Issuu

OCTOBER 2019

MAKING A DIFFERENCE

The inspirational power of pro bono work

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

CONTENTS

features

AD DIRECTORY

18 Legacy of Miguel C.

Fernandez III continues with the Hispanic Bar Association by Karla Y. Campos-Andersen, Esq.

22 Making a difference through pro bono work

by Tom Hayden

On the cover: Shanthy Balachanthiran, Esq. Photo courtesy of Jim Jett Photography

18 departments 6

Letter from the President by John Webb, Esq.

Letter from the Executive Director

30 The Dish

Dixie Fish Co. by Lauren Baugh

by Lauren Baugh

10 Calendar of Events 12 Ethically Speaking

by Henry Lee Paul, Esq.

14 Practice Section

Tort Litigation by Dan Stengle, Esq. & Dawn Maselli, Esq.

16 YLD Spotlight

by Nicole Brunswick, Esq.

20 New Members 26 Legal Lens

LCAWL Happy Hour and Orangetheory Fitness

27 Advertisers Spotlight

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

28 Legal Beat

TechLaw Conference by Conor Foley, Esq.

32 Ask the Attorney

Handling the 'Roadblocker' and 'Hothead' in Deposition by Victor Bermudez, Esq.

36 100 Club 38

5 Things You Don't Know About Me by Honorable Margaret Steinbeck

40 5 Things You Don't Know

by Anne Dalton, Esq.

About Me

In The News

Boy, Agnew, Potanovic 15 Business Observer 17 Calvo & Calvo Attorneys at Law 27 CONRIC PR & Marketing 19 CopyLady IFC DeMine Immigration Law Firm 29 Denise Kennedy 13 Direct Impressions 37 Donna Tisch 11 Edison National Bank BC Family First Legal Group 25 Fort Myers Court Reporting 19 Garvin Law Firm 39 Greenwire Technology Solutions 35 Henderson, Franklin, Starnes & Holt, P.A. 17 Hurtado Immigration Law Firm IBC Kelleher Firm 35 Law Firm of Scott T. Moorey 36 Law Offices of Jerry Berry, P.A. 37 Law Offices of Dennis L. Webb 21 LCBA Foundation 37 Leonard P. Reina 29 Leslea Ellis, LLC 13 Livingston Loeffler, P.A. 17 Markham Norton Mosteller Wright & Company PA 15 McHale, P.A. 33 Men's Rights Law Firm 21 Merit Court Reporting, Inc. 29 Morgan & Morgan 9 Musca Law Office, Inc. 3 REAS, Real Estate Advisory Services, LLC 35 Robins/Kaplan, LLP 33 Roetzel & Andress 41 Sexto Productions 20 Sheldon E. Finman, P.A. 41 Simon Harrison 13 Spivey Law Firm Personal Injury Attorneys, P.A. 5 Sproat Workplace Investigations 40 Steven Niehaus, Edison Business Advisors 38 Stockman Mediation 11 The Historic Dean Building 7 The North Law Firm, P.A. 33 Total QuickBooks Solutions 34 Veranda Restaurant 11 Von Ahn & Associates 39 Wright Mediation 27

Our advertisers support the LCBA. Please do your best to support them!

It is the policy of the Lee County Bar Association to hold meetings only in those facilities that do not discriminate on the basis of race, gender, sexual orientation, national origin, physical or mental disability, or religion. The Association will engage in a good-faith interactive process with any employee, prospective employee, member or invitee to determine if a reasonable accommodation is needed and will make reasonable efforts to provide such accommodations. Any requests for accommodation should be directed to the executive director of the Lee County Bar Association, Lauren Baugh at lbaugh@leebar.org or 239-334-0047.

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âš– October 2019

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LETTER FROM THE PRESIDENT As we wind down another incredible month, I am continually delighted by the active participation we have seen by our members, both in the community and at Lee County Bar Association events. Even though my term as president ends in a couple of months, I remain excited for what we still have left to accomplish this year and how our efforts will resonate as we proceed into next year and the years thereafter. In September, we celebrated Constitution Week with some of our future’s best and brightest students at Southwest Florida schools, where local students were given the opportunity to engage with many of our attorneys and judges through open dialogue and insightful presentations. The event was educational and engaging for students and rewarding for our members. I would like to thank our volunteers for their help. In October, we recognize the many attorneys that have accepted pro bono cases within the past year at our Pro Bono Awards Luncheon on Oct. 18 at the Sidney & Berne Davis Art Center. Pro bono work is critical to our purpose as a bar association – through promoting and encouraging the provision of legal aid to the indigent, as well as promoting a better understanding between the public and legal profession. Please join us in recognizing the hard work of those who engaged in pro bono service and to celebrate the tremendous impact pro bono service has within our community. Finally, we hope you will be able to join us for a night of great food and entertainment at the 30th Bench Bar Gala, which will be Nov. 16 at the Sidney & Berne Davis Art Center. There is a high level of excitement surrounding this year’s gala, which will undoubtedly produce many memorable moments for our members and guests. The gala planning committee has come up with a number of fantastic ideas to enhance the experience for all and make this a night to remember. Please save the date now and register as soon as possible at leebar.org. John C. Webb, Esq. john@johnwebblegal.com | 239.313.7362

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⚖ October 2019

LEE COUNTY BAR ASSOCIATION ADMINISTRATION Executive Director - Lauren Baugh Lawyer Referral Service Coordinator - Kheila Perez

EXECUTIVE COUNCIL PRESIDENT John Webb, Esq.

SECRETARY Tiffany Pereira, Esq.

VICE PRESIDENT Matt Roepstorff, Esq.

TREASURER Blake Hampton, Esq.

BOARD MEMBERS

Kathy Smith, Esq.

Peter Knize, Esq.

Spencer Cordell, Esq.

Michael-Anthony Pica, Esq.

PRESIDENT EMERITUS - Daniel J. Endrizal III, Esq. YLD PRESIDENT - Nicole Brunswick, Esq.

COMMITTEE CHAIRS

PRACTICE SECTION CHAIRS

BENCH-BAR GALA

ALTERNATIVE DISPUTE RESOLUTION

Danielle Butler, Esq. DIVERSITY AND INCLUSION

Ita Neymotin, Esq. and R. Noelle Branning, Esq. HEALTH AND WELLNESS

John Miller, Esq. and Joel Hyatt, Esq. HISTORY

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

Amanda Bartley, Esq. and Kelly L. Fayer, 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. PRO BONO

Andrew Banyai, Esq., Blair DeMinico, Esq. and Shanthy Balachanthiran, Esq.

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

Alex Brockmeyer, Esq. and Matthew Irwin, Esq. CRIMINAL LAW

Leah Harwood, Esq. and Kathleen Fitzgeorge, Esq. ELDER LAW

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

Magistrate Gilberto Perez and Kati Calvo, Esq. GENERAL CIVIL AND BUSINESS LITIGATION

George Knott, Esq. and Carlos Kelly, Esq. LAND USE AND GOVERNMENTAL LAW

Erica Woods, Esq. and Sarah Spector, Esq. REAL PROPERTY, PROBATE & TRUST LAW

Kenneth Kemp, Esq. and Jennifer Hammond, Esq. SOLO & SMALL FIRM

Conor Foley, Esq. TORT LITIGATION

Preston John (PJ) Scheiner, Esq.

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October 2019 ⚖ RES GESTAE

LETTER FROM THE EXECUTIVE DIRECTOR We have had some busy months here at the LCBA! I was warmly welcomed in August and jumped right in the deep end of the pool. The executive council, members, advertisers, sponsors and vendors have all been wonderful to work with and I look forward to working closely with each of them to continue to improve the LCBA and our community. October is pro bono month! Florida Rural Legal Services and the Lee County Bar will be coming together again for our Pro Bono Awards Luncheon to honor attorneys who have provided free legal services. Our members will be recognized for their service and receive awards from Florida Rural Legal Services. The ceremony will be held at the Sidney and Berne Davis Art Center, starting at 11:45 a.m. on October 18. If you are not already participating in the FRLS Pro Bono Program, please consider joining, they are in need of many more attorneys. My job as the executive director is to serve our members. Please feel free to e-mail or call me with any suggestions, comments, or concerns. I would love to hear feedback and ideas for the new year. And a little more about me. I have an 8-year-old little girl, Eden, whom I spend most of my free time with. We enjoy doing volunteer projects in the community. We also spend a lot of time with my mom, Vicki Baugh. We have a dog, named Cooper, and a cat, named Tuna. I am the founder and president of a local grass roots and very humble non-profit called "Shoes, Socks, Shirts and Smiles, Inc.” The purpose of this organization is to collect new and used namesake items, and then some, to give to those in need in Lee County.

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

239.334.0047 resgestae@leebar.org

Staff PUBLISHER

Connie Ramos-Williams | 239.690.9840

EDITOR-IN-LAW

Tiffany Pereira, Esq.

MANAGING EDITOR Tom Hayden

CREATIVE DIRECTOR April Bordeaux

ADVERTISING DIRECTOR Linda Fiore | 239.690.9840

FEATURE WRITER Tom Hayden

CONTRIBUTING WRITERS

John Webb, Esq. Lauren Baugh Henry Lee Paul, Esq. Dan Stengle, Esq. Dawn Maselli, Esq. Nicole Brunswick, Esq. Karla Y. Campos-Andersen, Esq. Conor Foley, Esq. Victor Bermudez, Esq. Hon. Margaret Steinbeck Anne Dalton, Esq.

CONTRIBUTING PHOTOGRAPHER Jim Jett Photography

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©2019 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.

Thank you to everyone in this community, legal and not, for being so welcoming and helping. Lauren Baugh, Executive Director LBaugh@leebar.org | 239.334.0047 Ext. 102

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CALENDAR OF EVENTS Dates of some practice section meetings have not been confirmed. Check leebar.org for details!

OCTOBER

be discussing “Income, Estate & Gift Tax Consequences of Divorce.”

LCBA Criminal Law Practice Section Lunch

Noon-1:00 p.m. Twisted Vine, 2214 Bay Street, Fort Myers.

11 Seminar

Diversity & Professionalism Educational

9:00 a.m.-1:00 p.m. CLE pending. Presented by Ita M. Neymotin Esq., Regional Counsel Office of Criminal Conflict & Civil Regional Counsel Second District Court of Appeal. Cost is $35 for attorneys, $20 for paralegals, free for judiciary and government attorneys or government paralegals. To register or for more information, visit leecountylegalaid.org.

Real Property, Probate, Trust Law Practice Section Luncheon Noon-1:00 p.m. Lee County Justice Center, 1700 Monroe Street, Courtroom 5G, Fort Myers. Allison Christensen and Juan Bendeck will

Pro Bono Awards Luncheon

11:30 a.m.- 1:00 p.m. Sidney & Berne Davis Art Center, 2301 First Street, Fort Myers. Florida Rural Legal Services will honor attorneys who have accepted pro bono cases in 2019. Cost is $25 for members, $35 for non-members, $30 for advertisers and free for the following: judge, magistrate or recipient of Pro Bono Award. For more information, visit leebar.org.

Lee County Legal Aid Society's Golden Gala Speakeasy

6:30-9:30 p.m. Burroughs Home, 2505 First Street, Fort Myers. Cocktails, hors d'oeuvres, plated dinner, jazz band, 20s attire or black tie optional. $125 per person. RSVP to get your private passwrod for entrance. 239.334.6118 or LeeCountyLegalAid.org.

24 Meeting

LCBA YLD & LCAWL Joint Lunch

Noon – 1:00 p.m. Location TBD. Luncheon features State Attorney Amira Fox, Esq. and Public Defender Kathleen Smith, Esq. CLE pending. For more information, visit leebar. org. Cost is free.

24 Lunch Meeting

LCBA Pro Bono Committee

Noon-1:00 p.m. Collaboratory at the SWFL Community Foundation, 2031 Jackson St., Fort Myers. Suggested donation of $8 to cover cost of sodas and pizza, plates, napkins and cutlery. RSVP to Nanci Dubois at Nanci@leecountylegalaid.org.

Land Use & Governmental Law Practice Section Lunch Meeting Noon-1 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. Fee to attend is $25 for members, $35 for non-members, $30 for advertisers and free for judges and magistrates. RSVP and register at leebar.org or call 239-334-0047.

Visit us online at leebar.org to see more calendar items. You can conveniently RSVP for upcoming events. Would you like to submit an event? Email your event submission to resgestae@leebar.org

Thank You to our Annual Sponsors for 2019

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October 2019 ⚖ RES GESTAE

ETHICALLY SPEAKING BY HENRY LEE PAUL, ESQ.

Lawyers advising lawyers provides valuable mentoring

t is widely recognized there is a desperate need for mentoring of young lawyers in Florida. There are 12 law schools in Florida and in excess of 107,000 members of The Florida Bar. It is not uncommon for a law school graduate to enter the work force with $250,000 or more in student loan debt, which adds to the stress of starting practice as a new lawyer. For those lucky enough to land a job in a larger law firm or a government agency, there are usually internal mentoring procedures to help a new lawyer learn about professionalism and the practice of law. However, for a large number of new lawyers, opening a practice as a sole practitioner is the entry level into the legal work force. This career path can be especially risky if the new lawyer does not make efforts to find and develop mentoring resources. Too many young lawyers learn the hard way through involvement with the disciplinary process that having a license to practice law does not necessarily equate with knowing how to practice law with professionalism. One such resource is a free mentoring resource program offered to members of The Florida Bar. The Young Lawyers Division of The Florida Bar (YLD) sponsors the program known as Lawyers Advising Lawyers (LAL). This program may be accessed on the YLD website at flayld.org. The website explains the LAL program is helpful “If you confront an issue in an area of law or procedure unfamiliar to you, the LAL program provides quick access to an attorney advisor who likely has the experience to help. A brief consultation with a LAL attorney advisor should assist you in deciding the best approach for resolving the legal issue you

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are confronting. Please note that the program is designed to supplement, rather than act as a substitute for the exercise of independent judgment by the attorney seeking assistance.” The program pairs experienced lawyers in 50 different practice areas with lawyers looking for assistance. Mentors are available to provide the new lawyer some direction and guidance. This can be a valuable asset to help a new lawyer avoid a costly mistake. One mentor involved in the LAL explained that his experience in the program has confirmed the need for mentoring. He observed that it is at times “scary” to field questions from sole practitioners who need advice on issues that they are unable to answer because they do not have anyone to ask. It is unfortunate that the disciplinary system is littered with examples of misconduct by new lawyers that is simply caused by lack of knowledge of how to practice. A mandatory mentoring system, as implemented by several state bars, does not appear to be on the horizon for The Florida Bar. However, if a new lawyer takes the initiative to become active in the voluntary bar, they will discover that most experienced lawyers are generous with their time to answer practice questions. Those desiring to provide or receive mentoring services may sign up on the YLD website. ⚖

Henry Lee Paul 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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TORT LITIGATION BY DAN STENGLE, ESQ. AND DAWN MASELLI, ESQ.

Supreme Court flips from Frye to Daubert

n May, the Florida Supreme Court – with three new Justices – abruptly reversed longstanding Supreme Court doctrine for expert testimony admissibility.

In its opinion, the Court discarded the long-used Frye standard, bringing the Florida Evidence Code into compliance with The Federal Rules of Evidence, which utilizes the Daubert standard. Exercising its constitutional authority to adopt court procedures, the new Court didn’t receive input to its decision because the Court, in 2017, had taken such input. This prompted a “procedural” dissent from new Justice Robert Luck, one of the three new justices. The decision will have ramifications to many legal disciplines, including personal injury, criminal, land use, environmental, and other areas in which experts play significant roles. For 70 years, Florida followed Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), allowing expert evidence to be admitted only when scientific techniques, principles or methodologies are generally accepted in the scientific community. Thus, Frye comes into play only when novel approaches form bases for expert opinions. Then, in 1993, the United States Supreme Court, in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 588, 113 S. Ct. 2786, 2794 (1993), held the adoption of the Federal Rules of Evidence superseded Frye, holding that “general acceptance” is not an admissibility prerequisite, discarding Frye in all federal courts. The majority of state courts now follow Daubert, a broader standard that applies to virtually all expert testimony. In 2013, the Florida Legislature weighed in, adopting amendments to the Evidence Code to enact Daubert. In Florida Statutes section 90.702, Daubert applies three criteria for determination: Whether testimony is based upon sufficient facts or data. Whether testimony is based upon reliable principles and methods.

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Whether the facts and principles are applied reliably to the case. Section 90.704 requires the judge to determine whether the probative value of otherwise inadmissible facts or data, in assisting the jury to evaluate the expert opinion, substantially outweighs its prejudice. The prior Supreme Court’s 2017 Daubert rejection originated with a report from The Florida Bar’s Code and Rules of Evidence Committee which, in a 16-14 split, recommended the Court reject Daubert. In a 2018 personal injury case, DeLisle v. Crane Company, the prior Court held that section 90.702 was procedural, and within the province of the Court, rather than substantive, and within the province of the Legislature. It again rejected Daubert and reaffirmed Frye as Florida’s standard. The abrupt change in direction will not end the Court’s examination of the implications of the change. The Court noted the prior Court did not decide whether section 90.704 is procedural, and so the new Court adopted that section only “to the extent it is procedural.” The Court declined to determine whether DeLisle was decided correctly or to determine constitutional concerns with Daubert. Those issues, the Court said, must be left for a proper case or controversy. ⚖ Dan R. Stengle practices plaintiffs’ personal injury litigation and appeals with Associates & Bruce L. Scheiner. He is a member of the Appellate Practice and Trial Lawyer’s section of The Florida Bar and the Southwest Florida Trial Lawyers Association.

Dawn Maselli practices plaintiffs’ personal injury law with Associates & Bruce L. Scheiner. She is currently a fellow in Class VII of the Leadership Academy of The Florida Bar.

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October 2019 ⚖ RES GESTAE

YLD SPOTLIGHT BY NICOLE R. BRUNSWICK, ESQ.

Ave Maria associate dean emphasizes importance of networking

t has been quite a busy year for the Lee County Young Lawyers Division. We have been continuing our speaker series for the last couple of months and the young lawyers seem to be enjoying. Last month, at our September membership lunch (pictured), we heard from Jennifer Lucas-Ross, Esq., the Associate Dean of Career Services and Alumni Affairs at Ave Maria School of Law. She spoke to us about the importance of networking and how those who are not naturally comfortable with the skill can still be successful networkers. Often when one thinks of a networking event, the typical image is of a large room with many people standing around in circles talking to one another. It’s not always the most welcoming setting to walk into. However, as Lucas-Ross explained, networking is simply about building relationships. That can be done in many different ways. When you view networking as relationship building or simply forming connections, it makes the activity more palatable, especially for those of us who are more introverted and tend to avoid networking altogether. Lucas-Ross also shared a networking event that will be held on Oct. 10 from 4 to 6 p.m. at Ave Maria. Attorney volunteers are needed to assist with this speed networking event. The program is designed to help law students develop their networking skills. Please email me at Nicole@ itsmylegalright.com if you would like to volunteer. Last month, we had our annual Day at the Courthouse event, where we take young lawyers and law students on a tour of the Lee County Justice Center. We started the day hearing from Judge Carolyn Swift, who provided us with valuable practice tips from the bench. Then, we were given

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⚖ October 2019

September LCBA Young Lawyers Division membership luncheon

a tour of the Lee County Clerk’s office and on-site jail. Please also mark your calendars for our Oct. 24 luncheon, which will be a combined event with LCAWL. Guest speakers are State Attorney Amira Fox and Public Defender Kathleen Smith. Lunch will be provided and CLE credit is pending. Please RSVP to me at Nicole@itsmylegalright.com Be sure to RSVP for our upcoming lunch as you will not want to miss out on hearing from these wonderful guest speakers! You may RSVP on Facebook or by emailing our secretary, Eunice Gedeon, at Eunice@leecountylegalaid.org. Be sure to like and follow us on Facebook and Instagram. We post event updates there in addition to our reminder email blasts to Lee YLD members. ⚖ Nicole R. Brunswick is an associate at the Simmons Law Firm, P.A. Nicole focuses her practice in family law. Nicole earned her Juris Doctor from Stetson University College of Law. In addition to serving as president of the Lee YLD, Nicole serves on the Association of Family Law Professionals Board of Directors and the Lee County Legal Aid Society Board of Directors.

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October 2019 ⚖ RES GESTAE

GUEST ATTORNEY FEATURE BY KARLA Y. CAMPOS-ANDERSEN, ESQ.

Legacy of Miguel C. Fernandez III continues with the Hispanic Bar Association

Hola amigos!

Hard to believe that it has been six months since the launch of the Miguel C. Fernandez III Hispanic Bar Association. Our first meeting, “Café con Proposito” (Coffee with a Purpose) was a success. In attendance we had strong support from the judiciary, local public figures and members of our bar association. I am happy to say we have gained over 50 members! I will continue to be forever grateful for the outpouring of support and interest in this organization. We also raised over $1,000 for #KindLee to create a service project for children. I look forward to telling you about the children who were helped because of Miguel. The executive board has been busy ever since, planning for our future. We have been keeping the Hispanic Bar Association goals in mind, which is to improve the administration of justice as well as rendering services and opportunities to members of the community with a focus on the Hispanic Community. And equally important, to honor Fernandez III, and continuing his legacy. The day after our first meeting we learned about an opportunity to work with Fort Myers Police Chief Derrick Diggs. The police are currently dealing with a predicament of our local Hispanic community not reporting crimes or assisting in solving crimes. We have been spending an extensive amount of time behind the scenes working with the police on a very important outreach service to assist the Hispanic community. The next step is to meet with our members to finalize the details, and we will announce the date and time of our next Cafe con Proposito soon. All I can say at this time is that it has the potential of being HUGE, and our Hispanic Association will have the opportunity to make a tremendous impact! I can give you more details about the second annual #KindLee Turkey Drive, which is fast approaching. Miguel was a man passionate about giving back to his community. He was equally passionate in his faith and was a lifetime member of Grace Church. He was involved in many bar organizations, one which was #KindLee.

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⚖ October 2019

Photos above left to right: Miguel Fernandez III with his wife, Denise. Fernandez family – Michael Washington, Denise Fernandez, Mariah Washington and Liam Washington.

Before his passing, he was working on organizing the turkey drive for #KindLee. Unfortunately, he passed before he could finish his project. But other members of #KindLee picked up where he left off and put on a successful turkey drive in 2018. Partnering with Grace Church, the event raised almost $2,000 and collected 65 turkeys, allowing us to feed 165 families in our community. Can we do better this year? Heck yeah! The turkey drive will take place from Nov. 20 to 22. The drop off location for your turkeys or monetary donations will be the Lee County Bar Association Office, 2077 First Street Suite 207, Ft. Myers, FL 33901. Checks should be made out to the Lee County Bar Association Foundation, with #KindLee Turkey Drive in the memo. We also plan to celebrate Miguel’s larger-than-life personality. We are partnering with the Cape Coral Bar Association and the Isaac Anderson Jr. Bar Association to throw a super festive Cinco De Mayo party in 2020! Adios, y mejor deseos a todos! ⚖

Karla Y. Campos-Andersen is a past president of the Lee County Bar Association (2012) and a current member. She is a sole practitioner that focuses her practice on criminal defense and family and matrimonial related issues. She is actively involved in many organizations, but her favorite thing in life is raising and spending time with her baby girl, Kaydence. Indulging in pizza is a close second.

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âš– October 2019

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October 2019 ⚖ RES GESTAE

Shanthy Balachanthiran, Tax Clinic Director and Supervising Assoicate for Florida Rural Legal Services, and client Alex Rodriguez

Pro bono publico - ‘for the public good’ - not just in the sense of professional work undertaken voluntarily and without payment, but in the sense of a public service to those who are unable to afford the services of skilled professionals. It is a noble and necessary calling for all attorneys. – Chief Justice Tani G. Cantil-Sakauye (October 2014)

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MAKING A DIFFERENCE THROUGH PRO BONO WORK A

lex Rodriguez had lost hope. Facing mounting bills and bankruptcy, as well as going through a divorce, he didn’t know where to turn. Then, he discovered a group of legal saviors called Florida Rural Legal Services Inc., who count on the generosity of area attorneys for much-needed pro bono work to help those with legal hardships. “I had hit rock bottom,” Rodriguez said. “Everything around me started to crumble.” Rodriguez could not afford an attorney but received information about Florida Rural Legal Services to help him with his divorce, to assist him with a federal tax delinquency, to file for bankruptcy and work with him on an individual rights matter. Rodriguez is one of thousands helped each year by the generosity of attorneys. They are members of the Lee County Bar Association who routinely participate in helping clients, free of charge, with family law, individual rights, bankruptcy, consumer rights, guardian advocacy and many other cases. “We get a lot of residents in the county and surrounding areas who simply don’t have the financial means to legal access because of the rising cost of legal fees,” said attorney Shanthy Balachanthiran, who is Tax Clinic Director and Supervising Associate for Florida Rural Legal Services. She has worked with Rodriguez on a pro bono basis. Similar pro bono services take place each day at the Lee County Legal Aid Society. The non-profit and its

By Tom Hayden Photos Courtesy of Jim Jett Photography

full-time staff of four attorneys, and volunteer attorneys, offer legal advice and counsel, or direct representation to over 1,000 people a year. There is great satisfaction, executive director Andrew Banyai said, in helping people get legal relief and doing it for free. “There is a certain purity in the relationship,” Banyai said. “They know you are genuinely trying to help them. They know that they don’t Andrew Banyai, Executive Director at Lee County Legal Aid Society expect to pay you.” Lee County Legal Aid Society looked at 300 applications last year and was able to help over 200 people. Attorneys also offer advice during monthly clinics at the Lee County Justice Center (through a partnership with the Lee County Clerk of Court’s Self Help Center) and at the United House in Cape Coral. “We are in a position to help the people that need the October 2019 ⚖ RES GESTAE

most help and that happens to be children,” Banyai said. Those who work and volunteer at Florida Rural Legal Services help in many other ways. They help the elderly, who have fallen victim to predatory lenders. They work with victims of nursing home abuse, as well as on probate or financial issues following the death of a spouse. The pro bono work has made a big difference for Rodriguez, who was living in Bonita Springs at the time his life seemed bleak. “In 2016, I got into trouble with my employer, ended up losing my job, going through issues in a relationship, and unfortunately, I turned to the wrong thing and was doing drugs,” he said. “I ended up getting in trouble with the law and was on probation. I was losing my home, my car, my credit cards.” Facing bankruptcy and a divorce, and with limited legal options, Rodriguez reached out to Balachanthiran and filled out an application for assistance. His life immediately started to improve. “I am working, doing a lot better, have met somebody new in my life and I have been drug-free for almost three years,” said Rodriguez, who is 31 years old and recently moved to Naples. “Things are working out quite well.” Florida Rural Legal Services is the main reason Rodriguez can smile again. The amount of legal help Rodriguez received for free probably saved him about $12,000, Balachanthiran said. “The forms that have to be completed and civil procedure that has to be followed can be seriously daunting for someone who does not have a legal background,” she said.

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But pro bono work is not easy for attorneys. They have to give of their time and talents, knowing their commitments take away from paid time for clients at their firms. There are many pro bono opportunities available, but lately only about 5 percent of the registered attorneys with the LCBA volunteer their time, according to Ethel Wells, Pro Bono Coordinator at Florida Rural Legal Services. “It’s really a win, win situation for everyone,” Ethel Wells, Pro Bono Coordinator at Florida Rural Legal Services said Wells, who was the agency’s Pro Bono Coordinator from 2002-13, then retired but came back to the same position in 2016. "We appreciate the help we have received, but the need is greater now than it has ever been.” There is not enough pro bono assistance by local practitioners for the organization, which helped 7,000 clients last year. “We want to recruit more attorneys to do pro bono services,” Balachanthiran said. “We want them to give back to their communities in meaningful ways.” As part of their Florida Bar membership, attorneys are encouraged to offer 30 to 40 hours of pro bono work or donate $350 annually. Most donate the money. But as Balachanthiran points out, there are incentives for attorneys to participate in pro bono endeavors. At Florida Rural Legal Services, some of their expenses related to pro bono work are reimbursed for travel and paperwork copying. Attorneys do not have to pay for substantive training expenses and Continuing Legal Education credits, which are offered on a monthly basis at the Fort Myers office location. “I have 25 to 30 attorneys who have been by my side since I started. They just

can’t find a way to say ‘no’,” Wells said. “Attorneys say it is a very enjoyable experience.” Additionally, the organization will extend malpractice insurance coverage for related pro bono work. “There are a lot of really good attorneys here who will benefit from pro bono work with respect to their own professional growth in private practice,” Balachanthiran said. “And we definitely want the young attorneys to have access to pro bono opportunities. It’s a great way to learn another practice area.” Florida Rural Legal Services tries to meet all of the needs of low-income clients in the areas of family law, federal tax disputes, bankruptcy, housing, individual and consumer rights, education law, probate and immigration. Not enough attorneys are participating in pro bono services, however, and the need is great. Despite the challenges, Rodriguez is one of many success stories for the dedicated organization. “The best part is seeing clients’ situations improve,” Balachanthiran said. “In Alex’s case, we have walked on this journey with him. It’s definitely motivating for us to continue to provide assistance to others who may be in a similar predicament.” ⚖

About Florida Rural Legal Services, Inc. Office locations: Fort Myers, Belle Glade, Stuart, Immokalee, Punta Gorda, Rivera Beach/West Palm Beach Area, Lakeland, Fort Pierce and Belle Glade. Fort Myers location: 3210 Cleveland Ave., Fort Myers, FL, 33901. Services provided: Housing law, family law, public benefits, individual rights, consumer rights, elder law, immigration, education, medical legal partnership, bankruptcy and tax assistance. For more information: To donate, learn about pro bono opportunities for attorneys, become a volunteer or intern, go to the Florida Rural Legal Services, Inc. website at frls.com. 1-888-582-3410 or 1-800-284-4588

LCBA Pro Bono Awards Luncheon Florida Rural Legal Services will honor attorneys who have accepted Pro Bono cases in 2019. When: Noon- 1:00 p.m. Oct. 18 Where: Sidney & Berne Davis Art Center, 2301 First Street, Fort Myers. Cost: $25 for members, $35 for non-members, $30 for advertisers and free for the following: judge, magistrate or recipient of Pro Bono Award. Info: leebar.org.

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LEGAL LENS LCAWL AFTER HOURS AND ORANGETHEORY FITNESS FUN

Attorneys and friends gathered for some fitness, fun and conversation at a pair of events in August. The Lee County Association for Women Lawyers had their Annual Kick-off Happy Hour and Membership Drive at The Barrel Room in downtown Fort Myers. The LCBA sponsored a class at Orangetheory Fitness to promote health and wellness.

1. Lauren Baugh, James Kelleher at LCAWL happy hour 2. Melody Porter enjoys LCAWL event with a colleague 3. Catching up at the LCAWL event 4. Kayla Richmond shares conversation at LCAWL gathering 5. Doug Kemp, Alexis Barkis 6. Andrea Smith, Christopher Smith, Eve Kosciuszko at LCAWL event 7. Heather Hesselgesser, John Webb, Orangetheory trainer Garrett Rasmussen, David Fineman, John Miller and Joel Hyatt at Orangetheory Fitness

7 26

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meet clients’ needs. Referrals often come from the areas of estate and trust litigation, intellectual property issues, legal malpractice claims, as well as appellate matters, mediation and arbitration. When James A. Franklin Sr. and R.A. Henderson started the firm in 1924, they realized the importance of community involvement. Nearly every attorney contributes their time and talent to a charitable organization. The firm consistently supports many civic, charitable and community organizations, including Community Cooperative, Hope Healthcare, Habitat for Humanity, United Way of Lee, Hendry, Glades, and Okeechobee and Valerie’s House, among others. ⚖

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October 2019 ⚖ RES GESTAE

LEGAL BEAT BY CONOR FOLEY, ESQ.

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he second annual TechLaw Conference, sponsored by the LCBA Solo & Small Firm Practice Section, is Nov. 20 from 8:30 a.m. to 4 p.m. We’re really excited to bring this event back for Southwest Florida attorneys looking to become more tech savvy and make the practice of law more efficient. We have an amazing list of speakers booked, our sponsors are committed, the CLE information is submitted and pending and we’re fine tuning the event details to provide an experience for attendees. The speakers’ companies have doubled down and are also sponsoring the event. Other sponsors

include Fort Myers Court Reporting, LitNMore, and GunterFirm. Sponsors allow us to keep this all-day event affordable, but also provide tons of information to those in attendance. Our first attempt at hosting this event in 2017 was ambitious. We organized the event in a month’s time, finding speakers, sponsors and hammering out the details. The reviews were all positive and it was deemed a success. Admittedly, we made some mistakes. The CLE information did not arrive until after the event. Some of the presentations did not deliver enough value. In 2019, we’re committed to raising the stakes and making this the best legal technology conference

hosted by any local bar association. We look forward to bringing you the latest and greatest in legal tech and marketing to benefit your practice. If nothing else, the 3 technology credits required under Rule 6-10.3(b) will be taken care of in one day. TechLaw Conference When: Wednesday, Nov. 20 Location: The Collaboratory (floridacollaboratory.com) Cost: $25. Go to leebar.org to register and pay More info: Contact Conor Foley, chair of the Solo & Small Firm Practice Section, at conor@gunterfirm.com. ⚖

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October 2019 ⚖ RES GESTAE

THE DISH BY LAUREN BAUGH

One of the origin

y boat or by land, Dixie Fish Co. is the place you must try. With its authentic Fort Myers Beach atmosphere and top-notch service, it’s a must find, even though It can be difficult to spot under the Matanzas Pass Bridge on the way to the beach. Tyler Florence of the Food Network came down to Fort Myers and featured Dixie Fish Co. on his show “The Extra Mile: What to eat in Fort Myers, Florida.” Nothing says Fort Myers Beach more than eating fresh seafood, seeing the sunset and listening to live music. My family and I frequent Dixie Fish Co. It has become our favorite casual spot to have amazing food on the Fisherman’s Warf, where we can sit, eat a great meal, laugh, watch the boats go by and catch a glimpse of that priceless Florida sunset. When you walk up to put your name in with the hostess, you are greeted with a smile and the top-notch music. The musicians have played there for years and sing every genre under the sun, all the while entertaining all ages. Dixie Fish Co. has a variety of specialty drinks along with a multitude of local craft beers. The bar is in the center of the fish house and is very clearly the hub of the place. The menu is full of great choices, but my favorite way to start is to get a dozen raw oysters, they are HUGE and full of flavor. There are other amazing appetizers to tempt your palate, such as fried green tomatoes, house made chips and many more. No matter how long you wait or how packed it is, your food is always served quickly, fresh and piping hot! The flavor is like no other. They literally catch the fish or shrimp and serve it to you. Shrimp is my favorite go-to. I usually get the fried shrimp dinner with collard greens and french fries. The shrimp are huge, as are the portions. The restaurant’s fries are battered for that extra crispy texture and offer a unique flavor. My daughter always gets the chicken fingers

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⚖ October 2019

with fries and ranch dressing. Each time, I insist on trying them before she eats them; my ploy to steal a chicken finger because they are just as fresh as the seafood. A few more favorites are the fish and homemade chips, the grilled triple tail and the whole fried hog fish (fun fact: I once ate the eyeball out of a whole fried hog fish at Dixie Fish Co.)

nals: Dixie Fish Co. During this trip, our server came over with our raw oysters and crackers. I noticed she set two cups on top of each other, on the table. I had not seen that done before, and when I asked her what it was, she stated “Oh, it’s your ‘wrapper trapper.’’’ I laughed and soon learned that this was a genius idea. The cracker wrappers were to be put under the top cup so they would

not fly away. This concept should be duplicated at all waterfront restaurants. Like many restaurants, Dixie Fish Co. is aware of the environmental effect that plastic straws are having, so it uses paper straws. I also notice when you are done with your plate of oysters, which are typically served on a bed of ice, they dump the shells and ice back into the water. They strive to maintain an environmental conscience. These are some of the many special touches at Dixie Fish Co., which has a rich history. It was built and opened in 1937, serving as a fish market to buy and sell various seafood. It later became a restaurant and was run by the Guthrie family from the 1950’s to 2002. It was sold but reopened in January. Gradually, over time, it became a restaurant. While the wait can be long, the food is worth the extra minutes. Dixie Fish Co. offers amazing entertainment, location, food and service - all in a casual Fort Myers Beach atmosphere. ⚖ 714 Fisherman’s Warf Fort Myers Beach, FL. 33931 239. 233.8837 Open 11 a.m. - 10 p.m. dixiefishfmb.com

Photos left (photos courtesy of Dixie Fish Co. unless otherwise noted) Top row: Dixie Fish Co. view from bay. Second row: Pappardelle Pink Shrimp Pasta - Florida pink shrimp sauteed with butter, white wine, and a light lemon zest cream sauce all tossed with broccoli, grape tomatoes, and fresh pappardelle pasta. Moonshine Mussels - apple moonshine and white wine broth seasoned with fennel, yellow onions, grape tomatoes and chorizo, topped with crispy garlic. Florida Pink Shrimp Salad - organic baby greens and fresh vegetables tossed in a light citrus dressing and topped with fresh locally caught pink shrimp salad. Third row: Oysters on the half shell. Dixie Fish Co.'s signature dish - Whole Fried Hog Fish topped with garlic butter sauce and served with a zucchini and grape tomato medley and roasted parsley potatoes. Bottom row (photos courtesy of Lauren Baugh): Fried Schrimp Dinner with collard greens and fries. Live entertainment. Chicken Fingers and fries. Lauren Baugh is the new executive director of the Lee County Bar Association. Baugh is a graduate of Edison Community College (now Florida SouthWestern State College) and Bishop Verot High School. She has worked in management, administration, bookkeeping and philanthropy.

October 2019 ⚖ RES GESTAE

ASK THE ATTORNEY BY VICTOR BERMUDEZ, ESQ.

HANDLING THE 'ROADBLOCKER' AND 'HOTHEAD' IN DEPOSITION

aking a great deposition is hard enough as it is. You have to know your case, you have to know the law, you have to be organized and you have to have a plan.

Take an underprepared attorney, throw in a difficult opposing counsel and what should have been a routine deposition can become a nightmare. Most attorneys we face in depositions are cordial and pleasant. Some attorneys aren’t. Two types often make for terrible depositions. I call them “The Road Blocker” and “The Hothead.” Attorneys need to have a plan for handling both of these characters. The Road Blocker: These are attorneys whose goal is to throw you off your game. They object early and often. Even if your questions are precise and proper, they’ll bring in the nonsensical and inappropriate objections. They start talking during your questioning to break your focus. They things like: “Objection. She didn’t say that. You’re putting words in her mouth.” “Objection. I see where you’re going, and I don’t see how that’s relevant.” “Wait. Can we clarify what you mean when you say every employee?” “How do you expect her to answer that? I’m instructing her not to answer.”

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The Hothead: These are attorneys who lose their cool every time they take a deposition or cross examine. They may begin with a friendly demeanor, but once they hit their stride, they become a monster. They’ll interrupt, ridicule, shame, and shout at your client. They’ll scream and holler things like: “No! You’re not listening to me! That’s not what I’m asking!” “Stop! Just Stop! My question was simple!” “Are you having trouble hearing me!? Because you can’t seem to understand a simple question!” Sitting across the table from either of these attorneys is no fun, but you don’t have to let them derail your deposition or beat up on your client. To gain some insight from someone whose job includes hashing out deposition disputes, I asked Magistrate Kimberly Bocelli of the 20th Judicial Circuit of Lee County to share her thoughts on confronting these lawyers: “Of course, these types of disputes are dependent upon the facts of the case, and each case would need to be considered independently. However, I can say that, generally, I would consider such a dispute by analyzing the facts in light of the applicable rules of procedure. “Rule 1.310, Fla. R. Civ. P., governs depositions, and I would defer to this rule. It states in subsection (c) that “Any

Continued on page 34

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ASK THE ATTORNEY CONTINUED FROM PAGE 32

objection during a deposition must be stated concisely and in a nonargumentative and nonsuggestive manner. A party may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation on evidence directed by the court, or to present a motion under subdivision (d). Otherwise, evidence objected to must be taken subject to the objections. ”Subsection (d) permits a party or deponent to make a motion for an order terminating the deposition or limiting the scope and manner of taking the deposition under rule 1.280(c) (i.e., a protective order) based upon a showing that “the examination is being conducted in bad faith or in such manner as unreasonably to annoy, embarrass, or oppress the deponent or party, or that objection and instruction to a deponent not to answer are being made in violation of rule 1.310(c).” Additionally, upon demand of ay party or the deponent, the taking of the deposition must be suspended for the time necessary to make a motion for an order. ”So, if any opposing attorney is making improper objections or otherwise acting unreasonably to annoy, embarrass, or oppress the deponent or party, you could remind the attorney of the requirements of the rule and give them an opportunity to correct their behavior in an effort to resolve

the matter without court action. If they persist, you can suspend (not terminate) the deposition in order to file a motion directed to the behavior. Such motion should be filed promptly, and a copy of the deposition transcript will likely be necessary for the court to rule upon the motion. Depending on the type of behavior and testimony at issue, you may be able to get some non-objectionable testimony, and should make an effort to get as much as possible, so that you would only have to come back to address the disputed testimony after the court ruled upon the motion.” Remember, you don’t have to put up with the antics of The Roadblocker or The Hothead. If it’s nothing too extreme, you may want to ignore it and continue questioning. But if it becomes a problem, go ahead and remind them of the rules. Give them warnings. Make sure it’s on the record. If all else fails, the rules are on your side and you could terminate or limit the examination and let the court set them straight. ⚖ Victor Bermudez is an associate attorney at Lindsay & Allen, PLLC, practicing employment law, real estate litigation, business litigation and probate/trust litigation. He is a member of the LCBA Young Lawyers Division, the Southwest Florida Federal Court Bar Association and the Business Law, Trial Lawyers and Labor and Employment Law sections of the Florida bar.

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October 2019 ⚖ RES GESTAE

Lee County Bar Association's 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 Law Aloia, Roland, Lubell & Morgan, PLLC Arend & Sisk, P.A. Associates and Bruce L. Scheiner, P.A. Avery, Whigham & Winesett, P.A. Banker Lopez Gassler, P.A. Bergermann Law Firm Bonita Springs City Attorney’s Office Boy Agnew Potanovic, PLLC Boyle & Leonard, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC Buchanan Ingersoll & Rooney PC Calvo & Calvo Cody & Linde, PLLC Coleman & Coleman Cole Scott & Kissane, P.A., Bonita Springs Ofc. DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A. Elder Law Firm of Beth A. Prather, P.A. Florida Rural Legal Services Fort Myers City Attorney’s Office Garvin Law Firm Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg Noone, LLC Goldstein, Buckley, Cechman, Rice & Purtz, P.A. Grant Fridkin Pearson GrayRobinson, P.A. Green, Schoenfeld & Kyle, LLP Grossman Law & Conflict Management Hahn Loeser & Parks LLP Henderson, Franklin, Starnes & Holt, P.A. John Webb Legal Group, P.L. Kelleher Firm

Knott Ebelini Hart Kuhn Law Firm, PA Kushner & Kushner LaDonna J. Cody, P.A., Attorney at Law Law Firm of Scott T. Moorey The Law Office of Brantley Oakey The Law Office of Michael M. Raheb, P.A. Law Offices of Dennis L. Webb, P.A. Lee County Legal Aid Society, Inc. Levins & Associates, LLC Maughan Law Group McQuagge Law Firm Men’s Rights Law Firm The North Law Firm, P.A. O’Halloran & O’Halloran, Attorneys at Law Osterhout & McKinney, P.A. Parvey & Frankel Attorneys, PA Patrone & Kemp, PA Pavese Law Firm Richard Johnston Law Robert Harris Law Firm Roetzel & Andress, L.P.A. Rubinstein, Holz & King, P.A Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Simmons Law Firm, P.A. Spivey Law Firm, Personal Injury Attorneys P.A. Strayhorn and Persons, P.L. Toll Law Vernis & Bowling of Southwest Florida, P.A. Viacava & Cantor Attorneys at Law Viles & Beckman, 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.

RES GESTAE

⚖ October 2019

Mr. Berry is board certified in criminal law. Jerry has been defending the accused for over 30 years. He is past president of the Collier County Bar Association and Past President of the Florida Association of Criminal Lawyers.

state

| federal | felony | misdemeanor | dui

JerryBerryLaw.com | 239.775.2255

Jerry Berry, Esq.

2670 Airport Pulling Rd #300, Naples

3rd Annual LCBA Foundation Wine Tasting Presented by

November 1, 2019 Time TBD

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Fine Wine & Amazing Appetizers $75 per person

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October 2019 ⚖ RES GESTAE

LCBA JUDGES SPOTLIGHT

Hon. Margaret Steinbeck

1. I ran a summer day care for the entire neighborhood when I was 12. Try that today, with all of those lawyers out there. I still love kids. 2. I attended 10 different schools in four countries before I graduated from high school. And not because I got expelled. My dad, age 95 and a three-war veteran, was career military. 3. I was the TV “weather girl” on Armed Forces Korea Network when I was 17. Black-and-white. Live. Thank God there are no video recordings … my hairdo alone would be enough to scare you. 4. I was the subject of a newspaper article because I was a woman in uniform assigned to an infantry division in 1978. The Women’s Army Corps was not disbanded until 1978, when there were 5% women in the military. Now, 16% of the Armed Forces are women. 5. I met my husband, Mark, walking across a crosswalk to post headquarters when I was a Second Lieutenant at Hunter Army Airfield in Georgia. He later inspired me to go to law school and become an Army Judge Advocate General, like he was. We’ve been married for 39 years. Four children, seven grandchildren and nine golden retrievers later, he’s still putting up with me. Go Army!

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RES GESTAE

⚖ October 2019

Thank yy...

FOR CONTINUING TO TRUST US WITH

YOUR CLIENT’S INJURY CASE. Jeff

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Leland

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AS ALWAYS, WE WILL PROVIDE COMPETENT LEGAL REPRESENTATION AND PAY YOU THE MAXIMUM REFERRAL FEE ALLOWED BY THE FLORIDA BAR. CHECK OUT OUR NEW WEBSITE - WWW.GARVINLEGAL.COM

October 2019 ⚖ RES GESTAE

LCBA MEMBERS SPOTLIGHT

Anne Dalton, Esq.

1. As the Senior Attorney at Radio City Music Hall, I once scored front-row tickets to the original Paul Simon Graceland Tour. 2. I ate dinner with Barbara Walters and the ABC News Magazine 20/20 crew every Thursday night for 3 years at ABC Network News in New York City. 3. I was the first General Magistrate and Court Commissioner in the entire 20th Judicial Circuit and was appointed by Judge Starnes. As such, I helped develop the first case management system here. 4. My first paid summer job was ironing undershirts in the non-air conditioned basement of the home of the head football coach in Madison, N.J. He wore them throughout our successful high school football season when we became Suburban Conference Champs. I like to think I helped the team win! And his wife sent them back downstairs if there was even a tiny wrinkle. 5. I am the pro bono Executive Vice President and General Counsel to the statewide Florida Writers Association in my spare time. Our motto is “Writers Helping Writers.”

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RES GESTAE

⚖ October 2019

Your

APPELLATE

GURU Local focus, statewide reach.

• Florida Bar Board Certified Appellate Practice • 12+ years’ experience with state & federal appeals

Christopher D. Donovan 239.213.3865 cdonovan@ralaw.com

• Former staff attorney for the Second DCA

With offices in Lee and Collier County. RALAW.COM | ROETZEL & ANDRESS, A LEGAL PROFESSIONAL ASSOCIATION

The Legacy Continues Saving families, one at a time Sheldon E. Finman, P.A.

A respectful approach to divorce. Client-centered, child-focused, problem-solving transition from marriage. Divorce does not have to be a destructive process.

239-332-4543 RespectfulDivorces.com Julia L. Finman, Esq.

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2134 McGregor Blvd., Fort Myers, Fl 33901 October 2019 ⚖ RES GESTAE

IN THE NEWS

Travis Hayes, of the law firm Grant Fridkin Pearson, P.A., was recently elected President of the Collier County Bar Foundation and President-Elect of the Collier County Bar Association for the 2019-2020 Bar year. Hayes, who specializes in estate planning, estate and trust administration, and estate and trust litigation, is a Fellow of the American College of Trust and Estate Counsel (“ACTEC”). Travis is a member of the executive council for the Real Property, Probate Trust Law (“RPPTL”) Section of The Florida Bar and currently serves as the chair of the RPPTL Probate Law and Procedure Committee. Tax attorney Sara Qureshi, with the firm Henderson, Franklin, Starnes & Holt, P.A., was a featured speaker recently at the Florida Bar Tax Section Organizational Meeting during the 2019 Ullman Year in Review at the Omni Amelia Island Plantation Resort. Her speech primarily focused on the application of the proposed regulations for Section 163(j) of the Internal Revenue Code. A graduate of Cape Coral High School, Qureshi obtained her bachelor’s degree in Legal Studies from Florida Gulf Coast University (magna cum laude), her Juris Doctor from Barry University Dwayne O. Andreas School of Law (magna cum laude) and Master of Laws (LL.M.) in Taxation from the University of Florida Fredric G. Levin College of Law.

Christopher D. Donovan, a shareholder in the Naples office of the law firm of Roetzel & Andress LPA, is chair-elect of The Florida Bar’s Appellate Practice Section, an organization of 1,500 attorneys devoted to promoting excellence in Florida’s state and federal appellate courts.

Kenneth A. Jones, who is experienced in eminent doman, condemnation and property right law, is the new Senior Counsel in the Litigation Area for the Fort Myers office of Hahn Loeser & Parks LLP . Jones also has experience representing utility companies acquiring easements for installation and maintenance of utility systems. He also represents municipalities and government entities in eminent domain cases including the City of Sanibel, Lee County, and the Florida Department of Transportation. Matthew Belcastro, of Henderson, Franklin, Starnes & Holt, P.A., has achieved the highest certification by The Florida Bar in Construction Law. Belcastro is a stockholder in Henderson Franklin’s Tort & Insurance Litigation division and Chair of the firm’s Construction practice group. He concentrates his practice in construction litigation, construction contract drafting, as well as business and real estate litigation. He is is a founding officer of the Lee County A.C.E Mentoring Program and is a member of the Lee County Building Industry Association (Lee BIA). He is a former board member of the Chamber of Southwest Florida, the Imaginarium and the City of Fort Myers Code Enforcement Board.

Attorney Justin Mazzara has joined Pavese Law Firm and will practice in commercial litigation, real estate, construction and business law. Mazzara earned a bachelor’s degree from the University of West Florida and graduated cum laude from the University of Florida Levin College of Law with his Juris Doctor. He was admitted to the Florida Bar in 2007.

RES GESTAE

⚖ October 2019

L A W

F I R M

Providing a beacon of hope for

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October 2019 Hurtado, ⚖ RES GESTAE Pablo

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FT. MYERS, FL PERMIT NO. 147

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

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Lending Team – From left back row: Geoffrey Roepstorff, CEO; John Ammons, Vice President, Cleveland Avenue Office Manager; Liz Aurensan, Vice President, Lending; Robbie Roepstorff, President. From left middle row: Darrin Grotrian, Asst. Vice President, Lending, Sanibel-Captiva Asst. Office Manager; Kim Nyberg, Vice President, Professional & Executive Banking; Greg Blurton, Vice President, Commercial Lending. To learn more about our customer From left front row: Leah Kirby, Vice President, services and convenient locations, River District Office Manager; Willy Ocasio, please visit EdisonNationalBank.com Vice President, Sanibel-Captiva Office Manager; Pam Edwards, or call 239.466.1800. Vice President, Lending. An Equal Housing Lender | Member FDIC | Bank of the Islands is an office of Edison National Bank.