Res Gestae - June 2021

Diversity & Inclusion Strength in Differences

ONLINE REVIEWS

What you need to know THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • JUNE 2021

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contents on the cover

21

ad directory

Fostering an inclusive culture in the legal community

special features

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Online Reviews-Things You Need to Know Kelly Madden, Esq.

20 On the Cover: Kelly L. Fayer, Esq., founder and co-chair of the LCBA Diversity & Inclusion Committee and Ita Neymmotin, Esq., committee co-chair.

Photo courtesy of Jim Jett Photography

departments 6 Letter from the President

Blake Hampton, Esq.

8 Letter from the Executive Director

Lauren Baugh

10 Calendar of Events 12 Ethically Speaking

Henry Lee Paul, Esq.

14 Practice Section

Land Use and Governmental Law

Erica S. Woods, Esq. & Sarah Spector, Esq.

16 YLD Spotlight

Shirlarian Williams, Esq.

18 Legal Lens

2nd Annual LCBA Health & Wellness Downtown Dash

20 New Members

24 100 Club 28 Guest Attorney

Amendments to the Florida Family Law Rules of Procedure

Iman Zekri, Esq.

30 The Dish

The Gathering Place

Lauren Baugh

32 Advertiser Spotlight

Imagine Wellness Spa

34 5 Things You Don't Know

About Me

Jeffrey Hurcomb, Esq.

36 5 Things You Don't Know

About Me

Jackie Burrell of Fort Myers Court Reporting

38 In The News

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IBC 15 20 19 17 33 32 9 19 37 36 BC 11 13 13 24 11 34 7 7 IFC 17 37 25 35 19 33 37 33 3 17 25 35 15 13 9 35 5 15 25

Our advertisers support the Lee County Bar Association.

Please do your best to support them.

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Aloia, Roland, Lubell & Morgan, PLLC Bounds Law Group Boy, Agnew, Potanovic Business Observer Calvo & Calvo Attorneys at Law Law Firm of Carolann Swanson Dal Lago Law DeMine Immigration Law Firm Denise Kennedy Direct Impressions Donna Tisch Edison National Bank Frank Piazza, P.A. Gulf Shore Investigations Heather Fitzenhagen Henderson, Franklin, Starnes & Holt, P.A. Imagine Wellness Spa Iron Ridge Insurance Services Joshua Tree Counseling Kelleher Law, PA Lake Michigan Credit Union Law Firm of Scott T. Moorey Law Offices of Dennis L. Webb Leonard P. Reina Mark B. Yeslow Markham Norton Mosteller Wright & Company PA McHale, P.A. McHale, P.A. Men's Rights Law Firm Musca Law Office, Inc. Pavese Law Firm Pavese Law Firm Pavese Law Firm REAS, Real Estate Advisory Services, LLC Roetzel & Andress Sheldon E. Finman, P.A. Simon Harrison, Esq. Spivey Law Firm Personal Injury Attorneys, P.A. Stockman Mediation The North Law Firm, P.A.

LeeBar.org

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, Lauren Baugh at lbaugh@leebar.org or 239-334-0047.

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president's letter We are almost halfway through the year. Next up is one of our biggest membership meetings of the year, the Diversity and Inclusion Luncheon. Kelly Fayer and Ita Neymotin created this committee in 2017 and this luncheon has been one of our best since.

It is an honor to be on this committee with so many amazing people. This year the luncheon is going to focus on Asian Americans in the legal profession. As a result of the rise in aggression against Asian Americans in recent months, now is a perfect time to learn about their experience and perspective.

We have a couple more surprises planned for our Diversity and Inclusion initiative this year.

LEE COUNTY BAR ASSOCIATION administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

executive council 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

We have an excellent Professionalism Zoom Luncheon at the end of June. There is no luncheon in July. I hope everyone takes time to decompress and get back to traveling. I will be in Vermont for July gardening and hiking in the Green Mountains.

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

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

committee chairs

I also want to recognize that June is National Pride Month. As a nation, we made great strides in recent years, and still have a long way towards institutional acceptance and inclusion of our LGBT community. To recognize Pride Month, we wanted to visit a restaurant owned by someone in our local LGBT community.

Lauren Baugh, her assistant Mairelis Tamayo and I visited The Gathering Place, owned by Tony and Shawn. Their restaurant has been one of my favorites for a few years. Check out Lauren’s review in The Dish.

I hope everyone enjoyed the Annual LCBA Foundation Golf Tournament. Through the generous contributions of LCBA members, the Lee County Bar Association Foundation continues to fulfill its mission of connecting the attorneys of the Bar to the needs of the Lee County community.

PRESIDENT

Blake Hampton, Esq.

LeeBar.org

REAL PROPERTY, PROBATE AND TRUST LAW

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

Conor Foley, Esq. TORT LITIGATION

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executive director's letter 2021 seems to be going faster than the speed of light, which is what most people hope for each workday. As the saying goes: when you love what you do, it is not work. We have so much fun at the Lee County Bar Association, it is mostly fun and not work!

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

While many Voluntary Bar Associations provide many CLE opportunities and the like, we strive to offer more: more networking, more social events, more family events, and heavier CLE opportunities. I love getting together with all our members and sponsors!

PUBLISHER

Connie Ramos-Williams | 239.690.9840 Ext. 1001

EDITOR-IN-LAW

Tiffany Pereira, Esq.

MANAGING EDITOR Keith Grossman, Esq.

CREATIVE DIRECTOR

Last month, we joined together with over 175 people for our Lee County Bar Association Foundation Charity Golf Tournament at The Forest, and we had a blast! The Golf Tournament allows for a fun competition while raising money for our Foundation, so they can allocate grants in Lee County. Our amazing auction items brought in A LOT of money, and that is always a good thing. Thank you to our Golf Committee for organizing such a great event. If you missed out on volunteering, golfing, or sponsoring in this year’s event, please email me at Lbaugh@ leebar.org and we can get you more involved.

April Bordeaux

ADVERTISING ACCOUNT EXECUTIVE Lisa Doyle-Mitchell | 239.851.4729

FEATURE WRITER

Keith Grossman, Esq.

CONTRIBUTING WRITERS Blake Hampton, Esq. Lauren Baugh Henry Lee Paul, Esq. Erica S. Woods, Esq. Sarah E. Spector, Esq. Shirlarian Williams, Esq. Kelly Madden Iman Zekri, Esq. Jeffrey Hurcomb, Esq. Jackie Burrell

June brings opportunities to educate ourselves on topics we may not be as familiar with, such as our June 18th Diversity and Inclusion Luncheon, where the topic will be based on AsianAmerican Violence happening in our community. We have members of this community speaking on a panel to educate and make us aware of what is happening, why it is happening, and how we can help stop the violence.

The D&I Committee is also hosting a Zoom meeting on June 23rd. Several members of the community who are well-versed in the LGBTQ+ Community will explain the current Lee County School District Transgender bathroom policy and other similar policies of high interest. Through their expertise, we can know the facts rather than make assumptions.

If you want to get involved in any of our Sections or Committees, please let me know and I will put you in touch with the Chair/Co-Chair. We are always looking to expand each of these groups.

Lastly, do you want to get more involved in the LCBA? We have two Member at Large positions on our Board open for nominations. Nomination forms will go out in the coming months.

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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June 2021

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

June

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LCBA RPPTL Virtual CLE

Noon - 1 p.m.

Topic: Avoiding Tax Withholding Pitfalls When Working With Foreign Beneficiaries Speakers: Erica Harp, CPA Register at LeeBar.org

18

LCBA Diversity & Inclusion Committee and Membership CLE Luncheon Noon - 1 p.m. at Sidney & Berne Davis Art Center. Topic: Asian/Pacific Islander Americans In Law. Speakers: Dr. Colin Feng, CFP, Nirupa Netram, Esq., Ita Neymotin, Esq. and Leila Beglova.

Moderator: Indera DeMine, Esq. Sponsored By: Hampton Law & DeMine Immigration Law. Members FREE, NonMembers $25. This event is also being offered virtually. Register at LeeBar.org.

23

LCBA General, Civil and Business Litigation Virtual CLE

Noon – 1 p.m.

Topic: FL Supreme Court Civil Updates Speakers: Hon. Alane Laboda, Hon. Nicholas Mizell and more TBA Register at LeeBar.org

30

LCBA YLD Hybrid CLE

Noon – 1 p.m. at Lee County Public Works Building Topic: “Career Paths in Law” Speakers: TBA Register at LeeBar.org

23

LCBA Diversity & Inclusion Committee Virtual Community Conversation 3 p.m. – 4 p.m.

Topic: “Transgender, the transformation in our community” Speakers: Luis Insignares, Esq., Arlene Goldberg and more TBA FREE event for everyone.

Register at LeeBar.org

Hello Sum me r

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

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

Thank You to Our 2021 Annual Sponsors

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LeeBar.org

June 2021

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ethically speaking

ATTORNEY SUSPENDED FOR UNDISCLOSED PARTICIPATION IN A BUSINESS THAT CONDUCTED BUSINESS WITH CLIENT

by henry lee paul, esq.

T

he Florida Bar v. Cordon, SC191179 should caution every lawyer that participating in a business transaction with a client is fraught with peril. In this case, The Florida Supreme Court imposed a one-year suspension on the lawyer, in part, for engaging in an undisclosed business transaction with a client in violation of Rule 4-1.8(a).

Rule 4-1.8(a) provides “A lawyer is prohibited from entering into a business transaction with a client or knowingly acquiring an ownership, possessory, security, or other pecuniary interest adverse to a client…unless” 1) the terms are fair and reasonable and disclosed in writing, 2) the client is advised of the advisability and has a reasonable opportunity to obtain advice of independent counsel, and 3) the client gives informed consent in writing to the essential terms including the lawyer’s role in the transaction.

Cordon denied engaging in a business transaction with his client who had consulted him regarding a mortgage foreclosure defense and possible loan modification. Cordon volunteered to assist his client in finding a buyer.

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Unknown to his client, Cordon created a company specifically to purchase the mortgage. He served as registered agent and his family members owned the company.

The family company purchased the mortgage and then entered into a leaseback to the client with an option to purchase. The foreclosure court approved the agreement. Cordon asserts he did not participate in negotiating the purchase of the mortgage and lease agreement and other counsel represented the company. However, Cordon did not disclose to his client his involvement with and connection to the family-owned company participating in the transaction.

The Referee found the “Respondent entered a business transaction with his client when he agreed to help find a buyer for the property; solicited his own mother to purchase said property; created…[the company] for the sole purpose of buying the property; named himself as registered agent and his wife as treasurer; subsequently collected rent …[from the client].” Cordon did not disclose any of this and did not obtain informed consent in writing from the client.

The Florida Bar successfully argued they did not need to establish a “pecuniary LeeBar.org

interest” in the transaction; only that Cordon “participated” in the business transaction as described by the Referee.

The Referee quoted a portion of the Rule 4-1.8(a) comment: “A lawyer’s legal skill and training, together with the relationship of trust and confidence between lawyer and client, create the possibility of overreaching when the lawyer participates in a business, property, or financial transaction with a client.” Cordon obtained intimate knowledge of the client’s financial status involving a property in foreclosure and participated in the purchase of the mortgage and leaseback.

The Cordon case expands the application of Rule 4-1.8(a). It is a warning to lawyers who contemplate any type of business involvement with a client. Before risking the peril of participating in such a venture, carefully review the rule, comments, case law and examine the pleadings in the Cordon case.

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

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practice section: land use and governmental law

ARE IMPACT FEE CHANGES ON THE HORIZON?

by erica s. woods, esq. and sarah e. spector, esq.

At the time of writing this article, Impact Fee legislation (House Bill 337) has passed both the House and Senate.

Impact Fees are sometimes called a tax on new growth. Builders add impact fees to the construction cost of new residential and non-residential buildings.

Impact fees are also an important source of revenue for a local government to fund the infrastructure required by new growth, such as roads, schools, parks, police, fire, EMS. Advocates say the measure provides predictability for developers and organized planning, while opponents say it makes it difficult for local governments to require new development to pay its own way.

Currently, impact fee increases are not statutorily capped; although, they must be proportional and reasonably connected to, or have a rational nexus with, the need for additional capital facilities and the increased impact generated by the new construction. The proposed legislation restricts how often and by how much a local government,

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school district, or special district can increase its impact fees.

The proposed legislation says an impact fee increase may not exceed 50% of the current impact fee rate and may not be increased more than once every 4 years.

Increases are further restricted in that an increase to the current impact fee rate of not more than 25% of the current rate must be implemented in two equal annual increments. If the increase to the current impact fee exceeds 25% and is no more than 50% of the current rate, it must be implemented in four equal installments. Most importantly, an impact fee may not be increased retroactively for a previous or current year.

The local government, school district or special district may increase an impact fee rate beyond the above-described limitations. To do so, they must complete a demonstrated need study justifying any increase more than the above-described limitations within 12 months before the adoption of the impact fee increase. They must also expressly demonstrate the extraordinary circumstances establishing the need to exceed the phase-in limitations.

LeeBar.org

The government jurisdiction must hold at least two public workshops dedicated to the extraordinary circumstances. Finally, at least two-thirds of the governing body must approve the impact fee increase ordinance.

House Bill 337 will be sent to the Governor for approval. Once it gets to the Governor, he will have 7 days (if the Legislature is still in session) or 15 days (if the 60-day session has ended) to sign the bill into law or veto it. If no action is taken within that timeframe, the bill will automatically become law. The effective date is upon becoming a law.

Sarah E. Spector, Esq., is a shareholder at Roetzel & Andress in Fort Myers. Spector is a Florida Bar board-certified specialist in condominium and planned development law. She represents clients in zoning and land use matters, as well as management and operational aspects of condominium, cooperative and homeowners association governance.

Erica S. Woods, Esq. is Senior Vice President- Legal Services at Kitson & Partners, a private real estate development company.

She specializes in real estate development matters with a focus on environmental permitting and land use, zoning and local government issues. Erica is co-chair of the Lee County Land Use Bar and Vice-Chair of the Association of Florida Community Developers.

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yld spotlight

MARKETING TIPS FOR THE NEW ATTORNEY by shirlarian williams, esq.

Hello YLDers!

So, you’ve graduated law school, passed the bar and decided to open your own firm. Because you’re savvy, you’ve visited https://startmyfloridalawfirm.com/ and you have everything you need to get started, except clients.

super tech-savvy, I suggest you hire a professional to build you a quality website. When it comes to websites, quality matters. Many potential clients are looking for attorneys that have put time, thought and effort into their website and online presence. Your website should clearly state your areas of practice and how you can be contacted.

1. Contact the Florida Bar. The Florida Bar has an extensive list of rules that govern marketing and advertising. Please review the rules and contact the Florida Bar if you have any questions to ensure all your marketing complies with the rules.

3. Business Cards. For some, business cards may be a thing of the past.

However, they are still a very effective marketing tool. Every time I’ve given a presentation or been at an event with potential clients, I’ve been asked for a business card. Just like your website, your business card should clearly state your areas of practice and how you can be contacted. I also recommend splurging on higher quality paper and color printing.

2. Build a website. If you’re tech-savvy, there are several website builders available (i.e. wix.com) that allow you to build a website for free or little to no cost. However, if you aren’t

4. Network. Join organizations related to your areas of practice. If you practice real estate law, going to some local realtors’ meetings is a great way to gain new clients. If you

How do you market yourself to get new clients? Here are strategies I used to get my law firm off the ground when I was a solo attorney.

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LeeBar.org

practice family law, going to PTA meetings and getting involved with the local schools may be a great way to meet new clients. Go where your target audience is and spend time networking with that audience.

5. Create Content. Start an online blog regarding your areas of practice.

Most people Google a topic before reaching out to a professional. If Google brings them to your blog, and they like the information you are presenting, they will typically contact you to inquire about your services.

Creating content is one of the easiest and most cost-efficient (it’s FREE) ways to promote yourself and your business.

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June 2021

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legal lens The 2nd Annual LCBA Health and Wellness Downtown Dash was held on Friday, April 6th in the streets of the River District. Proceeds benefitted the YMCA. Title sponsor was Kelleher Law. 1.

Jim Kelleher

2.

Shae Williams and kids

3.

Phoenix Peck

4.

Mallory Belanger and Caleb Egalite of the Fort Myers YMCA

5.

Jim Kelleher and Eden, Lauren Baugh's daughter

6.

Jim Kelleher and Mayor Kevin Anderson

7.

Jim Kelleher, Kayla Richmond Miller, Andrea Pleimling Smith and Chris Smith

1

2

1

4

6

7

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Photos courtesy of Jim Jett Photography

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LeeBar.org

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new members Edwin Cisneros, Esq.

Aloia, Roland, Lubell & Morgan, PLLC.

Steven Gendreau, Esq.

Henderson, Franklin, Starnes & Holt, P.A.

Malcam Godwin, Esq. Patrick McLain Law

Michelle Hurvitz, Esq. Hamisch & Hurvitz, PLLC

Monica Johnson, Esq. Sunshine State Law, PLLC

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LeeBar.org

Fostering an inclusive culture in our legal community

The Lee County Bar Association’s Diversity and Inclusion Committee was founded in 2017 by past president, Kelly Fayer, and is fully committed to enhancing diversity within the legal profession, the legal community and the justice system.

Kelly L. Fayer and Ita Neymotin June 2021

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Photo courtesy of Jim Jett Photography

Continued on the next page →

Fayer was inspired to create the committee by findings from a 2015 Florida Bar Young Lawyers Division survey. Forty-three percent of the 3,137 women YLD members who responded to the survey reported they had experienced gender bias during their careers, from opposing counsel, an employer or the court. Almost a third of respondents had resigned from a position due to lack of advancement, lack of work/ life balance, gender bias or employer insensitivity.

Fayer is a Co-Chair of the committee and works hard to encourage others to work together to promote diversity and inclusion. Fayer has a passion for helping those who are often overlooked in our judicial system, and she received an award from the Supreme Court of Florida for her past pro bono work. Fayer also created the #KindLee Organization.

The Lee County Bar Association’s efforts are consistent with the focus of The Florida Bar. In 2010, The Florida Bar overhauled its diversity efforts and created a Diversity and Inclusion Committee. This decision came out of recommendations from the Program Evaluation Committee.

In addition to creating the committee, The Florida Bar transferred functions of the Member Outreach Committee to the Diversity and Inclusion Committee, adopted a definition of diversity, and created a diversity grant program for local Bar associations.

The Lee County Bar Association Diversity and Inclusion Committee is working to help people see different viewpoints, and to foster an inclusive culture and environment with equal access and opportunity for minority lawyers, women lawyers, lawyers with disabilities, lesbian, gay, bisexual, and transgender (LGBTQ) lawyers. Through ongoing educational programs and partnerships, the LCBA, through the Diversity and Inclusion Committee, and its committee members, are promoting and creating an environment of inclusion among legal professionals. To further its mission of increasing diversity and inclusion in

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the legal community, the members of this committee appreciate the fact our strength is in our differences, and through our differences we learn to appreciate working together to strive for a more inclusive legal community.

In December 2020, the LCBA Diversity and Inclusion Committee held a community Zoom meeting entitled “Inclusion Revolution Seminar”. It was a fabulous seminar with inspirational and motivating speakers.

Diversity is a fact

Inclusion is an act

The Diversity and Inclusion Committee is presenting its next event this month on June 18th, which is the LCBA’s monthly luncheon. Presenters have been chosen based around May’s Asian/Pacific American Heritage Month. They include Ita Neymotin, Esq.; Leila Beglova; Dr. Colin Feng, CFP; and Nirupa Netram, Esq. Indera DeMine, Esq., is the Moderator. This event is available for both live and remote attendance.

Blake Hampton, President of the Lee County Bar Association, and Lauren E. Baugh, Executive Director of the Lee County Bar Association, are active members of the committee.

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Hampton intends to foster conversations among the community. He would like to help provide a neutral platform for people of different races and ethnicities to be heard. The members of the Diversity and Inclusion Committee represent a broad cross-section and viewpoints from people of different cultures.

Ita M. Neymotin is the Criminal Conflict and Civil Regional Counsel for the Second District Court of Appeal, and Co-Chair of the Diversity and Inclusion Committee.

Neymotin is originally from the country of Kazakhstan, an Asian country of the former Soviet Union. As an agency head, Neymotin is responsible for the administration of five Judicial Circuits, which includes fourteen counties and close to 140 attorneys and staff. Not only is Neymotin the first female to be appointed as a Regional Counsel in the state of Florida. Her leadership also includes Chair of the Florida Bar’s Standing Committee on Professionalism, and Chair of the Twentieth Judicial Circuit Local Professionalism Panel.

Another original member of the Diversity and Inclusion Committee is the Honorable Kathleen A. Smith, Public Defender for the Twentieth Judicial Circuit. Smith is the first female elected Public Defender in the Twentieth Judicial Circuit. She was elected in 2008 and she has a Master’s Degree in Public Administration from Florida Gulf Coast University. She is an Adjunct Professor at Florida Gulf Coast University teaching Constitutional Criminal Procedure. Smith’s office received the Prudential Davis Productivity Award for 2011, 2012, and 2013.

Members of the Lee County Bar Association’s Diversity and Inclusion Committee are listed on the following page.

Submitted on behalf of the Lee County Bar Association's Diversity and Inclusion Committee.

The Lee County Bar Association Diversity & Inclusion Committee Members 2021-2022

Kelly L. Fayer, Founder & Co-Chair

Ita M. Neymotin, Co-Chair

Blake P. Hampton, Esq.

Honorable Kathleen A. Smith

Honorable Gilberto Perez

Henry Lee Paul, Esq.

Shirlarian Williams, Esq.

Kristie Scott, Esq.

Jeff Hurcomb, Esq.

Rose Lee

Joshua Johansen

Diana Golden, Honorary Member

Diana Gurevich, Honorary Member

June 2021

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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, 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. Florida Rural Legal Services, Inc. Freidin & Inglis, P.A. Garvin Law Firm Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg|Noone|Abraham Personal Injury Atttorneys

Goldstein, Buckley, Cechman, Rice & Purtz, P.A. GrayRobinson, P.A. Green, Schoenfeld & Kyle, LLP 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 McQuagge & King Law Firm Men's Rights Law Firm

O'Halloran & O'Halloran, Attorneys at Law Osterhout & McKinney, P.A. Patrone, Kemp & Bentley, P.A. Pavese Law Firm Roetzel & Andress, L.P.A. Rubinstein & Holz Scarmozzino / King Trial Lawyers Sheldon E. Finman, P.A. Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Simmons Law Firm, P.A. Spivey Law Firm, Personal Injury Attorneys, P.A. Strayhorn and Person, P.L. Viacava & Cantor Attorneys at Law Viles & Beckman, LLC Zinn Law If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.

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.

henlaw.com • IP Division: 239.344.1361 Fort Myers • Bonita Springs • Naples • Sarasota*

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Thomas P. Clark

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

Florida Bar Board Certified in both Health Care Law and Tax Law

Florida Bar Board Certified in both Health Care Law and Tax Law

Adapting. Changing. Moving forward.

©2021 Henderson Franklin Starnes & Holt, P.A.

Erin Houck-Toll

*By appointment only.

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Call Joe to Refer a Client: (239)337-1191 Car & Truck Accidents Motorcycle Accidents Drunk Driving Accidents Serious Injury Cases Paralysis Cases Apartment Shootings Gun Violence Cases Courtroom Trials

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Joe North has been helping clients with injury cases and death cases for 30 years.

Attorney Joe North

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Leonard P. Reina, Esq. mediator

239.263.2059 ■ LReina@LPReina.com RES GESTAE

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special feature

by kelly madden

M

any business owners, including attorneys, don’t fully realize the value of online reviews of their services and employees. Today’s consumer is internet-savvy, and statistics indicate more than ninety percent read and rely on reviews of a business before deciding to pick up the phone or visit a website.

The process of utilizing your business reviews is called reputation management, and your firm cannot afford to ignore it if you expect to grow.

Google and other search engines utilize reviews in their algorithms to determine the viability of your law firm and its attorneys, and they play a factor in how and where your firm shows up in search results. A firm with many reviews demonstrates to Google, and to your prospective clients, you’re a significant, respected authority in your field, and

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consumers trust you.

The number of stars shown next to your firm’s name – some clients only check off the stars and don’t leave a written review – is social proof and a vote of confidence in your brand. Reviews are an integral part of local Search Engine Optimization (SEO), helping to place your law firm website higher on a search engine page.

Although a Google review carries a lot of weight, people often review firms on other online platforms, including Yelp, Yahoo, Amazon, the Better Business Bureau and many more. And while a client’s positive comment about your firm on a social media platform like Facebook or Instagram also carries a lot of weight, smart law firms also share their reviews on their own social media business pages.

A marketing-savvy attorney does not dismiss any online review as insignificant, and monitors and reacts as needed. Many law firms have a mechanism on their own websites to prominently display their positive reviews, since they serve as such

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a critical part of a potential client’s buying decision.

Florida Bar Rules and Ethics on Soliciting Reviews Florida Bar Rules on Ethics and Advertising is a cumbersome and daunting list of what you can and can’t do without risking disciplinary action. In recent years, the Bar provided updated guidance and regulatory opinions on things like how an attorney may or may not use social media, testimonials and online reviews.

Elizabeth Tarbert, Director of Ethics & Advertising for the Florida Bar, says this about attorneys soliciting a client for an online review: “Lawyers may request their clients review their firm’s services. Florida Bar rules allow client testimonials if they meet specified parameters”, she states. “However, if a lawyer requests the review, the lawyer may be responsible for the content of the review under Rule 4-8.4(a), which prohibits lawyers from violating the Rules Regulating The

POSITIVE AND NEGATIVE ONLINE REVIEWS THINGS YOU NEED TO KNOW

RESOURCE LINKS for more Florida Bar through another person's acts. If a lawyer publishes the review, the lawyer adopts the content of the review and must comply with Florida rules on testimonials.”

Even Bad Reviews Warrant a Response Some attorneys may be concerned about getting negative reviews.

A negative review cannot be taken down on Google, and most other consumer review sites. Not responding at all leads to more doubt by a prospective client.

You should always look at responding to a negative review as an opportunity to repair a relationship, and to let potential clients know you are engaged and transparent about the bad review.

You should respond to the reviewer in a positive way, too, and never let your temper take control. You can let the reviewer know you are sorry they were not happy with your services, and you are open to discussing any potential solutions with them.

Florida Bar Opinion 20-1 regarding

responding to a negative online review, states in part: “A lawyer may not disclose information relating to a client’s representation in response to a negative online review, but may respond with a general statement that the lawyer is not permitted to respond as the lawyer would wish, but that the online review is neither fair nor accurate.”

Anyone surfing through your reviews will see your response, too, and hopefully will realize the world is not perfect, and you can’t please absolutely everyone.

This lets them, and Google, see you are a concerned attorney who is transparent about your firm, and not one who just ignores any potential challenges in running it.

Kelly Madden is a former marketing director for a Southwest Florida law firm and is now a freelance writer and marketing consultant based in Cape Coral, Florida.

June 2021

information and valuable tips

For more information on this topic, the following articles offer tips for handling reviews: •

https://www.floridabar.org/ the-florida-bar-news/advisoryopinion-addresses-how-bestto-respond-to-online-criticism/

•

https://www.floridabar.org/theflorida-bar-news/pec-tacklesknotty-issues-of-respondingto-online-criticism/

•

https://www.abajournal.com/ magazine/article/ethicallyresponding-to-negativereviews

•

https://www.legalexaminer. com/legal/lawyers-told-not-torespond-to-negative-onlinereviews/

For tips on how to get more good client reviews: https://www.seo-forlawyers.com/attorneys-get-goodclient-reviews/

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guest attorney

Changes to Mandatory Disclosure and Other Florida Family Law Rules of Procedure Amendments

by iman zekri, esq.

Y

ou know what they say—a case can be won or lost on procedure.

Now is the time to update your dated family law forms and catch up on the latest amendments to the Florida Family Law Rules of Procedure that became effective January 1, 2021.

A review of the most significant changes begins with Rule 12.285 to answer the question on everyone’s mind—what does my client need to disclose under the new mandatory disclosure rule?

Mandatory Disclosure Rule 12.285 underwent the most comprehensive revisions. The rule considerably expands the volume of documents to be produced. For one thing, a Financial Affidavit without substantiation is no longer sufficient. As our schoolteachers used to tell us: “You have to show your work.” The amended rule requires each party to produce all documents supporting the information reflected on their Financial Affidavit.

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LeeBar.org

Similarly, parties must disclose all attachments to their tax returns from the past three years, including Forms W-2, 1099, K-1, and all accompanying schedules and worksheets that comprise the return. Pay stubs must be supplied for the previous six months, and parties must supply all credit reports prepared or used in the past twenty-four months.

All promissory notes and other documents evidencing money owed within the last twenty-four months must be provided. Furthermore, statements for checking accounts must be provided for the last twelve months, and for all financial accounts with check-writing privileges, copies of canceled checks must be produced so the payee and purpose of each check can be ascertained.

The disclosure requirement for retirement accounts requires all statements for the past twelve months. A similar change was made to life insurance policies, and parties must provide life insurance policy statements for the preceding twelve months.

Entirely new is the subsection requiring parties to disclose statements for the last twelve months for any virtual currency transactions. The amended rule defines virtual currency in accordance with the IRS definition, which provides virtual currency is “a digital representation of value.” In recognition of the everchanging form of currency and the evolution of cash substitutes, parties are now required to supply a listing of all current holdings of virtual currency.

Corporate, partnership, and trust tax returns for the last three years must be provided if the disclosing party has any ownership interest in the entity.

Finally, parties must provide all affidavits and declarations of non-paternity or judgments of disestablishment of paternity for any dependent children of the marriage.

The Florida Supreme Court’s opinion adopting the revamped mandatory disclosure rule explains the amendments are aimed to provide “a better understanding of the parties’ financial situations” and to “increase fairness and disclosure.”

Child Support Enforcement Rule 12.491 addressing enforcement of child support contains a new requirement for notices and orders setting hearings before support enforcement hearing officers.

Practitioners must ensure the specific language provided in the rule appears verbatim in the notice of hearing in bold type. The language explains the procedure for obtaining review of the order by filing a motion to vacate. Notices and orders must also state whether electronic recording or court reporting will be provided or whether a court reporter would be at the party’s expense.

New Forms and Changes to Existing Forms The Florida Supreme Court adopted new forms to be used under the limited circumstances in which grandparents may file for visitation with their minor grandchild as well as eight new forms adopted in October 2020 for use in the Collaborative Law process.

Additionally, while the state of Florida has permitted remote notarizations during the COVID-19 pandemic, getting a document notarized is yet another hurdle for pro se parties seeking to represent themselves in a divorce action. Consequently, to increase selfrepresented litigants’ access to the courts, the Florida Supreme Court removed the notary block from the following forms:

June 2021

•

Family Law Financial Affidavit (Short Form);

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Family Law Financial Affidavit (Long Form);

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Affidavit of Diligent Search and Inquiry;

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Affidavit of Diligent Search;

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Standard Family Law Interrogatories for Original or Enforcement Proceedings;

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Standard Family Law Interrogatories for Modification Proceedings; and

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Certificate of Compliance with Mandatory Disclosure.

Lastly, all forms were amended by replacing “Husband” and “Wife” with the gender-neutral terms of “Petitioner” and “Respondent.”

With all these changes, verify your forms are updated to reflect the amendments.

Iman Zekri is a Divorce, Marital and Family Law Attorney at Henderson, Franklin, Starnes & Holt, P.A. Iman is an alumna of Florida Gulf Coast University and the University of Florida Levin College of Law.

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the dish

Serving amazing, handmade deliciousness. by lauren baugh

I

n honor of Pride Month, I wanted to try a local restaurant owned and operated by someone in the LGBTQ+ community. I asked for recommendations on Facebook, and my friends immediately bombarded me with “The Gathering Place”. I figured this place must be amazing.

When I Googled the restaurant to find it, I was initially confused. It is in the most random business executive center, which used to be an assisted living facility. Do not let that fool you. In the middle of this unassuming business complex is the most charming restaurant!

I walked in and saw signs everywhere with motivational messages on them.

There are three giant bookcases filled with books to read and the cutest collection of tables and chairs. It gave me a very welcoming feeling.

The person who greets tells us we can choose where we want to sit. We choose a dining table and chairs that look like they came right out of the sixties. I fell in love with the red sparkly chairs!

My lunch companions are Blake Hampton, LCBA president and Mairelis Tamayo, my executive assistant. Mairelis and I have never been here before. Blake frequents the restaurant, so our server walks over and already knows what he is drinking. It is so welcoming when your server remembers you!

We review the menu, and I am shocked at the number of items this very small

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restaurant has available. They all sound so delicious. I love to try new things in general, so now I am not sure where to begin.

The appetizers include ¨Arepas¨, which I am unfamiliar with. I am intrigued and ask the server if she likes them. She says they are amazing…so I find myself ordering the Arepas with pork.

A delicious looking pillow of flavor arrives with a TON of shredded pork on top.

Fresh pico de gallo with crisp cabbage mixed in is alongside it. I take a bite and realize it is a sweet corn cake with some sort of delicious and melty cheese in the middle.

The perfectly seasoned meat with the fresh pico is perfection. And, by the way, it is as delicious, maybe more, the next day!

Blake orders their “Mac Special”, and Mairelis orders “Chicken Avocado, Taste of Belize Bowl”. Blake´s meal is a giant plate of penne pasta with gooey cheese and black beans. He has a huge portion of shredded pork on top. Mairelis is sitting in front of a lovely bowl of flavor with super fresh avocado, shredded chicken and many other colorful items.

I order “Mrs. Anita’s Taste of Belize Bowl”.

The server says it’s one of their most popular meals. It’s amazing looking, as I expected, with cheddar cheese and tortilla chips on top of a bed of coconut rice. It has the shredded pork, fresh pico, and this amazing “Mexi Ranch” dressing.

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Chefs/owners Tony (above) and Shawn (below).

Photos above: chocolate cake, banana cream pie.

cream pie left. I blurt out, “YES! One of those.” I also remember someone told me the chocolate cake is amazing, so I ask for a slice of that as well.

When the dessert arrives, I am wideeyed and bushy-tailed. The amount of chocolate in the cake is otherworldly, and the height of the banana cream pie is crazy. I start with the banana cream pie, and holy moly, it’s delicious. It tastes like springtime in a pie! It is perfection.

Photos opposite page top to bottom: Arepas with pork, Mac Special.

Photos this page above top to bottom: Chicken Avocado Taste of Belize Bowl, Mrs. Anita's Taste of Belize Bowl.

There’s SO much flavor in the pork, and the smells are out of this world. I am not well versed in the food of Belize, but if this pork is an indication of the traditional flavors, we need a Belize restaurant here!

I decided to try dessert, and our server says there are only two pieces of banana

Then I take a bite of chocolate cake, thinking, “It’s chocolate cake; I’ve had a million pieces of that.” NOPE. This is not your average cake. It is 100% scratchmade. There is no doubt; the frosting; the chocolate shavings; the moist and fluffy cake; the combo is quite literally heavenly!

I can’t say enough about how it is worth your time to check out The Gathering Place. The food. AMAZING. The staff.

AMAZING. The location. CENTRAL. I do not have a bad word to say. You will not be disappointed.

June 2021

Located in Beacon Executive Suites 8359 Beacon Blvd, Fort Myers, FL 33907 (239) 425-2626 Monday - Saturday 8 a.m. - 3 p.m.

Closed Sunday

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

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advertiser spotlight

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on the docket for LCBA members and friends

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ave you found traditional medicine isn’t effectively helping you manage your pain, your skin issues, or your image concerns?

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Murone says, “Stress affects every cell in your body. Modern Western medicine

for Lee County Bar Association members.

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doesn’t focus on this. They don’t dig that deep.”

Murone is a Certified Functional Nutrition Counselor and awaiting board approval as an member of American Association of Drugless Practitioner. She is also an NCEA Certified Esthetician and trained in Oncology. Along with her staff, Murone provides skin treatments, massages, cryo slimming & toning, and even a cocoon wellness pod. They also offer Tai Chi and Functional Nutrition consulting.

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member spotlight

Jeffrey Hurcomb, Esq.

1. I had the fortune of traveling to Southeast Asia as part of my work for an educational nonprofit organization.

2. I grew up here in Lee County and graduated from Fort Myers High School. Go Green Wave!

3. I have an embarrassing love of puns, and I try to refrain from making terrible jokes, if it’s the first time you are meeting me.

4. Along those lines, I made a terrible pun during the final round of a law school Moot Court competition in Washington, D.C. It made the federal judges groan in disapproval.

5. I love to read science fiction novels in my spare time to balance out all the reading I do for work.

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LeeBar.org

MARK B. YESLOW Mediations/Arbitrations 30 Years of Experience All Personal Injury Claims/Property Claims/Insurance Coverage Issues www.yklegal.com

239-337-4343 Now Hiring

Mediation and Arbitration Services

SIMON M. HARRISON, ESQ.

Commercial Real Estate & Development Law Attorney

Our job opening is your advantage.

Over 4000 Mediations and Arbitrations since 1992

Pavese Law is seeking a full-time associate for our Fort Myers office to practice primarily in the fields of commercial real estate and developer representation.

Circuit, County, and federal (mdfl) Courts

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Applicants should expect to be working on commercial real estate transactions, including the representation of developers, lenders and equity investors in various joint venture agreements.

on line availability Check and calendaring On line video Conferences Available.

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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.

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on line calendaring and full cv at Www.smharrison.com Phone: 239-433-4505 E-mail: Simon@smharrison.com

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June 2021

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sponsor spotlight

Fort Myers Court Reporting by Jackie Burrell

1. The 20 dedicated reporters with Fort Myers Court Reporting (FMCR) have 585 combined years of experience (yikes).

2. FMCR staff and reporters have a total of 37 children (three more due very soon), 16 grandchildren and one grandchild on the way (which will put owner, Jackie Burrell, into the Gma category).

3. Some of the FMCR staff and reporters have been around so long, we’ve experienced working with brand-new assistant state attorneys, public defenders, and lawyers right out of law school, and now we’re working with them as judges!! Those we’ve yelled at for speaking too fast, or teaching them the ropes for making a good record, or even telling them how they did on their very first depo (when asked by them), and now we have the pleasure of calling them “Your Honor.”

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June 2021

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in the news The Federation of Manufactured Homeowners of Florida announces the appointment of Robert B. Burandt as Legal Counsel for the organization. Burandt has represented Mobile/Manufactured Homeowners Associations for many years and has been involved in some significant litigation and court decisions on their behalf. Burandt is a partner at Burandt, Adamski, Feichthaler, & Sanchez and will be assisted by associate attorney David Holley.

Henderson, Franklin, Starnes & Holt, P.A., announces litigation attorney Monica Schmucker has been elected President of Fort Myers Beach Woman’s Club. As described on fmb-wc.org, “The mission of the Woman’s Club is to support educational and recreational activities for non-profit and charitable organizations operating with the greater Fort Myers Beach community.” In her first one-year term as President, Schmucker will take the helm focusing on fundraising efforts and oversee ongoing renovations to the historic “clubhouse.”

Henderson, Franklin, Starnes & Holt, P.A., announces Steven Gendreau has joined the firm as an associate in the Tort & Insurance Litigation Department. He will handle insurance defense claims involving premises liability, automobile, and personal injury matters. Gendreau was a member of Henderson Franklin’s 2020 Summer Associate Program. He received his B.A. from University of South Florida and his J.D. from Stetson University College of Law. While in law school, Gendreau served as class representative for the Student Bar Association.

Lotus Solutions LLC announces company Founder and CEO Nirupa Netram was recently appointed to The Florida Bar’s Diversity and Inclusion Committee. The committee’s mission is to increase diversity and inclusion in The Florida Bar so that the Bar will reflect the demographics of the state, to develop opportunities for community involvement, and to make leadership roles within the profession and The Florida Bar accessible to all attorneys, including those who are racially, ethnically and culturally diverse, women, members of the LGBTQ community and persons with disabilities.

The Charlotte County Chamber of Commerce held a ribbon cutting April 29 to mark the opening of the new Port Charlotte office of Goldstein, Buckley, Cechman, Rice & Purtz at 2602 Tamiami Trail, Port Charlotte. The personal injury law firm occupied its previous location for four years before moving to the new office. Notable features include larger office space for client appointments, along with an improved lobby area.

The Southwest Florida legal community mourns the loss of Frank Anthony Pavese Sr. who passed away on April 14. Frank was born in Fort Myers in a small cottage still located on Jackson Street. As a young boy, Pavese’s father was Thomas Alva Edison’s personal barber, and he would accompany his father to Edison’s home. Pavese attended Fort Myers High School and served in the United States Army. He was awarded three combat stars. Frank returned to the University of Florida where he received his law degree in 1949.

He then returned to Fort Myers and began his law practice as a sole practitioner in the same year. To keep up with the demands of a growing community, Frank’s practice also grew. Frank was immensely proud of his law practice. In his honor, after his retirement, his law partners named the practice Pavese Law Firm.

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LeeBar.org

Our Dedicated Service Defines Us. Our litigation team is experienced with a diverse skillset to employ the most suitable approach in real estate, construction and business litigation. We’re proud of our enterprising team of business attorneys.

Frank Aloia Jr., Esq.

Jack Morgan, Esq.

Scott Hertz, Esq.

Mark Joseph, Esq.

Samantha Encalada, Esq.

Stephen Dommerich, Esq.

Aloia, Roland, Lubell & Morgan, PLLC Practice Areas +Litigation

+Family Law & Adoption

+Business & Commercial Law

+Personal Injury & Wrongful Death

+Class Actions & Mass Torts

+Property Damage

+Construction Law

+Real Estate Law

+Corporate Transactional Law

+Wills, Trusts, Estates & Probate

Discover us for yourself at LawDefined.com.

Headquartered at 2222 Second Street + Fort Myers, Florida 33901 + info@lawdefined.com + 239-791-7950

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

“YOU DESERVE TO BANK WHERE

Tradition Meets Innovation.”

— Leah Kirby, Vice President, River District Office Manager and John Ammons, Vice President, Cleveland Avenue Office Manager

By combining

traditional customer service with innovative technology, Edison National Bank optimizes client care for Southwest Florida’s attorneys and law firms.

You practice law to address your clients’ needs. Our bankers are committed to making that as easy as possible for our customers in the legal profession.

Your Edison banker will always be on the other end of the line to take your calls and deliver streamlined solutions.

Whether it’s wire transfers or other products and services, your traditional community banker is your innovative business partner at Edison National Bank.

To learn more about our customer services and convenient locations, please visit EdisonNationalBank.com or call 239.466.1800.

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