Res Gestae - October 2020

VOTING IN AMERICA Do citizens have the protected right to vote by mail?

Pro Bono makes a difference

Meet our superstars

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • OCT 2020

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contents on the cover

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ad directory

Voting in America

Do citizens have the protected right to vote by mail?

Keith Grossman, Esq.

Cover: mail-in ballot

special feature

26

Pro Bono makes a difference for others

20

Keith Grossman, Esq.

departments 6 Letter from the President

18 Guest Attorney Column

8 Letter from the Executive

Matt Roepstorff, Esq.

Director

Lauren Baugh

10 Calendar of Events

DACA has a lengthier history than you know

Pablo S. Hurtado, Esq.

30 The Dish

Life - The Vegan Drive Thru Lauren Baugh

12 Ethically Speaking

28 New Members

14 Practice Section

34 5 Things You Don't Know

Henry Lee Paul, Esq.

General Civil and Business Litigation

Carlos A. Kelly, Esq. & George H. Knott, Esq.

16 YLD Spotlight

Tiffany Pereira, Esq.

22 Legal Lens

Flashback to 2017

36 100 Club

About Me

Terri Crogan (JA to Hon. Thompson)

36 5 Things You Don't Know

About Me

Michael Camadeco, Esq.

38 In The News

24 Legal Lens

Flashback to 2017

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president's letter COVID-19 has played the ultimate Trick-or-Treat on us this year. While navigating information, data, and headlines is increasingly difficult, many are now welladjusted.

LEE COUNTY BAR ASSOCIATION administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

executive council

We all had new experiences adapting to life with COVID. For example, our children and students returned to school (either in person or virtually), and thousands of citizens went to the ballot box wearing masks, social distancing, and remaining conscious of all contact.

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

committee chairs BENCH-BAR GALA

LAW RELATED EDUCATION

Danielle Butler, Esq.

T. Rankin Terry, Esq.

DIVERSITY AND INCLUSION

LAW WEEK

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

Hon. John S. Carlin

HEALTH AND WELLNESS

LCBA FOUNDATION CHARITY GOLF TOURNAMENT

John Miller, Esq. and Joel Hyatt, Esq.

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

HISTORY

MOCK TRIAL

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

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

Shanthy Balachanthiran, Esq.

practice section chairs ALTERNATIVE DISPUTE RESOLUTION

Anne Dalton, Esq. and Bill Merchant, Esq.

I extend my thanks and appreciation for everyone’s understanding in cancelling this year’s Bench-Bar Gala. In particular, we are extremely grateful to our annual and corporate sponsors who support the Lee County Bar Association year in and year out. Our sponsors are integral partners in achieving the mission and goals of the LCBA.

LAND USE AND GOVERNMENTAL LAW

Alex Brockmeyer, Esq. and Matthew Irwin, Esq.

Erica Woods, Esq. and Sarah Spector, Esq.

CRIMINAL LAW

REAL PROPERTY, PROBATE AND TRUST LAW

ELDER LAW

Blake Hampton, Esq. and Amy McGarry, Esq. FAMILY LAW

Christina Holly, Esq. and Mellany Marquez-Kelly, Esq. GENERAL CIVIL AND BUSINESS LITIGATION

George Knott, Esq. and Carlos Kelly, Esq.

Leebar.org

IMMIGRATION LAW

Indera DeMine, Esq. and Nirupa Netram, Esq.

APPELLATE LAW

Leah Harwood, Esq. and Kathleen Fitzgeorge, Esq.

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

TREASURER

Tiffany Pereira, Esq.

BOARD MEMBERS

About elections, the time for choosing our 2021 Members at Large is fast approaching. The full slate of nominees will be sent out this month. Submit your ballots by November 15 to ensure your vote is counted choosing next year’s Executive Committee. I know all our outstanding nominees would serve admirably and represent our members with the highest degree of professionalism and character.

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VICE PRESIDENT

Blake Hampton, Esq.

Spencer Cordell, Esq. Peter Knize, Esq.

In these times, we can all find ways to contribute. By donation of goods, nonperishables, clothes, services, or personal funds, everyone can make a difference. Our Pro Bono honorees are an inspiration and an example to all of us who wish to make a difference in others' lives. If you feel the call to provide Pro Bono services, please reach out. There is more information how to do so in this issue.

Rest assured, the Executive Committee meets regularly to discuss ideas to provide value to our members, sponsors, and all stakeholders. Our attention is focused on this year, as well as the year ahead. Our door is always open for ideas and suggestions on any content, programming, or information that best serves our membership and stakeholders. As always, stay safe.

SECRETARY

Kathy Smith, Esq.

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

Despite the fear and anxiety change brings, we push forward. We never should underestimate the resilience of our community and its ability to adapt to trying circumstances.

This month, we celebrate our exemplary members who provide outstanding Pro Bono services. To freely give one’s time in service to others is the most admirable form of service. Too often these Pro Bono champions go unheralded, mostly at their own request. Their humility is second only to their acts of service.

PRESIDENT

Matt Roepstorff, Esq.

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

Conor Foley, Esq. TORT LITIGATION

Dawn Maselli, Esq.

executive director's letter Whew! September was a busy, busy month…but we are not taking any breaks. October is just as busy!

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

We have many wonderful events planned for our membership! You should be receiving my “News You Can Use” weekly email newsletter.

This is where I list all our events. If for some reason you are not getting this newsletter, please do not be shy. Reach out, and I will make sure you are on our list!

239.334.0047 resgestae@leebar.org

staff PUBLISHER

Connie Ramos-Williams | 239.690.9840 Ext. 1001

EDITOR-IN-LAW

Tiffany Pereira, Esq.

MANAGING EDITOR Keith Grossman, Esq.

As always, if you have an idea for a CLE or presentation in general, or for any of our sections and committees, please let me know. I am happy to assist with the execution of your ideas!

CREATIVE DIRECTOR April Bordeaux

ADVERTISING DIRECTOR

Reminder: if you are looking to check out a CLE or CLE disk from our Office, please email Mairelis at MTamayo@leebar.org to check what is available at that time and arrange a time to come to the office to borrow them. We are now taking suggestions on what CLE disks to order for next year!

Linda Fiore | 239.690.9840 Ext. 1006

FEATURE WRITER

Keith Grossman, Esq.

CONTRIBUTING WRITERS Matt Roepstorff, Esq. Lauren Baugh Henry Lee Paul, Esq. Carlos A. Kelly Esq. George H. Knott, Esq. Tiffany Pereira, Esq. Pablo S. Hurtado, Esq. Terri Crogan Michael Camadeco, Esq.

I sincerely miss all of you! I cannot wait to get back to our inperson CLEs, socials and meetings. Not being able to shake hands and hug in person is hard for me; I am a social butterfly and love the camaraderie of this position.

We are in the midst of 2021 planning and would love to hear any ideas that you would like to see come to life – whether they be CLEs, Bowling Night, Ice Cream Socials, Spaghetti Eating Contests, Woodworking with a local celebrity, or anything else!

Now taking all in and out-of-the-box ideas!

Did you know the LCBA has a charitable arm? The Lee County Bar Association Foundation is our 501(c)(3) organization, and each year it issues grants to nonprofit organizations who share the mission of wanting to better the community, both in and out of the legal realm. The Grant Application is NOW up on our website and can be accessed on our “News You Can Use”. If you have any questions about the Foundation, please email me.

If I can help, I will; if I cannot, I will get you in touch with the Foundation to get your questions answered.

Lastly, thank you all for nominating our 2020 Pro Bono Superstars. These nominees will be showcased in our October 16, 2020 Pro Bono Superstars Awards Ceremony via Zoom!

Please join us.

CONTRIBUTING PHOTOGRAPHER Jim Jett Photography

BILLING INQUIRIES 239.334.0047

Res Gestae is an award-winning magazine published monthly by CONRIC PR & Marketing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to resgestae@leebar.org.

We make every effort to ensure the accuracy of the information published, but we cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae or CONRIC PR & Marketing.

Copyright©2020 Lee County Bar Association Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission from the Lee County Bar Association. To inquire about such permission, please contact the Lee County Bar Association at info@LeeBar.org.

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

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October 2020

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

October

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Criminal Law Virtual Meeting & CLE with US Legal Support

Noon to 1 p.m. Speaker: Dr. Stuart Miles, Ph.D. Topic: Jury Research Techniques in the Age of Social Distancing

9

RPPTL Virtual Meeting

Noon to 1 p.m. Speaker: Jamie Schwinghamer, Esq. Topic: Guardianship 101 for Estate Planners

16

Pro Bono Superstar Virtual Awards Ceremony

Noon to 1 p.m. Join us via Zoom to acknowledge and celebrate the Pro Bono Superstars in our legal community.

22

Pro Bono Committtee Virtual Meeting & CLE

Noon to 1 p.m. Speaker: Nirupa Netrum, Esq. Topic: Diversity and Inclusion in Law

23

YLD Virtual Meeting & CLE

Noon to 1 p.m. Speakers: Hon. Josephine Gagliardi, Hon. Tara Paluck, Hon. Devin George, Hon. Kathleen Smith and Hon. Amira Fox. Topic: Criminal Law Updates for Lee County during COVID19

29

Health and Wellness Committee Virtual Meeting

Upcoming Events November

12

Intellectual Property Virtual CLE with Henderson, Franklin, Starnes & Holt, P.A.

Noon - 1 p.m.

Speakers: Luca Hickaman, Esq. and Mark Nieds, Esq. Topic: Competitive Advantage: IP Basics for Advising Business Clients

December

10

LCBA Member Holiday Party

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

hello October Visit us online at LeeBar.org to see more calendar items and RSVP for upcoming events.

Would you like to submit an event? Email your event submission to ResGestae@LeeBar.org.

Thank You to Our 2020 Annual Sponsors

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October 2020

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11

ethically speaking

Supreme Court Chief Justice Orders Supervised Practice Program for Bar Applicants by henry lee paul, esq.

T

he Chief Justice of the Florida Supreme Court has taken the extraordinary step to attempt to ease the hardship on Bar applicants whom had registered for the July 2020 Bar Exam. The Florida Board of Bar Examiners (FBBE) cancelled the Bar Exam as it fell victim to COVID and subsequent remote administration vendor software deficiencies.

On August 24, 2020, Chief Justice Canady issued Administrative Order AOSC20-80 that ordered the FBBE and The Florida Bar to implement a supervised practice program to allow eligible applicants to practice law until 30 days after the results of the February 2021 Bar Exam are released. The supervised practice program will have procedures similar to the certified legal intern program.

A supervising lawyer is defined as any member in good standing for five years, without pending discipline.

The Exam had been scheduled to be held in person on July 28-29, 2020. On July 1, 2020, The FBBE announced it had canceled the two-part in person test and rescheduled the Exam for remote administration on August 19, 2020. The

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rescheduled Exam was to be a one-day Exam that would administer only the Florida portion of the Exam. The FBBE then cancelled the rescheduled Exam just days before the rescheduled test.

There has been withering criticism of the FBBE and the Florida Supreme Court regarding the administration of the Bar Exam, which led to an extraordinary apology issued by Chief Justice Canady to the applicants and the public. Chief Justice Canady stated, “We acknowledge and accept the criticism that has been directed at the Court and the Board of Bar Examiners. Our inability to offer the Bar Examination in August was a failure. We apologize for that failure.”

The Administrative Order entered by Chief Justice Canady followed soon after the August 20, 2020 filing of a “Petition for an Emergency Rule for a Supervised Practice and Pathway to The Florida Bar Without Examination” in which over 50 current members of The Florida Bar petitioned the Court for similar relief (See, SC20-1236). The Petition is supported by 21 declarations of applicants who eloquently described the hardships experienced due to the cancellation and Leebar.org

the way the FBBE communicated the cancellation.

The Petition provides an outstanding review of the history and evolution of the Bar admission process as well as an examination of what it described as “the haphazard method in which the Florida Board of Bar Examiners has attempted to administer the Bar Exam in the Summer of 2020.” The Petition also points out that at least four jurisdictions (Louisiana, Oregon, Utah and Washington) have made emergency provision for some sort of diploma privilege or supervised practice.

The Administrative Order entered

by Chief Justice Canady is to be commended, and it is hoped it will provide some relief for the aggrieved Bar applicants.

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.

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practice section: general civil and business litigation

YOU’RE NEVER TOO OLD TO LEARN NEW TRICKS by carlos a. kelly, esq. and george h. knott, esq.

D

o you remember March? In case you forgot, that was before masks, before Zoom, and before working remotely.

In March, most of us would have scoffed at the idea of a highly contested litigation, with aggressive counsel and fired up clients, being mediated remotely. Back in March, most of us would have scoffed at the idea of taking a deposition remotely.

Back in March, most of us would have scoffed at the idea of arguing a significant motion remotely.

It’s nearly September as this article is being written. We will bet (and at least one of us doesn’t bet on the sun coming up) that every business litigator who reads this column has done all three of these things by now.

Zoom Mediation Do these work? We both say “YES!” Why does Zoom mediation work? It’s because in Old School Mediation (yes, that’s in person), you are actually in the same room with the opposing counsel and parties only briefly, and you rarely see them again. That means you are not really losing the “in person” factor with a Zoom mediation, because you were barely “in person” in the Old Days. Well, won’t people

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just disengage from a computer screen?

Sorry, but have you seen people so fixated on their smartphones they walk into traffic? That’s right, people actually seem to engage more with their smartphones than with other people around them.

With a Zoom mediation, you may have more engagement, and probably not less engagement, than Old School Mediation.

Zoom Depositions Do these work? One of us thinks the jury is still out on that. It’s definitely easier to manage documents in person. Sending all the documents in advance to the court reporter is fine. If you don’t also email the exhibits in advance to opposing counsel for counsel and the deponent to review, and are only relying upon “share screen”, you’ll probably draw an objection and a stoppage. One benefit of a Zoom deposition is that it makes for a cleaner transcript because people cannot successfully talk over each other on Zoom.

Zoom Hearings Do these work? We both think the jury is still out on that. While the “head and shoulders” view of the other participants allows you to better see how they are

Leebar.org

reacting, this creates a distraction for you.

Sure, you can focus on one participant (such as the Judge’s picture) and this minimizes the distractions caused by trying to focus on all the participants, but it does not eliminate those distractions.

Also, body language becomes less relevant since you cannot see it or display it.

We’ll be hosting a panel discussion next year, hopefully in person, but maybe via Zoom, to discuss how to maximize your effectiveness as a remote advocate, because some aspects of remote lawyering are here to stay after we emerge from the COVID-19 crisis.

Carlos Kelly, a stockholder for Henderson Franklin, represents his business and real estate clients in business litigation, eminent domain and inverse condemnation, title insurance, real estate litigation, intellectual property and enforcement and litigation. He is currently co-chair of the General Civil and Business Litigation Practice Section.

George Knott is a stockholder for Knott Ebelini Hart and practices in the area of business and construction law. He is Board Certified by the Florida Bar in Business Litigation Law and Civil Trial Law. George is currently co-chair of the General Civil and Business Litigation Practice Section.

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YLD spotlight

EYLD YLD and all things fall D by tiffany pereira, esq.

A

big thank you to PJ Scheiner with Associates & Bruce L. Scheiner for providing us with an awesome "Zoom: Best Practices" CLE last month.

Even after several months of using Zoom, I think many attendees walked away with new knowledge of how to maximize their use of Zoom, as well as other meeting platforms that are available for us.

Additionally, congratulations to all of the YLD rockstars who were honored during last month’s LCBA Pro Bono Luncheon!

With this year’s Pro Bono Challenge unfortunately being… challenged… by COVID, I was so excited to see how many of our members still found time to give back. Kudos to you all.

With that being said, October is here! I can’t lie, I’m definitely the type to start placing dozens of pumpkins on my porch, order a pumpkin spiced latte everyday, and start dreaming of all things fall, as if fall was actually a season here, the second September hits. Once October rolls around, I’m in full blown holiday season mode! I love handing candy out to the neighborhood kids at my parents’ house and watching my little one light up at all the costumes that come around.

With COVID still lingering, I polled some LCBA members to see if their plans had changed.

“We are all in and will be knocking on doors! Get ready neighbors!!!” – Kristianna Soto, who followed up with “I may be with my neighbors, putting candy in my own kids bags, but I will enjoy each day with my littles as long as I can.” We agree! r

Tiffany and family last yea

DED “We usually sit out on the driveway with the neighbors and pass out candy to the kids. We have music playing and jam out to "Thriller" on repeat!” – Dawn Maselli

DED “How it’s going to be celebrated is still up in the air! But it WILL be celebrated!! We have a few family costume ideas, so stay tuned! – Karla Campos Andersen

Karla Campos Andersen

and family

DED

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DED

Leebar.org

s and family dog Kristianna Soto with kid

“Probably going to carve faces in sweet potatoes.” – Denise Wheeler Wright

DED ato

Denise's carved sweet pot

“The DeMine boys are staying home.

Lord knows they don’t need candy, but costumes for sure!” – Indera DeMine

DED

nie Mouse

Melissa's daughter as Min

Indera with her superhero

kids

“My daughter Eden has said that she is going to get dressed up and sit in front of my mom’s house and wait for people to come by with candy for her!”

– Lauren Baugh

The Mongiello family is all in for trickor-treating this year! Our neighborhood usually sets up tables at the end of their driveways, so I think it should be a safe environment and prevents close contact.

Last year we had Minnie & Mickey – this year is still to be determined – but we are super excited! – Melissa Mongiello

DED

Personally, I hope there is some opportunity for me to pass out candy somewhere! Another thing October brings is plans for next year. If you are interested in joining the YLD Board, we would LOVE to have you! With so many ideas and events that were unable to happen this year, I know President-Elect Shae Williams is going to make next year an absolute blast! If you are interested in running for a position, please e-mail me at tiffany@ thepereiralawfirm.com. We are still holding out for a few more virtual events and a holiday party, so fingers crossed. I miss seeing you all in person and hope I get the opportunity before the end of the year for a final fiesta and gifts for all!

Tiffany L. Pereira, Esq. is a solo practitioner who concentrates her practice on transactional business and agricultural law. In addition to serving as the YLD President, Tiffany is a member of the LCBA Executive Council and is the statewide representative for the Lee County Association for Women Lawyers.

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guest attorney

DACA has a lengthier history than you know by pablo s. hurtado, esq.

A

s an immigration lawyer, my work involves the Deferred Action for Childhood Arrivals (DACA) policy.

I notice one thing consistently ignored from the discussion around DACA, and only passingly mentioned in a recent United States Supreme Court majority opinion1, is deferred action was not invented whole cloth from an Executive Order by President Barack Obama in 2012.

The SCOTUS decision fails to recognize the history of acts of prosecutorial discretion and U.S. Citizenship and Immigration Services (USCIS) grants of deferred action in many different situations before and since 2012.

On June 15, 2012, the Secretary of Homeland Security, Janet Napolitano, issued a memorandum on Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children. The purpose of the memorandum was to “ensure that… enforcement resources are not expended on these low priority cases but are

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instead appropriately focused on people who meet our enforcement priorities.”2 Napolitano’s memo then outlines the criteria to identify potential low priority cases eligible to be considered for prosecutorial discretion and deferred action. This memo is commonly referred to as creating the DACA program, which gave recipients a promise by the U.S. government to defer removal action on otherwise removeable aliens for a period of two years. During this deferred action period, they would be eligible to receive work authorization and potentially be eligible for other federal benefits.

Napolitano’s memo did not create the deferred action benefit as an act of prosecutorial discretion. Deferred action, and its ensuing benefits, have been a useful tool for both enforcement officials and immigration practitioners for decades before DACA. An April 6, 2007 memo from the CIS Ombudsman to the Director of USCIS and the Deputy Secretary of the Department of Homeland Security (DHS) Leebar.org

recommended that USCIS: • post general information on deferred action on its web site and; •

•

maintain statistics on the issuance and denial of deferred action requests; and designate a headquarter official to review grants and denials of deferred action requests on a quarterly basis to ensure that like cases are decided in a like manner.

The 2007 memo provides some background on deferred action. “Deferred action is a discretionary form of relief provided for by the District Director’s recommendation to the Regional Director.”

There is no statutory basis for deferred action. The regulations reference this form of relief and provide a brief description: “[D]eferred action, [is] an act of administrative convenience to the government which gives some cases lower priority….”

Where USCIS grants a request for

deferred action, the foreign national is provided employment authorization… deferred action cannot be granted by [an] Immigration Judge. Johnson v. INS, 962 F.2d 574, 579 (7th Cir. 1992).

There is no judicial review of decisions concerning deferred action. Reno v.

American Arab Anti-Discrimination Comm., 119 S.Ct. 936 (1999).

Although operations instructions for deferred action were withdrawn June 24, 1997, the relief continues to be available.

Deferred action is “an act of administrative choice to give some cases lower priority and in no way an entitlement…” former O.I. §242.1(a)(22).3 The 2007 memo also provides information that USCIS estimates it grants deferred action mostly due to medical needs. The CIS Ombudsman also notes USCIS grants deferred action to certain classes of Aliens as well. This includes victims of Domestic Violence whose

U-Visa applications may be pending for years and were given deferred action in the interim.

Other classes noted were Hurricane Katrina impacted foreign students. “For these foreign students, USCIS made clear the general purpose, criteria, and limitations for deferred action relief, as well as where individuals were to file.”

Napolitano’s 2012 memo did not create deferred action; it only provides further guidance on how to use this tool.

If the current Administration rescinds the 2012 DACA memo, deferred action as a tool will continue to exist. Practitioners like me will continue to pursue this relief for DACA clients, and other qualified individuals, where justice requires.

Department of Homeland Security v Regents of the University of California, 591 US ___ (2020) at 3, “In addition, [the DACA Memorandum] directs…

USCIS to “accept applications to determine whether

1

these individuals qualify for work authorization during this period of Deferred action,” id., at 101a, as permitted under regulations long predating DACA’s creation, see 8 CFR §274a.12(c)(14) (2012) (permitting work authorization for Deferred action recipients who establish “economic necessity”); 46 Fed. Reg. 25080–25081(1981) (similar). Pursuant to other regulations, Deferred action recipients are considered “lawfully present” for purposes of, and therefore eligible to receive, Social Security and Medicare benefits. See 8 CFR §1.3(a)(4)(vi); 42 CFR§417.422(h) (2012). Emphasis added.

Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children, Secretary of Homeland Security, Janet Napolitano (June 15, 2012)

2

See also Standard Operating Procedures for Enforcement Officers: Arrest, Detention, Processing, and Removal (Standard Operating Procedures), Part X.; Meissner, Comm, Memo, HQOPP 50/4 (Nov. 17, 2000) [Regarding prosecutorial discretion].”

3

Pablo S. Hurtado, Esq. is the founder and owner of Hurtado Immigration Law Firm, a full-service immigration firm based in Fort Myers, Florida. He is an active member of the American Immigration Lawyers Association (AILA).

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October 2020

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19

Do citizens have the protected right to vote by mail?

by keith grossman, esq.

V

oting in America today looks much different than colonial times.

Prior to the American Revolution, colonial elections were festive and social affairs.

The colonists who could vote (typically wealthy landholding Protestant men), traveled to vote in person using voice votes.

Impromptu parades developed as the large amount of voters worked their way to the polling place. Candidates rented taverns and held parties with free food and alcohol.

In 1758, when future first President George Washington ran for the Virgina House of Burgesses, Washington provided voters with 47 gallons of beer, 35 gallons of wine, 2 gallons of cider, 3 1/2 pints of brandy, and 70 gallons of rum punch.

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Over time, paper ballots replaced voice votes, and, of course, election day is no longer the raucous affair it once was.

Voting became an important topic as the colonists experienced the increasing English taxes. They felt the taxes were improper since the colonists did not have direct representation in the British Parliament. This was the “no taxation without representation” movement, and it was one of the major causes of the American Revolution.

On July 4, 1776, the colonists declared their independence, which led to the creation of the individual states’ constitutions and ultimately, the United States Constitution.

The United States Constitution, and its Bill of Rights, don’t expressly state citizens have a right to vote. Most citizens would be surprised to learn this.

Leebar.org

In fact, in 2013, Representative Mark Pocan of Wisconsin proposed to amend the Constitution to guarantee the right to vote. On the House floor, Pocan said, “(The right to vote) is so fundamental that most Americans, understandably, assume it is already enshrined in the Constitution” – but “most Americans would be wrong.”

Alexander Keyssar, Professor of History and Social Policy at Harvard University and author of The Right to Vote: The Contested History of Democracy in the United States, told PolitiFact in 2013, “The basic fact is there is no affirmative right to vote in the U.S. Constitution. Never was.”

The Founding Fathers wrestled with this problem of voting. James Madison described the problem this way: “The right of suffrage is a fundamental Article in Republican Constitutions.

The regulation of it is, at the same time,

a task of peculiar delicacy. Allow the right (to vote) exclusively to property (owners), and the rights of persons may be oppressed… .Extend it equally to all, and the rights of property (owners)… may be overruled by a majority without property… .”

Constitutional scholars agree the “right to vote” is not expressly stated in the Constitution, but the intent is in the Constitution that citizens are to choose their representatives; that the “right to vote” is implicit.

The Constitution leaves much of the voting rights to the states. When the states wrote their constitutions after the Declaration of Independence, many of them reformed their voting procedures.

Most states have explicit constitutional clauses that grant citizens a right to vote.

Article 1 of the U.S. Constitution gives states the responsibility of overseeing federal elections. U.S. citizens do not have the individual right to vote for President.

Rather, in most states, citizens vote to select the electors who will then select the President.

This was affirmed by the U.S. Supreme Court in Bush v. Gore when the Court wrote, “[t]he individual citizen has no federal constitutional right to vote for electors for the President of the United States.”

The Supreme Court has said Congress may regulate only federal, not state, elections.

Voting privileges are subject to strict compliance with states’ regulations.

Over time, court decisions and Constitutional amendments have protected citizens’ right to vote, expanded the right to vote, and made it easier for citizens to vote. The Civil Rights Acts created some of the earliest federal protections against discrimination in voting. These protections were first outlined by the Civil Rights Act of 1870 and were later amended by additional Civil Rights Acts.

Due to the COVID-19 pandemic, there has been much recent attention placed on voting by mail. There is also confusion

about the difference between absentee ballots and “universal mail-in” voting.

All states have absentee ballots. The idea for absentee ballots started during the Civil War so soldiers could cast a ballot in their home states. One of the main reasons states offer absentee ballots is so members of the military can vote “in absentia”. All states, by federal law, are required to send absentee ballots to military and overseas voters for federal elections.

If we don't vote, we are ignoring history and giving away the future.

–pat mitchell–

Congress has recognized absentee balloting as part of the “right to vote” in amendments to the Voting Rights Act of 1965 and the Uniformed and Overseas Citizens Absentee Voting Act. In the Voting Rights Act, Congress found that “the lack of sufficient opportunities for absentee registration and absentee balloting in presidential elections … denies or abridges the inherent constitutional right of citizens to vote for their President and Vice President.”

In the 1986 Uniformed and Overseas Citizens Absentee Voting Act, Congress required states to provide absentee ballots to military voters and their families stationed away from their home states and to citizens living overseas when absentee ballots are requested.

A voter who wants to vote with an absentee ballot has to specifically request such a ballot. The responsibility is on the voter to apply for the ballot. All but 16 states allow for absentee ballots without a reason, which is known as a no-excuse mail-in or absentee voting.

Other states have to approve the absentee ballot for the voter to receive it. Most October 2020

of these states that require an excuse for voting by mail now accept fear of COVID-19 as a reason for absentee voting.

Only Texas, Indiana, Louisiana, Tennessee and Mississippi do not.

The current controversy about mail-in voting surrounds the idea of “Universal Mail-in Ballots”. In states offering “universal” mail-in ballots, all registered voters receive a ballot automatically. In those states, the voter does not have to specifically request a ballot.

Prior to the COVID-19 fears, five states planned to conduct elections entirely by mail (Colorado, Hawaii, Oregon, Utah and Washington), meaning voters automatically receive their ballot. It is believed voter turnout increases with a “universal” mail-in ballot system.

Four additional states, and the District of Columbia, are offering “universal” mailin ballots this election cycle due to the coronavirius.

President Donald Trump has said “universal” mail-in voting is susceptible to large-scale fraud, though experts say voter fraud of any kind is extremely rare in the United States.

So, do citizens have the protected right to vote by mail?

Of course, part of the answer is dependent upon whether we are speaking about state elections or federal elections. Part of the answer is also dependent upon whether we are speaking about absentee ballots or “universal” mail-in ballots.

Although most states offer “no-excuse” absentee ballots, the courts have not ruled there is a fundamental right to vote absentee. Congress has clearly recognized the need for absentee ballots in presidential elections, and all states offer absentee ballots, some with limitations. There is no law, or court decision, that requires a state to offer a “no-excuse” absentee ballot.

There are also no laws, or court decisions, that state “universal” mail-in ballots are a protected method for voting.

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21

legal lens flashback to 2017

1. Hon. Tara Paluck and Ryan O'Halloran at the 2017 Induction of Officers luncheon held at Sidney & Berne Davis Art Center 2. Hon. Amy Hawthorne and Hon. Andrew Swett at a members luncheon held on February 17 3. Shannon Puopolo and Suzanne Boy at the Past Presidents Luncheon held on March 24 4. JA Joanne Atkins, Kelly L. Fayer and Hon. John Carlin on May 5 at the Law Week luncheon honoring Law Enforcement Officers of the Year 5. Amanda Bartley and Shannon Puopolo at the LCBA Charity Golf Tournament held on May 21 6. Hon. Archie Hayward working on his short game 7. Public Defender Kathleen Smith and Chief Judge Michael McHugh at the LCAWL Annual Judicial Reception held on May 4 8. Linda Doggett and Florida Bar Past-President Michael Higer at the Diversity & Inclusion Luncheon on June 16 9. YLD Holidays in July benefitting the Children's Network of Southwest Florida 10. Indera DeMine and Blake Hampton at the YLD after Hours Social on August 17 at the Downtown Social House

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Leebar.org

Photos courtesy of Jim Jett Photography

In light of coronavirus cancelling face-toface events for the past several months, Res Gestae is looking back at past events during the year 2017 while we all look forward to coming together in the future.

Photo courtesy of Jim Jett Photography

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

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

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TheNorthLawFirm.com

October 2020

14241 Metro Parkway, Suite 200 Fort Myers

RES GESTAE

23

legal lens flashback to 2017 11. John Webb, Cedric Hall, Scott Atwood, Kristalyn Loson Atwood, Tom Uhler, Beverly Grady and Shannon Puopolo at the LCBA Foundation Guided Wine Tasting on August 26 12. Travis Russell and Tiffany Pereira at the Bench Bar Gala held on Friday, October 13 13. Shatree'tia Jones Cordell and Spencer Cordell attending the Bench Bar Gala 14. Miguel Fernandez, Lori Clifford, TJ McCan, Suzanne Boy, John Agnew, Michelle Krone and Bruce Green make honorable impressions in the November issue of RG 15. Magistrate Gilberto Perez, Hon. Carolyn Swift, Hon. James Adams, Hon. Devin George, Magistrate Kimberly Davis Bocelli at the LCBA Holiday Party 16. Kimberly Erwin, Christian Erwin (winner of the #KindLee grant for doing good works), Kelly Fayer and Amanda Bartley at the LCBA Holiday Party For more pics from 2017, check out the gallery at LeeBar.org

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Photos courtesy of Jim Jett Photography

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Leebar.org

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special feature

Pro Bono makes a difference for others by keith grossman, esq.

T

his month, the Lee County Bar Association acknowledges and recognizes “Pro Bono Superstars”.

The LCBA will recognize the recipients in a virtual ceremony on October 16, 2020.

In 1992, the Florida Supreme Court set an aspirational goal for all members of the Bar to provide at least 20 hours of Pro Bono legal services annually. As an alternative, an attorney can contribute $350.00 to a legal aid organization.

The purpose of the goal is to address the unmet legal needs of Florida’s poor and their lack of access to the legal system, which has an adverse effect on the legal system, as well as the poor.

Pro Bono services can be for the benefit of an individual client or charitable, religious, or educational organizations predominately addressing the needs of the poor.

Pro Bono cases also benefit the lawyers by providing opportunities to expand their legal knowledge and learn new skills.

The LCBA Pro Bono Committee is established to expand Pro Bono opportunities to Lee County residents by providing workshops, seminars, and resource material. The Committee also works to increase attorney participation in Pro Bono cases.

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The 2016-17 Florida Bar President, William J. Schifino, Jr., said in his swearing-in speech, “Together we must continue to serve the legal needs of our working class and our indigent, making certain Justice is available for all, not some, not many, but liberty and justice for all.”

In the fiscal year ending June 30, 2019, Florida lawyers reported 1,606,632 Pro Bono hours donated and $6,222,420.00 contributed.

Karla Campos-Andersen, one of the “Pro Bono Superstars”, always maintains a Pro Bono case . She says, “The reward is intrinsic. It is satisfying to know that I was able to help someone that might not have had the opportunity to defend themselves. The knowledge that I was able to positively influence someone’s life trajectory is deeply gratifying.”

Former Lee County Bar President, Kelly Fayer, was one of twenty attorneys honored with the Florida Bar President’s Pro Bono Service Award in 2019.

At the time, Fayer recounted her first Pro Bono case. It involved a guardianship in which a woman in her 80s was caring for a younger woman who had special needs and was non-communicative.

Fayer told the News-Press, “It made me fall in love with my profession and being a lawyer all over again. It was my first case, Leebar.org

and it set the tone for me to want to do it every year.”

Fayer told me, “Accepting Pro Bono cases is a great way to advance your practice because it will allow you to gain the experience necessary to be successful in a new field. Most people will not have enough confidence to retain an attorney who does not have sufficient experience, so Pro Bono work can be quite advantageous. However, I think we should perform Pro Bono work because it is one of the most rewarding things we can do as attorneys. We have the education and training to make a difference in the lives of others when they are most in need.”

Campos-Andersen says, “Being a lawyer is a real privilege. People trust us with their liberties, money, and unique issues.

Given this privilege it is important that we as attorneys continue to give back to our community as much as possible.”

If you would like to accept a Pro Bono case, you can contact Ethel Wells at Florida Rural Legal Services, Andrew Banyai or Nanci Dubois at Lee County Legal Aid, or Lauren Baugh at LCBA. The Florida Bar also connects attorneys with opportunities through the “Pro Bono Matters” portal. If you can’t commit to accepting an entire case, there are other opportunities to help, such as the Lee

County Legal Aid and Lee County Clerk of Court Self-Help Clinic, which is overseen

by Banyai.

Banyai describes the clinic: “A panel of local attorneys answer questions from the community on virtually every conceivable field of law. … Area attorneys are encouraged to volunteer as much or as

little of their time as they can spare on any given Tuesday.”

Banyai also explained the panel is moving forward via Zoom.

Banyai says, “It is difficult to conceive of a more intensely educational experience for a new lawyer than participating in our weekly Self-Help panel. New attorneys

watch and contribute as more seasoned litigators offer advice on literally every conceivable topic in a practical setting.

Any lawyers who want to empower citizens to achieve practical results in the legal system cannot find a better environment to do it than our Self-Help Center.”

Pro Bono Superstar Leaders Pro Bono Superstar Advocacy Award

Pro Bono Superstar YLD Leader Award

Hon. Archie Hayward, Jr. with the Twentieth Circuit Pro Bono Committee

Tiffany Pereira, Esq.

Pro Bono Superstar Leader Award

Pro Bono Superstar Leader Award

Andrew Banyai, Esq. and Lee County Legal Aid Society

Ethel Wells and Florida Rural Legal Services

Pro Bono Superstar Liaison Leader Award

Pro Bono Superstar Committee Leader Award

Peter Knize, Esq.

Shanthy Bala, Esq.

Pro Bono Superstars Isabel Barroso, Esq.

Cary Goggin, Esq.

J. Jeffrey Rice, Esq.

Morgan & Morgan, P.A.

Goede, Adamczyk, DeBoest & Cross, PLLC

Albert Batista, Esq.

Donald Isaac, Esq.

Goldstein, Buckley, Cechman, Rice & Purtz, P.A.

Albert Batista, Esq.

Donald Isaac Attorney at Law

Kayla Richmond, Esq.

Norma Hand Brill, Esq.

Luke Johnson, Esq.

Henderson, Franklin, Starnes & Holt, PA.

Law Office of Norma Hand Brill, P.A.

Karla Campos- Andersen, Esq. Law Office of Karla Y. Campos-Andersen

Bruce Connolly, Esq. Ave Maria School of Law

Jay Cooper, Esq. Law Office of Jay Calvert Cooper

Theresa Daniels, Esq. Daniels Law, PA

Indera DeMine, Esq. DeMine Immigration Law Firm, P.A.

Blair DeMinico, Esq. Lee County Legal Aid Society, Inc.

Che Diaz, Esq. Che Diaz Law

Ashley Faraone, Esq. Lee County Legal Aid Society, Inc.

Kelly Fayer, Esq. Kelly L. Fayer, P.A.

Eunice Gedeon Linot, Esq.

Sunshine State Law, PLLC

Andres Rodriguez, Esq.

Richard Johnston Jr., Esq.

Independence Law, PLLC.

Johnston Law, PLLC

Travis Russell, Esq.

Eve Koscuiszko, Esq.

Office of the Public Defender

Goldstein, Buckley, Cechman, Rice & Purtz, P.A.

Beth-Anne Thye Sexton, Esq. Rocuant & Sexton, LLC

Jeffrey Kuhns, Esq.

Alexis Sitka, Esq.

Kuhns Law Firm, PLLC

Alexis A. Sitka, P.A.

Marianne LePera, Esq.

Steven Spence, Esq.

Anthem, Inc.

Steven C. Spence, PA

Eviana Martin, Esq.

John Casey Stewart, Esq.

Martin Law Firm, P.L.

Lisa Musial, Esq. Musial Law Firm, LLC

Gregory Nussbickel, Esq. The Nussbickel Law Firm, P.A.

Antoinette Peck, Esq. Henderson, Franklin, Starnes & Holt, PA.

Richard Ricciardi Jr., Esq. Powell, Jackman, Stevens & Ricciardi, PA

Lee County Legal Aid Society, Inc.

The Dorcey Law Firm, PLC

Douglas Szabo, Esq. Henderson, Franklin, Starnes & Holt, PA.

ChenÉ Thompson, Esq. Pavese Law Firm

Christine Wright, Esq. Wright Law Firm, P.A.

Mark Yeslow, Esq. Yeslow & Koeppel, P.A.

Robert Young, Esq. Robert D. Young, P.A.

October 2020

RES GESTAE

27

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

Maria Bastos, Esq. Office of the Statewide Prosecution

Spencer Cordell, Esq.

Joshua J. Fredrickson, Esq.

Jennifer Gutmore, Esq.

Office of the Public Defender

Peter Knize, Esq.

David J. Ledermann, Esq.

John Miller, Esq.

Henderson, Franklin, Starnes & Holt, P.A.

Travis Russell, Esq. Kathleen Smith, Esq. Ballots will be mailed by Thursday, October 15, 2020 Voting closes Monday, November 16, 2020 at 5:00 p.m.

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October 2020

RES GESTAE

29

the dish

Life is fresh at the Vegan Drive Thru

by lauren baugh

W

hen I think of veganism, “salad” is the first word that comes to mind…and while I love salad, I also love meat, fish, and the like. When I chose to do this edition of “The Dish” at a vegan restaurant, I went into it thinking I would have a good salad and a kale smoothie…but I found so much more!

I was excited. I then realized I misread it.

The menu did not say “Tuna Melt”; it said “Tuno Melt”. Reading the description, I noticed they used chickpeas in place of tuna fish. I was intrigued. How would

The sandwich also came with vegan Fruit bowl provolone and toasted on Texas toast-style multi-grain bread.

The provolone was very tasty. Again, I expected it to have no flavor as it was vegan. Myth busted – it was super flavorful and melted to smoothness.

Admittedly, when I saw they use chickpeas in place of traditional (meat) proteins, I was scared. I started off with an order of chips and guac, and the guac was super fresh. This got me excited. I love avocados, so I thought this was a safe choice to start off with, and I was not disappointed.

I love chickpeas, but I also love tuna.

I saw a tuna melt on their menu and

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they make chickpeas taste like fish? Well, they did…with fresh garlic, onions, and various spices.

I took my mother along with me. She is a vegetarian, so I knew she could point me in the right direction. She ordered the

Buffalo chickpea sandwich

Leebar.org

“Buffalo Chickpea Sandwich”.

This was interesting. They use chickpeas in place of buffalo chicken. This seemed a bit too far, but when she got it, it was indeed a buffalo (shredded style) chicken-like sandwich. It also had lettuce, “secret spread”, sprouts and tomato all served on the same bread as my “Tuno Melt”.

BLTA sandwich - homemade coconut bacon, green leaf lettuce, tomato, avocado, mayo on multigrain toast

tastes are, they have many options for the vegan and non-vegan. Check it out and see if you leave missing meat or dairy. My mom and I certainly did not!

Cali burger with coconut bacon and pesto pasta

We also decided to try the “Pesto Pasta” salad and “Acai Bowl”. Both were fabulous!

The pasta salad was amazing.

It was so flavorful and fresh. The pesto is made in-house and is packed with fragrance. I would go back just for a bowl of the pesto!

I know everyone loves to take pictures and talk about these acai bowl things, but I never had one. When it came to the table, it was beautiful. It was a huge portion – fruit placed beautifully on top of a very deep purple ice cream-looking substance with granola on the bottom.

It was a work of art, and very tasty!

After my visit to Life, I decided vegan food, albeit sans meat and dairy, can be delicious and very filling. They have figured out how to capture flavors without all the unhealthy ingredients a non-vegan meal has. No matter what your

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Lauren Baugh is the director of the Lee County Bar Association. She can be reached at lauren@leebar.org.

Blueberry hemp heart muffin and banana walnut chocolate chip muffin October 2020

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31

judicial assistant spotlight

Terri Crogan, JA to Hon. Nicholas Thompson

1. I began working in the legal field in early 2003. I’ve been blessed to assist Judge Thompson as his JA since June, 2017 and honestly hope to retire (many years down the road) from my current position.

2. When I was 15 years old, my father pushed me out of the nest to begin flying lessons and ultimately, I earned my private pilot’s license before I learned to drive a car.

3. I have a passion for encouraging anyone experiencing a difficult situation in their life. It’s my belief that everyone has a choice to wake up with a purpose and make the best of each day.

4. I was born and raised in NE Ohio (yes, I AM a Browns fan!) and relocated to SW Florida in 2017 with my amazing husband, Tom. Together, we have a beautiful growing family consisting of four adult children, their spouses, two adorable grandsons and a brand-new granddaughter due to arrive around Thanksgiving.

5. In the next chapter of my life, my dream is to open a hot dog stand in a park near the water. Healthy? No. Fun? Yes!

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October 2020

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33

member spotlight

Michael Camadeco, Esq.

1. I was captain of my lacrosse team in college, MSU of Denver.

2. I train Dutch Shepherds and currently have two puppies, one of which comes to work with me every day.

3. I visited all 48 contiguous states.

4. I visited Cuba in March 2018 in preparation for Former President Obama’s historic diplomatic trip.

5. I loved Fort Myers so much, that it only took me one visit to decide to move. I gave up the Big Apple for the City of Palms.

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Leonard P. Reina, Esq. mediator

239.263.2059 ■ LReina@LPReina.com RES GESTAE

35

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

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

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

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

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

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in the news Brett Gold has joined ZinnLaw as a new associate. In this position, Gold will be involved in civil and commercial litigation, business disputes such as breach of contract claims, business divorces, partnership disputes, real estate litigation, and construction litigation. Prior to joining the firm, Gold worked as an assistant state attorney practicing criminal litigation for the 20th Judicial Circuit in Punta Gorda, FL.

State Attorney Amira Fox has been appointed to the Statewide Council on Human Trafficking and to the Florida Supreme Court Criminal Court Steering Committee. The Statewide Council on Human Trafficking has 15 members whose focus is to combat human trafficking and to enhance care options for human trafficking victims. The Criminal Court Steering Committee was established to develop expedited recommendations to the Supreme Court, as the order reads, “regarding changes required by legislative enactments, judicial decisions, or other events or circumstances involving criminal law matters.”

Steve Hartsell and Neale Montgomery of Pavese Law Firm have been named 2020 Top Lawyers by Naples Illustrated magazine. Hartsell, Montgomery, Christopher J. Shields, and Katherine R. English were also selected by their peers for inclusion in the 27th edition of The Best Lawyers in America.

Hartsell is Florida Bar Board Certified in Condominium and Planned Development Law. Montgomery concentrates her practice in land use, zoning and local government; environmental and water; and real estate law as well as local government administrative law matters. Shields is Florida Bar Certified in both Real Estate Law and Condominium & Planned Development Law. English’s practice focuses on agricultural, environmental and water law at the local, state and federal levels.

Henderson, Franklin, Starnes & Holt, P.A., has launched its Intellectual Property (“IP”) Group with Mark Nieds serving as IP Group Chair. Other attorneys that are part of the IP Group are Luca Hickman, Douglas Szabo, Carlos Kelly, Erin Houck-Toll, Sara Qureshi, and Michael Corso. The IP Group advises clients on matters relating to the identification, protection, enforcement, and monetization of IP assets including trademarks, copyrights, patents and trade secrets.

Pavese Law Firm sadly notes the passing of former partner, James F. Garner, III, on August 17, 2020. Jim joined the Pavese Law Firm in 1968. He taught real estate classes to many of the local Lee County real estate professionals and was instrumental in gaining approval of many real estate developments in Lee County.

Active in agricultural, land use and water law, Jim was appointed to the South Florida Water Management District Board and served a term as chairman. A native Floridian, Jim once lived in the home which became the Veranda Restaurant. Surviving Jim are his wife, Saundra, daughter Kelly, and sons William and James.

For 18 years, Gulfshore Business has honored 40 business professionals younger than 40 who are among the area’s most distinguished leaders. This year, the following Lee County Bar Association attorneys have been named to the 40 Under 40 list: Preston J. “P.J.” Scheiner, Christopher J. Smith, and Luca Hickman.

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

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