RED FLAG LAW
What you need to know
Hometown Hero Fighting for others
THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • MARCH 2020
contents on the cover
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ad directory
Red flag law and how it impacts the legal community by Tom Hayden
Cover: original composite image by April Bordeaux
special feature
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A hometown hero who now fights for others
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departments 6
Letter from the President
Matt Roepstorff, Esq.
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Letter from the Executive Director
Lauren Baugh
10 Calendar of Events 12 Ethically Speaking
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14 Practice Section
40 5 Things You Don't Know
Henry Lee Paul, Esq.
Criminal Law
16 YLD Spotlight
Tiffany Pereira, Esq.
20 Legal Lens
Swearing-In Luncheon
About Me
Dawn Maselli
34 100 Club 42 In The News
28 Legal Lens
New Year, New You - Cooking with Carey Ralston
30 The Dish
The Waterfront Restaurant and Marina
36 Legal Lens
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.
Mock Trial Competition Winners
38 5 Things You Don't Know
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About Me
Honorable John Carlin
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Ave Maria School of Law 21 Barbara Pizzolato 37 Bench Bar-B-Que & Shrimp Boil 11 Bounds Law Group 15 Boy, Agnew, Potanovic 37 Brad Jessen, Edward Jones 27 Business Observer 15 Calvo & Calvo Attorneys at Law 33 CONRIC PR & Marketing 35 CopyLady IFC DeMine Immigration Law Firm 29 Denise Kennedy 33 Direct Impressions 41 Donna Tisch 32 Downtown Social House 9 Edison National Bank BC Florida Spine & Joint Institute 27 Fort Myers Court Reporting 39 Goldberg, Noone, Abraham 7 Henderson, Franklin, Starnes & Holt, P.A. 41 Hurtado Immigration Law Firm IBC Kelleher Firm 35 Knott • Ebelini • Hart 24 Law Firm of Scott T. Moorey 29 Law Offices of Dennis L. Webb 17 Law Offices of Dennis L. Webb, Justin Hales, Esq. 37 Leonard P. Reina 25 Livingston Loeffler, P.A. 41 Markham Norton Mosteller Wright & Company PA 39 McHale, P.A. 27 McHale Properties, Co. 24 Men's Rights Law Firm 32 Merit Court Reporting, Inc. 40 Morgan & Morgan 13 Musca Law Office, Inc. 3 NAVTECH USSA Marine Surveyor 42 REAS, Real Estate Advisory Services 29 Responsive Occupational Rehabilitation, Inc. 42 Roetzel & Andress 33 Sexto Productions 38 Sheldon E. Finman, P.A. 34 Spivey Law Firm, P.A. 5 Sproat Workplace Investigations 17 Steve Niehaus, Edison Business Advisors 25 Stockman Mediation 15 The North Law Firm, P.A. 26 Veranda Restaurant 25
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SPIVEY
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239-337-7483 www.SpiveyLaw.com Main Office
13400 Parker Commons Blvd Fort Myers, FL 33912
Serving ALL of Florida
Randall L. Spivey
Attorney Randall L. Spivey Board Certified Civil Trial Attorney
president's letter Let me start by thanking all those who helped make our February luncheon and presentation a success. I received many positive and appreciative comments from those who attended the hemp industry panel discussion and came away with a new foundation of knowledge surrounding Florida’s hemp program and its impact on the lives of every Florida resident. A huge “thank you” also goes to all our panelists who volunteered their time to take part in the program. As we turn to March, the LCBA will continue its focus on our member-focused agenda and enjoying some of the staple events from our LCBA calendar. We will not be hosting a general membership luncheon for this month. However, please keep a watch on your calendars and our “News You Can Use” for updates on the 2020 LCBA Shrimp Boil, as well as other dates and opportunities for socials and practice section meetings. These events give us an opportunity to network on a personal level and strengthen those ties that make our legal community an ideal place to practice. I hope you all will take a moment to review this month’s Res Gestae cover story focused on red flag laws and their impact on due process for all Florida gun owners. To be clear, this is not a political piece or a commentary on weapons bans, assault weapons, or any legislation which restricts access to certain classifications of firearms. This month’s story highlights an issue that affects Florida citizens as a whole – the right to due process of law. There is universal agreement that firearms should not be in the hands of the mentally ill or those who pose a danger to themselves or others. This story explores the delicate balance between preserving the constitutionally guaranteed “right to bear arms” and the essential need to protect the general public, as well as the process by which that balance is implemented. In these times, this is a topic in need of rigorous review and discussion.
LEE COUNTY BAR ASSOCIATION administration Executive Director - Lauren Baugh
executive council PRESIDENT
SECRETARY
Matt Roepstorff, Esq.
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
Danielle Butler, Esq.
ALTERNATIVE DISPUTE RESOLUTION
DIVERSITY AND INCLUSION
Anne Dalton, Esq. and Bill Merchant, Esq.
Ita Neymotin, Esq. and Kelly L. Fayer, Esq. HEALTH AND WELLNESS
John Miller, Esq. and Joel Hyatt, Esq. HISTORY
Jenna Persons, Esq. and E. Bruce Strayhorn, Esq. #KINDLEE
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
Amanda Bartley, Esq. and Kelly L. Fayer, Esq.
Christina Holly, Esq. and Malany Marquez-Kelly, Esq.
LAW RELATED EDUCATION
GENERAL CIVIL AND BUSINESS LITIGATION
T. Rankin Terry, 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
Andrew Banyai, Esq., Blair DeMinico, Esq. and Shanthy Balachanthiran, Esq.
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
Dawn Maselli, Esq.
Matt Roepstorff, Esq. matt.roepstorff@gray-robinson.com | 239.340.7936
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T H E L EG A L L E G ACY C O NT I N U E S We are pleased to announce the new name of our firm,
Goldberg Noone Abraham Personal Injury Lawyers.
With twenty years in Lee County working tirelessly to provide the highest quality legal representation to our clients, we continue to grow and evolve as we enter a new decade.
Learn More at Our New Website | www.Goldberg-Law.com
Scot D. Goldberg
Michael M. Noone
Sheba R. Abraham
Logan A. Goldberg
Local People. Local Practice. Local Knowledge. FORT MYERS: 1533 Hendry Street, Suite 200 | 239-461-5508 CAPE CORAL: 1625 SE 47th Terrace, Suite 1 | 239-208-3000
executive director's letter Each year, there is a new mission, a new goal for the Lee County Bar Association. This year, our goal is to raise awareness in our community on what we do for our members.
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
Some of our general membership lunches will be open to the public as a way to show that we are always facilitating education on the topics that mean the most to everyone, not just legal professionals.
PUBLISHER
Connie Ramos-Williams | 239.690.9840
EDITOR-IN-LAW
Tiffany Pereira, Esq.
MANAGING EDITOR Tom Hayden
CREATIVE DIRECTOR
We had an amazing turnout for our annual Swearing-In Luncheon and hope to have success on that level in the future. Legal, as well as public involvement, is imperative to continuing the growth of the Lee County Bar Association.
April Bordeaux
ADVERTISING DIRECTOR Linda Fiore | 239.690.9840
FEATURE WRITER Tom Hayden
We are always so focused on education and our careers that family and fun can easily be put on the back burner, so annually we have a shrimp boil and family bar-b-que. This year's event is March 28 at the Alliance for the Arts from noon to 3 p.m., Returning chefs will be Judge Robert Branning and attorney Jerry Von Gruben, who are the “Kings of the Crawdads!” . We hope to see as many attorneys and families as possible at the event.
CONTRIBUTING WRITERS Matt Roepstorff, Esq. Lauren Baugh Henry Lee Paul, Esq. Tiffany Pereira, Esq. Kevin Karnes, Esq. Kathy Becker, Esq. Indera DeMine, Esq. Hon. John Carlin Dawn Meselli, Esq.
Our February meeting was comprised of an outstanding panel of hemp industry experts. We were fortunate to have five very knowledgeable people, including state cannabis director, Holly Bell, and Seed and Bean owner, Cole Peacock, join us for the session. The experts outlined the immense impact the future of hemp will have on our agricultural community. The goal of sharing these major issues at our luncheons is to educate. Although the issues may sometimes be controversial, there is a need to discuss their ramifications on the legal community and the Bar. I'm excited that Tiffany Pereira, our executive board treasurer, is also president of our Young Lawyers Division. The 2020 group focus will be pro bono initiatives. The YLD board is utilizing most of its funding to promote and engage the community in pro bono legal work via our pro bono committee. Please consider getting involved in the YLD and pro bono work. For more information, or to reach Tiffany to express your interest, please email me at Lbaugh@ leebar.org.
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©2020 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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6216 Whiskey Creek Drive, Suite B | Fort Myers, FL 33919 239.690.9840 | ConricPR.com | info@ConricPR.com Leebar.org
calendar of events Dates of some practice section meetings have not been confirmed. Check LeeBar.org for details!
MARCH
5
Free YLD Lunch and CLE
Noon-1 p.m. Lee County Public Works Building, 1500 Monroe Street. Lunch will be provided by First Watch. Speaker: Carrie Kane of Total Quickbooks Solutions. Topic: “Financial Reporting: What does it mean?” Register at: leebar.org. Approved for 1.0 General and 1.0 Technology CLE.
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RPPTL Section Lunch Meeting
Noon-1 p.m. Lee County Justice Center, 1700 Monroe Street, Courtroom 5G. Speaker: Ned Hale. Topic: Homestead. Register at: leebar. org.
20 Meeting
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Land Use Lunch Meeting
Noon-1 p.m. Location: Lee County Public Works Building, 1500 Monroe Street. Speaker: TBA. Topic: TBA. Register at: www.leebar.org.
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Annual Bench Bar-B-Que and Shrimp Boil
Family Law Noon-3 p.m. Location: Luncheon Meeting Alliance for the Arts,
Noon-1 p.m. Location: Lee County Justice Center, 1700 Monroe Street, Courtroom 5C. Speaker: Sheldon Finman. Topic: TBA. Register at: www. leebar.org.
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Speaker: Former Florida Supreme Court Chief Justice Harry Lee Anstead. Topic: “Some Random Observations on the Values, Ethics and Actions of Judges and Lawyers.” Register at: www. leebar.org. Sponsor: The Veranda and Rib City Restaurants. CLE pending.
Pro Bono Committee Lunch
Noon-1 p.m. Lee County Justice Center, 1700 Monroe Street, Courtroom 4B.
10091 McGregor Blvd. Sponsored by: Sanibel Captiva Community Bank, Henderson, Franklin, Starnes & Holt, P.A., John Webb Legal Group, Total Quickbooks
Solutions, Fort Myers Court Reporting, Mission BBQ, Coastal Dayz Brewery. Register at: leebar.org.
APRIL
2
Family Law Luncheon Meeting
Noon – 1:00 p.m. Location: Lee County Public Works Building, 1500 Monroe Street. Speaker: Ryan O'Halloran. CLE Pending.
10
RPPTL Luncheon Meeting
Noon-1 p.m. Location: TBD. Speaker: Dawn Marie Driscoll. Topic: ESG Investments.
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LCBA Luncheon: Voting Restoration
Speakers: Linda Doggett and Tommy Doyle. Further details TBA
25 Details TBA
Law In The Mall
April 26-May 2 Law Week
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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ethically speaking
Fee Agreement Deserves Your Best Communication by henry lee paul, esq.
A
common fee agreement in criminal cases involves a staged flat fee schedule in which a fee is charged for different segments of the representation. This type of fee agreement commonly includes a flat fee through pretrial and an additional fee for trial. Practitioners employ various provisions regarding additional fees for trial. In a recent Florida Bar case in which there was a consent judgment, a lawyer was suspended for 30 days, in part for not accurately informing a client of the potential total amount of fees in a criminal case (see, The Florida Bar v. Coggin, SC191668). Attorney Coggin charged her client almost double the amount she had
told her client to expect. She was also allowed to withdraw as counsel before trial. This case is a reminder, especially to criminal practitioners, they have a duty to define the scope of representation and to adequately communicate the potential fee when a flat fee agreement is staged. Although there is little case law regarding such staged fee agreements, the Coggin case underscores the obligation of a lawyer to define the scope of representation and to adequately communicate the basis of a fee with a client. Rule 4-1.5(e) (Fee and Costs for Legal Services – Duty to Communicate) provides that “When the lawyer has not regularly represented the client, the basis or rate of the fee and costs shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation.” Similarly, Rule 4-1.4 (b) (Communication) provides “A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.” In the event of a staged flat fee agreement, it is preferable to provide a specific amount of fees to be charged for different stages of representation. However, some practitioners have taken the position
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that, at the outset of the representation, it is not possible to make a reasonable estimate of the amount of time it may take to take a case through trial. There is risk for those lawyers who do not state a definite amount for trial at the outset of the representation. Such ambiguity leaves the lawyer open to a fee dispute with the client as well as a potential bar complaint. A criminal fee agreement is not required to be in writing. However, if it provides for a limited scope of representation, such as through pretrial only unless there is an additional payment, Rule 4-1.2 (Objectives and Scope of Representation) requires the lawyer obtain informed consent in writing for a limited representation. Of course, the practicalities of a criminal case prevent a lawyer from enforcing such a provision without a court order allowing withdrawal. The Coggin case gives warning a lawyer should not surprise a client with the amount of fees to be paid. It is in the best interest of a lawyer, in a staged flat fee representation, to disclose to the client the basis or rate of the fee to be charged.
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.
March 2020
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criminal law practice section
Your guide to understanding court fines and fees
by kevin karnes, esq.
The Lee County Clerk of Courts Office was created in 1887 when Lee County first became incorporated. Land records were formulated and a court system had to be developed. Fast forward 133 years and the clerk’s office is now responsible for over 1,000 court-related statutory duties, serves over 100,000 customers each year, collects over $35 million in court fines and fees each year and manages a portfolio of an additional $42 million through a collection agency. When legal financial obligations, also known as LFOs, aren’t paid, late fees are assessed, collections surcharges could be added, and drivers' licenses can be referred for suspension. The clerk’s office role in the collection of these LFOs is on behalf of the entire justice system, but has recently been thrust into the spotlight due to the implementation of a Constitutional amendment to restore voting rights to those convicted of felony offenses. The clerk’s focus is to help customers remain compliant with all court and statutory financial mandates
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for all case types, while recognizing each customer’s payment ability. Many clients will incur certain court ordered financial obligations that they will be unable to afford to pay immediately. However, they should still immediately contact the Clerk’s office to discuss the repayment of those LFOs. There are many payment options available to customers and we encourage defense attorneys, partner agencies, and the courts to refer customers to the clerk to discuss options that fit their individual circumstances. The easiest and most flexible payment arrangement is a payment plan, which is an affordable method to comply with court orders and keeps a driver license status in an active status. Customers are able to set up a payment plan with the clerk’s office via email, phone, or inperson request. Our qualified team works with each customer individually to help them choose their own due date and pick a Leebar.org
payment recurrence. Once the plan is set up, customers can then make their minimum payment online, through the mail, or over the phone; or if they need to pay in cash they can pay in-person at any of our three offices in Fort Myers, Cape Coral and Bonita Springs. Specifics on payment options: Online - LeeClerk.org/pay Call - 239-271-3252 eMail - CourtsCompliance@leeclerk.org Mail - P.O Box 2507, Fort Myers, FL 33902 The clerk’s office creates approximately 12,500 payment plans each year, and expects to double this number in 2020. Kevin Karnes is the Chief of Courts for the Lee County Clerk of Court. Kevin is active in the community as he serves on Team 20 of the United Way Allocation team, is the current president of the SWFL Young Republicans, was a member of The NewsPress editorial board in 2017 and is a past guardian ad litem representative.
$36,500,000
$130,000 It isn’t the size of the case, it’s the fact that it is a case. At Bounds Law Group, we recognize that every individual has a right to representation. We don’t limit the cases we accept by value. Over the past 15 months, we have resolved medical malpractice cases ranging from $130,000 to $36,500,000. If you have a client with a legitimate medical malpractice case, we invite your call.
Questions? Call us at 877-644-5122, email us at information@BoundsLawGroup.com, or visit us at www.BoundsLawGroup.com. Office in Maitland
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March 2020
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YLD spotlight
March financial reporting workshop kicks off busy year by tiffany pereira, esq.
T
hank you to everyone who joined us for our Vintage & Young Attorney Social at the end of February. We had a great time and hope you did too. We are kicking off March with a workshop on financial reporting with Carrie Kane of Total Quickbooks Solutions. Try to join us for this free CLE where lunch will be provided by First Watch. More details are on the calendar on page 10. Our Pro Bono Challenge is well under way. Track your hours to earn t-shirts, beach towels, umbrellas and more. Feel
free to tear out the tentative calendar on this page so you can save the date for some of our upcoming YLD events. Dates with an asterisk count towards our Pro Bono Challenge and will feature free CLE courses that cover topics you can use when giving advice in a clinic setting. All pro bono committee events count as well, so check out the calendar on leebar.org for all of the events. We want to be sure everyone’s hours are tallied so they can be recognized at the pro bono luncheon in October.
YLD has a busy year planned. Our events are open to all LCBA members and you can RSVP to any of the above events by emailing me at tiffany@thepereiralawfirm. com. If you are not receiving our emails, please let me know and I will add you to our list. Thank you to our sponsors who have committed so far: DeMine Immigration Law Firm, Total Quickbooks Solutions and Associates and Bruce L. Scheiner. We are continuing to solicit sponsors for all of these great events and hope you will join us!
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.
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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
SWInvestigations.com
Vicki Sproat, Attorney
March 2020
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special feature
A hometown hero who now fights for others Attorney John B. Cechman served his country and now serves his clients
M
ore than 50 years ago, John Cechman was called to fight for his country in the Vietnam War, earning a Bronze Star for his service.
(ROTC) to help pay for his college expenses. After Cechman graduated from Indiana University of Pennsylvania with a bachelor of arts in mathematics in 1967, he became a second lieutenant in the army, completing an infantry basic officer leader course in Fort Benning, GA. He completed Army Intelligence School at Fort Holabird in Baltimore.
Today, he fights for his neighbors as a partner and personal injury attorney at Goldstein, Buckley, Cechman, Rice & Purtz, P.A As the nation prepares to honor and celebrate veterans as part of National Vietnam War Veterans Day on March 29, Cechman certainly deserves the tributes. His military career started at the West Point United States Military Academy in New York where he was recruited to play football from his hometown high
John Cechman
school in Northumberland, PA. It was football, not necessarily the Army, that attracted him to West Point. “The campus was beautiful, and it was a good education,” he said. He played for the freshman and junior varsity teams until he failed a European history class and his grade point average dipped below the requirement, forcing him to leave.
It was there that some friends talked to him about practicing law. From Fort Carson, CO., he was sent to Quang Tri Province just south of the demilitarized zone (DMZ) in South Vietnam. As an agent in charge of military intelligence, he was stationed with the 1st Brigade 5th Infantry Division from July 1968 to July 1969. “It was difficult,” he said. “There were good days and bad days. It’s a year I would not want to duplicate. That’s why I think vets who have seen combat don’t
“Had I stayed, I would have played on the big Army team,” he said. He continued his education at New Mexico University, and joined the advanced Reserve Officers’ Training Corps
Cechman at West Point United States Academy
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ever since. His military medals hang next to a large quilted American flag over his desk: Bronze Star, National Defense Service medal, Vietnam Service medal, Republic of Vietnam Campaign Ribbon, Expert Badge & Auto Rifle Bar, and Marksman Bar & Pistol Bar. “I tell my sons that the military is a great character builder,” he said. “There are no excuses. You get the job done. Yes sir. No sir. It makes you an overall better person. If I have a case, I’ve got to do it right and on time. It translates not only to the law but any job, any occupation.” Cechman, on the far right, in Vietnam
ever talk about it. If you haven’t lived through it, you can’t possibly imagine it.” While he admits his grades in school were not always the best in his younger years, he understood the legal system and considered a future practicing law. He did well on the law school entrance exam and applied to the then-recently established law school at Florida State University (FSU), while still in Vietnam. “I heard about the law from friends in
Baltimore,” he said. “I knew I didn’t want to stay in the Army. I had never been to Florida, so I went straight to FSU.” On a break from law school, he drove to Naples to visit the family of another student. On the way, he stopped in Fort Myers to look into a job that founders of Goldstein, Buckley, Cechman, Rice & Purtz had posted on an FSU bulletin board. He pulled up to the office on his motorcycle and has been representing motorcyclists
Throughout the year, members of the firm collect clothing and supplies for veterans to be donated through the Cape Coral office of the U.S. Department of Veteran Affairs. “A lot of veterans need help, especially since in combat PTSD is a real thing,” Cechman says. “I’m proud of the fact the firm does what it can to assist vets.” Article submitted by Goldstein, Buckley, Cechman, Rice & Purtz, P.A. For more information, call 239-334-1146 or visit JusticeStartsNow.com.
Cechman in Vietnam
March 2020
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legal lens January’s Annual Swearing-In Luncheon featured new Lee County Bar Association president Matt Roepstorff taking his oath of office, along with the rest of the new LCBA executive council board and the YLD board at the Sidney & Berne Davis Art Center. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10.
Andrew Banyai, Linda Doggett, Michael Healy Michael-Anthony Pica, Michael Raheb Hon. Zachary Gill, Stacey Adams, Hon. James Adams, Hon. Devin George Hon. Archie Hayward, Larry Hart Carlos Kelly, Peter Knize Jenna Persons, Jennifer Fischer Kristie Scott, Kayla Richmond Jennifer Gutmore, Dawn Maselli Vera Bergermann, Hon. Carolyn Swift, Hon. Amy Hawthorne Kelly Fayer, Spencer Cordell, Blake Hampton For more pics, check out the gallery at LeeBar.org
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AR
O
F W LA
AVE M
ave
CHOOL IA S
CL E CREDITS
Tuesday, April 7, 2020 4:00 – 6:00 P.M. Ave Maria School of Law
707 Vineyards Blvd., Naples, FL 34119, Admin Bldg. Room 2035
CLE Event Presentation
I’M IN FEDERAL COURT,
NOW WHAT?
Presented by Suzanne Boy, Kyle Cohen, Kyle Dudek & Benjamin Yormak.
Includes a mock preliminary pretrial conference with U.S. Magistrate Judge Nicholas Mizell.
1.5
CLE credits anticipated.
Complimentary registration. Cocktail Reception directly following the event. To learn more and register, visit www.swflfedbar.org
AVE MARIA SCHOOL OF LAW | 1025 Commons Circle, Naples, FL 34119 Licensed by the Florida Commission for Independent Education, license number 4007. Fully accredited by the American Bar Association. A copy of the official registration and financial information may be obtained from the division of consumer services by calling toll-free within the state. Registration does not imply endorsement, approval, or recommendation by the state. http://www.freshfromflorida.com/ Divisions-Offices/Consumer-Services, 1-800-435-7352. Ave Maria School of Law recognizes the inherent value and dignity of all members of the human family. It values equal opportunity and seeks racial, cultural, and ethnic diversity. The Law School does not preclude admission or retention of students or employees on the basis of race, color, religion, national origin, gender or gender identity, sexual orientation, age, disability, or status as a veteran or disabled veteran. The Law School maintains its Catholic character but is open to persons of all religious faiths who respect the goals of Ave Maria School of Law and whose conduct does not undermine the Law School’s religious goals or compromise its Catholic identity.
Red flag law and how it impacts the legal profession by tom hayden
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” – the Second Amendment
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O
ver the last several years, no other amendment in the U.S. Constitution has resulted in more debate, more controversy and more legal wrangling than the Second Amendment. It guarantees an individual’s legal right to have a gun. Recent mass shootings, particularly the loss of 17 lives – many of them young students – at Marjory Stoneman Douglas High School in Parkland in 2018, have led to new laws challenging those amendment rights. A mental health crisis in the U.S. and Florida has further changed the landscape on who can own a gun and who cannot. Florida’s new Red flag laws, which were part of the Marjory Stoneman Douglas Public Safety Act (Senate Bill 7026) passed into law by the 2018 Florida Legislature in the wake of the Marjory Stoneman killings, have brought into play a person’s right to due process and created questions and confusion for attorneys, judges and law enforcement. Understanding and applying the new laws isn’t easy and LCBA president Matt Roepstorff wants to help his colleagues and others navigate these complicated new laws passed by the Florida Legislature in 2018. “For attorneys, this is not the traditional Second Amendment issue,” Roepstorff said. “It’s not banning assault weapons or banning certain types of guns. It’s about due process and striking the balance. It’s about making sure everybody who is eligible can exercise their Second Amendment rights and making sure guns aren’t getting into the hands of those with legitimate mental illnesses and making sure they are not a risk to others.” A crucial part of the red flag laws are risk protection orders. Those orders allow attorneys, police and judges to take guns from people who have been identified by family members, friends, co-workers, neighbors and teachers as a threat and potentially dangerous.
Lee and Collier county judges have approved 59 of the 66 risk protection orders issued from March, 2018 through October of last year, according to reports. What has been identified as a problem with the orders is they are redundant. Reports indicate that in at least 12 of the Lee and Collier cases, the people named in the order already were legally barred from having or owning guns. Matt Caldwell, then a member of the Florida House, voted against the Marjory Stoneman Douglas Public Safety Act. He was concerned about how quickly the bill was proposed and adopted (in just a week and a half ) and specifically the due process questions arising from the Red flag law. “It’s just not what is written in the statute, but how do state attorneys and law enforcement utilize it,” said Caldwell, who served as a state representative for eight years. “You have to protect due process. I wanted to take our time and come back in a special session.” In Florida, over 2,000 residents have lost their guns because of the Red flag law since the legislation was enacted. Reports indicate, however, some law enforcement agencies have been slow to enforce the new law because of a lack of clear direction or clarity on how to use it. “It still goes to due process and having a hearing before guns are taken from you,” Roepstorff said. The process, under the law, starts with a person who has a gun and has been identified as making a threat to another or is a risk to cause harm. A law enforcement agency goes into action, seeking a temporary risk protection order, first from their government attorney and then a judge for a temporary risk protection order. That order requires the firearm to be removed from the suspect’s possession. Judges can authorize the weapons to be seized or placed in the care of a family member or friend as long March 2020
as the person in the order does not have access to the weapon. “Once the judge finds probable cause or a valid basis for taking the weapon they have to be turned over until the court says otherwise,” Roepstorff said. “The issues before law enforcement agencies are how do you track who should or who should not own firearms. Are law enforcement agencies doing this through databases and what kind of personal information is being used? It opens a real Pandora’s box of issues.” Another key issue for attorneys, beyond due process, is keeping the confidentiality of a client vs. the responsibility of reporting someone who could be a risk. “It is really difficult where to draw the line,” Roepstorff said. “I don’t want to push too far on the confidentiality aspect because you want that client to speak candidly with an attorney without fear of a gun being turned over to law enforcement, but if that person is mentally ill, then it is difficult.” In Lee and Collier counties, more than half of the 66 cases of guns being taken were because someone had been held for mental health evaluations through the Baker Act. After three days, if that person is still determined to be of danger and committed to a mental health facility, they lose their gun rights. For several years, law enforcement officers have participated in crisis intervention training to help them understand the signs of some battling a mental health issue. Roepstorff believes attorneys should have the same training to help them when they consult with potential clients. “Especially if you are in litigation, do family law, where you have clients with strong tempers,” Roepstorff said. “It would be nice to have that education on indications of a mental health risk over someone just blowing off steam.” RES GESTAE
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As law enforcement and the legal profession sorts out the impact of the new law, mental health professionals face the uphill struggle of educating people on the false stigma about mental illness. “A person diagnosed with a mental illness does not go around shooting people,” said Vacharee Howard, executive vice president for the National Alliance on Mental Illness (NAMI) Lee Charlotte and Hendry Counties. “If anything, they are the victims.” NAMI continues to work with law enforcement agencies throughout the state on crisis intervention training to help them better understand the signs of mental illness. “Education is the key,” she said.
work through a task force enforcing the Red flag law and issuing risk protection orders. “It keeps us busy, the whole new system,” Cape Coral Police Chief Dave Newlan said. “Like any new law that is passed, there will probably be changes to it. People have the constitutional right to
Vacharee Howard, executive vice president for the National Alliance of mental Illness
And taking guns doesn’t necessarily help the person in need. “By removing the means doesn’t treat the problem,” she said. “It’s not the guns or the knives, you still need to treat the person and the illness. You are teaching the officers to understand the signs and symptoms and how they can escalate.” Law enforcement agencies in Lee County
bear arms.”
“We can keep (weapons) up to 12 months, but the question comes when
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Risk protection orders is a civil process that is typically handled by the county. Cape Coral has a risk protection officer who works with a city attorney and a judge on issuing the RPO. Guns can be seized once a threat has been established and whether or not the person has a history of mental illness. “The other factor is how you approach the individual getting the citation that you are Dave Newlan, Cape Coral Police Chief taking their firearms. Do you let them know? Do you surprise them? There is a safety factor involved.”
Newlan said the biggest challenge for departments, and where the law could be changed, is the law’s lack of clarity between once enforcement agencies seize weapons to when they are allowed to give them back.
KNOTT EBELINI HART
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do we give them back. Those are the questions that keep coming up,” Newlan said. “I am not saying it is always justified, but where does it end? People still have the constitutional right to bear arms.”
The Red flag law is presenting legal dilemmas for the legal community. Education on the law and how it is applied is crucial in understanding its impact and implications.
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Several students and schools were recognized for their work during the recent LCBA 2020 Mock Trial competition.
I
n the team event, Fort Myers High School took first place, followed by Canterbury, with Cape Coral High taking third. Cape also won the “Team Professionalism” award. For individual accomplishments, voted best attorney on the prosecution side was Canterbury’s Payton Ziegler, while Sydney Marcy of Fort Myers was voted best attorney for the defense. The best witness award for the prosecution went to Nicole Kraus of Cape High, while Logan Hawley of Canterbury was voted best witness for the defense. Reece Hall of Fort Myers earned top honors for delivering the best opening statement, while Kim Balch of Cape High took the best closing argument award.
The Law Office of Karla Y. CamposAnderson, P.A. (best attorney, defense), Leslea Ellis, LLC (best witness, plaintiff ), DeMine Immigration Law Firm, P.A. (best witness, defense), Associates and Bruce L. Scheiner (best opening statement) and Lee County Bar Association Foundation (best closing argument). The Silver Award sponsor was Goldstein, Buckley, Cechman, Rice & Purtz, P.A.
Photo left: First place winner, Fort Myers High School Photos above (top to bottom): Professionalism Award winners, Cape Coral High School. Second place winners, Canterbury.
The scholarship sponsors for each of the awards were Aloia, Roland, Lubell & Morgan, PLLC (best attorney, plaintiff ),
See Legal Lens on page 36 for more photos.
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legal lens Several LCBA members became culinary “experts,” thanks to the smart and healthy cooking insights of Carey Ralston, director of development and community relations at Hope Clubhouse. She presented “New Year, New You - Cooking with Carey Ralston."
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DeMine Immigration Law Firm
Handling all types of immigration matters
It is with great pleasure we announce, Thomas DeMine has joined DeMine Immigration Law Firm. Tom brings his extensive litigation and trial experience to our firm.
239.208.2680 | info@demineimmigration.com 1625 Hendry Street, Suite 103, Fort Myers, FL 33901
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Attorneys Indera and Tom DeMine
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the dish
The Waterfront Restaurant & Marina
brings old Florida, great food to Pine Island
by indera demine, esq.
T
ucked away on the southern tip of Pine Island in St. James City is The Waterfront Restaurant & Marina offering old Florida style seafood in a casual and unique atmosphere. I first became aware of the restaurant after meeting its present owner, Nicola Fleming. Nicola, a native of London, was looking to relocate to Southwest Florida where her parents had retired. She had spent over 10 years in the field of conservation, working as the head of Conservation and Preservation at the National Maritime Museum in the U.K. Looking for a change of pace, she came across the Waterfront restaurant and saw the immense potential and business opportunity.
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After several months of preparation, our firm, DeMine Immigration Law Firm, P.A., assisted Nicola who was granted an E-2 investor visa through the U.S. consulate in London. She quickly relocated to Southwest Florida with her family and began the revamp process of the restaurant.
meal. We started off with raw oysters that were $11 a dozen. We quickly opted for a second order after finishing the first. They were fresh, and as everyone agreed, some of the best oysters we’ve had. The restaurant also provided coleslaw for the table that we ate quickly as we chatted and kept the kids busy.
The Waterfront has been around for over 21 years and is a local favorite, known for its seafood dishes, old Florida charm and beautiful waterfront views.
For our main course, I opted for the shrimp and scallop pot pie. This was my first experience having a seafood pot pie and I was not disappointed. At $20.95, the pot pie is big enough to share with plenty of delicious scallops and shrimp in a creamy sauce. My mother-in-law and I shared the pot pie and her order of the crab-crusted grouper. The grouper, at $23.95, was served warm on a bed of
We arrived at the restaurant on a Saturday afternoon and opted for indoor seating as it was a bit chilly for outdoor dining. I was pleasantly surprised to see paper tablecloths and crayons to keep our toddler busy as we waited for our
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yellow rice and perfectly cooked and generously topped with a crab stuffing. As we went around and shared, this was my favorite. I did not have a need for the sweet and spicy salsa that went along with the dish because I loved it on its own. My husband, Tom, opted for the grouper basket that he finished before I could even get a taste! Served with fries, potato or pasta salad, the grouper basket was fresh with a liberal serving of fried, crispy chunks. At $17.95, the grouper was a sure winner and perfect for a lighter dinner. The kids' menu offered all of the favorites of mac and cheese, hotdog, grilled cheese, pasta, etc. We settled for the mac and cheese that our little one ate quickly. The restaurant offers a wide selection of beer, wine and frozen drinks. As I drank a refreshing pina colada, I noticed a
steady flow of patrons to the restaurant. At one point, there were a number of folks waiting to be seated and a few that braved the cool air and opted to sit outdoors. If you are wanting to catch up on a sporting event and grab a beer, a seat at the bar may be up your alley. The wait staff was friendly and the atmosphere lively. As our toddler colored and our 6-month old began making his presence known, I was glad the restaurant is kid-friendly and loud enough where we weren’t being disruptive. Drawn to the water, our toddler demanded to be taken outdoors where we watched the pelicans fly by and boats docked along the water. It was a cool afternoon but perfect for a warm hug from my toddler as he pointed to the birds and enjoyed the scenery. As we paid our tab and got ready to
leave, we chatted with the other patrons and exchanged pleasantries with the wait staff. We truly enjoyed our experience at the Waterfront restaurant and would highly recommend a visit. Also, it is toddler approved!
2131 Oleander St., St. James City, FL 33956 239.283.0592 Open 6 days a week (closed Wednesdays) 11 a.m. - 9 p.m. waterfrontrestaurant.com
Indera DeMine, Esq., is founder of DeMine Immigration Law Firm in Fort Myers. She focuses the practice on immigration and nationality law.
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Call the Guru for all your Appellate needs! Christopher D. Donovan 239.213.3865 | cdonovan@ralaw.com ralaw.com | Roetzel & Andress, A Legal Professional Association
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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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Sheldon E. Finman, Esq.
2134 McGregor Blvd., Fort Myers, Fl 33901 Leebar.org
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legal lens
Photos courtesy of Jim Jett Photography
Fort Myers High School won the team competition and Cape Coral High School was awarded the “Team Professionalism� award during the recently completed LCBA 2020 Mock Trial competition. Several students also were honored for their work on defense and prosecution teams during the two-day event.
Photo courtesy of Jim Jett Photography
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Proactive Legal Solutions for Employers
Your business is our business. Employment ■ Business ■ Government John Potanovic, Suzanne Boy, and John Agnew
We represent businesses in employment law matters – from hire to termination and everything in between. We provide legal counseling and training to help employers identify legal risks, and collaborate with them to create solutions that work for their workplaces, both private and public sector. While our goal is typically to help clients avoid claims and lawsuits, when litigation cannot be avoided, we are also experienced litigators prepared to defend our clients through trial and appeal.
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Lawyer for Life Barbara M. Pizzolato, Esq. Over 30 years experience Licensed to practice in New York, New Jersey, Connecticut, and Florida Committed to establishing long-lasting relationships with her clients Offers personalized, customized legal services that clients expect and deserve
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judge spotlight
Hon. John Carlin
1. I had lunch with John Wayne. In 1972, I won an essay contest on “Why I want to meet John Wayne.” As the winner, I got to go to the premiere of “The Cowboys,” and had the privilege of having lunch with him. In my office, I have a picture with him. 2. I am a student of presidential history. I have collected presidential campaign buttons since I was about 12. My oldest button is for Teddy Roosevelt. During my lifetime, I have met several presidents, including President Ford, President Carter, President Reagan and President George H.W. Bush. 3. I played high school and college tennis. In 1978, Billie Jean King came to my hometown for an American Heart Association fundraiser. I had the choice to play with her or against her in a mixed doubles match. I chose to play against her, and I lost! Next time, I will choose her to be my partner. 4. My wife and I were victims of an armed robbery in 1990. During my first election for county judge, we were leaving Bennigan’s restaurant on U.S. 41 and the robbers were parked in the car next to us. It was a terrifying experience. 5. My parents introduced me to Broadway shows at a young age. My wife and I travel to New York City every year to see Broadway shows. My favorite is “700 Sundays,” starring Billy Crystal. I have seen the show three times.
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Litigation Support & Forensic Accounting
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Litigation can be a puzzle; fortunately, we have a qualified team of financial experts who dig into the details and piece together the facts, making complicated financial information accessible and understandable. From interpreting financial evidence to strategizing on the big picture to providing expert witness testimony for court, no matter is too large or too small. Let us put the pieces together for you.
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member spotlight
Dawn Maselli
1. I danced from the age of 3 to 24. I was president and captain of the FGCU dance team and was a back-up dancer for Ciara in the 2006 Orange Bowl Halftime Show. 2. I started at Associates & Bruce L. Scheiner’s office in 2007. I was a file clerk there, while I was in college at FGCU. I have been an attorney at BLS for 8 years. 3. I am a fellow in The Florida Bar Leadership Academy. I was in Class VII. 4. My husband, Luca, and I are parents to two French bulldogs. We rescued Sadie and Salie. 5. We are huge St. Louis Cardinals fans. Most of my family lives about an hour outside of St. Louis. Go Cards!
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South Fort Myers 6213 Presidential Court Suite 100 Fort Myers, FL 33919
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in the news Attorney Amanda Barritt has been named chair of the real estate department at Henderson, Franklin, Starnes & Holt, P.A. She holds the highest certification by The Florida Bar in Condominium & Planned Development Law. Barritt also serves as chair of the firm’s condominium and homeowners’ associations practice group and co-chair of the marketing committee. Barritt is a stockholder and joined Henderson Franklin in 2004. She represents residential and commercial condominium, homeowners’ and property owners’ associations, non-profit social and recreational clubs, developers, builders and individuals in all aspects of real estate development, operation, and condominium and property association law.
Kristie A. Scott launched Light Path Law, P.A., a Christian Law Firm where she practices Church Law, Business Law, Employment Law, and Civil Litigation. Prior to starting the Firm, Kristie practiced law with well-respected law firms in Southwest Florida for over six years. Kristie has an AV Preeminent Rating with Martindale Hubbell, has been named a Rising Star by SuperLawyers Magazine since 2019, and was recognized as a Leader in the Law by the Florida Association for Women Lawyers in 2017. In addition to practicing law, Kristie is an adjunct at Florida Gulf Coast University where she teaches Business Law.
An opportunity to work personal injury cases on the plaintiffs’ side attracted former professional baseball player and former Fort Myers Chief Administrative Attorney Terry Cramer III to the Law Offices of Dennis L. Webb. Cramer has extensive experience in civil litigation and municipal law, is Board Certified by The Florida Bar in city, county and local government law and holds an Associate Risk Management certification. Cramer received his law degree from Barry University School of Law in 2011 and was admitted to The Florida Bar in 2012. He began in private practice in Fort Myers doing civil litigation prior to working with the government.
Thomas DeMine has joined the DeMine Immigration Law Firm, P.A., as a partner. Prior to joining the firm, Mr. DeMine ran his own criminal defense law firm. DeMine brings with him over 13 years of litigation experience having worked as a prosecutor in Lee County, before going into private practice as a criminal defense attorney. DeMine tried and prosecuted thousands of misdemeanor cases, including DUI, petit theft, possession of marijuana, battery, and domestic violence, but was quickly promoted to the felony division in less than a year. Since 2009, DeMine has been in private practice and has helped hundreds of clients charged with nearly every criminal offense.
Send your news items to resgestae@leebar.org.
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PAID
FT. MYERS, FL PERMIT NO. 147
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 !
“WE’RE A COMMUNITY BANK...
that serves the community!”
— Robbie Roepstorff, President and Geoff Roepstorff, CEO
Like Thomas Edison, we believe there is
always “a better way.” We believe our Bank’s success depends on our community’s success. So we, as a business, as a team and as individuals, give back to those who need it most. We are proud that our Bank was named the 2019 Small Business of the Year by the Horizon Council and Lee County Economic Development Office.
For a better way of banking, join Edison National Bank/Bank of the Islands. Edison National Bank/ Bank of the Islands customers enjoy:
• free online and mobile banking • no-fee access to their account funds • • •
at any Publix® Presto! ATM free bill pay services for personal account holders courier and cash management services for business clients streamlined processing for all loans including commercial and residential mortgage loans
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.