Res Gestae - September 2014

THE OFFICIAL PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION SEPTEMBER 2014

A MORE CIVIL SOCIETY Reviving a practice section

PROFESSIONAL ETHICS COMMITTEE UPDATE

2014

Award of Distinction Recipient

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

EDUCATING LAW YERS with Professionalism and Integrity

Honored to be named the

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

by The National Jurist and PreLaw Magazine.

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

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

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Contents features

departments

16

2014 Property Tax Notices are Coming

6

Letter from the President

Michael S. Hagen

8

Letter from the Editor

10

Calendar of Events

11

New Members

Snooze & you will lose

18

Changing Direction While Staying in Your Lane

Phyllis R. Calloway

22

Claiming a More Civil Society

Reviving the General Civil &

Business Litigation Practice Section

Sara Fitzpatrick Comito

22

14

by John D. Agnew, Esq.

by Nanci DuBois

Ethics Korner

The ethics of social media, real estate trust accounts and electronic signatures

Jason Hunter Korn

20 Family Law Matters

Florida Family-Law Fraud Luis E. Insignares, Esq.

26 Real Estate

Where to buy, sell or lease

28 Terry’s Take on Things Ratings

T. Terry Rankin

30 The Dish

30

Alliance for the Arts GreenMarket

32 The Dish List

Where to Meet and Eat

34 On the Bench

Hon. Charles A. Davis, Jr.

35 From the Bar

Stacy L. Sherman, Esq.

36 Legal Lens

36

Social Scene Photos

38 Legal Briefs

News and Happenings

42 100 Club

4

RES GESTAE | September 2014

239.334.0047 resgestae@leebar.org

Staff Box PUBLISHER Connie Ramos-Williams 239.690.9840 EXECUTIVE EDITOR Nanci DuBois 239.334.0047 ASSOCIATE EDITOR Sara Fitzpatrick Comito CREATIVE DIRECTOR April Bordeaux ADVERTISING DIRECTOR Linda Fiore 239.690.9840 CONTRIBUTING WRITERS Sara Fitzpatrick Comito John D. Agnew, Esq. Nanci DuBois Dean Kevin Cieply Jason Hunter Korn Michael S. Hagen Phyllis R. Calloway Luis E. Insignares, Esq. T. Terry Rankin BILLING INQUIRIES 239.334.0047 Res Gestae is published monthly by CONRIC Publishing in partnership with Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to: resgestae@leebar.org.

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

On The Cover: Carlos Kelly, Hon. Elizabeth Krier, Hon. Michael McHugh, and Mary Briedé Cover Photo: Julie Renner Photography© Copyright© 2014. Lee County Bar Association, Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission of the Lee County Bar Association. To inquire about such permission, please contact Nanci DuBois, Executive Director of the Lee County Bar Association at info@leebar.org.

Maximum Referral Fees Paid

Note from the President I have worked in and with many organizations, both in the civilian world and the military sector. During this time, I have had the pleasure of working with some exceptional leaders, but I also have seen more than a few people in leadership positions who floundered.

One of the easier ways to be effective is simple: regularly engaging members of the organization. Competent leadership recognizes no single person (including the “leader”) is stronger or smarter than the collective group. Understanding this, the EC has made great efforts this year to take the pulse of the LCBA, and to determine if the EC’s goals are in line with those of the members or if there are significant,

differing opinions.

The most impactful way we have done so has been through the Membership Committee. This committee, led by then-chair Carlos Kelly, and including Judge John Carlin, Janette Smith, Shannon Puopolo, Karen Nixon, Claudia Volk, Mark Steinberg, Christopher Crowley and Kelly Fayer (EC liaison), put together and conducted surveys and compiled information from 108 e-survey and 26 in-person survey participants. This committee and all the survey participants (most of whom requested to remain anonymous) have my sincere thanks and appreciation for their meaningful efforts.

One of the bright spots was finding over 90 percent of those surveyed stated they would recommend LCBA membership to a fellow lawyer. There were all kinds of quality suggestions for improvement, but the following were the top four: 1) offer more CLEs at monthly lunches; 2) create a more functional website; 3) evaluate usefulness of the Lawyer Referral Service; and 4) increase networking opportunities for members.

We want you to know we have heard your calls and are responding. A greater portion of our lunch meetings for the next year will now include CLE’s, beginning with September’s presentation by Mike Randolph, Marcy Shaw and Laird Lile on the workings of the grievance process and professionalism committee. We have commissioned the creation of an entirely new and vastly improved website, which is nearly completed. The Membership Committee, now under the leadership of Janette Smith, is focusing its sole efforts on developing recommendations to improve the Lawyer Referral Service. Finally, we are looking at ways to provide additional events or more efficient networking opportunities over the course of the next year.

If you are curious about the full results of our surveys, we plan to post them on our new website for your review and further comment. As always, we welcome your input and participation in the LCBA’s continual goal of better meeting the needs of our members.

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

RES GESTAE | September 2014

LEE COUNTY BAR ASSOCIATION ADMINISTRATIVE TEAM EXECUTIVE DIRECTOR Nanci G. DuBois EXECUTIVE ASSISTANT Lisa Poulin LAWYER REFERRAL & PRO BONO COORDINATOR Kathy Robinson

EXECUTIVE COUNCIL PRESIDENT John D. Agnew, Esq. VICE-PRESIDENT Anne Dalton, Esq. SECRETARY Scott Atwood, Esq. TREASURER Kelly Fayer, Esq. MEMBER-AT-LARGE Daniel Endrizal, Esq.

YOUNG LAWYERS DIVISION PRESIDENT Shannon Puopolo, Esq.

COMMITTEES HISTORY E. Bruce Strayhorn, Esq. & Jenna Persons, Esq. LAW RELATED EDUCATION T. Rankin Terry, Esq. LAW WEEK Hon. John S. Carlin MOCK TRIAL Mary C. Evans, Esq. PAST PRESIDENT Mary C. Evans, Esq. PRO BONO Audrey M. Singleton, Esq. & Katie Berkey, Esq. MEMBERSHIP Janette Smith, Esq. SOCIAL EVENTS Amanda Mitteer-Bartley, Esq.

PRACTICE SECTION CHAIRS ALTERNATIVE DISPUTE RESOLUTION Anne Dalton, Esq. APPELLATE LAW Margaret White-Small, Esq. CRIMINAL LAW Keith Upson, Esq. REAL PROPERTY, PROBATE & TRUST LAW Kenneth Kemp, Esq. GENERAL CIVIL & BUSINESS LITIGATION Mary Ellen Briedé, Esq. & Carlos Kelly, Esq. TORT LITIGATION Preston John (PJ) Scheiner, Esq. FAMILY LAW Rana Holz, Esq. & Jo Ellen Kane, Esq. LAND USE & GOVERNMENTAL LAW Russell Schropp, Esq.

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Letter from the Editor In perfect alignment with this year’s Practice Building theme, I’d like to encourage all members to attend the Professionalism Panel CLE with Laird Lile, Marcy Shaw and Mike Randolph. This hour-long CLE will be held during our September 19th Membership Meeting, from 11:45 – 1 at Sidney and Berne Davis Art Center. This is one topic of general interest that will be very informative, and can help prevent unnecessary issues from arising in your practice of law.

The upcoming Investiture for Judge Sloan’s move into Circuit Court is on September 12 and the event will be in LaBelle. Turn the page for details.

Constitution Week is September 15-19.

The LCBA will be sending speakers into Lee County Schools again this year. Those judges and attorneys who have taken the time to present to our students have universally found it to be rewarding, and found the teachers and students to be very appreciative and interested. If you are interested in speaking (materials provided), please contact Scott Atwood or Al Alguadich at scott@atwoodlawfirm.com or albert@atwoodlawfirm.com or at 239898-4130.

Florida Rural Legal Services and LCBA presents Pro Bono Service Awards at the October 17th Membership Meeting, and we will be recognizing a special guest, Ethel Wells. As the former Pro Bono Services Coordinator for FRLS for many years, Ethel was instrumental in helping countless people in need of free legal assistance. She routinely went above and beyond her job requirements to bring lawyers and clients together in the name of justice. Cajoling, pleading and eventually convincing busy attorneys to take cases for free in an economically challenged atmosphere, Ethel worked tirelessly to make things happen. For this, she was named the 2014 Liberty Bell Award winner. As she was not able to be present during Law Week, we will recognize her at this meeting, when it is most appropriate to honor her for her contributions to pro bono service.

Sponsorships for the November 8 Bench/Bar Buckingham BAR-B-Q are now being accepted. This family-friendly outing is always popular and sponsoring is a good way to show your endorsement for this type of casual event. We currently have sponsorships from CopyLady; Kelly L. Fayer, PA; Iberia Bank; West – a Thomson Reuters business; and know that more of you will be joining these Annual Sponsors with your support very soon. Just send me an e-mail or pick up the phone, if I don’t connect with you first! As always, we will be honoring our retiring judges, which this year include: Hon. Sherra Winesett, Hon. Edward Volz and Hon. Mark Steinbeck. We wish to thank the Smoot family for lending us their beautiful property on the Orange River once again, and want to remind Tom Smoot III to make sure the Resurrection Fern gets watered the night before the party. (Tom will laugh at this…the watering that revives and unfurls the phenomenally lush fern growth that graces the oak branch over the serving table was forgotten one year, and the curled up brown stuff was a surprisingly dull “decoration” to the serving table that year!)

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

RES GESTAE | September 2014

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Calendar of Events September Sept 4

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RES GESTAE | September 2014

Nov 8 Scott A. Kuhn Attorney, Mediator, Arbitrator

Mysteries of the Backroom Noon – 1 pm with 2DCA Chief Judge Charles Davis, Karen Rossi, Esq. & Sarah Corbett, Esq. Lee County Justice Center, Courtroom TBA

Young Lawyers Division Meeting

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

RPPTL Practice Section Brown Bag Luncheon

Noon - 1 pm. Location to be announced on our website calendar, www.leebar.org Hon. James Sloan. 3:00 pm, location to be announced on our website calendar, www.leebar.org

Oct 30

6720 Winkler Road Fort Myers, FL 33919

Appellate Law Practice Section CLE Luncheon

Investiture

Oct 22

239.333.4529

Postponed to 2015: Walk-Run-Wheel Charity Event at Lakes Regional Park

Constitution Week Speakers in Schools

Contact Scott Atwood at scott@atwoodlawfirm.com to learn more or get involved. Additionals speakers needed.

Family Law Practice Section Meeting

Noon to 1 pm, Courtroom 5C, 5th Floor - Lee County Justice Center

LCBA Membership Luncheon

11:45 am – 1 pm, Sidney & Berne Davis Art Center. CLE on Professionalism with Laird Lile, Marcy Shaw and Mike Randolph – Featured charity: Dress for Success LawSuits Program

Land Use Section Meeting

Noon to 1:20 pm, Lee County Public Works Building, 1500 Monroe Street, 1st Floor Conference Room

Young Lawyers Division Meeting

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

Criminal Law Practice Section Brown Bag Meeting Noon – 1 pm in Judge Swett’s courtroom.

Details TBA online at www.leebar.org calendar

ADR Practice Section Brown Bag Meeting

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

Family Law Practice Section Meeting

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

LCBA Membership Meeting

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

Theme: Pro Bono Service Awards. Featured charity: Goodwill Industries

LCBA Executive Council Meeting

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

Land Use Section Meeting

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

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

Annual Bench/Bar Buckingham Bar-B-Que Don’t forget to register online now!

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

Would You Like to Submit an Event?

Email your event submission to resgestae@leebar.org

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Dean Cieply’s Side Bar At this writing, it is the eve of the ABA holding its Annual Meeting in Boston on August 8 -10, 2014. Almost certainly, at that meeting, the ABA House of Delegates will concur with what will be significant amendments to the ABA Standards for Approval of Law Schools. The proposed amendments address fundamental and core aspects of legal education, and will have an immediate impact on law schools across the country. For the better, in my opinion.

Perhaps the most significant changes are those that will require law schools to develop learning outcomes.

The learning outcomes are intended to force law schools to identify their product with specificity. At the end of a student’s law school education, schools will need to articulate exactly what students should know, just how good they should be in analytical reasoning, what practical skills they should possess, how conversant they should be with ethical issues, and exactly how ready they should be for the practice of law. It is a move away from the amorphous towards the concrete. And it is a call for law schools to engage in a recursive process of setting goals, designing, planning, assessing, and then repeating that process.

Indeed, one of the new standards addressing outcomes and assessments, Standard 315, states: “The dean and the faculty of a law school shall conduct ongoing evaluation of the law school’s program and legal education, learning outcomes, and assessment methods; and shall use the results of this evaluation to determine the degree of student attainment of competency in the learning outcomes and to make appropriate changes to improve the curriculum.”

Spurred undoubtedly by studies such as the two-year Carnegie Foundation Study, which called for an overhaul of legal education to better prepare graduates for the actual practice of law, the Department of Education and the ABA are now demanding schools to focus on “output.”

Another proposed change is the new standard requiring law schools to put six credit hours of experiential courses into their curriculum. While many law schools across the state and country have strong clinical and externship programs, this new standard forces all students in school to spend as much time in an experiential course as what has been, up until now, reserved only for the core bar tested subjects, such as Torts, Contracts, Civil Procedure, etc.

These are good changes and are responsive to what local bars have been demanding for years.

Just how quickly these new changes will take effect, if at all, will be decided by the time this goes to print. At the conference, the ABA House of Delegates can either concur with the 12

RES GESTAE | September 2014

by Dean Kevin Cieply

amendments or refer it back to the Council of the Section of Legal Education and Admissions to the Bar. But in the end, it is the Section Council which is the accrediting agency designated by the Department of Education, and thus these changes almost assuredly will be implemented. As to when they will become effective—most likely the new standards will be eased in over time. The ABA will need to give law schools adequate time to react and comply. Moreover, the ABA has much training to do itself. While outcomes, assessments, and the like may on their surface appear self-explanatory, there is a need to establish common understanding as to exactly how the standards will be enforced. The ABA itself will need to be clear, to set goals, outcomes, and assessments concerning their activity as the accrediting agency.

These are exciting times in legal education. As a newly appointed law school dean, I cannot imagine a better time to lead a law school as it embraces the challenges of training lawyers for the twenty-first century and works with the bench and the bar to implement these new standards into our school’s curriculum. RG Prior to joining Ave Maria School of Law as President and Dean in July 2014, Kevin Cieply served as the Associate Dean for Academic Affairs and Associate Professor at Atlanta’s John Marshall Law School. Dean Cieply also served for more than 22 years in the U.S. Army and Wyoming Army National Guard, retiring with the rank of Colonel.

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13

Ethics Korner The Ethics of Social Media, Real Estate Trust Accounts and Electronic Signatures

by Jason Hunter Korn

The Florida Bar’s Professional Ethics Committee (PEC) met again this summer. The PEC is comprised of about 40 lawyers from around the state. It is the governing body of the Bar that reviews and issues formal ethical opinions to guide Bar members in their conduct. The following are highlights of several items from the recent PEC meeting: Proposed Advisory Opinion 14-1 (Social Media). After more than an hour of debate over Proposed Advisory Opinion 14-1, the PEC voted to appoint a subcommittee to draft a modified opinion addressing the issue of social media. The draft opinion will be discussed at the next meeting of the PEC. There is no specific precedent in Florida on this issue.

It is anticipated that the proposed redrafted opinion will address the following four questions involving “pre-litigation” advice: 1) whether a lawyer may advise a client to remove posts, photos, videos, and information from social media pages/accounts that are directly related to the incident for which the lawyer is retained; 2) whether a lawyer may advise a client to remove posts, photos, videos, and information from social media pages/accounts that are not directly related to the incident for which the lawyer is retained; 3) whether a lawyer may advise a client to change social media pages/accounts privacy settings to remove them from public view; and 4) whether a lawyer must advise a client not to remove posts, photos, videos and information and preserve the information if the lawyer has advised the client to set privacy settings which do not allow public access.

Opinion 12-4 (Real Estate Transaction Funds in Trust Accounts). This Opinion became final. As discussed in a prior Ethics Korner article, this Opinion involves application of §626.8473(a), Florida Statutes, which requires lawyers acting as real estate and settlement agents to hold real estate transaction funds in a separate trust account, allowing auditing by title insurers. Essentially, Opinion 12-4 determined that a lawyer may not maintain a single trust account for all real estate transactions and allow audits by multiple title insurers unless 1) the lawyer has the consent of all affected clients or 2) the lawyer reasonably concludes that it is necessary to serve affected clients’ interests and the affected clients have not prohibited the disclosure of the information.

In addition, a lawyer may permit a title insurer to audit a 14

RES GESTAE | September 2014

single trust account used exclusively for client transactions insured by the title insurer requesting the audit. However, if the lawyer concludes that permitting audits by multiple title insurers is not necessary to serve affected clients’ interests or if affected clients have instructed the lawyer not to disclose the information, the lawyer should consider maintaining: 1) a separate trust account for each different title insurer used by that lawyer, 2) one separate trust account and obtain each client’s informed consent to disclose information regarding their transactions to multiple title insurers for their audits, or 3) one separate trust account and obtain consent from the various title insurers to audit only the information related to transactions that the title insurer is underwriting.

Opinion 87-11 Revised (Attorney Signatures). Opinion 87-11 was revised. It was originally approved in 1988 and determined that “under no circumstances, should an attorney permit a nonlawyer employee to sign the attorney’s name, together with the attorney’s initials, to notices of hearing and other pleadings.” Based upon the recent changes to Judicial Administration Rule 2.515 regarding electronic signatures and the recent Opinion 12-2 (addressing E-Portal log-in credentials), the 1988 opinion was revised consistent with those items. You may recall that Opinion 12-2 permits lawyers to provide their log-in credentials to the E-Portal to “trusted nonlawyer employees” for filing court documents. The lawyer must review and approve the document, monitor the nonlawyer’s use of the E-Portal and should immediately change the lawyer’s password if the nonlawyer employee leaves the firm or “shows untrustworthiness in the use of the E-Portal.” RG Jason Korn is an attorney, shareholder and Managing Director of the Florida office of Cohen & Grigsby. He is a member of the Litigation, Construction, and Shareholder and Partnership Dispute Practice Groups of the firm.

He is also currently a member of the Circuit’s Professionalism Committee and served on the PEC for 12 years, with his recent term ending in July 2014.

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Snooze & You Lose Your Right To Appeal

by Michael S. Hagen

The opportunity to appeal one’s property tax assessment is a valuable right that most property owners overlook year after year.

The appeal season begins in earnest with the property appraiser’s mailing in the time frame of August 11-20, 2014 of its TRIM (proposed property assessment) Notice to each real estate owner. That TRIM mailing date initiates a 25-day window for owners to file Value Adjustment Board (VAB) petitions to contest values. By timely filing a petition, the owner preserves his right to a hearing on his reduction request or to informally work matters out with the property appraiser.

Unfortunately, most owners ignore these TRIM Notices and only “wake up” when the tax bills go out in November. At that point, it is usually too late to file a VAB appeal and the only remedy is a circuit court property tax appeal lawsuit, which is rarely cost-effective and in all ways is a less advantageous process than the streamlined, inexpensive VAB administrative appeal process.

To avoid missing out on this advantageous VAB appeal opportunity, owners should consider the following: 1. Check with the Property Appraiser to ensure that an accurate address is used to mail you your TRIM Notice and tax bill; 2. If you will not be at that address in August 20, then make forwarding arrangements to promptly get your TRIM Notice; 3. Business owners should notify staff to watch out for this important Notice and to promptly provide it to the appropriate staff member for immediate follow-up within the 25-day appeal time frame; 4. When in doubt, if an assessment is not yet resolved by the appeal deadline, file a timely petition online at leeclerk.org.

Get started before you receive your TRIM Notice! 2014 values were available on July 1, 2014, when the property appraiser submitted his tax roll to the Department of Revenue.

Note, however, that some Property Appraisers are stealthy as to their willingness to provide these values before they mail 16

RES GESTAE | September 2014

their TRIM Notices. Be insistent, however, as this is public record.

The VAB appeal procedures are not simple. In order to prevail, an owner must provide persuasive valuation evidence that proves the Property Appraiser’s valuation is incorrect.

For upscale properties, the need for experienced property tax representation has become virtually essential. The VAB “bar” is continually being raised and, in response, my firm is partnering this year with highly regarded Fort Myers-based broker/MAI appraiser Steven Cunningham of Landqwest to bring an even higher level of expertise to our appeals.

Preliminary 2014 tax roll estimates in Lee and Collier Counties indicate an overall 5%-7% increase in taxable values, although increases will vary widely depending upon geographic area and property strata. Residential values should increase at a much higher percentage than commercial values. I expect an increase in residential appeals while commercial appeals should remain flat as compared to last year.

Offices remain the “weakest link” in the commercial realm, with continued low rents and continued high vacancies, resulting in valuations that should remain low.

Based upon my 21 years in the property tax field, most properties are not overassessed this year. However, the VAB appeal process provides overassessed owners with a costeffective, expedient opportunity to resolve their assessments. RG Mike Hagen is a Fort Myers-based property tax/real estate attorney with Hagen Law Firm and owns TaxCuts 1, Inc., a property tax consulting and appeals firm. Hagen was the attorney for the Lee County Property Appraiser’s office for 10 years and has represented property owners across SW Florida since 2003 in valuation and agricultural exemption appeals. E-mail him at Mike@TaxCuts1.com.

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September 2014 | RES GESTAE

17

Changing Direction While Staying In Your Lane

by Phyllis R. Calloway

At birth, we enter the world with certain titles, e.g, son/ daughter, sister/brother, granddaughter/son, niece/nephew and so on. With titles, come responsibility and expectation.

As professionals working in a demanding legal arena, additional responsibilities abound. And you realize that you are not Perry Mason and you need more than Della Street and Paul Drake to accomplish your responsibilities.

Attorneys routinely handle multiple clients and must satisfy the clients to retain the relationships. Growing the practice also requires obtaining and nurturing new client relationships.

The busy attorney then hires staff to assist with administrative tasks. If the balance between those inherited responsibilities and professional responsibilities makes you feel overwhelmed occasionally, the Association of Legal Administrators has a solution for you in 5 words: You need an Office Manager/ Administrator.

An attorney managing the administrative/operational duties of a busy office while practicing law can leave something underdeveloped. Statistics show that a firm should consider employing a full-time office manager when 10 attorneys and non-lawyer personnel have been hired. Attorneys whose practice is at this level do not have time to handle the staff retention, benefits, repair of office equipment, staff coverage when someone calls in sick, payroll and negotiating contracts.

Attorneys should hire qualified, experienced, knowledgeable and dedicated office managers. The key is to allow the office manager to handle the administration and operations of the office. A potential problem that any new manager has to overcome is gaining the confidence of the lawyer and acceptance of the leadership role of the office manager by nonlawyer personnel. While transition from the old ways can be difficult, when the attorney displays confidence by stepping away from those internal business administrative tasks and allowing the Office Manager to handle them, the rest of the

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RES GESTAE | September 2014

office will follow.

Attorneys foster connections and collaboration with clients; office managers foster connections and collaboration with staff in the firm. Attorneys must demand positive results that grow and protect the firm, whereas an office manager encourages the staff to enhance their knowledge by learning the processes involved in creating a successful law office business.

There are partners who choose to wear multiple hats in their law practice. While a firm is small, the partner may sufficiently manage dual roles. However, with expanding growth the partner won’t be able to fit all the “hats.” Remember, both client workload and administrative activities require focused attention.

Lawyers, you went to law school to practice law. Ask yourself these questions: 1. Do I really want to engage in day-to-day administrative matters of the firm?

2. Is handling administrative matters the best use of my time?

Food for thought: There is a world of difference between the operation and profitability of law firms with great administrators and those without. Is your firm ready for a change? RG Phyllis R. Calloway is Regional Office Manager for Fort Myers, Naples and Tampa at Becker & Poliakoff and President of the Southwest Florida Chapter Association of Legal Administrators, a resource organization that helps determine the need for an administrator, provides training and assists in supervisor development. She can be reached at PCalloway@bplegal. com or (239) 433.7707

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September 2014 | RES GESTAE

19

Family Law Matters

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

Premarital Perpetrations and Spousal Skullduggery (Part 1)

by Luis E. Insignares

Fraudulent inducement is a common defense in contract actions generally, and the defense also exists, particularly respecting financial disclosure, regarding prenuptial agreements and many post-nuptial agreements. In this installment, we’ll look at the traditional rules applicable to analyzing fraud as a defense to marital and premarital agreements, as established

by Florida case law. (Later, in Part 2, we’ll look at how statutory additions to the legal framework may have changed those traditional case-law rules, and at least one important exception of more recent vintage.)

General requirements seen in other types of contract cases may be applied: that the representation was false when made, that the defrauding party knew, or should have known of the falsity of such statements, that it was intended that the alleged representation would induce the other party to rely thereon, and that the defrauded party suffered injury in justifiable reliance on 20

RES GESTAE | September 2014

such alleged representations. See, e.g., Quittner v. Quittner, 725 So.2d 1168 (Fla. 3d DCA 1998) (holding that trial court erred in setting aside settlement agreement where record did not contain evidence to establish proof of elements of materiality or reliance necessary to establish fraud), review denied, 735 So.2d 1287 (Fla. 1999); see also, Cocoves v. Campbell, 819 So.2d 910, 912 (Fla. 4th DCA 2002) (in order to raise affirmative defense of fraud, “pertinent facts and circumstances constituting fraud must be pled with specificity, and all the essential elements of fraudulent conduct must be stated.”).

We all remember from law school the idea that, while more generally fraud is based on an affirmative misrepresentation to the defrauded party, nondisclosure of pertinent facts may also constitute fraud—if there is a duty to disclose. Also recalling the statutory admonition that Chapter 61 proceedings are in chancery, see, § 61.011, FLA. STAT. (2013), fraud by

Family Law Matters nondisclosure has an especial place in the law of Florida domestic relations, due to the fiduciary relationship of fiancés, and spouses, inter se.

The leading case in this area is Casto v. Casto, 508 So.2d 330 (Fla. 1987). Under Casto, there are two separate ways to invalidate a prenuptial or post-nuptial agreement: First, a spouse may set aside or modify an agreement by establishing that it was reached under fraud, deceit, duress, coercion, misrepresentation, or overreaching.

Masilotti v. Masilotti, 158 Fla. 663, 29 So.2d 872 (1947); Hahn; O'Connor. See also Del Vecchio v. Del Vecchio, 143 So.2d 17 (Fla.1962).

The second ground to vacate a settlement agreement contains multiple elements. Initially, the challenging spouse must establish that the agreement makes an unfair or unreasonable provision for that spouse, given the circumstances of the parties. Del Vecchio, 143 So.2d at 20. To establish that an agreement is unreasonable, the challenging spouse must present evidence of the parties' relative situations, including their respective ages, health, education, and financial status. With this basic information, a trial court may determine that the agreement, on its face, does not adequately provide for the challenging spouse and, consequently, is unreasonable. In making this determination, the trial court must find that the agreement is “disproportionate to the means” of the defending spouse. Id. This finding requires some evidence in the record to establish a defending spouse's financial means. Additional evidence other than the basic financial information may be necessary to establish the unreasonableness of the agreement.

Once the claiming spouse establishes that the agreement is unreasonable, a presumption arises that there was either concealment by the defending spouse or a presumed lack of knowledge by the challenging spouse of the defending spouse's finances at the time the agreement was reached. The burden then shifts to the defending spouse, who may rebut these presumptions by showing that there was either (a) a full, frank disclosure to the challenging spouse by the defending spouse before

the signing of the agreement relative to the value of all the marital property and the income of the parties, or (b) a general and approximate knowledge by the challenging spouse of the character and extent of the marital property sufficient to obtain a value by reasonable means, as well as a general knowledge of the income of the parties.

508 So.2d at 333 (footnote omitted).

As with all rules born of equity, the above two-part nondisclosure fraud test certainly contains any number of rather “subjective” factors in its evaluation. The first step in that analysis is whether the agreement is facially “unreasonable,” because it does not “adequately” provide tor the more impecunious spouse. Both of these are “wiggle” words with more than a little room for argument.

However, the second part of the test, after the burden shifts to the more well-off spouse, also contains even more subjective considerations, in that the agreement will be upheld if disclosure was made, which was both “full” and “frank.”

But how much disclosure “gas” must be placed in the “tank” before it is “full” enough, and what amount of candor is necessary in order for such disclosure to be considered “frank” enough to pass judicial muster? Conversely, even if no disclosure is made, the agreement will be upheld if the challenging spouse had a “general” and “approximate” knowledge of the other’s finances. Although it seems clear that the latter is a more lax standard than the former, counsel will have to consult case law precedent in order to make his or her argument in a given case. RG

Luis E. Insignares is a board certified marital and family lawyer and a certified family law mediator practicing in Fort Myers, Florida with the firm of Luis E. Insignares, P.A. He serves on the Executive Council of the Family Law Section of the Florida Bar and is a current member of the Family Law Certification Review Committee and former member of the Family Law Rules Committee of the Florida Bar. September 2014 | RES GESTAE

21

CLAIMING A MORE CIVIL SOCIETY

Reviving the General Civil and Business Litigation Practice Section

by Sara Fitzpatrick Comito

I

n our year of practice building, the LCBA has witnessed a renaissance of sorts in regards to practice section activity. Several sections that have enjoyed steady involvement continue full speed ahead, while others have steadily picked up steam. Some have reorganized after a period of dormancy. Among the latter is the General Civil and Business Litigation Practice Section.

Mary Briedé has assembled an A-team including herself and fellow attorney Carlos Kelly, along with judicial liaisons Hon. Michael McHugh and Lee County newcomer Hon. Elizabeth Krier. The section hasn’t been active since 2011, but is now poised to draw vast interest, providing networking, education opportunities and real-world skills to new and established practitioners in the legal community across all practice areas.

What will members get out of their involvement? “People will get camaraderie out of it, and useful knowledge about how to be the best lawyer they can be,” according to Briedé.

Judicial perspective A unique aspect of the section is the direct and active involvement of its dedicated judicial liaisons, who will provide a perspective from the bench that is impossible to come by during the course of normal courtroom interaction.

Kelly quipped, “We’re going to know exactly what the judges want. It’s like when you were in school and the teacher said, ‘write your name on your paper and if I can read your name you get five points.’ It’s a ‘gimme.’” Seriously, though, it all adds up to better outcomes for clients, and that’s something all parties involved can feel good about. “We become better advocates when we come to understand what practices these judges appreciate and what they prefer not to see,” Kelly concluded.

It’s not a one-way street, though. Judge McHugh said, “I also think that it is invaluable as a judge to be able to interact with attorneys who practice in front of me and get their feedback about what is working, what isn't – and feedback about the court system and litigation in general. I think that we can all learn from each other.”

Judge Krier has just taken over Judge Winesett’s docket, whose retirement was effective at the end of last month. She said she has made it a habit to be involved in the various sections for the respective practice areas over which she has presided. “I find that Bar Sections always contribute to improving the practice and procedures for lawyers and judges.”.

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RES GESTAE | September 2014

Pictured L to R: Mary BriedÊ, Hon. Elizabeth Krier, Hon. Michael McHugh, and Carlos Kelly Photos Courtesy of Julie Renner PhotographyŠ

Driven to success Plan to attend an organizational meeting for what co-chairs Briedé and Kelly promise will be a memberdriven section on Wednesday, November 12 from noon to 1 p.m. in hearing room 4-H, including lunch.

Thereafter, the recurring meeting schedule will be the second Wednesday of every other month, same time and place unless otherwise announced.

Judge Krier said, “Hopefully, members will receive continuing education credits, discuss court procedures and enjoy the collegiality!”

Worthy adversaries In addition to sharpening practitioners’ skills, practice sections serve to enhance collegiality in the legal community. Unlike in television court dramas, cutthroat tactics do nothing to help clients or elevate careers.

“One of the great things about this profession is that a lot of people can separate the business from the personal,” Briede ventured. “I haven’t seen anything in this community that would suggest that would be a challenge.”

Kelly agreed that finding common ground prevents personality issues from getting in the way. “It benefits the client in the long run to have a collegial adversary.” Participation in practice sections is one powerful way to foster relationships and manage priorities, especially in a tightly knit community like Lee County.

“It’s a small community,” acknowledged Briedé, “but not so small that you will be practicing with the same lawyers on a regular basis. Still, your word and your reputation will be known.”

As a corollary, larger communities might have greater tolerance for unprofessional behavior. “It’s like driving in Miami,” said Kelly. “People cut you off because they don't expect to see you again."

As for our co-chairs, their reputations certainly precede them. Judge Krier attested, “Ms. Briedé appeared before me when I presided in the Collier County felony division. She was always professional and well prepared. More importantly, Ms. Briedé is committed to the law and her profession and this is clearly communicated in any task she undertakes.”

Judge McHugh expects good things to come from this practice section with Kelly also on board: “I have known Carlos for a long time. I have known him as a litigator and also from doing volunteer work. I have always appreciated his intellect and high ethical standards.

Judge McHugh explained, “I believe that it is very important for the practitioners in our area of the law to get to know one another better and be able to benefit from each other's knowledge and experience.”

Briedé is already thinking about the future of this section that once reorganized, should take on an energy of its own. As a member-driven organization, suggestions are welcome as to topics, presenters and activities. Mostly, just show up and be part of the success. “We won’t be at the helm forever,” she said.

“Change can be good.”

With topic ideas, or to volunteer yourself as a speaker, contact Mary at mbriede@knott-law.com or Carlos at carlos. kelly@henlaw.com. RG Upcoming CLE/meeting topics: • Ethics in deposition if opposing counsel is behaving badly • Ethics in preparing an expert for deposition • Ethics in preparing your client for deposition • Ethics in mediation • E-discovery • Professor-led discussion: What are ethics? Where do they come from? How do we recognize the need for ethical judgment?

• State Court Judicial Panel • A View From The Federal Bench • Annual attendee feedback session: How well are the local courts functioning?

For your reference, Judge Krier’s Lee County Civil Procedures (effective September 1, 2014) are downloadable at www.ca.cjis20.org/home/collier/colljudge.asp?Judge=krier.

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RES GESTAE | September 2014

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25

Real Estate

where to buy, sell or lease

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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, Nanci DuBois at info@leebar.org, admin@leebar.org, or (239) 334-0047, Option 3.

to advertise here-email resgestae@leebar.org

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RES GESTAE | September 2014

Real Estate

where to buy, sell or lease

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September 2014 | RES GESTAE

27

Terry’s Take On Things

Ratings

by T. Terry Rankin

The other day a layman in an adversarial position with much adrenaline flowing opined that I was a “bad lawyer”. I told the gentleman that I had long since stopped arguing with those who doubted my abilities because first, they could be right; and second, any opinions by others of my ability I left to others.

I don’t know that lawyer rating schemes do or ever have been very accurate or given the laity much insight into the competency or worth (i.e., results vs. fees charged) of a lawyer.

I have developed a more insightful and potentially more accurate rating system: Incompetent (should not be a lawyer); over-rated (reputation is in excess of competency); rated (reputation equals competency); and, under-rated (competency is above reputation).

I am still working on who the “raters” should be and other operational issues.

Existing rating systems, e.g., Martindale-Hubble and “Best/ Greatest/Super” Lawyers, by various methods sample the bar, the bench, and maybe others and then by analytical methods which, unfortunately, are not transparent, rate lawyers. I don’t know as I’d do much better. Maybe the answer is that we all should publicly rate ourselves! Think about what the results of that would be.

The opinions expressed are those of the author, who rates himself as “under-rated”, and not those of the Lee County Bar Association, Inc. or any other of its members. RG

T. Rankin Terry, Jr., BSME (Kentucky), JD (Washington Univ. St. Louis), LLM (Tax) (Florida), has been board certified in Civil Trial since 1983 and a Certified Mediator since 1994. He has practiced in Fort Myers since 1972.

Email: trterry@gmail.com.

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Kevin F. Jursinski, B.C.S. Florida Board Certified in Real Estate, Business & Construction Law

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29

The Dish

“Raw ingredients trump recipes every time; farmers and ranchers who coax the best from the earth can make any of us appear to be a great cook.”

~Judy Rodgers, The Zuni Cafe Cookbook

If this column exists to highlight “where to meet and eat,” then this columnist has been seriously remiss in heretofore having neglected the phenomenon that has become “the new public square,” according to Michael Pollan. The food expert and author of The Omnivore’s Dilemma frequently cites a stat from a social science study indicating people typically have 10 times the number of conversations at a farmers’ market than at the supermarket.

Many fine farmers’ markets dot the Southwest Florida landscape on various days. Most Saturday mornings I can be found at the Alliance for the Arts GreenMarket. I come for the food or some garden plants and inevitably stay to talk to a neighbor I haven’t spoken with before, a friend I haven’t seen in ages and many interesting people selling many interesting things. If the “GreenMarket” portion of the name gives you pause, take heart. Sure, there’s plenty of kale, microgreens and other things a friend of mine deridingly refers to as “new food” (i.e., something other than meat and potatoes). But

you’ll also find fresh gulf seafood, hot sauces, local honey, prepared dishes, arts and crafts, entertainment, yes – meat and potatoes – and, of course, farmers.

I try to keep things light around here, so I won’t go on at length about how very disconnected most Americans have become from their food. I too am a product of a “box food” childhood. At some point I learned cheese doesn’t come from a packet of orange powder. Cheese seller Caroline Hostettler supplies the top chefs in the area with her delicacies. At her Greenmarket booth, they run the gamut from aged raw milk cheeses from Switzerland to gooey, decadent soft ripened cheeses made by Mississippi Mennonites and their well caredfor goats to famous favorites like the French St. Agur, a creamy, sharp, satisfying blue. A former journalist, Caroline is a natural storyteller with a passion for her products and their producers.

Almost as much as the quality of her products, her regular customers come to her for a connection to geography, climate, farmers and animals that simply cannot be found in their chain supermarket’s dairy case.

The Dish “Let us not forget that the cultivation of the earth is the most important labor of man.

When tillage begins, other arts will follow. The farmers, therefore, are the founders of civilization.”

Vendors come and go, and there’s always something new at the GreenMarket, including clothing, beautiful handmade soaps, chocolate covered frozen bananas, an array of choices for the orchid fancier, tamales, musical instruments, rainwater barrels, edible flowers, breads, fresh eggs, pastry, coffee, homemade jams, olives and pickles. Alva-based Brittain Farms maintains a steady presence, offering up whatever good green things had been plucked that morning, a good assortment of peppers, tomatoes, potatoes and fruits and an old Florida conversational style peppered with “sirs” and “ma’ams.” Millisa Bell of the Unruly Gardener can help you get your own vegetable garden growing, and sells plant starters and seeds while doling out helpful advice for success in the peculiar conditions presented

by Southwest Florida’s soil and seasons.

Local Chef Ruth Cohen is also always on hand offering up delicious, healthy homemade food and free conversation. Ride your bike to the market (fitted with a grocery basket) and follow your nose. The smoky aroma of Jonesez BBQ will lead the way.

Once you’re there, you’ll find this public square is a hub for all kinds of community interaction. Local musicians like Chip Withrow provide free entertainment, and his wife Anna offers a fine free yoga class at 9:30 to beginners and advanced students alike. Workshops on composting, beekeeping, urban farming and weaving with palm fronds are also free and open to attend.

Even our four-legged friends have the chance to meet at the GreenMarket. It’s only civilized – and it all starts with farming.

As Daniel Webster said, “Let us not forget that the cultivation of the earth is the most important labor of man. When tillage begins, other arts will follow. The farmers, therefore, are the founders of civilization.” RG

Alliance for the Arts GreenMarket 9 a.m. to 1 p.m. every Saturday 10091 McGregor Blvd., Fort Myers (239) 939-2787 artinlee.org/visit/greenmarket Sara Fitzpatrick Comito is the Communications Editor for CONRIC PR & Marketing | Publishing, and associate editor of Res Gestae magazine. For suggestions and comments on this regular feature, contact Sara at Sara@ConricPR.com.

Photos courtesy of Lee County Alliance for the Arts

September 2014 | RES GESTAE

31

The Dish List

where to meet & eat

Take a break from the Ordinary

Try the Extraordinary 239-332-2065 Lunch Mon - Fri Dinner Mon - Sat Closed Sunday Valet Service at Dinner Reservations Recommended

Extraordinary Since 1978

Downtown Fort Myers River District www.verandarestaurant.com

Saves Us All Time & Money For the first 7 months of 2014, we collected $525,000 in child support and alimony in cases that involved 460 children.

We can do so much more with your support. Please consider donating your Pro Bono hours or dollars to Lee County Legal Aid Society. *retro and annualized

LeeCountyLegalAid.org 32

RES GESTAE | September 2014

The Veranda 239-332-2065 2122 Second Street, Fort Myers www.verandarestaurant.com The Veranda’s romantic setting in two turn-of-the-century homes, combined with our Southern Regional Cuisine, an extensive wine list, and first class service staff will provide you with the most unique dining experience in Southwest Florida.

Make Your Reservation Now to Advertise in THE DISH LIST To take advantage of this great opportunity to have your establishment featured in this special section, contact Linda Fiore: 239.690.9840 or resgestae@leebar.org

We are delighted to announce that Boyle, Gentile & Leonard, P.A. has expanded our office locations to include Tampa, Florida located at 309 S. Fielding Avenue, Tampa, FL 33606.

Amanda Anderson, Esq. will bring her expertise to the Tampa area.

The law firm of Boyle, Gentile & Leonard, P.A., has grown to be one of Florida’s most recognizable names in: insurance litigation • bad faith • business litigation real estate litigation and transactions • mediation & appeals

It will be our pleasure to serve you at our new location with the same quality and service you have come to expect of us.

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September 2014 | RES GESTAE

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On the Bench Hon. Charles A. Davis, Jr. “My staff attorneys accuse me of sounding like a teacher,” said Second DCA Chief Judge Charles Davis. There might be some habits left over from his first career, in which he taught seventh grade geography in the Polk public schools. “I loved it,” he recalled. “I got out of college, got my master’s, and my intention was to eventually teach at the college level.”

He will likely make good on that intention upon retiring in the spring. A constitutional history course during his graduate studies led him to law school. He never did resume his PhD track to fulfill his teacherly ambitions, but there have been plenty of opportunities to educate along the way.

At the Appellate Law Practice Section meeting on September 4, for instance, Judge Davis, along with two of his staff attorneys, Karen Rossi and Sarah Corbett, will elucidate the “Mystery of the Backroom” during a CLE presentation subtitled “How the Second District Court of Appeal Really Operates.”

He looks forward to dispelling misconceptions. Popular ones include: All the appeals court judges do is sign the opinions the attorneys draft; Nobody really reads all those briefs; Oral argument doesn’t really make a difference; Per curiam affirmances are sometimes made without a full exploration of the issues. Finally, there is the vexing refrain: “Why don’t you write more?”“I tell people in jest I’m over in the ivory tower where the air is thin and you can tell it from the quality of my opinions.” Judge Davis said he’d enjoy the luxury of writing for at least a few of the instances where the trial judge got it right. However, if there’s already case law out there, there is not much of a need to write anything. Besides, with the volume of cases, efficiency is key to justice.

Judge Davis acknowledges a silo effect exists between the appeals court and trial court communities. “I do think maybe as they understand that these are judges with personalities, the opinion is more meaningful than an epistle from the mountaintop.”

The judge has served on the Board of Trustees for Trevecca Nazarene University since 1980. His two sons also graduated from that institution. He has four grandchildren, and is often busy attending soccer games in Winter Haven.

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RES GESTAE | September 2014

From the Bar Stacy L. Sherman, Esq. Stacy Sherman splits her time between two practice areas that allow her to enjoy varying degrees of collaboration and reclusion. “Probate administration is supposed to be a transparent process, requiring the personal representative, beneficiaries, court and others to work together,” she explained. “On the other hand, the appellate process is an academic and potentially solitary one, requiring me to analyze the record and the current law and prepare a writing that is anything but brief.”

In both areas, a major reward is helping clients through an often difficult and potentially overwhelming process. A challenge is managing client perception, specifically “making sure that ‘attorney’ is not synonymous with ‘miracle worker.’”

Sherman was raised in Maryland, and attended Washington College in Chestertown, MD and the University of Baltimore School of Law in Baltimore. As a young child, she wanted to be an over-the-road truck driver. As with anything she does, she’s in it for the long haul. Take, for instance, a domiciliary probate administration she worked on early in her career that had a lot of “neat twists,” as she characterizes them, whereas another kind of person would employ euphemism – and understandably so. “I communicated with the Israeli Embassy on different assets, worked with attorneys in three other states regarding ancillary assets, researched whether a particular entity qualified as a 501(c)(3), helped wind-up a pharmacy and prepared a complicated estate tax return, just to name five of those twists.” She said the exposure to the variety of issues was captivating.

Research and writing represent major interests for Sherman, and she provides fellow attorneys with help in those areas, along with various kinds of litigation support. She’s also actively involved with the Lee County Bar Association’s increasingly active Appellate Law Section.

She has even partnered with that section’s Chairperson to craft an in-depth three-part series for this magazine on preserving error in that misnomer that is a brief. She confirmed that, under Margaret White-Small’s leadership, the Appellate Law Section has generated more interest and energy from LCBA’s membership and done a fantastic job obtaining speakers with interesting discussion topics.

Sherman recently married fellow attorney Tracy Haverfield. In her spare time, she enjoys traveling, visiting with friends and family and, most recently, learning German.

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UNLOCKING THE MYSTERIES OF BAR LEADERSHIP The LCBA was pleased to win the bid to host The Florida Bar Association’s Voluntary Bar Leadership Conference in Bonita Springs this year. Leadership and staff from more than 250 voluntary bar associations across Florida attend the annual conference, and this year’s three-day event offered a wealth of informative sessions, networking opportunities and plenty of fun. This memorable weekend required the coordination of many dedicated people working together. To our Executive Council and staff, and to the folks at The Florida Bar, we offer a heartfelt thank you. A debt of gratitude is also due to Fort Myers Mayor Randy Henderson for gamely accepting our invitation to welcome the attendees to Lee County. The LCBA is proud to have partnered with The Florida Bar to help voluntary bar associations just like us learn to reach their true potential and serve their membership in bigger and better ways.

President Jo hn D. Agnew offered ope greetings ning

ndrizal, d by Dan E te n se re p d with ell re ood, picture rship was w tw e A d a tt o le c A S B d LC er an w, Kelly Fay John Agne on rs e d dy Han Mayor Ran

now anted to k w s y a lw a you e afraid to r e w t Everything u b , leadership sk! about bar know to a n e v e ’t n id ask – or d Dan Endrizal and LCBA Member at Large Poulin were among the Executive Assistant Lisa appreciative crowd

Florida Bar President Gregory Coleman, Voluntary Bar Conference Chair Sarah Cortvriend and Voluntary Bar Liaison Committee Chair Dan Zuniga share a laugh

For every pro bono case I take, I undermine one more attorney joke!

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RES GESTAE | September 2014

Fort Myers Mayor Ra ndall Henderson, Jr. and Florida Bar President Gregory Coleman

r association What can your ba out board do to grow standmembers?

ALL, UT FROM P IN W O L *AL E! FROM NON N IO T A IN M DO

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Nora Riva Bergman’s keynote ad a real pun dre ch

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Photos courtesy of Julie Renner Photography©

September 2014 | RES GESTAE

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Legal Briefs Berkey reelected to Connect Florida Board of Governors Kathleen Oppenheimer Berkey was reelected to the Connect Florida Board of Governors as the Southwest Regional Chair. A land use, zoning, and local government attorney and certified land planner with Pavese Law Firm, she will continue to sit as the fifth ad-hoc member of the Leadership Florida Southwest Regional Council. Berkey is a graduate of the Connect Florida Statewide Leadership Institute’s Class III. The overall goal of the Statewide Leadership Institute is to be a portal for young professionals to develop the skills they need to enhance their potential as future leaders regionally and statewide.

The Connect Florida Board of Governors will work to create and maintain an environment where young professionals from around the state can interact with each other, learn vital leadership skills, educate themselves on issues impacting their communities, and engage in the future of Florida.

Lile presents on Supreme Court-mandated guidelines Laird A. Lile, a board-certified wills, trusts and estates attorney in Naples, presented during the 34th Annual Legislative and Case Law Update Seminar for members of The Florida Bar’s Real Property, Probate & Trust Law Section recently held in Palm Beach. His presentation, “Doing Things the E(asy) (?) Way,” provided updates regarding the implementation of Florida Supreme Court-mandated guidelines for E-Filing and E-service and reviewed recent legislation impacting e-publication in court proceedings.

Lile was appointed by the chief justice to a second three-year term on the Supreme Court’s Florida Courts Technology Commission, which is overseeing the technological overhaul of the state’s courts.

An elected member of the Board of Governors for The Florida Bar, Lile is past chair of the Bar’s 9,000-member Real Property, Probate & Trust Law Section.

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RES GESTAE | September 2014

JONES, HABER & ROLLINGS, PL F/K/A Warchol, Merchant & Rollings, LLP www.WMRLawOffice.com 1633 SE 47th Terrace • Cape Coral, FL 33904

Legal Briefs Mancini elected to Bonita Springs Area Chamber board Richard Mancini was elected to the Bonita Springs Area Chamber of Commerce Board of Directors. An attorney in the Bonita Springs office of Henderson, Franklin, Starnes & Holt, P.A., Mancini concentrates in the areas of commercial litigation, banking/financial institutions, and mediation and arbitration.

He represents clients in complex business disputes, contract disputes, landlord/tenant disputes, insurance/annuity disputes, as well as real estate litigation and foreclosures. Mancini also handles contested estate and trust matters, and breach of fiduciary duty litigation, and represents beneficiaries of estates and trusts.

He is the immediate past chairman of the Bonita Springs/Estero Economic Development Council and is currently serving on its Board of Directors as secretary.

The United States Chamber of Commerce awarded the Bonita Springs Chamber with “Five-Star Accreditation,” an honor bestowed on chambers that support pro-growth and economic policies.

Doggett earns new clerk certification Lee County Clerk of Court Linda Doggett recently completed 240 hours of initial New Clerk training to earn the FCCC Clerk Certification. Clerks are required to have 240 hours of training for the initial certification. Thereafter, clerks are required to attend 36 additional hours per year to maintain their certification. The training includes six, 40-hour weeks of training, with topics including technology, finance, administration, records, courts and other clerk-related material. A wide variety of experienced speakers and presenters were provided during the extensive training.

The Florida Court Clerks & Comptrollers, established in 1969, is a statewide, non-profit member association. The association is comprised of the Florida Clerks of the Circuit Court and Comptrollers.

The association provides education and accreditation for Clerks of the Court and Comptrollers, information and technical assistance to local governments.

September 2014 | RES GESTAE

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Legal Briefs Morgan presents at two conferences Roetzel Partner Jack C. Morgan recently spoke at two conferences.

At the Environmental Permitting Summer School, held at the Marco Island Marriot, Morgan discussed the legal pros and cons of accreditation as an ISO 1400 company. ISO standards have been designed to assist organizations worldwide in managing their environmental requirements and in ensuring that their environmental policies and practices conform with their missions and goals.

The Chemical Spill Certification School was held in Key West, and featured discussions on a wide range of topics to help participants from agricultural and heavy industrial businesses throughout Florida earn certification in the handling of chemical spills. Morgan addressed OSHA administrative processes from citation through litigation to end of trial.

Morgan’s legal experience includes OSHA compliance litigation and matters involving state and federal administrative proceedings.

Pizzolato included among Preeminent Women Lawyers Barbara M. Pizzolato has been selected for inclusion in the 2014 Edition of the Martindale-Hubbell Bar Register of Preeminent Women Lawyers. This recognition places Pizzolato among the top 5% of female attorneys in the country. Only those who have received the highest possible rating in both legal ability and ethical standards from their peers receive this honor.

Pizzolato has more than 27 years of legal experience. She primarily represents clients in Florida in estate planning, probate and trust administration matters, but she also serves as an advocate for clients with business planning needs. She has represented clients in various areas of litigation, business law, landlord-tenant, and real estate matters and has worked closely with individuals and companies to advise and assist with complex business and employment matters. Her main office is located in Fort Myers, and she is also licensed to practice law in New Jersey, New York and Connecticut.

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South Fort Myers: 6213 Presidential Court, Suite 100 • Fort Myers, FL 33919 Downtown: 2022 Hendry Street, Suite 104 • Fort Myers, FL 33901 40

RES GESTAE | September 2014

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2121 West First Street • Fort Myers, Florida 33901 September 2014 | RES GESTAE

41

CELEBRATING 90 YEARS: 1924 – 2014

When it comes to mediation and arbitration, we understand.

Meet the Henderson Franklin attorneys ready to help:

David L. Cook Florida Bar Board Certified Real Estate Lawyer Supreme Court Certified Circuit Civil Mediator

L. David Sims Florida Bar Board Certified Marital and Family Lawyer Certified Family Mediator

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Supreme Court Certified Circuit Civil Mediator FINRA Certified Arbitrator

Florida Bar Board Certified Civil Trial Lawyer Supreme Court Certified Circuit Civil Mediator

G. Donald Thomson

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Supreme Court Certified Circuit Civil Mediator

Supreme Court Certified Circuit Civil Mediator

These Martindale Hubbell AV-Rated lawyers are skilled in negotiation and mediation, and in representing our clients in binding and nonbinding arbitration in matters of: • Circuit Court Mediation • Commercial and Civil Litigation, including Personal Injury • Construction Law Disputes • Corporate Partnership Disputes • Employment Law and Civil Rights Disputes

• Family Law Mediation • Financial Industry Regulatory Authority Arbitration • Real Estate, including Homeowner and Condominium Associations • Securities and Investment Dispute Mediation

Adapting. Changing. Moving forward. henlaw.com • 239.344.1100 Fort Myers • Bonita Springs • Sanibel • Naples* ©2014 Henderson Franklin Starnes & Holt, P.A.

42

RES GESTAE | September 2014

* By appointment only

the Lee County Bar Association’s

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

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