Res Gestae - October 2014

THE OFFICIAL PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION OCTOBER 2014

LCBA Launches New Website 2014

Award of Distinction Recipient

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

EDUCATING LAW YERS with Professionalism and Integrity

Honored to be named the

#1 Best U.S. Catholic Law School for the Devout

by The National Jurist and PreLaw Magazine.

Ave Maria School of Law educates lawyers who serve the law, their clients and the common good with professionalism and integrity. Our rigorous academic program emphasizes the moral foundations of the law, presents insights from the Catholic intellectual tradition and encourages a broader perspective of the law and its role in society. The result is graduates who more fully appreciate and better understand the development of our legal system, the human dignity of their clients and the law as a vocation.

As Southwest Florida’s law school, we’re proud of the work our students do in federal and state courts, government agencies, corporations, Date and area law firms. Let us show you how our students can help you. ve tShcehool of Law a S e For more information, contact Laura A. Weseley, Esq., Director of ria nferenc Ave Ma ing Co Career Services, at lweseley@avemarialaw.edu or (239) 687-5351. Estate Plann 1, 2015 May

1025 Commons Circle, Naples, Florida 34119 • (239) 687-5300 • avemarialaw.edu Licensed by the Florida Commission for Independent Education, license number 4007. Fully accredited by the American Bar Association.

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Contents features

departments

16

6

Letter from the President

8

Letter from the Editor

10

Calendar of Events

12

Family Law Matters

Luis E. Insignares, Esq.

Changing Lives Through Pro Bono

Cathy L. Lucrezi, Esq.

23

Uploading the Future Sara Fitzpatrick Comito

32

LCBA launches new website

20th Judicial Circuit Peer Review Michael Randolph, Esq.

by Nanci DuBois

Florida Family-Law Fraud - Part 2

Staff Box PUBLISHER Connie Ramos-Williams 239.690.9840 EXECUTIVE EDITOR Nanci DuBois 239.334.0047

T. Rankin Terry, Esq.

ASSOCIATE EDITOR Sara Fitzpatrick Comito

18

New Members

CREATIVE DIRECTOR April Bordeaux

20 Legal Lens

Social scene photos

26 Real Estate

Where to buy, sell or lease

28 Community Connection

30

239.334.0047 regestae@leebar.org

Terry’s Take on Things

18

23

by John D. Agnew, Esq.

Goodwill Southwest Florida

Sara Fitzpatrick Comito

30 The Dish

Dani’s Daytime Diner

33 100 Club 34 On the Bench

Hon. H. Andrew Swett

35 From the Bar

37

James L. O’Leary II, Esq.

Legal Briefs

News and happenings

ADVERTISING DIRECTOR Linda Fiore 239.690.9840 CONTRIBUTING WRITERS Sara Fitzpatrick Comito John D. Agnew, Esq. Nanci DuBois Luis E. Insignares, Esq. Cathy L. Lucrezi, Esq. T. Rankin Terry, Esq. Michael Randolph, Esq. BILLING INQUIRIES 239.334.0047 Res Gestae is published monthly by CONRIC Publishing in partnership with 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 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 Publishing.

On The Cover: John Agnew and the new LCBA website.

Ã

Young Lawyer Division lawyers participated in a two-mile Fun Run organized by the Fort Myers Track Club and held at the Fort Myers Brewery, including: Kara VanderHeyden, Jenn Keil, John Noonan, Kayla Richmond, Danielle Levy, Leland Garvin, John Miller, Shannon Puopolo, Kim Bocelli and Guichard St. Surin.

4

RES GESTAE | October 2014

Cover Design: April Bordeaux Copyright© 2014. 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 of the Lee County Bar Association. To inquire about such permission, please contact Nanci DuBois, Executive Director of the Lee County Bar Association at info@leebar.org.

MAXIMUM REFERRAL FEE PAID PERSONAL INJURY & WRONGFUL DEATH CASES

Automobile Accidents Motorcycle Accidents Truck Accidents Victims of Drunk Drivers Slip & Fall Accidents

Note from the President At 19, when I told my folks I was leaving my full-ride college scholarship to join the Army, they were apprehensive. They ultimately hoped I would learn a safe trade I could parlay into a civilian job.

I returned home from the enlistment station with a contract to be in the infantry, and schooling slots to try out for Ranger Regiment.

This wasn’t my parents’ ideal, but it was a perfect fit for me (my folks later came to believe the same). When my enlistment was nearing its end, I went through the Army Career and Alumni Program for resume writing and civilian-equivalent career guidance. Unlike most other military occupation specialties, ACAP didn’t have any suggestions for an airborne ranger.

I wasn’t disheartened. I had gained invaluable intangible experience in leadership, planning, discipline and perseverance. Eight years later (including two years post9/11 active duty), I was a newly-minted lawyer. In honor of the non-traditional path I took to get here and the 2014 LCBA ”practice building” theme, what follows is my “A[irborne Ranger] to Z[ealous Advocate]” guide to building a team: Be a servant leader. Put the needs of others first and help them develop and perform at as high a level as possible. You can’t do it all, and you need your team members to truly have your back.

Micromanaging is short-sighted and stagnates growth. You have surrounded yourself with good people and developed and trained them further. Delegate, then supervise only to the extent necessary.

Give warning orders. Nobody likes difficult surprises. Articulate a clear picture of anything significant coming down the pike as early as possible, then decompress the situation by outlining your plan to overcome it.

Regularly disseminate information. When only the leader and a chosen few have the map and compass, motivation suffers. All team members need to know the plan, where you’re headed, if you’re on track and how far you are from the finish.

Optimism is catchy. Praise, reassurance and finding the silver lining never get old or go unappreciated.

Pessimism is also catchy. Constant criticism without praise or the glass being perpetually half-empty is a morale killer.

When corrective action is required, be direct and timely. Everyone loses if you don’t point out something that is broken or if you’re passive aggressive.

Don’t be a coward. Lead from the front. If there is a hard decision to make or action to take, you lose respect when you send someone else to do it.

If you don’t know, don’t pretend—people will lose confidence in you. Instead, say you don’t know, find the answer, and then readdress the issue with knowledge in hand.

Set the example for others to follow.

John D. Agnew, Esq. john.agnew@henlaw.com | (239) 344-1364 6

RES GESTAE | October 2014

LEE COUNTY BAR ASSOCIATION ADMINISTRATIVE TEAM Executive Director Nanci G. DuBois Executive Assistant, Lawyer Referral & Pro Bono Coordinator Lisa Poulin

EXECUTIVE COUNCIL President John D. Agnew, Esq. Vice-President Anne Dalton, Esq. Secretary Scott Atwood, Esq. Treasurer Kelly Fayer, Esq. Member-at-Large Daniel Endrizal, Esq.

YOUNG LAWYERS DIVISION President Shannon Puopolo, Esq.

COMMITTEES History E. Bruce Strayhorn, Esq. & Jenna Persons, Esq. Law Related Education T. Rankin Terry, Esq. Law Week Hon. John S. Carlin Mock Trial Mary C. Evans, Esq. Past President Mary C. Evans, Esq. Pro Bono Audrey M. Singleton, Esq. & Katie Berkey, Esq. Membership Janette Smith, Esq. Social Events Amanda Mitteer-Bartley, Esq.

PRACTICE SECTION CHAIRS Alternative Dispute Resolution Anne Dalton, Esq. & Bill Merchant, Esq. Appellate Law Margaret White-Small, Esq. & Stacy Sherman, Esq Criminal Law Keith Upson, Esq. Real Property, Probate & Trust Law Kenneth Kemp, Esq. General Civil & Business Litigation Mary Ellen Briedé, Esq. & Carlos Kelly, Esq. Tort Litigation Preston John (PJ) Scheiner, Esq. Family Law Rana Holz, Esq. & Jo Ellen Kane, Esq. Land Use & Governmental Law Russell Schropp, Esq.

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7

Letter from the Editor As we slip into the last quarter of 2014, there’s a little hint of a nip in the air now and then, and the afternoon rains are backing off. We’re making inroads with our plans for 2015, while making sure that 2014 gets wrapped up in great shape.

Pro Bono Awards will be given by Florida Rural Legal Services and Lee County Bar Association at the October 17th Membership Meeting. Please plan to join us as we honor those among you who have given freely of your time and talent to those who are less fortunate when asked by Florida Rural Legal Services (or Lee County Bar Association on behalf of FRLS).

If you are interested in serving on the Pro Bono Service Committee with Katie Berkey and Audrey Singleton, I hope you will step forward and join those who are working diligently to bring legal assistance to the needy in our community.

Mentoring is available, too, if you’d like to help yet need a bit of coaching on specific areas of the law.

MEMBERS: Our new and improved website should be launched by the time this reaches your hands, so if you have not yet updated your personal and professional information, please log in and do so soon. You can select a few options for privacy, add your photograph, and more under our living directory.

Rather than print a directory, we have gone to an always-current format through the website. We hope you enjoy the new site!

Speaking of that nip in the air, the only thing that can make it better is the smoky, sweet smell of barbeque! It’s time to make plans to attend one of our favorite events of the year—the Bench/Bar Buckingham BAR-B-Q on Nov. 8 to honor our retiring judges, the Hons. Mark Steinbeck, Edward Volz and Sherra Winesett. Located in Buckingham on the scenic Orange River, The Smoot Property is the perfect setting for family fun, food, camaraderie and the laidback groove of In Recess, our house band featuring Judge Joe Fuller, Kim Patrick Hart and Mike Maxwell.

RSVP directly at our new Website (yes! No more printing and faxing that cc authorization form) or email me at admin@leebar.org. The address is 6250 Jackson Road in Fort Myers. It wouldn’t be possible without the generous support of our sponsors who currently include: CopyLady, Henderson Franklin, iBERIABANK, Kelly L. Fayer, P.A., Von Ahn Associates, The Law Office of Kim Patrick Hart, Maxwell Hendry Simmons Real Estate Appraisers & Consultants, Goldberg, Racila, D’Alessandro & Noone and WestlawNext (sponsorships are still available!). Thanks also to the LCBA Social Committee for coordinating it all and the Young Lawyers Division for providing the “games for kids of all ages.” Please join us for all the fun, starting at 1 p.m.

Nanci G. DuBois info@leebar.org | (239) 334-0047 ext. 102 8

RES GESTAE | October 2014

AD DIRECTORY Allied Business Solutions 11 Ave Maria School of Law IFC Berke Law Firm 26 Birch Company, The 26 Boyle, Gentile & Leonard, PA 17 Buchanan Ingersoll Rooney PC | Fowler White Boggs 9 Burkett Law Office 11 Buschbom Mediations 22 Business Observer 19 Calvo & Calvo Attorneys at Law 19 CONRIC PR & Marketing | Publishing 34 Corbin Henderson Company 27 Dial-a-Nurse 39 Donna Tisch 33 Edison National Bank BC Florida Fidelity Realty Advisors, Inc. 26 FordHarrison 25 Fort Myers Court Reporting 15 Freidin, Dobrinsky, Brown & Rosenblum, PA 7 Garvin Law Firm 15 Goldberg, Racila, D’Alessandro & Noone, LLC 13 Gregory N. Woods 37 Heather FItzenhagen 35 Henderson, Franklin, Starnes & Holt, P.A. 10 Hendry Street Partnership 27 Jason L. Gunter, P.A. 13 Joel H. Brown 9 Kremenchuker Law Group 16 Kuhn Law Firm 11 Kushner & Kushner Attorneys 39 Law Firm of James Monroe, The 13 Law Firm of Scott T. Moorey 14 Law Office of Kevin F. Jursinski & Assoc. 25 Leonard P. Reina 39 Leslea Ellis, LLC 22 Levins & Associates, LLC 15 Livingston Loeffler, P.A. 22 Mary C. Evans, Esq. 32 McHale Properties 27 Merit Court Reporting, Inc.© 19 Molloy Law, LLC 29 Musca Law Office, Inc. 3 Mutual of Omaha Bank 36 Patterson, Eskin and Ball 26 PAYCHEX 38 Simon M. Harrison, Esq. 17 Spivey Law Firm, P.A. 5 T3 Communications 17 Veranda Restaurant 31 Von Ahn & Associates 38

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9

Calendar of Events CELEBRATING 90 YEARS: 1924 – 2014

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Noon – 1 pm at The Connection Café, 2288 First Street

Criminal Law Practice Section Brown Bag Meeting 11:30 am – 1 pm County Court Judge’s

Conference Room, 10th Floor, Lee County Justice Center.

Speaker: Judge H. Andrew Swett – What Every Attorney Needs to Know about Mental Health Court

ADR Practice Section Brown Bag Meeting

Noon - 1pm. Lee County Justice Center, Judge Alane Laboda’s Hearing Room 4-O. Topic: TBA

Family Law Practice Section Meeting

Noon – 2 pm. 2-Hour Evidence Seminar in Courtroom 5C, 5th FL, Lee County Justice Center

LCBA Membership Meeting - Pro Bono Service Awards 11:45 am - 1 pm at Sidney & Berne Davis Art

Center. Sponsored by: CopyLady; Kelly L. Fayer, PA and Vendor Tables. Featured Charity: Goodwill Industries, with Nirupa Netram, Esq.

LCBA Executive Council Meeting

5:30 – 6:30 p.m., Conference Room, Henderson Franklin Starnes & Holt, PA

Land Use Section Meeting

Noon – 1:30 p.m., at Lee County Public Works building, 1500 Monroe Street, in the 1st Floor Conference Room.

Speakers: Lee County Hearing Examiners Donna Marie Collins and Laura Belflower

Young Lawyers Division Meeting

Noon – 1 pm at The Connection Café, 2288 First Street

Annual Bench/Bar Buckingham Bar-B-Que

DON’T FORGET TO REGISTER ONLINE NOW FOR THE ANNUAL BENCH/BAR BUCKINGHAM BAR-B-Q ON SATURDAY, NOVEMBER 8th! Great food, good friends, fine music and awesome barbecue from award-winning firemen chefs! Family fun sponsored by our LCBA Young Lawyers Division. Tickets on sale now: Adults: $25 Children 12- 7: $10 Children 6 and under: Free

• EB-5 Investor Visas

Fireman Eric DeTar, our award-winning chef at the grill for the Buckingham Bar-B-Q on November 8th!

• International adoptions

Nov 19 Nov 20

Adapting. Changing. Moving forward. henlaw.com • 239.344.1100 Fort Myers • Bonita Springs • Sanibel • Naples*

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10

Young Lawyers Division Meeting

RES GESTAE | October 2014

* By appointment only

Nov 21

LCBA Executive Council Meeting

5:30 – 6:30 p.m., Conference Room, Henderson Franklin Starnes & Holt, PA

Family Law Practice Section Meeting

Noon – 2 pm. 2-Hour Evidence Seminar in Courtroom 5C, 5th FL, Lee County Justice Center

LCBA Membership Meeting

11:45 am - 1 pm at Sidney & Berne Davis Art Center.

Sponsored by: Freidin Dobrinsky and Vendor Tables.

Visit us online at leebar.org to see the entire LCBA Annual Calendar and conveniently RSVP for upcoming events.

Would You Like to Submit an Event?

Email your event submission to resgestae@leebar.org

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October 2014 | RES GESTAE

11

Family Law Matters

: d u a r F w a l y l i m a F a d i r o l F

Premarital Perpetrations and Spousal Skullduggery (Part 2)

by Luis E. Insignares

In our prior installment, we looked at the traditional rules applicable to analyzing fraud as a defense to marital and premarital agreements, as established by Florida case law.

In Part 2, we’ll look at how statutory additions to the legal framework may have changed those traditional case-law rules, and an important case law exception.

The traditional case-law test for fraud (and other bases) to be used as grounds for undoing a marital or premarital agreement is Casto v. Casto, 508 So.2d 330 (Fla. 1987). Under Casto, there are two separate ways to invalidate a prenuptial or postnuptial agreement. The first is essentially the same as for any other contract: by establishing that it was reached under fraud, deceit, duress, coercion, misrepresentation, or overreaching.

The second test is a special one only applicable to these specific types of agreements.

The second ground to vacate a settlement agreement is a multi-part test. The challenging spouse must first establish that the agreement, under the parties’ particular circumstances, 12

RES GESTAE | October 2014

makes an unfair or unreasonable provision for that spouse.

If the agreement is held unreasonable, a presumption arises that there was either concealment by the defending spouse or a presumed lack of knowledge by the challenging spouse of the defending spouse's finances at the time the agreement was reached.

“The burden then shifts to the defending spouse, who may rebut these presumptions by showing that there was either (a) a full, frank disclosure to the challenging spouse by the defending spouse before the signing of the agreement relative to the value of all the marital property and the income of the parties, or (b) a general and approximate knowledge by the challenging spouse of the character and extent of the marital property sufficient to obtain a value by reasonable means, as well as a general knowledge of the income of the parties.”

Casto, 508 So.2d at 333.

Continued on page 14

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October 2014 | RES GESTAE

13

Family Law Matters Continued from page 12

In 2007 Florida adopted the Uniform Premarital Agreement Act, codified as Section 61.079. The uniform act contains its own provisions on invalidating prenuptial contracts: (7) ENFORCEMENT.— (a) A premarital agreement is not enforceable in an action proceeding under the Florida Family Law Rules of Procedure if the party against whom enforcement is sought proves that: 1. The party did not execute the agreement voluntarily; 2. The agreement was the product of fraud, duress, coercion, or overreaching; or 3. The agreement was unconscionable when it was executed and, before execution of the agreement, that party: a. Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; b. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and c. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. (b) If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility. § 61.079(7)(a)(b), FLA. STAT. (2014).

The “generalized contractual defenses” portion of Casto appears in the statute as subsections (7)(a)1 and (7)(a)2. A test roughly corresponding to the specialized “unreasonableness” test of Casto is found in subsection (7)(a)3, as the statutory test for “unconscionability.” Somewhat surprisingly, despite the passage of seven years, there do not appear to be any reported Florida cases comparing or contrasting the Casto unreasonableness test to the statutory unconscionability provisions. At least one writer has noted the similarity, though.

See, Stephen S. Scott, 23 Fla. Prac., Florida Family Law § 4:5 (West, updated online June 2014). Note that the statute also adds a failsafe “welfare line” defense: no matter what else happens, if a premarital agreement puts a challenging spouse on public assistance, the other spouse must support him/her to the extent to take the recipient off welfare.

An important exception to Casto, applicable to some postmarital agreements, has been established in Macar v. Macar, 803 So.2d 707, 713 (Fla. 2001): [R]ule 1.540, and not Casto, provides the framework for challenging settlement agreements entered into after the 14

RES GESTAE | October 2014

commencement of litigation and utilization of discovery procedures. As the district court accurately explained in Petracca [706 So.2d 904 (Fla. 4th DCA 1998)], Casto applies only to agreements entered into prior to litigation and discovery, because before spouses file for dissolution, they engage each other as fiduciaries and as such, fraudulent behavior may be perpetrated more easily.

(Bracketed matter supplied). Although Macar still leaves fraud as a basis for invalidating all agreements, it removes the less stringent Casto unreasonableness analysis, for agreements entered into after litigation and discovery. RG

Luis E. Insignares is a board certified marital and family lawyer and a certified family law mediator practicing in Fort Myers, Florida with the firm of Luis E. Insignares, P.A. He serves on the Executive Council of the Family Law Section of the Florida Bar and is a current member of the Family Law Certification Review Committee and former member of the Family Law Rules Committee of the Florida Bar.

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15

Changing Lives Through Pro Bono

These people have something in common: An abused woman who wants an injunction for protection; A man with a foreclosure summons and complaint; A disabled child who can’t get special education services he needs; A surviving spouse who can’t get repairs to the home where he lives until there is a probate of his deceased wife’s estate.

The common thread? Each needs the help of an attorney, none can afford one.

You can play a part in changing their lives by providing pro bono legal services. Florida Rural Legal Services can help make that happen.

FRLS screens clients for eligibility to determine if the individual qualifies as “low income”. If the individual is eligible, FRLS acts as a type of “matchmaker”, connecting a low income client’s need to an attorney’s expertise.

To sweeten the deal, FRLS pays most out-of-pocket costs incurred in the pro bono representation. FRLS covers malpractice insurance (with deductible) for the work on the pro bono case.

[These benefits commence as soon as the participating attorney signs and returns the “Open Case Status Report” to FRLS.] Free CLE webinars are available for attorneys who take pro bono cases. Co-counsel and/or mentorship with one of the FRLS staff attorneys can be arranged.

Imagine the impact that would be made if every attorney helped one pro bono client. One attorney, one case – that’s all it takes to change the world.

If you want to see the impact that you and your colleagues are making, be sure to attend the LCBA Member luncheon on October 17. FRLS and LCBA will be honoring the attorneys who took pro bono cases in 2013. Halos will be distributed. RG

Cathy L. Lucrezi is Managing Attorney at the Fort Myers office of Florida Rural Legal Services. She can be reached at (239) 334-4554, ext. 4135.

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RES GESTAE | October 2014

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17

Terry’s Take On Things A few weeks ago the Bar lost one of its more interesting and insightful members. Doug formally introducing me to one of the most common of “crimes”.

Some years ago Doug and I were waiting in County Court; he was representing a rather large fellow in a much worn, 2-pocket work-shirt bulging with notebooks, pencils, & pens (a DragLine operator). I asked Doug what brought him to court that day. In his most irony-laden voice (which he was a master of) he said, “My client has been charged with the most heinous of crimes, Offending a Bureaucrat!”

While not found in the statutes or case law, most lawyers know that Offending a Bureaucrat is a frequently charged and punished (often harshly and with no due process) “crime.”

Providently or otherwise yours truly has been appointed Chair of the LCBA committee charged with operating our CLE lending library.

For now we will probably stay with CDs (you can’t easily listen to DVDs in the car!). There is discussion of moving to MP3 media. [An omen: 2 days before this was written my trusty, aged portable CD player died.] Some firms have reached agreements with the Florida Bar to allow “in house” MP3 downloads. Those of us with tri-focals will need to figure out how to focus on those little MP3 players’ screens!

Moving to more serious matters: CLE Requirements & Content.

The 18-month “shelf-life” of Florida Bar CLE Programs makes purchasing tricky. We are on an annual budget. Many

programs are annually presented. Subject matter grows “stale” at varying rates. New legislation, such as the recent LLC law revision, can create pressing needs.

I/we need to get feedback from the membership (my email address is below) on the programs and their purchase timing.

Some parameters: 1. Usage/appeal: our usage is 25 to 30 or less over about 16 months (the remaining shelf-life when we get the CDs).

2. TFB provides, for free, the “Survey of Florida Law 20xx.”

2014’s contained 12 CLE hours in a “mix” (substantive law, ethics, professionalism, etc.). We get the free one and buy one ($75) every year.

3. The program’s costs vary. We currently plan on about a $3,500 per year budget. About $350 is currently committed. The programs’ costs vary ($180 to 225 for 1 day, up to $500 for longer). The CLE section of the Florida Bar website has a program listing. Non-TFB providers must give copyright permission for our use. RG T. Rankin Terry, Jr., BSME (Kentucky), JD (Washington Univ. St. Louis), LLM (Tax) (Florida), has been board certified in Civil Trial since 1983 and a Certified Mediator since 1994. He has practiced in Fort Myers since 1972.

Email: trterry@gmail.com.

James F. Caudill Woods, Weidenmiller, Michetti & Rudnick, PL

Frank C. Holley Philip V. Howard Osterhout & McKinney, P.A.

William M. Treadwell Correction: In the September issue, the firm name Osterhout & McKinney, P.A. was misspelled.

We regret the error.

18

RES GESTAE | October 2014

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Legal Lens 1

2

3 5

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6

LCBA August Luncheon Legislative Update and PACE Check Presentation

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8 9

1 Claudia Volk, Scott Atwood and Nirupa Netram 2 Frank Jean LMT and Theresa Daniels 3 Suzanne Boy and Judge Amy Hawthorne 4 John Agnew and Rep. Heather Fitzenhagen 5 Jennifer Benton and Alan Gaunt 6 Kathryn and Richard Hoffman of Hoffman, CPS LLC, Certified Civil Process Server 7 Jack Weiss 8 Sawyer Smith 9 Dan Endrizal and Mary Evans

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RES GESTAE | October 2014

Legal Lens 1

4

2

3

5

LCBA August Luncheon Legislative Update and PACE Check Presentation

6

1 John Agnew and Miguel Fernandez 2 Anne Dalton 3 Rep. Heather Fitzenhagen and Brian Vigness 4 Sandy Stillwell and Christina Schwinn

7

5 Lynnae Stewart and Laurie Kemp of PACE Center for Girls-Lee, with PACE girls 6 Cole Peacock and Carla Ronko 7 Judge Alane Laboda, Connie Ramos-Williams and Judge Josephine Gagliardi

October 2014 | RES GESTAE

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RES GESTAE | September 2014

LCBA Launches New Website

by Sara Fitzpatrick Comito

The LCBA strives to be a leader in advancing professionalism, among other things, so it’s only fitting that the organization itself put its best foot forward with its online presence. The year of “Practice Building,” which is President John Agnew’s theme, may be approaching its conclusion, but its effect will be felt for years to come. One important initiative that forms the foundation for a lasting legacy is a shiny new website, created under Agnew’s direction.

A clear winner The LCBA partnered with CONRIC PR & Marketing| Publishing to build a new site that could offer tons of functionality, while leaving room for expansion of the features.

These days, a person who is unfamiliar with an organization is likely to visit its website first, before picking up the phone. The old website was outdated and limping along on a platform with minimal functionality. “For this reason, and to better serve all our members, it was vital that the LCBA make the investment in a new and improved website,” said Executive Director Nanci DuBois.

A study has shown that users form a first impression of a website in less than two-tenths of a second. Community members are bound to form a positive first impression based on the aesthetics of the new site, with its elegant, clean layout.

Window dressing only goes so far, of course. LCBA members are sure to appreciate the improved functionality, ease of use and other valuable perks that will enhance membership benefits.

Go ahead and visit leebar.org and you’ll see the outdated site that served well enough in its early years has been replaced by something that will prove much more useful.

You’ll notice the Calendar of Events is easy to read, and rather comprehensive. Users will now have the ability to RSVP and pay for events conveniently online, as applicable, by simply

clicking on the name of the event and following a few easy steps. Agnew said, “Likewise, I wanted our sponsors to be able to see the same, and be able to make sponsorship decisions and pay for those sponsorships online.” Therefore, valued Event Sponsors are now able to select events they would like to sponsor throughout the year and enjoy the ease of making payments online. Those who had gotten weary of having to print and fax the credit card form will breathe a big sigh of relief.

See and be seen Another important requirement for the site was that the Member Directory be viewable and searchable by the public.

“The LCBA’s site can now be a go-to for anyone in the community looking for an attorney,” said CONRIC CEO Connie RamosWilliams, who has been working with the LCBA on a strategic plan for the new website for more than two years. Search is October 2014 | RES GESTAE

23

enabled by attorney name, firm name, location or practice area.

Members will enjoy having this online presence as a member benefit instead of, or in addition to, the paid lawyer directories they may already use.

By going to “Member Login” under the “Membership” tab and then signing in, members can easily update their directory listing with new contact information or practice areas, or a new head shot photo (simply click “Lost your password?” in the login area if you’ve forgotten your username or password).

The previous site contained a directory that was not accessible by the public, and the last published print directory was produced in 2010. For this reason, members are encouraged to log in to the new site to make sure their published address, contact information and practice areas are current. Members who prefer to hide their email address or phone number from public access can elect to unpublish this information. Member information would remain available to the LCBA and other members, but not to the public if so elected.

CONRIC’s Digital Strategist Michelle Hudson said, “A large portion of the heavy lifting in this project involved migrating over the massive database records from the old site, including the individual member directory listings. All that information is now bundled together in a sensible way to facilitate updating of member listings and generally provide peace of mind regarding the integrity of the inner workings.”

Lean and mean For yet more “must have” functionality, John Agnew said, “I wanted to have the Lawyer Referral Service intake process online and as fully automated as possible, to streamline the process for potential clients and reduce administrative costs directly attributed to LRS.” By clicking the “Lawyer Referral Service” tab, visitors to the site can learn how LRS works and fill out the intake form.

The LCBA encourages members to check out the new LRS service section online and consider signing up to take advantage of this member benefit.

Agnew had one more requirement: “I wanted to have a place where members could access Res Gestae online, whether because they are green-wise and want to opt out of receiving a hard copy, or because they want to look up an article from a past 24

RES GESTAE | October 2014

issue.” Current and archived copies of Res Gestae are available to members only in an effort to maintain the exclusivity and value to members.

You’ll notice the award-winning magazine has earned its very own navigation tab, where visitors can learn about advertising opportunities and even order and pay for their ads online.

In addition to Res Gestae, members, law firms and businesses may now advertise on the new LCBA site and the new LCBA eNewsletter. There are limited advertising spaces available on the site and eNewsletter, however. Therefore, anyone interested in advertising in Res Gestae, leebar.org or LCBA eNewsletter should act quickly by contacting Linda Fiore at (239) 690-9840 or resgestae@ leebar.org.

CONRIC’s Advertising Director, Fiore can provide personal guidance to help achieve potential advertisers’ business objectives and walk you through the process with ease online.

Another added value to members is the “In the News” section of the new site. Any member with news to announce such as a promotion, certification or office relocation should send their news releases, photos or editorial submissions to resgestae@ leebar.org for publishing consideration in both Res Gestae and our “In the News” page online.

LCBA members, go ahead and kick the tires. Continued enhancements to the site are still being made, even as you read this, but you’re bound to be pleased with the changes so far. The address is the same: leebar.org. With questions or suggestions, contact info@leebar.org. RG

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Real Estate

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RES GESTAE | October 2014

Real Estate

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October 2014 | RES GESTAE

27

Community Connection Featuring Nirupa Netram, Esq.

by Sara Fitzpatrick Comito

How is it possible to graduate with a greater than 4.0 grade point average? There’s probably a technical answer involving giving extra weight to honors classes, but for Tiffany Ramos, the answer starts with Goodwill Industries of Southwest Florida, Inc. Tiffany was diagnosed Trailways Camp with a rare eye disorder Nirupa Netram, Esq. early in life, resulting Job-Link is a service providing assistance with resumes, job in loss of sight in her right eye and low vision in her left. applications, college aid applications and more, with the aid She was also diagnosed with osteoporosis, and was bullied of a modified RV containing 12 computer work stations. The by her peers because of her disabilities. It would seem the Pathways program, Goodwill’s newest mission service, provides odds were stacked against her. But then she enrolled in the services to adults with disabilities seeking opportunities to Able Trust High School/High Tech program. The Goodwill achieve independence. Pathways to Work offers job-focused program provides mentoring, leadership opportunities and options to receive training, increase job skills and abilities, and job shadowing for students with disabilities. Tiffany earned her earn a paycheck. Pathways to Opportunity offers group classes 4.16 GPA, graduated from FGCU in 2009, accepted a position focusing on life skills development in areas such as individual as a program analyst at the Pentagon, and today works with the rights and advocacy, computer skills and money management.

Netram works out of the Opportunity Center, home to the U.S. Department of Labor. corporate office, outlet center, e-commerce, LIFE Academy Tiffany’s story underscores the dozens of valuable services charter school, Secure Shred, Pathways program and more.

Goodwill provides beyond housewares and clothing donations, thrift sales and store-based employment. Such stories help “I am fortunate to interact with store employees through various events, meetings and training sessions.” she said. illustrate why Attorney Nirupa Netram Netram often joins participants in the made the leap from member of the Pathways program for lunch. “This gives organization’s board to its first Senior me a chance to interact, share thoughts Director of Corporate Compliance, and exchange ideas in an informal leaving a long and successful law career in atmosphere. These are some of the most the public and private sectors. fulfilling and meaningful moments of my Being on the board gave Netram a job— to see what a difference Goodwill is chance to study the organization, and she making in so many lives.” soon came to realize she could make a The experience Netram attained in bigger difference by being an integral part her legal career transferred seamlessly of it. In her current role, she helps ensure to her position. “I became an attorney that Goodwill Industries of Southwest because I truly wanted to help people,” Florida complies with regulatory and she explained. “I now work for an accreditation requirements and that organization that helps so many people programs and employees abide by in countless ways.” That does not mean corporate policies and procedures. readers of this magazine would also need Goodwill’s services include incometo unhang their shingle in order to do a sensitive barrier-free housing for persons lot more good in their community. with physical disabilities. The Mobile Success Story Tiffany Ramos 28

RES GESTAE | October 2014

Community Connection

Jean Devereaux Apartments

If you shop at or donate to Goodwill, you are already helping its mission, which improved the lives of 37,000 individuals across Southwest Florida last year alone. Fully 86 cents of every dollar directly supports its programs and services. There are far more ways to help, however. Consider donating to the Southwest Florida Goodwill Foundation, which provides long-term support for the organization’s programs.

Tux & Trees Gala

Sponsorship opportunities exist for the annual golf tournament, Festival of Trees and Breakthrough Awards.

You can put your money where your business is, and receive tax credits for hiring people with disabilities. Another way to help is to use Goodwill’s Secure Shred, janitorial, floor care, maintenance and vending services. “Volunteering at our Trailways Camp is also a truly life changing opportunity,” said Netram.

This residential camp for adults with special needs offers the chance (often for the first time) to go fishing, perform in a talent show, canoe and more, all while building friendships.

Netram likes to quote Anne Frank: “No one has ever become poor by giving.” Indeed, with all the ways to help, supporting Goodwill’s mission is one sure way to enrich one’s life. Find out more at goodwillswfl.org. RG

October 2014 | RES GESTAE

29

The Dish

Dani’s Daytime Diner Many online visitor reviews warn The tagline for Dani’s Daytime Diner against judging from the outside, and that is Homemade food made fresh for you, but if my teenage son had his druthers, it is sage advice. Occupying one quarter of a nondescript retail strip just to the north would read, Insanely cheap, yet awesome. of the Popeye’s Chicken on Fowler Street, A budding computer programmer, he Dani’s is as warm and welcoming inside employs a lot of if/then thinking, and his as its front-of-house staff, including bemused pronouncement affirmed that Romanian-born owner Daniela Alvarez no longer in his mind were “cheap” and and Kim Garde. “awesome” mutually exclusive. They grow I don’t know Kim’s official title, but up so fast. in my mind, she is the once and forever Likewise, the storefront belies the quality within. Perhaps you’re among Cheesecake Queen. I’ve probably eaten my weight in cheesecake over the course the legion of fans who have already of my lifetime, and Kim’s is out of this discovered this hidden gem lying in plain world. It’s light and not too sweet, and sight. A quick Facebook check-in resulted the fresh, good quality ingredients are in enough rapid fire notifications to make harmoniously proportioned so that tart a smartphone chime like Big Ben, with Daniela Alvarez, owner pop of dairy edge is there, even while it thumbs ups and comments from friends espousing their undying devotion, and regrets that some envelopes a layer of dark chocolate mousse and is festooned family or work obligation prevented their regular breakfast with ribbons of raspberry glaze. The pumpkin is my favorite, visit on that particular Saturday. Seems like everyone knew and I ordered the last slice in the house.

Local newspapers have provided a nice amount of coverage about this place, except the Comitos! But if you are in that on Daniela’s Eastern European-inspired cooking, which I same unfortunate boat, let me draw you into the fold.

30

RES GESTAE | October 2014

The Dish

somehow missed. She’s camera-shy, but was enthusiastically grateful to have gained the attention of this magazine and its particular readership. Fowler is a quick hop to and from the justice center, and just far enough to escape when the drama downtown gets on your nerves.

On Wednesdays, Dani serves handstuffed pierogies with seasoned meat or mashed potatoes—these she sells by the piece, as they’re so filling. Sarmalute cu mamaliguta (stuffed cabbage with polenta), schnitzel and homemade Romanian sausage with mashed potatoes and sauerkraut are also periodically featured as specials alongside the regular, decidedly American lunch items, which include homemade soups, salads, sandwiches and desserts. The café’s Facebook page is faithfully updated with all the specials.

In the Comito household, a typical Saturday morning features a family yoga class, a trip to the farmers’ market and a late brunch. Having grown tired of the usual go-to spots, I located Dani’s using a quick Google search and then asked by phone the question to which I always brace for a negative reply: “Do you serve breakfast all day?”

Brunch is a many splendored thing. Hence did we come to have onion rings, eggs benedict, a Cuban sandwich, French toast and cheesecake all at the same table. True to form, my son pointed out we could have ordered every single item on the breakfast menu for $48. I probably did my own math, and chided about how many lawns he’d have to mow to achieve that worthwhile goal. Seriously, for generous portions of fresh, delicious food at a low price and in a central location, Dani’s is a definite go-to. Call me an overachiever, but my research for

this article—heavy hitting, investigative journalism that it is— consisted of two separate visits. The first time, I didn’t realize just how good a thing I had found. And then biscuits and gravy happened. And cheesecake. RG Sara Fitzpatrick Comito is the Communications Editor for CONRIC PR & Marketing | Publishing, and associate editor of Res Gestae magazine. For suggestions and comments on this regular feature, contact Sara at Sara@ConricPR.com.

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Saturday: 8 a.m. to 2 p.m.

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October 2014 | RES GESTAE

31

20th Judicial Circuit Peer Review

By Administrative Order, the Twentieth Judicial Circuit has approved the Standards of Professional Conduct for lawyers practicing in the Circuit. In conjunction with the Standards, the Order established what is now known as the Peer Review Panel.

The Peer Review Panel is a non-punitive, confidential program to promote professionalism. The Standards are a practical set of guidelines for decency and courtesy. The Preamble of the Standards provides: The practice of law is a privilege, not a right. In exercising this privilege lawyers must not pursue victory at the expense of justice nor at the rise of the loss of the lawyer’s reputation for honesty and professionalism within the legal community.

If you take some time and read through the Standards, you will likely find they are already part and parcel of your practice.

However, there are times when attorneys fail to comply with the Standards. When that occurs, a referral can be made to any local bar association or to a member of the Panel. There are specific procedures for the Peer Review Panel to follow when a referral is received and all referrals to the Panel are strictly confidential and absolutely privileged.

In the event the Panel determines that conduct occurred that does not comply with the Standards, the attorney will be advised in writing of the determination. In addition, the Order provides the Panel is to provide a redacted summary of decisions to each County Bar Association for publication. It is

the goal of the Peer Review Program that these publications will inform and educate members of the Bar and make the practice of law in our circuit better for all.

RE: Referral No. 2013-01 The Panel received a Referral asserting non-compliance with Standard B(7) of the Twentieth Judicial Circuit Standards of Professional Courtesy and Conduct. Standard B(7) provides that “…Attorneys should notify opposing counsel, the court, and others affected, of scheduling conflicts, as soon as they become apparent.” Standard K(1) also provides that “…

Attorneys should always deal with parties, counsel, witnesses, jurors or prospective jurors, court personnel and the judge with civility and avoid undignified or discourteous conduct.”

Attorney “A,” the firm’s managing partner, was scheduled to appear before the referring on January 15, 2013 at 9 am. At 8:39 am, the office of attorney “A” called to advise the Court that attorney “B” would instead be appearing and “was stuck in traffic.”

The client was present, however neither attorney “A” nor attorney “B” appeared at 9 am, and at 10 am the Court continued the case.

At 11:08 am, Attorney “C”, an associate with the firm, appeared before the judge requesting information on what had transpired at the 9:00 am trial and requested a continuance.

The judge thereafter issued an Order to Show Cause requiring attorneys “A” and “B” appear before the Court to show cause

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RES GESTAE | October 2014

What the mediator can do, though, is assist the divorcing or post-judgment couple in formulating ideas that can eventually lead to agreements that will stand the test of time. That open and free exchange of information frees up each party to negotiate with each other in confidence. Because both parties are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to each party.

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why they should not be held in contempt.

In correspondence submitted to the court prior to the Show Cause hearing, attorney “A” explained the logistical issues occurring on the morning of January 15th when attorneys “A” and “B” were scheduled to appear in multiple matters in Fort Myers and, at the last minute, arranged for an associate, attorney “C,” to appear before the judge in Punta Gorda.

Attorney “A” appeared before the Panel and attorney “B” declined the invitation.

Attorney “A” candidly addressed the Panel, offered an explanation of the events, and advised the Panel of the considerable and ongoing efforts to address scheduling, coverage, and other office and administrative issues.

Regarding the conduct of both attorneys, the Panel determined both attorneys failed to comply with Standards B(7) and K(1). Implicit in Standard B(7), and as required by the Rules of Professional conduct, attorneys should not take cases for which they are not able to fully, properly, and timely represent the interests of the client. While scheduling multiple hearings on the same day has become all too frequent, it remains the responsibility of the attorney to timely file an appropriate motion to continue, and at appropriate times, decline to accept representation. Further, K(1) requires an attorney to deal with the court with candor. RG Michael Randolph is Chair of the Peer Review Panel for the Twentieth Judicial Circuit.

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the Lee County Bar Association’s

100 Club Aloia Roland & Lubell, LLP Arend & Sisk, P.A. Associates and Bruce L. Scheiner, P.A. Bonita Springs City Attorney’s Office Costello Royston & Wicker, P.A. Boyle Gentile & Leonard, P.A. Burandt, Adamski & Feichthaler, P.L. Calvo & Calvo Coleman & Coleman Cole, Scott & Kissane, P.A. DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A. Engvalson & Associates, P.A. Fort Myers City Attorney’s Office Fowler White Boggs, P.A. Fried & Fried, P.A. Garvin Law Firm Geraghty, Dougherty, Edwards, P.A. Goldberg, Racila, D’Alessandro & Noone, LLC Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Green, Schoenfeld & Kyle, LLP Grossman Law & Conflict Management Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A. The Law Offices of Kevin F. Jursinski, P.A. Knott Ebelini Hart Kuhn Law Firm, PA Kushner & Kushner Lee County Legal Aid Society, Inc. McQuagge Law Firm North Law Firm, P.A. O’Halloran & O’Halloran, Attorneys at Law Osterhout & McKinney, P.A. Parvey & Frankel Attorneys, PA Prather and Swank, P.A. Patrone & Kemp, PA Pavese Law Firm Rhodes Tucker Roetzel & Andress, L.P.A. Rubinstein & Holz, P.A. Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Spivey Law Firm, Personal Injury Attorneys PA Steinberg & Linn, P.A. Strayhorn and Persons, P.L. Toll Law Viles & Beckman, LLC Webb & Scarmozzino, P.A. Weldon & Rothman, P.L. Wilbur Smith Law Firm, PLLC Yeslow & Koeppel, P.A. Is your firm part of the 100 Club? Any firm with 2 or more attorneys and 100% membership in the LCBA qualifies. If you feel your firm is eligible fax a listing of your attorneys to (239) 334-0523 and we will let you know.

October 2014 | RES GESTAE

33

On the Bench Hon. H. Andrew Swett As an attorney, now-Judge Andrew Swett was able to employ a fair bit of storytelling in his client advocacy. These days, as the impartial party, his tales are told mostly outside the courtroom.

Consider, for instance, how the boy from Old Town, a rural enclave southwest of Gainesville, got started on his journey to the bench: “I went to law school because I spent too many days working on our dairy.” When confronted with this resolution to break with family tradition, his father was unfazed, and responded, “Well, if you want to do something really special, you should go be a judge.”

With Rick Scott’s appointment 2011, Judge Swett made good on that advice. He calls his position on the bench a dream come true. The major challenge in transitioning from advocate to referee has been the frustration of observing counsel fail to ask the questions that should be asked. Mostly, though, the position has been liberating. “Sometimes when you’re a lawyer, you have to persuade yourself you’re right,” he explained. “As a judge I don’t care who’s right, I don’t have to chose a side, I just have to do what’s right.”

As a county judge, he presides over a large variety of civil and criminal matters, but Mental Health Court has become a particular passion. He admits that trial attorneys may sometimes have a different view of this alternative court, but he has witnessed personal transformations that he characterizes as nothing short of miraculous. The judge said, “It has really has affected me. I’ve totally drunk the Kool-Aid,” So much so, that he is the presiding judge for Mental Health Court. This diversion program employs a non-adversarial team approach to stop the cycle of incarceration of people with mental health issues, seeking instead solutions involving proper medication, housing and support groups. “I go to a lot of seminars about these alternative courts, and I can’t say enough about them,” the judge attested. A similar track for veterans is also being explored.

When not at work, Judge Swett is cheering on his children, a daughter at Stetson who plays soccer and a son at Fort Myers High who is a runner. He also helps run the Lee County Strikers, a youth soccer club.

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From the Bar James L. O’Leary II, Esq. “I genuinely believe in honesty, the truth, and the fundamental principles our legal system rests upon,” said Jim O’Leary. The Bonita Springs personal injury attorney is a solo practitioner, a situation he feels provides the freedom to make a difference, especially for “the little guys”— people facing daunting odds and circumstances. “It gives you the opportunity to take on cases that are interesting, make your own decisions about case selection, and provide a service to a person in need.”

O’Leary traces his respect for American values such as liberty and responsibility for serving one’s country to his parents. In high school he traveled to Washington, D.C. which cemented his dream to become an attorney. He considers practicing law one of the highest callings a citizen can pursue.

Some of the “little guys” he’s championed include a minor who had been raped in a juvenile detention facility, a stranded motorist who was struck by a tractor trailer and a counselor who was murdered by two juveniles at a wilderness boot camp. Some of his most rewarding cases had been turned down by other personal injury lawyers, presumably for being too risky. A zero offer case that resulted in a multi-million dollar verdict has been one of the highlights of his career so far.

O’Leary counts those as some of the more memorable, but his everyday cases provide plenty of gratification. “Being a personal injury attorney gives you an opportunity to positively impact people’s lives above and beyond obtaining compensation for the actual harm itself,” he explained. People need an advocate they can trust who can empathize with their frustration and/or grief and get them positive results in the justice system.

O’Leary strongly values “being able to help promote and foster the credibility, integrity and legitimacy of the rule of law as a keystone foundation of our civilization.” As a proponent of lifelong continuing education, he enjoys volunteering with Justice Teaching and Law Week in our schools. “By participating in government, we can help shape our public policy and ensure our laws are created, enforced, and interpreted in a manner that is wise, efficient and just.”

He and his wife April have three daughters, ages 13, 11 and 7.

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Legal Briefs Berkey presents on healthy planning and design Along with several fellow experts in the field, Katheleen Oppenheimer Berkey presented“Building Healthy Places: Integrating Health into Planning, Designing, Developing and Managing our Communities” at the Florida Chapter of the American Planning Association’s annual conference in Jacksonville.

The presentation included a summary of the Southwest Florida case study on the College Parkway Corridor in Fort Myers conducted in March as part of a year-long project undertaken by the five Urban Land Institute (ULI) District Councils in Florida.

Berkey, a Pavese Law Firm attorney, served as chair for the study, which examined ways to apply ULI’s “Ten Principles for Building Healthy Places” to the College Parkway Corridor with the goal of raising awareness of the relationship between community design and the health of area residents. She also discussed the common legal challenges of healthy planning and design initiatives and possible solutions.

Sims re-elected to Fort Myers Christian School board L. David Sims, chair of the Divorce, Marital and Family division of Henderson, Franklin, Starnes & Holt, P.A., has been re-elected as a director on the board of Fort Myers Christian School. The School was established in 1979 and embraces a traditional approach to the elementary and middle school curriculum, with a strong emphasis on phonics, critical thinking skills, study habits and a disciplined approach to learning.

This will be Sims’ seventh year serving on this governing body, which works to promote the school, set the budget and tuition, assist in fundraising and participate in school activities such as the eight grade mission trip to South America. On that trip, students are involved with construction projects, bible school and getting to know children in a different culture.

Sims’ two grandsons attended FMCS, and he said he continues in his support because of its academic record and strong Christian spiritual foundation.

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Legal Briefs The ABA partners with the Hazelden Betty Ford Foundation The American Bar Association Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation are collaborating on a new research project to survey the current rates of substance use, depression and anxiety among licensed attorneys throughout the U.S. The survey will capture current data on these issues, with the results expected to affect all sectors of the legal community. From law schools and law students to the judiciary and disciplinary committees, the entire legal profession can benefit from this research.

Hazelden Florida Executive Director Brenda J. Iliff said, “Previous studies have shown that lawyers have a higher rate of alcoholism and depression than the general population and other professional groups.

Anecdotal reports we heard at two recent Hazelden-sponsored public forums for both Lee and Collier County on legal issues and addiction suggest the number of lawyers struggling with such issues in Southwest Florida may be increasing.” For more info: americanbar.org/groups/lawyer_assistance.html

Lile named to 2DCA Judicial Nominating Commission Laird A. Lile was appointed by Gov. Rick Scott to the Second District Court of Appeal Judicial Nominating Commission for a term beginning Aug. 29, 2014, and ending July 1, 2018.

The Naples attorney is also an elected member of the Board of Governors for The Florida Bar. He is past chair of the Bar’s 9,000-member Real Property, Probate & Trust Law Section. He is an elected member of the Board of Regents, past state chair and a fellow in the American College of Trust and Estate Counsel. In addition, Lile was appointed by the chief justice to a second three-year term on the Supreme Court’s Florida Courts Technology Commission, which is overseeing the technological overhaul of the state’s courts.

Laird A. Lile, P.A. offers legal counsel on estate- and trust-related matters, including estate planning, estate and trust administration, probate-related litigation and tax matters.

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Legal Briefs The Livingston Firm adds new partners Erica L. Loeffler and Bryan L. Loeffler have become shareholders of the The Livingston Firm. The firm, which has offices in Naples, Fort Myers and Sarasota, will continue under the new name of Livingston Loeffler, P.A. Erica focuses her practice primarily in the areas of trademarks, trade secrets, copyrights, domain name disputes, Internet law, franchising and related litigation. She enjoys guiding business owners through the franchising process, which includes protecting their business concepts, product names and business names.

Bryan is a U.S. Registered Patent Attorney and is Board Certified in Intellectual Property Law by The Florida Bar. He focuses his practice in all areas of intellectual property law including obtaining and enforcing patents, copyrights, trademarks and trade secrets. He has experience preparing and prosecuting patent applications covering complex mechanical and electrical devices, as well as computer software, mobile applications and related business methods.

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Legal Briefs Clerk opens Historical Document Library Did you know that the earliest official recorded document in Lee County dates back to 1887 - when Lee first became a county? Did you know that the Recording Office has plat maps dating to 1887 and marriage license records dating to 1888?

Lee County Clerk of Courts Linda Doggett has announced that these and other documents are now available for public perusal at the new Historical Document Library in the Recording Office. The library is free and open 8 a.m. to 5 p.m. Monday through Friday at the Administration Building at 2115 2nd Street, 2nd Floor, Fort Myers.

Joanne Miller, a member of the Southwest Florida Historical Society and a 30-year employee, and Recording Office manager Sharon Smith had the vision to bring the Historical Document Library to realization. With the approval of Clerk Linda Doggett, unused office space within the Recording Office was transformed into the two-room Historical Document Library, where visitors can view more than 150 primary record books, records and maps.

An interesting glimpse into the region’s past is the Marks and Brands Record 2 Book. This dates to the era of the Southwest Florida frontier, when cattlemen and hog ranchers submitted their marks and brands for their livestock to the Clerk of Court for official registration. Other books and records of interest are: Bride and Groom indexes, County Commissioners Minutes General Index from 1887, Land Sold for Taxes, Tax Deed Certificates Redeemed, and Tax Deed Sales.

Due to the nature and condition of these historical documents, handling and copying policies have been put in place. Many documents are available on the Clerk’s website although researchers are welcome to photograph and use a hand-scanner to take images of specific books or pages.

For more information, contact the Clerk’s Office at leeclerk.org or 533-5000.

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