TESTING THE NEW NORMAL AS SCHOOLS OPEN
Q&A on Impact Investing
THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • SEPT 2020
contents on the cover
20
ad directory
Back to school: rewards, risks and legal unknowns Tom Hayden
special feature
28
Judge Gagliardi earns Jurist of the Year award
20
Tiffany Pereira, Esq.
departments 6 Letter from the President
24 Legal Lens
8 Letter from the Executive
26 Guest Attorney Column
Matt Roepstorff, Esq.
Director
Lauren Baugh
10 Calendar of Events 12 Ethically Speaking
Henry Lee Paul, Esq.
14 Practice Section
Family Law
Christina Holly, Esq. & Mellany Marquez-Kelly, Esq.
16 YLD Spotlight
Katherine Cook, Esq. & Katherine Camadeco, Esq.
18 Advertiser's Spotlight
Markham Norton Mosteller Wright & Company, P.A.
Flashback to 2016 Q&A with Sarah Owen Indera DeMine, Esq.
30 The Dish
The Lucky Screw Spencer Cordell, Esq.
32 New Members 35 100 Club 34 5 Things You Don't Know
About Me
Katie Valdez
36 5 Things You Don't Know
About Me
Kayla Richmond Miller, Esq.
38 In The News
Alma B Photography 17 Barbara Pizzolato 19 Boy, Agnew, Potanovic 19 Business Observer 13 Calvo & Calvo Attorneys at Law 29 CONRIC PR & Marketing 29 CopyLady IFC DeMine Immigration Law Firm 35 Denise Kennedy 17 Direct Impressions 37 Donna Tisch 36 Edison National Bank BC Frank Piazza, P.A. 15 Henderson, Franklin, Starnes & Holt, P.A. 11 Hurtado Immigration Law Firm IBC Law Firm of Scott T. Moorey 38 Law Offices of Dennis L. Webb 32 Law Offices of Dennis L. Webb,Justin Hales, Esq. 15 Leonard P. Reina 29 Livingston Loeffler, P.A. 17 Markham Norton Mosteller Wright & Company PA 33 McHale, P.A. 37 McHale Properties Co. 19 Men's Rights Law Firm 33 Morgan & Morgan 7 Musca Law Office, Inc. 3 Pulse Technology Solutions 9 REAS, Real Estate Advisory Services, LLC 15 Roetzel & Andress 34 Sexto Productions 37 Sheldon E. Finman, P.A. 11 Spivey Law Firm Personal Injury Attorneys, P.A. 5 Sproat Workplace Investigations 18 Steve Niehaus, Edison Business Advisors 9 Stockman Mediation 13 The North Law Firm, P.A. 13 Wright Mediation 9
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president's letter This time of year, we normally find ourselves celebrating such events as Labor Day pool parties, family reunions, the kickoff of the college football season and sending kids back to school. Stop me if you’ve heard this before, but 2020 is anything but normal.
LEE COUNTY BAR ASSOCIATION administration
Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo
executive council
Most likely, we will now be watching sporting events at home with nearempty stadiums, planning “staycations” rather than boarding planes for family trips and continuing to adjust our social habits for the fall season. I’m still hopeful for our “Trick-or-Treaters” in October. However, there is a reason for optimism. For parents and guardians, educating your child can be one of the most impactful and personal decisions for your family. With the spread of COVID-19, the decisions on how best to provide for your child’s education have become even more complicated. Recognizing the difficult choices parents and guardians must make, the School District of Lee County formulated a plan to ensure each parent or guardian has a choice and multiple options for both protecting their child’s health and offering the best educational resources available. We are thankful for the diligent work and effort of the district. Given the unusual circumstances of this school year, many questions still remain.
TREASURER
Tiffany Pereira, Esq.
BOARD MEMBERS
Michael-Anthony Pica, Esq. John Miller, Esq.
committee chairs BENCH-BAR GALA
LAW RELATED EDUCATION
Danielle Butler, Esq.
T. Rankin Terry, Esq.
DIVERSITY AND INCLUSION
LAW WEEK
Ita Neymotin, Esq. and Kelly L. Fayer, Esq.
Hon. John S. Carlin
HEALTH AND WELLNESS
LCBA FOUNDATION CHARITY GOLF TOURNAMENT
John Miller, Esq. and Joel Hyatt, Esq.
Shannon Puopolo, Esq. and Kenneth A. Jones, Esq.
HISTORY
MOCK TRIAL
Jenna Persons, Esq. and E. Bruce Strayhorn, Esq.
Shaina Zuppke, Esq. and Eunice Gedeon, Esq. PRO BONO
Shanthy Balachanthiran, Esq.
practice section chairs ALTERNATIVE DISPUTE RESOLUTION
Anne Dalton, Esq. and Bill Merchant, Esq.
LAND USE AND GOVERNMENTAL LAW
Alex Brockmeyer, Esq. and Matthew Irwin, Esq.
Erica Woods, Esq. and Sarah Spector, Esq.
CRIMINAL LAW
REAL PROPERTY, PROBATE AND TRUST LAW
ELDER LAW
Blake Hampton, Esq. and Amy McGarry, Esq. FAMILY LAW
Christina Holly, Esq. and Mellany Marquez-Kelly, Esq. GENERAL CIVIL AND BUSINESS LITIGATION
George Knott, Esq. and Carlos Kelly, Esq.
Leebar.org
IMMIGRATION LAW
Indera DeMine, Esq. and Nirupa Netram, Esq.
APPELLATE LAW
Leah Harwood, Esq. and Kathleen Fitzgeorge, Esq.
Matt Roepstorff, Esq. matt.roepstorff@gray-robinson.com | 239.340.7936 RES GESTAE
VICE PRESIDENT
Blake Hampton, Esq.
Spencer Cordell, Esq. Peter Knize, Esq.
It is with great disappointment that we must cancel our annual LCBA Bench-Bar Gala. While we all enjoy the in-person connections and fun of celebrating the year’s advancements, it simply is neither advisable nor feasible to host a large in-person gathering. Our executive counsel and gala event chair explored all options and opportunities, but rightfully concluded the safety of our members must take precedence over a live event for this year.
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SECRETARY
Kathy Smith, Esq.
YLD President - Tiffany Pereira, Esq. President Emeritus - John Webb, Esq.
True to our mission, the Lee County Bar Association serves as a platform to provide essential information to our members and the public. This past month, we were proud to invite and host the School District of Lee County Board Vice Chair Chris Patricca as she outlined the options for reopening schools, the choices for parents and guardians and the process behind developing the plan. Patricca delivered a full-scale presentation with detailed instructions, options and protocols for keeping our children safe while advancing their education and learning. We are extremely grateful for Patricca’s time and willingness to provide our members and community with this information.
We continue to look forward to the day where we can all safely come together in-person and in fellowship with one another. Until that time, we appreciate everyone’s patience and understanding. Thank you and stay safe.
PRESIDENT
Matt Roepstorff, Esq.
Kenneth Kemp, Esq., Jennifer Hammond, Esq. and Peter Knize, J.D., L.L.M. SOLO & SMALL FIRM
Conor Foley, Esq. TORT LITIGATION
Dawn Maselli, Esq.
executive director's letter Happy September! You will notice our calendar for September is pretty jam-packed. With so many restrictions on in-person events, we have taken many steps to make sure we have as many virtual options as we can.
The official award-winning publication of the Lee County Bar Association, which serves citizens and the legal community since 1949.
239.334.0047 resgestae@leebar.org
staff
It seems everyone is moving towards a virtual model for most things and although we miss the handshakes, hugs, fist bumps and pats on the backs, we love seeing everyone via Zoom. We have some great virtual events lined up for September.
PUBLISHER
Connie Ramos-Williams | 239.690.9840 Ext. 1001
EDITOR-IN-LAW
Tiffany Pereira, Esq.
MANAGING EDITOR Tom Hayden
CREATIVE DIRECTOR
We have a virtual members meeting on E-filing how-tos with Lee County Clerk of Court Linda Doggett and Clerk Chief Officer Kevin Karnes. That event is followed by a RPPTL section meeting with Craig Hersch on how commoditization of our practices creates an oppressive business model. There also is a pro bono committee virtual CLE meeting with Professor Francine Lipman on institutionalized racism. Our new Immigration Law Section is hosting its kickoff and CLE with Adonia Simpson on the topic of how immigration impacts other practice sections. There is a virtual program where we have partnered with the 20th Judicial Circuit administration. YLD is hosting a Zoom CLE with PJ Scheiner on best practices for Zoom. Interpreter specialist Leon Fontava will go over new virtual translation procedures and protocol in another virtual event.
April Bordeaux
ADVERTISING DIRECTOR
Linda Fiore | 239.690.9840 Ext. 1006
FEATURE WRITER Tom Hayden
CONTRIBUTING WRITERS Matt Roepstorff, Esq. Lauren Baugh Henry Lee Paul, Esq. Christina Holly, Esq. Mellany Marquez-Kelly, Esq. Katherine Cook, Esq. Katherine Camadeco, Esq. Indera DeMine, Esq. Tiffany Pereira, Esq. Spencer Cordell, Esq. Katie Valdez Kayla Richmond Miller, Esq.
In October, we annually have our Pro Bono Awards and this year is no exception. We have sent out nomination forms to everyone. We encourage you to send your nominations in so we can recognize and give credit to those pro bono superstars who so deserve it. Our board, gala chair and I met to discuss the Bench-Bar Gala for this year and it was with a heavy heart and much deliberation we have unanimously decided to cancel this event for 2020. It was by no means an easy decision but the safety of our members, sponsors and judiciary were at the forefront of our minds when this decision was made. We look forward to our 2021 Bench-Bar Gala. It will be amazing. Our Legal Lens pages in Res Gestae have always been a popular feature. With most of our live events postponed or cancelled, we thought it might be fun to look back at past events featured in Legal Lens. That new feature starts in this edition of the magazine on page 24. As always, I welcome programming ideas. If you have a CLE idea, please email me at Lbaugh@leebar.org. Remember to like our Facebook page, so you can stay informed on what we are planning next. Stay safe and take care.
CONTRIBUTING PHOTOGRAPHER Jim Jett Photography
BILLING INQUIRIES 239.334.0047
Res Gestae is an award-winning magazine published monthly by CONRIC PR & Marketing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to resgestae@leebar.org. We make every effort to ensure the accuracy of the information published, but we cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae or CONRIC PR & Marketing. Copyright©2020 Lee County Bar Association Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission from the Lee County Bar Association. To inquire about such permission, please contact the Lee County Bar Association at info@LeeBar.org.
Lauren Baugh, Executive Director LBaugh@leebar.org | 239.334.0047 Ext. 102
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calendar of events Dates of some practice section meetings have not been confirmed. Check LeeBar.org for details!
September
4
LCBA Virtual Meeting & CLE
Noon to 1 p.m. Speaker: Linda Doggett, Lee County Clerk of Courts and Comptroller; and Kevin Karnes. Topic: E-Filing Orders: What Judiciary want to see and how to file them
11
24
LCBA Pro Bono Committee Virtual Meeting & CLE
Noon to 1 p.m. Speaker: Professor Francine Lipman. Topic: Audited - Institutionalized Racism
25 & CLE
RPPTL Virtual Meeting
Noon to 1 p.m. Speaker: Craig Hersch, Esq. Topic: How commoditization of our practices creates an oppressive business model
17
YLD Virtual Meeting & CLE
Noon to 1 p.m. Speaker: PJ Scheiner, Esq. Topic: Best Practices while using Zoom and other tech meeting platforms
18
LCBA Immigration Law Section Virtual Kickoff & CLE
Noon to 1 p.m. Speaker: Adonia Simpson, Esq. Topic: SWFL Immigration Updates: Immigration impact on other practice areas
LCBA Virtual Member Meeting
Noon to 1 p.m. Speaker: Leon Fontova, Certified Court Interpreter. Topic: Virtual Court Interpreter Procedures, Protocol and Suggestions
Upcoming Events October
16
LCBA Pro Bono Awards Virtual Luncheon
Noon to 1 p.m. Join us via zoom to acknowledge and celebrate the Pro Bono Superstars in our legal community
December
10
LCBA Member Holiday Party
NOW ACCEPTING NOMINATIONS Lee County Bar Association 2021 - 22 Executive Council Member-at-Large
Complete an electronic nomination form at Leebar.org. Candidate nominations will be accepted until close of business day Tuesday, September 15, 2020. Ballots will be mailed by Thursday, October 15, 2020 Voting closes Monday, November 16, 2020 at 5:00 p.m.
Visit us online at LeeBar.org to see more calendar items and RSVP for upcoming events. Would you like to submit an event? Email your event submission to ResGestae@LeeBar.org.
Thank You to Our 2020 Annual Sponsors
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ethically speaking
The Florida Bar adopts standards for imposing lawyer sanctions
by henry lee paul, esq.
T
he Florida Bar has made a major revision to Florida’s standards for Imposing Lawyer Sanctions. In 1986, The Florida Bar adopted the standards developed by the American Bar Association. They were intended to provide a format to be considered in the imposition of discipline and to provide consistency in lawyer discipline throughout the United States. Since their adoption, the standards have been relied on by all participants in the disciplinary system as the first step in making a thorough analysis of an appropriate sanction. In this process, the standards directed that the following factors be considered: duties violated, the lawyer’s mental state, the potential or actual injury caused by the lawyer’s misconduct and the existence of aggravating or mitigating circumstances. The ABA standards include extensive citation of case law from throughout the country. The previous standards applied these factors to 14 different specific types of lawyer misconduct and provided a framework to determine the appropriate sanction: disbarment, suspension, public reprimand or admonishment. The
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Florida Supreme Court has relied on this framework and extensively referenced the standards in their opinions. The recent revision has generally retained the overall framework of the previous standards. The most significant change is the cited authorities are no longer from all jurisdictions. The Bar is to be applauded for compiling a comprehensive collection for Florida case law on sanctions. The authorities cited are weighted heavily to more recent cases, which is understandable in light of the fact the Supreme Court has frequently acknowledged that it has tended to impose more severe discipline in recent times and that older case law often lacks meaningful precedential value. In addition to providing a framework for the imposition of an appropriate lawyer sanction, the revised version of the standards can be helpful to any lawyer who seeks guidance on whether a particular type of conduct is a violation of The Rules Regulating The Florida Bar. Each cited case not only provides a discussion of the appropriate sanction, it also provides a discussion of the misconduct in relation to the Rules. A lawyer with a question about the Leebar.org
appropriateness of anticipated conduct would be well served to review the applicable specific category of the 14 categories of misconduct. The cited case law is an invaluable resource to provide guidance on how the Supreme Court has applied the Rules. As noted in The Florida Bar v. Machin, 635 So. 2d 938 (Fla. 1994), “When confronted with possible ethical conflicts, it is the lawyer’s obligation to look to the rules of professional conduct and discipline for guidance. While it always may not be clear that a specific course of conduct is proscribed by the rules, an attorney must use sound judgment in applying these ethical standards to a given set of facts.” The revised standards are now a great resource in finding relevant Florida case law to give guidance to members of The Florida Bar.
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practice section: family law
Guide to Zoom hearings, trials with Lee County’s family law judges by christine holly, esq. and mellany marquez-kelly, esq.
O
ur purpose is to highlight some of our family law judges’ Zoom procedures and practice tips for family law hearings and trials. For a complete guide to each judge’s procedures, please be sure to visit each judge’s website on the Twentieth Judicial Circuit webpage (ca.cjis20.org).
General tips from all judges: If possible, use WiFi for each participant’s connection rather than cellular data plans. If internet connection is unstable, have a telephone nearby to be able to call in to the proceedings. Overestimate the time needed for an inperson event. Often, these events can run longer than the time originally assigned. If interpreters are needed, be sure to include extra time in your estimate for translation. If a judge requires that exhibits be filed with the clerk, file the entire trial notebook as one document unless the maximum page count is exceeded. In that case, the notebook can be filed in separate parts. Children shall not be present during any proceedings. Children shall not be able to hear anything occurring during the proceedings. This is an evolving experiment for all of us. Be sure to check the website for each judge for current information.
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Submission of exhibits: Judge Hawthorne: Provide to opposing counsel 10 days before a trial. File with the clerk five days prior to trial. No need to provide the judge with a hard copy. Index should have page numbers. Judge Adams: Exchange exhibits with opposing counsel 10 days before a trial and five days before any other matters. File with the clerk at least 72 hours before the event and deliver a hard copy to the judge no later than 48 hours before the event. Judge Carlin: For trial, provide hard copies to judge by mail 10 days prior to docket sounding. For hearings and trials with no docket sounding, provide copies to the judge and opposing counsel 10 days before the date of the event. Judge Porter: Provide hard copy to Judge, exchange with opposing counsel and file with the clerk at least 5 days before event. Judge Schreiber: Provide hard copy to the judge by mail five business days before the event. Exchange with opposing counsel and file with the clerk five business days before the event. Zoom meeting invitations/hearing information: Judge Hawthorne: Meeting ID is delivered by the judge’s office on the Monday before the event.
Leebar.org
Judge Adams: After the event is set, contact Courtscribes at scheduling@ courtscribes.com or (833) 727-4237. Courtscribes will provide a meeting invitation. If you would like to add a motion to a hearing time already set by opposing counsel, you must contact opposing counsel directly and ask if your motion can be included before contacting the judge’s office to schedule. Do not copy the judge’s office on email exchanges between counsel. Judge Carlin: Meeting ID is sent by email from the judge’s office a week before the event. Witnesses, including parties, will be required to present a photo identification. Judge Porter: Meeting ID is on the judge’s website for all events. Judge Schreiber: Meeting ID is sent by the judge’s office 7-10 days before the event.
Christina Holly, Esq. is co-chair of the Family Law Section of the Lee County Bar Association. Holly is managing attorney at the Law Office of Christina L. Holly, P.L. and can be reached at 239.362.3700 or christina@ christinahollylaw.com Mellany Marquez-Kelly, Esq., is co-chair of the Family Law Section of the Lee County Bar Association. Marquez-Kelly founded Marquez-Kelly Law in 2013. She can be reached at 239.214.0403 or mellanymarquezkellylaw.com
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YLD spotlight
Two members of the LCBA’s Young Lawyers Division describe their first years as attorneys by katherine cook, esq.
by katherine camadeco, esq.
This month marks the completion of my first year practicing law. I bet you remember your first year. It was probably full of of Outlook calendar invites, Zoom meetings, telephonic hearings and learning everything you possibly could about virtual notary services. Ok, so maybe that was just my first year. Last fall, I joined Henderson, Franklin, Starnes & Holt in its business litigation department. I have been fortunate to learn from and work alongside many brilliant people at Henderson Franklin. My first half of the year was probably much like your first year: getting sworn in, attending YLD happy hours, signing up for free CLEs and getting lost in the Lee County Courthouse on my way to my first hearing (ok, maybe that was just me again). Then, March came. I assume Shakespeare was foreshadowing this worldwide pandemic when he wrote “beware the Ides of March,” but I digress. I began working from home. My children stopped going to school. Courts shut down or went virtual. My concern of getting lost in the maze of the Lee County Courthouse changed to my obsessive checking that the Zoom link was copied and pasted correctly to my calendar. My worry that I would be late to work after dropping off my kids the moment the school opened changed to worrying about my kids screaming in the background of a call with a partner, or worse, a judge. My fear of not having everything I needed for a court hearing changed to my fear the internet would go out at any moment. I had been warned my first year would be quite a learning curve and even a pandemic did not change that. In fact, the pandemic made me realize every year of being an attorney will be a learning curve. Regardless of whether you have been an attorney for 30 years and now have to learn how to share your screen in a Zoom mediation or you have been an attorney for just a few months and need to make sure you follow all the steps to allow for substitute service on a defendant. I chose this profession to constantly be challenged and learn new things. In my years ahead, I may not be filled with bated breath waiting to see what new executive order has been issued, but I have no doubt that technology and the law will constantly be changing. No case is the same, and right now, no day is the same. I always will be eager to learn and conquer the next challenge placed in front of me.
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My first year of practice was just as Katie described – getting sworn in, attending YLD happy hours, signing up for free CLEs and getting lost in the Lee County Courthouse. I had the pleasure of getting to know the court staff and bailiffs, introductions to Lee County Bar members in the hallways of the courthouse and the opportunity to persuasively argue in front of judges and magistrates. Into my second year of practice and I felt like I was finally hitting my stride (at least at this point I could find Courtroom 4Q). And then March 2020 and the COVID-19 pandemic. I went from daycare and work to the playroom and home office. But the change of scenery was not the only change. I went from in-person depositions to Zoom depositions, from trial binders to electronic exhibits, from passing mediation agreements back and forth between break out rooms to circulating via email and from sitting next to my client at hearings to seeing them in a box next to me on Zoom. It has been a period of adjustment for all. From initial contact with a potential client in preparing for court appearances, technology has allowed our profession to be adaptive to the times. It has allowed attorneys and staff to work remotely, judges to safely conduct hearings from the bench and kept our clients safe at home with their loved ones while still being able to access the legal system. As with any change there comes challenges: internet connectivity trouble, getting your client to unmute themselves and the dreaded Zoom backgrounds. With these challenges has come opportunity for growth. They have forced attorneys to sharpen their craft and refine their arguments as they have had to rise to the occasion of advocating their clients’ position via technology, which does not necessarily allow for anything superfluous. I yearn for the days of roaming the halls of the courthouse. But this experience has reminded me of the value of being adaptable. When we creatively adapt to the changing times there is room for growth and endless possibilities. In a profession that many people see as slow to change, this experience has demonstrated that we can rise to the occasion and continue to serve our clients’ and our communities’ legal needs. Katherine Cook is an attorney with Henderson, Franklin, Starnes & Holt. Katherine Camadeco is an attorney with the Camedeco Law Group.
Leebar.org
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Back to School: Risks, Rewards and Legal Unknowns
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Leebar.org
by tom hayden
A
school year like no other began in Lee County recently with many unknowns, especially for the legal community and how it might handle potential liabilities developing from the coronavirus pandemic. The School District of Lee County, working off a mandate from the Florida Governor’s office to open schools, created a plan with the health and safety of students, staff and parents as the primary priority as learning resumed with inperson classes and virtual learning for over 92,000 students. Litigation attorney Richard Akin, a stockholder with Henderson, Franklin, Starnes & Holt, P.A., advises several school boards in the state, including Lee County’s, but he is aware there are many unknowns with the doors now open. “This is such an underdeveloped area of the law with negligent rules,” he said, himself a father with three children, two of them school-age. “There is a duty to supervise students under Florida law and was that duty met?” Supervising students and making sure all appropriate health and safety protocols are met will be especially difficult during these unprecedented times. Masks will be required most of the time during in-person learning for students, teachers and staff, except, of course, during lunch periods. Social distancing will be required not only in the classroom but also in the hallways and during other activities, like physical education. There will be staggered starts to school times and buses unloaded one at a time to prevent large gatherings of students. Despite a recommendation by the Florida Chapter of the American Academy of Pediatrics (FCAAP), the district was not requiring temperature checks of students before they entered schools. There were extra precautions put in place for breakfast and lunch. Only grab-andgo food will be available for breakfast and only boxed food for lunches. The old
buffet-style where students line up for food is gone, as is the salad bar. There are those who argue returning children to the classroom puts too many people at risk even with all the extra precautions. Lawsuits were filed to stop the schools from opening. Legal questions remain: What are the liabilities for the school district should a child or staff member test positive for COVID-19 and become ill? How would you prove the child actually got the disease in school because of all the other outside influences?
The focus is the importance of communication and making sure people are informed every day because something always changes.
— Christian Engelhart Cape Coral High School Principal
Attorneys are asking similar questions. “What is the protocol for kids or teachers if they are showing symptoms,” LCBA president Matt Roepstorff said. “How often are children going to be tested if they are not showing symptoms and if they come into the classroom? If teachers don’t want to come back, can they still draw a salary? There are a lot of topics to explore." The district is not requiring all children be tested before they enter the classroom. Negotiations are continuing with union representatives on teachers who don’t want to return to the classroom and what virtual options are available to them. Teachers, who have challenges that fall under the Americans with Disabilities Act, will likely have the first choice to teach remotely. A district task force is currently working on the protocol to follow should a child test positive for COVID-19 and the requirements for other students who came September 2020
in contact with that person. From a legal standpoint, the district certainly does not have all the answers at this point, but it is continuing to develop solutions for every type of scenario. “We have been hearing from human resources in regard to worker’s comp and it will be awfully difficult for employees to prove they contracted COVID in one of our buildings,” Chris Patricca, Lee County School Board, Vice Chairman said. “The general liability for a visitor, parent or any other stakeholder, the difficulties of proof are huge.” Akin agreed: “This is such a huge hurdle. The first thing you would have to prove is blame on the school district. So much goes into it. Kids get sick in any number of places.” Plus, the school district also provided the choices to parents on whether they wanted their children to return to inperson learning, continue to participate in virtual formats or to be homeschooled. Each parent was asked to fill out a survey for their children on which option best worked for their situation. That survey, completed for 77,212 students last month, showed 58 percent of parents opted for one of the virtual learning formats, while 41 percent opted for inperson schooling. The parents of another 8,000 students did not respond to the survey and were to be contacted by each of the schools where their children were enrolled to determine their choice. If there was no response, those students were automatically placed into the in-person model. The various charter schools that follow certain guidelines under the school district account for another 8,000 students. Each of those schools delivered their reopening plans to the district and were accepted. The state did approve the district’s plan for reopening. Cape Coral High School Principal Christian Engelhart said his team spent RES GESTAE
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the first week of August contacting parents who had not responded to the survey to determine their choices. Closed schools at the end of the last school year and more virtual learners through this school year can put an enormous amount of stress on working families who are trying to juggle education and their jobs at the same time. Engelhart knows the difficulties placed on parents and also the importance of in-person learning. “There’s definitely a big difference in what kids get in school and working with other kids,” said Engelhart, whose number of students wanting to return to the classroom was actually higher than the school district survey results. The key for him, his staff and the district will be higher levels of communication than ever before to make sure all health and safety procedures are followed. “The focus is the importance of communication and making sure people are informed
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every day because something always changes.”
against their safety and our teachers’ work is not pitted against their safety.”
The legal landscape is changing rapidly as well. Florida attorneys are offering free or discounted living wills for teachers returning to the classroom, following a similar practice of offering those wills to first responders. A St. Petersburg law firm recently advertised about living wills—a document offering legal instructions for a person’s choice of medical care if they are unable to make the choice—and received over 600 inquiries.
Gov. Ron DeSantis has supported the virtual education option for students, as well as for high-risk or pregnant teachers and staff.
Two lawsuits also were filed by Orange County teachers and the Florida Education Association calling for judges to issue injunctions and stop the state’s in-person instruction mandate. American Federation of Teachers President Randi Weingarten said in a recent report: “Someone has to make sure that our kids’ education is not pitted Leebar.org
“They absolutely need to be given the option, maybe they teach or work virtually, maybe they take a sabbatical, but those folks who are higher risk you absolutely need to have accommodations for,” DeSantis said in recent reports. The Center for Disease Control provided some statistical security for schools as they developed reopening plans. Its guidelines have included numbers that less than 7 percent of reported COVID-19 cases and less than 0.1 percent of deaths are linked to children under 18 years old, according to July reports. According to a recent poll released by the National Association of Secondary School
Principals, a third of U.S. principals were confident in their school’s ability to open safely and “preserve the health of staff and students.” “A principal’s primary and foundational duty is to keep students safe in school. Without that assurance, little real learning can take place,” NASSP CEO JoAnn Bartoletti said in a news release. A USA TODAY/Ipsos poll revealed nearly 9 in 10 teachers said they predict problems enforcing social distancing among their students. That same poll indicated only one in five teachers were reluctant to return to the classroom. Patricca said most teachers in the Lee district also wanted to return. Akin said decisions faced by parents on whether to return their children to the classroom are among the toughest they will ever make.
the potentials for a problem if they go back and catch this?” he said. “Children, the last few months, have been afraid of something that they are not really sure what they are afraid of. They are aware of the virus; they know mommy and daddy have said you have to wear masks. It’s like the scary monster hiding under the bed. They don’t understand what they are scared of." “But education is something my wife and I value very much,” he added. “I saw my child in kindergarten doing fantastic, then the void came, and it was an unfortunate situation. She was learning and doing so well. I think that can be made up, but I worry about that. I want kids to have that normal social interaction.”
Instructional model results Results of The School District of Lee County survey of parents on their instructional model selections for how they wanted their children educated in the new normal:
41% – or 31,522 students –
chose to be back in the classroom.
39% – or 29,702 students –
chose Lee Home Connect, where students are paired with teachers from their schools during school hours.
19% – or 4,724 students – opted for Lee Virtual, where students complete various assignments but have very little contact with a teacher unless it is requested.
1% – or 1,064 students – chose to be homeschooled.
“I asked myself the question: What are September 2020
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legal lens flashback to 2016
1. John Webb, Nirupa Netram and Spencer Cordell at the Swearing In Ceremony & Luncheon in January 2. Chairs Indera DeMine and Karla Campos-Andersen at the Mock Trial Competition in February 3. Miguel C. Fernรกndez and Kelly Fayer at the Past Presidents Luncheon in February 4. Dawn Maselli and Tampa Bay Lightning Founder and NHL Hall of Famer Phil Esposito at the March Membership Luncheon in March 5. Judge Branning and Jerry Von Gruben serving up yummy eats at the Shrimp Boil Lover's Key held in March 6. Jenna Persons, Scot Goldberg and Shannon Puopolo at the LCBA After-Hours Social held at the 86 Room in March 7. Law in the Mall at Edison Mall in April 8. Connie Ramos-Williams, Blake Hampton and Natalie Ramos at the Craft Beer Garden Festival held in April at Centennal Park 9. Hon. Archie Hayward, Guichard St. Surin and John Webb at the 6th Annual LCBA Charity Golf Tournament held in May 10. Linda Doggett, Cecil Pendergrass and Kathy Smith at the Law Week Awards Luncheon held in May
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Photos courtesy of Jim Jett Photography
In light of coronavirus cancelling face-toface events for the past several months, Res Gestae is looking back at past events while we all look forward to coming together in the future.
Photo courtesy of Jim Jett Photography
legal lens xx
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16 11. Blake and Kate Hampton on a two-day LCBA Key West retreat in June 12. Michael Lehnert and Cynthia Duff at the LCBA & LCAWL Joint Luncheon held in June 13. YLD's Holidays in July event at the Children's Network of Southwest Florida 14. Danielle Levy Seitz at the fishing tournament portion of YLD's "Tryathlon" for kids with the Children's Network of Southwest Florida held at Bass Pro Shops in August 15. Hon. Ramiro MaĂąalich and Hon. John Carlin at the general membership luncheon held in August 16. Beverly Grady and Bruce Grady at the criminal law practice section after-hours social at the old Barrel Room in September 17. Naelene Webb and Dennis Webb at the Bench-Bar Gala at Sidney & Berne Davis Art Center in September 18. Members enjoying great food and camaraderie at the LCBA Annual Family Bar-B-Que held at the Smoot property in November 19. Hon. Michael McHugh, Spencer Cordell and Justice Fred Lewis at the LCBA holiday party held at The Veranda in December
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For more pics from 2016, check out the gallery at LeeBar.org
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guest attorney
Q&A WITH SARAH OWEN:
by indera demine, esq.
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ultivating Regional Change for the Common Good
is part of the mission statement for the Southwest Florida Community Foundation. The foundation, which has tackled pressing needs from the environment to equity and empowerment, health and the arts, recently expanded its reach into impact investing as a way to provide technical and financial support to emerging social entrepreneurs and nonprofits. I sat down with foundation president and CEO Sarah Owen for a question-and-answer session to learn more. Q. What is impact investing? Sarah: Think loans not grants. Impact investing, designed for companies, organizations or nonprofits, will generate measurable, beneficial social or environmental impact alongside a financial return. This return is usually
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Sarah Owen, President & CEO Southwest Florida Community Foundation
below market rate and the investment provides capital or loans to those who can address community issues. Q. How did the idea for impact investing come about? Sarah: Impact investing is an additional
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tool in the foundation toolkit to provide capital for change. For decades we have been actively granting donor dollars to non profits, but change happens in a network, not a silo. We don’t just want to address symptoms (hunger, poverty, education challenges) of suffering. We desire to bolster the financial stability and health of our neighbors. If we can loan a non profit or small business dollars in addition to our grant making, we have expanded the flow of capital and the money is paid back to assist the next recipient. Q. How do you measure “impact�? Sarah: The return on investment is measured with a triple bottom line lens. The decision to invest is driven by a community need and we measure the social or environmental impact and the financial return. There are also the moments that you visit a business and
The value of impact investing
see it growing and thriving, a non profit meeting a need or witness an end to generational poverty in a family with the establishment of a business. Then you see the impact first hand. Q. How can the legal community support this new initiative? Sarah: Become a donor to the impact investing fund. Provide volunteer or low-cost technical assistance to the social entrepreneurs and small business owners. Share this information with your clients as appropriate. Many times we find estate attorneys and other professional advisors are the first to introduce this new idea to clients and colleagues, particularly individuals who have built a business themselves and are looking for ways to help others. This is a tax-deductible way to do it. Q. What are some incentives for donors to invest in this new venture?
Sarah: We find donors appreciate this additional offering to support the community. Many donors are used to venture funds or participate in angel investment groups. They relate to the idea of investing in a small business or start up. They are inspired that they can point their dollars to an enhanced communitycentric return on investment. These are tax deductible donations and can be included in estate plans, IRA rollovers and appreciated stock, mutual funds and other assets.
success look like to you from both the financial and social perspective?
Q. Can you give an example?
Sarah: Don’t hesitate to reach out to me at sowen@floridacommunity.com.
Sarah: If an underserved community does not have access to a local pharmacy, or a gap loan is needed to create attainable housing, you will find impact investment funds deployed to those types of projects. We are the lender until the business can attract traditional bank financing. Q. After exiting an investment, what will September 2020
Sarah: On the technical side, our goal is to help businesses become “lender ready� so they can expand their capital resources to grow, create new jobs and provide a needed community service or product through more traditional lenders. Socially, we expect to see measurable change in the community and the lives of our neighbors. Q. For more information?
Indera DeMine, Esq., is an immigration attorney at DeMine Immigration Law Firm. She serves on the impact investing committee of the Southwest Florida Community Foundation.
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special feature
Judge Gagliardi earns Jurist of the Year award by tiffany pereira, esq.
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his year, the Lee County Association for Women Lawyers was honored to nominate LCAWL member, the Hon. Josephine Gagliardi, for Jurist of The Year. We were ecstatic of Gagliardi’s selection as the recipient of this annual award. Unfortunately, the awards ceremony was unable to take place during the Florida Bar’s annual convention in June. We invite you to join us in celebrating the judge’s award next year at our annual Judicial Reception, where we will recognize her as our guest of honor. The Jurist of the Year award is given to a judge whose career exemplifies the highest standards of judicial conduct for integrity and independence; who is knowledgeable of the law and faithful to it; who bases his or her rulings on the law, rather than partisan interests,
political leanings, public opinion or fear of criticism; who is patient, dignified and courteous to all who appear before him or her; and who endeavors to improve the administration of justice and public understanding of, and respect for, the role of law in our society. The nominee must exhibit an outstanding reputation for competency, efficiency and integrity. “ I am humbled by the receipt of this state-wide award,” Gagliardi said. “It is always my hope to assist young lawyers, women and men to recognize the rights of others and our responsibilities to our communities.” Gagliardi was appointed to the bench by Gov. Jeb Bush in 2006 and has been presiding county judge ever since. She was a founding member of LCAWL. Gagliardi is a member of the Florida Courts Technology Commission, the
Front Row: Andrea Smith, Tiffany Pereira, Hon. Josephine Gagliardi, Maria Alaimo, Alexis Barkis. Back Row: Stephanie Hoffman, Stephanie Bendeck, Denise Wheeler Wright, Maritrini Soto Garcia, Doug Kemp
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Florida Court Education Council and the chair of the Florida Bar Rules of Judicial Administration Committee. She has served as the editor of the Courier, the newsletter of the Conference of County Court Judges of Florida. She is also on the special committee of Parental Leave in Court Actions and her work was instrumental in the passing of the Parental Leave Rule. Additionally, Gagliardi volunteers with the PACE Center for Girls in Lee County and the Boy Scouts of America, as well as the Calusa Inn of Court and Rotary Club. She is a past president of the Lee County Bar Association and a leader in our community. Please join us in wishing congratulations to the judge.
4,000 mediations 1980 - 2020
Experience Makes the Difference.
LPR September 2020
Leonard P. Reina, Esq. mediator
239.263.2059 â– LReina@LPReina.com RES GESTAE
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the dish
Hammer out a good time at The Lucky Screw by spencer cordell, esq.
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here’s a new dining option in the Fort Myers River District. The Lucky Screw had the unfortunate timing to open right before the pandemic closed restaurants, but it has reopened for lunch and dinner. The location on Hendry Street, right across from the Downtown House of Pizza, makes it handy for a working lunch, or an evening destination for a date night. The interior of the restaurant has been completely redone in the unassuming, historic building at 1527 Hendry St. Starting with the new façade of windows at the entry, the floors, bars and rest of the interior have been completely updated. The exception is the original brick wall, which looks great, especially with the colored accent lighting. There are still upstairs and downstairs bar areas, but it will be unrecognizable to anyone
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who went to the nightclubs that use to occupy the space. There is a stage area where live music is played several nights a week. Artists are posted on the restaurant’s Facebook page. Our attentive server was Dawn, a friendly face to many downtowners for the years she spent serving lunches at the old French Connection and other River District joints. Every time I have been there the service has been excellent. I stopped in recently for lunch with my legal assistant. The menu is limited right now, again because of coronavirus, but the restaurant has recently expanded its options. I started with a seared Ahi appetizer, perfectly prepared, drizzled with wasabi and a dipping sauce on the side. I had the fish sandwich - a blackened tripletail. My assistant went with one of
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the several flatbread pizzas, which was delicious with a blue cheese drizzle. Be sure to ask about dessert. It was not on the menu the day we went, but a peanut butter pie with chocolate crust is particularly good when dessert is on the menu. I have eaten there a few times and had a chance to try some of the other dishes. I took the kids, and unfortunately they do not have a kids menu, but mine are old enough to find something they like. My son had the scallops, which were recently added back to the menu. There is the option of fries or tater tots. I recommend the chili cheese upgrade, especially if you are washing them down with a cold drink. My favorite dish so far was probably the Maple Serrano fried chicken sandwich topped with applewood smoked bacon, pepper jack tomato and a maple serrano
Photo far left to right: tater tots with the chili cheese upgrade, maple serrano fried chicken sammy. Photos below: renovated interior with original, vintage brick wall.
glaze that gives a sweet note and blends well with the spicy and smoky meats. The Lucky Screw has been a labor of love the last several years for owner Ian Knight. He bought the building in 2016 for $1 million, overcame a few barriers but soon his vision became reality. The name The Lucky Screw came from a bar he owned in Brazil until about three years ago. That’s when he moved to Fort Myers near the location where his parents have lived since the early 1980s. The Brazil bar was originally called the Clover. Located in Copacabana Beach, Ian decided that name needed to go out with the tide.
That niche includes the live entertainment that can be viewed live or on a big screen. “We can put the band on the jumbotron,” Knight told The NewsPress. “People upfront can still see what is going on.” Don’t be fooled by the name. The divebar sounding Lucky Screw belies an upscale bar and restaurant. It is great for a business lunch, a dinner date or cocktails surrounded later in the evening by some live music. It is a welcome addition to the downtown dining scene.
1527 Hendry Street Fort Myers, FL 33901 Sunday - Thursday 11AM–11PM Friday - Saturday 11AM–2AM Happy Hour 4 - 7 pm
239.334.4441
Spencer A. Cordell, Esq., has been in private practice at the Law Office of Spencer Cordell, P.A., since 2007. He is a board certified expert in criminal trial law.
His new place in Fort Myers figures to make a big splash. “It just felt like it was a niche that needed to be filled,” Knight told The News-Press.
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new members Celebrating our Super Lawyers
Keri Armpriester, Esq. Office of the Public Defender
Please help us honor the following attorneys selected to the Florida Super LawyersÂŽ who were left out of the August issue in error.
Jacob Barrett, Esq. Office of the Public Defender
Sheldon E. Finman, Esq. Sheldon E. Finman, P.A., family law
Kevin Brenan, Esq. Law Office of Kevin Brenan, PLLC
Cort W. Frohlich, Esq. Frohlich, Gordon & Beason, P.A., personal injury general: plaintiff
Trey Bruce, Esq.
Bruce Law and Fraud Examiners, PLLC
Paul Giordano, Esq. Roetzel & Andress, business litigation
Mike Dal Lago, Esq. Dal Lago Law
George H. Knott, Esq. Knott Ebelini Hart, business litigation
Travis Russell, Esq.
Alan J. Rubinstein, Esq. Rubinstein & Holz, family law
Office of the Public Defender
Preston Scheiner, Esq. Associates and Bruce L. Scheiner, personal injury general: plaintiff With sincere apologies from the Res Gestae editorial team.
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September 2020
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judicial assistant spotlight
Katie Valdez
1. When my great grandmother was 16 she got on a boat in Poland thinking she was going on a day trip. She ended up on a ship to the United States where she met my great grandfather. They got married as soon as the boat arrived here. 2. I learned to swim right around when I started to walk. I was 15 months and could swim the width of the pool. At 3 years old I was swimming laps. 3. I met my husband when I was 20 years old. I have been with him longer than the age I was when I met him. 4. I come from a family of dog lovers. Between my mom, brother, sister, and I we currently have a combined number of 11 rescues. 5. I was on Court TV and my photo was in the Cape Coral Breeze. I was a licensed private investigator and was involved in a manslaughter trial that Judge Thompson presided over before he retired. I sat at the defense table throughout trial.
THE
APPELLATE
GURU • Civil • State & Federal • Family Law • Probate & Guardianship • Land Use
Call the Guru for all your Appellate needs! Christopher D. Donovan 239.213.3865 | cdonovan@ralaw.com ralaw.com | Roetzel & Andress, A Legal Professional Association
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xx 100 club Is your firm part of the 100 Club? Any firm with two or more attorneys and 100% membership in the LCBA qualifies. Absolute Lsw, P.A. Aloia, Roland, Lubell & Morgan, PLLC. Arend & Sisk, P.A. Associates & Bruce L. Scheiner, P.A. Banker, Lopez & Gassler, P.A. Boy Agnew Potanovic, PLLC. Boyle & Leonard & Anderson, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC. Calvo & Calvo, Attorneys at Law Coleman & Coleman, PLC. Cole Scott & Kissane, P.A. - Fort Myers Florida Rural Legal Services, Inc. Garvin Law Firm Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg|Noone|Abraham Personal Injury Atttorneys Goldstein, Buckley, Cechman, Rice & Purtz, P.A. GrayRobinson, P.A. Green, Schoenfeld & Kyle, LLP Hollander & Hanukah, Attorneys at Law Henderson, Franklin, Starnes & Holt, P.A. John Webb Legal Group, P.L. Kelleher Law
Knott Ebelini Hart Law Offices of Dennis L. Webb, P.A. Law Offices of Michael M. Raheb, Criminal Lawyer Law Offices of Scott T. Moorey Lee County Legal Aid Society, Inc. Linde Law Group Men's Rights Law Firm O'Halloran & O'Halloran, Attorneys at Law Osterhout & McKinney, P.A. Patrone, Kemp & Bentley, P.A. Pavese Law Firm Roetzel & Andress, L.P.A. Rubinstein & Holz Scarmozzino Law Firm, P.A. Sheldon E. Finman, P.A. Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Simmons Law Firm, P.A. Strayhorn and Person, P.L. The McQuaggue & King Law Firm The Spivey Law Firm, Personal Injury Attorneys, P.A. Viacava & Cantor Attorneys at Law Viles & Beckman, LLC
If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.
September 2020
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member spotlight
Kayla Richmond Miller
1. I am a Southwest Florida native. I was born and raised in Lee County. I have never permanently resided any farther than Tampa/St. Pete. 2. My initials are KER, as are most people in my family, from my brothers, dad, uncles, grandfather. My grandfather used to have a boat called “KER-splash." 3. I still hold the Fort Myers High School record for the 300 meter hurdles 15 years later. I also am part of the record for the 4x400 relay team. I also went on to run at the University of South Florida. 4. I was the first person in my family to ever go to law school and become a lawyer. Sometimes, I don’t know how I ended up in the legal field as a profession. 5. My husband and I go on “racecations.” They are vacations around a running race. I have competed in the hurdles, marathons or half marathons in Arizona, California, South Africa, Chicago, New York, Ohio, Pennsylvania, Louisiana, Minnesota, Tennessee, Washington D.C., etc.
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Since its inception in 1985, Direct Impressions continues to produce Southwest Florida’s highest quality commercial printing, digital printing, and effective direct mail campaigns. 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, LaurenB@leebar.org or 239-334-0047.
September 2020
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in the news Goldstein, Buckley, Cechman, Rice & Purtz P.A. joined other sponsors to support Take a Grad Fishing 2020, a catch-and-release fishing tournament for Lee County high school graduates held from and on the Sanibel Causeway July 11. The sponsorship helped provide food and beverages, prizes, tournament shirts and team rulers for over 100 participants. About 15 charter fishing captains donated their time, boats, bait and gear to take registered students fishing at no cost to the students. In addition to providing funding, Goldstein, Buckley, Cechman, Rice & Purtz provided logo backpacks filled with koozies, water bottles, small hand sanitizers and key chains for the participants.
Aloia, Roland, Lubell & Morgan, PLLC,is proud to open its second location in Cape Coral at 1222 47th Terrace, Suite 116, inside the Twelve Twenty-Two Executive Center. Attorney Scott Hertz will manage the Cape Coral office and further develop the firm’s practice areas catered toward the region. Hertz has an established background in construction law, contract law and litigation, commercial law and real estate litigation. Hertz also represents clients in front of Southwest Florida government agencies dealing with licensing, permitting, land use issues and ordinances that impact his clients. Partnership disputes and business breakups are another area of representation.
Robert Shearman, stockholder and chair of the Tort & Insurance Litigation department with Henderson, Franklin, Starnes & Holt, P.A., has been named chairman of the United Way of Lee, Hendry, Glades and Okeechobee Counties Board of Directors. He has served on the United Way’s board for five years, including serving as campaign co-chair in 2019. Shearman represents public and private entities with respect to constitutional claims, employment law, wrongful termination, discrimination, and harassment matters, and injury cases. He also represents law enforcement agencies and officers, and real estate professionals in civil litigation and administrative actions. Shearman is Florida Bar Board Certified in Civil Trial Law and a Florida Supreme Court Certified Civil Mediator.
Scott Atwood, stockholder with Henderson, Franklin, Starnes & Holt, P.A., recently was elected chair-elect of the Labor & Employment Section for The Florida Bar. He is slated to become chair in June 2021. As a member of The Florida Bar’s Labor and Employment Section Executive Council, Atwood assists in formulating and implementing legal policy on a state and local level. This year, he served as a panelist on numerous webinars addressing COVID-19 and its impact on employers. Atwood also serves as chair of Henderson Franklin’s Labor and Employment Law group and is a Florida Supreme Court Certified Circuit Civil Mediator.
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WE MAKE BAN KIN G A B O UT Y O U!
STANDING STRONG…
Together
Now more than ever, relationships matter. As Lee County’s oldest
community bank, we’ve spent nearly 25 years building
relationships with customers and giving back to our local community. Discover the
difference a local banking relationship can make at
Edison National Bank and Bank of the Islands. We
continue to stand strong with money to lend and make banking about YOU.
Lending Team – From left back row: Geoffrey Roepstorff, CEO 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; To learn more about our customer Greg Blurton, Vice President, Sr. Commercial Loan Officer. services and convenient locations, From left front row: Leah Kirby, Kirby, Vice President, River District Office Manager; Willy Ocasio, please visit EdisonNationalBank.com Vice President, Sanibel-Captiva or call 239.466.1800. Office Manager; Pam Edwards, Vice President, Lending. An Equal Housing Lender | Member FDIC | Bank of the Islands is an office of Edison National Bank.