SEPTEMBER 2019
EMPLOYEE WELLNESS Firms promote work-life balance
THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION
September 2019 âš– RES GESTAE
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CONTENTS
features 22 Five ways law firms
promote attorney health and wellness
AD DIRECTORY
26 Mental health
challenges staggering for attorneys, but solutions await
by Chuck Myron
by Peter Knize, Esq. and Chuck Myron
departments 6
Letter from the President by John Webb, Esq.
8
Letter from the Editor-in-Law
by Tiffany Pereira, Esq.
10 Calendar of Events 12 Ethically Speaking
by Henry Lee Paul, Esq.
14 Practice Section
36
38
5 Things You Don't Know About Me Honorable Michael McHugh
5 Things You Don't Know About Me Caryn Diamond Shaw, Esq.
40 #KindLee Community
Spotlight
42
In The News
Land Use & Governmental Law by Sarah E. Spector, Esq. & Erica S. Woods, Esq.
18 YLD Spotlight
by Nicole Brunswick, Esq.
20 Legal Lens
YLD Holidays in July
28 100 Club 30 The Dish
Blanc by Luis Insignares, Esq.
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100 Club
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Aloia, Roland 39 Association of Legal Administrators Southwest Florida Chapter 21 Barbara Pizzolato 19 Boy, Agnew, Potanovic 41 Brad Jessen, Edward Jones 33 Business Observer 17 Calvo & Calvo Attorneys at Law 41 CopyLady IFC Copy IT 27 DeMine Immigration Law Firm 11 Denise Kennedy 27 Direct Impressions 35 Donna Tisch 34 Edison National Bank BC Family First Legal Group 20 Fort Myers Court Reporting 25 Garvin Law Firm 37 Greenwire Technology Solutions 19 Henderson, Franklin, Starnes & Holt, P.A. 33 Hurtado Immigration Law Firm IBC IBERIABANK 9 Kelleher Firm 17 Kempton P. Logan 35 Law Firm of Scott T. Moorey 17 Law Offices of Dennis L. Webb 25 LCBA M-A-L Notice 24 Lee County Legal Aid Society 11 Leonard P. Reina 33 Leslea Ellis, LLC 21 Livingston Loeffler, P.A. 37 Markham Norton Mosteller Wright & Company PA 15 Markham Norton Mosteller Wright & Company PA 27 McHale, P.A. 29 Men's Rights Law Firm 19 Merit Court Reporting, Inc. 16 Morgan & Morgan 13 Musca Law Office, Inc. 3 Niehaus Business Services 29 Real Estate Advisory Services, LLC 24 Responsive Occupational Rehabilitation, Inc. 37 Robins/Kaplan, LLP 29 Roetzel & Andress 32 Sexto Productions 24 Sheldon E. Finman, P.A. 36 Southwest Florida Federal Bar Association 32 Spivey Law Firm, P.A. 5 Sproat Workplace Investigations 35 Stockman Mediation 41 The Historic Dean Building 7 The North Law Firm, P.A. 15 Total QuickBooks Solutions 38 Veranda Restaurant 11 Von Ahn & Associates 40 Wright Mediation 21
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September 2019 âš– RES GESTAE
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LETTER FROM THE PRESIDENT One of the LCBA initiatives this year of which I am most proud is the implementation of the Health and Wellness Committee. Our bar association designed this committee to bring awareness to mental and physical issues that have an effect on the quality of life of attorneys in our community. Sadly, we too often hear of tragedies in which chronic stress, debilitating depression and/or substance abuse has claimed the life of another. It often leaves us wondering if the result could have been different had the person sought and received the proper treatment. The attorney profession was ranked this year as the second most stressful occupation in the country by the U.S. News and World Report. Further alarming statistics can be found on page 26 of this issue. Without question, the financial, emotional and time demands of our chosen profession, especially when coupled with other life stressors, can pose a serious risk to our mental and physical health unless we take action to develop a healthy work-life balance. In an effort to address these issues and to encourage members of our legal community to engage in activities that promote mental and physical health, the Health and Wellness Committee has hosted multiple events this year, with more on the horizon, including our first annual Downtown Dash on September 20, which follows our Health and Wellness Luncheon earlier in the day. Information for these events may be found on leebar.org, along with details on our first ever healthy cooking class, which takes place in October.
LEE COUNTY BAR ASSOCIATION ADMINISTRATION Executive Director - Lauren Baugh Lawyer Referral Service Coordinator - Kheila Perez
EXECUTIVE COUNCIL PRESIDENT John Webb, Esq.
SECRETARY Tiffany Pereira, Esq.
VICE PRESIDENT Matt Roepstorff, Esq.
TREASURER Blake Hampton, Esq.
BOARD MEMBERS
Kathy Smith, Esq.
Peter Knize, Esq.
Spencer Cordell, Esq.
Michael-Anthony Pica, Esq.
PRESIDENT EMERITUS - Daniel J. Endrizal III, Esq. YLD PRESIDENT - Nicole Brunswick, Esq.
COMMITTEE CHAIRS
PRACTICE SECTION CHAIRS
BENCH-BAR GALA
ALTERNATIVE DISPUTE RESOLUTION
Danielle Butler, Esq. DIVERSITY AND INCLUSION
Ita Neymotin, Esq. and R. Noelle Branning, Esq. HEALTH AND WELLNESS
John Miller, Esq. and Joel Hyatt, Esq. HISTORY
Jenna Persons, Esq. and E. Bruce Strayhorn, Esq. #KINDLEE
Amanda Bartley, Esq. and Kelly L. Fayer, Esq. LAW RELATED EDUCATION
T. Rankin Terry, Esq. LAW WEEK
Hon. John S. Carlin LCBA FOUNDATION CHARITY GOLF TOURNAMENT
Shannon Puopolo, Esq. and Kenneth A. Jones, Esq. MOCK TRIAL
Shaina Zuppke, Esq. and Eunice Gedeon, Esq. PRO BONO
Andrew Banyai, Esq., Blair DeMinico, Esq. and Shanthy Balachanthiran, Esq.
John C. Webb, Esq. john@johnwebblegal.com | 239.313.7362
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Anne Dalton, Esq. and Bill Merchant, Esq. APPELLATE LAW
Alex Brockmeyer, Esq. and Matthew Irwin, Esq. CRIMINAL LAW
Leah Harwood, Esq. and Kathleen Fitzgeorge, Esq. ELDER LAW
Blake Hampton, Esq. and Amy McGarry, Esq. FAMILY LAW
Magistrate Gilberto Perez and Kati Calvo, Esq. GENERAL CIVIL AND BUSINESS LITIGATION
George Knott, Esq. and Carlos Kelly, Esq. LAND USE AND GOVERNMENTAL LAW
Erica Woods, Esq. and Sarah Spector, Esq. REAL PROPERTY, PROBATE & TRUST LAW
Kenneth Kemp, Esq. and Jennifer Hammond, Esq. SOLO & SMALL FIRM
Conor Foley, Esq. TORT LITIGATION
Preston John (PJ) Scheiner, Esq.
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September 2019 ⚖ RES GESTAE
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LETTER FROM THE EDITOR September means the beginning of fall. With fall comes changes in the leaves and weather – to everyone except us Floridians. But I am proud to announce one change coming to us in the LCBA. We recently welcomed our new executive director, Lauren Baugh. Lauren is a Fort Myers native, with deep roots in the area. She has worked downtown for almost a decade and is no stranger to the legal community. She officially joined us in the beginning of August and dove right in. Lauren has been spending her time reaching out to practice section and committee chairs, firms, sponsors and any member she comes across seeking to know: What can the LCBA do for you? With a new year steadily approaching, we are soliciting feedback to see what our members are looking for. Please reach out to Lauren and introduce yourself if you have not already. We have a few great events coming up this month, including the first Health and Wellness Luncheon, as well as the inaugural Downtown Dash, which will be a 1-mile run through the heart of downtown, ending at the Sidney & Berne Davis Art Center. Participants will receive a T-shirt, so be sure to register early!
239.334.0047 resgestae@leebar.org
Staff PUBLISHER
Connie Ramos-Williams | 239.690.9840
EDITOR-IN-LAW
Tiffany Pereira, Esq.
MANAGING EDITOR Chuck Myron
CREATIVE DIRECTOR April Bordeaux
ADVERTISING DIRECTOR Linda Fiore | 239.690.9840
FEATURE WRITER Chuck Myron
CONTRIBUTING WRITERS John Webb, Esq. Tiffany Pereira, Esq. Henry Lee Paul, Esq. Sarah E. Spector, Esq. Erica S. Woods, Esq. Nicole R. Brunswick, Esq. Peter Knize, Esq. Luis Insignares, Esq. Hon. Michael McHugh Caryn Diamond Shaw, Esq.
CONTRIBUTING PHOTOGRAPHER Jim Jett Photography
BILLING INQUIRIES 239.334.0047
The Young Lawyers Division and the Lee County Association for Women Lawyers have some great events coming up, too — so be sure to browse the Events section of leebar.org and add these dates to your calendar. We are ending the year with plenty of opportunities for networking luncheons, CLEs and parties.
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.
One final note, and a personal one at that: Farewell to our managing editor, Chuck Myron. Chuck, or Captain as we have become so used to calling him, is sailing on to new seas. Thank you for everything, Chuck, including every single last little reminder email. You have been an absolute blessing to me in this role. I speak for all of the LCBA when I say we will miss you terribly!
Copyright©2019 Lee County Bar Association Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission from the Lee County Bar Association. To inquire about such permission, please contact the Lee County Bar Association at info@leebar.org.
Tiffany Pereira, Esq., Editor-in-Law tiffany@thepereiralawfirm.com | 239.332.1181
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SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949
RES GESTAE
⚖ September 2019
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.
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CALENDAR OF EVENTS Dates of some practice section meetings have not been confirmed. Check leebar.org for details!
SEPTEMBER
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“The Gender Agenda – Where are the Female Mediators?”
Noon-1 p.m., Lee County Justice Center, Hearing Room 4O, 1700 Monroe St., Fort Myers. The CLE is a joint presentation by the Alternative Dispute Resolution Practice Section and the Lee County Association for Women Lawyers. Denise Wheeler Wright will conduct.
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LCBA YLD Lunch Meeting
Noon- 1 p.m., 10 Twenty Five (upstairs), 33 Patio De Leon, Fort Myers. All attorneys under age 35 or in their first five years of practice are invited to attend.
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General Civil and Business Litigation Meeting
Noon-1 p.m., Lee County Justice Center, Hearing Room 4G, 1700 Monroe St., Fort Myers. The Hon. Michael McHugh, the Hon. Tara Paluck and the Hon. Keith Kyle will discuss judicial do’s and don’ts. One CLE credit is pending.
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for all ages. Register at register. Criminal Law Practice Section chronotrack.com/r/51765 Social Event
5-7 p.m., Downtown Social House, 1406 Hendry St., Fort Myers.
Real Property, Probate and Trust Brown Bag Lunch Meeting
Noon-1 p.m., Lee County Justice Center, Courtroom 5G, 1700 Monroe St., Fort Myers. Dennis Landfried and Read Sawczyn will discuss “Wearing the Trustee Hat.”
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LCBA Health and Wellness Luncheon
Noon-1 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. Fee to attend is $25 for members, $35 for non-members, $30 for advertisers and free for judges and magistrates. RSVP and register at leebar.org or call 239334-0047.
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The Judges' Perspective on Pro Bono
& Pro Se
1-4 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. Three CLE hours approved. RSVP at leecountylegalaid.org. Free.
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Land Use and Governmental Law Practice Section Lunch Meeting Noon-1 p.m., Lee County Public Works, first floor conference room, 1500 Monroe St., Fort Myers. Cost is $10.
26 Lunch Meeting
LCBA Pro Bono Committee
Noon-1 p.m., location TBD. Email Nanci Dubois at Nanci@leecountylegalaid.org for more information.
Downtown Dash
4:30 p.m. Registration/packet pickup, 6 p.m. race start. Fort Myers Regional Library, 2450 First Street. The lawthemed event is Southwest Florida’s only timed mile run/walk/jog event
Visit us online at leebar.org to see more calendar items. You can conveniently RSVP for upcoming events. Would you like to submit an event? Email your event submission to resgestae@leebar.org
Thank You to our Annual Sponsors for 2019
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September 2019 ⚖ RES GESTAE
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ETHICALLY SPEAKING BY HENRY LEE PAUL, ESQ.
Lawyers can now be ‘experts’ without board certification
T
he Florida Supreme Court has finally adopted the amendments to Rule 4-7.14 that allow lawyers to refer to themselves as “experts” or “specialists” without being board certified in practice areas in which no board certification is available. This reference may be made only if “the lawyer can objectively verify the claim based on the lawyer’s education, training, experience, or substantial involvement in the area of practice in which specialization or expertise is claimed.” A lawyer cannot use these terms in relation to a practice area in which board certification is available, unless the lawyer is board certified. This amendment still places responsibility on a non-board certified lawyer who uses the terms expert or specialist to be able to establish that the designation is accurate. There is no bright-line rule identifying what will consist of adequate proof, but a good starting point would be to review the requirements for other board certifications and attempt to compare and adapt them to the qualifications of the lawyer for the practice area in which no board certification is available. The change, effective as of August 26 this year, is intended to conform bar rules with the ruling in Searcy, et al. v. The Florida Bar, 140 F. Supp. 3d 1290 (N.D. Fla., 2015). The Searcy firm challenged The Florida Bar’s prohibition against the use of term of “expert” or “specialist” to describe itself in relation to its mass torts experience. There is no board certification for the practice area of mass torts. The Florida Bar took the position that although it was undisputed that the Searcy firm members were experts in the practice area of mass torts, the use of the term, though
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truthful, was misleading because it would cause the public to believe that members of the firm were actually board certified in mass torts. After the 2015 court order granting summary judgment in favor of the Searcy firm, The Florida Bar proposed an initial amendment in 2016. That proposed amendment was rejected by the Florida Supreme Court in 2017 when it admonished that “the Bar’s proposal here does not sufficiently address the district court’s decision.” The Supreme Court instructed the bar to devote further study to the issue. The amendment the court just recently adopted, with modification, was the revised amendment the bar subsequently proposed. In rejecting the position taken by The Florida Bar in the Searcy litigation, the district court pointed out the bar has a history of taking “inconsistent and sometimes indefensible positions” in relation to the regulation of lawyer advertising.” Two things are for certain: There will be additional litigation involving the regulation of lawyer advertising in Florida, and the rules will continue to be adjusted. ⚖
Henry Lee Paul is a former Bar Counsel for the Florida Bar who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.
September 2019 âš– RES GESTAE
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LAND USE & GOVERNMENTAL LAW BY SARAH E. SPECTOR, ESQ. & ERICA S. WOODS, ESQ.
PERMITTING DEADLINES, ATTORNEYS’ FEE PROVISION HIGHLIGHT NEW RULES
T
wo fairly significant changes that went into effect on July 1 could have quite an impact on how land use applications are processed and whether they will be appealed. First, House Bill 7103, codified as Chapter 2019-165, Laws of Florida, incorporates deadlines for processing local government development permits and development orders, except for building permits. Counties and municipalities now have 30 days from receipt of an application to issue a letter as to whether the application is sufficient, and the applicant has 30 days to provide a response if found to be deficient. Once found sufficient, the local government has 120 days to issue a final decision on applications that can be approved administratively and 180 days to approve those that require a public hearing. The final decision must include written findings supporting the decision. The second significant change is to the section providing aggrieved or adversely affected parties the right to challenge land use decisions based on inconsistency with duly-adopted comprehensive plans. The new law adds a statutory prevailing party attorneys’ fee provision. This could have a chilling effect on those who stand to suffer from land use decisions to a greater degree than the general public. They may be hesitant to file suit to protect their property rights knowing they may have to foot the
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government’s legal bills. In addition to these significant changes, House Bill 7103 contains several other provisions of note. While the law previously allowed for the extension of development permits and development orders when the governor declared a state of emergency, it has now been narrowed to apply only when the state of emergency is due to natural emergencies. With this change, for example, those in Alachua County could not apply for an extension on their development permits when the governor, anticipating protests, declared a state of emergency in advance of a scheduled speech on the University of Florida campus. The bill also narrows the right of local governments to adopt inclusionary housing ordinances aimed at requiring developers to provide affordable housing. The statute was amended to define an “inclusionary housing ordinance” as one that requires a developer to provide affordable housing onsite or otherwise contribute to provide the housing elsewhere. If a county adopts such an ordinance, it must include incentives in favor of the developer to offset the cost of the affordable housing contribution. Examples of such incentives are increased density or intensity, or the reduction or waiver of fees.
Continued on page 16
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Continued from page 14 House Bill 7103 also amends the Community Planning Act relative to the requirement to adopt a comprehensive plan. The law now essentially prohibits comprehensive plans adopted after January 1, 2019 (and all regulations adopted to implement those plans) from having a retroactive impact on development orders approved before their adoption. The Florida Impact Fee Act was also amended. Previously, the statutes generally referred to a rational nexus test for purposes of establishing the fee structure but did not identify the components of the test. The new amendment provides specificity by requiring the fee to be proportional and reasonably connected to the impact of the new development. It also requires expenditure of the money collected to be proportional and reasonably connected to the benefits accruing to the new development. The Impact Fee Act was further amended to identify when the fees can be collected, how they can be used, and what credits are to be given for alternative contributions and fees paid prior to an increase in impact fee rates. Most importantly, a local government cannot require payment of impact fees earlier than the date it issues a building permit. Finally, as it relates to land use matters, House Bill 7103 shortened notice and approval deadlines and clarified
what a local jurisdiction can charge for building permit applications and inspections in which a private building code administrator is used in lieu of a local building official. It will be interesting to see how all of these changes affect us locally. They are sure to be the topic of discussion at our upcoming lunch meetings. The Land Use and Governmental Law Practice Section continues to hold its monthly lunches on the last Thursday of the month, from noon to 1 p.m. in the Lee County Department of Community Development First Floor Conference Room at 1500 Monroe St. Please consider joining us and, as always, please let Erica or me know if you have any specific topics you would like to hear about or to present to the practice section at our monthly lunch. ⚖
Erica S. Woods, Esq. is senior vice president of legal services at Kitson & Partners. She specializes in real estate development matters with a focus on permitting and entitlement issues. Erica is a board member of, and secretary-treasurer of, the Association of Florida Community Developers. Sarah E. Spector, Esq., is a shareholder at Roetzel & Andress in Fort Myers. She is a Florida Bar boardcertified specialist in condominium and planned development law. She represents clients in zoning and land use matters, as well as management and operational aspects of condominium, cooperative and homeowners association governance.
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YLD SPOTLIGHT BY NICOLE R. BRUNSWICK, ESQ.
Speaker series brings key information to young lawyers
W
e were thrilled to see the huge turnout and interest from young lawyers last month at our free CLE luncheon, and plenty more opportunities await. We had close to 30 young lawyers in attendance for “Lessons from Law Firm Leaders: Best Practices for Professional and Personal Development.” For those who missed out, we organized a panel of speakers to discuss and provide tips for success that included mentoring, developing legal skills, business plans, networking and relationship building, just to name a few. We were honored to have panelists Aaron Bowles, who serves as the firm administrator and marketing director for Farr, Farr, Emerich, Hackett, Carr & Holmes, P.A., and Kenneth Crooks, who is the chief operating officer for Henderson, Franklin, Starnes & Holt, P.A. Gail Lamarche, the director of marketing and business development for Henderson, Franklin, Starnes & Holt, P.A., was our panel moderator. A special thank-you goes out on behalf of the Lee YLD for offering your time and expertise, and for providing strategies and practice tips to the young lawyers! I would also like to personally thank Lee YLD President-Elect Tiffany Pereira and Gail Lamarche for organizing and spearheading this event. It would not have been possible without all of your efforts! This month our guest speaker luncheons will continue. Jennifer Lucas-Ross, Esq. will be speaking at our membership lunch on September 6 at noon at 10 Twenty Five in downtown Fort Myers. Ross is the associate dean of career services and alumni affairs at Ave Maria School of Law. She will be speaking about a “speed networking” mentoring event she is helping organize for law students in which young lawyers can assist students with their networking skills. At the lunch, she will also provide young lawyers with networking and career building tips. You will also want to mark your calendars for our October 24 luncheon, which will be a combined event with LCAWL. State Attorney Amira Fox and Public Defender Kathleen Smith will be our guest speakers. Lunch will be provided and CLE credit is pending. More information on this free CLE luncheon is to come.
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Photo above: Kenneth Crooks, Gail Lamarche, Aaron Bowles. Photo below: Turnout was strong for “Lessons from Law Firm Leaders: Best Practices for Professional and Personal Development.”
You won’t want to miss out on hearing from these wonderful speakers! Be sure to RSVP on Facebook or by emailing our secretary, Eunice Gedeon, at Eunice@ leecountylegalaid.org. Like and follow us on Facebook and Instagram, as we post event updates there in addition to our reminder email blasts to Lee YLD members. ⚖
Nicole R. Brunswick is an associate at the Simmons Law Firm, P.A. Nicole focuses her practice in family law. Nicole earned her Juris Doctor from Stetson University College of Law. In addition to serving as president of the Lee YLD, Nicole serves on the Association of Family Law Professionals Board of Directors and the Lee County Legal Aid Society Board of Directors.
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September 2019 ⚖ RES GESTAE
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LEGAL LENS LEE YLD'S HOLIDAYS IN JULY
LCBA members provided 63 local foster children with close to 200 presents at this year's Holidays in July event, a collaboration between the Lee YLD and the Children's Network of Southwest Florida. The children were treated to food and fun on July 27 at Sky Zone Trampoline Park in Fort Myers, plus a visit from Santa Claus, aka Spencer Cordell. 1. Michael Mongiello with baby, Chad Cook, Spencer Cordell, Eunice Gedeon, Melissa Mongiello, Nicole Brunswick, Tiffany Pereira, Lauren Baugh 2. Santa, John Webb 3. Recipient with gifts 4. Lauren Baugh, Sherri Page
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September 2019 ⚖ RES GESTAE
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FIVE WAYS LAW FIRMS PROMOTE ATTORNEY HEALTH AND WELLNESS By Chuck Myron
S
ome are getting their attorneys moving. Some are encouraging them to eat healthier. Some are taking measures you wouldn’t normally consider. Law firms across Southwest Florida are finding many ways to embrace the concept of health and wellness for the benefit of their lawyers.
who asked for treadmill desks in their own offices. Trial Attorney P.J. Scheiner uses one in his office to keep moving as he writes emails and edits documents.
Approaches that go beyond the intuitive are proving effective at engaging staff attorneys and helping them lead healthier and more productive lives. Here are five ways local firms are making a difference:
“Surprisingly, it’s not difficult,” he said. “Everybody has a natural cadence or pace. Taking the steps becomes second nature.”
TREADMILL DESKS Associates and Bruce L. Scheiner, Attorneys for the Injured has “treadmill desks,” which are work stations where attorneys and other staff can walk or jog while accomplishing tasks. The desks can be used as standing desks, and they can even be lowered so staff can work while reclining. Ultimately, they allow staff members a break from sitting without requiring a break from work. The firm set up two shared treadmill desks and accommodated workers
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Dawn Maselli (pictured left) and John Cohen
Not everybody at the firm (pictured above) on treadmill desks. uses the treadmill desks, but there are enough people on the shared workstations for P.J. Scheiner to feel confident they’ve become popular tools that help employees get their work done and live better lives. “The employees of this firm dedicate so much time and energy to their work, so it’s important for them to know their health is our utmost concern,” he said.
MEDICAL MASSAGE The Knott, Ebellini, Hart firm recently brought in certified medical massage practitioner Frank Jean to administer chair massages and present information on injury prevention. Medical massage is a form of treatment designed to alleviate specific conditions related to stress or injury. In many cases,
the conditions manifest in chronic pain from repetitive tasks like sitting at a desk and staring into a computer screen, said Amy Jean, Frank’s wife and the office coordinator for their massage practice. Jean tailors his massages to the individual based on initial questions about what they do during the day and what their job is like. He’ll also speak to them about stretches and exercises they can do to continue the therapeutic benefits after they leave the massage chair. The injury prevention briefings cover concepts such as the importance of hydration, positioning and body mechanics, and relaxation as a part of wellness.
HEALTHY FOOD Amy Jean, who volunteered with the Horizon Council’s workplace wellness task force, also encourages law firms to start healthy food initiatives. Making water easily accessible to everyone in the office is key, she said. So, too, is providing healthy options for snacks and company meals. “Sweets and treats shouldn’t be the only things available,” Jean said. “It isn’t just about advocating for attorneys to eat well when they’re out of the office. It’s about giving them incentive to do so in the office.” It also helps to develop contests and track the progress of each member of the firm toward a healthy goal, whether it’s better food or more exercise, she said.
Frank Jean, certified medical massage practitioner.
miles. “It’s my personal philosophy that you can’t have good mental health without also focusing on your physical health some, too,” said Henderson Franklin attorney John Miller. “This program was a great way to get our attorneys and staff focused a little more on their physical wellbeing.” Miller, who along with Joel Hyatt is co-chairing the LCBA Health and Wellness Committee, has also been busy at work planning the inaugural Downtown Dash, set for September 20. It’s a law-themed race that doubles as Southwest Florida’s only timed 1-mile run-jog-walk event. Registration is open at chronotrack.com/r/51765
FMLA LEAVE Sometimes, it’s not just the attorney who has to go above and beyond — the firm must do so as well. The Family Medical Leave Act obliges companies to hold employees’ jobs for them when they miss work because of a medical condition or pregnancy, but it doesn’t say anything about paying them during those absences.
RUNNING – DOWNTOWN DASH That sort of benchmarking paid off for Henderson, Franklin, Starnes & Holt, which saw more than 20 of its attorneys take part this spring in the Million Mile Movement. That was a HealthyLee program that encouraged people to run, walk, jog, bike or perform some kind of exercise and track their progress. The firm offered prizes to its top three finishers, and the Henderson Franklin team came in fourth among all participating businesses, with an average of 333 miles moved. The LCBA Young Lawyers Division conducted a similar contest, called Mile a Day in May, that resulted in nearly 350 combined
The Lee County Legal Aid Society is exempt from the law because it has fewer than 50 employees, but it complies with the standards anyway. Plus, Legal Aid gives employees their full salaries for a month while they’re out. If they miss a second month, they get half-pay. “New mothers often rush back to work when they’re not yet even physically recovered from childbirth,” Legal Director Blair DeMinico said. “We’re really sensitive to these issues. Family is really important to us.” DeMinico, who had to miss several months of work at a previous job because of a complicated pregnancy, was instrumental in crafting Legal Aid’s policy. “We serve families and children, and it only makes sense to do this,” DeMinico said. “We want to make sure that the people who work for us feel supported.” ⚖ September 2019 ⚖ RES GESTAE
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SPECIAL FEATURE BY PETER KNIZE, ESQ. AND CHUCK MYRON
MENTAL HEALTH CHALLENGES STAGGERING FOR ATTORNEYS, BUT SOLUTIONS AWAIT
L
et’s break it down, shall we? Long hours in an adversarial system, the dreaded “billable hour,” a profession with a penchant for success and perfection, difficult clients with unreasonable demands who solicit advice then quickly ignore it, roller coaster workloads, high student debt, hard-driving business managers, incredibly complex cases, and cognitive overload. The sum somehow becomes greater than the parts, often creating a toxic environment conductive to undue tension, anxiety, strain, exhaustion, burnout, compassion fatigue, depression, and the unsettling feeling of being unable to escape. These are just a few of the “fringe benefits” inherent to this profession we call “The Law.” Collectively, we label these fringe benefits “stress.” Psychologists define “stress” simply as the perception of pressure and the body’s response to it. And who wouldn’t be stressed under these particular perceptions of pressure? Sometimes, the perception lurks in the subconscious. Stress can go unnoticed, developing gradually, making us unaware of its devastating cumulative side effects on our mental health and wellbeing. Of all professions, lawyers are at the greatest risk of failing to maintain their mental health and wellbeing. The statistics on our profession’s mental health are in, and they are atrocious. A landmark national study on lawyers’ mental health,
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conducted by the Hazelden Betty Ford Foundation and the American Bar Association’s Commission on Lawyer Assistance Programs, provided hard data on the mental health status of our colleagues. The 2016 study found that 19% (for males, higher levels were reported for females) of licensed attorneys struggle with mild to high levels of anxiety and 61% have had anxiety at some point in their careers. Among respondents, 28% reported suffering from some level of depression (four times the rate of the general population) and 48% have suffered from depression at some point during their careers. Not surprisingly, 23% experience unreasonably high levels of stress. But most disturbingly, more than 11% reported suicidal thoughts during their careers. More than one in four of us are experiencing adverse mental health and wellbeing conditions. Statistically, of the 2,000 or so attorneys in Lee County, that’s over 500 of our friends and co-workers: an associate, partner, best friend, even you. A wide spectrum of mental health conditions like anxiety, depression, alcoholism, substance abuse and even suicide are now major players in our profession’s mental health and wellbeing arena.
Continued on page 28
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Continued from page 26 Dr. Laura Streyffeler, a What are the consequences? You can’t pour from an empty cup. It Fort Myers-based licensed The study revealed that 20.6% will make you a better attorney if your battery is charged." ~ Dr. Laura Streyffeler mental health counselor, of licensed attorneys drink at recommends firms offer levels considered “hazardous, access to therapy, but from harmful, and potentially alcohola clinical provider of the attorney’s choice, not a firmdependent” (up 10% from 1990). Attorneys 30 years and appointed counselor. She also suggests practical mental younger reported a 32% rate of problem drinking — a health education and seminars for everyone at the firm, huge reversal for a profession in which, just a decade ago, and real, mutually recognized work-life balance. the rule was the longer you practiced, the greater your “The powers that be need to be aware that they need to risk of alcohol dependency. take care of their people,” Streyffeler said. “You can’t pour Alcohol isn’t the only substance of abuse: Each week, 74.1% of respondents use stimulants, 51.3% use sedatives, from an empty cup. It will make you a better attorney if your battery is charged.” 46.8% use tobacco, 31% use marijuana and 21.6% use Roetzel & Andress is one local firm that’s gaining opioids. All of this is having a huge impact. a reputation for a progressive approach to mental Approximately 60% of malpractice claims involve health. The firm gives employees access to confidential alcohol or other drug problems (the longer attorneys professional counseling and hosts wellness seminars remain untreated, the more likely they will be defendants on topics like “Stress Management 101,” “Managing in a malpractice suit), an astounding 85% of trust Workplace Stress” and “Five Fast Fixes to Reduce Stress.” accounting violation cases involve a substance abuse “Informally, our Fort Myers office tries to create a disorder of the lawyer or a loved one (or a gambling positive environment and team culture throughout the component), and 40-75% of disciplinary cases involve entire office,” said Lori Moore, shareholder for the Fort a substance abuse disorder and/or mental illness, the Myers office. “We engage in an open dialogue about research shows. initiatives and programs each other is involved in and In the midst of this crisis, the study reveals that more support each other in those causes.” of us are at risk, and fewer of us are getting help. Our Roetzel isn’t afraid to embrace the unusual in search of biggest barrier to seeking treatment is fear of stigma, or fear of being “found out.” Among respondents, 67.5% said a solution, as witnessed by its annual in-office miniature golf contest, which shuts down the office for an afternoon they did not want others to find out about their alcohol consumption and 64% cited privacy as a major stumbling so employees can target makeshift holes. Such collegial frivolity is important, Streyffeler said, but so too is giving block to receiving treatment. attorneys enough time on their own. Yet it is critical to understand that each condition is “Attorneys need to get away,” she said. “They need highly treatable, especially in the early stages. As such, separate time with people in their personal lives.” “[W]e have to continue the conversation, maintain the The LCBA is also focused on its members’ health and conversation, and elevate the conversation. This is the No. 1 way to address stigma, which is the major hurdle to wellbeing. “It is a priority of the LCBA to help lawyers maintain overcome in mental health,” said Michael Higer, co-chair their health and wellbeing,” said President John Webb, of The Florida Bar Committee on Mental Health and “not only to collaborate with our members to make Wellness of Florida Lawyers. healthy lifestyle choices, but to provide events and education solely focused on our members’ wellbeing such SOLUTIONS as yoga and healthy cooking classes, painting and bowling events, biking at Ding Darling National Wildlife Refuge, Firms are slowly beginning to work toward an end and our Orangetheory Fitness class.” ⚖ to stigma, according to Dr. Scott M. Weinstein, clinical director of Florida Lawyers Assistance, which offers resources to attorneys who are struggling. “Firms don’t want their attorneys to struggle,” Weinstein Resources for help said. “We’re hoping with that more education and more Florida Lawyers Assistance: fla-lap.org Florida Lawyers Assistance 24-hour confidential help line: understanding, they’ll have a more intimate relationship with the staff and be more tuned into whether somebody’s 800-282-8981 The Florida Bar Mental Health and Wellness Center: floridabar.org/ hurting.” member/healthandwellnesscenter
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THE DISH BY LUIS INSIGNARES, ESQ.
BLANC:
A homey spot for haute cuisine
T
ucked inside a plaza along McGregor Boulevard, just north of Cypress Lake Drive, is Blanc. A hole-in-the-wall in the very best sense, Blanc is a cuisine destination with a snug and sophisticated atmosphere that harks more to South Beach than to south Fort Myers. The word “blanc” means “white” in English, but this Blanc celebrates the colorful spirit in each of us, offering a straightforward menu that transports epicureans from “the south of Fort” to the south of France and regions beyond. The owners hail from Paris and New England. In fact, Blanc’s proprietors, Lori and Jean Claude Roge, are also the culinary creators of the Blanc menu. Their individual tastes resonate in the destination’s menu and ambiance. To be sure, Blanc is a “petite place” — a little place — with only 20-plus seats. But Blanc is so worth the experience. To refresh my memory of previous Blanc visits, Dwayne and I seized the opportunity to reconnect with a friend we hadn’t seen in a long while. Blanc is a perfect place for such reunions.
crisp exterior that gave way to the tenderness and artichoke filling within. The crispy cones showcase small cubes of ahi tuna ceviche, perfected by a drizzling of chili aioli. The beautifully presented charcuterie board featured delicate slices of cured meats, cheeses and a slice of deliciously seasoned housemade pâté.
Blanc’s menu is designed for communal indulgence. Its “Almost Entrees” are reasonably priced and perfect for sharing. (Think tapas that sort of let themselves go: hardy enough for a meal, but still ideal for sharing and sampling.)
This was our friend’s first experience at Blanc, so she elected to choose from the standard menu’s options: lamb lollipops and Brussels sprouts. But in her heart of hearts, she was leaning toward the surf and turf, a jaw-dropping special offered that evening, so I chose that and gave her a chance to sample the experience of a petite filet mignon and Nigerian prawns.
The standard menu (found by visiting blancentertainment. com) is a solid foray into the culinary culture of Blanc. The clearly delineated menu gives visitors an overall view of the restaurant’s offerings, categorized by appetizers, salads, soups and “Almost Entrees.”
The prawns were magnificent in size: about 8 inches in length, and succulent, with a flavor and texture more akin to lobster than shrimp. Our guest happily accepted an invitation to share.
To start, we chose Blanc’s artichoke fritters, tuna cones and the charcuterie assortment. The fritters had a delightfully
What made the experience most satisfying was that our server and Blanc’s
Our server attended to our every wish, and Lori extended a warm greeting to our party, assuring us that this particular moment would be memorable. She was right. And then, there was the food.
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Photos far left top to bottom: tuna cones, surf and turf (prawns), surf and turf (fiiet mignon). Photos middle top to bottom: lamb lollipops, charcuterie assortment, interior of restaurant. Photos above top to bottom: Brussels sprouts miso, artichoke fritters.
BLANC 13451 McGregor Blvd., Suite 10 Fort Myers, FL 33919 chef de cuisine were happy to customize the presentation of the prawns to our liking: shells on or off; heads on or off. For foodies such as myself and Dwayne, this level of graciousness is as extraordinary as Blanc itself: a destination for celebrating the everyday grace of “joie de vivre” — the joy of being alive. ⚖
239.887.3139 blancentertainment.com Luis E. Insignares, the founding attorney of the Law Office of Luis E. Insignares, has been practicing law for more than 20 years and is certified as a matrimonial and family law specialist by The Florida Bar. He is a certified family mediator and serves on the executive council of The Florida Bar Family Law Section.
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LEE COUNTY BAR ASSOCIATION'S 100 CLUB Absolute Law
Goldberg Noone, LLC
McQuagge Law Firm
Aloia, Roland, Lubell & Morgan, PLLC
Goldstein, Buckley, Cechman, Rice & Purtz, P.A.
Men’s Rights Law Firm
Arend & Sisk, P.A.
Grant Fridkin Pearson
The North Law Firm, P.A.
Associates and Bruce L. Scheiner, P.A.
GrayRobinson, P.A.
O’Halloran & O’Halloran, Attorneys at Law
Avery, Whigham & Winesett, P.A.
Green, Schoenfeld & Kyle, LLP
Osterhout & McKinney, P.A.
Bergermann Law Firm
Grossman Law & Conflict Management
Parvey & Frankel Attorneys, PA
Bonita Springs City Attorney’s Office
Hahn Loeser & Parks LLP
Patrone & Kemp, PA
Boy Agnew Potanovic, PLLC
Henderson, Franklin, Starnes & Holt, P.A.
Pavese Law Firm
Boyle & Leonard, P.A.
John Webb Legal Group, P.L.
Richard Johnston Law
Burandt, Adamski, Feichthaler & Sanchez, PLLC
Kelleher Firm
Robert Harris Law Firm
Buchanan Ingersoll & Rooney PC
Knott Ebelini Hart
Roetzel & Andress, L.P.A.
Calvo & Calvo
Kuhn Law Firm, PA
Rubinstein, Holz & King, P.A
Cody & Linde, PLLC
Kushner & Kushner
Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A.
Coleman & Coleman
LaDonna J. Cody, P.A., Attorney at Law
Simmons Law Firm, P.A.
Cole Scott & Kissane, P.A., Bonita Springs Ofc.
Law Firm of Scott T. Moorey
Spivey Law Firm, Personal Injury Attorneys P.A.
DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-
The Law Office of Brantley Oakey
Strayhorn and Persons, P.L.
Martin, P.A.
The Law Office of Michael M. Raheb, P.A.
Toll Law
Florida Rural Legal Services
Law Offices of Dennis L. Webb, P.A.
Vernis & Bowling of Southwest Florida, P.A.
Fort Myers City Attorney’s Office
Lee County Legal Aid Society, Inc.
Viacava & Cantor Attorneys at Law
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Viles & Beckman, LLC
Geraghty, Dougherty, Edwards & Stockman, P.A.
Maughan Law Group
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LCBA JUDGES SPOTLIGHT
Hon. Michael McHugh
1. I am the sixth of seven kids. My oldest sibling is nine years older than me, and my youngest is nine years younger. I loved being in such a large family, and we still get together frequently. 2. I was on a state championship cross country team at Fort Myers High School, then ran at the University of Florida. I began running seriously again when my oldest son started to run for Fort Myers High, and I have run the Boston Marathon twice. 3. Three friends I graduated from high school with and I get together once a year for a trip. We enjoy hiking/climbing 14,000-foot summits. After a near-death experience on the “Deadly Bells” in Colorado, I am a bit more cautious. 4. I have three children. I just dropped off my second son at the University of Florida, where he joins his older brother. For the first time, I am outnumbered by girls in the house between my 13-year-old daughter, my wife, and two female chocolate labs. 5. When I was 9 years old I walked door to door for Senior Judge James R. Thompson’s election for County Court. He won that election and I began to think about becoming a judge.
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LCBA MEMBERS SPOTLIGHT
Caryn Diamond Shaw
1. Being a lawyer runs in my family. My dad was a worker’s compensation and personal injury attorney for over 30 years in Miami. I went to work with him every year on Take Our Daughters and Sons to Work Day. This year, my 5-year-old daughter announced that she plans to be a mommy, a lawyer and a mediator. 2. My husband is a veterinarian. Everyone thinks he has the most interesting job, but as an employment law attorney I see some wild things. On more than one occasion I’ve had to repeat profanity as facts in a case. 3. I caught a 125-pound tarpon. I’m only 5-foot-3, so there are some doubters, but I have the picture and broken pole hanging in the playroom as proof! 4. My dog’s name is Maui. I’ve never been to Hawaii; he’s actually named after the Disney Moana character. 5. I love a good costume party. For our wedding anniversary, we invited all of our friends to Key West for an ‘80s promthemed party. Everyone went all out in full ‘80s hair, makeup and clothes.
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1342 Colonial Blvd., Suite D30 | Fort Myers, FL 33907
ADVERTORIAL
Aloia Roland opens new headquarters signifying growth and thriving practice areas
S
enior partners Frank J. Aloia, Jr., Ty G. Roland, Evan D. Lubell and Jack C. Morgan, III have taken another step in their commitment to their clients and community. Aloia Roland recently moved its headquarters to a new location in downtown Fort Myers. The 2222 Second Street stand-alone building is steps away from the Lee County Justice Center, City Hall and is in the heart of downtown. “Moving into a brand-new office building is a landmark occasion in our firm’s 15-year history. The expansion represents our various successes, especially the development of thriving new practice areas,” Aloia Roland senior partner, Frank Aloia, Jr. “We’ve expanded our team of first-class attorneys, doubled the size of our talented support staff and created an environment to represent our firm.” The 6,500-square-foot building has historic roots, opening in 1951 as Fohl’s Hardware. Completely renovated and modernized, the law firm boasts a sophisticated Florida style with state-of-the-art technology, fresh new interiors, multiple meeting spaces and offices, and community gathering spaces. Construction is being finalized to add an outdoor terrace and a 28-space private parking lot for clients and staff. The Aloia Roland team is redefining the practice of law Respected attorney and Aloia Roland senior partner, Evan Lubell has built a reputation for client satisfaction and continues to raise the bar in service. The American Institute of Personal Injury Attorneys
recognized his exceptional performance and named Lubell a 2019 “10 Best” Personal Injury Attorneys for Client Satisfaction. AIOPIA places the utmost emphasis on selecting lawyers who have achieved significant success in the field of Personal Injury law without sacrificing the service and support they provide. Senior associate attorney, Robin D. Merriman, II, J.D., LL.M., B.C.S., recently achieved Board Certification in Wills, Trusts & Estates by The Florida Bar. This distinction acknowledges Merriman’s special knowledge, skills, and proficiency, as well as having a reputation for professionalism and ethics, in Wills, Trusts & Estates and recognizes him as an expert in this practice area. “We’re awe-inspired by our team and believe our work is redefining the practice of law. Evidence of our team’s impact is transforming communities, locally and throughout the state. The magnitude of our cases is shaping society in ways we’ve only just begun to see. It’s an incredible time to be an attorney and I’m honored to watch Aloia Roland boldly lead the way,” expressed Aloia Roland senior partner, Ty Roland. Aloia, Roland, Lubell & Morgan, PLLC is a full-service law firm with practice areas in business and real estate law, commercial litigation, personal injury law, civil law, family law and trusts and estates. Established in 2004 by Frank Aloia, Jr. and Ty Roland, the firm has deep roots in Southwest Florida, proudly serving its community with seven attorneys and more than 20 support staff. To learn more, call (239) 791-7950 or visit LawDefined.com. September 2019 ⚖ RES GESTAE
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#KINDLEE COMMUNITY SPOTLIGHT
Housefire strikes family of longtime dependency court clerk A familiar face to many LCBA members is in need of help. The family of Dorothy Westcott, who for 30 years has worked as a clerk in the Lee County Juvenile Dependency Program, recently lost their home in a devastating housefire. The blaze destroyed nearly every possession owned by Westcott’s son, Justin Deish, and his three children, ages 5-15. “They have nothing left except some silverware and pots and pans that made it through the fire,” Westcott said. “They have no furniture, linens, plates, etc., basic things they need to live day by day.” Deish’s car was burned so badly, the engine melted. The family has temporary housing for now, but not much else. Cognizant of Westcott’s prominent role in the courthouse, #KindLee Committee members Travis Russell and Rich Haberle are spearheading a local relief effort. “Dorothy is an essential part of the Unified Family Court and has been so from its inception,” Haberle said. “She is
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instrumental in getting the dependency cases handled and handled exceedingly well. Now, it’s our turn to help her.” #KindLee is asking anyone interested in helping the family to bring gift cards to the LCBA office on 2077 First St., Suite 207, in downtown Fort Myers. The cards should ideally be from national chains like Walmart or Target, since Westcott’s family lives out of state. ⚖
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Your business is our business. Employment ■ Business ■ Government John Potanovic, Suzanne Boy, and John Agnew
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September 2019 ⚖ RES GESTAE
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IN THE NEWS
Scott Atwood of Henderson, Franklin, Starnes & Holt, P.A. has been elected secretary/ treasurer of The Florida Bar Labor & Employment Section. He is now slated to become president of the section in two years. Atwood, a University of Florida College of Law graduate, has been a member of the section’s executive council since 2011. In this role, he assists in formulating and implementing legal policy on the state and local level. He previously served on The Florida Bar’s Board of Governors.
Heidi M. Brown, an associate with Osterhout & McKinney, P.A., has been reappointed as cochair of the Medicaid Committee of The Elder Law Section of The Florida Bar. Brown’s term runs until June 2020. Brown is board-certified in elder law by The Florida Bar. She concentrates in estate planning, Medicaid, Veterans Affairs planning, special needs planning, probate and trust administration. A graduate of the College of William & Mary Law School, she is accredited by the VA to represent claimants for benefits.
Anthony Cetrangelo is now with Henderson, Franklin, Starnes & Holt, P.A. as an associate in the Wills, Trust & Estate Planning department. Cetrangelo assists clients in all aspects of planning an estate or setting up a trust, including revocable and irrevocable trusts, enhanced life estate deeds, durable powers of attorney, living wills and health care surrogacy. Cetrangelo, who earned his law degree from Ave Maria, also guides families through trust or summary administrations as well as formal administrations in probate court.
Ehren J. Frey has joined the Fort Myers office of Roetzel & Andress as an associate in the Business Litigation Group. Frey has worked on a wide range of legal issues, including complex business and commercial litigation matters. His background includes an internship with the 20th Judicial Circuit and a previous career in banking and finance. He holds a Juris Doctor from Ave Maria, where he served on the law review as associate editor and later as managing editor.
Antoinette “Toni” Peck has joined Henderson, Franklin, Starnes & Holt, P.A. as an associate in the Divorce, Marital and Family Law Department. Peck previously owned and operated a practice in LaBelle for nine years, focusing on marital and family law and other general litigation. Peck handles all aspects of marital and family law, including adoptions, divorce, dependency matters, paternity, interstate jurisdictional issues, and unique laws pertaining to children of tribal nations. She earned her law degree from the University of St. Thomas.
Retired Florida Supreme Court Chief Justice R. Fred Lewis selected Dan Stengle of Associates and Bruce L. Scheiner, Attorneys for the Injured, to serve as the master of ceremonies for a recent reception lauding his distinguished legal and judicial career. Attorneys from across the state attended the Florida Supreme Court Historical Society event, where Stengle introduced several prominent figures from Lewis’ career and life. Stengle, a former counsel to then-Florida Gov. Lawton Chiles, joined the firm in 2017.
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