Res Gestae - May 2022

SWINGING INTO ACTION The LCBA Foundation tees it up to help local nonprofits

Pro Bono in an Online World

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • MAY 2022

United We Stand...

For the Accused

All Criminal Charges, Felonies and Misdemeanors, State & Federal

Aggressive Criminal Defense

Over 150 Years of Combined Experience

239.277.5297 MuscaLaw.com Attorney John Musca 21 Year Veteran Defense Attorney

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on the cover

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ad directory

Swinging into Action

The LCBA Foundation tees it up to help local nonprofits Keith Grossman, Esq.

special features

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Florida Pro Bono Matters Keith Grossman, Esq.

ON PAGE 20 On the cover: Photo composition by April Bordeaux

departments 6 8

Letter from the President

Tiffany Pereira, Esq.

26 Past President's Q&A

Featuring John Agnew, Esq.

Kati Cook, Esq.

Letter from the Executive Director Lauren Baugh

28 Legal Lens

Annual Bench Bar-B-Q and Shrimp Boil (continued)

10 Calendar of Events

30 The Dish

12 Ethically Speaking

Lauren Baugh

Henry Lee Paul, Esq.

14 Legal Lens

Annual Bench Bar-B-Q and Shrimp Boil

16 YLD Spotlight

Katherine E. Camadeco, Esq.

18 Guest Attorney

Why we need diversity in law and 5 ways to build it

Nirupa Netram, Esq.

Edison Lunch Box

32 New Members 33 100 Club 34 5 Things You Don't Know About Me Lauren Baugh

36 5 Things You Don't Know About Me

John Webb Esq.

Agoston Law Group Aloia, Roland, Lubell & Morgan, PLLC Barbara Pizzolato 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 Donna Tisch Edison National Bank Frank Piazza, P.A. Jones & Co. Realty Law Firm of Scott T. Moorey Law Offices of Dennis L. Webb Lee County Bar Association Lee County Bar Association Lee County Bar Association Lee County Legal Aid Society Leonard P. Reina Lindsay Scott Garza Campaign Mark B. Yeslow McHale, P.A. Men's Rights Law Firm Musca Law Office, Inc. Ringsmuth Roetzel & Andress Roetzel & Andress Senior Advocacy Group Sheldon E. Finman, P.A. Spivey Law Firm Personal Injury Attorneys, P.A. Stockman Mediation The North Law Firm, P.A. Wright Mediation

38 In The News Our advertisers support the Lee County Bar Association.

Please do your best to support them.

ON PAGE 30

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president's letter May already? By the time this issue hits your mailbox, we will have been through a wildly successful Law Week, with the Lee County Bar Association Foundation Golf Tournament coming right up! Even if golf is not your idea of fun, consider joining us for the luncheon and auction. Lunch tickets are still available at leebar.org.

LEE COUNTY BAR ASSOCIATION administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

executive council

VICE PRESIDENT

TREASURER

Spencer Cordell, Esq.

Hon. Kathleen Smith

BOARD MEMBERS

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

You may be wondering why you would want to attend Annual if you are not currently involved in the Bar. I can think of several reasons! Endless CLEs, receptions, and opportunities to meet vendors, other members, and Bar leaders. It’s a great way to learn about the various sections and committees and see where you may want to get more involved.

HISTORY

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

ALTERNATIVE DISPUTE RESOLUTION

IMMIGRATION LAW

Anne Dalton, Esq.

Indera DeMine, Esq. and Nirupa Netram, Esq.

APPELLATE LAW

Alex Brockmeyer, Esq.

INTELLECTUAL PROPERTY

CORPORATE LAW

Mark Nieds, Esq. and Holly McFall, Esq.

Alicia Olivo, Esq. CRIMINAL LAW

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. 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., John Webb, Esq. and Robin Merriman, Esq. TORT LITIGATION

Dawn Maselli, Esq. and Diana Castrillon, Esq.

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

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

practice section chairs

VBLC is a two day event with various breakout sessions, a social, a breakfast, and more. VBLC gives you an opportunity to learn strategies from other leaders around the state. I can tell you some of the programs we have done in Lee County are ideas we learned about and emulated from VBLC. If you are a young lawyer, the Florida Bar offers several scholarships for young lawyer attendees.

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

committee chairs

This year’s Annual is being held at the Hilton Bonnet Creek in Orlando from June 22-25, 2022. This hotel/convention center is one of my favorite ones to bring the kids because the hotel is so family friendly, complete with a lazy river. The Bar plans many kids' activites as well.

Lauren Baugh and I will be in attendance at both of the above events, and we would love to have you join us. If you have any questions, please do not hesitate to reach out. You can find more information at the Florida Bar website.

SECRETARY

Peter Knize, Esq.

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

Heading into summer, typically things slow down for LCBA, but speed up for “the big Bar.” If you are interested in becoming more active in The Florida Bar, summertime is the time to dive right in. There are multiple opportunities to attend Florida Bar events, including the Annual Convention (Annual) in June and the Voluntary Bar Leaders Conference in July.

On the heels of Annual is the Voluntary Bar Leaders Conference (VBLC), being held this year at The Vinoy in St. Petersburg from July 8-9, 2022. If you are involved in any voluntary bar or are looking to get involved, this boot camp is the event for you.

PRESIDENT

Tiffany Pereira, Esq.

LeeBar.org

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executive director's letter I cannot believe how fast time flies. I know I say that often, but this month my daughter graduates from 5th grade. As I reflect on that, it humbles me that we, as humans, are mere specks on a ball of water in space! Time goes by, no matter how much we want it to stand still; we have no control over it.

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

At the LCBA, we plan events so far in advance to make sure they all go off without a hitch, that we often forget to live in the moment. Both in my personal and professional life, I am making more of an effort to enjoy each moment and not worry about what will happen next, or what happened already. Life is short; life is precious; and we truly have to stop and smell the roses or we will never stop. Enough philosophy for now.

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

MANAGING EDITOR Keith Grossman, Esq.

CREATIVE DIRECTOR April Bordeaux

ADVERTISING ACCOUNT EXECUTIVE Lisa Doyle-Mitchell | 239.851.4729

FEATURE WRITER

Keith Grossman, Esq.

We sent out a member survey in March and the results were mostly “the LCBA is perfect as is”. We had a few “more CLEs” and “more social events”, so we will be incorporating this feedback to provide an even better year ahead!

CONTRIBUTING WRITERS Tiffany Pereira, Esq. Lauren Baugh Henry Lee Paul, Esq. Katherine E. Camadeco, Esq. Nirupa Netram Kati Cook, Esq. John Webb

May is FULL of events with Law Week and our Foundation’s Charity Golf Tournament. We also have a few other things happening. We have a social planned at FineMark National Bank & Trust on May 26 at 5:30 p.m. Come out and enjoy drinks and munchies, thanks to FineMark. As always, check out our website, eNews You Can Use weekly newsletter and our Facebook page.

We are always working on our CLEs to host in person or via Zoom, and I want to remind you we have many CLE videos available on our YouTube channel. You can view or listen to them at your convenience and report back to me that you have done this.

With two clicks, I can verify you watched and send you the CLE credentials to report to the Florida Bar. If you have a specific CLE topic you are looking for us to present, let me know. We would love to plan a CLE with YOUR idea.

I am looking forward to LCBA Law Week. I hope to see you all at our many Law Week events, including our Awards Program at The Edison on May 6th. Lunch will be served at 11:45 a.m. and the program will begin at noon.

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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May 2022

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

5

LCBA Law Week Blood Drive

8 a.m. – noon Location: Corner of MLK Jr Blvd. and Monroe Street Register: LBaugh@LeeBar.org

5

LCAWL Law Week Judicial Appreciation Reception

5 p.m. – 7 p.m.

Location: The Edison Restaurant Register: leewomenlawyers@gmail.com

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Second DCA Oral Arguments

8:30 a.m. – 11:30 a.m.

Location: Lee County Justice Center, Courtroom 1A

hello

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LCBA Law Week Awards Program and Luncheon

11:45 a.m. – 1 p.m.

Sponsor: Kelly L. Fayer, P.A. Location: The Edison Restaurant Register: LeeBar.org Free for LCBA Members $25 for NON LCBA Members

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LCBA RPPTL Virtual Meeting

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LCBA ADR Virtual CLE

Noon – 1 p.m.

Topic: Taxes and Mediation Speaker: Peter Knize, Esq. Location: Zoom

Register: LeeBar.org

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LCBA “raise the bar” Networking & Social Gathering

Noon – 1 p.m.

Topic: Practice Management Series Speaker: Craig Hersch, Esq. Location: Microsoft Teams

5:30 p.m.

Location: FineMark National Bank & Trust, 8695 College Pkwy, Suite 100, Fort Myers FREE for all LCBA Members

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Register: LeeBar.org

LCBAF Annual Charity Golf Tournament

8 a.m. – 2 p.m.

Location: The Forest Country Club Please see the website for full details on Sponsorship, Auction and Golfing.

Register: LeeBar.org

Memorial Day Holiday

LCBA office and Courts CLOSED

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

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ethically speaking

Bar Complaints and Related Civil Litigation

by henry lee paul, esq.

This article addresses an issue that should be of great concern to lawyers who are involved in civil litigation, either as a lawyer representing a client or as a party.

I have observed a trend of The Florida Bar to investigate bar complaints while companion civil litigation is pending. This trend is contrary to historical practice and stated Bar policy, which generally provides such companion complaints should not by investigated while a related civil case is pending.

The Board of Governors Standing Policy 15.55 (Deferral of Disciplinary Investigation during Civil, Criminal and Administrative Proceedings) states The Florida Bar should consider not investigating a bar complaint “if the issues raised may be addressed by the court … in the underlying case.”

This policy is based, in part, on the Supreme Court’s admonishment of the Bar in The Florida Bar v. Della-Donna, 583 So. 2d 307 (Fla. 1989), stating “Disciplinary actions cannot be used as a substitute for what should be addressed in private civil actions against attorneys…They are not intended as forums for litigating claims between attorneys and third parties.”

The issue of whether companion litigation is based on the same

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allegations in a bar complaint has historically been considered so important the bar complaint form has included the question: “Does the complaint pertain to a matter currently in litigation?”

the lawyer’s conduct with the intent to gain an advantage in the dispute. Using the disciplinary process in such a manner is clearly improper and repugnant to the concept of fairness.”

Although I am not aware of any statistics regarding bar complaints with companion litigation, defense practitioners are aware of the recent trend towards tolerance of and active investigation of such bar complaints. In the past, the Bar was much more likely to dismiss such complaints or to place them on a monitor status pending resolution of the pending civil litigation. Traditionally, matters involving serious allegations of theft or misuse of a trust account were the type of cases that would be investigated concurrently with pending civil matters.

The active investigation by the Bar of cases in litigation provides the filing party de facto Discovery and burdens the respondent with an inability to fairly defend against a bar complaint.

Disclosure of privileged matters may be necessary for defense of a bar complaint.

However, the bar complainant may be free to use such information to the disadvantage of respondent and their clients in companion civil litigation. It is this Hobson’s Choice that was warned against in ABA Formal Opinion 94-384 (Withdrawal by Lawyer Against Whom Opposing Counsel has Filed a Disciplinary Complaint).

It is suggested that in supervision of the disciplinary process, The Florida Bar lawyer regulation staff and the Board of Governors should be more mindful of the policy against abuse of the disciplinary process by civil litigants. The Special Commission On Lawyer Regulation, Report and Recommendations, (2005) S. 3 acknowledged this policy and stated: “The Commission recognizes that some adversaries … file complaints concerning

LeeBar.org

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.

May 2022

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legal lens The Annual Bench Bar-B-Q and Shrimp Boil was held on March 26 at Alliance of the Arts. Thank you to our sponsors: John Webb Legal Group Diamond Sponsor, Fort Myers Court Reporting, Full Circle Investigations, Sanibel Captiva Community Bank, Kelleher Law, Sallee Promotions, Lee County Bar Association Foundation, Imagine Wellness, Total Quickbooks Solutions, Camadeco Law Group, Mission BBQ, Jedi Judiciary and Suncoast Beverage Sales.

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1. Judge Gagliardi and family 2. Mayor Kevin Anderson, Carolann Swanson, Judge Archie Hayward 3. Lauren Baugh, Tiffany Pereira 4. Travis Russell and Nate 5. Judge Robert Branning, Jerry Von Gruben, Michael Mummert, Judge Nicholas Thompson, John Webb 6. Brian Riley, Courtney Dorsey 7. Kelly Fayer, Shannon Puopolo, Karla Campos -Andersen 8. Facepainting by Miguel Bey

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More legal lens pictures on page 28 LeeBar.org

Photos courtesy of Jim Jett Photography

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YLD spotlight

YLD celebrates

s ' r e h t o M y a D

by katherine e. camadeco, esq.

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his year Mother’s Day is Sunday, May 8th. Celebrating mother’s is an ancient tradition that been practiced around the world for hundreds of years. The ancient Romans and Greeks would hold a spring festival to honor the maternal goddess Cybele, goddess of fertility, and the goddess Rhea, mother of the Gods.

The “modern” American Mother’s Day was first celebrated on May 10, 1908, in Grafton, West Virginia and Philadelphia, Pennsylvania. In 1914, President Woodrow Wilson signed a proclamation declaring the second Sunday in May as Mother’s Day. President Wilson’s proclamation declared Mother’s Day a “public expression of love and reverence for the mothers of our country.”

According to a 2014 Pew Research study, there are approximately 85 million mothers in the United States. And to celebrate all those mothers, the National Retail Federation estimated more than $31 billion will be spent on Mother’s Day gifts this year. The top gifts for Mother’s Day are a card and flowers. Hallmark reports that Mother’s Day is the third-largest card sending holiday. It is also a popular day for phone calls. Verizon has revealed that it has seen a 13% spike in voice call activity on Mother’s Day compared to a typical Sunday.

Happy Mother’s Day! 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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guest attorney

Why We Need Diversity in Law and Five Ways to Build It by nirupa netram, esq.

D

id you know our nation has more than 1.3 million lawyers, according to the American Bar Association (ABA)? And how diverse is our profession?

Not very. According to the ABA, 37% of attorneys are women, a mere 14.1% of lawyers are people of color, and there are no reliable statistics on the total attorneys with disabilities or those who identify as LGBTQIA+.

I have resided in Southwest Florida since I immigrated here as a child almost 40 years ago. I have seen the increase in diversity in our community and the profession locally. However, we still have much more work to do to attract, advance, support, and retain diverse talent. Diversity has countless benefits to businesses, including improved leadership, increased profits, less turnover, innovative ideas, a greater talent pool, and much more. Here are five ways for legal workplaces, including law firms, businesses with legal departments, and legal aid providers to start making meaningful change improving the lack of diversity.

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Broaden Recruitment Efforts Recruiters should look through a different lens when scouting for new attorneys and not only look for graduates of top law schools. Though Ivy League schools produce talented and successful attorneys, workplaces should broaden traditional recruiting methods to include other institutions. Far too many students cannot afford these schools and the corresponding high student debt. A diverse student that I mentor recently got into her first-choice law school and reluctantly declined because of the cost of tuition and lack of funding opportunities.

Attending an elite law school alone does not make a good lawyer. A lawyer typically doesn’t comprehend all the laws applicable to practice until after law school. Similarly, because lawyers form their moral compass well before law school, attending a top law school does not automatically make someone an ethical lawyer, which is essential for LeeBar.org

long-term success. Even the United States Supreme Court is breaking away from the tradition of graduates of Ivy League schools. The newest appointee, Justice Amy Coney Barrett, graduated from Notre Dame Law School.

Look Beyond Class Rank Job descriptions for federal clerkships or top-tier law firms often require the applicant to be in the top ten percent of their class. Law school is extremely competitive and stressful. Many schools, such as my alma mater, Stetson University College of Law, have only one exam at the end of each course.

One low grade can derail grade point average and class rank. Class rank does not dictate whether a person will be an effective attorney, for the same reasons discussed above concerning recruitment.

Workplaces should consider other factors besides a high-class rank, such as the applicant’s publications, work and volunteer experience, and pre-law academic performance. In other words,

an individual’s potential for success is not only tied to their class rank.

Establish a Diversity Committee A diversity committee signals a company’s commitment to diversity, equity, and inclusion (DEI). Committee membership should represent the diversity within the business. The committee can form and/or execute the company’s strategy on diversity. The company should regularly review and revise such initiatives, measure them, and share the results internally and externally.

A committee can also plan events to celebrate diverse holidays important to the team and clients. A business should factor an attorney’s time and energy on this committee into any billable hour requirement. Several firms have done just that. One firm (Foley Hoag) says all lawyers will receive unlimited billable hours credit for DEI work.

Ensure Top Management is Diverse Diversity in top management reflects the

faces of the workplace. Organizations may think they are diverse because their associates, clerks, paralegals, or other staff are people of color. That is not true diversity. True diversity means the leadership and boards are also diverse. Diversity encompasses people of different races, ethnicities, national origins, genders, generations, abilities, religions, social-economic backgrounds, individuals who are LGBTQIA+, and so much more. Additionally, diversity means diverse populations have a voice and seat at the table, such that diversity is reflected amongst the leaders.

seekers said workplace diversity is an important factor when considering a job. A strong commitment to diversity also attracts diverse customers.

According to McKinsey, “the most diverse companies are now more likely than ever to outperform less diverse peers on profitability.”

Diversity requires time, resources, and an ongoing undertaking and effort. As Gandhi said, “Our ability to reach unity in diversity will be the beauty and the test of our civilization.”

Integrate Diversity in Strategy and Goals Integrating diversity into a company’s strategy and goals establishes a commitment to and clear set of expectations around DEI. Businesses that do this should promote their DEI efforts, including their websites. This may be a key factor to attract top talent. According to ZipRecruiter, more than 86% of job

Nirupa Netram is an attorney, mediator, arbitrator, and certified global diversity, equity, and inclusion (DEI) professional.

Through Lotus Solutions LLC, she helps businesses create diversity and inclusion to ensure a fair and just workplace by consulting, training, and keynote speeches, and she has appeared in multiple publications, including Forbes, Hiscox, and more.

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SWINGING INTO ACTION The LCBA Foundation tees it up to help local nonprofits

by keith grossman, esq.

J

oin the Lee County Bar Association Foundation once again for the annual charity golf tournament. The tournament is taking place at The Forest Country Club for a shotgun start on Saturday, May 14. Tournament registration is open now and can be done through the LCBA website, leebar.org. Players are encouraged to sign up quickly, as there are a limited number of spots, and the tournament is anticipated to fully book.

It’s a sister organization that the LCBA Executive Committee established in 2016. At the time, the Executive Committee felt the LCBA as a representative of the legal community could better serve the specific needs of Lee County by establishing a lasting, consistent grant cycle through the Foundation.

The golf tournament proceeds benefit the Lee County Bar Foundation, and tens of thousands of dollars have been raised over the last few years. All the money is distributed by Foundation grants to groups in Lee County.

The Foundation recently completed its 2021/2022 grant cycle and awarded $53,500 in grants to 26 local nonprofit agencies in February at the LCBA monthly membership meeting.

In 2021, the Foundation awarded $43,000 in grants to 23 recipients from the 2020 grant cycle. (Unfortunately, the Foundation was unable to hold the golf tournament in 2020 due to Covid).

The Foundation serves as the charitable arm of the LCBA.

The grants support agencies that aid the community in line

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LeeBar.org

with the Foundation’s mission. The mission of the Lee County Bar Association Foundation is to: •

Promote provision of legal aid to the indigent,

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Support and participate in charitable endeavors benefiting youth and/or benefiting the underprivileged population,

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Encourage and promote education and community awareness of the law,

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Provide for the establishment of scholarships.

The traditional fundraising events for the Foundation have been the golf tournament and a wine tasting. A big part of the fundraising effort at the golf tournament is the charity auction that takes place during the post-golf luncheon. Nongolfers are invited to attend the luncheon. Puopolo says, “If you just want to network and hang out with us, you’re more than welcome.”

The Foundation’s Board of Directors include: •

Shannon Puopolo, President

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Kristalyn Loson, Past President

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David Seitz, Treasurer

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John Webb, Secretary

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Vanessa Fernandez

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Eviana Martin

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Sara Spector

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Chene Thompson

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Honorable Kathy Smith

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Katherine Camadeco

In addition to providing grants, the Foundation also provides scholarship money to the high school student who wins the closing argument award in the Lee County mock trial tournament. This year, the Foundation also sponsored the dunk tank at the LCBA Shrimp Boil and Bar-B-Q, which helped raise $1,500 for the Miguel C. Fernandez III Hispanic Bar Association. The funds raised through sponsorships and donations help provide school uniforms for underprivileged students.

The 2021 golf tournament was record-breaking, in terms of amount raised and the number of golfers that participated, according to Puopolo. Puopolo is looking forward to improving upon that. She says they want this year’s tournament to be the “biggest and best it’s ever been.”

Puopolo is also looking forward to the 2022 wine tasting event. She says, “We’re excited about having a large in-person event this year.”

The Foundation is also planning some other fundraising events this year. The details for those events have not yet been finalized. Puopolo says, “Members should always feel comfortable donating to the Foundation.”

Shannon Puopolo hopes to increase the grants the Foundation can provide. She says, “We can never meet the need as much as we wish we could.”

Puopolo also points out that since COVID, the requests have increased. She says many agencies have lost funding, and “we’re trying to fill that gap.”

If you are interested in joining the Foundation Board, Puopolo says there are open spots. Puopolo says, “We’re appreciative of all the support (the Foundation receives).

We’d love for members to learn more about what we’re doing.”

The process for the grant cycle begins in early summer when the Foundation begins receiving grant applications. It goes through late fall. Puopolo says the entire Foundation Board meets to review every application. She says, “We make sure the funding request meets our mission statement.”

If the Board determines the application meets at least one of the pillars of the Foundation’s mission, they then determine how much money the Foundation has to give the applicant.

After the money is awarded, the agencies must report back to the Foundation and provide an update how the funds were used. Puopolo stresses the importance of following up to make sure the funds were used in line with the application.

In 2021, the Foundation was unable to award all the recipients together at one meeting, so the Board members went to the location of the various agencies. Puopolo says, “We gave the money onsite and celebrated with the big cardboard check.” Puopolo felt those presentations helped connect the Foundation with the various agencies. “It’s a nice learning experience. We get a better sense of the charity and where our money is going.”

May 2022

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2021 LCBA FOUNDATION GRANT RECIPIENTS The LCBAF provided a total of $63,000 to these grant recipients for the 2021/22 grant cycle.

Foundation Chair Shannon Puopolo hopes to increase that amount this year Big Brothers Big Sisters of the Sun Coast Blessings in a Backpack SWFL Children's Advocacy Center Children's Home Society of Florida Community Cooperative Family Initiative Autism Support Florida Arts, Inc. dba Sidney & Berne Davis Art Center Foster Care Advisory Services, Inc. Guardian ad Litem - 20th Judicial Circuit Junior Achievement of Southwest Florida KindLee, Inc. Lee County Legal Aid Society, Inc. Lighthouse of Southwest Florida, Inc.

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Literacy Council Gulf Coast Midwest Food Bank - Florida Division Miles of Smiles Foundation NAMI Lee, Charlotte and Hendry Counties New Horizons of Southwest Florida Quality Life Center SWFL Senior Friendship Centers South Fort Myers Food Pantry Coalition Sunrise Community of Southwest Florida, Inc. The Heights Center, Inc. United Way of Lee, Hendry, Glades and Okeechobee Valerie's House Wellfit Girls

LeeBar.org

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May 2022

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special feature

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by keith grossman, esq.

T

here are many ways to get involved in providing pro bono services, including working with the LCBA and reaching out directly to agencies like Legal Aid or Florida Rural Legal Services. Another way to find pro bono work is to look at the Florida Bar Foundation’s Florida Pro Bono Matters website at floridaprobonomatters.org.

The Florida Supreme Court ruled in 1992 that lawyers should aspire to do 20 hours of pro bono work a year or contribute $350 to a legal aid organization.

The Florida Bar position regarding pro bono work is contained in the Rules Regulating The Florida Bar, Chapter 4 (Rules of Professional Conduct), section 6.1, which states: “Each member of The Florida Bar in good standing, as part of that member’s professional responsibility, should (1) render pro bono legal services to the poor and (2) participate, to the extent possible, in other pro bono service activities that directly relate to the legal needs of the poor.”

The rule further states: “The professional responsibility to provide pro bono legal service to the poor may be discharged by: annually providing at least 20 hours of pro bono legal service to the poor; or making an annual contribution of at least $350 to a legal aid organization.”

The responsibility to provide pro bono services is aspirational rather than mandatory. However, The Florida Bar was the first state to adopt a required reporting rule.

The Florida Bar, the Florida Bar Foundation, Florida Legal Services and local pro bono committees are steadily increasing the use of online media to support pro bono volunteers and their prospective clients.

Through the “Lawyers in Libraries” initiative, the computers in public libraries (and the library staff ) become an accessible neighborhood directory for these pro bono services. Training videos and webinars are available to help private attorneys learn the procedural and substantive aspects of those cases that may be less familiar to them — landlord/tenant, foreclosure, dissolution of marriage, and guardianship cases, for example.

Florida Pro Bono Matters is an interactive website offering pro bono opportunities throughout the state in one place. Attorneys can find pro bono opportunities using keyword searches to find case types, particular areas of law, geographical locations and cases posted by local legal aid organizations. There also is an option to create a notification based on any of the searches or filters.

The attorney will then receive an email notification any time a case or event is added to the website that matches that search.

See graphic below for example of search functionality.

May 2022

When an attorney has found a case or event that matches their interests, it is easy to get more information.

Each potential case or event has a case card with a map showing the county in which the case is located. The posting organization’s name will appear below the map along with a short summary of the case or event details.

The attorney can then click on the “Interested” button at the bottom of the card, provide contact information and an alert will be sent to the posting organization.

Upon receiving a lawyer’s interest form, the legal aid or pro bono program conducts its normal process to place the matter, including conflicts checking, providing a mentor and connecting the lawyer with relevant resources, if requested, and then assigning the matter to the lawyer when both parties agree.

A representative of the organization will then contact the attorney to provide additional information and allow the attorney to decide whether the opportunity is a good fit and move forward.

There also is an option on the case card to easily share a case with another attorney that might be interested in assisting.

If you´re looking for an easy way to find pro bono cases that match your interests and areas of practice, floridaprobonomatters.org is a great resource.

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past president q&a

"Get Involved"

– John Agnew LCBA Past President , 2014

by Kati Cook, Esq.

I

had the privilege of interviewing John Agnew, past president of the Lee County Bar Association.

While I did not get to experience the LCBA under his leadership, it is apparent he was an innovative, compassionate president who led by serving others.

Much like how he helps lead his law firm today, he was a humble, altruistic leader who focused on helping the local community as well as eliciting feedback from those around him.

Today, John is still an active member of the LCBA and a local leader in the community.

Q: When did you serve as the president of the Lee County Bar Association?

A: 2014 Q: What was your unique perspective you brought to your role as president?

A: I’m sure it was my military background.

[Prior to becoming an attorney, John was an Army Ranger]. It instilled a respect for timeliness, organization and the benefits of a bureaucracy, if it’s run well.

engagement, using surveys and focus groups, creating or reinvigorating some of the practice groups and spotlighting at each of the monthly luncheons a different local nonprofit with a connection to the legal community. We also revised the bylaws to expand the Executive Council and revamped the sponsorship process, changing the focus from monthly meeting sponsorships to focus on annual sponsorships, which was more efficient and beneficial for the Bar and the sponsors.

Photo left: John Agnew on the cover of Res Gestae announcing the launch of the new LCBA website during his tenure.

Q: Now, moving forward to today, what do you see as some of the pressing issues facing the Lee County legal community?

A: I see Lee County facing similar issues lawyers face nationwide, which is trying to effectively manage busy practices, while Photo left: John Agnew with his late mother Jenny Agnew at 1995 Ranger School Graduation in Fort Benning, Georgia

Q: What were your goals for the LCBA? A: Primarily, I wanted to increase engagement within the Bar, and I had several ideas for how to get there.

Q: What were some of your accomplishments during your tenure?

A: We accomplished the goal of increased

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also seeking to improve access to justice for those in need.

Q: What should the legal profession and law firms focus more on?

A: From my perspective, every attorney should focus first on personal excellence and being thoroughly knowledgeable in his or her field. Law firms focused on the long run should reinforce that priority and focus on creating a culture of appreciation and community involvement.

Q: Are you currently involved in any Bar or community leadership?

A: I am currently a member of The Florida Bar Board of Governors and serve as President of the Board for Abuse Counseling & Treatment, Inc. (ACT).

Q: Any final words of wisdom for the future leaders of the LCBA? A: Get involved! If you want to be a leader, make sure you listen to others. It is certain your colleagues will have opinions—they are lawyers after all. Listen to them, take surveys, participate in focus groups, vet your ideas with others and remember being a leader is not about you as a leader but about how you can help the members of the LCBA grow.

Katherine “Kati” Cook, Esq. is an associate attorney at Boy Agnew Potanovic Miller and specializes in labor and employment law.

May 2022

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legal lens

1

1. Florida Bar YLD Board of Governros members 2. John Webb 3. Keith Grossman, Magistrate Kimberly Davis Bocelli, Judge Gilberto Perez 4. Jim Kelleher, Patrick Kelleher 5. Andrew Banyai, Brianne Casey 6. John Miller, John Agnew, Kayla Richmond Miller, Suzanne Boy 7. Kevin Karnes, Noelle Branning 8. Rebekah Taylor, Tiffany Pereira 9. Jerry Von Gruben, Judge Robert Branning, Judge Nicholas Thompson 10. Judge Kyle Cohen and family For more pics, check out the gallery at LeeBar.org

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3

4

5

6

7

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10 LeeBar.org

Photos courtesy of Jim Jett Photography

The Annual Bench Bar-B-Q and Shrimp Boil photos continued from page 14

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the dish

Edison Lunch Box

serves up great food and convenience

by lauren baugh

by lauren baugh

T

he Edison Lunch Box is not new to Downtown Fort Myers.

It has been around in a few different locations. It was off the grid for a while, and now it’s back, located in the courthouse on the second floor. I can tell you; it was worth the wait!

our faces, more than the menu and coffee, is a little sign explaining their partnership with LARC, Inc., a local nonprofit that is also important to the LCBA. Edison Lunch Box’s mission “is to bring awareness to our community about the success and skills our Special employees can bring to other businesses.

Through our training programs, we strive

I am going to the restaurant for the opportunity to see what the excitement is all about. People don’t typically go to the courthouse seeking a meal. This place will make you rethink that notion.

I try to get to know past LCBA board members, and on this day, I had the pleasure of having lunch with Marcy Shaw, our 2008 LCBA president. We meet at the elevators and walk in the restaurant together. We are both surprised to see how many items are on the menu, and further surprised they are a proud server of Starbucks. What an amazing partnership for the courthouse.

Something that puts a smile on both of

30 RES GESTAE

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to provide skilled training to our Special employees to help our community thrive while providing competitive employment opportunities to those participants.”

It’s noteworthy that Edison Lunch Box hires employees in the LARC program.

Marcy and I order our food, and we spot several faces we know and many we do not. We see a judge, a few attorneys, a few businesspeople and various agents from local law enforcement entities. It is clear this is a much-needed place to serve anyone with business in the courthouse.

It is certainly beyond helpful to be able to grab a quick bite.

We decide we must try a few things. You know; to accurately write about the food (laughing at myself as I am justifying why we bought four sandwiches and a piece of cake). We choose some items from the menu labeled “Jury’s Out Grill”. We order the “Patty Melt on Rye with Grilled Onions” and the “Blackened Chicken

Caesar Wrap”. The other two sandwiches we order are on the “The Appeal” menu.

They are the “Chicken Salad Sandwich” and the “Grilled Ham and Cheese”.

Because I love cake, and they have a ton of desserts in a glass case in my eye sight, I also opt for a slice of cake. It is not on the menu, and it looks like a Hawaiian themed cake.

one, a Pinocchio themed one and even a Cabbage Patch Kids themed one. As I am writing this, the collection of lunch boxes makes sense to me, but at the time, it did not, and it made me laugh.

We pay for our food and then sit down, waiting for someone to call our name.

They are busy, so I think to myself it may take a while. Marcy and I chat for what feels like four minutes, and BAM! Our food is ready. Marcy and I open each sandwich. The bread is fresh, and the food smells delicious.

Order online at: tinyurl.com/EdisonLunch-Box-Order-Online.

I suggest you make the trip to the second floor next time you are in the courthouse and check out the Edison Lunch Box. It is worth the trip and obviously convenient.

I have been to every restaurant in downtown, so I feel confident I can say this place is comparable to other similar restaurants in terms of price.

Maybe even lower because I wasn’t expecting the additional four bags of chips that came with the food we ordered. It should also be noted Edison Lunch Box delivers in downtown Fort Myers.

As we clean up after ourselves, I notice along the side wall there is a huge array of lunch boxes. There is a variety of cool and vintage ones, such as a Mary Poppins themed

Edison Lunch Box

located inside the Lee County Justice Center 1700 Monroe St. 239-318-0094 Monday - Friday 7:30 a.m. - 3:00 p.m.

Photos left to right: Edison Lunch Box mission and values statements, vintage lunch boxes, grilled ham & cheese sandwich, chicken salad sandwich, vintage lunch boxes on display, patty melt on rye with grilled onions, blackened chicken Caesar wrap.

May 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 Agapija Cruz

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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, 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 Miller, PLLC. Boyle & Leonard & Anderson, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC. Calvo & Calvo, Attorneys at Law Che Diaz Law, LLC. Cole Scott & Kissane, P.A. - Fort Myers Freidin & Inglis, P.A.

Garvin Law Firm 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. Men's Rights Law Firm 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.

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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May 2022

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member spotlight

Lauren Baugh

•

I am the Executive Director of the Lee County Bar Association (which you probably know). And I am not an attorney! (which you may not have known). I have been the Executive Director since 2019, and I have been a Lee County resident since I was 3-years-old. Prior to the LCBA, I worked in a variety of administrative positions with other local businesses.

•

I love to mentor children. I find they are more open to talking about things with someone unrelated to them, who they view as a friend.

•

I have a dog and a cat. The dog is named Cooper, so when we are hanging out, I can say I am “hangin’ with Mr. Cooper”. My cat is named Kai, which is the name of a favorite anime character of my daughter, Eden.

•

I am terrified of swimming in any water other than a pool. I love to fish, but I don’t want to swim with them!

•

I LOVE music of all genres: country, rap, blues, rock; all of it. Music is a universal language, and no matter what language you speak, you can understand the vibe of the writer just by the tone in the music.

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May 2022

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sponsor spotlight

John Webb

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I was a Baseball Operations Intern for the Chicago Cubs before attending law school.

2.

During college, I played football at Northwestern State University in Natchitoches, Louisiana. I’ll give you extra credit if you can pronounce Natchitoches without cheating or having been there.

3.

Our John Webb Legal softball team has won a handful of co-ed championships in the Fort Myers YMCA league.

4.

I am an avid supporter of the City of Palms Classic Basketball Tournament. The tournament was formerly at Bishop Verot, and is now at FSW. It’s a tremendous basketball tournament that I have been able to enjoy with many family members and friends.

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I am a proud dog parent to Nala, the wonderful pup with me in the picture.

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in the news The Lee County Legal Aid Society’s “Baker’s Dozen Tasting Party & Silent Auction” has been rescheduled. The new event, "A Sweet Summer Social" will be held Thursday, June 23, 2022 from 5:30 - 7:30 p.m. at FineMark National Bank & Trust. Join us for hors d'oeuvres, an open bar, cake tasting and a silent auction of a "banker's" dozen: Thirteen fabulous cakes. Tickets will be available for $30 at leecountylegalaid.org. Honored guests, judges and attorneys may attend at no charge. All proceeds will benefit Lee County Legal Aid Society and their mission.

Judge Josephine Gagliardi is the Honoree at this year’s Lee County Association for Women Lawyers (LCAWL) Judicial Reception. Judge Gagliardi is a pillar in our community and has dedicated her life and career to helping others. We are looking forward to honoring all of our Judiciary and celebrating Judge Gagliardi’s achievements, including being named the Florida Association for Women Lawyers Jurist of the Year in 2020, the year she was originally chosen to be honored.

The North Law Firm, P.A. is pleased to announce Joseph North, Jr. has joined the firm. North earned his law degree from the Belmont University College of Law in Nashville, Tennessee, in 2020. After passing the Tennessee Bar Exam, North practiced law for more than a year with a large law firm in Nashville. He recently passed the Florida Bar exam.

Jim and Sue Kelleher, of Kelleher Law, are proud to announce their daughter, Mary Clare, and son, Jimmy both passed the Florida Bar exam.

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