Res Gestae - November 2020

THE FLORIDA BAR OPENS BAR EXAM TESTING Res Gestae celebrates 10 year anniversary THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • NOV 2020

contents on the cover

20

ad directory

The Bar is closed OPEN The Florida Bar opens bar exam testing Keith Grossman, Esq.

Cover: Original digital art compositioin by April Bordeaux

special feature

18

Celebrating 10 Years of Res Gestae Magazine Connie Ramos-Williams

18

departments 6 Letter from the President

Matt Roepstorff, Esq.

8 Letter from the Executive Director

Lauren Baugh

10 Calendar of Events

28 New Members 29 100 Club 30 The Dish

Zaxby's

Tiffany Pereira, Esq.

32 Legal Lens

12 Ethically Speaking

14 Practice Section

Henry Lee Paul, Esq.

Elder Law

Amy McGarry, Esq.

16 YLD Spotlight

Tiffany Pereira, Esq.

24 Guest Attorney Column

Family Law Committee

LCAWL "Quarantini" class

34 5 Things You Don't Know

About Me

Hon. Daniel Monaco

36 5 Things You Don't Know

About Me

Matt Irwin, Esq.

38 In The News

Shelly Finman, Esq.

26 Legal Lens

Flashback to 2018

Barbara M. Pizzolato, P.A. 35 Barclay's Real Estate Group 13 Bounds Law Group 11 Boy, Agnew, Potanovic 17 Business Observer 17 Calvo & Calvo Attorneys at Law 37 CONRIC PR & Marketing 25 CopyLady IFC Dal Lago Law 23 DeMine Immigration Law Firm 34 Denise Kennedy 23 Direct Impressions 35 Donna Tisch 13 Edison National Bank BC Frank Piazza, P.A. 15 Henderson, Franklin, Starnes & Holt, P.A. 33 Hurtado Immigration Law Firm IBC Law Firm of Scott T. Moorey 15 Law Offices of Dennis L. Webb 37 Law Offices of Dennis L. Webb,Justin Hales, Esq. 15 Leonard P. Reina 37 Livingston Law 29 Markham Norton Mosteller Wright & Company PA 32 McHale, P.A. 33 McHale Properties Co. 38 Men's Rights Law Firm 28 Morgan & Morgan 7 Musca Law Office, Inc. 3 REAS, Real Estate Advisory Services, LLC 23 Roetzel & Andress 35 Roetzel & Andress 33 Sexto Productions 36 Sheldon E. Finman, P.A. 9 Spivey Law Firm Personal Injury Attorneys, P.A. 5 Sproat Workplace Investigations 9 Stockman Mediation 29 The North Law Firm, P.A. 11 Wright Mediation 17

Our advertisers support the Lee County Bar Association.

30 4

RES GESTAE

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 As we enter our holiday season, we are called to give thanks for the blessings in our lives and to focus on things that truly matter – family, health, and time together.

LEE COUNTY BAR ASSOCIATION administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

executive council

Understandably, many find it more difficult to find the silver lining in this year’s hardships.

Job loss, illness, financial difficulties, and the physical and emotional toll from those events certainly clouds the ability to see the blessings.

However, as many of us in the legal profession know first-hand, everyone carries their own struggles in life. We all have the capacity to be thankful and help one another through the hard times.

In this season of thanks, I am immensely grateful for all who have answered the call to aid their neighbor and fellow man through those struggles and for those who maintain a thankful spirit in their service.

Continuing in that spirit of thankfulness, the LCBA Executive Committee is currently forming our agenda and calendar of events for next year with the intention of displaying our gratitude to all our members, sponsors, and community supporters. Your unwavering support for the LCBA and its mission in times of uncertainty is appreciated more than you know. We intend to recognize and show our thanks for that support in the next calendar year.

SECRETARY

Kathy Smith, Esq.

VICE PRESIDENT

TREASURER

Blake Hampton, Esq.

Tiffany Pereira, Esq.

YLD President - Tiffany Pereira, Esq. President Emeritus - John Webb, Esq. BOARD MEMBERS

Spencer Cordell, Esq. Peter Knize, Esq.

BENCH-BAR GALA

LAW RELATED EDUCATION

Danielle Butler, Esq.

T. Rankin Terry, Esq.

DIVERSITY AND INCLUSION

LAW WEEK

Ita Neymotin, Esq. and Kelly L. Fayer, Esq.

Hon. John S. Carlin

HEALTH AND WELLNESS

LCBA FOUNDATION CHARITY GOLF TOURNAMENT

John Miller, Esq. and Joel Hyatt, Esq.

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

HISTORY

MOCK TRIAL

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

Shaina Zuppke, Esq. and Eunice Gedeon, Esq. PRO BONO

Shanthy Balachanthiran, Esq.

practice section chairs

Also, our Member at Large elections for the 2021 LCBA Executive Committee continue to move forward. The full slate of Member at Large nominees is available, and it is imperative we receive your votes. This election will determine the future leaders of your Lee County Bar Association, and we have outstanding nominees who would all serve admirably and represent our Bar Association with the highest degree of professionalism and character. Submit your ballots by the November 16th deadline to ensure your vote is counted in selecting next year’s Executive Committee.

ALTERNATIVE DISPUTE RESOLUTION

Anne Dalton, Esq. and Bill Merchant, Esq. APPELLATE LAW

Alex Brockmeyer, Esq. and Matthew Irwin, Esq.

RES GESTAE

Luca Hickman, Esq. and Mark Nieds, Esq.

Leah Harwood, Esq. and Kathleen Fitzgeorge, Esq.

Erica Woods, Esq. and Sarah Spector, Esq.

ELDER LAW

REAL PROPERTY, PROBATE AND TRUST LAW

FAMILY LAW

Christina Holly, Esq. and Mellany Marquez-Kelly, Esq.

George Knott, Esq. and Carlos Kelly, Esq.

Leebar.org

INTELLECTUAL PROPERTY LAW

LAND USE AND GOVERNMENTAL LAW

Blake Hampton, Esq. and Amy McGarry, Esq.

Matt Roepstorff, Esq. matt.roepstorff@gray-robinson.com | 239.340.7936

IMMIGRATION LAW

Indera DeMine, Esq. and Nirupa Netram, Esq.

CRIMINAL LAW

GENERAL CIVIL AND BUSINESS LITIGATION

6

Michael-Anthony Pica, Esq. John Miller, Esq.

committee chairs

Please look for our announcements of a new slate of events and membership opportunities for 2021. Hopefully, we return to our live and collegial events, as recommended, and permitted, by health experts.

Lastly, on behalf of the LCBA and the entire Executive Committee, we wish everyone a warm and happy Thanksgiving! May your time be filled with great blessings, food, and quality time spent with loved ones – hopefully in-person with health guidelines permitting.

We look forward to an immensely strong finish to 2020, and please let us know how we can best serve you.

PRESIDENT

Matt Roepstorff, Esq.

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

Conor Foley, Esq. TORT LITIGATION

Dawn Maselli, Esq.

executive director's letter Fast track to 2021! It is November already!

The official award-winning publication of the Lee County Bar Association, which serves citizens and the legal community since 1949.

This year has truly flown by.

I am excited for the coming year, where we will be able to gather in person and enjoy all the networking, education, and social perks of being a member of the LCBA.

239.334.0047 resgestae@leebar.org

staff PUBLISHER

I trust we all enjoyed Halloween, and even though things were different this year, I am sure we all made the best of it and managed to sneak some sweet treats. Mairelis and I were able to “trick or treat” (more treat than trick) our Annual Sponsor Rockstars by treating them with various Halloweenthemed goodies. We called it “Boo’d by the Bar”!

Connie Ramos-Williams | 239.690.9840 Ext. 1001

EDITOR-IN-LAW

Tiffany Pereira, Esq.

MANAGING EDITOR Keith Grossman, Esq.

CREATIVE DIRECTOR April Bordeaux

ADVERTISING DIRECTOR

We cannot say “thank you” enough to our annual sponsors. Our sponsors play a major role in enabling us to host the events for our members. If you would like to join the list of amazing and generous firms and individuals who support the LCBA, please let me know. 2021 is going to be a great year, chock-full of great events. We would love to showcase your logo and promote your business on all our marketing materials and media streams! We will be sending sponsorship information, along with Membership Renewal information, soon. If you have any questions now, please reach out.

Linda Fiore | 239.690.9840 Ext. 1006

FEATURE WRITER

Keith Grossman, Esq.

CONTRIBUTING WRITERS Matt Roepstorff, Esq. Lauren Baugh Henry Lee Paul, Esq. Amy McGarry, Esq. Tiffany Pereira, Esq. Connie Ramos-Williams Shelly Finman, Esq. Hon. Daniel Monaco Matt Irwin, Esq.

When we think of November, we think of Thanksgiving and being thankful. While so many things have been cancelled or unable to happen in 2020, at the LCBA, we are grateful we were, and continue to be, able to count on our membership and our community to aid us in offering CLEs. We had some amazing presentations and look forward to continuing the Zoom option, even into 2021! We have embraced technology and are proud to say we will continue to offer Zoom, or similar options, for our various events.

If you have an idea for something you would like to see in 2021, please let me know. We are planning 2021 and are excited to work with our sponsors and members to host some really cool events!

In the immediate future, we are going to have our Annual Holiday Party, which is expected to be at The Edison. We will take precautions and follow the current CDC guidelines, while still enjoying our traditions. We look forward to seeing you there!

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.

I hope everyone has an amazing Thanksgiving and you know how thankful we at the Lee County Bar Association are for you and for your continued support.

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

8

RES GESTAE

5237 Summerlin Commons Blvd., Suite 307, Fort Myers, FL 33907 239.690.9840 | ConricPR.com | info@ConricPR.com Leebar.org

Sproat Workplace Investigations The employment law firm dedicated to responsible fact-finding.

We conduct thorough, timely and unbiased workplace investigations for employers and their counsel.

SWI is a law firm exclusively dedicated to empowering you and your clients to make sound workplace decisions.

Workplace Investigations • Investigation Consulting Investigation Training • Courtroom Testimony

239.676.0200 • VSproat@SWInvestigations.com

SWInvestigations.com

Vicki Sproat, Attorney

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.

Sheldon E. Finman, Esq.

2134 McGregor Blvd., Fort Myers, Fl 33901 November 2020

RES GESTAE

9

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

November

6

LCBA Virtual Member Meeting & CLE with Edison National Bank

Noon to 1 p.m. Speaker: Greg Blurton, Vice President of Edison National Bank.

Topic: “PPP: The Saga Continues…A look at where we’ve been, where we are and where we are going (we think)”

11

Veterans Day

LCBA and Courts Closed

12

Intellectual Property Virtual CLE with Henderson, Franklin, Starnes & Holt, P.A. Noon - 1 p.m. Speakers: Luca Hickman, Esq. and Mark Nieds, Esq. Topic: Competitive Advantage: IP Basics for Advising Business Clients

13

RPPTL Virtual Meeting

Noon to 1 p.m. Speaker: Kenneth Kemp, Esq. Topic: Claims of Creditors: An Examination of The Claim Process

13

Criminal Law Practice Section Virtual Meeting Noon to 1 p.m. Speaker: Pete James, ArcherHall. Topic: Cellphone Forensics: Applications in Discovery and Investigations

16 18

MAL Ballots Due to LCBA Office

Civil & Business Litigation Virtual Meeting & CLE

Noon to 1 p.m. Panelists: Hon. Leigh Frizzell Hayes, Hon. Tara Paluck, Robin Doyle, Esq. and John Miller, Esq. Topic: Remote Litigation and Ethics

19

Pro Bono Committee Virtual CLE

Noon to 1 p.m. Speaker: Indera DeMine, Esq. Topic: Nuts and Bolts of Starting and Running a Successful Solo Practice

26

27 29

Black Friday Holiday

LCBA Office and Courts closed

Health and Wellness Committee Virtual Meeting

Noon to 1 p.m. Speaker: Lisa Mann, MMS, PA-C of Park Royal Hospital. Topic: Mental Health Self Care in Demanding Roles

Upcoming Events - December

4

YLD Holiday Fiesta

Time and location to be determined.

Tijuana Flats to cater.

10

LCBA Member Holiday Party

5:30pm - 8:30 p.m.

The Edison Restaurant FREE to members

Thanksgiving Holiday

LCBA Office and Courts closed

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

10

RES GESTAE

Leebar.org

Finding hidden gems is our specialty.

Determining something’s value requires expertise. As specialists in medical malpractice, our single-minded approach leverages years of experience and a unique focus that provides us insight on cases many attorneys would overlook. You don’t have to be an expert in medical malpractice to unearth a gem–you just have to know one.

So the next time you think you’re staring at a rock, call us at (877) 644-5122 to discuss your client’s potential case. It may be more valuable than you know.

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

Maximum Referral Fees

Workers’ Compensation Wrongful Death Cases Pedestrian Accidents Bicycle Accidents Dog Bite Cases Slip and Fall Accidents Negligent Security Cases Settlements

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

Attorney Joe North

TheNorthLawFirm.com

November 2020

14241 Metro Parkway, Suite 200 Fort Myers

RES GESTAE

11

ethically speaking

Unprofessional conduct is cause for discipline by henry lee paul, esq.

T

he Florida Supreme Court has sent yet another message to lawyers acting in an unprofessional manner that such conduct may result in suspension. In The Florida Bar v.

Potts, SC19-42, the Court reversed the referee’s recommendation for a public reprimand and instead imposed a 60-day suspension.

Attorney Potts, who had only been in practice for less than five years, disparaged an unrepresented homeowners’ association (HOA) officer adverse to his client’s interests regarding HOA management and elections. Potts threatened civil liability and possible criminal sanctions and sent disparaging emails to the adverse party using such terms as “blithering ignoramus” and “…a liar as well as an ignorant coward”.

Potts asserted in defense unprofessional conduct is not a violation of The Rules Regulating The Florida Bar. The referee disagreed and found this defense was an aggravating factor in the determination of the appropriate sanction. The referee found Potts failed to acknowledge the wrongful nature of his conduct pursuant to Florida’s Standards for Imposing Lawyer Sanctions. In explaining the application of this aggravating factor, the referee wrote: “My concern is that,

12

RES GESTAE

without being sent an unequivocal message that his actions were not within the standards of ethical conduct and professionalism expected of members of The Bar, there is a high potential of recidivism by Respondent.”

The referee’s finding that Potts’ assertion that unprofessional conduct is not subject to discipline was an aggravating factor is a stark warning to practitioners.

The Supreme Court emphasized this finding when it reversed the referee’s recommendation for a public reprimand and imposed a 60-day suspension.

Professional conduct is no longer aspirational. The Supreme Court simply will no longer tolerate unprofessional conduct and may impose serious discipline for a violation of the Standards of Professionalism as defined In re Code for Resolving Professionalism Complaints, 116 So. 3d 280 (Fla. 2013).

It is significant the referee not only cited the civility provision of the Oath of Admission to The Florida Bar, he also cited and relied upon violation of the following Professionalism Expectations as being “persuasive”: 7.4 A lawyer should not permit a client’s ill will toward an adversary, witness, or tribunal to become that of the lawyer.

Leebar.org

7.5 A lawyer must counsel a client against using tactics designed: (a) to hinder or improperly delay a legal process; or (b) to embarrass, harass, intimidate, improperly burden, or oppress an adversary, party or any other person and should withdraw from representation if the client insists on such tactics.

The disciplinary landscape has shifted.

All members of The Florida Bar are wise to be mindful of and to conform with the Standards of Professionalism. Failure to do so puts a lawyer at risk for serious discipline.

It is often observed the best lawyers are also the most professional lawyers. It can now be said unprofessional lawyers not only risk harming the interests of their clients, they risk incurring the wrath of The Florida Bar with discipline imposed by the Florida Supreme Court.

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.

DONNA TISCH MED I AT I O N S • A R B IT R AT ION S

“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

Online Scheduling for Mediations and Arbitrations DonnaTisch.com 239.826.3644

November 2020

RES GESTAE

13

practice section: general civil and business litigation

ELDER LAW CLIENTS ARE EXCITED TO HUG THEIR LOVED ONES AGAIN by amy mcgarry, esq.

T

he Elder Law section of the Lee County Bar Association has exciting things for our Bar in the future. To round out 2020, and throughout 2021, we have planned video meetings, along with video educational presentations. Future topics will focus on: •

legislative updates,

•

updates to the Long-Term Care waitlists,

•

open enrollment for our clients on Medicare, and

•

Guardianship issues, including the new laws regarding “do not resuscitate” orders.

The meetings are open forums for members to come, ask questions, and discuss the latest issues. The goal of the Elder Law section is to expand our members’ education and assist fellow members in our legal community. This goal helps all Southwest Florida seniors. This area of the law can be complex; however, we can be here for each other and the community.

In addition to preparing estate plans and long-term care plans, most elder law firms are counseling clients on the challenging

14

RES GESTAE

COVID restrictions placed on the long-term care facilities since March 2020 (Executive Order No. 20-52, Emergency Management – COVID-19 Public Health Emergency).

On September 1, 2020, Governor Ron DeSantis and the Division of Emergency Management revised the visitation restrictions on the long-term care facilities.

Under the existing revisions, family and friends may visit their loved ones, with proper precautions in place. These precautions include wearing masks, screening visitors, establishing limits on the number of visitors allowed, scheduling visitation ahead of time, and cleaning and disinfecting visiting areas between visitors. As explained in further detail in the Agency for Health Care Administration’s Guidelines issued September 9, 2020, facilities must immediately implement procedures to enable essential caregivers and compassionate care visitors to visit residents.

Even if a facility has a COVID case within the last 14 days, the facility cannot restrict the essential caregivers and compassionate care visitors. The restrictions are only placed on general visitation. Essential caregivers and compassionate care visitors Leebar.org

do not have to maintain social distancing with the resident. Though, they do need to wear personal protection equipment. Our client families are excited to hug their loved ones again!

This has been a difficult time for many of our seniors and their families. Visitations through windows or FaceTime is not the same as in-person, and many of the seniors with dementia do not understand why their families cannot visit or enter the room to hug them. Sadly, many of the seniors have declined because of the lack of visitations with their families. Hopefully, with restrictions softening, our seniors will continue to get the love and support from their families that is essential to their wellbeing.

Please watch the Lee County Bar Association emails and website for announcements about our upcoming meetings and educational programs.

Amy McGarry is co-chair of the LCBA Elder Law section. She is Board Certified in Elder Law by the Florida Bar, and she practices in the areas of Elder Law, long-term life care planning, Medicaid planning, Veteran benefits and planning, Guardianship, and probate and trust administration. She is licensed to practice in both Florida and Ohio.

CRIMINAL DEFENSE

SCOTT T. MOOREY

275-5552 1430 Royal Palm Square Blvd.

Suite 101 Fort Myers, FL 33919

scott@GoodPeopleDoGetArrested.com

November 2020

RES GESTAE

15

YLD spotlight

October Wrap-Up by tiffany pereira, esq.

W

e started a busy October by joining the Lee County Association for Women Lawyers (LCAWL) with their COVID-19 in the Workplace CLE. What a great presentation Suzanne Boy and John Potanovic presented! Everyone definitely walked away with new knowledge.

We joined Ave Maria law students in a virtual networking presentation, where YLD members gave their best networking tips and tricks to attorneys-to-be. We also broke out and held mini-“speed networking” meetings. This is the event’s second year, and we hope to do it again!

Executive Director Lauren Baugh has gotten the hang of Zoom! Our Pro Bono Awards lunch was just as wonderful on

a digital platform as it would have been in person. I was happy to see so many of our YLD members honored for their pro bono work. I must admit, though, I am greatly disappointed this year’s pro bono challenge did not go as planned due to COVID-19. I can’t stress enough the importance of performing pro bono service, nor the need for it in our community.

The Legal Aid Society’s Self-Help Clinic is a great opportunity to help every week, and you can focus on your areas of knowledge. Simply wait for a topic you are familiar with and jump in to offer advice. I am comforted knowing if I don’t have an answer, a colleague does. For me, it’s always a learning experience.

We also finally held our rescheduled Criminal Law Update for Lee County CLE featuring Judge Devin George, Judge Tara Paluck, Judge Josephine Gagliardi, State

Attorney Amira Fox, Public Defender Kathleen Smith, and Clerk of Court Linda Doggett. What an all-star line-up and presentation! We were blessed to have a large attendance and so much good information. I was happy to see so many government attorneys involved. Thank you for joining us and thank you to our panelists for taking time to present!

The topic of thankfulness comes to mind, and I am thankful for you! I am thankful for this voluntary bar association, full of members who have gone from colleagues to close friends, and a Board I can always count on. I am thankful for this legal community, especially because there is always someone to act as a mentor or give advice to young attorneys.

I’m especially thankful I will finally see you again soon!

That being said… dun dun dun. I am excited to announce our Holiday Fiesta is Friday, December 4th, time and location TBD. Tijuana Flats will cater, and we will have plenty of games, prizes, and a special gift. We will announce our new YLD Board at this event, so please email me at tiffany@thepereiralawfirm.com if you are interested in a position.

I can’t wait to see you all there!

Tiffany L. Pereira, Esq. is a burgeoning food critic and solo practitioner who concentrates her law practice on transactional business and agricultural law. She serves on the YLD Board of Governors, as a member of the LCBA Executive Council and she is the president of the LCBA Young Lawyers Division.

16

RES GESTAE

Leebar.org

Meet your legal notice requirements with our broad coverage to publish in Lee, Collier, Charlotte, Sarasota, Manatee, Pinellas, Pasco, Hillsborough, Polk and Orange counties, or any combination of the ten.

NEED A PRICE ESTIMATE? Call 941-906-9386 Email: Legal@businessobserverfl.com • Electronic invoicing and E-filing capabilities • Professional staff to assist you • Low competitive flat rates • Qualified legal status • Online verification

XNLV18142

businessobserverfl.com

FLORIDA’S LEADING BUSINESS PUBLICATION

November 2020

RES GESTAE

17

special feature

Celebrating 10 Years of Res Gestae Magazine by connie ramos-williams

A

s I flashback 10 years ago, I recall sitting in the former LCBA office in downtown Fort Myers across from the former Lee County Bar Association Executive Director Nanci DuBois. CONRIC pr + marketing had been providing public relations and marketing support for the LCBA and Nanci called me into her office to discuss a new project.

She handed me a stack of Res Gestae newsletters and asked for my help in transforming the publication to one that would better reflect the professionalism of the organization’s members, as well as save the LCBA staffing and production costs.

At that time, the staff printed Res Gestae in black and white on an office copy machine. Nanci and one other LCBA staff member often worked overtime and weekend hours to collect ads and articles, print, fold, staple and mail each copy. She said it was a labor of love. One that cost the LCBA a great deal of time and money to produce each month.

Attorney Drew Epstein was the LCBA president that year, and it was his vision to transform the newsletter into a

18

RES GESTAE

professional color glossy magazine that LCBA members could be proud of.

Drew and Nanci knew I was the founder of the award-winning Southwest Florida Parent & Child magazine when they asked if CONRIC pr + marketing would be interested in publishing Res Gestae. I was ecstatic about the opportunity. One month later, I placed a proposal in their hands to present to Executive Council, and on November 1, 2010, the first issue of the Res Gestae color glossy magazine was launched.

Over the past ten years, our CONRIC pr + marketing team has had the honor of working alongside ten dynamic LCBA presidents, six executive directors, and dozens of executive council members to Leebar.org

publish an association membershipbased magazine that everyone can be proud of. Each president along the way has shared their individual vision to mold the direction of content and themes for each issue.

LCBA Cares became the theme in Scott Atwood’s year as president, which was

Photos top clockwise: Linda Fiore, Sara Fitzpatrick Comito and April Bordeaux with a Florida Magazine Association Charlie Award. Connie Ramos-Williams and Sara Fitzpatrick Comito accept a Florida Magazine Association Charlie Award for excellence in writing. The CONRIC pr + marketing team along with John Agnew (former LCBA president) and Lisa Poulin (former LCBA Executive Director), proudly accept a public relations award of excellence. The inside spread of the August 2015 Res Gestae issue buried in a time capsule.

then carried forward the next two years.

Over those three years, local nonprofits and the attorneys who serve them were highlighted. The #KindLee campaign was developed in Kelly Fayer’s year, leading the way to feature random acts of kindness throughout the pages of Res Gestae. In Anne Dalton’s year, topics for many of the monthly membership meetings coincided with the cover stories.

We have been fortunate to add Beverly Grady, and now Tiffany Pereira, as editorin-laws of the publication, both who have provided an appreciated legal lens when it comes to editorial planning and proofing.

Res Gestae has won numerous regional and state awards for excellence in writing, design and public relations over the past 10 years. Some memorable feature articles include the history of the Fort Myers courthouse, water quality issues, legalization of marijuana, and diversity and inclusion. The edition featuring the history of the courthouse is actually buried in a time capsule in downtown Fort Myers and will forever be a part of our local history. Very cool!

I am happy to report the days of LCBA staff working extended hours to fold and staple pages of the magazine together are long gone. Drew’s vision for the magazine has been realized, with each November 2020

president since 2010 expanding on that vision. It has been an honor to serve as the publisher of Res Gestae these past 10 years. An honor I do not take for granted.

We’re thankful for our relationship with the LCBA, its members and loyal sponsors and advertisers, all of whom we have come to know and respect over the years.

Our CONRIC team looks forward to seeing you all at an upcoming LCBA event to raise a glass and toast the past 10 years of Res Gestae’s success. Cheers!!

Connie Ramos-Williams is the president and chief marketing officer at CONRIC pr + marketing, founder of Southwest Florida Parent & Child magazine and publisher of Res Gestae magazine. She can be reached at 239-690-9840 ext 1001 or connie@conricpr.com.

RES GESTAE

19

by keith grossman, esq.

20

RES GESTAE

Leebar.org

P

assing a Bar Exam has always been a stressful challenge. For 2020 law school graduates, the bar got higher due to COVID-19. The coronavirus outbreak forced many states to change their plans for administering the Bar Exam in July 2020.

Although some states proceeded with a July test, they tried to mitigate risks by limiting exam seating, requiring masks and social distancing, and taking temperatures upon entrance. Out-of-state applicants would also have to abide by the state’s quarantine requirements.

Some states completely canceled the July exam and scheduled a fall test. Others proceeded with the July exam and scheduled another one for the fall.

Many states decided to administer the exam online only.

Florida originally scheduled the Bar Exam to be held in person on July 28-29, 2020.

applicants were apparently going wild on Facebook, but I had my devices turned off to focus on that day’s Bar study, so I did not find out about the change until several hours after the postponement was announced.”

The FBBE only scheduled the August online exam as a one-day exam focused on the Florida portion.

Alessandro Secino, also a law school graduate working at Henderson Franklin, says, “My reaction to this change was largely positive. I had more time to prepare and no longer had to worry about keeping track of the MBE and Florida distinctions. Plus Alessandro Secino taking the exam online removed the logistics of traveling, wearing a mask while taking the test, and being surrounded by other people during the height of the pandemic here in Florida.”

In April 2020, the deans of the 12 Florida law schools joined together to suggest holding the exam in multiple classrooms throughout the 12 law schools, so that the exam-takers could be separated in smaller groups.

In May, the Florida Board of Bar Examiners (FBBE) announced the Bar Exam would be held in two locations - the Tampa Convention Center and the Orange County Convention Center. At the time, the FBBE announced it had been working with the Florida Department of Health to establish safety measures for the expected 2,000 exam-takers.

The FBBE then canceled the online August Exam just days before the exam due to vendor software deficiencies. The news release said, “Despite the board’s best efforts to offer a licensure opportunity in August, it was determined that administering It felt surreal, and it took a secure and reliable remote Bar a good 48 hours for the news Examination in August was not to completely sink in that the technically feasible.”

FBBE wouldn’t be moving

forward with the August exam.

– Iman Zekri – law school graduate

On July 1, 2020, the FBBE announced it was canceling the July exam and rescheduling it for August 19, 2020 as an online exam.

Although the FBBE sent an email to the people registered for the exam, many of them initially found out about the date change through a friend.

Iman Zekri is a law school graduate waiting to take the Bar Exam and is working at Henderson Franklin. She says, “I found out about the first postponement by text message from a law school friend. The Iman Zekri news had been out for hours and

Florida was using the same software vendor as many other states, and the problems with the software are not limited to Florida. There have been reports of performance lags, crashing computers, and possible security breaches.

Zekri says, “It felt surreal, and it took a good 48 hours for the news to completely sink in that the FBBE wouldn’t be moving forward with the August exam. When you invest so much time preparing for an exam, the last thing you expect is a last-minute cancellation. Hearing the exam was postponed again was shocking, to say the least.”

On August 26, 2020, the FBBE announced the Bar Exam was rescheduled for October 13, 2020 as an online exam.

It is using a different software vendor. Those that were enrolled for the August exam are automatically enrolled for the October exam.

Zekri says, “I’m eager to put the stress of Bar prep behind me. Like many, I’ve been studying since May (since January if you count law school Bar prep courses) and I’m ready to move forward with my life and career. One of

November 2020

RES GESTAE

21

the biggest challenges is the strain the Bar Exam has put on my mental and emotional well-being. There’s a reason why Bar prep is traditionally limited to 10 weeks – it’s a high stress time and it’s not sustainable to live with that kind of stress for a long period.”

but now, a majority of this Court will simply allow over 500 Bar applicants to be given a license to practice law without any testing under the auspices of an ‘emergency.’

Certainly, there is no shortage of attorneys nor is there any emergency. The emergency, if any, is not allowing over 500 applicants into the practice of law without testing and a proof of competency.”

Many states are allowing their law school graduates to apply for a status as a temporary and supervised law practitioner. The temporary practitioner requirements typically include being registered for the Bar Exam, passing the character and fitness requirements of the state Bar Association, and being supervised by an experienced attorney.

At least one state, however, in reaction to COVID-19, is allowing recent law school graduates to practice without taking any Bar Exam. In July, the Louisiana Supreme Court announced it was granting “diploma privilege”. At the time, three of the seven Supreme Court justices dissented, saying the state was licensing unqualified attorneys who may be unfit to serve the public.

NCBE supports law school graduates practicing temporarily under the supervision of an attorney until they can take a Bar Exam. Florida is providing such a program.

I’m eager to put the stress of Bar prep behind me. Like many, I’ve been studying since May (since January if you count law school Bar prep courses) and I’m ready to move forward with my life and career.

– Iman Zekri – law school graduate

Candidates who previously failed the Louisiana Bar Exam are not eligible for “diploma privilege”. In addition to the attorney supervision component, Louisiana also requires the attorney licensed through “diploma privilege” to complete 25 hours of continuing legal education by the end of 2021.

The National Conference of Bar Examiners (NCBE), the organization that administers the multi-state portion of the Bar Exam (MBE), is not in favor of “diploma privilege”.

In a white paper the NCBE issued on April 9, 2020, it wrote, “Those advocating for emergency diploma privilege present it as a solution to permit law graduates to become licensed so they can begin working and reduce the financial impact of the crisis on themselves as well as serve the millions of people whose lives have been upended as a result of the pandemic. These are worthy goals that NCBE applauds and shares. However, diploma privilege is not necessarily the best way to achieve them.”

Justice James T. Genovese of the Louisiana Supreme Court wrote, “This Order labels this free pass as an ‘emergency admission.’ And I ask, ‘Just what is the emergency?’ There are over 22,000 lawyers licensed to practice law in Louisiana, all of which have taken a Bar Exam and are available for use by the public in general;

22

RES GESTAE

On August 24, 2020, Chief Justice Charles T. Canady issued Administrative Order AOSC20-80. It orders the FBBE and The Florida Bar to implement a temporary supervised practice program to allow eligible applicants to practice law until 30 days after the results of the February 2021 Bar Exam are released.

To be eligible, the applicant had to have a ticket of admission to the July 2020 Bar Exam. The other requirements include graduating from an ABA-accredited law school, passing the character and fitness requirements, and passing the MBE. Attorneys licensed to practice law in another state, and in good standing, are also eligible.

The applicant can only practice under the supervision of a “Supervising Attorney”. A supervising attorney is defined as any member in good standing for five years, without pending discipline.

Emma Clinger will be sitting for the October Florida Bar Exam. She does not need to apply for the temporary supervised practice program, however.

Clinger says, “I am probably a unique case in that I graduated from a New York law school and was able to take and pass the New York Bar Exam in February, while I was still a 3L, through a program called New York Pro Bono Scholars.”

Clinger, who is originally from Fort Myers, is now working full-time in New York and plans to find employment in Fort Myers in the future.

“I decided to begin working in New York, instead of postponing my employment for after the exam, because I do not have the financial freedom to continue to be unemployed and study for the next month.”

Leebar.org

Knowledge. Integrity. Results.

ucturing / Bankruptcy | Business Law | Commercial Litigation

• • • • • • •

Mike Dal Lago, Esq.

www.dallagolaw.com

BUSINESS FORMATION CORPORATE GOVERNANCE FIDUCIARY DUTIES INSOLVENCY MAT TERS OUT-OF-COURT RESTRUCTURING BANKRUPTCY REORGANIZ ATION CHAPTER 7, CHAPTER 11 AND SUBCHAPTER V BANKRUPTCY CASES • GENERAL CORPORATE COUNSELING

999 Vanderbilt Beach Rd. Suite 200 Naples, FL 34108

Christian Haman, Esq. | Mike Dal Lago, Esq.

2020

2020

239-571-6877 Business Law | Business Restructuring | Business Bankruptcy

g: Naples, Ft. Myers, Sarasota, Tampa & Orlando SERVING: Naples,

Ft. Myers, Sarasota & Tampa

4972 Royal Gulf Circle, Fort Myers, FL 33966 | 999 Vanderbilt Beach Rd., Suite 200, Naples, FL 34108

239-571-6877

www.dallagolaw.com

Court Appointed Receiver, Property Management and Specialty Oversight Kenneth P. Saundry, Jr. brings 42 years of business and real estate management experience to each Court Appointed Receiver assignment.

Foreclosure, or ‘Workouts’ Litigation Support Bankruptcy Property Oversight and Supervision Divorces Family Disputes Estates and Guardianships Excellent Experience working with Lenders, Attorneys and Court Supervised Assignments.

239.348.1114 RealEstateAdvisoryServices.co

Kenneth P. Saundry, Jr.

November 2020

RES GESTAE

23

guest attorney

Who you gonna call?

THE BENCH/BAR LIAISON! by shelly finman, esq.

I

f you had concerns on matters dealing with the local family law judiciary, how would you address it?

Would you communicate directly with the judge? It is not exactly a comfortable thought.

What about going over the judge’s head, if you will...say, to the Chief Judge or the Administrative Judge? This option seems somewhat chilling to the average law practitioner. Seeking guidance from the judge’s colleague! How would that work?

Maybe not such a good idea.

What about a protest? Can you see yourself carrying a banner on the sidewalk in front of the Justice Center? No way. The worst idea of all time.

How about taking a poll of attorneys?

While this may seem objective and a way to seek resolution, in fact, this approach can only result in the judge feeling

24

RES GESTAE

disparaged and singled out. Not good.

Approximately seven years ago, Judge John S. Carlin and I spoke seriously about ways to address this situation for matters dealing with the local family law judiciary.

Judge Carlin raised the idea of creating a Bench/Bar Liaison (BBL). This professional would be well known, respected by his or her peers, and respected by the judiciary.

Judge Carlin shared with me a BBL can also benefit judges, as judges sometimes feel an attorney may be acting in ways which are unprofessional, or may be tardy for hearings, or may be unprepared at hearings.

Judge Carlin and I agreed there is a need for establishing this role and service to the Bench and to the Bar. For many years, I have had unique opportunities working with former Judge Hugh E. Starnes, other judges, lawyers, court administrators, and Leebar.org

court staff in streamlining our local family law procedures. Along with mental health professionals, financial professionals, and others, we continue to serve on court committees and engage in various protocols designed to enhance the quality of the court system and services available to Lee County citizens.

In his capacity as Family Law Administrative Judge, Judge Carlin appointed me and Judge Mary Evans (before she ascended to the Bench) as BBLs. I now have this noble responsibility alone. We have observed good outcomes, as can be attested by those who have seen the process work. The details of those situations are not for me to discuss.

The protocol is for a Judge, a Magistrate, or an attorney to contact me, as the liaison, when there is a concern which needs to be addressed.

The problem doesn’t have to be the Judge or Magistrate has done or is doing wrong. Sometimes attorneys feel a judge is biased or has it out for the attorney. In fact, I facilitated a similar situation.

with them jointly in a facilitation mode.

This process is informal, and there are no records. This process is confidential and absolutely discreet. It could be the reason this process is not well known.

After being contacted, I speak with the attorney or Judge/Magistrate in more detail to understand if the situation warrants my involvement in my role as BBL. If so, I contact the Bench or Bar professional and let him/her know my contact is in the professional capacity of BBL.

If the problem involves unprofessional conduct, the goal is make the offending professional aware, so they can selfremedy or rectify the situation. The idea is to deal with the matter before it becomes a larger problem.

I do not pursue matters which are inappropriate for my role or do not rise to the level of my involvement.

After initial contact, if appropriate, I either discuss the concerns with the Bench professional or attorney alone or

If you have a family law matter with a situation as I’ve described within this article, and you would like my involvement as the Liaison, feel free to contact me at shelly@finmanlaw.com.

Shelly Finman is a Florida Bar Board Certified family attorney, co-creator of the Cooperative Divorce model, co-chair of the Family Law Advisory Group, and President of the Board of The Family Resource Center of Southwest Florida, Inc.

November 2020

RES GESTAE

25

legal lens flashback to 2018 In light of coronavirus cancelling face-to-face events for the past several months, Res Gestae is looking back at past events during the year 2018 while we all look forward to coming together in the future.

1. Kelly L. Fayer with her mother at the 2018 swearing-in luncheon.

2. Christina Harris Schwinn walks the cat-walk at the Down Stilettos event held at The Hotel Indigo and benefitting Dress for Success SWFL in January.

3. Hon. Carolyn Swift, previously Magistrate, presides over the Mock Trials held in February.

4. Denise Wheeler Wright, Hon. Tara Paluck and Hon. Devin George at the Past President's Luncheon held in March.

5. Hon. Robert Branning serving up deliciousness at the LCBA Shrimp Boil & Bar-B-Que held in March at the Alliance of the Arts.

6. The Roetzel & Andress team "suit" up to make a fashionable foursome at the LCBA Foundation Charity Gold Tourament held at the Plantation Golf & Country Club in May.

1

2

4 3

5 26

6 RES GESTAE

Leebar.org

7. Hon. Devin George, Adriannette Williams, Ita Neymotin and Michael Higer attending the 2nd Annnual Diversity Workshop & Luncheon held in June.

8. Kayla Richmond Miller, Tom Chase and Tiffany Pereira at the LCAWL Kickoff Happy Hour held in August at the Barrel Room.

9. Bruce Green and Beverly Grady at the Practice Section Membership Luncheon in September.

10. Linda Doggett and Cynthia Duff at the LCBA Pro Bono Awards luncheon in October.

11. Kate and Blake Hampton attending the 29th Annual LCBA Bench Bar Gala in November.

12. Hon. Andrew Swett, Dawn Maselli, Theresa Daniels and Hon. Archie Hayward celebrating at the LCBA Holiday Party held at The Veranda in December.

For more pics from 2018, check out the gallery at LeeBar.org

8

Photos courtesy of Jim Jett Photography

7

11

9

10

12 November 2020

RES GESTAE

27

new members

Madeleine Bischel, Esq.

VOTING CLOSES Monday, Nov. 16th at 5 p.m.

2021 Lee County Bar Association Executive Council Member-at-Large Nominees

Yeslow & Koeppel, P.A.

William Burchfield, Esq. Office of the Public Defender

Claudia De Jesus, Esq. The Mattar Firm, PC

Brett Gold, Esq.

Spencer Cordell, Esq.

Zinn Law, PLLC

Jennifer Gutmore, Esq.

Sabrina Morris, Esq. U.S. District Courts

Peter Knize, Esq.

Emily Rabun, Esq.

John Miller, Esq.

Office of the Public Defender

Travis Russell, Esq. Kathleen Smith, Esq.

đ&#x;Œš

MEN’S RIGHTS LAW FIRM Men’s Rights Aggressively Defended

Divorce • Custody • Child Support • Appeals An experienced team led by Board Certified Attorney Matthew P. Irwin, Esq. Advocating for men’s rights since 2003

We work to ensure that your legal interests are competently presented throughout your family law matter.

Free Telephone Consultation.

Practicing in Lee, Collier, and Charlotte Counties.

239.829.0166 • 4TheMen.com 2799 Del Prado Blvd., S. • Cape Coral, FL 33904

28

RES GESTAE

Leebar.org

xx 100 club Is your firm part of the 100 Club? Any firm with two or more attorneys and 100% membership in the LCBA qualifies.

Absolute Lsw, P.A. Aloia, Roland, Lubell & Morgan, PLLC. Arend & Sisk, P.A. Associates & Bruce L. Scheiner, P.A. Banker, Lopez & Gassler, P.A. Boy Agnew Potanovic, PLLC. Boyle & Leonard & Anderson, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC. Calvo & Calvo, Attorneys at Law Coleman & Coleman, PLC. Cole Scott & Kissane, P.A. - Fort Myers Florida Rural Legal Services, Inc. Garvin Law Firm Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg|Noone|Abraham Personal Injury Atttorneys Goldstein, Buckley, Cechman, Rice & Purtz, P.A. GrayRobinson, P.A. Green, Schoenfeld & Kyle, LLP Hollander & Hanukah, Attorneys at Law Henderson, Franklin, Starnes & Holt, P.A. John Webb Legal Group, P.L. Kelleher Law

Knott Ebelini Hart Law Offices of Dennis L. Webb, P.A. Law Offices of Michael M. Raheb, Criminal Lawyer Law Offices of Scott T. Moorey Lee County Legal Aid Society, Inc. Linde Law Group Men's Rights Law Firm O'Halloran & O'Halloran, Attorneys at Law Osterhout & McKinney, P.A. Patrone, Kemp & Bentley, P.A. Pavese Law Firm Roetzel & Andress, L.P.A. Rubinstein & Holz Scarmozzino Law Firm, P.A. Sheldon E. Finman, P.A. Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Simmons Law Firm, P.A. Strayhorn and Person, P.L. The McQuaggue & King Law Firm The Spivey Law Firm, Personal Injury Attorneys, P.A. Viacava & Cantor Attorneys at Law Viles & Beckman, LLC Zinn Law

If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.

COMPLEX CONSTRUCTION CASES PRESENT SPECIAL CHALLENGES. Mediation Works

Available for all circuit civil matters with a special focus in construction litigation.

Available for court ordered nonbinding arbitration.

William E. Stockman, Esq.

Certified Circuit Civil Mediator since 2010 AV Preeminent rated by the bar and judiciary

To Schedule a Mediation, Contact Bill:

239.826.3701

your i.p. co-counsel transactional or litigation EDWARD M. LIVINGSTON, ESQ. U.S. Registered Patent Attorney Florida Bar Board Certified Intellectual Property Attorney

S er v i ng S out hwest F l or i d a

Bill@StockmanMediation.com

naples ◆ fort myers ◆ sarasota 239.262.8502 ◆ ip@LLiplaw.com

LivingstonLawPA.com

StockmanMediation.com

November 2020

RES GESTAE

29

the dish

Not so

FAST...this F D has Local Roots! by tiffany pereira, esq.

A

dmittedly, I’m one of those people who drives past a fast-food restaurant and does not consider it as “local”. There was a Zaxby’s next to my law school campus, so friends and I would often run through the drive-thru and take our food to campus during lunchtime.

Upon moving back to Fort Myers, and seeing a Zaxby’s location on US 41, I never imagined one of my St. Michael Lutheran School teachers is the woman behind the restaurant!

During COVID-19, I was invited to join a Facebook group titled SWFL Strong, spearheaded by our favorite publisher – Conric PR & Marketing! SWFL Strong is a group that offers many things: support for those who need it, a news outlet, and a place where businesses can promote they are open, amongst other things.

ken, e than chic r o m e r a We unity the comm it’s about us. eople for and the p nger – Rusti Cli

with ranch. The portion is great, and the salad is just as delicious as a chicken tender salad you get in a sit-down restaurant. The produce is delivered fresh and is hand cut every morning.

My husband loves the Zax sauce, so he opted for a chicken tender platter he could smother with the sauce. I stole some of his

While scrolling one day in March, I noticed Connie Ramos-Williams’s post about Zaxby’s. One of the first comments was a “thank you” from Rusti Clinger. Could it be my former computer teacher is the franchisee here? Who knew?!

The next day, my husband and I opted to jump in the Zaxby’s drive-thru and get our chicken tender fix. A bonus is my son loves Zaxby’s chicken! Any time you can keep a toddler happy and quiet in the car is a good time!

RES GESTAE

I returned to the SWFL Strong group to thank Ramos-Williams and Clinger for posting about Zaxby’s. Franchises do not always sing “support local”. I decided to write a Dish about a franchise that does.

As it turns out, Clinger, a Fort Myers native, was inspired to start the business by her two children. When they traveled out of town for softball games, the kids always asked if they could eat at Zaxby’s, insisting one was needed Fort Myers.

Being a risk taker, Clinger partnered with Marie Mahan, another St. Michael connection, and they opened shop. Though Clinger continued to teach when the first store opened in 2014, she retired shortly after, celebrating over 20 years of teaching.

Since then, Clinger and Mahan opened a second store in Gulf Coast Town Center, and plan to open a third store on property they have acquired in Lehigh Acres.

While both partners work behind the scenes, Clinger enjoys working in the restaurants as well. She loves to hear a voice she recognizes over the speaker, followed by the familiar face of a repeat customer or friend at the window.

Rusti Clinger tells us, “we are more than chicken, it’s about the community and the people for us."

Rusti Clinger

I always choose the Zaxby’s house salad

30

perfectly seasoned fries. The white cheddar bites and fried pickles are favorite treats of ours as well.

Leebar.org

Chicken Finger Plate

Zensation Zalad

Chicken Fingerz Platter

Whether it is the guests or team members, the people are Clinger’s favorite part about this business. Clinger and Mahan have hired homeless people trying to get back on their feet, including one general manager who joined the restaurant when they opened. This manager turned her life around, regained custody of her children, and learned to find success in herself.

Regardless how the business performs, Clinger considers the manager’s story an example of their success. Though they boast the Zaxby’s name, they are not a true franchise in that they rely on the local community. They are local people, doing local things.

Between both locations, Clinger and Mahan employ over 60 people. Despite COVID-19 slowing them down a little at first, both locations remained open and continue to help their employees support their families – thanks in large part to community outreach. Clinger credits Conric and the SWFL Strong group for helping bring to life the idea that “shop small, support local” also covers businesses we do not normally consider “local”. After the Facebook group’s burst of support, business picked up tremendously and lines were around the building.

A true giver at heart, Clinger enjoys events hosted at the restaurants, including Spirit Nights to benefit local schools and athletics, as well as little leagues. During hurricanes, they feed FPL workers, other linemen, and police officers. They donate meals for kids to multiple organizations, and during COVID-19, they fed healthcare workers.

They continue find ways to give back to the community. This giving nature goes back to Clinger’s roots. She says, “You can’t shut that

Traditional Wings & Things

about what she does made me realize how much more Zaxby’s is than just a “franchise.” They truly are a family and go above and beyond to support their team members and community. Swing through and grab a bite or consider catering for your next function. Maybe you’ll get lucky and catch Clinger in the drive-thru! Her positive attitude radiates to anyone she comes across and is sure to brighten your day.

part of yourself off.”

I mentioned I never had a bad experience at either location. Clinger immediately responded, “It’s okay if it does happen; that’s a teachable moment for a team member.”

Clinger turns everything into a positive. She wants to hear from you if something isn’t right!

Zaxby’s offers catering, featuring large platters and portions of their most popular items. This is definitely something I wish I knew earlier this year when we were hosting our Young Lawyers Division lunches in person!

If you don’t need full-blown catering services, you can also pick up a Zax Family Pack on any trip through the drive-thru.

Featuring 20-count chicken fingers or 30-count boneless wings, both with sides, these are a fast option if you don’t want to show up to a party or football game empty handed!

Though this is not your typical Dish, it was an incredible learning experience for me.

Listening to Clinger speak so passionately November 2020

11791 S. Cleveland Ave. Fort Myers, FL 239.208.2128 Monday - Sunday 10:30 a.m. - 10:00 p.m. www.facebook.com/ ZaxbysFortMyers Tiffany L. Pereira, Esq. is a burgeoning food critic and solo practitioner who concentrates her law practice on transactional business and agricultural law. She serves on the YLD Board of Governors, as a member of the LCBA Executive Council, and she is the president of the LCBA Young Lawyers Division.

RES GESTAE

31

legal lens LCAWL held a virtual "Quarantini" class hosted by Denise Wheeler Wright in September. Fun was had by all as they learned how to create cocktails at home. Cheers!

1. Jennifer Gutmore, Denise Wheeler Wright, Stephanie Bendeck, Hon. Marcy Shaw, Kristyn Whitlow, Kayla Richmond Miller, Trini Soto Garcia, Beth Goerke, Ginine Hanco attended the virtual class.

4. Quarantini ingredients 2. Appletini 5. Bee's Knees 3. Aperol Spritz The next class will be held on Nov. 12th.

For more details, email: denise@wrightmediation.com.

3

1

2

4

5

Litigation Support & Forensic Accounting We are here for you in times of crisis and uncertainty.

Litigation can be a puzzle; fortunately, we have a qualified team of financial experts who dig into the details and piece together the facts, making complicated financial information accessible and understandable. From interpreting financial evidence to strategizing on the big picture to providing expert witness testimony for court, no matter is too large or too small.

8961 Conference Drive, Suite 1 / Fort Myers, FL / 33919 5185 Castello Drive, Suite 4 / Naples, FL / 34103 (239) 433-5554

www.Markham-Norton.com

32

RES GESTAE

Leebar.org

A FULL-SERVICE LAW FIRM WORKING WITH SOUTHWEST FLORIDA’S LEGAL COMMUNITY SINCE 1924

Lawyers for Lawyers.

Appellate Law

Business & Tax Planning

Divorce, Marital & Family Law

Estate & Trust Litigation

Intellectual Property

Mediation & Arbitration

Professional Negligence

Wills, Trust & Estate Administration

Named one of the “2020 Best Law Firms”

by U.S. News & World Report and Best Lawyers in America©

Adapting. Changing. Moving forward.

henlaw.com • 239.344.1100 Fort Myers • Bonita Springs • Naples legalscoopswflre.com • swflbusinessandipblog.com ©2020 Henderson Franklin Starnes & Holt, P.A.

McHale, P.A. Roetzel & Andress has an immediate opening for a Real Estate/Community Association Associate Attorney to join its Naples office.

• Expert Witness Testimony • Forensic Accounting • Litigation Support • Bankruptcy Matters • Receiverships • Distressed Business

Management

Our ideal candidate will have a strong academic resume and ties to Southwest Florida. Experience in commercial and residential real estate, commercial loan documentation, and community association general representation are preferred but not required. This is a great opportunity to join a vibrant and growing practice.

Must be a member of the Florida Bar in good standing, have strong networking skills and excel in a team environment.

Qualified candidates should submit a cover letter, resume, references and compensation requirements to Julie Koenig-Hill at jkoenighill@ralaw.com.

Roetzel offers competitive compensation and excellent benefits.

Roetzel is an Equal Opportunity Employer.

Roetzel & Andress maintains a policy of non-discrimination and inclusion with respect to all employees and applicants for employment. All decisions as to employment with the Firm are governed solely on the basis of merit, competence, and qualifictions, and are not influenced or informed in any manner by the employee’s or applicant’s race, color, religion, sex, age, national origin, ancestry, disability, marital or parental status, sexual orientation, gender identity, military status, veteran status, or any other basis prohibited by statute.

ralaw.com

November 2020

RES GESTAE

33

judge spotlight

Hon. Daniel Monaco

1. In 1954, at age 18, I contracted polio. I spent 8 months in an Orthopedic hospital. I graduated from high school during the time I was in the hospital.

2. My first job was running an elevator in a department store. I earned $36 per week.

3. I took a civil service exam as well as attended college classes at night at Russel Sage University in New York. The college was behind the office building where I worked. Because I was having a problem walking, especially on ice and snow, I attended law school in sunny South Florida at the University of Miami. I started my legal career in Naples in 1967. At that time, there were 24 Attorneys in Naples.

4. During my career, I have tried numerous jury trials from Murder One to personal injury cases. I went on the bench in 1996 after serving in volunteer roles with the Collier County Bar Association and the Twentieth Judicial Circuit Nominating Commission.

5. The summer before I got polio, I joined the United States Marine Corp. I was placed in a Reserve Company until I graduated from high school, and had gone to training at Camp LeJeune. While I was in the hospital, my Company Commander sent the rest of my Company all over to get photographer Joe Rosenthal’s autograph on the iconic picture he took of the flag-raising on Iwo Jima. I received mine in the hospital, and I still have it. I received an Honorable Discharge.

34

RES GESTAE

Leebar.org

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

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

Since its inception in 1985, Direct Impressions continues to produce Southwest Florida’s highest quality commercial printing, digital printing, and effective direct mail campaigns.

(239) 225-7911

Call today to see how we can grow your business!

12751 New Brittany Blvd. Suite 402 Fort Myers, FL 33907

1335 MIRAMAR STREET • CAPE CORAL, FL 33904 239.549.4484 • WWW.DIRECTIMPRESSIONS.COM

PIZZOLATOLAW.COM November 2020

RES GESTAE

35

member spotlight

Matt Irwin, Esq.

1. I am originally from the Philadelphia area, but left all of my family and friends behind to move to SWFL in 2010 to pursue my goals of running and building Men’s Rights Law Firm. It has been a difficult, but fulfilling, trade-off over the years.

2. I have been with my amazing wife Theresa for almost 14 years. Aside from my exceptional law firm staff, she gives me great feedback and support...something everyone in the family law business needs from time to time.

3. I love to play guitar and listen to all kinds of music. When I have the time, I try to attend at least one or two concerts per year.

4. I became an Eagle Scout in 1996. Not sure if I still remember how to even make a fire, though. Camping in the Florida heat/ mosquitoes isn’t high on the list of things to do these days.

5. I am looking forward to getting back into the courtroom after months of Zoom proceedings! The pandemic restrictions have made me realize how much practicing law in-person with my colleagues on the bar, and on the bench, has become a part of my life.

36

RES GESTAE

Leebar.org

4,000 mediations 1980 - 2020

Experience Makes the Difference.

LPR November 2020

Leonard P. Reina, Esq. mediator

239.263.2059 â– LReina@LPReina.com RES GESTAE

37

in the news The Florida Bar Board of Governors has named Laird A. Lile, a board-certified wills, trusts and estates attorney in Naples, to the COVID-19 Pandemic Recovery Task Force. Chaired by Florida Bar President-Elect Michael Tanner, the task force will study the impact of the COVID-19 pandemic on Florida’s legal profession, identify key issues facing citizens of Florida and Florida Bar members, and advise The Florida Bar president and executive director on how to best address these key issues.

Kathy Smith, Public Defender for the 20th Judicial Circuit, was recently reappointed to the Supreme Court Steering Committee on Problem Solving Courts. The purpose of the Steering Committee is to address the needs of court- engaged individuals with mental health and substance use disorders through differentiated case management principles and evidence-based emerging best practices. This term will focus on developing best practices for juvenile drug courts and for DUI courts.

Goldstein, Buckley, Cechman, Rice & Purtz, with offices in Fort Myers, Cape Coral, Lehigh Acres, Naples and Port Charlotte, has launched a redesigned website, JusticeStartsNow.com that offers a fresh look, improved functionality and user-friendly navigation to create an enhanced experience.

The Lee County Bar Association is proud to announce our new Intellectual Practice Section Co-Chaired by Luca Hickman, Esq. and Mark Nieds, Esq. with Henderson, Franklin, Starnes & Holt, P.A. The first CLE is being offered on November 18, 2020.

Dal Lago Law, a leading business and bankruptcy boutique law firm based in Naples, announced that it has opened another office in Fort Myers. On the heels of the firm's five year anniversary, Dal Lago Law is expanding in order to meet its higher demand and better service clients. ''I'm excited to be expanding in a dynamic market like Fort Myers," said Mike Dal Lago, Founding Partner of Dal Lago Law. The firm offers legal services in the areas of workouts, debt restructuring, and business reorganizations by utilizing Chapter 11 and Subchapter V of the Bankruptcy Code, or Chapter 7 liquidation.

ADVERTISE HERE! Contact Linda Fiore 239.690.9840 or Linda@ConricPR.com

38

RES GESTAE

Leebar.org

L A W

F I R M

Providing a beacon of hope for

A BETTER LIFE A full-service immigration law firm: • • • • •

Investor Visas (E-2, L-1) Waivers Visa Petitions Abroad U.S. Citizenship Green Cards

• Marriage and Family Petitions • Religious Visas • Removal/Deportation Defense

An empathic approach and a global presence.

“We couldn’t have asked for a better team to represent us... They guided us through the lengthy process with the best advice, patience and the utmost professionalism. They really cared about our file and were always there for us along the entire way! When we finally got our E2 visa and visited them at their office they were sincerely happy for us like your own family would be. We highly recommend Pablo and his entire team...” ~Elke and Fredrick

(239) 309-2558 HurtadoLawFirm.com 4461 Camino Real Way • Fort Myers, FL 33966

Pablo Hurtado, Esq.

PRSRT STD U.S. POSTAGE

PAID

FT. MYERS, FL PERMIT NO. 147

P.O. Box 1387 | Fort Myers, FL 33902-1387 (239) 334-0047 | Fax (239) 334-0523 LeeBar.org

ENB ad

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

“WE DON’T DISCARD TRADITION. WE

reinvent it. ”

— Robbie Roepstorff, President (pictured with Geoff Roepstorff, CEO, left and Dave DuVall, Chairman, right)

You

get the same great customer experience at each of our convenient locations because of our dedication and commitment to make banking about you.

We’re Standing Strong with Money to Lend. Experience the benefits of joining Edison National Bank/Bank of the Islands.

Edison National Bank/Bank of the Islands customers enjoy:

• free online and mobile banking • no-fee access®to their account funds at any Publix

Presto! ATM

• free bill pay services for personal account holders

• courier and cash management services for business clients

• streamlined processing for all loans

including commercial and residential mortgage loans

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

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