - 9:00 PM Thursday: 4:00 PM - 9:00 PM Friday: 4:00 PM - 10:00 PM Saturday: 5:00 PM - 10:00 PM Sunday: 4:00 PM - 9:00 PM

Shanthy Balachanthiran is tax clinic director and supervising associate at Florida Rural Legal Services, Inc.

June 2020

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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 Aloia, Roland, Lubell & Morgan, PLLC Arend & Sisk, P.A. Associates and Bruce L. Scheiner, P.A. Avery, Whigham & Winesett, P.A. Banker Lopez Gassler, P.A. Bergermann Law Firm Bonita Springs City Attorney’s Office Boy Agnew Potanovic, PLLC Boyle & Leonard, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC Buchanan Ingersoll & Rooney PC Calvo & Calvo Cody & Linde, PLLC Coleman & Coleman Cole Scott & Kissane, P.A., Bonita Springs Ofc. DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A. Elder Law Firm of Beth A. Prather, P.A. Florida Rural Legal Services Fort Myers City Attorney’s Office Garvin Law Firm

Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg | Noone | Abraham Personal Injury Attorneys Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Grant Fridkin Pearson GrayRobinson, P.A. Green, Schoenfeld & Kyle, LLP Grossman Law & Conflict Management Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A. John Webb Legal Group, P.L. Kelleher Firm Knott Ebelini Hart Kuhn Law Firm, PA Kushner & Kushner LaDonna J. Cody, P.A., Attorney at Law Law Firm of Scott T. Moorey The Law Office of Brantley Oakey The Law Office of Michael M. Raheb, P.A. Law Offices of Dennis L. Webb, P.A. Lee County Legal Aid Society, Inc. Levins & Associates, LLC Maughan Law Group

McQuagge Law Firm Men’s Rights Law Firm The North Law Firm, P.A. O’Halloran & O’Halloran, Attorneys at Law Osterhout & McKinney, P.A. Parvey & Frankel Attorneys, PA Patrone & Kemp, PA Pavese Law Firm Richard Johnston Law Robert Harris Law Firm Roetzel & Andress, L.P.A. Rubinstein & Holz 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 Persons, P.L. Toll Law Vernis & Bowling of Southwest Florida, P.A. Viacava & Cantor Attorneys at Law Viles & Beckman, LLC Yeslow & Koeppel, P.A.

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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MEN’S RIGHTS LAW FIRM Men’s Rights Aggressively Defended

Divorce • Custody • Child Support • Appeals An experienced team led by Board Certified Attorney Matthew P. Irwin, Esq. Advocating for men’s rights since 2003

We work to ensure that your legal interests are competently presented throughout your family law matter.

Free Telephone Consultation.

Practicing in Lee, Collier, and Charlotte Counties.

239.829.0166 • 4TheMen.com 2799 Del Prado Blvd., S. • Cape Coral, FL 33904

4,000 mediations 1980 - 2020

Experience Makes the Difference.

LPR June 2020

Leonard P. Reina, Esq. mediator

239.263.2059 ■ LReina@LPReina.com RES GESTAE

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member spotlight

Jerry Olivo, Esq.

1. My Pop Warner football team won the national championship. When I was in the 6th grade, we traveled to San Francisco and had the opportunity to use the 49ers training facility for a practice leading up to the game. When we first walked into the facility there was a huge trophy case with all of their Lombardi trophies.

2. I won the “Super Sleuth” award on the Seminole Gulf Murder Mystery Train.

The next day, I interviewed at the State Attorney’s Office. When I interviewed, I apologized to the hiring committee because I forgot to update my resume with my recent award. I am convinced that’s why I got the job.

3. My wife, Ali, and I have a goal to see the Gators play football in every SEC stadium. So far, we have been to Alabama, Auburn, LSU and Tennessee. We are looking forward to going to Ole Miss later this year.

4. I am currently working on a children’s hygiene album for my two young children. Future hits include “We Like to Potty” and “Everybody, Wash Your Body.”

5. I am not convinced Carole Baskin killed Don. It’s an unpopular opinion.

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DONNA TISCH ME D I AT I O N S • AR B IT R AT ION S

Is Your Law Firm Secure During The COVID-19 Pandemic?

That’s a critical question to answer as more and more personnel are working from home.

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Now more then ever, you should be evaluating your company’s security. It’s only a matter of time before you’re the next target. We leverage some of the best talent in the industry to thoroughly evaluate both your technical infrastructure James Ritter Founder & CEO and your operational workflows for security holes. We will make recommendations and can implement for you whatever may be needed. Not only does it take robust and secure IT systems, but your staff needs to be trained and your workflows need checks and balances to make sure you are protected against every angle that hackers are currently using.

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Contact us for a free assessment at (239) 676-6679 or visit Pulse.Tech June 2020

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member spotlight

Marisol Perez, Esq.

1. I was born and raised in Havana, Cuba. I immigrated to the United States in 2004 when I was almost 20 years old. I lived in Miami until 2012.

2. I completed a vocational career as a dental assistant in 2005. However, I never worked in that capacity as I accepted a job offer to work with Shoma Homes Development Corporation where I assisted in obtaining building permits.

3. I am the first generation in my family with a university degree. I earned the First Generation Scholarship when I was completing my bachelor’s degree in political science with Florida International University.

4. I had the opportunity to complete my bachelor’s degree at Columbia University. I did not accept it.

5. I love studying. I completed a Master of Laws degree in Homeland and National Security Law (LL.M) online while I worked with the Department of Children and Families, advocating for the children who were abandoned, abused, and neglected.

A FULL-SERVICE LAW FIRM WORKING WITH SOUTHWEST FLORIDA’S LEGAL COMMUNITY SINCE 1924

Lawyers for Lawyers.

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by U.S. News & World Report and Best Lawyers in America©

Adapting. Changing. Moving forward.

henlaw.com • 239.344.1100 Fort Myers • Bonita Springs • Naples legalscoopswflre.com • swflbusinessandipblog.com ©2020 Henderson Franklin Starnes & Holt, P.A.

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Sproat Workplace Investigations The employment law firm dedicated to responsible fact-finding.

We conduct thorough, timely and unbiased workplace investigations for employers and their counsel.

SWI is a law firm exclusively dedicated to empowering you and your clients to make sound workplace decisions.

Workplace Investigations • Investigation Consulting Investigation Training • Courtroom Testimony

239.676.0200 • VSproat@SWInvestigations.com

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Vicki Sproat, Attorney

Mediation and Arbitration Services

SIMON M. HARRISON

Full Time mediator and arbitrator since 1992 Member of Florida Bar since 1978 Circuit, County, and federal (mdfl) Courts AV rated-martindale Hubble

Since its inception in 1985, Direct Impressions continues to produce Southwest Florida’s highest quality commercial printing, digital printing, and effective direct mail campaigns.

Convenient on line availability Check and calendaring

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I have the experience to understand the practical, financial, business, and emotional needs of the parties. I look forward to the opportunity to put that expertise to use in helping you to resolve your client’s dispute. on line calendaring and full cv at Www.smharrison.com Phone: 239-433-4505 E-mail: Simon@smharrison.com

Member of the National Academy of Distinguished Neutrals

June 2020

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in the news Roetzel & Andress shareholder Lisa H. Lipman has recently been selected into the Florida Association Women Lawyers’ (FAWL) 2020 Class of Leaders in the Law. This designation is awarded annually to a select group of attorneys from around the state who have been nominated by their local FAWL chapters and meet the criteria for the recognition. To be named a Leader in the Law, an attorney must have earned the respect of others professionally, been involved in activities for the betterment in her local community, exemplified the qualities of a positive role model and advanced the cause of women in the community. Lipman leads the Estate Planning, Probate and Trust Administration practice group at Roetzel & Andress, which has offices in Ohio, Illinois, and Florida. She focuses her practice on estate and tax planning, estate administration, trust administration and Florida domicile planning. Lipman currently serves on the board of directors for ArtisNaples. She was selected as a “Florida Rising Star” by Florida Super Lawyers magazine in 2015 and is a 2018 graduate of the Florida Fellows Institute of the American College of Trust and Estate Counsel (ACTEC).

Attorney Michael Lehnert, of the law firm of Henderson, Franklin, Starnes & Holt, P.A., has become certified to close United States Small Business Administration (“SBA”) 504 Loans. As part of its mission to promote the development of businesses, the SBA partners with Certified Development Companies (“CDC”) to offer 504 Loans to provide government-backed financing for the purchase of real estate, buildings and machinery at competitive market rates. Lehnert concentrates his practice exclusively in real estate, assisting property owners, lenders and builders with commercial and residential development. His experience includes representation of a multi-state developer in the development, financing, leasing and sale of over 100 stores and representation of a lending institution in transactions totaling over $30 million in financing. Lehnert also contributes to the firm’s Legal Scoop on Southwest Florida Real Estate blog. Lehnert devotes countless hours to the community. He serves on the Real Estate Investment Society Board of Governors, is Vice President of the Southwest Florida Real Estate Council and is chairman of the Lee County Board of Big Brothers Big Sisters (“BBBS”). He is also a member of the Urban Land Institute and the Young Lawyers Division of the Lee County Bar Association.

WANT REFERRALS? Your fellow LCBA attorneys could be your #1 source.

It is the policy of the Lee County Bar Association to hold meetings only in those facilities that do not discriminate on the basis of race, gender, sexual orientation, national origin, physical or mental disability, or religion. The Association will engage in a good-faith interactive process with any employee, prospective employee, member or invitee to determine if a reasonable accommodation is needed and will make reasonable efforts to provide such accommodations.

Any requests for accommodation should be directed to the executive director of the Lee County Bar Association, LBaugh@LeeBar.org or 239-334-0047.

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ADVERTISE HERE! Contact Linda Fiore 239.690.9840 or Linda@ConricPR.com

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P.O. Box 1387 | Fort Myers, FL 33902-1387 (239) 334-0047 | Fax (239) 334-0523 LeeBar.org

WE MA K E BA N K IN G AB O U T Y O U !

STANDING STRONG…

Together

Now more than ever, relationships matter.

As Lee County’s oldest community bank, we’ve spent nearly 25 years building relationships with customers and giving back to our local community. During this time of uncertainty, we’re working diligently to do our part, serving as the trusted and responsive banking partner that customers need and showing our heartfelt dedication to protecting and empowering those we hold dear.

Discover the difference a local banking relationship can make at Edison National Bank and Bank of the Islands. We continue to stand strong together and make banking about YOU.

Lending Team – From left back row: Geoffrey Roepstorff, CEO CEO;; John Ammons, Vice President, Cleveland Avenue Office Manager; Liz Aurensan, Vice President, Lending; Robbie Roepstorff, President. From left middle row: Darrin Grotrian, Asst. Vice President, Lending, Sanibel-Captiva Asst. Office Manager; Kim Nyberg, Vice President, Professional & Executive Banking; To learn more about our customer Greg Blurton, Vice President, Sr. Commercial Loan Officer. services and convenient locations, From left front row: Leah Kirby, Kirby, Vice President, please visit EdisonNationalBank.com River District Office Manager; Willy Ocasio, Vice President, Sanibel-Captiva or call 239.466.1800.

Office Manager; Pam Edwards, Vice President, Lending.

An Equal Housing Lender | Member FDIC | Bank of the Islands is an office of Edison National Bank.