UNMASKING COVID-19 Legal community goes virtual
YLD ON LOCKDOWN
Sharing the "new normal"
THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • MAY 2020
contents on the cover
20
ad directory
Coronavirus creates a new reality for legal community Tom Hayden
Cover: original composite image by April Bordeaux
guest attorney
26
20
Chapter 415: A sword, shield for abused, neglected Baker Acted adults Dennis L. Webb, Esq.
special feature
28
Managing your firm's cybersecurity during a pandemic
24
James Ritter
departments
34 5 Things You Don't Know
6 Letter from the President
Matt Roepstorff, Esq.
8 Letter from the Executive Director
Lauren Baugh
10 Calendar of Events 12 Ethically Speaking
About Me
Honorable Mary Evans
36 5 Things You Don't Know
About Me
Chris Smith, Esq. & Andrea Pleimling Smith, Esq.
37 100 Club 38 In The News
Henry Lee Paul, Esq.
14 Practice Section
Alma B Photography 11 Barbara Pizzolato 37 Bounds Law Group 9 Boy, Agnew, Potanovic 7 Brad Jessen, Edward Jones 25 Business Observer 35 Calvo & Calvo Attorneys at Law 9 CONRIC PR & Marketing 29 CopyLady IFC DeMine Immigration Law Firm 11 Denise Kennedy 27 Direct Impressions 35 Donna Tisch 34 Edison National Bank BC Henderson, Franklin, Starnes & Holt, P.A. 19 Hurtado Immigration Law Firm IBC Knott • Ebelini • Hart 38 Law Firm of Scott T. Moorey 19 Law Offices of Dennis L. Webb 33 Law Offices of Dennis L. Webb,Justin Hales, Esq. 9 Leonard P. Reina 15 Livingston Loeffler, P.A. 13 Markham Norton Mosteller Wright & Company PA 33 McHale, P.A. 19 McHale Properties Co. 38 Men's Rights Law Firm 15 Musca Law Office, Inc. 3 Pulse Technology Solutions 31 REAS, Real Estate Advisory Services, LLC 15 Roetzel & Andress 25 Sexto Productions 35 Sheldon E. Finman, P.A. 32 Spivey Law Firm Personal Injury Attorneys, P.A. 5 Sproat Workplace Investigations 36 Steve Niehaus, Edison Business Advisors 27 Stockman Mediation 13 The North Law Firm, P.A. 13 Wright Mediation 25
Alternative Dispute Resolution
16 YLD Spotlight
Tiffany Pereira, Esq.
Our advertisers support the Lee County Bar Association.
24 Legal Lens
LCAWL Blanket Social
30 The Dish
MAKS Asian Kitchen & Sushi
32 New Members
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Leebar.org
Please do your best to support them.
Maximum Referral Fees Paid
Automobile Accidents Motorcycle Accidents Truck Accidents Victims of Drunk Drivers Slip & Fall Accidents Wrongful Death
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 Uncertainty. I can think of no better word to better describe our current environment. Are we taking the right safety measures? Are we doing enough to protect our loved ones and those most vulnerable? When will this pandemic subside? Will the economy and our local businesses recover; and if so, how quickly? When you boil down the role of an attorney to its simplest form, our job is to limit and, when possible, remove uncertainty from our clients' lives. Yes, we advise on legal rights and obligations. We provide guidance on laws, statutes and regulations which govern our daily lives. Yet, all those activities are for the purpose of limiting the uncertainty that our clients face and enabling them to make the most informed and prudent decisions on how to conduct their affairs. The challenge of removing uncertainty is now more daunting than ever.
LEE COUNTY BAR ASSOCIATION administration
Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo
executive council
TREASURER
Tiffany Pereira, Esq.
Spencer Cordell, Esq. Peter Knize, Esq.
Michael-Anthony Pica, Esq. John Miller, Esq.
committee chairs
practice section chairs
BENCH-BAR GALA
ALTERNATIVE DISPUTE RESOLUTION
Danielle Butler, Esq. DIVERSITY AND INCLUSION
Ita Neymotin, Esq. and Kelly L. Fayer, Esq. HEALTH AND WELLNESS
John Miller, Esq. and Joel Hyatt, Esq. HISTORY
Jenna Persons, Esq. and E. Bruce Strayhorn, Esq. LAW RELATED EDUCATION
T. Rankin Terry, Esq. LAW WEEK
Hon. John S. Carlin LCBA FOUNDATION CHARITY GOLF TOURNAMENT
Shannon Puopolo, Esq. and Kenneth A. Jones, Esq.
One directive remains clear, however: if you can administer and continue your practice while working from home, please do so.
MOCK TRIAL
The LCBA office will be closed and inaccessible until such time as it is deemed safe to return. Rest assured, our executive director, Lauren Baugh, will still be available via email, as will our Lawyer Referral Service. For individuals seeking legal consultations, our Lawyer Referral Service phone number will remain active.
Shaina Zuppke, Esq. and Eunice Gedeon, Esq. PRO BONO
Shanthy Balachanthiran, Esq.
We will also continue to encourage the use of virtual, digital or electronic communication for LCBA committees, practice sections and presentations. Should you have any questions or need additional resources or information, please do not hesitate to contact our executive director via email.
Anne Dalton, Esq. and Bill Merchant, Esq. APPELLATE LAW
Alex Brockmeyer, Esq. and Matthew Irwin, Esq. CRIMINAL LAW
Leah Harwood, Esq. and Kathleen Fitzgeorge, Esq. ELDER LAW
Blake Hampton, Esq. and Amy McGarry, Esq. FAMILY LAW
Christina Holly, Esq. and Malany Marquez-Kelly, Esq. GENERAL CIVIL AND BUSINESS LITIGATION
George Knott, Esq. and Carlos Kelly, Esq. IMMIGRATION LAW
Indera DeMine, Esq. and Nirupa Netram, Esq. LAND USE AND GOVERNMENTAL LAW
Erica Woods, Esq. and Sarah Spector, Esq. REAL PROPERTY, PROBATE & TRUST LAW
Kenneth Kemp, Esq., Jennifer Hammond, Esq. and Peter Knize, J.D., L.L.M. SOLO & SMALL FIRM
Conor Foley, Esq. TORT LITIGATION
Matt Roepstorff, Esq. matt.roepstorff@gray-robinson.com | 239.340.7936 RES GESTAE
VICE PRESIDENT
Blake Hampton, Esq.
BOARD MEMBERS
While the LCBA cannot provide a definitive answer to such inquiries, we have taken all available measures to disseminate the best information and resources available to guide each practitioner and firm to making the most informed and prudent decisions on how to conduct their practice.
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SECRETARY
Kathy Smith, Esq.
YLD President - Tiffany Pereira, Esq. President Emeritus - John Webb, Esq.
The Lee County Bar Association has received a wave of inquiries regarding uncertainties in the practice of law. What is a “stay at home” order? What is an exempt or “essential business or service?” Does my practice or my law firm qualify as an “essential business or service?”
We continue to emphasize the reading and careful review of all executive orders issued by the governor’s office, as well as the administrative orders of the Florida Supreme Court. Please find such documents and links on our website and Facebook page.
PRESIDENT
Matt Roepstorff, Esq.
Dawn Maselli, Esq.
Leebar.org
Your business is our business. We have proactive legal solutions for employers dealing with COVID-19 issues.
Do you have questions about how COVID-19 impacts your workplace? Are you struggling with handling employee layoffs or figuring out how to safely bring employees back to work? You’re not alone. The COVID-19 pandemic has caused an unprecedented impact on workplaces throughout Southwest Florida. The attorneys at Boy Agnew Potanovic have been helping employers sort through many issues created by this crisis. From new paid leave laws to furloughs and everything in between, we focus on identifying legal risks, then helping employers create solutions that work for their businesses.
We help answer questions like: ■ What should employers know about layoffs or furloughs? ■ What new COVID-19 laws impact the workplace? ■ When must employers offer paid leave for COVID-19 reasons? ■ Can employers require employees to work from home? ■ What should employers know before allowing employees to return to the workplace? John Agnew, Suzanne Boy, and John Potanovic
55+ Years of Combined Experience Multiple Attorneys Board Certified in Labor & Employment Law by The Florida Bar
bapfirm.com ■ 239.208.6500
4415 Metro Parkway, Suite 110 ■ Fort Myers, FL 33916
executive director's letter Each month, I write this letter to our membership, advertisers, and sponsors in hopes of letting each of you know what is happening and what is to come in and around the LCBA. These last two letters have been much harder to write as there is less focus on what is going on in the LCBA and more about what is going on in today’s reality.
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
EDITOR-IN-LAW
Tiffany Pereira, Esq.
The LCBA is what I do from around 7:30 a.m. to about 4:30 p.m. Monday through Friday, but as of late, the schedule has been much more chaotic. I am a single mother of one daughter, who is in the third grade at a Lee County Public School. It all means I wear a few more hats than I am used to.
MANAGING EDITOR Tom Hayden
CREATIVE DIRECTOR April Bordeaux
ADVERTISING DIRECTOR
Linda Fiore | 239.690.9840 Ext. 1006
Many of us with kiddos are now facing the reality of being a stay-at-home parent, a full-time employee and a full-time teacher. With technology, we are able to get our kids logged into the computer and have them meet with their class and teacher via Zoom, or something similar, and then get them logged into the virtual learning programs. This has been quite trying for me. Each program seemed to work less than the one prior and with the stress of working, moving our offices to home and maintaining our own sanity, adding the task of teaching and playing IT person is more than hard.
FEATURE WRITER Tom Hayden
CONTRIBUTING WRITERS
Matt Roepstorff, Esq. Lauren Baugh Henry Lee Paul, Esq. Tiffany Pereira, Esq. Anne Dalton, Esq. Dennis L. Webb, Esq. James Ritter Hon. Mary Evans Chris Smith, Esq. and Andrea Pleimling Smith, Esq.
We all have to lean on each other for help and this experience has taught me to take a deep breath, walk away from the computer, regroup my thoughts, then walk back in and try again. The stress, anxiety, and fear of all things COVID-19 is affecting us all – pets, kids, family, essential workers and anyone else in today’s new world. Behind the scenes of the LCBA, we are working hard to continue to plan for our future events and make them the best they can be. We are all looking forward to getting back to our normal schedule, life and so on. I have been fortunate enough to have brought on a new executive assistant, Mairelis Tamayo, who has been working with me for about two months and has caught on quickly. She is working from home but also going to the office to pick up mail, return calls and continue to run and operate the Lawyer Referral Service. She and I work very well together and I look forward to introducing her to each of you once things get back to “normal.”
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.
As we continue to get updates from various sources, we will continue to include those in the weekly “News You Can Use.” Thank you for your patience with me and Mairelis as we work through this time of uncertainty. This, too, shall pass. Lauren Baugh, Executive Director LBaugh@leebar.org | 239.334.0047 Ext. 102
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5237 Summerlin Commons Blvd., Suite 307, Fort Myers, FL 33907 239.690.9840 | ConricPR.com | info@ConricPR.com Leebar.org
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Questions? Call us at 877-644-5122, email us at information@BoundsLawGroup.com, or visit us at www.BoundsLawGroup.com. Office in Maitland
May 2020
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calendar of events Stay up to date with the latest information at LeeBar.org. Be sure to watch for announcements of new virtual events on LeeBar.org and our social media pages.
MAY scheduled
5
Pro Bono Committee Virtual CLE Meeting
Noon-1 p.m. Topic: Florida Landlord/ Tenant Law Amidst COVID-19. Speaker: Michelle Trunkett, Esq., with Florida Rural Legal Services.
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RPPTL Virtual Luncheon Meeting
Noon-1 p.m. Topic: Florida Legislative update. Speaker: Travis Hayes.
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LBCA Virtual Lunch and Learn
Noon-1 p.m. COVID-19: Issues in the Workplace presented by Boy, Agnew and Potanovic.
25
Memorial Day
LCBA and courts closed
28 Meeting
Pro Bono Committee Virtual
Noon-1 p.m. Topic: Expungent & Sealing in Florida. Speaker: Tia Huntley, Esq. with Florida Rural Legal Services.
MAY postponements
1 5 8
YLD Selling Beer at Art Walk Event YLD Cinco De Mayo and Taco Tuesday
CLE with Michelle Trunkett.
Small & Solo Firm Practice Section Breakfast CLE
Speaker: Mr. Dan Dearing of Professional Retirement Services Topic: TBD.
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LCBA Foundation Golf Tournament Save-the-Date
Event has been rescheduled for August 15, 2020 at The Forest Country Club. Details to come.
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LCBA Member Luncheon
11:30 a.m. to 1 p.m. Topic: Voting rights restoration. Panelists: Linda Doggett, Tommy Doyle and Neil Volz. Location: Sidney & Berne Davis Art Center, 2301 First St., Fort Myers.
28 Meeting
Land Use Practice Section Luncheon
TBD
MAY cancellations
1
Law Week Awards Luncheon
Sponsor: Edison National Bank.
Visit us online at LeeBar.org to see more calendar items and RSVP for upcoming events. Would you like to submit an event? Email your event submission to ResGestae@LeeBar.org.
Thank You to Our 2020 Annual Sponsors
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Leebar.org
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ethically speaking
Exercise caution on responses to negative client social media by henry lee paul, esq.
I
have often said perhaps the most important decision a lawyer can make is which clients to not represent. It can simply be a gut feeling that many lawyers wish they had listened to. There can be warning signs from a client with unrealistic expectations. It can be a client who is angry at life and the circumstances beyond their control. Even before the internet, there has always been the peril of facing unfounded negative claims by a client. However, the impact of such unfounded claims has been magnified exponentially with the growth of social media. Online reputation can dramatically impact the ability of a lawyer to obtain new clients and maintain a healthy caseload. A lawyer faces a real dilemma when confronted with a malicious review by a current or former client. I have advised many of my clients on how to deal with misleading malicious social media postings. The frequency of such issues continues to increase. Unfortunately, it is a thorny path to walk. In 2018, The Florida Bar gave a written staff ethics opinion to a lawyer who asked for guidance on how to deal with such a situation. In February 2020, the bar issued Proposed Advisory Opinion 20-1 that incorporates that written staff opinion.
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The lawyer who requested the guidance explained a client posted the lawyer “took her money and ran.” I have had clients who were confronted with far more malicious postings on almost every social media platform available. The proposed ethics opinion advised the lawyer could respond with the following posting: “A lawyer’s duty to keep client confidences has few exceptions and in an abundance of caution I do not feel at liberty to respond in a point by point fashion in this forum. Suffice it to say that I do not believe that the post presents a fair and accurate picture of the events.” This proposed opinion is scheduled to be further considered at the annual bar convention in June. Such a response is a far cry from the ungoverned and uncivil free for all that is the reality in our social media culture. However, failure to protect the confidentiality of a client or former client in a response to a misleading review can result in serious discipline. There are other options open to a lawyer, none of which are particularly attractive or effective. A lawyer may complain to the social media platform. Different platforms have different policies and will often require extensive effort to obtain any relief.
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Additional options include suing a client for defamation as was done in Blake v. Giustibelli, 182 So. 3d 881 (Fla. 4th DCA, 2016). I have seen a lawyer seek an injunction against a client. Such a civil action might be considered an exception to confidentiality under Rule 4-1.6(c)(2). Even if such an exception to confidentiality exists, a lawyer may disclose no more information than is necessary to establish the claim under Rule 4-1.6(f ). I have seen a lawyer file a defamation case against a client by identifying the client as John Doe. However, any civil claim against a client is fraught with peril and may impact malpractice insurance. It is commendable The Florida Bar is offering guidance on an issue of growing concern to lawyers. However, even this guidance may leave a lawyer in an unsatisfactory position when faced with a truly malicious client or former client. Caution is advised.
Henry Lee Paul is a former Bar Counsel for the Florida Bar who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.
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practice section: alternative dispute resolution
7 Tips for safe Zoom mediation by anne dalton, esq.
T
he pandemic has forced our legal community into a new mode of being, with videoconferencing being substituted for in-person alternate dispute resolution methodologies. Here are some tips I’ve learned the hard way and may they ease your journey to and through the Zoom platform. Illegal recording plus third-party presence. Florida is an “all parties’ consent” state. This means that no recording of an ADR event can occur unless all participants know about, and consent to, such recording in advance. The origin of this rule is in the criminal eavesdropping statute. There are civil penalties as well. Further, third parties can only be present when all parties agree. However, the mediator and you obviously cannot control illegal recording and/ or who may be giving your client nonverbal cues outside of video range and/or listening in. Mediations are confidential proceedings; however, the remote aspect of the Zoom process prevents counsel and the mediator from knowing what is going on in the client’s arena. Solution: put in your signed retainer agreement that the client will not record any mediation done via videoconference and also will refrain from third-party attendance. Alternatively, have the client in your office but in a separate room with his/her own Zoom connection. Connections. Both your client and
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you should participate via a strong internet signal. Avoid the use of public Wi-Fi. Participating from a coffee shop or restaurant is a really bad idea. First, the internet signal may alternately strengthen and weaken, affecting the audio and video integrity of participation. Secondly, of course, privacy and confidentiality issues would be rife. Good manners. If multiple people talk at the same time, the technology will blur the audio and everyone will be unintelligible, wasting the mediation time. Solution: Your client, you and the mediator all have the ability to mute and unmute themselves at will. Best practice is to mute your microphone when you are not talking. That also avoids impulse interruptions. Ambient noise. It is vital that all parties be in a quiet place without barking dogs, street noise, Amazon truck arrivals, food deliveries or other ambient noise. Once again, the technology will blur the audio quality. Solution: Avoid set-ups where ambient noise is unavoidable and/or unpreventable. Mute your microphone unless you are talking. Document sharing. Counsel commonly brings depositions, court pleadings,
Leebar.org
pleadings on additional cases, copies of text messages, expert opinions, court cases and/or other documents to the mediation. The Zoom platform allows for sharing of these documents remotely. Collaboration on drafting agreements. A draft agreement can be put up onscreen and various counsel and the mediator can collaborate in making changes. Alternatively, the mediator or the attorney can be in charge of making changes, with audio input from others. Facial reactions. Remember, your client, you and the mediator will all be “on camera” if your video options are selected. If it is impossible to hear an opposing viewpoint without rolling your eyes, it might be wise to go to the “audio only” modality when another counsel or the other party is speaking. Anne Dalton, Esq., is co-chair of the ADR Practice Section. She is a Fellow with the American College of Civil Trial Mediators and a Diplomate with the National Association of Distinguished Neutrals. She has a private mediation practice in circuit civil and family disputes and has conducted over 7,000 circuit civil, county and family mediations. Dalton can be reached at adalton@daltonlegal.com or 239-337-7900.
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YLD spotlight
by tiffany pereira, esq.
ummer is starting early this year for many working families. As schools remain closed, I noticed more and more posts each day on Facebook about working from home with children, pets and other distractions. We have really enjoyed the blessings of being able to work at home during this time, although I might be singing a different tune if our son was older than 16 months and required homeschooling. To take a break from being inundated with new information about various assistance and relief programs, I reached out to some LCBA friends via a Facebook post and am going to share some of the responses I got with you. Overall, it seems that while working from home has its challenges, everyone is happy to have a chance to spend extra time with their loved ones. Please stay safe.
"Living on a small farm, I frequent Lowe’s. It seems that everyone is starting a garden, doing landscaping or some other outdoor project. I am noticing my favorite home improvement store is becoming a hotspot. Over the past few weeks, my husband and I have completed a myriad of projects. We ran over 100 feet of new fourrail fencing, constructed a playground, redid our sprinkler system, planted over a dozen new fruit trees, made an outdoor shower, finally hired a pool company and built an 8-foot by 16-foot garage for our son and all of his toys." - Tiffany Pereira
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“Finding a new balance with work and homeschooling has been challenging. I am enjoying these precious moments with my family! Lots of walks, bike rides, pool time, games, baking, snuggles, and school work!” - Shaina Zuppke
“My co-worker wants to share coffee like there is no virus to worry about…” - Denise Wheeler Wright
Leebar.org
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“So I used to think I could do anything. Then they told me to work 40+ hours from home and homeschool my elementary age kid while keeping my 4 year old entertained as well. I have now realized that I have limits. #SendHelp or #SendWine” - Shae Williams
“We set up a home office. I’m lucky because my wife, Tree, is a teacher, she’s great at helping the kids with their remote learning. We had things going pretty smoothly until the cable and internet went out recently. Apparently my paralegal (Java the cat) chewed through the cable line. Fortunately, we got it fixed that evening and figured out the new normal with people being at home all the time!” - Spencer Cordell
“Brian and I both work together remotely with our three kids. Thankfully we were able to hire the kids’ daycare teacher who is unable to work at this time — win, win. In the evenings, we have the kids help out with making masks for medical providers to give back to our community.” - Amanda Bartley
“Multiple walks a day, converted our guest bedroom into a home office, keeping to a consistent nap schedule so there’s a couple hours that I can get some actual work done but soaking in every minute with these two.” - Indera DeMine
May 2020
“ I’ve decided that I am making the best out of this and making my courtyard an oasis. Ha ha!” - Lauren Baugh
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“Working remotely during the COVID pandemic has been a beautiful mess. Our house is far from clean, there are four workstations set up for two lawyers and two children, client files are stacked high and the internet keeps going out. But this has been an experience in our lifetime that we will never forget. My husband and I are more efficient when we work (because we have to switch at noon to homeschool). We get to see each other all the time, which is mostly a good thing. For “brain breaks” we have a picnic lunch with our kids. We taught our 7 year old cursive. The kids are using their bikes daily, while we run alongside them and get some exercise in. Oh, and our dog, Addy… is living her best life. We miss all of our friends and family, but are happy that those we know are healthy and complying with social distancing, so we can beat this. Stay balanced, stay positive, stay in. Can’t wait to get together with everyone again.” - Kayla Richmond
“My husband and I are both working from home while homeschooling our girls. Here are my girls and I after they finished their respective virtual ballet and taekwondo classes! Our hearts are grateful to be healthy with our needs met.” - Kristie Scott
“My husband is a firefighter, so he still goes to work. My kids love me being able to wear pajamas all day and stay home with me. My son likes to help me “work,” so I tend to do a lot of my work when he’s sleeping or playing with legos.” - Kati Cook
“My husband goes to work everyday while I’ve been working remotely from home. It is challenging trying to draft documents and take client calls with a baby at home, but my mom helps by watching her during the day so I can focus on work. The silver lining is that I get to spend more time with her and witness milestones including her learning to crawl and stand up.” - Shannon Puopolo
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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. Leebar.org
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CORONAVIRUS C REALITY FOR LEG by tom hayden
L
aw firms across Southwest Florida, like most businesses, are finding new and creative ways to connect with clients as the coronavirus turned normal realities into the new normal, and social distancing and virtual communication became the way of life.
“As layoffs start occurring in bulk, labor law questions are way up,” said Matthew S. Toll, Esq., of TOLL LAW. “People are already asking for payment plans to be paid once their “government virus check arrives.”
No one expected such a dramatic change in daily living as thousands became sick, many have died, healthcare facilities and first responders were overwhelmed and Florida and most states enacted stay-at-home orders for people except when essential services were needed. Those essential services include law firms, because no matter the crisis, clients still need legal advice and resolution in every area.
There are tons of questions and Lee County Bar Association members are going virtual to answer them. Many law firms are connecting with clients through virtual conferencing, using ZOOM or other platforms. Phone conversations are on the rise. Law firms are offering links to need-toknow information, and drive-thru conferencing is even available. The team of lawyers at the law firm of Henderson, Franklin, Starnes & Holt, Pa., wrote several online articles containing valuable information on a variety of topics, including “COVID-19: Understanding the SBA Paycheck Protection Program Loan under the CARES Act and “COVID-19: Impact on Real Estate Contracts and Closings.”
The impact on the legal community is unprecedented. Face-to-face meetings are out. Most courtrooms are quiet. Many businesses, represented by firms, have endured severe cuts to revenue, were forced into layoffs and closures. Firms are assisting people who file for unemployment where the demand is so great state and federal systems can’t keep up. The federal government offered loans to businesses through the CARES Act, as well as passing a $2.2 trillion stimulus package for individuals, businesses and the healthcare community to help the American people through this financial crisis. Navigating this new normal is complex, complicated and filled with many questions.
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CREATES A NEW GAL COMMUNITY “We launched a task force and are feverishly writing and speaking to update our clients on all aspects of COVID-19,” said Gail Lamarche, director of marketing and business development for Henderson, Franklin, Starnes & Holt, PA. ‘We are using Zoom and Go-To-Meeting and Go-To-Webinars. We also have a drivethru conference room in Fort Myers.” With many court cases and trials on hold until the pandemic eases, attorneys are advising clients the best they can, but the legal ramifications could be extensive. “… Contracts are going to be breached left and right with impunity,” said Toll, who has put a temporary hold on any “work stop” letters or motions to withdraw for nonpayment of fees and costs. “People trying to feed and protect their families are not going to care about much else.”
May 2020
The Hon. Mary Evans, Charlotte County Circuit Judge for the 20th Judicial, was one of the first to use the interactive video platform Zoom as a way to keep her docket of family court cases moving. “Many people don’t have transportation and this was an easy fix,” said Evans, former president of the Lee County Bar Association. “We can host a meeting and you can sit at your dining room table.” On the Zoom video conferences for her dependency, sheltering, adoption and other domestic cases, she typically gathers case workers, attorneys, representatives of the guardian ad litem and foster care programs, Department of Children and Families representatives and family members. They can see each other, present their cases and at the end Judge Evans determines the best course of action, either continuing the case or recommending resolution. Had she not used Zoom, Judge Evans says the backlog of cases when she would have been able to resume in person hearings would have been staggering. Now, she can limit the waits for families seeking resolution or reunification. “And families suffer desperately,” Evans said, noting the variety of reasons families are separated because of abuse, divorce, financial uncertainty and health issues. Protecting the rights of families and children is so important to Evans, she emailed Gov. Ron DeSantis about the urgency of family protections in these RES GESTAE
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difficult times. A sampling of what she posted on her Facebook page: “... I have already heard of cases where parents have imposed a “self quarantine” simply because they can: the parent with the stronger personality just dictates to the other parent. If child exchanges cannot occur as usual, with whom do the children stay for thirty days? That is a long time for a child to go without contact with the other parent. Video conferencing is not the answer as it is not substitute timesharing for very little children. In addition, even before the virus, I presided over cases where one parent didn’t want their children to Facetime the other parent because the other parent “can see inside my house.” I understand wanting to protect citizens from a potentially-deadly virus, but I am concerned the damage from parental alienation that can occur in thirty days’ time will be far more harmful to children.” Matt Roepstorff, president of the Lee County Bar Association, knows these unprecedented times, have brought anxiety, stress and threatened the livelihoods of firms and their clients. He also sees the resiliency of many of his colleagues. “From an operational standpoint, you are seeing the benefits of those firms who invested heavily
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xx in technology and the technology infrastructure,” he said. “They are working remotely from home. They don’t need physical office space.” Roepstorff also commended The Florida Bar for offering helpful tutorials on working remotely and using vendors for virtual meetings and other virtual communication. “We promote that the best we can,” he said. The impact on pro bono services also is significant. Florida Rural Legal Services saw an increase from the low-income and indigent populations that may not have immediate access to technology but need help. It’s significant because about 40 percent of those households experience a legal problem at least once a year, according to FRLS. Shanthy Balachanthiran, Esq., clinic director and supervising associate at FRLS, said they were able to roll out new telecommunicating tools to staff and provide new protocol and procedures. “Clients have been contacting us more than usual with serious concerns about their legal matters, often expressing extreme anxiety and desperation,” Balachanthiran said. “We held programwide discussions concerning ethics compliance and rules of professional responsibility and telecommunicating. Once we completed these preliminary steps, we rolled out technology tools that permitted us to be able to make the shift efficiently.” FRLS was able to secure Wi-Fi hotspots for team members, especially those working in remote areas, such as Immokalee and Arcadia. Face-to-face meetings may have stopped temporarily, but FRLS is assisting clients in 13 counties through technology communications. “Even though we have transitioned to telecommuting, these tools have allowed FRLS to remain open for services in order to continue assisting our communities and those who are most in need,”
Balachanthiran said. Although some law firms are still taking in-person meetings but providing information on how they are sanitizing their offices, most firms have gone to virtual conferencing to assist clients.
INFORMATIONAL MATERIALS
The Law Office of Kevin F. Jursinski & Associates provided this message on its website:
Informational articles, written by Henderson Franklin attorneys, through the firms website at henlaw.com/newsinsights/coronavirus-covid-19/
“We are taking the steps necessary to protect our most important assets: our staff and our clients all while continuing to progress our cases and keep small business working.” The Martin Law Firm, P.L., is offering historical perspective and an uplifting message on its website: “In our office, we remember the challenges and anxiety that our community suffered after we were struck by Hurricane Irma in 2017,” said managing partner Steven E. Martin. “What was remarkable was how quickly the community came together after that event and how quickly the economy and local area recovered. I have the opportunity to speak with hundreds of members of the community a year and so I can say with confidence that we will be back to normal as soon as possible.”
CARES Act Payroll Protection Program Update: SBA Issues Some Guidance and Sample Application, by Michael Lehnert: Article looks at “the unforgiven portion of any PPP loan will have a maturity of 2 years and a 0.5% interest rate and SBA loan forgiveness rules, among other issues. “The Impact of the Coronavirus Aid, Relief and Economic Security Act,” by Erin Houck-Toll and Sara Qureshi. Article focuses on tax-favored withdrawals from retirement plans, small business loans, temporary waiver of required minimum distribution rules, business losses, employee retention credit for employers subject to closure and suspension from excise tax, among other issues.
Quiet courtrooms are putting a financial strain on law firms who specialize in criminal and family law. “They have taken a really hard hit,” Roepstorff said. “Unless they have a critical or essential proceeding as deemed by the State Supreme Court, they are not able to do a whole lot to move a case forward. For a lot of firms, they have to delay payments or late fees, but most firms will be flexible for the client.”
“COVID-19 Impact on Real Estate Contracts and Closings,” by Kaylee Tuck.
Roepstorff said a lot of firms have transitioned to telephone or virtual deposition to move a case forward. Other judges, like Evans, are also hearing cases virtually if it has been approved in advance.
Article looks at remote workforce tools, protecting trade secrets and keeping them confidential through employee awareness, limited access to sensitive data, watching for red flags and remote security, among others.
May 2020
Article focuses on options and steps with your real estate attorney, contract extensions, proper resources to continue with property closings remotely and leasing strategies. “Trade Secrets and the Remote Workforce,” by Mark Nieds.
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legal lens Members of Lee County Association for Women Lawyers (LCAWL) attended a chunky blanket workshop at AR Workshop Cape Coral. Fun was had by all at this sold-out event held in February before the Coronavirus forced everyone to stay home. 1. Tasty treats and mimosas. 2. Vera Bergermann, Kathleen Fitzgeorge, Andrea Smith & Mentee 3. Denise Wheeler Wright and Sydney Campbell receive help from AR Workshop Employee 4. John Webb and Eviana Martin 5. Kim Collins and Kati Cook 6. Kim Collins, Kati Cook, AR Workshop Employee, Alyssia Ballard, Tiffany Pereira 7. Lauren Baugh, Liz Auersan 8. Kim Collins, Kati Cook, Alyssia Ballard
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THE
APPELLATE
GURU • Civil • State & Federal • Family Law • Probate & Guardianship • Land Use
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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May 2020
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guest attorney
Chapter 415: A sword, shield for abused, neglected baker acted adults
by dennis l. webb, esq. 1
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or close to three decades, people have been “Baker Acted” in Florida. It began in 1971, with the enactment of the Florida Mental Health Act 2 (nicknamed the “Baker Act,” after Maxine Baker, the Florida legislator who sponsored the Act). Under the Act, individuals believed to be mentally ill and having a substantial likelihood of causing serious bodily harm to themselves or others may be involuntarily transported by a law enforcement officer to a designated “facility” (hospital or mental health treatment center) for an “involuntary examination.” 3 Such individuals are commonly said to have been “Baker Acted.” 4
involuntary Baker Act examinations.5 That is more than double the number of such examinations performed in fiscal year 2001/2002.6 Depending on the outcome of the examination, one may be involuntarily placed (i.e. confined) for up to six months for treatment.7
The number of people Baker Acted in Florida each year is shocking. In fiscal year 2017-2018, there were 205,781
An abused or neglected Baker Acted person may maintain a civil action against the facility and/or its agents or employees,
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Baker Acted patients are an exceedingly vulnerable group. Due to their mental illness, coupled with being confined, they are highly susceptible to abuse and neglect. Enter Florida’s Adult Protective Services Act, chapter 415, Florida Statutes. Chapter 415 has vast potential, both as a sword, to recover compensation for abused or neglected Baker Acted adults, and as a shield to deter abuse and neglect.
Leebar.org
pursuant to Fla. Stat. § 415.1111. If the patient qualifies as a “vulnerable adult,” under Fla. Stat. § 415.102(28), and the defendant meets the definition of a “caregiver,” under Fla. Stat. § 415.102(4), the patient may maintain a cause of action for “neglect,” as defined by Fla. Stat. § 415.102(16)], and/or for “abuse,” as defined by Fla. Stat. § 415.102(1). A successful plaintiff may recover actual and punitive damages, attorney's fees, and costs. Chapter 415 case law is scant. The leading decisions are: Bohannon v. Shands Teaching Hosp. & Clinics, Inc.,8 Tenet S. Fla. Health Sys. v. Jackson,9 and Specialty Hosp.- Gainesville, Inc. v. Barth, 10 Bobbin v. Corizon Health, Inc., 11 and Comeau v. Volusia County.12 These cases offer some guidance as to the key issues likely to play out on the chapter 415 stage. They also address the
xx crucial distinction between a bona fide chapter 415 claim and a claim for medical malpractice and elucidate the sometimes disastrous consequences of failing to correctly differentiate between the two.
his Bachelor of Arts in History from The Citadel, which he attended on a full football scholarship. He went on to earn his Juris Doctor degree from the University of Miami School of Law. During his final year in law school, he served as Law Clerk for Dade County Circuit Judge, Francis Knuck. Mr. Webb has been an active member of the Florida Bar since 1973, and has over 35 years of trial experience, including 75 jury trials. He is admitted to practice before all State and Federal Courts in Florida, and the United States Supreme Court. A former President of the Lee County Bar Association and the Southwest Florida Chapter of the Federal Bar Association, Mr. Webb is primarily a plaintiffs’ attorney, whose areas of emphasis include vulnerable adult abuse and neglect, medical malpractice, and personal injury law.
Chapter 415 has been a largely untapped resource for abused and neglected Baker Acted adults, who are, virtually by definition, “vulnerable adults.” While the waters are still relatively uncharted, the statute has the potential to be a powerful weapon for the powerless. Cloaked in the armor of this statute, Florida attorneys will be prepared to do battle on behalf of Baker Acted adults who have been abused or neglected in a hospital or mental health treatment center.
1
Dennis L. Webb is the owner and senior partner of the Law Offices of Dennis L. Webb, P.A., located in Fort Myers, Florida. Mr. Webb received
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Fla. Stat. §§ 394.451-394.47892.
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Fla. Stat. §§ 394.463(1), (2)(a).
May 2020
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See, e.g., Ayana Lage, “Perspective: I was Baker-Acted, and I don't think it would calm down would-be shooters,” Tampa Bay Times, March 1, 2018; Family Center for Recovery, What Happens When You Baker Act Someone? https://fcfrmd.com/ happens-baker-act-someone/ Baker Act Fiscal Year 2017/2018 Annual Report (June 2019), p. 2.
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Fla. Stat. § 394.467
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Bohannon v. Shands Teaching Hosp. & Clinics, Inc., 983 So. 2d 717 (Fla. 1st DCA 2008). Tenet S. Fla. Health Sys. v. Jackson, 991 So. 2d 396 (Fla. 3d DCA 2008). Specialty Hosp.-Gainesville, Inc. v. Barth, 277 So. 3d 201 (Fla. 1st DCA 2019). Bobbin v. Corizon Health, Inc., 2014 WL 5474126 (M.D. Fla. 2014). Comeau v. Volusia Cnty., 2010 WL 2293291 (M.D. Fla. 2010).
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special feature
MANAGING YOUR FIRM’S CYBERSECURITY DURING A PANDEMIC by james ritter, mcse, pmp, chsp
A
s the coronavirus pandemic continues day by day and social distancing becomes the new normal, more companies, including law firms, have people working remotely. As firm’s measure production in a remote work environment, data security should also be top of mind. When legal firms start prioritizing remote access to data over the security of that data, they make an easy target for hackers. At your firm, everything is protected by the same set of cybersecurity solutions (firewalls, antivirus software, etc.) – but is the same true of your employees’ home networks and personal devices?
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Probably not. Do you know how to manage your firm’s cybersecurity while your staff works from home?
request over email. Always confirm these transfers with superiors and recipients via phone.
Here are three cybercrime scams to protect against:
Password requests: Tech industry giants like Microsoft and Google aren’t going to call you to ask for your password. This is a common scam, carried out by cybercriminals in order to break into your accounts and steal information.
Miracle cure emails: There is currently no vaccine for coronavirus, and there certainly isn’t any type of miracle cure, either. If someone emails you about a miracle cure, don’t download anything from the email, and don’t click any links. They’ll likely just infect your systems with malware. Wire transfer requests: Just like before the coronavirus hit, you shouldn’t engage with anyone that makes a wire transfer
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In addition to cybersecurity awareness, make sure you have the following solutions and best practices in place: Implement multi-factor authentication: Multi-factor authentication is a great way to add an extra layer of protection to the existing system and account logins. By
xx requiring a second piece of information, like a randomly-generated numerical code sent by text message, you’re able to make sure the person using the login credentials is actually who they say they are. Biometrics like fingerprints, voice, or even iris scans are also options, as are physical objects like keycards. Verify payments via phone: As you can’t meet in person to verify major financial transactions, the least you can do is confirm over the phone with the contact. Never execute a financial transfer based on an email request alone. It could very well be a cybercriminal posing as a business contact or third-party organization. Use a VPN: When you use a virtual private network (VPN), your data is encrypted, or hidden, as it moves from your device to the VPN and then continues onto the Internet. That makes it harder for an attacker to identify you
May 2020
as the source of the data no matter whether you’re on your mobile device’s data connection or using an unsecured retail Wi-Fi network while you’re in line for coffee. Don’t sacrifice your cybersecurity just so your staff can work from home. With the right technologies and processes in place, you can maintain a productive and secure remote work model.
James Ritter is the founder and CEO of Pulse Technology Solutions and has been providing professional IT support for businesses since 2006. Pulse strives to give clients enterprise-level services and solutions at prices that work for organizations throughout the world. For more information, call 239.572.9462 or visit Pulse.Tech
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the dish
by lauren baugh
Editor’s note: per their social media page, MAKS is closed due to COVID-19 until further notice. Please check its Facebook page to stay updated on their reopening.
B
rothers Kevin and Billy Mak are not new to the food world. They have been in Lee County at various restaurants for many, many years. What is great for the foodies of Southwest Florida is they have taken all that expertise and opened MAKS Asian Kitchen & Sushi. Inside, the décor itself is something to see. The clean lines and minimalist approach is so refreshing to see when walking in. The small space makes for an intimate setting, perfect for a date night or a special celebration. I have been to MAKS three times and never have I had a bad meal, bad service or for that matter anything short of an amazing experience. When we pass this difficult time because of the coronavirus, I would highly recommend calling ahead and making a reservation. It seems to be a very popular spot, especially on Friday and Saturday nights. I was there on a Saturday and it was packed. I chose to wait and sit at the sushi bar the first time and was so thrilled I did. I got a front row seat to the show of all the sushimaking madness. These sushi chefs plate a massive amount of sushi in a minimal amount of time, all the while making the presentation worthy of Instagram.
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They have sushi options as well as a large variety of non-sushi items. The Mongolian beef was great. It came with a large portion of white or brown rice. They have all the standard rolls that most other sushi joints have, but they also have some other very cool rolls, such as the Green Devil. This one is my absolute favorite. The yellow tail on top was so tender. It was like it was caught in the back and sliced just for me. The salsa is the perfect fresh compliment to this amazing dish. Each roll has its own amazing twist to the traditional roll. Their prices are very reasonable. They average about $12 per roll or about $15 for a hot entrée. I cannot wait to go back and try a few other dishes there. For a great food experience, try MAKS. You won’t be disappointed.
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Is Your Law Firm Secure During The COVID-19 Pandemic? That’s a critical question to answer as more and more personnel are working from home.
Now more then ever, you should be evaluating your company’s security. It’s only a matter of time before you’re the next target. We leverage some of the best talent in the industry to thoroughly evaluate both your technical infrastructure James Ritter Founder & CEO and your operational workflows for security holes. We will make recommendations and can implement for you whatever may be needed. Not only does it take robust and secure IT systems, but your staff needs to be trained and your workflows need checks and balances to make sure you are protected against every angle that hackers are currently using.
13650 Fiddlesticks Blvd. Suite 206 Fort Myers Monday - Saturday 11:30 am - 10:00 pm Closed Sundays maksfl.com 239.985.9632
Photos opposite page (top to bottom): interior of restauant, sushi chefs behind the sushi bar. Photos this page (top to bottom, left to right): plated sushi, Green Devil, Spicy Garlic Edamame, Mongolian Beef with white rice.
Lauren Baugh is executive director of the Lee County Bar Association.
Contact us for a free assessment at (239) 676-6679 or visit Pulse.Tech May 2020
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new members
Dennis Rehack, Esq. Kristiana Soto
Office of the Public Defender
John Stewart The Dorcey Law Firm
Marisol Perez, Esq.
The Legacy Continues Helping Save Families Sheldon E. Finman, P.A.
A respectful approach to divorce. Client-centered, child-focused, problem-solving transition from marriage. Divorce does not have to be a destructive process.
239-332-4543 RespectfulDivorces.com Julia L. Finman, Esq.
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Sheldon E. Finman, Esq.
2134 McGregor Blvd., Fort Myers, Fl 33901 Leebar.org
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Family Mediation Available While Social Distancing Our firm is always looking for the best ways to serve you and your clients. During these times of uncertainty with Coronavirus, we have adapted and are offering our family mediation services virtually. You can attend these E-Mediations via Zoom or over the phone for divorce and family law situations, and we can still offer traditional in-person sessions if needed as long as social distancing can be maintained. Gail Markham is a CPA, CFPÂŽ and has been certified as a Family Mediator by the Supreme Court of Florida since 1994. Her experience in litigation matters and keen understanding of numbers translates into a unique ability to assist parties in exploring settlement alternatives and resolving disputes. Call us today to learn more! 8961 Conference Drive, Suite 1 / Fort Myers, FL / 33919 5185 Castello Drive, Suite 4 / Naples, FL / 34103 (239) 433-5554 www.Markham-Norton.com
May 2020
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judge spotlight
Hon. Mary Evans
1. I love roller coasters. I love the coaster at Knoebel’s Grove in Elysburg, Pa. We started going there when I was a kid and I have taken my kid there, too. They have one of the oldest, if not the oldest, wooden roller coasters in the country. It only has a lap bar so when you are going up and down the hills you are flying up in your seat. To this day I shove my feet up under the little ledge in the car to hold on with my toes! 2. I have 5 cats. 3. I owned a Harley Davidson Sportster and rode it. I stopped riding about eight months after our daughter was born. That yellow line separating me from the oncoming traffic suddenly seemed awfully thin. 4. I am the oldest of four children. Sometimes, I will rewrite the story and say my sister is older because she is a grandma. 5. I like to cook. My favorite thing to make for dinner is reservations. I love pizza.
DONNA TISCH M E D IATIONS • ARBITRATIONS “We take an Active Role... We Never Give Up!” Full-Time
Certified Circuit Civil Mediator • Qualified Arbitrator AV Rated ~ Board Certified Civil Trial Lawyer (1998)
Serving Lee County - Tuesdays only Charlotte County - any day Schedule Mediations and Arbitrations Online at
DonnaTisch.com 239.826.3644
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FREE ANNUAL SUBSCRIPTION OFFER TO LEE COUNTY BAR MEMBERS
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May 2020
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member spotlight
Chris Smith, Esq. & Andrea Pleimling Smith, Esq.
1. We met in Judge Pivacek’s courtroom in Naples. We were on opposing sides at that time and it was Andrea’s first hearing as an attorney. 2. Our first “date” was lunch at McGregor Café. It took Chris several years to get the gumption to ask, but after that, the rest is history. 3. If there is snow on the ground somewhere, there is a good chance we are skiing/ snowboarding. This is our passion and has taken us many different places and led us to our second home, Park City, Utah. While we enjoy skiing at resorts, we really love being in the backcountry and climbing up the mountains that we ski down. 4. We have two amazing rescue dogs, Boo and Bruiser. Boo is deaf and relies on Bruiser to tell him when the doorbell rings. Bruiser is a Chihuahua and is generally in charge of everything. Boo knows a number of sign language commands and will purposely avoid looking at you if he does not want to obey. 5. We genuinely enjoy working together. We are both partners and trial attorneys at Goldstein, Buckley, Cechman, Rice & Purtz, P.A. While we each manage our own caseloads, we typically try our cases together.
Sproat Workplace Investigations The employment law firm dedicated to responsible fact-finding.
We conduct thorough, timely and unbiased workplace investigations for employers and their counsel. SWI is a law firm exclusively dedicated to empowering you and your clients to make sound workplace decisions. Workplace Investigations • Investigation Consulting Investigation Training • Courtroom Testimony
239.676.0200 • VSproat@SWInvestigations.com
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Vicki Sproat, Attorney
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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 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
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
WANT REFERRALS? Your fellow LCBA attorneys could be your #1 source.
ADVERTISE HERE! Contact Linda Fiore
(239) 225-7911
12751 New Brittany Blvd. Suite 402 Fort Myers, FL 33907
239.690.9840 or Linda@ConricPR.com
PIZZOLATOLAW.COM May 2020
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in the news Estate planning attorney Gregory Herman-Giddens of Henderson, Franklin, Starnes & Holt, P.A., has been named to the board of directors for Carolina Meadows, which is a non-profit continuing care retirement community. The community is in Chapel Hill, N.C., the same town where Herman-Giddens has maintained a home and active practice since 1994. Herman-Giddens is a board certified specialist in estate planning and probate law (North Carolina State Bar Board of Legal Specialization), a certified financial planner, a registered trust and estate practitioner (Society of Trust and Estate Practitioners) and a member of WealthCounsel, LLC.
Scott Hertz has joined the law firm of Aloia, Roland, Lubell & Morgan, PLLC. He will be heading up the firm’s Cape Coral office, focusing on commercial litigation, construction law, real estate and land use issues, along with contract disputes. Hertz had his own practice in Cape Coral before making the move.
Attorney Michael Lehnert, of the law firm Henderson, Franklin, Starnes & Holt, P.A., has become certified to close United States Small Business Administration (“SBA”) 504 Loans. As part of its mission to promote the development of businesses, the SBA partners with Certified Development Companies (“CDC”) to offer 504 loans to provide government backed financing for the purchase of real estate, buildings and machinery at competitive market rates. The fixed rate, long term loans with a high loan to value ratio available under the 504 Loan program are valuable tools available to small businesses throughout the country. Lehnert concentrates his practice exclusively in real estate, assisting property owners, lenders and builders with commercial and residential development. Peter John Gravina, 66, a native Floridian, respected real-estate attorney, leader in the legal community, avid Gator fan, adored father, grandfather, husband, brother and friend passed away on March 31 following a short but intense fight with brain cancer. Pete was proud to be a partner of the Pavese Law Firm where he practiced real property law for more than three decades. He held the distinction of being the first board certified real estate lawyer in Lee County by the Florida Bar. He served as a board member and chairman of Attorneys’ Title Insurance Fund, as the president of the Lee County Bar Association in 1997 and as a board member of the YMCA and Southwest Florida Council of the Boy Scouts of America. He will be greatly missed by his family and friends, but they are comforted knowing that he is now reunited with his son, Matthew, who passed away in August of last year. He is survived by his wife of 42 years, Amy, a daughter and son-in-law, a daughter-in-law, two grandchildren and a sister and brother-in-law. In lieu of flowers, donations may be made in Pete’s memory to the UF Foundation (P.O. 100243, Gainesville, FL 32610) to support brain tumor research at the University of Florida. Online at: UFgive.to/Tranlab/.
KNOTT EBELINI HART Southwest Florida AV rated law firm seeks civil litigation attorney with Florida Bar Membership. • •
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Email / Fax Resume to lharrington@knott-law.com | 239-334-1227
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