Res Gestae - September 2019

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

2

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.

34

100 Club

30 4

RES GESTAE

âš– September 2019

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

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

Maximum Referral Fees Paid

Automobile Accidents Motorcycle Accidents Truck Accidents Victims of Drunk Drivers Slip & Fall Accidents Wrongful Death

239-337-7483 www.SpiveyLaw.com Main Office

13400 Parker Commons Blvd Fort Myers, FL 33912

Serving ALL of Florida

Randall L. Spivey

Attorney Randall L. Spivey Board Certified Civil Trial Attorney

September 2019 âš– RES GESTAE

5

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

6

RES GESTAE

âš– September 2019

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.

Virtual Office Space • Nightly Rentals • Executive Suites

• • • •

Directory Signage Assigned Mailbox Conference Room Access to Kitchenette

• • • •

Access to Notary Public Package acceptance Onsite management Plus, plus plus!

CALL US TODAY! Deals this good don’t last forever.

239.337.5677 DeanBuilding.com

1415 Dean Street, Fort Myers, FL 33901

September 2019 ⚖ RES GESTAE

7

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

8

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.

6216 Whiskey Creek Drive, Suite B Fort Myers, FL 33919 239.690.9840 | ConricPR.com | info@ConricPR.com

Proud to serve members of the legal profession.

Private Banking | Commercial Banking | Wealth Management Pete D’Alessandro Vice President 2247 First Street | Fort Myers, FL 33901 239-332-3527 pete.dalessandro@iberiabank.com www.iberiabank.com Investment Products: • Not FDIC Insured • Not a Bank Deposit • Not Insured By Any Federal Government Agency • No Bank Guarantee • May Lose Value

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

SEPTEMBER

5

“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.

6

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.

11

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.

12 13

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.”

20

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.

20

20

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.

26

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

10

RES GESTAE

⚖ September 2019

“We aareciate tt consistency tty have continued to deliver again and again.”

- FFt Myers residents Brad & Crystal Miier

CELEBRATING A HALF- CENTURY OF SERVICE

SATURDAY

OCT www.verandarestaurant.com

Helping Your Clients Achieve Their American Dream

by Providing Comprehensive Services for All Areas of Immigration Law Family Based Visas • Business Based Visas Waivers and Unlawful Presence Removals and Deportations

DeMine Immigration Law Firm, P.A. 239.208.2680

19

2019

6:30 - 9:30 P.M. " BURROUGHS HOME

COCKTAILS

"

PLATED DINNER

20’S

HORS D’OEUVRES

"

JAZZ BAND

ATTIRE OR BLACK TIE OPTIONAL

RSVP TO GET YOUR SECRET PASSWORD FOR ENTRANCE

239.334.6118 " LeeCountyLegalAid.org

SPONSORSHIPS AVAILABLE!

info@demineimmigration.com TITLE SPONSOR

1625 Hendry Street, Suite 103 Fort Myers, FL 33901 Lee County Bar Association

Foundation

Eligible to Practice Immigration Law Nationwide

Indera DeMine, Esq.

September 2019 ⚖ RES GESTAE

11

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

12

RES GESTAE

⚖ September 2019

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

13

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

14

RES GESTAE

⚖ September 2019

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

Family Mediation

Gail Markham is a CPA and CERTIFIED FINANCIAL PLANNER™, and has been certified as a Family Mediator by the Supreme Court of Florida since 1994.

She has devoted her entire public accounting career to educating and advising clients about financial issues, whether as a trusted business adviser, qualified expert witness, or family mediator. Her experience in litigation matters and keen understanding for numbers translate into a unique ability to assist parties in exploring settlement alternatives and resolving disputes.

Allow Gail to put her experience to work for you.

www.Markham-Norton.com y

8961 Conference Drive, Suite 1 / Fort Myers, FL / 33919 5185 Castello Drive, Suite 4 / Naples, FL / 34103 (239) 433-5554

The North Law Firm, P.A. Accident & Injury Attorneys

Call Joe to Refer a Client: (239)337-1191 Car & Truck Accidents Motorcycle Accidents Drunk Driving Accidents Serious Injury Cases Paralysis Cases Apartment Shootings Gun Violence Cases Courtroom Trials

Maximum Referral Fees

Workers’ Compensation Wrongful Death Cases Pedestrian Accidents Bicycle Accidents Dog Bite Cases Slip and Fall Accidents Negligent Security Cases Settlements

Joe North has been helping Clients with Injury Cases and Death Cases for more than 25 years.

Attorney Joe North

14241 Metro Parkway, 2nd Floor (In the United Fidelity Bank building), Fort Myers • TheNorthLawFirm.com September 2019 ⚖ RES GESTAE

15

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.

DON’T WAIT! SIX-DAY Transcript Delivery Serving Lee, Collier and Charlotte Counties

Depositions, Hearings and Trials · Courtsmart Transcription · Realtime · Interpreters Conference Rooms Available for Mediation · Free Wireless Access · Videographers Free ASCIIs, CDs, Keyword Indexes, and Condensed Transcripts

MeritCourtReporting.net · 239.481.1300 Free parking at all locations Maryanne Wagner, RPR, FPR

16

RES GESTAE

South Fort Myers 6213 Presidential Court Suite 100 Fort Myers, FL 33919

⚖ September 2019

Downtown 2022 Hendry Street Suite 104 Fort Myers, FL 33901

Naples 1415 Panther Lane Suite 303 Naples, FL 34109

Debbie Cail, Office Manager

LEGAL

CRIMINAL DEFENSE

NOTICE ADVERTISING

SCOTT T. MOOREY

NEED A PRICE ESTIMATE? Call 941-906-9386

275-5552

scott@GoodPeopleDoGetArrested.com

• Low competitive flat rates • Online verification • Electronic invoicing and E-filing capabilities • Qualified legal status • Professional staff to assist you

XNLV16351

1430 Royal Palm Square Blvd.

Suite 101 Fort Myers, FL 33919

Email: Legal@businessobserverfl.com businessobserverfl.com

Meet your legal notice requirements with our broad coverage to publish in Lee, Collier, Charlotte, Sarasota, Manatee, Pinellas, Pasco, Hillsborough, Polk and Orange counties, or any combination of the ten.

FLORIDA’S LEADING BUSINESS PUBLICATION

September 2019 ⚖ RES GESTAE

17

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.

18

RES GESTAE

⚖ September 2019

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.

MEN’S RIGHTS LAW FIRM Men’s Rights Aggressively Defended

Divorce • Custody • Child Support • Appeals An experienced team led by Board Certified Attorney Matthew P. Irwin, Esq. Advocating for men’s rights since 2003

We work to ensure that your legal interests are competently presented throughout your family law matter.

Free Telephone Consultation.

Practicing in Lee, Collier, and Charlotte Counties.

239.829.0166 • 4TheMen.com 2799 Del Prado Blvd., S. • Cape Coral, FL 33904

TECHNOLOGY, SOLVED. www.greenwireit.com

TELEPHONY & VOIP

MANAGED IT SERVICES

SMART HOME AUTOMATION

AUDIO/VIDEO SOLUTIONS

SURVEILLANCE WIFI & WIRED & SECURITY NETWORKS

WHO WE ARE Since 2008 our team of professionals has provided technology services and support to 1000’s of clients, both here in Southwest Florida and worldwide. With our dedicated staff of accredited engineers and technicians, you can rest assured that you will receive the highest quality personal service, whatever your needs.

12195 Metro Pkwy. Suite #5 Fort Myers, FL 33966 Email: info@greenwireit.com Phone: (239) 444-5522

September 2019 ⚖ RES GESTAE

19

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

2

1

3

4

Do you have a passion for the practice of Family Law?

JOIN OUR LEGAL TEAM!

If you are an attorney licensed to practice law in Florida and have 3+ years experience in Marital and Family Law Matters or Civil Litigation with trial experience YOU ARE PERFECT FOR US!

We offer

•a competitive salary •benefit package and •remote work-at-home flexibility

Send your resume to Careers@FamilyFirstLegalGroup.com

For a detailed job description, visit:

FamilyFirstLegalGroup.com 2950 Immokalee Road, Suite 2, Naples, FL 34110 | 239.206.3664

20

RES GESTAE

⚖ September 2019

Approaching mediation with the experience of a litigator, the impartiality of a neutral, and the determination of an active problem solver.

Certified Circuit Civil Mediator

employment cases • business disputes • civil litigation

Board Certified in Labor and Employment Law

Conducts investigations of workplace issues/employee complaints and audits of workplace practices for businesses throughout the U.S. Experience with private and public entities.

239-312-3258 WrightMediation.com Denise Wheeler Wright

ASSOC OF LEGAL ADMINS AD

Does your Firm's Business Continuity Plan Need a Makeover?

APPLIED FOR CLE CREDITS

October 9, 2019 • 7:30 - 10:30 a.m.

Registration/Full Buffet Breakfast 7:30 -8:30 a.m.

Embassy Suites

10450 Corkscrew Commons Drive, Estero, FL (I75, Exit 123)

Speaker: Kathryn N. Scourby, CBCP KNS Consulting, LLC ALA Members - $25 • Non-members $35 Please RSVP by October 4, 2019:

239.336.6261 • Susangalbraith@paveselaw.com

September 2019 ⚖ RES GESTAE

21

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

22

RES GESTAE

⚖ September 2019

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

23

Nominations are now being accepted for LCBA Executive Council Member-at-Large for 2020-21.

Court Appointed Receiver, Property Management and Specialty Oversight • • • • • • •

Please complete the nomination form at leebar.org by close of business on Friday, September, 13.

Estates Divorces or Family Disputes Guardianships Bankruptcy Property Oversight and Supervision Foreclosure ‘Workouts’ Litigation Support

Excellent Experience working with Lenders, Attorneys and Court Supervised Assignments.

Ballots will be mailed by Tuesday, October 15.

Voting closes on Friday, November 15 at 5 p.m.

24

RES GESTAE

⚖ September 2019

Kenneth P. Saundry, Jr. 239.348.1114 Clients Actively Seeking Acquisition Properties

RealEstateAdvisoryServices.co 215 Caribbean Road, Naples, FL 34108-3408

SWFL’S LARGEST INDEPENDENTLY OWNED COURT REPORTING FIRM Serving our Southwest Florida Legal Community in Fort Myers, Naples, Punta Gorda, Port Charlotte, Bradenton, Sarasota, and Venice NO FEES FOR: Scanned Exhibits PDF with Linked Exhibts

Electronic Delivery Condensed Transcripts and Word Indexes

Online Scheduling with 24/7 access to all repository files

FMReporting.com 239.334.1411 Scheduling@FMReporting.com 2180 west first street, suite 120 • fort myers, fl 33901

Jackie Burrell, RPR, FPR

September 2019 ⚖ RES GESTAE

25

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,

26

RES GESTAE

⚖ September 2019

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

Litigation Support & Forensic Accounting

Litigation can be a puzzle; fortunately, we have a qualified team of financial experts who dig into the details and piece together the facts, making complicated financial information accessible and understandable. From interpreting financial evidence to strategizing on the big picture to providing expert witness testimony for court, no matter is too large or too small.

Let us put the pieces together for you.

Copier Sales & Service Information Technology Services

We’re more than just a copier and information technology company, we’re a partner who’s got your back!

We offer comprehensive or basic network support options.

Network Engineering & Infrastructure Installation Network Management & Support Managed I.T. Service Agreement Network Security Computer Hardware & Software Repair Website Design, SEO, & Social Marketing Custom Built Performance Computers Time Clock Integration with Applications Quickbooks and CRM Software Integration Business Software Integration CCTV Installation and Online Integration Cat 5e and Cat 6 Installation Remote realtime support service delivered securely over the internet

www.Markham-Norton.com 8961 Conference Drive, Suite 1 / Fort Myers, FL / 33919 5185 Castello Drive, Suite 4 / Naples, FL / 34103 (239) 433-5554

MEDIATION, ARBITRATIONS AND GLOBAL SETTLEMENT CONFERENCES IN:

>>

PERSONAL INJURY

>>

NURSING HOME

>>

INSURANCE DISPUTES

>>

CONTRACT DISPUTES

>>

CONSTRUCTION

>>

REAL PROPERTY

>>

MALPRACTICE

EXPERIENCE IN DEVELOPING STRATEGIES AND PATHWAYS TO RESOLUTION!

FULL TIME

DENISE H. KENNEDY, ESQ. CERTIFIED CIRCUIT-CIVIL MEDIATOR | QUALIFIED ARBITRATOR

> > OVER 30 YEARS CIVIL LITIGATION EXPERIENCE REPRESENTING

PLAINTIFFS AND DEFENDANTS >> OVER 4000 MEDIATIONS AND ARBITRATIONS >> BOARD CERTIFIED IN CIVIL TRIAL LAW (1995)

Contact Armand today & see what Copy IT can do for your business!

Armand DeSapri, Owner

>> AVAILABLE THROUGHOUT 20TH AND 12TH JUDICIAL CIRCUITS WITH NO TRAVEL FEE

239.451.9494 armand@ftmyerscopier.com

September 2019 ⚖ RES GESTAE

27

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

28

RES GESTAE

⚖ September 2019

Is your client buying or selling a business?

We provide guidance and solutions for businesses with annual revenue between $500K and $50M. business valuations ■ business sales ■ acquisition searches exit planning ■ growth strategies ■ mergers and acquisitions

Contact Edison Avenue Capital, LLC 239.565.3171 SteveNiehaus.com 7181 College Parkway, Suite 40 • Fort Myers, FL 33907

Steven G. Niehaus

Business Broker/Business Intermediary

McHale, P.A.

• Expert Witness Testimony • Forensic Accounting • Litigation Support

FL License: SL3338271

TOGETHER, WE’LL FIND A SOLUTION

LAWRENCE A. FARESE CERTIFIED CIRCUIT COURT MEDIATOR

40+ Years of Litigation Experience

• Bankruptcy Matters

Board Certified Civil Trial Lawyer

• Receiverships

Call me directly at 239 213 1973

Board Certified Business Litigation Lawyer

• Distressed Business

Management

LAWRENCE A. FARESE LFARESE@ROBINSKAPLAN.COM DIRECT LINE: 239 213 1973

711 FIFTH AVENUE SOUTH | SUITE 201 | NAPLES, FL 34102

September 2019 ⚖ RES GESTAE

29

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.

30

RES GESTAE

⚖ September 2019

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.

September 2019 ⚖ RES GESTAE

31

Your

APPELLATE

GURU Local focus, statewide reach.

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

Christopher D. Donovan 239.213.3865 cdonovan@ralaw.com

• Former staff attorney for the Second DCA

With offices in Lee and Collier County.

RALAW.COM | ROETZEL & ANDRESS, A LEGAL PROFESSIONAL ASSOCIATION

A Prestigious Judicial Panel Discussing Effective Written & Oral Advocacy Moderator: The Honorable Darryl C. Casanueva, Second District Court of Appeal of Florida Panelists: • The Honorable Charles R. Wilson, 11th Circuit Court of Appeals Judge • The Honorable Steven D. Merryday, Chief Judge for the Middle District of Florida • The Honorable Sheri Polster Chappell, U.S. District Judge for the Middle District of Florida • The Honorable Mac R. McCoy, U.S. Magistrate Judge for the Middle District of Florida

Thursday, October 3, 2019 from 3:00 to 5:00 p.m.

Old Lee County Courthouse

Please join us for a cocktail and hors d’oeuvres reception at The Veranda 2122 Second Street, Fort Myers, Florida immediately following the panel discussion, from 5:00 to 7:00 p.m.

FREE for 2019-20 Members & Judges • Non-members $25

Register for this event and become a member at www.swflfedbar.org

32

RES GESTAE

⚖ September 2019

How We Work Together: •

We want to understand what’s important to you.

•

We’ll use an established process to build personalized strategies to help you reach your goals.

•

We will partner together throughout your life to help keep you on track.

Brad Jessen

Financial Advisor

Proudly Helping Families & Businesses Organize, Analyze, Preserve, and Transfer Wealth

A FULL-SERVICE LAW FIRM SINCE 1924

When it comes to mediation and arbitration, we understand.

Meet the Henderson Franklin attorneys ready to help:

Member SIPC

Brad Jessen, Financial Advisor 239.283.2582 edwardjones.com 12016 Matlacha Blvd, Suite C Matlacha Isles, FL 33991

35 Years.

3,500 Mediations.

Experience Makes the Difference.

LPR

Leonard P. Reina, P.A. Attorney ■ Mediator ■ Special Master

239.263.2059 www.LPReina.info LPReina@LPReina.com

Scott E. Atwood

C. Richard Mancini

Supreme Court Certified Circuit Civil Mediator

Supreme Court Certified Circuit Civil Mediator • FINRA Certified Arbitrator

Robert C. Shearman

G. Donald Thomson

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

Supreme Court Certified Circuit Civil Mediator

Scott, Richard, Robert and Donald are Supreme Court Certified experts in negotiation and mediation, and are available to assist in matters of: • Business and Civil Litigation, including Personal Injury • Circuit Court Mediation • Construction Law Disputes • Corporate Partnership Disputes • Employment Law and Civil Rights Disputes

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

Adapting. Changing. Moving forward. henlaw.com • 239.344.1100 Fort Myers • Bonita Springs • Naples

©2019 Henderson Franklin Starnes & Holt, P.A.

September 2019 ⚖ RES GESTAE

33

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

Garvin Law Firm

Levins & Associates, LLC

Viles & Beckman, LLC

Geraghty, Dougherty, Edwards & Stockman, P.A.

Maughan Law Group

Yeslow & Koeppel, P.A.

Is your firm part of the 100 Club? Any firm with two or more attorneys and 100% membership in the LCBA qualifies.

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

DONNA TISCH M E D IATIONS • ARBITRATIONS “We take an Active Role...

We Never Give Up!” Full-Time

Certified Circuit Civil Mediator • Qualified Arbitrator AV Rated ~ Board Certified Civil Trial Lawyer (1998)

Serving Lee County - Tuesdays only Charlotte County - any day Schedule Mediations and Arbitrations Online at

DonnaTisch.com 239.826.3644

34

RES GESTAE

⚖ September 2019

Sproat Workplace Investigations The employment law firm dedicated to responsible fact-finding.

We conduct thorough, timely and unbiased workplace investigations for employers and their counsel.

SWI is a law firm exclusively dedicated to empowering you and your clients to make sound workplace decisions.

Workplace Investigations • Investigation Consulting Investigation Training • Courtroom Testimony

239.676.0200 • VSproat@SWInvestigations.com

SWInvestigations.com

Vicki Sproat, Attorney

KEMPTON P. LOGAN Certified Mediator/Arbitrator • Certified Circuit-Civil / and Federal Mediator since 1991

Since its inception in 1985, Direct Impressions continues to produce Southwest Florida’s highest quality commercial printing, digital printing, and effective direct mail campaigns.

Call today to see how we can grow your business!

• Panel Arbitrator, American Arbitration Association and 20 th Judicial Circuit • Over 30 years civil litigation experience in Southwest Florida, including Personal Injury, Contract, Partnership, Real Estate, Insurance, and Probate.

• Available for Court ordered or private arbitration.

1335 MIRAMAR STREET • CAPE CORAL, FL 33904 239.549.4484 • WWW.DIRECTIMPRESSIONS.COM

• www.kemptonlogan.com For Scheduling - Please call (239) 470-7190 or email: loganlaw@earthlink.net

September 2019 ⚖ RES GESTAE

35

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.

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

A respectful approach to divorce.

Client-centered, child-focused, problem-solving transition from marriage.

Divorce does not have to be a destructive process.

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

36

RES GESTAE

Sheldon E. Finman, Esq.

⚖ September 2019

2134 McGregor Blvd., Fort Myers, Fl 33901

Thank yy...

FOR CONTINUING TO TRUST US WITH

YOUR CLIENT’S INJURY CASE. Jeff

Cell: 239.940.9716

AS ALWAYS, WE WILL PROVIDE COMPETENT LEGAL REPRESENTATION AND PAY YOU THE MAXIMUM REFERRAL FEE ALLOWED BY THE FLORIDA BAR.

Leland

Cell: 954.294.2005

CHECK OUT OUR NEW WEBSITE - WWW.GARVINLEGAL.COM

RESPONSIVE OCCUPATIONAL REHABILITATION, INC.

A Disability Management Company

Chuck Nieves, M.A., C.R.C., C.V.E., C.C.M., C.L.C.P., V.E. Vocational Rehabilitation Expert

3049 Cleveland Avenue, Suite 241, Fort Myers, FL 33901 Phone: (239) 275-6598

Email address: vocexpert@hotmail.com

Website: www.vocationalexpert.org “Helping people be Independent“

ADVERTISE HERE! Contact Linda Fiore 239.690.9840 or Linda@ConricPR.com September 2019 ⚖ RES GESTAE

37

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.

LEARN HOW WE CAN SAVE YOU TIME AND MONEY TO HELP YOUR PRACTICE GROW. • • • • • • • •

QuickBooks Product Selection QuickBooks Setup & Implementation Bookkeeping Onsite/Offsite - Monthly, Quarterly, Annually Trust Accounting Case Management Integration - Cloud/Desktop Payroll Discounted Rates We Work With Your Needs and Budget in Mind

OUR SOLUTIONS ARE TAILORED TO YOUR PRACTICE! O: 239.541.0097 • C:239.357.5595 TotalQuickbooksSolutions.com Carrie@TotalQuickbooksSolutions.com Carrie Kane, Owner/Operator

38

RES GESTAE

⚖ September 2019

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

39

#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

40

RES GESTAE

⚖ September 2019

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. ⚖

Proactive Legal Solutions for Employers

Your business is our business.

Employment ■ Business ■ Government John Potanovic, Suzanne Boy, and John Agnew

We represent businesses in employment law matters – from hire to termination and everything in between. We provide legal counseling and training to help employers identify legal risks, and collaborate with them to create solutions that work for their workplaces, both private and public sector. While our goal is typically to help clients avoid claims and lawsuits, when litigation cannot be avoided, we are also experienced litigators prepared to defend our clients through trial and appeal.

bapfirm.com ■ 239.208.6500 4415 Metro Parkway, Suite 110 | Fort Myers, FL 33916

EXPERIENCED. CONFIDENT. AGGRESSIVE. Criminal & DUI Defense Family Law & Divorce Representation

Attorney Katheryn Calvo

Board Certified in Criminal Trial

Attorney Jose Calvo Former Prosecutor

Se Habla Espanol

239.332.5501 CalvoLaw.com 1534 Jackson Street • Fort Myers, FL 33901

September 2019 ⚖ RES GESTAE

41

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.

42

RES GESTAE

⚖ September 2019

L A W

F I R M

Providing a beacon of hope for

A BETTER LIFE A full-service immigration law firm: • • • • •

Investor Visas (E-2, L-1) Waivers Visa Petitions Abroad U.S. Citizenship Green Cards

• Marriage and Family Petitions • Religious Visas • Removal/Deportation Defense

An empathic approach and a global presence.

“We couldn’t have asked for a better team to represent us... They guided us through the lengthy process with the best advice, patience and the utmost professionalism. They really cared about our file and were always there for us along the entire way! When we finally got our E2 visa and visited them at their office they were sincerely happy for us like your own family would be. We highly recommend Pablo and his entire team...” ~Elke and Fredrick

(239) 309-2558 HurtadoLawFirm.com 4461 Camino Real Way • Fort Myers, FL 33966

Esq. 43

September 2019 ⚖ Hurtado, RES GESTAE Pablo

PRSRT STD U.S. POSTAGE

PAID

FT. MYERS, FL PERMIT NO. 147

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

WE MA K E BA N K IN G AB O U T Y O U !

HERE FOR YOU‌YESTERDAY,

today and tomorrow.

Experience the difference

a local bank with longevity and lending strength can provide.

The oldest locally owned and

chartered community bank in Lee County, Edison National Bank has a 21-year track

record of providing exceptional customer service with on-site

decision-making. Our dedication is proven... come in and see how we make banking about you!

Lending Team – From left back row: Geoffrey Roepstorff, CEO; John Ammons, Vice President, Cleveland Avenue Office Manager; Liz Aurensan, Vice President, Lending; Robbie Roepstorff, President. From left middle row: Darrin Grotrian, Asst. Vice President, Lending, Sanibel-Captiva Asst. Office Manager; Kim Nyberg, Vice President, Professional & Executive Banking; Greg Blurton, Vice President, Commercial Lending.

To learn more about our customer From left front row: Leah Kirby, Vice President, services and convenient locations, River District Office Manager; Willy Ocasio, please visit EdisonNationalBank.com Vice President, Sanibel-Captiva Office Manager; Pam Edwards, or call 239.466.1800.

Vice President, Lending.

An Equal Housing Lender | Member FDIC | Bank of the Islands is an office of Edison National Bank.