Res Gestae - March 2022

THE HISTORY OF THE ANNUAL BENCH BAR-B-Q & SHRIMP BOIL

Florida Legislature's trend in preemption of local regulation THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • MARCH 2022

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on the cover

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ad directory

History of the LCBA Annual Bench Bar-B-Q and Shrimp Boil Hon. Robert Branning and Tom Smoot,III, Esq.

special features

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Florida Supreme Court considers allowing Florida registered paralegals to provide limited legal services Keith Grossman, Esq.

departments 6 8

Letter from the President

Tiffany Pereira, Esq.

Letter from the Executive Director Lauren Baugh

10 Calendar of Events 12 Ethically Speaking Henry Lee Paul, Esq.

14 Practice Section

Intellectual Property Mark Nieds, Esq.

ON PAGE 20 On the cover: traditional shrimp boil, Mission BBQ, Jerry Von Gruebn and Judge Robert Branning.

Photo editing by April Bordeaux

28 Legal Lens

Swearing-In Luncheon

30 The Dish

Cristof's on McGregor

Lauren Baugh

32 New Members 33 100 Club 34 5 Things You Don't Know About Me Diego Gil, Esq.

16 YLD Spotlight

35 Advertiser's Spotlight

18 Guest Attorney

36 5 Things You Don't Know

Katherine E. Camadeco, Esq.

The Florida Legislature's Trend in Preemption of Local Regulation

Joseph A. Adams, Esq. & Amanda L. Swindle, Esq.

26 Past President's Q&A

Aloia, Roland, Lubell & Morgan

About Me

Connie Ramos-Williams/CONRIC pr + marketing

Featuring Tom Smoot, III

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.

ON PAGE 30 RES GESTAE

33 IBC 33 9 32 13 17 27 23 13 35 37 BC 15 19 13 IFC 14 35 11 17 11 19 36 23 3 29 11 7 15 34 33 19 35 5 17 9

38 In The News

Colby Keefe, Esq.

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Agoston Law Group Aloia, Roland, Lubell & Morgan, PLLC Bounds Law Group Boy Agnew Potanovic Miller Brazzeal Mediation Business Observer Calvo & Calvo Attorneys at Law CONRIC pr + marketing Dal Lago Law DeMine Immigration Law Firm Direct Impressions Donna Tisch Edison National Bank Frank Piazza, P.A. Jeff Kottkamp, P.A. Jones & Co. Realty Lake Michigan Credit Union Law Firm of Scott T. Moorey Law Offices of Dennis L. Webb Lee County Bar Association Lee County Bar Association Leonard P. Reina Mark B. Yeslow McHale, P.A. Men's Rights Law Firm Musca Law Office, Inc. Premier Investigations & Process Services REAS, Real Estate Advisory Services, LLC Ringsmuth Roetzel & Andress Roetzel & Andress Rosenblum Tax Law Sheldon E. Finman, P.A. Senior Advocacy Group Spivey Law Firm Personal Injury Attorneys, P.A. Stockman Mediation The North Law Firm, P.A.

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president's letter How is it already March? I hope February was good to you and your sweethearts didn’t let you down on Valentine’s Day, but fear not if they did. LCBA has a great lawyer referral program with a slew of family law attorneys!

(Kidding, kidding...)

LEE COUNTY BAR ASSOCIATION administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

executive council

Thank you to everyone who attended our February luncheon. We were excited the LCBA Foundation showcased some grant recipients from this previous cycle. If you missed it, did you know the Foundation gave out over $50K to over 20 local non-profits in our community? What a blessing! We are looking forward to more big events, so we can better serve the needs of these agencies.

VICE PRESIDENT

TREASURER

Spencer Cordell, Esq.

Hon. Kathleen Smith

BOARD MEMBERS

Travis Russell, Esq. John Miller, III, Esq.

Andrea Pleimling Smith, Esq. Diana "Dawn" Maselli. Esq.

committee chairs BENCH-BAR GALA

LAW WEEK

Diana "Dawn" Maselli, Esq.

Hon. John S. Carlin

DIVERSITY AND INCLUSION

LCBA FOUNDATION CHARITY GOLF TOURNAMENT

Kelly L. Fayer, Esq. and Ita Neymotin, Esq. HEALTH AND WELLNESS

John Miller, Esq. and Hon. Kimberly Davis Bocelli HISTORY

In February, we were also honored to welcome Scott Westheimer, Candidate for President-Elect of the Florida Bar. Scott shared valuable information and answered questions. Scott can be reached at swestheimer@smrl.com or www.electwestheimer.com.

Be sure to cast your vote for the candidate of your choice!

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

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

Shaina Zuppke, Esq. and Eunice Gedeon, Esq. PARALEGAL

Rich Haberle

LAW RELATED EDUCATION

PRO BONO

T. Rankin Terry, Esq.

Andrew Banyai, Esq. and Michelle Trunkett, Esq.

practice section chairs

I am continuing the trend of introducing our 2022 LCBA Executive Council to you. This is Andrea Pleimling Smith’s second year on our Board, and she is an instrumental part of our success. A partner at Goldstein, Buckley, Cechman, Rice & Purtz, Andrea is a seasoned trial attorney who advocates zealously for her clients.

ALTERNATIVE DISPUTE RESOLUTION

IMMIGRATION LAW

Anne Dalton, Esq.

Indera DeMine, Esq. and Nirupa Netram, Esq.

APPELLATE LAW

Alex Brockmeyer, Esq.

INTELLECTUAL PROPERTY

CORPORATE LAW

Luca Hickman, Esq., Mark Nieds, Esq. and Holly McFall, Esq.

Alicia Olivo, Esq. CRIMINAL LAW

Andrea is a Past President of LCAWL, a Florida Association for Women Lawyers Leader in the Law, serves as a Guardian ad Litem, is a member of the 20th Circuit Judicial Nominating Commission, and was recognized by Business Observer as a 40 Under 40. She is also a big animal person (my favorite!). Andrea, and her husband Chris, have two rescue pups, Boo and Thunder, and they can be spotted regularly walking these lucky pups down McGregor!

When they aren’t here, they are living their best lives in Utah, while still working hard for their clients. Thank you, Andrea, for your support and leadership in LCBA. We are grateful to have you!

Kathleen Fitzgeorge, Esq. and Agnieszka Osowicka, Esq. ELDER LAW

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

Kayla Richmond Miller, Esq. and Danielle Seitz, Esq.

Tiffany Pereira, Esq. 239.332.1181 | thepereiralawfirm.com RES GESTAE

SECRETARY

Peter Knize, Esq.

YLD President - Katherine Camadeco, Esq. President Emeritus - Blake Hampton, Esq.

One of those events is the Shrimp Boil! The LCBA Bench Bar-B-Q is my second favorite annual event. The Alliance of the Arts provides a great, convenient location for family friendly fun and lots of good food. Some of SWFL’s finest will be back in the dunk tank for this event. Swing by and knock some familiar faces into the water for the Foundation! I heard a rumor there may even be a member of the Bench on the bench – see what I did there?

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PRESIDENT

Tiffany Pereira, Esq.

LeeBar.org

GENERAL CIVIL AND BUSINESS LITIGATION

Carlos Kelly, Esq. and George Knott, Esq.

LAND USE AND GOVERNMENTAL LAW

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

Kenneth Kemp, Esq., Peter Knize, J.D., L.L.M., and Robin D. Merriman II, Esq. SOLO & SMALL FIRM

Jarred Duke, Esq. TORT LITIGATION

Dawn Maselli, Esq. and Diana Castrillon, Esq.

Criminal Defense Lawyers upholding our reputation for success and defending the Constitution for a combined 100 years.

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Admitted to practice in Southern District, Middle District and United States Supreme Court Litigated cases throughout the United States

Some of our achievements: Former 20th Judicial Circuit

Elected State Attorney Former President of the Lee County Bar Association Former Chair of the Florida Bar Grievance Committee 20th Judicial Circuit Former City Attorney of Fort Myers Original Master and Founding Member of the Calusa Inn of Court Voted 2017 Lawyer of Distinction-Top 10% in the United States Former Lee County Court Division Chief of the State Attorney’s Office Founding Member of National DUI College Thompson Reuters Super Lawyer AVVO “10” Rating by Reviews Death Qualified for Death Penalty Cases “AV” Preeminent Rated by Peers in Legal Ability and Ethical Standards Former Head of the Hendry/Glades County State Attorney’s Office All 3 Partners Voted by peers as SW Florida’s Top Lawyers in Naples Illustrated Collier County Lion of the Law Judicial Award for Professionalism Former Lee County Circuit Court Division Chief of the State Attorney’s Office 2020 Top 40 Under 40 National Trial Lawyers Current Member of the Florida Bar Unlicensed Practice of Law Committee 20th Judicial Circuit Current Board Member of the City of Fort Myers Police Citizen Review Board All Partners were Former SWFL Prosecutors Former Deputy Public Defender, Head of the Homicide Unit and Child Victim Crimes Unit Voted one of Gulfshore Life’s Top Lawyers in SWFL Media appearances on Dateline, NBC, Fox, CNN, Dr. Drew, News-Press, Naples Daily News and USA Today. ◆

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executive director's letter Happy March to everyone!

February brought us some great times. With our LCBA membership meeting luncheon, which featured speaker Scott Westheimer teaching us about the Florida Bar’s discipline procedures… and how to avoid them; Foundation grant allocations; our 2022 County Mock Trial Competition and many more CLE opps, we packed quite a bit in. March is no different.

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 PUBLISHER

Connie Ramos-Williams | 239.690.9840 Ext. 1001

EDITORS-IN-LAW

Tiffany Pereira, Esq. and Hon. Kathleen A. Smith

MANAGING EDITOR Keith Grossman, Esq.

Remember to go to our website and register to attend our 2022 LCBA Bench Bar-B-Q and Shrimp Boil. You are NOT going to want to miss this one. Beer, BBQ, Crawdads, Family Fun, Raffles…and MORE!!!

CREATIVE DIRECTOR April Bordeaux

ADVERTISING ACCOUNT EXECUTIVE Lisa Doyle-Mitchell | 239.851.4729

We are gearing up our LCBA Mentorship Committee and want YOU! If you would like to be a Mentor, or need a Mentor, please reach out. This is a long-term plan for the LCBA, and we are counting on YOU!

FEATURE WRITER

Keith Grossman, Esq.

CONTRIBUTING WRITERS Tiffany Pereira, Esq. Lauren Baugh Henry Lee Paul, Esq. Katherine E. Camadeco, Esq. Joseph A. Adams, Esq. Amanda L. Swindle, Esq. Hon. Robert Branning Tom Smoot, III, Esq. Colby Keefe, Esq. Diego Gil, Esq. Connie Ramos-Williams

Speaking of counting…each event we count our “beans” and are so grateful for the continued support of our community.

Without sponsorships, we would not be able to hold these amazing events for our members. Each month, we print their logos in this very publication, and if you have not paid attention to these before, I ask you to take a look. When you see our sponsors, say thank you, or give a handshake. Sponsors make our world go round!

While we are giving thanks, THANK YOU to our members. Thank you for your continued support via your membership. We are small but mighty, and as we continue to grow, we are always here for you. If you want a program we are not offering, let us know. We are open to new programs and will even promote you to help with it.

Since we are talking shop – we are ordering more CLE CDs for you to check out. If you have a topic you would like to see us carry, please let us know, and we will try our best to get that CD for you.

Lastly, a reminder of what is ahead on the LCBA calendar: Bench Bar-B-Q & Shrimp Boil, LCBA Membership Meeting Luncheon, Law In The Mall, Law Week Blood Drive, Law Week Awards Luncheon, Foundation Golf Tourney, LCBA D&I Committee Luncheon and many more! For more information on these events and more, check out the calendar page in this magazine, at www.leebar.org and on our Facebook page. We are always adding events. Looking forward to seeing everyone soon!

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©2022 Lee County Bar Association Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission from the Lee County Bar Association. To inquire about such permission, please contact the Lee County Bar Association at Info@LeeBar.org.

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

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RES GESTAE

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

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LCAWL Lunch and Learn

11:45 a.m – 1 p.m.

Location: Lee County Justice Center, Hearing Room 5B Topic: Overcoming COVID-19’s Disproportionate Impact on Women in the Workforce Speakers: Nickole Hendra, Denise K. Finn and Nirupa Netram R.S.V.P to leewomenlawyers@gmail.com

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LCBA ADR Section Virtual CLE

Noon – 1 p.m.

Location: Zoom Topic: Evaluative Mediation Speaker: Herb Fried, Esq. Register: LeeBar.org

26

LCBA Annual Bench Bar-B-Q and Shrimp Boil Noon – 3 p.m.

Location: The Alliance for the Arts Register: LeeBar.org Details

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LCBA RPPTL Law Section Hybrid

Noon – 1 p.m.

Location: Lee County Justice Center, Hearing Room 1-A Topic: Elective Share Speaker: Robin Merriman, Esq. Register: leebar.org

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

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

Thank You to Our 2022 Annual Sponsors

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LeeBar.org

lcba bbq promo ad

March 2022

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ethically speaking

Withdrawal because of client bar complaint may not support lien for fees by henry lee paul, esq.

C

ontrary to commonly expressed opinions, a client’s bar complaint does not necessarily require withdrawal as counsel representing the client in litigation. Further, if withdrawal in a contingent fee case is based on the filing of a client bar complaint, it does not necessarily equate to entitlement to fees pursuant to quantum meruit.

The Mineo Salcedo Law Firm, P.A., v.

Cesard, 4D20-1761 (2022) case recently addressed this issue. The Salcedo Law Firm (Salcedo) represented Cesard in a contingent fee case. Salcedo advised Cesard to accept a settlement offer.

Cesard refused and filed a bar complaint against Salcedo concerning the settlement negotiations.

Salcedo believed the bar complaint created a conflict of interest with their client that required withdrawal as counsel. Salcedo confirmed this belief with The Florida Bar’s Ethics Hotline, which indicated the bar complaint “created a conflict of interest sufficient to ethically require the firm’s withdrawal from the case.”

Based on this confirmation by The Florida Bar, Salcedo sought, and was granted, leave to withdraw less than two weeks before the scheduled trial. It appears

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Salcedo felt comfortable it would be able to lien the proceeds to recover the quantum meruit value for services rendered. However, this presumption proved to be a far more complicated matter than anticipated.

The trial court awarded only a minimal amount of fees. Salcedo appealed and the 4th DCA stated “The question presented to this court is whether the trial court erred in failing to award reasonable fees pursuant to the charging lien.

Because various factual questions remain unanswered, we reverse and remand for further proceedings.”

Salcedo argued, “…the specter of Bar sanctions stemming from the complaint loomed over the relationship, involuntarily placing the firm in a position where it could no longer render appropriate legal advice.” The 4th DCA disagreed and indicated the simple fact of a bar complaint did not necessarily equate to entitlement to fees as if they were discharged without cause.

The Court indicated the analysis required should be much more in depth “…the trial court had to determine whether it was the Cesards’ or the firm’s conduct that made continued representation either legally impossible or would have

LeeBar.org

caused the attorney to violate an ethical rule of The Florida Bar….To do so, the trial court had to hear evidence about the bar complaint’s merits.” The trial court was required to determine “who bore responsibility for creating the attorney client rift.”

This placed Salcedo in a dilemma which was inextricably intertwined with the entitlement of fees and the threat of prosecution of The Florida Bar. This type of dilemma is why The Florida Bar has, in the past, in accordance with stated policy, deferred investigation and prosecution in cases with related civil litigation.

Unfortunately, this past practice is no longer being strictly enforced. The Florida Bar is now routinely pursuing prosecution of cases with active companion litigation.

The dilemma of prosecution by The Florida Bar, with simultaneous litigation, presents a Hobson’s Choice for members of the Bar.

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

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practice section - intellectual property

by mark nieds, esq.

T

he LCBA Intellectual Property Section is entering its second year and has expanded in membership and leadership. We welcome Holly McFall of SecureMark Legal as section co-chair and look forward to her input as we prepare for 2022.

After a tremendous first year, in which we offered a CLE presentation on general IP concepts and welcomed local IP attorneys into the Section, we have much in store for the upcoming months.

A glimpse into what the IP Section is planning includes CLE presentations on various topics starting with “Blockchain, NFTs and IP issues in the Crypto-world” (date TBD) to provide context, insight and an overview of this rapidly evolving area at the intersection of technology and law.

The LCBA has always provided members with great local resources for

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collaboration and input outside their practice areas. Because IP is a specialized area that can present unique issues in many different situations and across different practice areas, the IP Section is also planning an early summer social and networking event where LCBA IP and non-IP attorneys can meet and exchange ideas.

Traditionally, the LCBA has also always been a valuable resource to businesses and individuals outside the legal profession. Following this spirit, the IP Section plans to extend our outreach to the broader community. For example, we plan to present general workshops on what companies should know about intellectual property, recognizing and protecting trade secrets, brand building and protection, and even IP issues for creative artists. Finally, given the

LeeBar.org

entrepreneurial spirit that permeates SWFL and to help future inventors and innovators, IP section members are active with and available to local high school and college students to help them learn and understand how to protect what they create.

If you have any questions, suggestions for any discussion topics or wish to join the IP Section, please reach out to me at mark.nieds@henlaw.com or by phone at 239-344-1153.

Mark Nieds is a stockholder and chair of Henderson, Franklin, Starnes & Holt, P.A.’s Intellectual Property Group. He concentrates his practice on domestic and international intellectual property and internet matters, including trademarks, copyright, trade secret protection, franchising, privacy, and data protection.

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YLD spotlight

YLD RECOGNIZES

International Women's Day

by katherine e. camadeco, esq.

T

uesday, March 8th is International Women’s Day. In 1975, the United Nations designated International Women’s Day to recognize the social, economic, cultural and political achievements of women. The day provides an opportunity to raise awareness about women’s equality.

March 8th on the Gregorian calendar and International Women’s Day has been celebrated on March 8th ever since.

International Women’s Day finds its roots in the United States, beginning in 1908 when women garment workers began striking and marching through the streets of New York City to protest working conditions. A year later, the United States observed the first National Women’s Day on February 28th. In 1910, the idea for an International Women’s Day was raised at an International Conference of Working Women with the idea that women would be celebrated in every country annually.

In 1911, International Women’s Day was honored for the first time.

- The United Nations reports one in five women and girls have experienced physical and or sexual violence by an intimate partner within the last 12 months. Forty-nine countries do not have laws protecting women from domestic violence.

In 1917, Russian women began a strike for “bread and peace,” as the country was facing the ravages of war. The women continued to strike and protest for four days when the Czar abdicated, and a provisional government granted women the right to vote. The strike began on

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Women have made significant strides since those early protests. But work remains to be done for women to achieve equality. Gender discrimination permeates all areas of women’s lives.

- Approximately 30 countries still practice female genital mutilation, which 1 in 3 girls between 15-19 years old will experience.

- The United Nations indicates “nearly 60 percent of women around the world work in the informal economy, earning less, saving less, and at greater risk of falling into poverty.”

- Women earn 23% less than men globally.

- In eighteen countries, husbands can legally prevent their wives from working.

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- Women face further economic inequality in the “pink tax,” which is a system of gender-based discriminatory pricing on products and services. It is estimated the pink tax costs the average woman $1,300 per year.

- Women are only in 24% of parliamentary seats worldwide.

These issues also exist here in the United States. The National Coalition Against Domestic Violence reports that one in three women experience physical violence by an intimate partner.

According to the Pew Research Center, women earned 84% of what men earned in 2020. These issues affect us all.

On Tuesday, March 8th, join us in celebrating the accomplishments of women and join the call to action to end inequality for women everywhere.

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

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March 2022

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guest attorney

The Florida Legislature’s Trend in Preemption of Local Regulation Perspective of a Local Government Attorney by joseph a. adams, esq. and amanda l. swindle, esq.

“

T

he strength of free peoples resides in the local community.

Local institutions are to liberty what primary schools are to science; they put it within the people’s reach; they teach people to appreciate its peaceful enjoyment and accustom them to make use of it. Without local institutions a nation may give itself a free government, but it has not got the spirit of liberty.” (Alexis de Tocqueville- Democracy in America) These were de Tocqueville’s thoughts on local government in observing American democracy. The idea that local bodies know their citizens’ needs better than a distant and centralized federal or state government has deep roots in American history. Florida formally adopted this concept in a revision to the state’s Constitution over 50 years ago, providing local governments with “home rule” authority to enact ordinances and regulations for any public purpose, unless preempted by the legislature. (Article VIII s 1 Fla. Const. 1968 Rev.) The Florida Legislature’s number of preemption bills has certainly ramped up in recent years.

As of the writing of this article, there were 43 active bills including some kind of preemption language during the 2022 legislative session.

The passage of a preemption bill inevitably leads to difficult legal and political issues the local government needs to resolve.

First, local governments must determine the extent to which a subject matter is being preempted to the state. Express preemption is accomplished where a statute explicitly states a particular subject matter is preempted by state law. Implied preemption is recognized where the state legislative scheme of regulation is so

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encompassing that any local legislation on the subject matter would present a conflict with state law. The legislature’s preemption bills frequently fail to consider numerous unintended consequences of the new law. Florida consists of 66 counties, 412 cities, towns, and villages, and over 1,000 special districts, each with its own local issues and concerns. On the other hand, there are circumstances where one unified statewide regulation is preferred, such as the regulation of firearms and ammunition.

Following the passage of a preemption bill, local governments must pass, amend, or repeal ordinances to be consistent with state law. The local legislative action necessary to comply with a preemption bill usually leads to frustrated citizens who do not understand why they can no longer rely on their locally elected politicians to address important issues within their community.

Below are just a few examples of recently enacted preemption bills from the Florida Legislature, and some of the local issues those bills have created.

HB 693/SB 1000 (2019) – COMMUNICATION SERVICES: This bill has created issues for local DOT permitting departments, which must retain enough staff to meet the permit review deadlines, but are not permitted to charge applicants any fees associated with this function.

Additionally, the inability to deny a permit for a new facility when that facility could be co-located on an existing utility pole has led to public complaints about crowding of the rights-of-way.

HB 1193/SB 474 (2020) – Deregulation of Professions and Occupations:

LeeBar.org

While this bill includes a laundry list of professions where regulation has now been preempted to the state, one aspect of this bill that has created significant local concern is the preemption of mobile food vendors under newly enacted Florida Statutes Section 509.102. The statutory language is vague regarding the extent of the preemption, and many in the brick and mortar restaurant industry have expressed the belief it creates a double-standard for their competitors.

While there are certainly areas where citizens may benefit from uniform, statewide regulations, there are many areas that are better dealt with at the local level, where citizens have access to local politicians and the local decision-making process through town hall, board, and city council meetings. The road to lobbying representatives in the capital for legislative change is much more cumbersome. When a preemption bill fails to adequately address the myriad of issues that arise, some of which are unique to a particular locality, it’s all the more difficult to address those issues on a state level.

Joseph A. Adams is an Assistant County Attorney at the Lee County Attorney’s Office.

Joe received his J.D. with a Certificate in Environmental and Land Use Law from the University of Florida Levin College of Law in 2016 and has focused his practice in local government and land use law since that time.

Amanda L. Swindle is a Senior Assistant County Attorney at the Lee County Attorney’s Office. Amanda received her J.D. from the Florida State University College of Law in 2010 and her LL.M. in Taxation from the University of Florida Levin College of Law Graduate Tax Program in 2011. She is certified by the Florida Bar as an expert in City, County, and Local Government Law.

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The Crawdads by the honorable robert branning and tom smoot, iii, esq.

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arch is again time for the Lee County Bar Association to enjoy savory BBQ and spicy crawdads.

In relished anticipation, the Res Gestae reached out to the Honorable Robert Branning and Attorney Tom Smoot to reflect on the history and tradition of the Bench Bar-B-Q and Shrimp Boil.

Tom Smoot

The LCBA has an ancient tradition of annual feasts.

Accounts have been banished to oral tradition, our earliest information coming from those who returned from the Second World War to study law and join the Bar in the late 1940s. The late Frank Pavese returned from conquering Axis forces in Sicily (a separate story) and went to law school. He recounted that one of his earliest tasks as a lawyer was to organize the annual “Hogwaller.”

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LeeBar.org

Hogwaller took place at the Orange River home of attorney and former state representative Norwood Strayhorn, a dean of the Bar. Then the Bar’s youngest lawyer, Pavese was instructed to inform Sheriff Snag Thompson of the date chosen for Hogwaller. Sheriff Thompson would handle everything else: liquor, steaks, and more liquor. Hogwaller lasted the better part of an afternoon and evening. It was an all-male event.

There were no female Bar members in the 40s and 50s, and it was not the type of gathering to which one would ever consider bringing a date. The steaks were cooked over hot-burning orange and myrtle, and not for very long. The fire was managed by attorney and then-sitting state representative Walter Sheppard, who just years before had been with first squadron to spot the survivors of the Indianapolis. At the end of the evening, Sheriff Thompson, the consummate politician, led the guests safely home in a slow-speed caravan of partied-out drivers.

2012 - Tom Smoot, Jr. (right)

Hogwaller ultimately gave way to the times. By the 1960s, the newly formed Second District Court of Appeal sent its panel of judges to Lee County once or

s Sing Again in March twice a year, and it was the Bar’s duty to entertain them. Strayhorn appointed another dean of the Bar, Frank Alderman, Jr. (Bar Admission: 1933) to host the travelling jurists at his home in North Fort Myers. It was still a men’s club, and the steaks were still cooked by “The Greatest Generation”. Alderman was known to be fond of Apple Brandy, but not too much.

At about 7:30 PM, he would routinely repeat his welcome to the visiting judges, confirm his liquor cabinet was there to be enjoyed by all, and head up the stairs to bed. His son, Frank Alderman III, however, did not usually turn in at dark.

The style in which the Second District was hosted evolved with the times. The men’s club has become a co-ed Bar, drinking has given way to polite manners, and steaks yielded to pork barbeque which has yielded to shrimp.

From an Article In the Summer 2012 Issue of “The Circuit Times”

It was in 1986 when Judge Lundy was a practicing attorney with the law firm of Henderson Franklin, that he was first asked to be the “grill master” at the LCBA barbeque honoring the judges of the Second District Court of Appeals. Another attorney had been doing it when Jack Lundy took over the grill. His reign ended when Jack Lundy became Judge Jack Lundy in 1997.

Three years ago Judge Lundy was brought out of retirement to judge (the first year) and then cook at a LCBA outing to honor retiring judges Rad Sturgis and Thomas Reese. Again, this year on March 31st Judge Lundy marinated and slow cooked ribs, beef and chicken at a barbeque in honor of soon-to-be retiring judges James Seals (Lee) and Franklin Baker (Collier).

According to Judge Lundy creating his masterpieces takes a lot of time; it took 2 and 1/2 hours just to cut the ribs. He was up at 4am to start the fire which he tended to all day long. He seasoned the meat with his special home-made dry rubs before placing them over the fire to cook. The slabs of beef slow cooked for almost 10 hours!

Judge Robert Branning

2012 - Judge Lundy

Long praised for his BBQ ribs, (Judge Jack) Lundy has stoked the fires of many a barbeque to create succulent ribs, beef and chicken at the Lee County Bar Association Annual BBQ.

“‘What d’ya mean, where the crawdads sing? Ma used to say that.’ Kya remembered Ma always encouraging her to explore the marsh: ‘Go as far as you can – way out yonder where the crawdads sing.’ Tate said, ‘Just means far in the bush where critters are wild, still behaving like critters.‘” “Where the Crawdads Sing” by Delia Owens Where do the crawdads sing? Lee County, that’s where. In February 2016, my recollection is I got a panicked phone March 2022

2016 - Judge Branning and Jerry Von Gruben call from then LCBA President Scott Atwood. I’m paraphrasing, but it went something like this: “Help us, Judge Branning. You’re our only hope.” Well, who am I, if not a humble servant of the law and extra-spicy mudbugs?

We discussed the plan to have the Boil on Lovers Key in mid-March, a time when the weather usually cooperates and everyone is ready to relax. Jerry Von “I use Cajun spice as salt” Gruben, Atwood, and I hatched a plan to get the necessary shrimp and supplies down to the gazebo at Lovers Key. A couple of burners didn’t catch, and my attempt to have an electric pot for sausage and vegetables as a backup was more or less a dismal failure.

Jerry, though, ever the culinary artist, managed to see us through and put on a spread that seemed to excite everyone. In all candor, it’s one of the best we’ve ever had – maybe because it was new, but also maybe because we knew there was no going back.

From there, the Boil has gone through some refinement, and while the venue has changed, Von Gruben and I have gotten it down to a science.

He’s an absolute pro when it comes to dialing in the right amount of spice, and each spring we fall into a groove of preparation. Pots are scrubbed, propane tanks are filled, and knives RES GESTAE

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2018 - Judge Branning, Judge Sturgis, Jerry Von Gruben and John Webb

2019 - Jerry Von Gruben, Judge Branning and Judge Lundy

2017 - Jerry Von Gruben and Judge Branning

are sharpened. A little corn, a few potatoes, and enough spice to make you think your eyeballs are melting… these are our guidelines. Wear clothing you’re prepared to throw away or burn because you will get juice, or something, splattered over your once-pristine shirt.

At the same time, if you show up wearing a plastic bib, prepare to be ruthlessly mocked. Table manners don’t exist at a crawfish boil. (Again, you’re all covered in sticky juices and guts and who knows what else.) But in addition to those

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unique sights, be prepared to hear a lot of grunting and slurping sounds. (I’m looking at you, John Webb.)

Personally, I don’t think the Boil should ever be missed. I’m not afraid to say it; you haven’t truly lived until you’ve gotten your hands dirty with shrimp and crawfish parts. It’s an endlessly enjoyable social gathering that, much like the cooking itself, is not to be rushed but to be enjoyed with family and friends.

So, come on by and visit; we’ll have the newspaper spread out on the tables, the lawn chairs set up, and we can begin the

LeeBar.org

2019 - Jerry Von Gruben, Judge Branning and John Webb

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March 2022

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special feature

FLORIDA SUPREME COURT CONSIDERS ALLOWING FLORIDA REGISTERED PARAa LEGALS TO PROVIDE LIMITED LEGAL SERVICES

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by keith grossman, esq.

any legal jurisdictions in the United States are tackling the “access to justice” problem by questioning the way things have always been done. There have been discussions, and even pilot programs implemented, allowing for changes like nonlawyer ownership of law firms, fee sharing with nonlawyers and expansion of allowed paralegal services.

It’s been reported low-income Americans receive inadequate or no professional legal help for 86% of the civil legal problems they face annually. It’s also been reported that 75% or more of the civil cases they handle involving divorce, custody, child support, guardianship, housing and consumer issues involve at least one self-represented litigant.

Last year, the Florida Bar’s Special Committee to Improve the Delivery of Legal Services issued a report with the observation that access to affordable legal services is a critical problem.

The report contained proposals that included allowing broader involvement of nonlawyers and expanding paralegal services. Specific to the expansion of paralegal services, the committee

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proposed approving a pilot program allowing Florida Registered Paralegals to provide limited legal services in specific areas and within a law office.

In December 2021, the Florida Bar Board of Governors rejected most of the proposals contained in the report. They voted, however, to allow a limited pilot program to utilize Florida Registered Paralegals in a more expanded way.

This limited pilot program would be conducted within an existing legal aid organization and would limit the paralegals’ activities to residential landlord/tenant law on behalf of the tenant, and debt collection defense.

The ultimate decision as to the recommendations contained in the report will be made by the Florida Supreme Court. At the time of this article, it is unclear how the Supreme Court will proceed.

Other states, however, have acted allowing nonlawyer professionals to provide limited legal tasks. It is perceived the changes will lower the cost of legal services to the public. The nonlawyer professionals can provide a middleground service by performing legal LeeBar.org

work that may not be cost-effective for an attorney and may also be too complicated for an individual to tackle on their own. Arguably, it is the same distinction that exists between doctors and nurse practitioners.

utah The Utah Supreme Court approved a program for Licensed Paralegal Practitioners (LPP) to practice in specific areas of law without direct involvement or supervision of an attorney. LPPs are mid-level advocates between administrative paralegals and attorneys.

They handle cases involving family law, debt collection and landlord-tenant disputes and are licensed to file court documents and serve as mediators. They do not handle criminal cases or appear in court.

Utah Supreme Court Justice Constandinos “Deno” Himonas, who is retiring from the bench this month (March 22), heard economist Gillian Hadfield speak at a May 2018 conference about how modernizing the way the legal industry is regulated could increase access to justice, and he was immediately intrigued. Along with assistance from

in certain instances but not jury trials.

Family law, housing, consumer debt, employment/income maintenance and collateral criminal would be among the practice areas in which the paraprofessionals could work, according to the proposal.

The paraprofessionals would have to meet eligibility, educational and experiential training requirements; pass practice area-specific exams; and receive a positive moral character determination before securing a license. To be eligible to apply for licensure, a paraprofessional would need to have obtained a JD or an LLM, or be a qualified paralegal or legal document assistant as defined by state law.

the then-president of the Utah State Bar, John Lund, the Utah Supreme Court was presented with other significant regulatory reforms in 2020, which they approved as a two-year pilot project.

Arizona In Arizona, the Supreme Court’s Board of Nonlawyer Legal Service Providers started licensing legal paraprofessionals in November 2021. These paraprofessionals offer limited services without the supervision of an attorney. The limited areas of practice include family law, limited jurisdiction civil, limited jurisdiction criminal and administrative law. Before applying for a license, individuals must pass a core exam and an exam for their specific practice area.

California In January 2020, the California State Bar’s Board of Trustees directed formation of a California Paraprofessional Program Working Group. The working group submitted its final report and recommendations to the Board in September 2021. A public comment period concluded on January 12, 2022.

Under the plan, paraprofessionals would be allowed to represent parties in court

The working group recommended a phased-in implementation approach in which paraprofessionals would be restricted to practicing in certain practice areas and geographic regions. The first eligible practice areas would be family, housing and collateral criminal matters.

Oregon The Oregon Supreme Court is currently considering a proposal that would allow trained, licensed paralegals to provide limited legal services in family law and landlord/tenant cases. Kirsten Thompson, a senior circuit court judge in Oregon and the Chair of the Paraprofessional Licensing Implementation Committee for the Oregon State Bar explains, “Highly experienced paralegals would be able to seek licensure. They would have to have practiced in the area as a paralegal: at least 500 hours of their experience would need to be in family law; 250 hours in landlord tenant law; and 1500 hours in total, at least, to seek licensure. They would need to complete certain topics of continuing legal education. So, 20 hours of specific training. And then they would need to go through a character and fitness application, as attorneys do at this point, prior to licensure.”

Other states that are possibly exploring

March 2022

similar programs as outlined above include Colorado, Illinois, Nevada, New Mexico, and New York.

Washington was actually the first state in the country to offer a program licensing a nonlawyer professional, and it was only available in family law. An individual could become a limited licensed legal technician known as a TripleLT. Christy Carpenter holds one of those licenses, and she says, “I can’t go and speak for a client before the court. But I prepare my clients well. I prepare talking points.

And I think that educating the clients is something that they don’t normally get if they’re represented by an attorney.

So, I feel like they are more empowered to know where their case is going really because you know, we TripleLTs provide the law to the client, they explain the forms and I think that maybe that’s not often done by attorneys. They simply just do the work and maybe [don’t] explain it as much, but we have limited scope. We have to prepare our clients to go forward on their own in court. And so, I think we do a very good job of that.”

The Washington Supreme Court did sunset the program in June 2020, citing cost concerns and an apparent lack of applicant interest. However, since June 2020, the Washington Supreme Court has decided to allow as many TripleLT candidates as possible to complete all licensing and admission requirements by a July 31, 2022, deadline. All TripleLTs already licensed and any new ones who meet the deadline to be licensed will continue to be licensed after the sunset.

Carpenter says there were about 66 active TripleLTs and 200-300 potential TripleLTs working towards licensure when the program was sunsetted.

With the support of the Florida Bar Board of Governors and information gained from other states’ experiences, the Florida Supreme Court will now decide whether to allow Florida Registered Paralegals to provide limited legal services.

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past president q&a

Smoot's roots suit his route Like everywhere, Smoot notes, Lee County is seeing an increase in population, which necessarily means more attorneys are practicing in our area. This takes the form of not only new attorneys who individually relocate here, but also an increase in satellite offices. One of the future challenges he sees is sustaining socialization and camaraderie by blending the newer practices with those which are fixtures in the legal community.

by colby keefe, esq.

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hile Tom Smoot, III’s roots run deep in Fort Myers, they run even deeper in Florida at large.

“Six generations in southern Florida,” he recounts. “At this point, I think we’re practically indigenous.”

Smoot has been a member of the Lee County Bar Association for about 30 years, joining as a member when he started practicing law in 1991. He served as the president of LCBA in 2006. The role of president was another item added onto his plate; his presidential term coincided with his year as president of the Edison Festival of Lights. Despite juggling multiple roles, Smoot was able to accomplish an impressive schedule of events and initiatives, and made it clear this was not a solo effort. As he recounted LCBA’s accomplishments during his term, he stopped himself at one point to credit the collaborative Board of Directors: “Of course, if I say ‘I’, it means ‘we.’ It is a full executive

26 RES GESTAE

committee that’s working together and serving the membership.”

As a second-generation attorney in Fort Myers, he remembers what he called the “personal capital” that helped him rally attendance at LCBA events during his term.

“I was on the phone calling people before every meeting and every event,” he recalls.

“Part of the fun was seeing ‘new but old’ faces at the events – attorneys who have been practicing for years but that you hadn’t seen in a while.”

“An essential part of the Bar is the socialization and camaraderie,” he said.

Expanding and encouraging the Practice Sections of LCBA encouraged that meaningful socialization among members.

While the interest and involvement in Practice Sections ebbed and flowed in the years leading up to his term, Smoot recalls his executive committee reignited those efforts and expanded the number of Sections to serve additional practice areas.

LeeBar.org

A potential solution to this hurdle is emphasizing involvement not only in the LCBA, but in Practice Sections. As Smoot aptly explains it: “Smaller groups foster familiarity, improving the relationships among lawyers. In the end, that’s what it is really about. Lawyers need good personal relationships with one another so that they’re able to see a person on the other side of an email.”

As an attorney who is new to Lee County myself, I found my conversation with Smoot reassuring. With a career spanning over thirty years, he is perhaps becoming one of those “new, old faces” in LCBA, and is cognizant of the role he and others can play in helping bridge the gap between the seasoned and new members of the Lee County legal community.

Colby Keefe practices as a real estate attorney at Henderson Franklin Starnes & Holt, P.A. Her practice is focused in community association law, both residential and commercial. She is a member of LCBA and also serves on the Board of Directors of the Lee County Association for Women Lawyers.

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legal lens On January 21, the LCBA held their Swearing-In Luncheon at the Burroughs Home and Gardens.

CopyLady sponsored the event.

The LCBA incoming President Tiffany Pereira, Executive Council, Foundation and Young Lawyers Division boards were sworn in by the Honorable Josephine Gagliardi.

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Hon. Josephine Gagliardi, Tiffany Pereira Travis Russell , Tiffany Pereira Hon. Kathy Smith, Ita Neymotin, Liza King Dan Detrick, Cynthia Duff John Webb, Blake Hampton Tiffany Pereira, Blake Hampton Michael Healy, Shirlarian Williams John Miller, Travis Russell, Hon. Kathy Smith, Tiffany Pereira, Blake Hampton, Andrea Pleimling Smith Tiffany Pereira, Lauren Baugh Hon. Tara Paluck, Hon. Devin George Shannon Puopolo, Hon. Kimberly Davis Bocelli Chené Thompson, Hon. Nick Thompson Ian Schmoyer, Tiffany Pereira Hon. Josephine Gagliardi John Potanovic, Vicki Sproat, Kati Cook, Suzanne Boy, John Miller Michael Anthony Pica, Jennifer Gutmore, Kati Cook Tiffany with family Travis Russell, Kati Cook, Casey Gartland David Seitz, Hon. Kathy Smith, John Webb, Shannon Puopolo, Kristalyn Loson Atwood, Chené Thompson Indera DeMine, Paul Thomas

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Photos courtesy of Jim Jett Photography

For more pics, check out the gallery at LeeBar.org

legal lens xx

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the dish

Cristof's offers a small town feel with a big city taste by lauren baugh

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magine a TV show where everyone knows each other, and the town has a center. And in that center is a restaurant. And that restaurant happens to be an old home on one of the most revered streets in that town.

satisfied. You can sit outside and enjoy our beautiful weather, or you can sit inside and feel as if you are in your friend’s dining room – either way, you cannot go wrong.

When talking about “the center” of Fort Myers, that can be broad term. In my world, though, “the center” happens to be on McGregor and Royal Palm. McGregor Boulevard is a beautiful drive to take anywhere (when it is not peak season and traffic overwhelms you). You drive from downtown Fort Myers to near Fort Myers Beach alongside the many beautiful homes, as well as the palm trees that Tootie McGregor insisted be planted all the way down McGregor.

The LCBA has held several parties at Cristof’s. Sadly, I have only been able to enjoy the pictures because I was not with the LCBA at those times. I have attended many lunch meetings and board dinners at Cristof’s, and they have been amazing. Small town feel with hometown taste.

In addition to the Alliance for the Arts (did I mention our Bench Bar B-Q and Shrimp Boil will be there on March 26th?!) and the Fort Myers YMCA, there is another landmark: Cristof’s on McGregor. It is an old house that was remodeled into one of the coolest local dining spots.

When I am setting up a lunch meeting, I most often hear, “Let’s go to Cristof's”, and I often respond, “Yummy!”. Driving by Cristof’s during lunch or the dinner rush will leave you intrigued, as it is always busy.

Parking is sparse, but the restaurant is worth it.

Each time I go, I run into several people I know both personally and professionally. On this day, I walk in to meet my party. In the back room, just before the bar area, who do I run into? City of Fort Myers Mayor Kevin Anderson. Who, by the way, took the time to say a Mayoral “Hello”.

Whether it is a birthday dinner with friends, a date night with your significant other, or just lunch, you will be

30 RES GESTAE

It does help my adoration for Cristof’s that I am often at the neighboring YMCA picking up my daughter after school. It is quite convenient to go to Cristof’s, and even my daughter loves it there. I should mention they have delicious chicken fingers.

My restaurant companions and I usually agree that when one goes to Cristof’s for lunch, one must get the chicken salad plate. The restaurant also has several dinner specials nightly. Normally, this includes a unique fish dish, a delicious steak served with some variety of yummy sauce and a pasta with all kinds of seasonal options. I am a creature of habit and often lean towards the shrimp and grits, as that is a favorite of mine at many places. At Cristof’s, they provide a huge portion, so I am sure to get my money’s worth and make at least two meals out of it.

All the food at Cristof’s is as unique as the location. The service is always wonderful, and, like most places in the South, the tea is sweet. If you have a client in from another area or family and friends visiting, take them there. None of you will regret it!

LeeBar.org

Cristof Danzi (pictured left) is the owner of Cristofs on McGregor a neighborhood eatery located in Fort Myers Florida. Born in Sicily and receiving culinary training in Italy, France, England and Bahrain, Cristof was inspired by his father.

With a Mediterranean influence and a passion for seafood, local art, aged beef and classic pasta dishes Cristof's lives up the hype with his amazing food and outside seating.

10231 McGregor Blvd.

Fort Myers, FL 33919 cristofsonmcgregor.com Phone: (239) 791-8473 Monday - Saturday 11 a.m. - 8:30 p.m.

Sunday 10 a.m. - 8:30 p.m.

Happy Hour 3 - 4:30 p.m. daily Pictured (top - clockwise): Cristof Danzi, owner and chef; Fresh Tuna blackened tuna steak served over mixed greens with edamame, a julianne of red peppers, carrots & red onions and drizzle of homemade ginger dressing; seafood special; fresh ingredients are prepared everyday; dinner special; House Burger with bacon and cheese added - premium ground Angus chuck grilled to your liking, with lettuce, tomato and onion on a toasted bun.

March 2022

Lauren Baugh is the Executive Director at Lee County Bar Association and can be reached at lauren@leebar.org.

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new members Benerita Brophy, Paralegal

Amanda Browning-Richardson

John Costello

Stacy Rick

School District of Lee County

Sanibel Captiva Trust Company

Lisa George

Lisa Curia George

City of Fort Myers Attorney’s Office Burandt, Adamski, Feichthaler & Sanchez, PLLC.

Monica Sablon

David Halverson

Monica Sablon, P.A.

Ryan Hudak

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Amanda Swindle

Becket McGinn

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LeeBar.org

xx 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. All Injuries Law Aloia, Roland, Lubell & Morgan, PLLC. Arend & Sisk, P.A. Associates & Bruce L. Scheiner, P.A. Banker, Lopez & Gassler, P.A. Boy Agnew Potanovic, PLLC. Boyle & Leonard & Anderson, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC. Calvo & Calvo, Attorneys at Law Cole Scott & Kissane, P.A. - Fort Myers Coleman & Coleman, PLC. Freidin & Inglis, P.A. Garvin Law Firm Geraghty, Dougherty, Edwards & Stockman, P.A.

Goldberg|Noone|Abraham Personal Injury Atttorneys Goldstein, Buckley, Cechman, Rice & Purtz, P.A. GrayRobinson, P.A. Green, Schoenfeld & Kyle, LLP Hahn, Loeser & Parks, LLP John Webb Legal Group, P.L. Kagan Law Firm 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. Light Path Law, P.A. Men's Rights Law Firm

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

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March 2022

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member spotlight

Diego Gil, Esq.

1. I have been a DJ since I was 13, and you can still mostly find me at wedding venues on the weekends.

2. I was deployed TWICE to Guantanamo Bay, Cuba as part of Joint Task Force Guantanamo (JTF-GTMO) Detainee Operations in support of Operation Enduring Freedom.

3. My passion is helping veterans, and I currently sit on the Board of Directors for Wounded Warriors of Collier County. I have done so since 2019.

4. Two days after taking the Bar Exam, I traveled to Spain, South of France, Monaco, Italy, Switzerland, Paris, and London to decompress; however, it was on a bus, so I might not have decompressed as much as I wanted.

5. I have three amazing, not so little, boys. Two of them are in high school (where I coach wrestling), and my youngest will finish middle school next year.

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ALOIA ROLAND CONTINUES TO EXPAND AND SERVE THE COMMUNITY Originally established in 2005 by Frank Aloia Jr. and Ty Roland, the co-founders could not have imagined what Aloia Roland would become today. At its inception, the firm primarily focused on serving clients with business and personal injury needs. Today, Aloia Roland caters to a range of client services including litigation, personal injury and wrongful death, real estate litigation, construction litigation, business law, family law and estate planning and probate, and civil litigation.

With a reputation for excellence in the courtroom, Evan Lubell joined the practice as a full partner in 2011.

As a united force, Roland and Lubell’s performance resulted in stunning trial victories for victims of serious personal injury and wrongful death. In 2017, Roland and Lubell won the No. 1 Premise Liability Verdict in Florida. The Estate of Dominguez v. Florida Power & Light Co. case was fought and won after the Dominguez family lost their 15-year-oldson who was electrocuted while climbing bamboo near power lines.

By 2016, a rising star in the legal field, Danielle Levy Seitz joined Aloia Roland, built the family law practice from the ground up, and within five years, Levy

Seitz would become the firm’s first female partner. As the business litigation practice grew, powerhouse trial attorney, Jack Morgan joined the firm in 2017 as senior partner. His leadership and expertise helped take the firm to the next level. Morgan’s experience is as vast as his client base, which ranges from multinational corporations to local and regional businesses, contractors, real estate developers, universities, entertainers, and professional athletes.

In 2019, Aloia Roland decided to permanently place its roots in downtown Fort Myers. The firm transformed the historic Fohl’s Hardware store, located at 2222 Second Street, contributing to the changing face of downtown Fort Myers.

Completely renovated and modernized by early 2020, the firm unveiled the 6,500-square-foot building, boasting a sophisticated Florida style with stateof-the-art technology, multiple offices, meeting and gathering spaces, and a 28-space private parking lot for clients and staff. The firm’s headquarters is steps away from the Lee County Justice Center, City Hall and the United States Courthouse and Federal Building. In 2020, the firm added a Cape Coral location headed by Scott Hertz. As of March 2022

2022, Aloia Roland continues to develop a variety of new firm expansions and opportunities for growth.

At the heart of Aloia Roland’s mission is service to the community. Next month, on Saturday April 23, the firm will support MADD SWFL’s Fish Like MADD tournament. The 2021 event was hosted in the honor of Dylan Gonzalez, who died tragically when struck by an impaired captain in June 2016. Established to create more awareness of the rise in boating under the influence (BUI) accidents, the inaugural tournament raised more than $10,000 to continue its mission.

Aloia Roland serves a variety of other organizations dedicated to exceptional service including Community Cooperative, Edison-Ford Winter Estates, Rotary, the Zach Martin Memorial Foundation, Valerie’s House, and the Alliance for the Arts.

Lean more about Aloia Roland at LawDefined.com.

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sponsor spotlight

Connie Ramos-Williams (CONRIC pr + marketing)

1. In 2000, I played a casual round of golf each week with friends. As a relatively new golfer, I managed to make a hole-in-one on the closest-to-the-pin hole in my first-ever charity golf tournament. It’s a moment I will never forget!

2. I am a huge Jimmy Buffett fan and saw him perform in New Orleans. After his concert, I went to Chef Emeril Lagasse’s NOLA restaurant. As I sat daydreaming about the concert and wishing I had a chance to meet him in person, I felt an arm over my shoulder and heard a voice asking the bartender for a bottle of his best red. I was starstuck to see it was Jimmy Buffett. We shared appetizers, wine and great conversation.

3. I wanted to grow up to be a singer and songwriter and used to write sappy love songs and poetry.

4. In 1999, I founded my first business, Southwest Florida Parent & Child magazine, out of my passion for children, family and community. I sold it to Gannett in 2004.

5. I became the publisher of the Res Gestae magazine in 2011, the year Drew Epstein served as president and Nanci Dubois as executive director. I am honored to continue to serve the organization and its members.

Mediation. Arbitration.

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Board Certified in Civil Trial Law by The Florida Bar Represented Plaintiffs and Defendants Former Plaintiff-side Personal Injury Attorney Former Medical Malpractice Defense Attorney Southwest Florida Resident Since 2005

Chad T. Brazzeal, Esquire

Chad@BrazzealMediation.com

Office in Collier County, Florida

(239) 821-0069

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BrazzealMediation.com LeeBar.org

Schedule Online

Partners in precision.

Like gem cutting, precision is necessary to try medical malpractice cases to their fullest potential. If you’ve discovered a precious stone but lack the tools to handle it with care, our medical malpractice specialists help you achieve its highest value. Let’s work together to perfect your gem for the best outcome possible.

For co-counseling opportunities with our firm, call us at (877) 644-5122.

March 2022

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in the news Aloia, Roland, Lubell & Morgan, PLLC has gained national recognition, ranking in the 2022 U.S. News – Best Lawyers® “Best Law Firms” Construction Litigation. Firms included in the list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving tiered ranking signals a unique combination of quality law practice and breadth of legal expertise. For the second year, Frank Aloia Jr. was awarded The Best Lawyers® distinction for Construction Litigation.

Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that stockholder Christina M. O’Brien has been named chair of the Divorce, Marital and Family Law Department. O’Brien concentrates her entire practice in the family law arena. More specifically, she handles divorce and dissolution of marriage, custody, paternity, child support, domestic violence injunctions, post-judgment modifications and dependency issues. In 2020 and 2021, Naples Illustrated magazine named O’Brien to their “Top Lawyers” list for her work in Family Law.

Pavese Law is pleased to announce attorney Justin B. Mazzara has been named a partner. Mazzara focuses his practice in the areas of complex business and commercial litigation involving real property, contractual disputes, construction, governmental affairs, partnership/shareholder disputes and employment/noncompete agreements. Mazzara was named a “Rising Star” by Florida Super Lawyers magazine in 2021.

Mazzara graduated cum laude from the University of Florida Levin College of Law with his Juris Doctor.

Pavese Law is pleased to announce attorney Michael P. Lehnert has been named a partner. Lehnert concentrates his practice in the area of real estate law, including assisting property owners, lenders, and developers with commercial and residential development, acquisitions, financing, title and leasing. Lehnert’s experience includes representation of a multi-state developer in the development, financing, leasing and sale of over 100 stores. In 2020, Florida Super Lawyers named Michael a “Rising Star” in the field of Real Estate.

Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that stockholder Shannon M. Puopolo has been elected President of the Lee County Bar Association Foundation. Puopolo has chaired LCBA’s Annual Charity Golf Tournament, raising over $100,000 to fund grants to local charities. Puopolo represents companies and financial institutions involved in complex trial and appellate matters including alternative finance transactions, partnership disputes, real estate litigation, creditors’ rights in bankruptcy and collection matters, and trust litigation.

John Woolslair Sheppard passed away on February 4, 2022. Sheppard was a third generation Lee County Native. Sheppard graduated from Fort Myers High School in 1950. He then secured a Bachelor of Arts degree and a Juris Doctor degree from the University of Florida. Following two and a half years of active military duty, Sheppard returned to Fort Myers and followed in the footsteps of his father and uncle, joining the law firm of Sheppard & Woolslair. Sheppard served various positions and offices of the Lee County Bar, including as President. Craig Hersch, the current senior partner of Sheppard Law Firm, calls Sheppard a “local legend”. Hersch says, “(Sheppard) and his wife, Ellen, transformed our community through altruism, philanthropy (he was a founding father of the Southwest Florida Community Foundation), and faith. They donated the chapel at Golisano Children’s Hospital and supplied thousands of teddy bears to hospitalized children over several decades. He held the Guinness Book of World Records for donating blood, over 47 gallons at the time of his passing. He served on FGCU’s Planned Giving Council, and taught Sunday school as a deacon in his church. Having lost a son to suicide, he counseled countless parents who lost children.”

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LeeBar.org

Aloia new ad

Our Dedicated Service Defines Us. Aloia, Roland, Lubell & Morgan, PLLC is proud to support the second annual Fish Like MADD Tournament in honor of Dylan Gonzalez.

Saturday, April 23 starting at 7 a.m. on the waters within Lee County To register: madd.org/fishlikemadd

“ Our personal injury team sees tragic DUI and BUI accidents often. We believe wholeheartedly in MADD SWFL’s mission.

Our goal is to elevate awareness of the organization’s advocacy work from the highways to the waterways.

We challenge you to join in the fun while helping those who have been affected and need ongoing support. ”

Ty Roland, Senior Partner Aloia, Roland, Lubell & Morgan

Headquartered at 2222 Second Street + Fort Myers, 33901 + 239-791-7950 + LawDefined.com March Florida 2022 RES GESTAE

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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

LeeBar.org

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