Res Gestae - November 2022

I’m sure the first word that comes to mind when most of us think of November is Thanksgiving. We write these articles about a month in advance, so I assumed I would be writing to you today to tell you how thankful I am that we welcomed our daughter, Camila Lenore Russell, into this world

on September 23rd. Little did I know what would come a few days later.

Hurricane Ian has taken something from each and every one of us; some more than others, but all of us have lost. My heart goes out to our members who lost loved ones, lost their homes, and have irreparable damage that will stay with them forever. While our farm was ravaged, our damage was nothing compared to my parents who lost everything. The home my mom grew up in; the home my sister and I grew up in; the home where my children played while I went to work. It breaks my heart to know that several of our members are in the exact same situation.

Please know that the LCBA is here for you. I encourage you to reach out to me, Lauren or any of our Executive Council members if there are any specific needs you or your loved ones have. We are ready and willing to help.

We have decided to cancel several of our upcoming events, including the Bench Bar Gala, as there are many other avenues that are much more important to direct funds and attention to right now. Our Foundation is working diligently to create a relief fund for those in the legal community (not just attorneys) who need assistance, with more information coming soon.

We have a plethora of information and resources available to residents in affected areas, with one resource being the Florida Bar YLD Disaster Hotline. It can be reached 24/7 by calling (866) 550-2929. In partnership with the American Bar Association, this hotline connects qualifying survivors with legal issues to receive pro bono assistance. Call the LCBA office for more resources.

As our community comes together to rebuild, we enter the holiday season with a different sense of thankfulness this year. I am amazed by our members who have put their own needs aside to distribute supplies, provide legal advice, help clean up and just be neighborly during this catastrophic time. Thank you all for everything you have done.

Tiffany Pereira, Esq. 239.332.1181 | thepereiralawfirm.com

LEE COUNTY BAR ASSOCIATION

administration

Executive Director - Lauren Baugh

Administrative Assistant - Mairelis Tamayo executive council

PRESIDENT Tiffany Pereira, Esq. VICE PRESIDENT Spencer Cordell, Esq.

SECRETARY Peter Knize, Esq. TREASURER Hon. Kathleen Smith

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

BOARD MEMBERS

Travis Russell, Esq. John Miller, III, Esq. Andrea Pleimling Smith, Esq. Diana "Dawn" Maselli. Esq. committee chairs

BENCH-BAR GALA

Diana "Dawn" Maselli, Esq. DIVERSITY AND INCLUSION Kelly L. Fayer, Esq. and Ita Neymotin, Esq.

HEALTH AND WELLNESS John Miller, Esq. and Hon. Kimberly Davis Bocelli

HISTORY

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

LAW RELATED EDUCATION T. Rankin Terry, Esq.

LAW WEEK

Hon. John S. Carlin

LCBA FOUNDATION

CHARITY GOLF TOURNAMENT Shannon Puopolo, Esq. and Kenneth A. Jones, Esq.

MOCK TRIAL

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

PRO BONO

Andrew Banyai, Esq. and Michelle Trunkett, Esq.

practice section chairs

ALTERNATIVE DISPUTE RESOLUTION

Anne Dalton, Esq.

APPELLATE LAW Alex Brockmeyer, Esq. CORPORATE LAW 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.

IMMIGRATION LAW

Indera DeMine, Esq. and Nirupa Netram, Esq.

INTELLECTUAL PROPERTY Mark Nieds, Esq. and Holly McFall, 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.

Although you will read this letter in the November issue, in the publishing world, we write these the month prior. I am writing this letter to you nearly two weeks past our typical deadline. For those unaware of what happened here a few weeks ago, we went through the traumatic event of a nearly Cat 5 Hurricane.

My family and I are ok, and while we have suffered quite a bit of property damage, we are alive and well. The LCBA office was VERY lucky. While I write this, we still do not have internet, but we have power, which is more than some in our area.

I am happy to report that many other VBAs in the State of Florida and the Florida Bar reached out and offered any assistance we may need. Scott Westheimer, our Florida Bar President-Elect, also reached out to me and asked what I needed. I cannot express enough what an amazing of a person he is! The Florida Bar YLD BOG, who traveled on I-75 from Tampa for 9 hours to bring Tiffany Pereira much-needed items, which she had no access to at the time (baby wipes, bottled water, snacks, batteries, propane, gas…the list goes on). I also want to thank Teresa Conte with the Clearwater Bar Association, who checked in daily and The American Bar Association, who also reached out to check on our membership.

Braulio Rosa and Diana Castrillion with the Broward County Bar Association who gathered goods, items and anything they could collect and traveled to Lee County to bring these items to the Salvation Army and Red Cross.

Melissa Byers with the St. Pete Bar Association reached out and is offering FREE CLE webinars to our members. If you would like to attend, please email me and I will get you credentials to attend. We have an amazing family of Florida Voluntary Bar leaders who will selflessly volunteer to help others.

By now, I am sure you have heard we have decided to cancel this year’s Bench Bar Golden Gala. We simply cannot justify hosting this event with so many members suffering losses, so many businesses suffering, some of us without basic household needs, etc.

We are NOT canceling our Holiday Party at the Burroughs Home on December 8 and are VERY much looking forward to an amazing event. We hope you will all come and enjoy the party we have planned.

If you or your family need assistance, please reach out and I will do my very best to connect you with a resource that can assist you. Thank you for your patience and understanding. Take care and thank you!

Lauren Baugh, Executive Director

LBaugh@LeeBar.org | 239.334.0047 Ext. 102

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

239.334.0047 ResGestae@LeeBar.org staff

PUBLISHER

Connie Ramos-Williams | 239.690.9840 Ext. 1001

EDITORS-IN-LAW

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

MANAGING EDITOR Keith Grossman, Esq.

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FEATURE WRITER Keith Grossman, Esq.

CONTRIBUTING WRITERS

Tiffany Pereira, Esq. Lauren Baugh Henry Lee Paul, Esq. Pablo Hurtado, Esq. Sarah Owen Jeannine Joy Joan Henry, Esq. Jonathan Martin, Esq.

CONTRIBUTING PHOTOGRAPHER Jim Jett Photography

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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.

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Admitted to practice in Southern District, Middle District and United States Supreme Court Litigated cases throughout the United States Some of our achievements: Former 20th Judicial Circuit Elected State Attorney

Former President of the Lee County Bar Former Chair of the Florida Bar Grievance Committee 20th Judicial Circuit

Former City Attorney of Fort Myers

Original Master and Founding Member of the Calusa Inn of Court

Voted 2017 Lawyer of Distinction-Top 10% in the United States

Former Lee County Court Division Chief of the State Attorney’s Office

of National

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All 3 Partners Voted by peers as SW Florida’s Top Lawyers in Naples Illustrated

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of Law

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Voted one of Gulfshore

Discipline regarding prospective client conflict provides reminder

by henry lee paul, esq.

Arecent discipline case provides a reminder to all practitioners to be mindful of the provisions of Rule 4-1.18 (Duties to Prospective Client).

In The Florida Bar v. Oliveira, SC22-582, a lawyer received a public reprimand for engaging in a conflict of interest in violation of the rule. This case is an example of the adage that the most important decisions a lawyer makes are which cases not to accept.

Mr. Oliveira (Respondent attorney) was contacted by a prospective client regarding a claim of theft against an individual that Respondent believed was a former client. Respondent advised the prospective client of this belief. Despite this concern, Respondent had a 16-minute phone conversation in which he allowed the prospective client to describe the complained-of conduct and of his desire to sue the Respondent’s former client. Further, the prospective client emailed Respondent documents related to the alleged misconduct of the former client.

Respondent subsequently confirmed to the prospective client that he had in fact previously represented the intended defendant and that because of this, he could not represent the prospective client in a lawsuit. If Respondent had refrained from any further involvement in the case, he would have avoided the eventual discipline.

The prospective client hired other counsel and filed a lawsuit against the former client of Respondent. Soon thereafter, Respondent

appeared as counsel of record in defense of the former client. The prospective client filed a motion to disqualify, which was contested by Respondent. In response, Respondent discounted the obligations of Rule 4-1.18 and erroneously argued that he should not be disqualified because he had not represented the prospective client in the past. The defense revealed that Respondent substantially misstated the affirmative obligations owed to a prospective client. The motion to disqualify was granted. The prospective client also filed a bar complaint against Respondent.

The Florida Bar prosecuted the case and alleged that Respondent received “privileged and confidential information” from the prospective client. There was no allegation in the formal complaint that Respondent used the information obtained to the detriment of the prospective client. Respondent denied receiving privileged and confidential information, but ultimately agreed to a consent judgment admitting violation of the rule.

The referee found that Respondent had negligently failed to avoid a conflict of interest.

It was further noted that Rule 4-1.18(d) contains a provision that would allow for waiver of the conflict through informed consent in writing given by both parties. Respondent made no attempt to obtain such a waiver.

In his answer, Respondent asserted an unsuccessful affirmative defense that the disqualification in the trial court did not provide cause for discipline. Respondent had several opportunities to decline or terminate representation. Instead, he continued to ignore the interests of his potential client.

This case should provide a reminder to all practitioners to be cautious when communicating with a prospective client and to be mindful of the provisions Rule 4-1.18. Even a brief communication with a potential client can create a disqualifying conflict.

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.

Former

Ladies in Law

by keith grossman, esq

Who runs the world? If you ask the ladies, you know the answer you’ll get. And maybe they do run the world. More importantly, for the purpose of this publication, how are they doing in the legal profession?

Law360 Pulse released its annual “Glass Ceiling Report: Women In Law” in August of this year. The report shows only a moderate increase in the number of female lawyers working in US law firms. Currently, only 38.9 percent of law firm attorneys are women, and only 27 percent of female attorneys are partners. According to Law360, these figures are “nearly identical results to last year’s report.”

Certain practice areas remain maledominated. For example, only 12 percent of the attorneys who litigated before the Patent Trial and Appeal Board were women. Additionally, female criminal and appellate lawyers were underrepresented. However, women now make up 49 percent of associates.

Sadly, female attorneys have stories of being treated differently than males. Attorney Eve McClurg says, “Early in my career, I was sent to a conference to learn Workers' Comp. I was told when I got there to meet with the senior partner from the west coast, so he can tell me where to go, what to do and introduce me to people. The firm and adjusters were at a party. I was finally introduced to the partner, who hit on me, tried to touch me and was very explicit about what he wanted me to do. I was offended, left and did not go near him the rest of the weekend. When I got back to the office in Fort Myers, I didn’t say anything to anyone. I was told that the partner from the west coast told my boss that I was rude, and the adjusters did not like me. I

showed my boss all the contacts I made and the adjuster friends I made. My boss was a woman, so I confided in her what happened. She told me that sometimes you have to do whatever it takes to get ahead and told me I had to apologize to him. I quit. Which was really difficult given that it is a small legal community and I had to quit my first job. I am not from here, so I didn’t have any ties or referrals to obtain other employment. I was really upset at the time.”

Attorney Danielle Levy Seitz also had a negative experience. She says, “I had a bad experience with an attorney in Fort Lauderdale that made comments to me about considering making it mandatory that I wear a skirt. He also commented that he thought I should straighten my hair all the time. He placed his hands on my back and commented to me that he is ‘handsy’. I definitely didn’t stay there long.”

She adds, “(When I clerked at a local law firm), some of the partners treated me very differently compared to a male, who was also clerking. Interestingly enough, I find that from time-to-time clients tell me that they are seeking out a female attorney for any number of reasons. Sometimes because of how they believe the other party may respond to a female attorney, and sometimes because they say that their perception is that women can be more aggressive.”

There is also a feeling among women that strong and assertive character traits in women are perceived negatively, whereas the same traits in men are admired.

There are law firms actively attempting to attract and retain female lawyers. Some firms have established programs to provide their female attorneys with opportunities for mentorship, collaboration, professional development and growth both in the firm and throughout the community.

As another step towards the goal of attracting female attorneys, firms are creating policies allowing for parental leave and flexible work schedules. Seitz says, “Having some flexibility to be able to work remotely can benefit all attorneys, no matter of gender. Traditionally, women fill more caretaker roles that may not be conducive to working in a traditional 100% in-office work schedule. I haven’t ever received any genderspecific training or guidance on navigating life as a female attorney, but I also haven’t sought it out. There may be some biases I’ve been exposed to that I haven’t even been aware of, because, to be honest, I’ve never viewed myself as less deserving or less capable because of my gender.”

Law firms are also recognizing it is important for female lawyers to see other female lawyers elevated into partnership and leadership positions. Seitz says, “I think firms having female partners probably are more likely to attract other female attorneys. I know some female attorneys working at firms where all the partners are male, and I think there is some concern about whether their gender will be a barrier to them becoming a partner.”

McClurg says, “(I have worked) for myself during a large part of my career. I worked for a large firm before and was always provided the same resources as the male attorneys. I believe they wanted me to succeed.”

Attorney Eve McClurg

Attorney Danielle Levy Seitz

Self-Help Center benefits everyone in the legal community

by kevin karnes, lee county clerk of the court & comptroller

As the gateway to the court system, the Lee County Clerk’s office is often the first point of contact for many justice seekers. To address their needs, the office opened a Self-Help Center on the first floor of the Justice Center in March 2018. Soon after, free legal consultations were launched in partnership with Lee County Legal Aid Society.

Each year, The Honorable Linda Doggett Self-Help Center has been instrumental in helping thousands of customers resolve small legal disputes or concerns. Many of these self-represented litigants are seeking a basic understanding of their legal circumstances and cannot afford an attorney, so it is critical that services are available to walk them through the process. Due to Hurricane Ian, we are also expecting a large increase in civil lawsuits to settle disputes with contractors and insurance companies.

The Center has two Justice Navigators

who assist with court form preparation for a variety of civil and family matters, such as simplified divorces, adult name changes, domestic violence petitions, evictions and small claims. They also assist with obtaining and e-filing court documents and viewing child/family support payment history. Customers can also easily file cases using TurboCourt. com, an online case filing system.

Since the Justice Navigators are not attorneys, customers can schedule free, virtual 20-minute legal consultations with a Legal Aid attorney. The consultations provide self-represented litigants with the necessary legal resources available to them that they otherwise would not be able to receive. The attorneys cannot represent the customer in court, and they do not assist with criminal cases, intellectual property or maritime matters.

By providing basic assistance, the SelfHelp Center helps filers avoid common pitfalls that would delay their cases and

take valuable time and resources away from judges, magistrates and the Clerk’s office. Since many are unfamiliar with the legal process and courtroom protocol, self-represented litigants may not know how to file the proper paperwork in a timely manner. Legal Aid attorneys are available to assist, and they play a vital role in ensuring self-represented litigants avoid common filing mistakes. If you would like to contact Legal Aid, call 239-334-6118 or email Nanci DuBois at nanci@leecountylegalaid.org.

Attorneys in the courthouse can also benefit directly from the Self-Service Center. You can stop by weekdays from 8:30 a.m. to 5 p.m. to use any public access computers and to get documents notarized, certified, printed and copied. Our online Self-Help Center at www. leeclerk.org/selfhelp also features “How To” video tutorials on a variety of Clerk services. To learn more about the SelfHelp Center, call 239-533-2835 or email justicenavigator@leeclerk.org.

IS YOUR FIRM'S IT PREPARED FOR THE NEXT STORM?

by pablo hurtado, esq.

In my preparation for writing this article, I quickly realized many of the articles and CLEs presented on IT hurricane and disaster preparedness are written after a natural disaster. Just in the last 5 years, SWFL has endured Irma, the pandemic, numerous tornadoes, and our run-of-the-mill summer afternoon deluge with lightning strikes that knock off power right before we end our day. When we thought we were going to get through the 2022 hurricane season without being in the cone of uncertainty,

Hurricane Ian inched its way toward us. It made a hard right at the last minute and brought historic catastrophic damage to our beloved paradise where we live and work.

Many of our friends and loved ones have lost everything. To those of us fortunate enough to have survived, we assessed the damage to our possessions, our homes, our businesses and our law practices. We wondered when we could get back to serving our clients.

Business continuity is crucial to the health

of any community in disaster recovery and redundancies is the key to business continuity. Below are four redundancies to prepare your practice for business continuity when a natural disaster strikes.

Manage the Redundancies

First and foremost, the firm must decide who will be managing these redundancies. I attended a CLE regarding IT and law practice management, and the speaker was asked who handled their law firm’s IT. I was shocked when the CLE speaker nonchalantly explained it was a buddy

from college who had a cousin that “did websites”. This cannot be how we manage the critical data our law firm possesses and is responsible to steward.

This not only includes client data, but employee data, firm financials, and other confidential information. As a practitioner in the year 2022, we must come to terms with the fact that IT is a critical operational component of our business that requires not only a full-time position, but 24/7 365 days a year monitoring. Too many lawyers are either trying to play the role themselves or having a non-IT professional on staff or acquaintance be their “IT guy”.

As fiduciaries, business continuity must be a priority, and I highly recommend law firms, even small solo practitioners, consider an ITmanaged service provider (MSP). MSPs are third-party companies that serve as the firm’s IT department. Besides taking care of your everyday IT needs, workstation and network management, security, password management, dual authentication, licensing for software, integration of client management services, automation, and numerous other daily IT needs, they would be creating and maintaining the redundancies I detail below, as well as advising on new technology to ensure business continuity.

on the office network — such as a shared drive, server, or cloud — or on a variety of cloud-based apps. Because data is in so many different areas, each requires its own special attention and strategy.

The bulk of client data and firm work product is usually stored in some form of a shared drive. Today there are many solutions on how to save this data, back

There will be a next Hurricane Ian, and even if it is not of the same magnitude, there will be other instances where these four redundancies will establish you as the firm that was ready to serve clients during the latest crisis.

properly can also cause destruction. Again, another reason why to strongly consider an MSP.

Connectivity Redundancy

Having a team of IT professionals preparing you every day for the inevitable disaster may be the single most important aspect. Plus, you want to be able to instantly access IT professionals who know your exact strategy and all its nuances before, during and after the storm or disaster event. This is what best ensures business continuity.

Data Redundancy

Secondly, the firm must decide how to back up and protect its data. Any organization can hold data in a variety of locations, including locally on their personal workstation or mobile devices,

it up and make it available remotely and securely. Cloud-based server solutions, such as Microsoft Azure, working alongside Microsoft SharePoint can provide a seamless work experience, not only for data and data accessing but for continuing to work on all Microsoft documents and applications. Locally stored data can also be backed up daily to the cloud.

Now as more data is stored on the cloud and more cloud-based apps are used, it is vitally important to manage and secure login credentials. Saving your login credentials to your web browser may be convenient, but it is a huge security risk that exposes you and your firm’s data to bad actors who by accessing your browser information have access to all your credentials. Solutions such as IT Glue not only provide a platform to save your credentials, they also create secure passwords for you. Finally, multi-authentication security is highly recommended and can now be easily implemented with secure applications such as Duo Mobile. As you can see this is a multi-layered topic with many outer bands that if not considered and managed

Third, the firm must decide how to create internet access redundancy. If the firm is fully dependent on one Internet Service Provider (ISP), then all the firm’s business continuity is fully dependent on the one ISP’s business continuity, i.e. “if Comcast is down then we are down”. A firm does not have to stop when one ISP stops. There are backup internet connectivity solutions including cellularbased and satellite-based providers. You can set up a backup cellular data access point to provide Internet access when your main ISP goes down. You can even have multiple cellular data backups. For example, you can have both Verizon and AT&T 4GLTE and perhaps even 5G UW feeding your office internet access while Comcast is down. Additionally, you can add another layer of internet access redundancy with Starlink, SpaceX’s new network of satellite-based internet access.

Having your own access point with multiple providers as a redundancy can pay immediate dividends. However, during Hurricane Ian, not only was Comcast down, but cell service (voice, text, and data) was very bad. If power is down, these cellular access points are also down and that is when Starlink access is critical as it may be your only internet connectivity option. The idea is to have these redundancies in place as we have now all experienced worst-case scenarios. And yes, an MSP, can advise, manage, and maintain these redundancies for the firm.

Power Redundancy

All these connectivity redundancies are not worth very much if you do not have electricity to power your location. Note that by having an MSP and cloud-based

from previous page

data back-up and access, you have already solved the most crucial aspect of power redundancy as your data and MSP are already connected. Now you just have to get to a location that has power.

At the most basic level, if you have access to your cellular-powered devices and have established connectivity redundancy, you can now access your data and systems if those devices have their batteries charged. You should invest in additional battery backups to prolong the use of those cellular devices. However, let’s dive a little deeper because battery backups will only last so long and as Hurricane Ian taught, we can be without power for days and even weeks. Let’s start by addressing strategies for those that own their commercial properties.

Consider the installation of a permanent backup generator. This usually involves the installation of a large propane tank underground and the generator kicks on whenever your power cuts off. Depending on the size of your tank, the generator can last for several days and even weeks. You would contact a commercial contractor for such an installation and regular maintenance. Another alternative is to install solar panels on your property,

along with battery power storage. It should be noted the installation of only solar panels without the battery power storage would not be a power redundancy because the solar panels only provide power back to the power grid, and therefore, you would still need the power grid to be functional to receive power into your building.

If you do not own your office space and are dependent on a landlord, the first task is to research what power redundancy your office space has available. If there is none, your options are to have a backup office location(s) where you and your team can function during the loss of power. Yes, your home can be used as a first line of defense if it was spared during the disaster, but this may not be an option. Also, if you have staff, there may not be enough space. It is better to explore the possibility of prearranged agreements with other offices, outside of the loss of power area, to use as an emergency command center and office location. This may be an office in a nearby county or even in another state where you can operate until the power comes back on. You can also explore the use of executive offices such as Regus. Regus has a network of executive offices worldwide and for a small monthly

membership fee you can have use of office space when working from another location – even within your own larger metro area. They usually have flex space available to accommodate your staff. Days before a storm arrives, you can call ahead and secure space for the days after the hurricane.

Think of these four redundancies as the legs of a table. They work together to keep you stable, secure and operable. Three legs give you a sturdy stool, but you don’t want to be working off a stool; you need a strong table. There will be a next Hurricane Ian, and even if it is not of the same magnitude, there will be other instances where these four redundancies will establish you as the firm that was ready to serve clients during the latest crisis.

Pablo S. Hurtado, JD, MBA, is the co-founder and owner of Perado Technologies, a technology consulting firm that is focused on providing law firms tools and guidance to effectively use technology to improve their business processes so they can better serve their clients and create a sustainable and scalable law practice.

united way & the collaboratory

SWFL EMERGENCY RELIEF FUND

by sarah owen and jeannine joy

Hurricane Ian has devastated Southwest Florida and our close-knit community. We are just beginning to understand the longterm impacts this storm will have on residents, our tourist economy, and our infrastructure. Many Southwest Floridians have lost everything. Some entered shelters with only the clothes on their back, while others are mourning the loss of loved ones. There are people in our region and the surrounding areas without food, water, medication, and a place to call home.

Thankfully, there are individuals and organizations ready to help rebuild lives, homes, and hope. We’re inspired by the countless people inside our community and those who have come from afar to reach out and ask, “How can I help?”

A coordinated partnership is key to providing the right resources and getting them into the right hands. Immediately following the storm, United Way of Lee, Hendry, and Glades Counties (United Way LHG) and the Collaboratory partnered to launch the SWFL Emergency Relief Fund to distribute 100% of funds raised to nonprofits on the frontlines who can directly help individuals greatly affected by Hurricane Ian. For example, hundreds

of thousands of dollars of gift cards have been deployed through non-profits to local Floridians who lost everything. In addition to food and water, some people need basic necessities like shoes, hygiene products, and clothing.

This level of support is coming from individuals and organizations of all sizes and backgrounds to effectively have a positive impact on those most in need. This is not simply one or two big donors. It’s people and companies from across not only our community, but all fifty states, and in some cases, across the world.

With such an overwhelming response, our teams at Collaboratory and United Way are incredibly grateful for what’s been contributed so far. The needs are greater than you can imagine, and resources are limited.

The priority right now is short-term, immediate needs. We are tirelessly focused on procuring monetary donations that stay right here in Southwest Florida so we can provide direct support to our neighbors including Pine Island, Sanibel, Captiva, Fort Myers Beach, and the other devastated areas across our region’s coastal and inland communities.

Through the partnership with Collaboratory, United Way LHG has been able to focus on response and relief efforts, including managing the 2-1-1 Crisis Helpline and supporting the 24/7 work at the Lee County Emergency Operations Center (EOC). Concurrently, Collaboratory raises the relief funds and handles the back-end donation logistics so that United Way can focus on immediate deployment of financial resources through our network of community partners.

While so many have reached out to give tangible donations of clothing and personal items, United Way encourages monetary contributions at this time to avoid creating is what we call the ‘Second Disaster’. Dollars can be turned around faster than things. Things take a lot of time, effort, and energy to distribute. For the immediate need, if we can provide survivors the ability to go out and purchase necessities that work for them, it offers a sense of dignity and allows them to purchase specifically what they need and have space for. Many families are displaced from their homes and just getting by with alternate living arrangements and limited space. . . Once the community stabilizes, tangible donations will be an integral part of the community’s long-term recovery.

It is going to be a long road, and although funds are coming in and going immediately to those in need, we’re going to have to keep at it for a long time. If you’d like to support the SWFL Emergency Relief Fund, please visit Collaboratory.org to make your tax-deductible donation today.

Sarah Owen, president & CEO of Collaboratory, leads a passionate and diverse team of possibility makers committed to coordinating the solving of all the social problems in Southwest Florida on a daring 18-year deadline.

Jeannine Joy is President and CEO of United Way of Lee, Hendry, and Glades. Over her 27-year tenure, Jeannine has helped raise and distribute over $164 million and has worked with hundreds of community leaders and volunteers.

Hurricane Recovery Resources

Florida survivors who live in Charlotte, Collier, DeSoto, Hardee, Hillsborough, Lee, Manatee, Orange, Osceola, Pinellas, Polk, Sarasota and Seminole counties can apply for federal assistance at disasterassistance.gov, by calling 800-621-FEMA (3362) or by using the FEMA App. Survivors using a relay service, such as a video relay service, captioned telephone service or others, can give the FEMA operator the number for that service.

Small Business Administration disaster loans are available to businesses, homeowners, renters and nonprofit organizations in Florida counties approved for individual assistance. Applicants may apply at disasterloanassistance.sba.gov under declaration #17644. For help, call 800-659-2955 or send an email DisasterCustomerService@sba.gov

If you are one of the 1.6 million Floridians with flood insurance, report your loss immediately to your insurance agent or carrier. Be sure to ask them about advance payments. Need help finding your insurance agent or carrier? Call 877-336-2627. To learn more about how to start your flood insurance claim, visit Floodsmart. gov

Mental health resources are available. Survivors experiencing emotional distress can call or text the Disaster Distress Helpline at 1-800-985-5990. The national hot line provides free 24/7, crisis counseling for people who are experiencing emotional distress related to any natural or human-caused disaster. Deaf and hard of hearing ASL callers can use a videophone or ASL Now.

Florida residents who did not evacuate but now need to leave their home can visit floridadisaster.org/shelter-status for open general and special needs shelters in Florida. If you do leave your home, do not leave pets or animals behind. You can also register other members of your household and your pets on Shelter in Place Survey arcgis.com to help local first responders locate you. Airbnb has launched a resource for Florida residents displaced by Hurricane Ian airbnb.com/hurricaneianflorida as a resource for Florida residents displaced by Hurricane Ian. The page shows open (vacant and available for rent) properties that are available to be booked outside of the FEMA Disaster zones. As communities become fully restored with water and electricity, Airbnb will add more available properties to the page.

Gov. Ron DeSantis activated the Florida Small Business Emergency Bridge Loan Program, making $50 million available with at least $10 million going to small businesses that are agricultural producers impacted by Hurricane Ian in Charlotte, Collier, DeSoto, Flagler, Glades, Hardee, Hendry, Highlands, Hillsborough, Lake, Lee, Manatee, Monroe, Orange, Osceola, Pinellas, Polk, Putnam, Sarasota, Seminole, St. Johns and Volusia counties. Small businesses in the most impacted counties — Charlotte, Collier, Lee and Sarasota — will be escalated and prioritized as they are received. The program, administered by the Florida Department of Economic

Opportunity, provides short-term, zero-interest loans to small businesses that experienced economic injury or physical damage due to Hurricane Ian. Interested applicants can apply through December 2, 2022, or until all available funds are expended. Eligible small businesses may apply for loans of up to $50,000 through the program by visiting the Florida Department of Economic Opportunity - Building Florida Businesses page - https://tinyurl.com/DEO-Rebuilding-FLBusinesses

Lee County Government – Hurricane Ian Recovery Updates offers questions & answers, recovery resources, food and water locations, open businesses, debrisremoval and much more. leegov.com/hurricane/storm. You can also find up-to-date information through their Facebook (https://www.facebook. com/leecountyflbocc/) and Twitter (https://twitter.com/ LeeCountyFLBOCC) pages.

PDFs for download from SBA for Disaster Assistance Loans: Three Steps to SBA Disaster Assistance Loans https://tinyurl.com/SBA-3-Steps-Disaster-Loans

Disaster Assistance Loans - Businesses and Non-Profits https://tinyurl.com/SBA-Businesses-Nonprofits

Disaster Assistance Loans - Community Help https://tinyurl.com/SBA-Community-Help

Disaster Assistance Loans - Homeowners & Renters https://tinyurl.com/SBA-Community-Help

Fact Sheet - Florida Declaration 17644 & 17645 https://tinyurl.com/SBA-Fact-Sheet

SWFL Emergency Relief Fund – in partnership with the United Way, the Collaboratory has started a hurricane relief fund. To donate: https://collaboratory.org/

RESOURCES FOR DONATING OR VOLUNTEERING

United Way https://www.unitedway.org/get-involved/ ways-to-give, 239-433-3900 or 2-1-1

American Red Cross https://www.redcross.org/donate/ giving-tuesday.html/ or 800-733-2767

The Salvation Army https://tinyurl.com/Salvation-armydisaster-relief or 239-775-9447

The Harry Chapin Food Bank https://harrychapinfoodbank.org/ St. Matthews House https://stmatthewshouse.org/

Florida Department of Children and Families Hurricane Ian Response & Recovery https://www.myflfamilies.com/ hurricaneian/

Veterans Crisis Line https://www.veteranscrisisline.net/

legal lens

3rd Annual LCBA Downtown Dash presented by the Health and Wellness Committee was moved indoors to Sidney & Berne Davis Performing Arts thanks to unexpected rain but participants made the best of the situation

Photos courtesy of Jim Jett Photography

The Legacy Continues The Legacy Continues

Shucker's at The Gulf Shore and The Cottage... Thanks for the Memories

by lauren baugh, esq.

This is a hard “The Dish” to write. As we now know, most structures on Fort Myers Beach have sustained major damage or has been completely destroyed (except Lani Kai, let us all have a laugh, IYKYK). Shucker’s at The Gulf Shore and The Cottage was one of the most popular waterfront restaurant and bar destinations on the beach and is now gone.

The structure had been an icon on the beach for just over 100 years (101 years to be exact) and had the same owners for over fifty of those years. It had survived sixty-four hurricanes before Ian made landfall on September 28.

While they plan to rebuild and refresh, the pain is still so fresh. I spent so much time at Fort Myers Beach for the last 35 years and have many amazing memories of the Beach as a whole. I recently went on a date to Shucker’s and had such an amazing time. Between the company, the food, the environment, the view, the staff, the

bartender, the lighting, the menu art, every little detail now seems so important when at the time, I was just being my normal observant self.

Photos this page: aerial view of Shucker's and The Cottage, undated historical photo of Shucker's. Photos opposite page: view after Hurricane Ian, grouper bites, view at night, bacon wrapped scallops, beach bread, interior of The Beach Bar, interior of The Cottage.

I went to the Cottage for many years, and it never occurred to me to go to Shucker’s. When I got asked out on this date to Shucker’s, I jumped at the opportunity. Many of my friends spoke highly of it, and it lived up to the hype. The place was simply amazing. It was typical Fort Myers Beach style, with its open windows, amazing views of the pier and the sunset, and the altogether chill vibe it brought.

I had a funny conversation with a bartender, who said

his dad was a bartender there when he was a kid, and he was following in his dad’s footsteps. His dad loved working there. The love each staff member had for that place was so clear just by their smiles.

I only ordered libations and beach bread (again, IYKYK) and now fully regret not choosing more food. If I would have known…well, you know how the saying goes. The beach bread was beyond amazing, and while Steve (aforementioned boyfriend) and I ate the beach bread, I spoke to the bartender (who was also our server) about how I loved beach bread. I heard it had originated at the Beached Whale, another FMB spot.

Our banter ensued, and he assured me Shucker’s had started beach bread and his dad was a part of it. We humorously argued about this. Little did I know this conversation would be a permanent memory of mine.

I wish I knew how to get a hold of him and make sure he is OK. I have friends who got engaged at Shucker’s, which is the most Florida thing to do. That restaurant meant more than just a place to sit and eat and drink, and we now have to mourn what once was. We can see how we can help it rebuild and thrive as it did just a few weeks ago. The building itself may be gone, but to those of us who frequented this restaurant, those memories are now forever.

Although this The Dish is to feature Shucker’s, I am also noting so many other “The Dishes” have been about Fort Myers Beach restaurants, such as my favorite restaurant in Lee County, Dixie Fish Co., which is now in shambles as well. Fort Myers Beach will never be the same beach and town that so many of us grew up going to, but I have faith that with the

help of our community, we can help them rebuild and make it better than ever. Our kids, and their kids and many generations to follow can have the great memories all of us “elders” have of this amazing and unique area.

If you know of ways to help support the rebuilding of Fort Myers Beach and the surrounding areas, please reach out to me via email: LBaugh@leebar.org, so I can share them with everyone. I promise to bring a more joyful read in the next edition (December) of “The Dish”.

The Shucker’s website (shuckersfmb.com) has a heartfelt letter with a place you can donate. 100% of the proceeds are going to their team (they employed 116 people) that was impacted (and now has no employment). As we go to print, they have raised $34,101.69 of a $75,000 goal.

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

Sarah Baulac, Esq.

Cheffy Passidomo, P.A.

Beatriz Cardoza, Esq. ZinnLaw

Jami Duckson, Esq. Palm City Law

Marc Krispinsky, Esq. Kanner & Pintaluga

Garrett McIntyre, Esq. The McIntyre Law Firm, PLLC.

Marta Sokolowska, Esq. Family First Legal Group

Lawyer for Life

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

Dal Lago Law

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.

Wilbur Smith, LLC

Yeslow & Koeppel, P.A.

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

1. I never planned on becoming a lawyer.  I started working for my firm 35 years ago as a legal assistant. I became a lawyer to provide a better life for my daughter.  Recently, I had a client with a will that I witnessed 30 years ago.

2. I began visiting Panama six years ago.  I’ve been there 14 times since. On Volcan Baru (the highest spot in Panama), the sun rises over the Pacific and sets over the Atlantic. It’s the only place in the world.

3. My family and I love college football.  We are Michigan fans and attend their Florida bowl games. Our favorite bowl game was the Orange Bowl on January 1, 2000. Michigan beat Alabama in an exciting triple overtime game.

4. I’m a huge Spurs fan, and a friend gave me tickets to Game 6 of the NBA Finals (Spurs vs. Heat).  The Spurs had a huge lead, and it looked like they were going to clinch the finals. Then they fell apart.  Heat fans had left and were knocking on the doors to come back in and see the Heat win.

5. I met the Shaq. After the game, our friend took us on the court.  Out of the corner of my eye, I see Shaquille O’Neal and ask our friend if we could meet him. Our friend calls over to Shaq (little did I know he knows him quite well).  Shaq was very courteous and is truly a nice guy.

What's it worth?

You’d never intentionally throw away valuables. But when you don’t know their worth, you may discard a diamond in disguise. Instead of turning a blind eye to medical malpractice cases, trust experts with the skill to find those valuable cases. Once you refer a case to us, you can feel confident that it’s in the right hands.

To see what we see, call us at (877) 644-5122 to discuss your client’s potential case.

Jonathan Martin

1. After winning a paper airplane contest, I had my first experience flying in a small plane.  After a few minutes, the pilot turned over the controls to let me fly!  I was ten years old.

2. I placed second of five in a taco-eating contest. After I overheard two friends talking about how many tacos they could eat, we decided to settle their dispute the best way we knew how.  A week later, in my friend’s backyard, we held a taco-eating contest.

3. I placed first in my elementary school’s Bible Bee while I was in second grade.

4. I took a deposition in a moderate-risk prison.  No security, just the defense attorney, court reporter, inmate witness, and myself in a meeting room.  When the deposition was over, the three of us had to head back to the entrance by ourselves –walking past dozens of inmates who were walking the halls.

5. I’ve been told I resemble Blake Shelton more than a few times.

2211 Widman Way # 500, For t Myers, FL 33901

The Sixth District Court of Appeal Judicial Nomination Commission held its annual meeting on September 6, 2022. The Commission elected Jeff Aaron as chair and Russell Kirshy as vice chair of the JNC. The JNC was required to provide Governor Ron DeSantis with names of nominees for the three Court vacancies on or before Friday, October 21, 2022. The vacancies are created by the establishment of the Sixth District Court of Appeal, which is effective January 1, 2023.

Travis Hayes, a shareholder of Grant Fridkin Pearson, P.A., presented on the 2022 Estates and Trusts Bill at the 42nd Annual Real Property, Probate and Trust Law (“RPPTL”) Section of The Florida Bar’s Legislative & Case Law Update Seminar on July 22, 2022 at The Breakers Resort in Palm Beach, Florida. Over 300 attended the Update Seminar in person and over 200 attended via Webcast. Hayes is a member of the Executive Council for the “RPPTL” Section.

Lusk, Drasites & Tolisano, P.A. celebrates 40 years of serving Southwest Florida residents and businesses for all their legal needs. The firm has grown from four employees to over 20 and handles a variety of legal fields including personal injury, family law, litigation, estate planning, criminal defense, real estate and more. The firm has supported various local organizations such as the Rotary Foundation, Cape Coral Animal Shelter, The Community Foundation, PACE Center for Girls, American Cancer Society, Shop with a Cop, and several local schools in Lee County.

I n recognition of 60 years of serving the community, personal injury law firm Goldstein, Buckley, Cechman, Rice & Purtz is underwriting 60 pet adoptions at the Gulf Coast Humane Society through the end of 2022. The adoptions are made possible with “golden tickets”, which provide free or reduced-price adoption fees for cats and dogs of various ages. Tickets will be distributed at events hosted by the firm and the Humane Society.

Pavese Law Firm is pleased to announce that attorney Raychel Thomas passed the bar and was sworn in on Monday, September 26. Ms. Thomas joined Pavese in 2021. Her primary areas of focus include Agricultural and Natural Resources Law, Environmental and Water Law, and Land Use Law, assisting property owners with permitting and regulatory issues. Ms. Thomas is from North Florida where she grew up as a fourth-generation member of her family’s farming and ranching operations, producing beef and registered Angus cattle, hay, and watermelons.

Pavese Law is proud to announce that Brett G. Bleier who joined the firm in September, has passed the Florida Bar and was sworn in on Oct. 11.

Mr. Bleier is a member of the firm’s condominium and homeowners/transactional law group. His practice will encompass a broad range of matters including enforcement of document restrictions, protecting and defending the association’s interest in its property and governing documents, simple sales agreements, and complex contract negotiations.

Yesterday, and Today Tomorrow.

When Edison National Bank opened its doors in 1997, we commemorated the occasion by planting a Royal Palm. Today, that tree is a testament to 25 years of service. We’re standing strong and continue to plant the seeds of trust and loyalty. As the oldest locally owned and chartered community bank in Lee County, our roots go deep in the community, and we remain unwavering in our commitment to your banking needs.