Res Gestae - October 2022

president's letter

Happy Fall, Y’all! October is Pro Bono month, and we are proud of the work our Lee County attorneys are providing and giving back to the public. The demand for legal aid continues to grow rapidly; however, the number of volunteers willing to give their time has not increased at the same rate. I urge you, if possible, to not just donate money to fulfill your pro bono reporting obligation but also give of your time.

Per the Florida Bar, during the 2020-2021 bar year, Florida lawyers provided more than 1.5 million hours of pro bono service. This number was up from the previous (COVID) year, but still not as high as the years before. The financial donations, however, were the highest in recent years. Our time is so valuable to us. We have families, work obligations and more, but I do have a solution if you think you can only volunteer for an hour or so here and there…

If you can’t commit to taking on a case from beginning to end, please consider volunteering for the Lee County Legal Aid Self-Help Clinic on Tuesdays. The clinic is run via Zoom and you are able to join or disconnect as needed if you have other obligations during the 1:00 p.m. – 5:00 p.m. window. The clinic is held in conjunction with the Clerk of Courts, and you can sign up to volunteer by e-mailing Nanci DuBois at Nanci@ leecountylegalaid.org. They would love to have you!

Thank you and congratulations to everyone who is receiving an award at our Pro Bono Awards Luncheon on the 21st. I look forward to celebrating you!

Our first staycation-style Bench Bar Gala at The Westin in Cape Coral is coming up quickly in November. The event is scheduled over a long weekend, and I, for one, am looking forward to taking advantage of the spectacular room rate they have given us! Bring your kids and a babysitter, and come enjoy all the amenities The Westin has to offer. I hear there are some big surprises for the Gala itself, and even bigger afterparties to be held! This weekend is sure to be one for the books, and hopefully sets a new precedent for galas to come!

Last but not least, you will soon be receiving your ballots for LCBA Member-at-Large Nominations for the 2023-2024 slate. I can’t say enough about all the candidates this year, so please be sure to vote for who you think is the best fit for the job. I am confident each one of them will do a great job representing our organization. Good luck to all!

Tiffany Pereira, Esq. 239.332.1181 | thepereiralawfirm.com

LEE COUNTY BAR ASSOCIATION

administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo executive council

PRESIDENT Tiffany Pereira, Esq.

VICE PRESIDENT Spencer Cordell, Esq.

SECRETARY Peter Knize, Esq.

TREASURER Hon. Kathleen Smith

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

BOARD MEMBERS

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

BENCH-BAR GALA Diana "Dawn" Maselli, Esq.

DIVERSITY AND INCLUSION Kelly L. Fayer, Esq. and Ita Neymotin, Esq.

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

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

LAW RELATED EDUCATION T. Rankin Terry, Esq.

LAW WEEK Hon. John S. Carlin

LCBA FOUNDATION

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

MOCK TRIAL Shaina Zuppke, Esq. and Eunice Gedeon, Esq.

PARALEGAL Rich Haberle

PRO BONO

Andrew Banyai, Esq. and Michelle Trunkett, Esq.

practice section chairs

ALTERNATIVE DISPUTE RESOLUTION Anne Dalton, Esq.

APPELLATE LAW Alex Brockmeyer, Esq. CORPORATE LAW Alicia Olivo, Esq.

CRIMINAL LAW Kathleen Fitzgeorge, Esq. and Agnieszka Osowicka, Esq.

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

FAMILY LAW Kayla Richmond Miller, Esq. and Danielle Seitz, Esq.

GENERAL CIVIL AND BUSINESS LITIGATION Carlos Kelly, Esq. and George Knott, Esq.

IMMIGRATION LAW

Indera DeMine, Esq. and Nirupa Netram, Esq.

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

LAND USE AND GOVERNMENTAL LAW Sarah Spector, Esq. and Erica Woods, Esq.

REAL PROPERTY, PROBATE AND TRUST LAW Kenneth Kemp, Esq., Peter Knize, J.D., L.L.M., and Robin D. Merriman II, Esq.

SOLO & SMALL FIRM

Jarred Duke, Esq., John Webb, Esq. and Robin Merriman, Esq.

TORT LITIGATION

Dawn Maselli, Esq. and Diana Castrillon, Esq.

director's

Happy October. I hope it is SPOOKTACULAR! I know I say this often, but time has seemed to fly by so fast this year. Before we know it, the year will be over! If you have the secret to slowing time down, please call me immediately!

September was a fun month! Each year our Downtown Dash gets more fun, and this year was no exception, just slightly different, we had to cancel the race portion of the Dash this year due to extreme lighting, so we quickly pivoted and made it a party at the Sidney and Berne Davis Art Center, where many of our volunteers, sponsors and racers hung out and networked, while it was not what we expected, it was still a great time! Thank you to Lisa Sbuttoni and Jim Griffith for helping to make the pivot work.

As you know, each October we ask our members to nominate their peers for their pro bono efforts, and we are so proud to have just about 30 members of our Association that have been nominated and will be honored at our Annual Pro Bono Awards Luncheon on October 21. Pro Bono work means a great deal to those in our community who otherwise would not have legal representation. If you are interested in getting involved in this type of work, please reach out and I will connect you.

As we inch closer to November, remember to get your tickets to our LCBA Bench Bar Gala! This year’s theme is “Golden” Gala, and it will be sure to amaze (no pressure on me, right?!). We are hosting this event at The Westin and are offering VIP rates and a room block, so you can take advantage of the long weekend and make this year’s event into a staycation. Want to come and get some networking and marketing out of it, while supporting the LCBA?! Consider sponsoring. We have all levels, no matter what your budget is!

And before you know it, it will be December and then BAM, Holiday Party season. This year, we are hosting our event at The Burroughs Home and Gardens on December 8, at 5:30. Registration is open for all the events listed herein, and MORE! Be sure to check our website, Facebook and my newsletter each Friday! As I put together our 2023 calendar, I would love your input on whom you want to see come speak to us at our luncheons or our Section/Committee events. Perhaps you have a CLE idea? I am here to help YOU, the LCBA member, sponsor and partner.

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

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

239.334.0047

ResGestae@LeeBar.org staff

PUBLISHER

Connie Ramos-Williams | 239.690.9840 Ext. 1001

EDITORS-IN-LAW

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

MANAGING EDITOR Keith Grossman, Esq.

CREATIVE DIRECTOR April Bordeaux | CONRIC pr + marketing

ADVERTISING ACCOUNT EXECUTIVE Ryan Gonzalez | advertising@conricpr.com

FEATURE WRITER Keith Grossman, Esq.

CONTRIBUTING WRITERS

Tiffany Pereira, Esq. Lauren Baugh

Henry Lee Paul, Esq. Kayla Richmond, Esq. Danielle Seitz, Esq. Andrea Pleimling Smith, Esq. Anne Dalton, Esq.

Judge Kyle Dudek

Paul Thomas, Esq.

CONTRIBUTING PHOTOGRAPHER

Jim Jett Photography

BILLING INQUIRIES 239.334.0047

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

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

Copyright©2022 Lee County Bar Association Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission from the Lee County Bar Association. To inquire about such permission, please contact the Lee County Bar Association at Info@LeeBar.org.

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

Criminal

Admitted to practice in Southern District, Middle District and United States Supreme Court Litigated cases throughout the United States

Some of our achievements: Former 20th Judicial Circuit Elected State Attorney

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

Original Master and Founding Member of the Calusa Inn of Court ◆ Voted 2017 Lawyer of Distinction-Top 10% in the United States

Former City Attorney of Fort Myers

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

Founding Member of National DUI College

AVVO “10” Rating by Reviews

Thompson Reuters Super Lawyer

Death Qualified for Death Penalty “AV” Preeminent Rated by Peers in Legal Ability and Ethical Standards

Former Head of the Hendry/Glades County State

Attorney’s Office

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

Collier County Lion of the Law Judicial Award for Professionalism

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

2020 Top 40 Under 40 National Trial Lawyers

Current Member of the Florida Bar Unlicensed Practice of Law Committee 20th Judicial Circuit

Current Board Member of the City of Fort Myers Police Citizen Review Board

All Partners were Former SWFL Prosecutors

Former Deputy Public Defender, Head of the Homicide Unit and Child Victim Crimes Unit

Lawyers in

Voted one of Gulfshore

on Dateline, NBC, Fox, CNN,

and USA Today.

calendar of events

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

Foundation Annual Yom

LCBA

5:30 p.m.

Annual

Tasting Event

Tickets: $100/person

Location: Finemark National Bank & Trust Register: facebook.com/LeeBarFoundation

14

LCBA RPPTL Virtual Brown Bag

Noon - 1 p.m.

Speaker: Trisch Garthoeffner

Topic: “Business Valuations”

Location: Microsoft Teams

Sponsor: Green, Schoenfeld & Kyle, LLP Register: LeeBar.org

21 LCBA Annual Pro Bono Awards Luncheon

Noon – 1 p.m.

Location: The Edison Restaurant

Sponsor: Casey Gartland with Pendas Law Register: LeeBar.org

Members are free, non-members $25

LeeBar.org

and RSVP for upcoming events.

submission to ResGestae@LeeBar.org.

More due process issues in lawyer regulation

by henry lee paul, esq

Important due process concerns involving the rights of lawyers in disciplinary proceedings have recently been at issue before the Florida Supreme Court. These issues involve the extent to which a respondent lawyer must be informed of the allegations of misconduct and the extent to which the accused lawyer is afforded an opportunity to respond to the allegations. The Court did not address these recently briefed due process issues.

The most recent due process issue was initiated by a letter from the Clerk of the Florida Supreme Court to The Florida Bar dated June 11, 2021. The Court expressed concern that a lawyer charged with a felony would remain eligible to practice until the conclusion of the criminal proceedings and stated that “without an appropriate rule modification, an attorney may remain eligible to practice law during the pendency of a felony case while the attorney may also be unwilling or unable to respond fully in disciplinary proceedings.”

Accordingly, the Court requested, “The Florida Bar consider amending rule 3-5.2 to provide for a temporary suspension in those cases in which an attorney has been charged with a felony by an

indictment or information in state or federal court.” Such an amendment would cause the immediate suspension of any lawyer charged with a felony, regardless of how serious the felony. A lawyer charged with a felony would have no ability to contest the suspension during the pendency of the criminal proceedings.

In the amendment evaluation process, a substantial amount of opposition emerged to the requested amendment by certain members of the Board of Governors and the Executive Council of the Criminal Law Section of The Florida Bar. The Executive Council articulated numerous due process and constitutional concerns and in a letter to the Board of Governors stated it had “voted unanimously to oppose the proposed amendments denying a lawyer against whom a felony charge is ‘instituted’ even a modicum of due process.”

The Executive Council further expressed concerns that the amendment requested by the Court would allow criminal prosecutors to usurp the function of lawyer regulation, which is delegated exclusively to the Florida Supreme Court. Additional concerns of harm to the clients of charged lawyers were also raised.

Ultimately, the Board of Governors incorporated the proposal of the Executive Council and recommended the rule be amended to allow for the filing of a petition for emergency suspension, upon the filing of felony charges. This would allow The Florida Bar the discretion to file an emergency suspension based on the seriousness of the felony. It would also provide a charged lawyer the opportunity of a hearing before a referee to contest the allegations. This suggested amendment was filed in The Florida Bar’s Petition to Amend Rule Regulating The Florida Bar 3-5.2 (SC22-143).

On June 2, 2022, the Court declined to adopt the proposed amendment without comment. Just as in the The Florida Bar v. Regan, SC20-1693, reported in my August 2022 article, the Court made no comment on the due process issues before it.

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.

Henry Lee Paul, Esq. is a former Bar

Family Law section presents major topics influencing the family law practice

by kayla richmond, esq. and danielle seitz, esq

The Lee County Bar Association’s Family Law Section is happy to be back in action this year providing in-person CLE and networking opportunities to members and the Family Law community alike. We have worked to provide relevant and diversified content to practitioners through a CLE speaker series.

In February, Judges Amy Hawthorne and Lee Ann Schreiber moderated a CLE on the ins and outs of child hearsay and child testimony in Family Law cases.

April’s program brought Attorney Matt Lundy to town, who presented on the pitfalls of Qualified Domestic Relations Orders and practical tips for dividing retirement assets in divorce cases.

In July, a panel of mental health professionals provided insight on parenting issues, parenting evaluations, reunification of parents and issues surrounding child and parent individual therapy. Ann Sell, Julie Corbin Gray, Alexandra Kleinfeldt and Joseph Prather discussed valuable resources and relayed pertinent information to be incorporated in the creation of Parenting Plans for separating families.

We were excited to host Trisch Garthoeffner of Anchor Business Valuations & Financial Services on September 20 at the Collaboratory in downtown Fort Myers. Garthoeffner

presented on all things related to business valuations in Family Law cases, including necessary discovery and techniques and procedures.

In addition to in-person events, the Section brings value to our members through articles and raising awareness of major topics influencing the Family Law practice. A major topic amongst practitioners this year was Senate Bill 1796, which proposed major reforms to Family Law legislation. The biggest changes proposed would have eliminated permanent alimony and created an equal-timesharing presumption for both parents sharing time with their children post-separation. Different proposals have made it to the desk of Florida’s Governors over the years, but each year – and 2022 was no different – the bills have been vetoed.

While many seem to support the change to eliminate payment of permanent alimony, the more controversial aspect of the proposed legislation is presuming each family (or parent) should enjoy a 50/50 timesharing schedule after a separation. Although Senate Bill 1796 did not become law, be on the lookout for additional proposals for legislation overhauls in the Family Law arena in the coming years.

Also of significant importance is a recent change to Family Law Rules of

Procedure, Rule 12.530(a). If you plan to appeal a final judgment due to ‘lack of required findings,’ practitioners must note the change to the Rules of Civil Procedure 1.530(a) and the Family Law Rules of Procedure 12.530(a).  The revised Rules now require any challenges to the trial court’s findings to first be raised in a motion for rehearing before seeking appellate relief. Stated another way, failure to raise the issue of ‘lack of findings’ in a Motion for Rehearing, waives that argument on appeal. This change became effective August 25, 2022.

Look for information coming to you about a year-end networking event and celebration of the success in connecting and collaborating with other colleagues, professionals and businesses this year.

Kayla Richmond, Esq., is a stockholder in Henderson Franklin's Divorce, Marital and Family Law practice area. Danielle Levy Seitz, Esq. is a partner with Aloia, Roland, Lubell & Morgan, PLLC. Seitz’s primary focus is in the areas of divorce, marital, family and adoption law.

What's it worth?

know

Once

what

that

2022 florida super lawyers and rising stars

Congratulations to thisyear's honorees

We apologize to any LCBA Members who were inadvertently omitted from the Super Lawyers and Rising Stars lists in our August issue. We are proud to announce the following Lee County Bar Association member has been selected to the 2022 Florida Rising Star list. Please join us in congratulating her!

business litigation

Shannon Puopolo

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

Florida Guardian ad Litem Program: An overview and account of my experience as a volunteer

by andrea pleimling smith, esq.

The Florida Guardian Ad Litem program serves Florida’s most vulnerable children who have been subjected to abuse, abandonment and/or neglect. In 2021, the program served more than 37,000 children and had more than 13,000 volunteers. The program depends upon volunteers willing to devote their time to protecting children’s interests in dependency cases.

My path to volunteering as a Guardian ad Litem started in 2018 when I became a mentor to a foster child through the FAWL in Love with GAL program. Through supporting my mentee and attending several hearings for her dependency case, I became interested in volunteering my time as a Guardian ad Litem. I went through the training process and was certified as a GAL in 2020. I was promptly assigned a case as the need for Guardians ad Litem exceeds the availability of volunteers. While you do not need to be an attorney to serve as a volunteer Guardian ad Litem, I have found that this background is helpful in navigating the complex foster care system. Many children involved in dependency cases crave stability and normalcy. They face numerous placements, stressful living situations and high caseloads and turnover rates of caseworkers. As a Guardian ad Litem, part of your role is to maintain stability and serve as a friendly face for your child and make

sure they have what they need. When foster children change placements, it can be very chaotic, and they often do not have the opportunity to collect all their possessions and take them to their new placement. This means they may not have clothing, school materials and medications when they get to their new placement. The Guardian ad Litem can help a child with these seemingly simple things that can make all the difference.

The child involved in my case arrived at his first placement, a group home, with very little clothing, most of which was too small. This was a problem that had an easy fix and made a huge difference in this child’s well-being. I contacted the Guardian ad Litem Foundation, and they promptly provided a gift card so I could purchase clothing for him.

Another area where a Guardian ad Litem can make a big difference is checking a child has medical care and medication they have been prescribed. There is often confusion when a child changes placements about medications, dosages, etc. The Guardian ad Litem can help by knowing what medications the child takes and ensuring all new placements are educated about the dosages and timing of medications. These are just several examples of relatively simple things a Guardian ad Litem can do and have a positive impact

in a child’s life.

The Guardian ad Litem also serves as the voice for the child in court hearings and staffings, so the child’s wishes are communicated and heard. Too often foster children are left feeling like they have no voice and no control over what is happening to them. The Guardian ad Litem can help inform the court and others involved how the child feels and what their needs are.

Being a Guardian ad Litem does require a time commitment; however, it is incredibly rewarding and necessary work. Serving as a Guardian ad Litem involves regular visits with your child so you understand their wishes and circumstances and can address any needs they may have. Being a Guardian ad Litem also involves attending court hearings and interacting with family members and caregivers to assess the best interests of the child. I encourage anyone looking for a way to give back to consider serving as a Guardian ad Litem and welcome anyone who would like to discuss the program in more detail to reach out.

Andrea Pleimling Smith, Esq. is a partner at Goldstein, Buckley, Cechman, Rice & Purtz, P.A.. She focuses her practice exclusively on representing Plaintiffs in personal injury and wrongful death cases.

The search is on for PRO BONO SUPERSTARS opportunities are available in many ways

by keith grossman, esq.

The Lee County Bar Association is once again acknowledging and recognizing “Pro Bono Superstars”. The LCBA will recognize the recipients in a ceremony on October 21, 2022. Every local attorney who has done pro bono work since January will receive a free lunch and a special appreciation gift.

Britt Berg coordinates pro bono services for Florida Rural Legal Services (FRLS). According to Berg, FRLS has 14 attorneys who have volunteered this year, and they have placed 27 cases. Berg and Michelle Trunkett, Managing Attorney for the Fort Myers office of FRLS, both explain they need attorneys to volunteer for pro bono cases in many areas of law, including family, guardian advocacy, consumer law, bankruptcy, immigration, and real property. They also are looking for volunteers to help with the low-income tax clinic.

Trunkett adds that FRLS has seen many clients come through their doors having contract disputes with contractors, such as air conditioning service companies. She says many senior citizens are entering into these contracts and the service providers are not completing the work or even showing up. Trunkett says, “That’s a big demand we’ve had recently. We are looking for attorneys with experience in those types of cases.”

Andrew Banyai, Executive Director of Lee County Legal Aid, says, “We have a tremendous influx of Landlord-Tenant problems.” Banyai explains that as rental prices have increased, “unscrupulous landlords are breaking the leases to get the higher rents.”

Legal Aid is looking for attorneys who can help represent these tenants. Banyai says these cases require a small amount of time.

“It could take just 1-2 hours of their time and can have a huge impact on somebody.”

Banyai also highlighted debt collection matters as another area where Legal Aid could use volunteer attorneys.

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.

From July 1, 2020, to June 30, 2021, Florida lawyers provided more than 1.5 million hours of pro bono services and donated $6.7 million to legal aid organizations.

If you are looking for more independence in your pro bono service, or you can’t commit to accepting an entire case, there are individual Pro Bono service volunteer opportunities. Berg explains that FRLS offers remote family law cases. In this program, attorneys work with pro se parties who are seeking guidance as they continue to represent themselves. FRLS schedules the phone calls between the attorney and the client, and the calls typically last 30-40 minutes.

In addition to Fort Myers, FRLS services Punta Gorda, Immokalee, Belle Glade, Fort Pierce, Lakeland, and West Palm. In some of those regional

britt berg

andrew banyai

areas, they provide a similar remote service for other areas of law besides family law. They are open to expanding the remote services program into other areas of law in Lee County, as well. Berg says, “We are definitely open to other opportunities.”

There is another local opportunity for attorneys to provide pro bono services, which is the Lee County Legal Aid and Lee County Clerk of Court Self-Help Clinic, The self-help clinic is overseen by Banyai, and is a panel of local attorneys answering questions from the community on different areas of law. The panel meets weekly via Zoom.

According to Legal Aid, 19 attorneys gave advice in the Zoom calls between July 1, 2021 – June 30, 2022. The top three issues being Family Law, Small Claims and Landlord/Tenant Evictions.

Other pro bono opportunities exist through the Florida Bar, as well:

Florida Pro Bono Matters is an interactive website that enables attorneys to search for pro bono cases that suit their interests and submit an interest form to the legal aid or pro bono program that posted the case. (https://thefloridabarfoundation.org/florida-pro-bono-matters)

Florida Free Legal Answers is a pro bono project that allows you to conduct pro bono service online from your office, your home or wherever you choose. Enrollment is open to all eligible Florida Bar members. (https://florida.freelegalanswers.org/ Attorneys/Account/Agreement)

Florida Guardian Ad Litem program website offers volunteer opportunities. (http://www.guardianadlitem.org)

Young Lawyers Division Disaster Legal Services Hotline is a service provided in conjunction with the American Bar Association Young Lawyers Section and the Federal Emergency Management Agency (FEMA) to provide basic civil legal services for victims of a natural disaster who cannot otherwise afford legal representation. (https://flayld.org/get-involved/disasterrelief-fema-hotline)

If you would like to accept a Pro Bono case with Legal Aid, you can contact Banyai or Nanci Dubois. They have a web page for interested volunteers, as well: https://www.leecountylegalaid. org/referral-partner/

Berg explains that the FRLS website has a pro bono page. It contains their pro bono program mission statement, and it has places for attorneys to register to volunteer and see available pro bono cases. Berg says that interested attorneys can also contact him or Trunkett directly. “We’ll do the best placement

we can do,” he says.

Berg says, “For anyone who’s interested in doing pro bono work, we have a lot of options. We’re able to be creative.”

For many of these pro bono opportunities, attorneys who volunteer are provided malpractice insurance and costs reimbursements.

Other ways to find pro bono cases include contacting Lauren Baugh at LCBA or looking for opportunities through the Florida Bar’s “Pro Bono Matters” portal.

Banyai also adds that Legal Aid offers CLE opportunities to help educate attorneys on unfamiliar areas of law, so they feel comfortable accepting more cases.

In addition to the work of attorneys, there is also a role for judges and judicial staff in supporting pro bono efforts.

The Florida Supreme Court recognized that judges are engaged in numerous activities which advance “the principles of pro bono service” when it issued Amendments to Rules Regulating The Florida Bar1-3.1(a) and Rules of Judicial Administration - 2.065 (Legal Aid), 630 So. 2d 501 (Fla. 1993). The Supreme Court was addressing the dilemma concerning what type of pro bono activities would be appropriate for judges and judicial staff to participate in.

Within Amendments to Rules Regulating The Florida Bar1-3.1(a) and Rules of Judicial Administration - 2.065 (Legal Aid), 630 So. 2d 501 (Fla. 1993), the Supreme Court mandated the establishment of a circuit pro bono committee in each judicial circuit, along with developing a local pro bono legal services plan. In response, Twentieth Judicial Circuit Chief Judge Michael T. McHugh issued Administrative Order 2.37 on September 15, 2016.

Administrative Order 2.37 created the Twentieth Judicial Circuit Pro Bono Standing Committee with the duties of assessing pro bono legal services within the circuit and developing a circuit-wide pro bono plan. The Administrative Order designates certain local legal services agencies as members of the committee. The committee can then invite additional members to join the committee.

Trunkett is a member of the Twentieth Judicial Circuit Pro Bono Committee, and she encourages attorneys to consider joining the committee. She says, “We are always looking for involvement from the private bar.”

For anyone who’s interested in doing pro bono work, we have a lot of options. We’re able to be creative.

Britt Berg Pro Bono Coordinator Staff Attorney

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

ARE STUDENTS REJECTING THE LEGAL PROFESSION?

by keith grossman, esq.

The fall admissions cycle for law schools is now complete, and according to an August 1, 2022 report by the Law School Admission Council (LSAC), a nonprofit that administers the Law School Admission Test (LSAT), the number of law school applicants is down 11.6% compared to last year at this time. In 2021, there was a 13% rise in the number of applicants who sought to enter law school.

Last year’s number flooded many law schools with more applications than they could handle. Those applicants tended to have higher grades and LSAT scores than in previous years, which resulted in many law schools having unprecedented median LSAT score increases. It also resulted in many law schools accepting a more diverse class.

It is believed the 2021 increase in applications was due in part to the pandemic providing applicants with more time on their hands to study. It’s also believed applicants hedged their bets by applying to more schools in response to heightened competition.

In 2020, there was a late surge of applicants, so that the total number was slightly higher than the preceding year. Of course, that was in the aftermath of the pandemic. It is believed the slight surge was the joint result of graduating college seniors seeking a safe harbor until the economy recovered and the availability of taking the LSAT online.

After such a large number of applicants in 2021, why did that number decrease again? Many people speculate with Covid restrictions loosened and unemployment now relatively low, many potential law school applicants are pursuing other opportunities.

Certainly, law school applicants are considering the costs of tuition and student loans, as well as their ability to pay off the loans. Potential applicants are investigating each school’s bar passage rate, starting salaries and employment rates to determine if law school is a worthy investment.

Attending a prestigious law school increases the odds of achieving a large starting salary, but that’s only a small percentage. For most graduates, law school debt has outstripped salaries, especially for jobs outside of a large corporate law firm, which is most law positions.

An employment and salary report from the National Association for Law Placement (NALP) states that the 2020 law school graduating class had an overall employment rate of 88.4% –nearly two percentage points lower than the prior year’s class. The US News & World Report states the median starting salary for a lawyer in the public sector is $60,000.00. For the private sector, the salary increases to $80,000.00.

Many applicants are looking at law schools that are more affordable, so they are not saddled with insurmountable debt.

They are also choosing middle tiered law schools because they have no intention of becoming lawyers. They know they can use their legal thinking skills and knowledge for other jobs, while receiving higher pay. It’s a faster path to repaying their loans and advancing their careers.

They are also looking to the future and considering the profession’s emphasis on billable hours and the work-life balance challenges. They are searching introspectively to determine whether they would enjoy a job as an attorney.

Of course, because of the impact of Covid, the recent decrease in applicants may not be of concern. It is probably a natural readjustment.

However, there is more to the story than just the overall numbers. It’s where law school applications are down that may be a long-term concern for the profession.

Law schools are seeing 14.2% fewer applicants scoring 170180, which is at the top range. They are also seeing 13.8% fewer applicants scoring in the 160-169 range. There was a stronger showing for those that scored in the 120-159 range. The bottom score is 120. When the number of applicants is down, law schools can choose to maintain their admissions standards and accept a decline in enrollment, or they can lower standards to keep up enrollment. The statistics are suggesting law students are not as high scholastically as they used to be.

The statistics are also showing a large impact on diversity (at a time when bar associations are working hard to improve diversity).

• Asian applicants are down -4.7%;

• Hispanic/Latino applicants are down -5.6%;

• Puerto Rican applicants are down -7.8%;

• Black/African American applicants are down -10.0%;

• American Indian/Alaska Native applicants are down -10.7%;

• Not Indicated are down -11.3%;

• Native Hawaiian/Other Pacific Islander applicants are down -12.5%; and

• Caucasian/White applicants are down -13.9%.

Additionally, man applicants are down -12.3% and woman applicants are down -11.6%. Among the remaining gender categories, the largest increases are androgyne (+64.7%), additional gender category (+31.4%), and genderqueer or gender fluid (+16.9%).

Looking at the data overall, it’s possible we are seeing a trend of people moving away from the legal profession, even after they’ve attended law school.

Frank Aloia Jr. has brought his passion to the Edison-Ford Estates for over 20 years

by anne dalton, esq.

Frank Aloia, Jr.’s great-grandfather, the barber Michael Pavese, and his daughter, Frances, would walk from downtown to the Edison Home. Michael would cut Mr. Edison’s hair and shave his beard. Mina Edison entertained the little girl with cookies and lemonade while she waited for her dad to finish his job. Growing up with these and other Edison stories from his grandmother has tinged Frank’s heart and led him to over twenty years of pro bono service on the Board of Trustees for the Thomas Edison and Henry Ford Winter Estates. He is currently serving his third year as chairman of the board of directors. Whether poring over the master plan to shift the parking lot away from the Banyan Tree near McGregor and replace it with an authentic restoration of the original Edison Research Gardens or sharing ideas about the creation of a Community Cultural Center and Citrus Café on the grounds of the adjacent Ford Estate along the Caloosahatchee River, Frank’s enthusiasm for the estates is both electrifying and infectious. Along with the rest of the board, he anticipates taking

the true spirit of Mrs. Edison’s gift of the property to a new level. Where she had envisioned a botanical garden and library, the board under Frank’s leadership will not only be respecting her original vision by re-imagining Mr. Edison’s research gardens and restoring the Moonlight Garden, but also making the estates into a focal point for cultural programming. It will be a green space and cultural gem walkable from the residences downtown, complete with a brand-new restaurant and new spaces for lectures, art exhibits and educational programming. It will also allow for expansion and enhancement of events for community groups such as Captains for Clean Water and the Lee County Bar Association, and will allow for new programming as well.

Frank’s advice about volunteering: “We all know that volunteering in various organizations helps us to meet new people and perhaps opens doors both professionally and personally. But if that’s your motivation, that’s the wrong mindset. Because we are all busy. You don’t want the organization you are volunteering with to feel like a burden.

It needs to be something that you are passionate about, that brings a sense of self-satisfaction that you are helping to make a difference, that you are doing something positive and altruistic. If your motivation is to pad your resume or get to meet people and get some new clients, it will become some awful thing you see on your calendar when you have a meeting or a function. You don’t want that. You want it to be something you care about. If you are involved in something and it doesn’t bring you any satisfaction, honor your commitment and get out. Find something that is your passion.”

Frank’s goal with the estates was to have a voice and an opportunity make a difference, to make the estates a better place than he found it many years ago. It is a goal he is surely realizing!

Anne Dalton, Esquire, mediator and arbitrator, is an enthusiastic attendee to the annual Estate Plant Sales.

M e d i a t i o n

Board

A r b i t r a t i o n

V i r t u a l o r I n - P e r s o n

Law by The

Bar

Represented

Former

Former

Southwest

Resident Since 2005

Office in Collier County

legal lens

The LCBA held its "Mental Health" luncheon and CLE held on August 19 at The Edison Restaurant. Featured were Chief Judge Michael McHugh, Lisa Terwilliger (Collier County Bar Association), John Lesko, JD, CAP (FLA Outreach Coordinator), Dr. Steven Cohen, Psy. D. (The Center for Psychology). The luncheon was sponsored by Imagine Wellness Spa.

1. Lauren Baugh, Anthony Melchiorre

2. Chief Judge Michael McHugh

3. Magistrate Kimberly Davis Bocelli, Aniko Mitnyan, Paul Thomas, Lauren Baugh, Agnieszka Osowicka

4. Tiffany Pereira, Chief Judge Michael McHugh

5. Joseph Coleman, Rachael Loukonen, Ita Neymotin, Hon. Kathy Smith, John Miller, III

6. Che Diaz, Denise Molina Vel, Hon. Archie Hayward

7. Tiffany Pereira, Magistrate Kimberly Davis Bocelli

8. Honorable Kathy Smith, Chief Judge Michael McHugh, Hon. Ita Neymotin

9. Agnieszka Osowicka, Paul Thomas

10. Dr. Nicole Cantor, Dr. Steven Cohen, Lisa Terwilliger, John Lesko, Chief Judge Michael McHugh

11. Hon. Gilberto Perez, Hon. Carolyn Swift, Christina Mehta

12. Sheldon Finman, Christy O'Brien

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

Photos courtesy of Jim Jett Photography

Arts & Eats Café offers organic conversation, art and fresh food

by lauren baugh and anne dalton, esq.

Did you ever imagine having an artist prepare a sumptuous brunch for you? And then you get to eat it in a smart café, chock-full of incredible visual art? If that’s a “yes” (or even a “why not?”), no need to go to France. The Arts and Eats Café is for you!

The Arts and Eats Café is in Fort Myers, in the Edwards Building on the Alliance for the Arts campus. Drawings, paintings, sculptures, or any other artist medium – the Café walls sparkle with them.

Whether you are in the mood for a quick and freshly-made gourmet cappuccino, latte, sparkling flavored Italian Soda, or a full-fledged breakfast or lunch, you receive a hearty welcome at the door from the Café baristas and chef.

I am delighted to be accompanying past LCBA President Anne Dalton to brunch. This is a favorite Saturday spot for Anne and Lila, her standard poodle. Lila’s weekly scrambled egg is made to order by Chef Josette and enjoyed by Lila in the Café’s outdoor dining area. I bring my artistically inclined young daughter, Eden, who enjoys her breakfast and receives a personal tour of the Union Artist Studios and Gallery, which is on the second floor of the same building. The Café’s co-owners, renowned local artist David Acevedo and the well-travelled

Jamie Burdette, give the tour. David is a co-founder of Art Walk and owner of the DAAS CO-OP Art Gallery. His work can be found in collections worldwide. Jamie amuses us with stories of their travels in Spain, Italy, Budapest and many more places. They even give us some good travel tips!

Anne and I chat about life, the LCBA, her past career paths and travels, my life and all things in between. If you are a creative – or like relaxed creative spaces – you will LOVE this café. It draws a wide spectrum of patrons, from just plain folks like Anne and me, to families, singles and couples.

The Café provides all children art supplies, and Eden amuses herself by drawing figures with watercolor pencils. She even receives a few pointers (and accolades, if I may say so modestly) from Acevedo. He circulates among the diners to make sure both food and ambiance are perfect.

All the food is freshly made while you (briefly) wait, including a variety of “hand-helds” that can quickly morph into a salad upon request, to desserts and other baked goods. Eden opts to go

with a HUGE, freshly baked chocolate chip cookie and a bottle of water. I test their monthly special, an Italian Sandwich.

Anne shares with me she has tried most things on the menu and enjoys them all. On this day, she has a hard time choosing among the Grilled Cheese on Crusty Bread with Soup, or PB and Nana Toast or the Egg and Cheese Quesadilla with home-made salsa. She finally opts for a Hot Veggie Panini with Spicy Peanut Sauce.

The Italian Sandwich is perfectly proportioned and tastes great. All the ingredients practically leap out of the basket into my mouth. Fresh ingredients are a big part of a good Italian sub. Anne takes a bite of her crispy panini and lets out a “WOW!”

Right then, I know I will be

coming back to experience the rest of the menu. I ask Chef Josette to identify the Café’s most popular drink. The barista, Julio, makes it for me – an Iced Latte with Oat Milk and Lavender. Anne chooses a classic hot Cappuccino with Almond Milk. I am pleasantly surprised at my hipster coffee. I honestly thought it would taste like perfume, but it has just a slight hint of lavender, which is very pleasant. It goes perfectly with my latte. Candidly, I was not sure it was a smart combo, but it truly works.

Alliance for the Arts - Edwards Building 10051 McGregor Blvd Suite 101 Fort Myers, FL 33919

Tuesday - Friday 10AM–2PM

Photos top row: art that bestows the walls of the cafe. Second row: Italian sandwich, co-owners Jamie Burdette and David Acevedo. Bottom row: mask adorning the outside of the building.

The Café has a main room and two private rooms. One is in a rotunda with open ceiling – perfect for fall and winter private dining with a crowd. The second is furnished with a large dining room table and chairs. It is where they hold “Art Talks at the Edwards” each Sunday from 11:00 am to 1:30 pm. A brainchild of David and Jamie, the event is open (free of charge) for organic conversations, critiques, art demonstrations, networking, brainstorming and more.

Saturday & Sunday 9AM–2PM

Closed Monday

Available for take-out, catering or advance meal prep as well.

facebook.com/artsandeatscafe

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

Yale Freeman, Esq.

Yale T. Freeman, P.A.

Gayle Sarju, Esq.

Law Office of Gayle Sarju, P.A.

Tyler Stahl, Esq.

Threlkeld Law, P.A.

Absolute Law, P.A.

All Injuries Law

Aloia, Roland, Lubell & Morgan, PLLC. Arend & Sisk, P.A. Associates & Bruce L. Scheiner, P.A. Banker, Lopez & Gassler, P.A.

Boy Agnew Potanovic Miller, PLLC. Boyle & Leonard & Anderson, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC. Calvo & Calvo, Attorneys at Law

Che Diaz Law, LLC.

Cole Scott & Kissane, P.A. - Fort Myers

Dal Lago Law Freidin & Inglis, P.A.

firm with two or

the LCBA qualifies.

Garvin Law Firm

Goldberg|Noone|Abraham Personal Injury Atttorneys

Goldstein, Buckley, Cechman, Rice & Purtz, P.A. GrayRobinson, P.A. Green, Schoenfeld & Kyle, LLP Hahn, Loeser & Parks, LLP

John Webb Legal Group, P.L. Kagan Law Firm

Kelleher Law Knott Ebelini Hart

Law Offices of Dennis L. Webb, P.A. Law Offices of Michael M. Raheb, Criminal Lawyer Law Offices of Scott T. Moorey Lee County Legal Aid Society, Inc.

Men's Rights Law Firm

Osterhout & McKinney, P.A. Patrone, Kemp & Bentley, P.A. Pavese Law Firm Roetzel & Andress, L.P.A. Rubinstein & Holz

Scarmozzino / King Trial Lawyers Sheldon E. Finman, P.A. Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Spivey Law Firm, Personal Injury Attorneys, P.A. Strayhorn and Persons, P.L. Wilbur Smith, LLC

Yeslow & Koeppel, P.A.

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

Judge Kyle Dudek

1. I have an irrational fear of cockroaches, which is problematic living in Southwest Florida. And calling them “palmetto bugs” doesn’t fool me. Unfortunately, when some of my former colleagues learned of my fear, they hid fake cockroaches throughout my office.

2. In college, I worked as a bouncer at a local bar. Anyone who has met me in person will understand why that’s funny.

3. I grew up in a small town in upstate New York where restaurant options were limited, and my family stuck closely to the traditional meat-and-potatoes. There is still no Starbucks where I grew up. I had never eaten a fajita—or even knew what one was—until going to college.

4. Before moving to Florida, I lived in Washington DC. In the summer, I would bike around the monuments with my dog who tagged along in a backpack. More than once I was stopped by foreign tourists to pose for a photo.

5. When growing up, my parents were always tinkering with home improvement projects. I vowed as a teenager I would never waste my weekend working around the house. Fast-forward 20 years, and I am on a first name basis with the Lowe’s cashiers. Since buying a house in Fort Myers, I have installed hardwood floors, remodeled a bathroom and built a brick mailbox amongst other projects. I have officially turned into my father.

Paul Thomas, Esq.

1. I was born in France, and I moved to Naples, FL when I was 14 years old. I’m very proud to call this country my home. I became a US citizen in 2018 and was able to be sworn in with a lot of my close friends present in Fort Myers.

2. I like to do things myself and work with my hands. I’ve overhauled engines, remodeled homes, painted vehicles, etc. All these projects have been completed, except for an airplane I’m very, very slowly building.

3. I’m an adventurous person. I like to try new activities and see new places.

4. I’m a Formula 1 fan and rarely miss watching a race… even if it means watching a race on the iPad while I am travelling.

5. I don’t have a sweet tooth and don’t snack on all the amazing treats my girlfriend bakes; yet, I can’t walk past Skittles without eating some (or a whole family size bag).

The

Continues

Pavese Law took part in a “Day of Caring” on August 13 to benefit the United Way School Resource Center in Fort Myers. The attorneys and staff at Pavese Law, along with their families and friends, packed over 700 packages of toiletries that were distributed by the United Way School Resource Center to students in need throughout Lee County.

Attorney Deana Sisk of Arend & Sisk P.A., is proud to announce her recent certification as a civil mediator. Sisk is Florida Bar Board Certified in Civil Trial Law and has been a trial attorney since graduating with honors from the University of Florida College of Law in 1997. She is admitted to practice in the U.S. District Court Middle District as well as the State of Florida and is an Associate Member in the American Board of Trial Advocates.

Pavese Law is proud to announce that attorney Christopher L. Pope has earned Board Certification in Real Estate Law from the Florida Bar Board of Legal Specialization & Education. Pope is now triple Board Certified, having also earned Board Certification in Construction Law and Condominium and Planned Development Law. He is one of only 2 attorneys in the State of Florida to be recognized with all three certifications.

M. Travis Hayes, a shareholder of Grant Fridkin Pearson, P.A., presented “Advising the Personal Representative in the Administration of the Estate” at the Summer Meeting of the American College of Trust and Estate Counsel (“ACTEC”) in Banff, Canada. Hayes is a Fellow of ACTEC and currently serves on the Fiduciary Litigation Committee and the Fiduciary Income Tax Committee for ACTEC. He is a member of the Executive Council for the Real Property, Probate & Trust Law (“RPPTL”) Section of The Florida Bar and is the immediate past Chair of the RPPTL Probate Law and Procedure Committee.

Judge Margaret O. Steinbeck received the 2022 Chief Justice Award for Judicial Excellence from Florida Supreme Court Chief Justice Carlos G. Muñiz at the annual education program of the Florida Conference of Circuit Judges in August. Judge Steinbeck has served as a judge since 1998. She also serves as the chair of the Trial Court Budget Commission.

The Twentieth Judicial Circuit Judicial Nominating Commission held a public telephonic meeting on Tuesday, August 23, 2022 to nominate a Chair and Vice-Chair for 2022-2023. Richard Montecalvo was named Chair and Mike Carr was named Vice-Chair. The Commission thanks Sanjay Kurian for serving as Chair during the 2021-2022 year. Members of the 20th Judicial Circuit Judicial Nominating Commission are: Mike Carr, Esq. (Vice-Chair), Aaron A. Haak, Esq., Sharon M. Hanlon, Esq., Sanjay Kurian, Esq., Steven Martin, Esq., Richard J. Montecalvo, Esq. (Chair), Aaron J. O’Brien, Esq., Andrea Pleimling Smith, Esq.

Aloia new

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Here for Yo u...Yesterday, andToday Tomorrow.

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