CCBA - Adverse Witness - July/August 2022

CCBA - Adverse Witness - July/August 2022

ADVERSE WITNESS VOL. 210 JULY/AUGUST 2022

A publication of the Collier County Bar Association

Adverse Witness

Small Enough To Care, Big Enough To Deliver!

2315 STANFORD COURT, SUITE 301 NAPLES, FLORIDA 34112 Located adjacent to the Collier County Courthouse 5237 SUMMERLIN COMMONS BLVD., SUITE 315 FORT MYERS, FLORIDA 33907 Located near Southwest Florida International Airport DIAMOND COURT REPORTING 2080 RINGLING BLVD., SUITE 201 SARASOTA, FLORIDA 34237 One block from the Sarasota Police Department

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PRESIDENT’S MESSAGE Edward Larsen FORT MYERS, FL PERMIT NO. 808 FORT MYERS, FL PERMIT NO. 808

I am greatly honored to be the 2022-2023 President of the Collier County Bar Association. As many of you know, I started my career in New York. After several years working as an attorney in New York my family and I relocated to Naples. It was the best career decision I ever made. On my first Monday in town, I joined the Collier County Bar Association. The following Wednesday afternoon the Real Estate Section of the CCBA was meeting at Carrabba’s on Tamiami Trail North at 12 noon. I arrived at the restaurant at 11:45, and only our Executive Director, Lisa Terwilliger, was in attendance. A few minutes later Tom Collins, who was just installed as the Chair of the Section, arrived, put his hand on my shoulder, and

3315 East Tamiami Trail, Suite 505 Naples, Florida 34112 3315 East Tamiami Trail, Suite 505 Naples, Florida 34112

July / August 2022 Vol. 210 published in the Adverse Witness, nor are the articles published in the Adverse Witness intended to express the views of the Collier County Bar Association. If you have questions or concerns about information contained in articles published in the Adverse Witness, please contact the author of the article directly. The adverse witness is pleased to feature articles submitted by Collier County Bar Association members, affiliates and the general public that may be of interest to the Collier County Bar Association’s membership. The Collier County Bar Association does not verify the accuracy of the information contained in the articles Adverse Witness Editorial Board Publication Deadline: 10th day of month preceding publication Officers President Edward Larsen President Elect Rachel Kerlek Treasurer Christopher Donovan Secretary Jamie Schwinghamer Immediate Past President Andrew Reiss Executive Director Lisa A. Terwilliger Directors Section Chairs ADR - James Chandler Family Law - Katelin Marshall Real Estate - Noel Davies Trial Law - Alex Figares Trusts & Estates - Geena Kandel Young Lawyers - Zachary Lombardo Collier County Bar Association 3315 E. Tamiami Trail, Suite 505 Naples, Florida 34112 (239) 252-8711 (239) 775-5858 Fax [email protected] www.colliercountybar.org Hours: 8:30 - 4:30 p.m. M-Thu 8:30 - 4:00 Fridays Hilda Cenecharles Rachael Loukonen Donna Marshall Patrick Neale Emma Osborne James Stewart Charles Whittington

heartily welcomed me to Collier County. That simple gesture by Tom was all I needed to confirm that I had made the right decision. (By 12 noon the restaurant was packed with 50 attorneys who all arrived within minutes of each other and proceeded to thoroughly enjoy the luncheon). I was greatly influenced by Tom’s initial welcome and have tried to emulate his generosity of spirit whenever I meet an attorney who has just arrived in town. I was quick to learn, however, that the warm embrace I received from Tom was not uncommon among our colleagues. Whether in Court or at a Bar function, the majority of Judges, Magistrates, and attorneys I have met over the last many years throughout the 20th Judicial Circuit have not only been been professional, but also very collegial and hospitable. As time went on, I met several other attorneys who assisted me in establishing my practice and settling in as a Southwest Florida attorney. Notable among these attorneys were Pat Neale, Joe Lindsey, John P. Cardillo, Joe Cox, Mike McDonnell, Chuck Kelly, and the Hon. Kathleen Passidomo. (It was Joe Cox who gave me my first job in town). These attorneys have shared their knowledge, forms, caselaw, and even clients with me, allowing me to support my family and grow in my profession. To these colleagues, and many others, I will be forever grateful. A major milestone in my professional career was when I was appointed as a part-time General Magistrate for the 20th Judicial Circuit, assigned to Hendry and Glades Counties, in January 2010. Although sworn in by former Chief Judge Keith Cary, my appointment was due to the recommendations of Hon. Christine Greider, Hon. James Sloane, Hon. Jack Lundy, and Case Manager Deb Mravic. I have served the Circuit for over 12 years, and each and every day I have been grateful for this opportunity. Now, 12 years later I remember my first day, January 11, 2010, as a Magistrate in the Hendry County Courthouse as if it was yesterday. Not because it was my first day, or even for what I did or not do in my assigned courtroom on the first floor. Rather, January 11, 2010, is distinct and memorable for what I witnessed in the third-floor courtroom that morning. Before the Circuit Court that day was a murder trial. It was a gruesome, heinous crime. I was early that day, and my docket did not start until 10 a.m., so I rode the elevator up to the third floor just before 9 a.m. to sit in the gallery and view the start of the trial. A few minutes after I arrived the defendant was brought out, his hands and feet shackled. He was extremely agitated, his muscles were tensed, his rigid shoulders up near his ears, he was lashing out at the bailiffs, the state attorneys, and even his own defense counsel, and he refused to take his seat. At 9 a.m. sharp, Judge Greider came through her chamber’s door and took her bench. After briefly taking note of what was occurring, Judge Greider leaned forward to address the defendant. CONTINUED ON PG. 8 MEDIATION & ARBITRATION

MEDIATION & ARBITRATION

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THE VIEW FROM MY DESK

Lisa Terwilliger AW

HOUSEKEEPING! It’s hard to believe that we have finished another busy and successful season for the CCBA. It was my 15th and while some things get easier, we try to never become complacent or to simply accept the status quo because that is the way it’s always been done. Much like those who make resolutions every January, the CCBA creates new goals,

retreat. We’d also appreciate it if you would consider becoming a member of the service. You’ll be glad you did. Next on my checklist is to remind you to renew your CCBA membership if you haven’t already done so. Current memberships expire on July 15th. Let us know if we can assist you in any way. We don’t want to start the new season without you. Probably the most fun thing on my list of to-do’s is to remind you about all of the great events that we have in store for you. Of particular note is the Disco Fever Casino on July 23rd. Our Foundation is hosting this event at Vineyards Country Club. We’ll have dinner, casino gaming, and live music by Almost Abba included in your admission ticket for $100. Proceeds of this event support The United Way of Collier and the Keys. You get to relive the swingin’ 70’s, or experience it for the first time, all while helping a wonderful local charity! Wear your best ‘70’s attire because you can’t boogie all night in a business suit! The events don’t stop there! Look for details about other summer and fall events as they become available. I also wanted to let you know to be on the lookout for a brand new website. I’m coding as fast as I can and hope to have it ready for launch in the fall. It will be modern, user friendly, mobile friendly, and loaded with all types of important information. I hope you’ll be as excited about it as I am. And as always, the most important thing on any of my checklists is to thank you for being a member. None of this happens without you. We always want to make your membership a meaningful pleasant experience. To that end, I want to hear from you. Your ideas and suggestions can only help us to make it even better. Here’s to a gangbuster 2022/2023 season. We’ll see you there!

projects, and objectives for the upcoming season. I wanted to use this space to let you know about some of the great things in the works. But first I would be remiss if I didn’t acknowledge the people who made this past year so great. Andrew Reiss, our outgoing president, was a delight – easygoing, creative, attentive, and dedicated to getting it right. He and the rest of our board are devoted to this association and it shows. I look forward to an equally stellar season this year! Also, a huge shout out to the section chairs that work diligently to get great speakers and make our CLE experiences worthwhile. And finally, none of this is possible without the generosity of the sponsors. They enable us to keep pricing reasonable while offering events that would otherwise be out of our reach. One of the first things to note is the relatively new Attorney Wellness Initiative. We’ve recently launched the second phase of this program, The Peer-to-Peer Network. You can read more about both in this issue and on our website. Countless hours have been spent crafting this crucial program. The CCBA is leading the way in supporting the mental health of our members. What we are doing here is being noticed by other associations. Let’s hope they can create similar programs to support their attorneys. You’ll also have recently received a request to complete a survey regarding our Lawyer Referral Service. As you may have read in that email, the demand for the service is growing so we need more attorneys. We are doing everything that we can to make it the best Lawyer Referral Service around, but we can’t do that without a solid panel of attorneys to meet the demand. If you haven’t filled out the survey yet, please consider doing so. We’ll be reviewing the results at the upcoming board

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CLERK OF COURTS

Crystal K. Kinzel AW

In February 2017, a 17-year- old expelled student returned to his former school with his legally purchased AR-15 rifle and committed what would become one of the deadliest High School shootings in American History. The incident in Parkland, Florida left 17 people dead and another 17 injured. The mass shooting took over national headlines, prompted cries for gun safety legislation and left an indelible mark on The Sunshine State.

If a Risk Protection Order has been granted, the Respondent must immediately surrender all his or her firearms, ammunition, and any license to carry a concealed weapon or firearm to the Law Enforcement officer who serves the order to the Respondent. Law Enforcement would then schedule a Compliance Hearing within three days, where the Respondent must show proof that they’ve surrendered all guns and ammunition. The Risk Protection Order will remain in place until the date written on the order. The maximum time for an order is one year, but it can be extended if the court sees fit. Once a protection order has been entered, the Respondent may make one written request for a hearing to vacate the order. During the hearing, they have the burden of proving, by clear and convincing evidence, that the order should be vacated based on reasons set out in the Florida Statutes. During the time the Risk Protection Order is in effect, the Respondent will be prohibited from purchasing, attempting to purchase, receiving, or possessing any firearm or ammunition for that specified period. Within 30 days prior to the expiration of the order, Law Enforcement may file a motion to extend the order and the court will hold a hearing to determine if the order should be extended. In the event the Risk Protection Order is extended, the Respondent would have another opportunity to submit a request to vacate the order. Should the Risk Protection Order be vacated or end without extension, Law Enforcement will return all seized guns and ammunition, after confirming through a background check that the Respondent is currently eligible to own or possess such materials. Gun safety has become a prominent issue in the State of Florida and throughout the country. Since the Marjory Stoneman Douglas High School Public Safety Act became effective, we have entered 72 Risk Protection cases in Collier County. Sincerely, Crystal K. Kinzel Collier County Clerk of the Circuit Court and Comptroller

One year later, The Florida Legislature responded by passing Florida Statutes sect. 790.401, more commonly known as The Marjory Stoneman Douglas High School Public Safety Act or the “Red Flag Law”. The design of the law is to “enhance public safety by restricting firearm and ammunition possession by a person who poses a danger to himself or herself or others.” But how does a Risk Protection Order work? Who can file one? What does this mean for those who have their property seized? Only Law Enforcement may ask a court to enter a Risk Protection Order against someone that may be a danger to themselves or others. An individual can make a request; however, they would need to contact their local Police Department or Sheriff’s Office. That individual would need to provide Law Enforcement with information regarding the person, including their current mental condition, any threats or acts of violence that were made and any other facts that raise a concern for safety. A description of the firearms and ammunition in question would need to be provided to help Law Enforcement thoroughly assess the situation. Once Law Enforcement has been notified of a potentially dangerous individual, they must investigate the claim to determine if they should petition the court for a Risk Protection Order. Should the Respondent meet the criteria for a Risk Protection Order, Law Enforcement will file a petition and affidavit with the Clerk of Courts, who in return will enter the case and the court will set a hearing that day for a Temporary Risk Protection Order. The temporary order will set a hearing for a Final Risk Protection Order within 14 days.

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A VIEW FROM THE BENCH: HOW TO SPEND YOUR SUMMER VACATION

The Honorable Judge Joseph G. Foster AW As I write this article, it is early June and as you receive it, it will be early July, so I thought, in keeping with our Attorney Wellness Initiative, I would play with the theme from elementary school and propose some ideas on how you should spend your summer vacation (whether you take an actual vacation or not). Before I begin, I would like to join with many other voices, and publicly thank everyone that had a hand in pulling together such an awesome program for our local bar. The Attorney Wellness Initiative was incredibly needed and offers tremendous benefits to all our attorneys. You all know that the practice of law is stressful, and from time to time, it is helpful to have a voice different than your own to talk to and bounce ideas off of. This initiative offers that and more. So thank you to everyone who had the vision, participated in the steering committee, helped raise and/or donated resources to make it a reality, gave of your time to be trained to be a peer mentor, and to the many attorneys that have begun utilizing the services offered. It is important in all jobs and professions, but it is critically important in ours, for “adults” to make and take time to “disconnect” and “smell the roses”. As you all know, it does not just happen. You have to make a conscious effort to “schedule” it into your lives. But I can guarantee you that if you repeatedly make that conscious decision, it becomes easier and more natural until you find that you don’t have to make as much of a conscious choice and you will have incorporated the philosophy into your day-to-day lives. We live in such a “connected” world, with immediate and unfettered access to voicemails, emails, texts, tweets, and a variety of social media platforms that our clients, friends and family members utilize to communicate with us. In a world of instant gratification and messages in 140 characters it seems like it is no longer acceptable to stop, think about a question, and then provide thoughtful legal advice, or to be “unavailable” for any period of time. I suggest that it is almost always better to slow things down

and ask appropriate follow-up questions, to make sure that the information your client or supervisor is asking for is the actual information they need and it is also important to set some boundaries in your personal life so you can “get away” from your work. You will find that if you set those boundaries, and articulate them with your clients and/or your supervisors in advance, they will come to understand and respect those boundaries from you. Of course, there will be actual emergencies that will take you outside of the boundaries that you set, and you will have to accept that, but make sure that those situations are actually “emergencies” and that those “emergencies” do not happen so often as to become a routine that overtakes your ground rules. Better yet, make sure that you establish a support system that can cover your emergencies when you are disconnecting, and offer to do the same for the members of your support system. In that way, everyone gets the same opportunity to disconnect from time to time. Also, if you absolutely cannot disconnect for an entire day while you are vacationing with your family, please do not be like a much younger me, and check your emails while waiting in line with your kids at Disney World! Set-aside some agreed upon time with your family that you will be doing some work each day. For me, that time was in the evenings after my kids had crawled into bed. If you can do this, then you do not miss out on the little things that come up while hanging out with your children. Also, if you have agreed upon ground rules, you will find that your spouse or significant other will not get as upset with you. Finally, you will not get drawn back into your work world and the stresses that come with it, while you are trying to relax and enjoy your family time. What types of activities can you do? If you are single, get out and explore the world, or the state of Florida, or even your own backyard. We live in an amazing place, make sure you make it a priority to get out and explore it from time to time. If you have a young family, also explore, but remember to take time for the little things, i.e. tea parties, building pillow forts – or actual forts, playing catch or hopscotch or board games, going to the beach or for a swim, or just exploring where your child’s imagination takes you. CONTINUED ON PG. 8

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THE NONCHALANCE OF ‘ISMS

Kathy Hackley, M.C.J. AW

Thank you for joining me for this one-sided conversation. Bear with me as I share my understanding of ‘isms. The definition of the suffix, ism, is as follows… 1. A distinctive doctrine, cause, or theory 2. An oppressive and especially discriminatory attitude or belief. (Merriam-Webster). I will not define nonchalance; I think we all know what it means. So, the “Nonchalance of ‘isms” may be interpreted as a casual utterance or interaction used to remind a certain sect of people to remain within the stereotypical box that society created for them or that they created for themselves. Whether it be racism, sexism, colorism, liberalism, conservatism, or any other characteristic the ism is attached to; when it is utilized it can become divisive and oppressive. I believe there are three main ways people can be separated by ‘isms. The first is overt, probably the easiest ism to identify. Examples of this could be calling someone a racial slur, refusing to serve people based on a specific characteristic or verbally demeaning someone based on a specific belief. Hopefully, we can all agree that this type of behavior is easy to recognize and combat. Then we have covert ‘ism use. This is a little harder to immediately recognize as it tends to be undercover, hence its name. This is a pattern of diminishing someone through actions and words because of a bias that has been left unchallenged. Covert racism could be discarding resumes when the names sound too ethnic or attaching a limitation on certain employment candidates because the duties are perceived as more suited to a male or female. It takes a little longer to uncover the use of covert ‘isms. But a pattern does eventually emerge. Finally, we come to the use of nonchalant ‘isms. This is a phrase I coined years ago when I relocated from Georgia back to Washington State as an adult with my husband and high school age children. I bring this up because it was quickly obvious that different areas of this country employ combinations of ‘isms in different cocktails. I immediately recognized the use of nonchalance as a tool to separate, divide, demean and / or oppress. Nonchalant ‘isms, in my opinion, are the most insidious use of ‘isms. A person exposed to this type of exchange may find it difficult to define why they walked away from an interaction feeling slighted. The dismissive nature of nonchalance in this form makes it difficult to combat; it is bigotry shrouded in passive aggressiveness. Use of nonchalance forces a person to disprove something that they are not even aware of and fail a test they did not know they were taking. Imagine a school aged child trying “unsuccessfully” to engage in a classroom and the teachers’ bias -belief that the child is less than because of a certain characteristic -

transfers itself to the child. The teacher never calling on the child when the child’s hand is raised or showing surprise when the child does get an answer correct, is diminishing. This same child could combat the use of overt ‘isms by specifically addressing the words or outward actions of the teacher. The child may eventually notice a pattern with covert ‘isms and be able to prove that the teacher has a bias. But nonchalant ‘ism use just makes the child feel inadequate and stupid. Even if the child or his parent tries to address the issue, the teacher typically can hide behind ignorance of the bias or blame the child for being “overly sensitive.”. Similarly, nonchalant isms tend to be buried in jokes. Jokes that on the face seem harmless, but in truth are degrading to others. Usually when these “jokes” are challenged there is the response that “oh you can’t take a joke” or “why are you so sensitive” or the worse response - tears and statements like “I am not biased, I have friends who are…such and such.” And “why are you being so mean and angry, it was just a joke.” To end I must say that we all have some type of bias, the key is to be honest with ourselves. Stop hiding behind arrogance, guilt and/or fear. Learn how to recognize the appearance of your bias and then mitigate the impact it has on others. Many of these biases can be neutralized through diversity of exposure and relationships; maybe step out of your self-confirming silo of interactions and face yourself in a different environment. Remember you do not have to agree with, love, or even like all people… but you must live in the world with them, so stop inflicting wounds because of your brokenness. Kathy Hackley, M.C.J. Mediator, author, consultant, speaker and advocate… but most importantly wife, mother and Yaya to four grandchildren.

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CONTINUED ARTICLES Adverse Witness: A Publication of the Collier County Bar Association AW

Presidents Message CONTINUED

A View From The Bench CONTINUED

Looking directly at the defendant, as if there were no one else in the courtroom, Judge Greider said to him as follows: “I am here to honor and protect your rights.” The sincerity of the Judge’s words and unmistakable intent were not lost on the defendant. As soon as he understood what Judge Greider said to him his muscles started to relax, he was no longer resisting the bailiff’s instructions, and he took his seat. This transformation in the defendant’s attitude and conduct was amazing to watch. With that single sentence Judge Greider assured the defendant that he would be fairly tried, and the proceedings commenced. I remember Judge Greider’s words today as if they were said only this morning. To the best of my ability, I have tried to live up to the aspiration of honoring and protecting the rights of those who come before the Court to which I am assigned. Finally, I would like to thank my parents (Kathleen and Edward), my children (Alexandra, Kathleen, and Edward), my paralegal Nina Griffith, and my ex-wife Agnes, for their support and encouragement. My mother was actually a legal secretary / paralegal in New York during the 1950’s and 60’s. It was Agnes’s suggestion, however, that I attend law school. Agnes then tutored me before I took the LSATs and worked nights and weekends to support me during those law school years for which I shall be forever grateful to her. Respectfully, Edward L. Larsen Edward L. Larsen, President

If you have a family in the teen years, you will have lots of time while you chauffeur them to various events, competitions, and/ or lessons around the state. Enjoy that one-on-one time with your child as a captive audience. Sure, there are lots of hassles that come with those trips, but remember you are all together and that is quality time that you will never get back. Also, while you are in this phase, make sure that you take some time off as a family from their activities every so often, so you model good behavior for their futures. If you have grown kids, take time to re-engage with your significant other, re-engage with service opportunities in the community, or just get out and explore again with a different perspective. At any stage, you can also always read, garden, golf, fish, hunt, boat, or get exercise, or anything else that you enjoy. The important thing, whether you actually take a trip and get away, or are just hanging out around the house, please remember to take the time to do the things that make you feel good and give you an escape from the pressures of the practice of law and carrying the burdens of others all the time. Making that conscious effort to “disconnect” from time to time is incredibly healthy.

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LION OF THE LAW RETIRES, RECEIVES MULTIPLE HONORS

By the Honorable Janeice T. Martin AW

Just two weeks later, on May 6th, the FACDL dedicated their Headquarters in Tallahassee to Jerry, under whose leadership as FACDL President the property was purchased and renovated for the organization. Several of us were privileged to join Jerry and his family in Tallahassee to celebrate the newly christened “Berry Building,” including all of his beloved co-workers and three of his fellow Lions and dear friends, Ed Cheffy, John Cardillo and John Passidomo. Through it all, we know that Jerry’s greatest pride has always, and will always be his accomplishments at home. The beautiful family that he and his wife Cathy have built are very much enjoying this time with him. On behalf of the CCBA and all of us who are fortunate to be a part of Jerry’s extended family, we congratulate him on his truly extraordinary career.

Disclosure: some bias may be apparent in the following article 1 Jerry Berry has retired, and it is indeed the end of an era. His career has spanned five decades, and his memorable name has been synonymous with intellect, perseverance, integrity and dedication. In his relatively short time as a prosecutor, first in Polk County, and then in Collier, Jerry served with distinction. But while it is often said that the best lawyers can easily argue either side of a case (and Jerry surely could), it seems that fighting for the underdog and being the voice for the voiceless was what Jerry was born to do. Jerry has internalized the philosophy behind our constitutional protections in a way most lawyers never will: innocent until proven guilty, entitled to a trial by a jury of one’s peers, entitled to a vigorous defense by counsel in an adversarial proceeding before a neutral magistrate. You will never hear Jerry apologize for doing a job that so few people - even colleagues - can fully understand. Over time, justice officials could only smile when they heard an accused person swear, “I will hire Jerry Berry!” as they quietly admitted to themselves, “Yeah, buddy, I will do the same thing if I ever find myself in your shoes.” To judges and prosecutors, he has been a patient teacher. Jerry doesn’t so much argue as aim to educate - if you could simply understand, then you would, no doubt, agree. Among his many leadership roles, Jerry was the President of this Bar (CCBA), the President of the Florida Association of Criminal Defense Lawyers (FACDL), a Founder and President of the Collier County Association of Criminal Defense Lawyers (CCACDL), and most recently, the Board Chair for Innocence Project Florida. For all of these reasons, it is extremely fitting that Jerry’s retirement has been met with multiple honors bestowed in recognition of his extraordinary contributions to the Bar, and to his career spent defending the accused.

First, on April 22nd, the CCBA recognized Jerry’s service to the Bar and to others in the profession by awarding him the Medal of Honor. To all who know Jerry, it was fitting that he had to miss his own celebration because of a prior commitment to spend time with family. Happily, Jerry recorded a video message for all in attendance, and his former law partner, the Honorable Shannon McFee, dutifully and eloquently accepted the award on Jerry’s behalf. 1. I want to express my gratitude to my colleagues for patiently understanding over these last 13+ years why I could never preside over any of Jerry’s cases; thank you all for generously accepting those reassignments.

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LEGAL AID UPDATE/MEET THE TEAM PROFILE AW Legal Aid Service of Collier County (LASCC) proudly selects Lisa Williams, Esq., as Attorney of the Month for June. Lisa Williams supervises the Estate Planning and General Practice Clinic course for Ave Maria School of Law in Naples, Florida. She is also a Professor and teaches Wills, Trusts, and Estates for the Law School. Lisa is licensed to practice law in Florida, Illinois, and Minnesota. She holds her Juris Doctorate from The John Marshall Law School, Master’s of Business Administration with emphasis in Finance and Specialization in Derivatives from Loyola University in Chicago, and Bachelor of Science in Finance from Indiana University. Ms. Williams has served others for over 25 years in the financial services and legal profession. Additionally, she has been a huge supporter of Legal Aid throughout the years by partnering with us to do various clinics where she empowers and supervises her students while helping those in the community to complete first time Wills. Ms. Williams has a passion for training, teaching, and mentoring others and does not hesitate to go above and beyond when it comes to helping our clients. In fact, Lisa recently visited a client who was in the hospital in order to complete a Will that was essential for her family’s stability. After the client passed Lisa also proceeded to help the husband by providing him with the legal help he needed. Lisa’s big heart is not just limited to humans. She is also a former board member for the Humane Society Naples, where she adopted a 125-pound Great Dane/lab rescue. For this and so many other reasons, we are pleased to announce that we have selected Lisa Williams as our Attorney of the Month for June 2022. Legal Aid Service of Collier County (LASCC) proudly nominates, Beverly Brennan Esq., as Attorney of the Month for July. Beverly is currently a partner at Mclaughlin and Stern LLP. Prior to this she was the founder of the Law Offices of Beverly Brennan, P.A. She focuses her practice on family law matters and has been helping families in need since 1986. Beverly graduated with honors from Western New England College School of Law in 1986 and became a member of the Massachusetts Bar in the same year. She practiced family law and developed what was to become a lifelong interest in children’s legal issues and the effect of litigation on children. After relocating to Florida, she was appointed to the State Attorney’s office, where she was a prosecutor for both Lee and Collier Counties. She is also a member of the Federal Bar and was admitted to practice before the U.S. District Court for the District of Massachusetts and the Middle District of Florida and the U.S. Supreme Court. Beverly is no stranger to helping those in need and volunteering whenever she gets the chance. Most of her volunteer and community work is with young people. She regularly volunteers as a judge for Florida’s high school mock trial competition, acts as a judge for Teen Court, and sponsors Girls on the Run. She has served as a pro bono attorney through Legal Aid for more than 15 years. Here at Legal Aid she has been an invaluable asset to our organization as she previously served on the Board of Directors. Beverly and her firms have sponsored numerous Legal Aid events over the years, including the Barrister’s Bash and Art Aid Quick Draw charity art auction. Recently, Beverly was able to assist us during a clinic by providing advice and counsel to 5 clients; all of whom received valuable and specific directions on how to proceed next. We are thankful for Beverly and all of her many contributions to Legal Aid, and we proudly honor her as our choice for Attorney of the Month July 2022.

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Prior to working for Legal Aid, I worked in a Criminal defense law office for Musca Law. I am multitalented so I would help each department. I did a lot of administrative work and also worked with an attorney who defended DUI’s as her legal assistant. Currently, I am still in school and about to graduate with a bachelor’s degree in legal studies at Hodges University. After college, I would like to go to law school. Working for Legal Aid is meaningful to me we assist members of the community in legal matters who would not be able to afford representation. Growing up as part of the community we serve makes it very personal to me because we provide justice to all different types of people and diverse populations. Working for the Pro Bono Unit is a privilege and I thank the lawyers that give their time to do good for the people.

Summer Trusts and Estates Pro Bono Clinic - reaching underserved and vulnerable communities Here at Legal Aid we recognize the importance of every adult having a basic estate plan in place. We frequently receive probate cases for that are more complicated than necessary due to the lack of a simple Will, which would have protected the loved ones and assets of our clients. However, we know that not everyone in our community has the same knowledge or access to resources. That is why we would like to launch an initiative to educate underserved and vulnerable populations about the importance of Wills and basic estate plans. Our summer 2022 Trusts and Estates Pro Bono Clinic will have two components – outreach and the furnishing of Wills and basic estate planning documents to eligible clients in need. We will be at the Naples Pride Event on July 9th as well as at other outreach opportunities throughout the month of July. This initiative will culminate in a clinic during the week of August 22, 2022, where we will have volunteer lawyers draft these simple, but essential, documents for our clients. We need pro bono attorneys! If your expertise includes trusts and estates and you would like to volunteer your time to prepare Wills and other basic estate planning documents as part of this initiative, please reach out to me directly at [email protected] . Thank you for your time and support!

Meet the Team Profile – Adriana Monty-Ruiz, Pro Bono Assistant Hello, my name is Adriana Monty Ruiz. I was born in Santa Cruz, Bolivia and relocated to Rhode Island with my family when I was three years old. In 2008, I relocated here to Southwest Florida to Naples. I worked in the legal field for criminal law, and real

estate law, as I attended college for my Bachelor’s degree at Hodges University here in Naples, FL. I have always been very inspired to be in the legal field – I love everything about it. I am a very outgoing person - I love to travel to new places and meet new people. I love to be at the beach, studying and reading about forensic science, and being with my loved ones and my dog Austin. Binge watching documentaries is also one of my favorite things to do.

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Adverse Witness

INNS OF COURT – PLATINUM PROFESSIONAL EDUTAINMENT

Keith Upson AW The Michael R.N. McDonnell Inn of Court just wrapped up its 2021-2022 season, which began with an online/in-person hybrid format and ended with an all-in in-person meeting. With the Board’s leadership, we used technology to bridge the social distance gap and managed to remain on course to achieve platinum status for the fifth year in the row. Of course, this would not have been possible without our official “Pandemic President,” Javier Pacheco, achieving platinum status for our Inns during the tumultuous 2020-2021 season. This season’s meetings confirmed our Inn is the best professional edutainment – educational entertainment – theater in Collier County! And we’re the best value in CLE around! We kicked off the season with a food drive to benefit St. Matthew’s House and a welcome message that provided a much-needed dose of comic relief, setting the stage for this season’s presentations. Judge Joseph Foster and Tammy Strohl challenged Inn members with a game show on proposals for settlement. In November, we held a Joint Inn meeting with the Calusa Inn and quizzed the (very competitive) members on various legal issues. Then, Judge Fred Hardt and Damian Taylor presented “You Dirty Rat” on the rules that require lawyers to report other lawyers that engage in misconduct, and their team closed the evening with an original and memorable song and guitar performance by Scott Beatty and Courtney Bullock. We enjoyed a “Summary Judgment Quiz Bowl” on the new summary judgment rule presented by Ben Brown and Judge Janeice Martin. Judge Shannon McFee and Robert Hanaford enlightened us on the pitfalls surrounding judicial notice and hearsay within hearsay with “Who Wants to be an Evidentiary Millionaire?” And our season closed with Donna Marshall and Tom Gorman clarifying the legal distinctions between emotional support animals, service animals, and therapy animals, and prompting each of us to google miniature horses. As Inn members, we are especially grateful for the invaluable input and support of our judiciary – Judges Lauren Brodie, Kyle Cohen, Joseph Foster, Fred Hardt, Ramiro Mañalich, Shannon McFee, Nicholas Mizell, Blake Adams, Michael Brown, and Janeice Martin. Thank you! We also want to specially thank our generous Inn of Court sponsors, which include: Blount Mediation Services, LLC Cheffy Passidomo, P.A. Elite Jets Esquivel Law

Hardt Trial Solutions PLLC Henderson Franklin Starnes & Holt, P.A. Marshal Law Office Law Offices of Hodge & Snyder

Lindsay & Allen, PLLC Weldon & Rothman, PL Without your generosity, we could not have made this season possible! YOU’RE INVITED! Invitations to register for next season will hit your email inbox soon, so be on the lookout. Our season will kick off on Tuesday, September 6, 2022, with a cocktail party followed by regular dinner meetings on:

Tuesday, October 11, 2022 Tuesday, January 10, 2023 Tuesday, February 7, 2023 Tuesday, March 7, 2023 Tuesday, April 11, 2023 Tuesday, May 9, 2023

There will also be a Joint Inn meeting in November with that date to be determined. If you’d like to register now instead of waiting for your e-invite, you can use this QR Code:

Lastly, please give a warm welcome our incoming President, Rachael Loukonen. She practices with Cheffy Passidomo, P.A. and has served on our Board for several years. I know Rachael will continue our traditions of excellence and professionalism, so here’s to another platinum year of professional edutainment!

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Adverse Witness

LAWYERS AND LAWYER’S ASSISTANCE PROGRAMS

Michael Sneeringer & John Lesko, JD, CAP AW

In preparing for a legal career, most lawyers never give much thought to the consequences of a career that, for most, is at times defined by intense stress and self-sacrifice. It is predictable that, as a professional who makes a career out of solving problems for others, a lawyer is often taken by surprise when he or she, or a colleague, becomes unable to stay happy and healthy while practicing law. Yet, a 2016, national study predicated on voluntary responses from nearly 14,000 practicing lawyers, found that 21-36% qualify as problem drinkers, 28% self-report as being “depressed,” and 19% and 23% are struggling with some level of anxiety and stress, respectively i . In response to this identified crisis among legal professionals, bar associations across America are increasing their efforts to educate lawyers, reduce stigma, and minimize the too often devastating effects of mental health and substance use disorders. So what is a lawyer’s assistance program and how can it benefit lawyers, law students, judges and paralegals? And if you call for help, will your identity and other information be kept “confidential? Types of Lawyer’s Assistance Programs In general, a lawyer assistance program provides confidential services and support to lawyers, judges, paralegals and law students (participants) who may be experiencing substance use or mental health concerns. ii At last count, all fifty states and the District of Columbia had some sort of program for its lawyers. In some states, the program is a private, non-profit 501(c) (3) that is affiliated with the state bar. iii As another approach, one state utilizes an independent, non-profit corporation run by judges and lawyers, with funding from the state’s supreme court and bar committees. iv Further, other state bars offer such programs as a direct member service. v Though not a normal matter of concern for the vast majority of Florida lawyers, the Florida Bar has long been a national leader in policy aimed at helping its lawyers’ community rather than penalizing distasteful behavior borne of treatable illnesses. Thus, Florida’s approach to a lawyer’s assistance program provides great protection for struggling attorneys; Florida Lawyers Assistance, Inc. (FLA) operates independent of The Florida Bar, although it does receive funding from it. vi FLA daily receives calls, arranges interventional services, and offers supportive guidance to law students, lawyers, paralegals and judges across The

Sunshine State. The main idea of the above discussion is that, in some states, a direct affiliation exists between the bar and lawyers’ assistance program, while in other states, the funding by the state bar is stressed. These state bar programs differ from traditional rehabs or organizations geared toward treatment of substance use disorders. To wit, while a state bar program may help a lawyer find treatment, provide a personal treatment plan and make referrals to qualified healthcare professionals, it does not provide actual treatment at a facility. vii Lawyers who contact lawyer assistance programs are not grouped into one bucket. As an example, a state may differentiate further between young lawyers, lawyers, and aging lawyers, taking into account the different needs of lawyers who are just starting their careers with lawyers who are well into retirement age. viii A different approach is going to be utilized speaking with one age group over another. Guaranteed Confidentiality In 1985 the Florida Supreme Court authorized Rule 3-7.1(o) [now 3-7.1(j)] providing that services to any attorney who has voluntarily sought, received, or accepted treatment for alcoholism or alcohol or drug abuse shall be confidential and evidence [therof] shall not be admitted as evidence in disciplinary proceedings under these rules unless agreed to by the attorney who sought the treatment. ix Accordingly, inquiries to FLA are confidential. Other states use a similar approach. x Protections for Other Recognized Conditions Conditions other than chemical dependency, such as depression, stress, bi-polar disorders, personality disorders, financial and family problems, and other addictions such as gambling, sex, or food, can adversely affect a lawyer’s ability to practice law. Failure to address and treat these conditions can result in consequences just as severe as drug addiction or alcoholism. In recognition of this fact, the Florida Supreme Court, in 1998, expanded Rule 2‑9.11 to provide that the program of assistance for addicted and chemically dependent members would also include those suffering psychological problems affecting their professional performance .

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Adverse Witness

LAWYERS AND LAWYER’S ASSISTANCE PROGRAMS- CONT. Michael Sneeringer & John Lesko, JD, CAP AW

Why would I inquire? Lawyers are under an enormous amount of stress to perform their best. Oftentimes, that stress begins in law school as it is the toughest academic exercise that many students have ever experienced. Stress, anxiety, depression, alcohol and substance use, and other mental health disorders can all be present around the ages where many begin their law school or legal practice journeys. So instead of internalizing those issues or paying for outside help (as a means of first resort), a law student, lawyer, paralegal or judge can initiate the confidential services of a lawyer’s assistance program, such as FLA. There may be a helping and listening ear, or directions to the nearest lawyer’s assistance meeting, or, in emergent cases, an intervention and referral to a hospital or other (necessary third party for) treatment provider. For many attorneys, the perceived stigma of disclosing stress, anxiety, depression, and alcohol and substance use often keeps them from seeking help. Still others fear ostracism because they practice law or attend a law school in a small community, such as Naples. Contacting FLA is a solution to both of these concerns. First, lawyers’ assistance representatives are usually well-trained in empathic intervention, and can quickly help inquiring individuals overcome any feelings of stigma and shame. Second, for the person seeking confidential help, she or he can rest assured that any communication with a lawyers’ assistance program is confidential (in Florida). * * * If you would like additional information regarding lawyer impairment, wellness, or recommended resources, please do not hesitate to call FLA at (800) 282-8981, or visit https://www.fla-lap.org/

Authors: Michael Sneeringer is a partner in the Naples, Florida, office of Porter Wright. He is a Director of Florida Lawyers Assistance, Inc.

John Lesko, JD, CAP, is the Outreach Coordinator of Florida Lawyers Assistance, Inc.

i P. R. Krill, R. Johnson, & L. Albert, The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys, 10 J. ADDICTION MED. 46 (2016). ii https://www.americanbar.org/groups/lawyer_assistance/resources/lap_ programs_by_state/. iii For example, see Ohio’s Ohio Lawyers Assistance Program, Inc., https://www. ohiolap.org/about. iv See Annual Reports, https://www.lclpa.org/wp-content/uploads/2021/01/2020- LCLPA-Annual-Report.pdf. v For example, see Wisconsin’s Wisconsin Lawyers Assistance Program (WisLAP), https://www.wisbar.org/forPublic/HelpforLegalProfessionals/Pages/help-for- legal-professionals.aspx vi Florida Lawyers Assistance, Inc., https://www.fla-lap.org/what-we-do. vii See e.g., Addiction Treatment for Professionals, Hazelden Betty Ford, https://www.hazeldenbettyford.org/treatment/models/specialized-programs/ professionals-program. viii See e.g., Florida Lawyers Assistance, “Aging Lawyers”, https://www.fla-lap.org/

aging-lawyers. iv. Rule 3-7.1(j).

x Wisconsin’s Wisconsin Lawyers Assistance Program (WisLAP), https:// www.wisbar.org/forPublic/HelpforLegalProfessionals/Pages/help-for-legal- professionals.aspx).

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Adverse Witness

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