SARASOTA COUNTY BAR ASSOCIATION OCTOBER 2021 VOL. 38, NO. 9
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Sarasota County Bar Association 2021–2022 Board of Directors Committees Practice Sections President Directors Finance Alternative Dispute Estate Planning & Dana Keane Jay Castle Bryan Kessler, Chair Resolution Probate Ed Ford Governance Sharon O’Day, Chair Chris Bauer, Chair President-Elect Jason Gaskill Amanda Kison, Chair Appellate Law Family Law Neil Lyons Adria Jensen Membership Jesse Butler, Chair Stephanie Murphy, Chair Treasurer/Secretary Amanda King Amanda King, Chair Business Law Labor & Employment Bryan Kessler Amanda Kison Programs Ryan Nichols, Chair Nick Castellano, Chair Alan Perez Adria Jensen, Chair Immediate Past Michele Stephan Civil Trial Real Property President Tamara Williams Access to Justice Andrew Wilson, Chair Laura Bauman, Chair Jennifer Grosso Michele Stephan, Chair Patrick McArdle Elder Law Solo/Small Firm YLD President Technology Will Shaffer, Chair Rachel Schadt, Chair Pat Reilly Alan Perez, Chair SCD President Young Lawyers Division South County Division OFFICERS DIRECTORS Charitable OFFICERS DIRECTORS Jade Davis and President Jill Bowen President Lance Ball John Getty, Co-Chairs Patrick McArdle Jade Davis Pat Reilly Diversity Dawn Marie John Getty Bates-Buchanan President-Elect Warren Chin and President-Elect Jennifer Hicks Caroleen Brej Jill Bowen, Co-Chairs Erin Itts Mark Creech Mallory Moretti Frank Malatesta, Education Secretary Treasurer Robert Klingbeil South County Rep. Caroleen Brej and Natasha Selvaraj AJ Stickley Jennifer Hicks, Madeline Mojica Treasurer COMMITTEES Co-Chairs Secretary Kayla Tipple Warren Chin Social/Events Technology/ Jacqulyn Mack-Majka Sara Castro and Frank Membership Imm. Past President Malatesta, Co-Chairs Natasha Selvaraj Imm. Past President Sara Castro and Michael Cowgill, Anthony Mowry Health & Wellness Mallory Moretti, Chair Co-Chairs Council for Diversity and Inclusion OFFICERS DIRECTORS THE DOCKET is the official award-winning publication of the Sarasota County Bar Association. Jill Bowen Chair PUBLISHER: Holly Lipps, SCBA Executive Director Ilyas Sayeg Jay Castle CO-EDITORS: Jill Bowen and Adam Shapiro Warren Chin Chair-Elect EDITORIAL COMMITTEE: Kate Fall, Mallory Moretti, Adria Jensen Shelli Freeland Eddie William Motherway, Adam Portnow Secretary David Fugett Interested contributors may submit article ideas to the Lisa Gallagher Alan Perez editors at scba@sarasotabar.com. The Docket is published 10 months a year. Deadline is the first Friday of the Treasurer Tonya Willis Pitts preceding month of the publication. Colton Castro Rudy Vazmina All articles printed herein are property of the Sarasota Imm. Past Chair Karimu Hill- Tamara Williams County Bar Association and may not be reprinted without permission. Opinions expressed in The Docket are those of Harvey the authors only and are not opinions of the SCBA.
LEGAL AID We’re better together Legal Aid groups, pro bono attorneys team up to support veterans By CAROLEEN BREJ, Esq. The Bay Pines VA-MLP works Director and Managing Attorney Bentley Goodrich Kison, P.A. at Bay Area Legal’s West Office. closely with Legal Aid of W “We are very grateful for the pro ith the return of our bono services that the attorneys country’s troops from Manasota’s Veterans Pro on the Legal Aid of Manasota overseas, I wanted to take Veterans Pro Bono Panel provide this opportunity to highlight Bono Panel to address the to our clients.” the invaluable services offered The Bay Pines VA-MLP to veterans by one of our local Caroleen urgent housing, family, and works closely with Legal Aid of legal services organizations, Brej, Esq. Manasota’s Veterans Pro Bono Bay Area Legal Services (“Bay Bentley consumer legal needs of Panel to address the urgent Area Legal”). According to Goodrich housing, family, and consumer a study published by the US Kison, P.A. veterans. legal needs of veterans. Department of Veterans Affairs, “Legal Aid of Manasota is 50% of the top issues that lead grateful for its partnership with to homelessness among veterans Bay Area Legal Services as well can only be solved through legal Legal Aid of Manasota’s Veterans as the support of our pro bono aid. With access to legal help, Pro Bono Panel. attorneys,” said Linda Harradine, veterans are able to return to a Mr. Davis was referred to pro Executive Director at Legal Aid role of independence and dignity bono attorneys, James Lynch and of Manasota. “It is critical that within the community. That is Aaron Crittendon from Harllee the community collaborates to the basis behind a strong network & Bald, who immediately got to support our veterans needing of legal support for low-income work on the time-sensitive matter. legal assistance with safe housing, and marginalized veterans in Thanks to their efforts, not only family stability, and financial well- Sarasota and Manatee counties. did they stall the foreclosure, but being.” As a Director of Bay Area Legal, they also helped Mr. Davis obtain Bay Area Legal has also I am continually in awe of the a reverse mortgage through the established a referral plan with incredible work that has been equity he had gained from the Turning Point and has educated accomplished by volunteer rebound of the real estate market, staff at the local VA hospitals attorneys and the client stories preserving his homeownership. to share their intake helpline that are truly humbling and Life-changing results like these for veterans seeking treatment. inspiring. are possible thanks to the strong Veterans can also seek legal When I reflect on the work network of veterans’ resources assistance by calling the Florida being done by Bay Area Legal, that strive to provide the holistic Veterans Legal Assistance Hotline one encouraging story comes care needed to get veterans back at 1-866-466-6161. to mind. Bay Area Legal was on their feet. Bay Area Legal aspires to recently able to assist Mr. Davis, The Bay Pines Medical-Legal expand their veteran’s initiative a 69-year-old Vietnam War Partnership was established within their five-county service veteran living in Bradenton who in 2017 to service veterans in area, increase funding for also cares for his stepbrother. Manatee, Pinellas, and Sarasota veterans’ programs, set the Two years ago, Mr. Davis Counties. Since then, Bay Area standard for innovation to best suffered from a cascade of auto- Legal attorneys have conducted meet the needs of our veterans, immune issues resulting from monthly intake at both the and continue to provide access his service and was diagnosed Manatee Veteran Outreach to justice throughout the state with temporary dementia, which Center and the Sarasota Outreach through the Veterans Legal caused him to fall behind on Center. Through that intake, Helpline. his mortgage payments. He was 65 extended cases have been These critical resources devastated when he received a referred to the Veterans Pro Bono would not be possible without 30-day foreclosure notice. Panel managed by Legal Aid of the support from the local Luckily, Mr. Davis was referred Manasota. legal community. To invest in to the Medical-Legal Partnership “The Legal Aid of Manasota these programs with financial (MLP) through the Bay Pines Pro Bono Panel is an invaluable support, contact Development@ VA Healthcare System, where he resource by providing direct bals.org. To get involved with met Bay Area Legal attorney, Jeff services and representation to our these life-changing and fulfilling Eckert. As you may know, the Veteran clients, especially during volunteer opportunities, contact MLP is a partnership with the the COVID-19 pandemic,” said Linda Harradine at lindah@ VA, Bay Area Legal Services and Lisa Brody, Assistant Deputy legalaidofmanasota.org. T H E D O C K E T · O C TO B E R 2 0 21 3
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SCBA NEWS 2021, starting another year in virtual reality I t’s hard to believe that we’re day to respond. Your responses is done behind the scenes so it already a month into our 2021- are incredibly helpful in giving the may be hard for our members to 22 Bar year. Unfortunately, we SCBA Board direction. understand what a truly outstand- are starting this year just as we did the 2020-21 year. We are still PRESIDENT’S The second e-mail from the SCBA I want you to make sure ing job Jennifer has done under unprecedented and very trying meeting and attending Court by COLUMN you’re looking for is the semi-an- circumstances. She navigated very Zoom. This obviously is not what nual Judicial Evaluation. Judicial delicate situations with diplomacy any of us planned. The SCBA Evaluation chairs Neil Lyons and and grace. She kept our Associa- was gearing up to go back to in Michael Cowgill are hard at work tion focused and active during a person meetings and we were putting this year’s evaluation global pandemic. We could not all excited to actually see each together. It will be sent out in have had a better leader during other in person. That will have mid-October and you will have a this difficult time, and I appreciate to wait a few more months until month to complete the evaluation. all of the sacrifices she made to the Covid infection rates go down The evaluation is an important keep the SCBA on the right track. significantly. tool for the Bar and judiciary Our incomparable executive We all receive a mountain of Dana B. Keane, to assess how our judges are director, Holly Lipps, also deserves e-mails each day and it’s easy to Esq. performing. Please respond and kudos. I could devote an entire just delete or ignore the ones that Law Office evaluate the judges and magis- column to Holly and all she does aren’t case-related, but I want to of Keane & trates in front of whom you’ve to make the SCBA the best Bar ask that you keep your eye out for Keane appeared in the last twenty-four Association in Florida and I still some important upcoming e-mails months. wouldn’t do her justice. Holly from the SCBA. As I am sure you Third, please watch out helped the SCBA seamlessly have seen over the last year, the for the SCBA weekly e-blasts. transition to Zoom meetings and SCBA has periodically surveyed These e-mails announce upcom- connected us with programming our membership to determine ing section meetings and other offered by other bar associations our members’ feelings on meeting important Bar events and Court around the state. She kept our in person. We want to meet the updates. Our sections have membership up to date on the needs of our members while keep- planned an outstanding slate of latest developments in the Covid ing everyone as safe as possible. seminars and CLE for the upcom- world. Despite the chaos of the We typically receive responses ing year. Many of the programs last year, Holly was always cool from around 150 of our 1,000 have appeal across a variety of and calm. She is always there to members. While we take the practice areas, so consider attend- listen and provide support. In results of these surveys seriously, ing meetings of sections other sum, Holly is the best. I would we would love to see responses than the one you normally prac- also like to apologize to Holly in from a larger percentage of our tice in. advance for all the stress I will members to make sure that the On a different subject, I want inevitably cause her this coming survey results accurately represent to take this opportunity to recog- year. the feelings of our membership. nize our past-president, Jennifer Finally, there’s one last e-mail Please watch for the next survey Grosso, for her incredible leader- I want you to watch for, the regarding in person meetings and ship over the last year. Much of announcement of the new date take a few minutes out of your the work of the SCBA President See PRESIDENT, Page 19 2021 judicial evaluations to be distributed By NEIL LYONS ber 11 to all practicing attorneys in this in front of whom the evaluator has Luhrsen Goldberg LLC Circuit. As in years prior, the Judicial appeared and should be limited to and MICHAEL COWGILL Evaluation will include the following experiences within 24 months of the Maglio Christopher & Toale PA Law categories: Legal Knowledge, Integrity, evaluation. It is important for all Firm Ethics, Impartiality, Judicial Temper- evaluators to complete their evaluations I ament, Courtroom Administration, based upon their own experiences t is again time for judicial evaluations, Preparedness, Timeliness of Decisions, within the past 24 months to ensure a which provide important feedback Effective Decision Making, Punctuality, fair and accurate evaluation. to the judiciary and bar membership and Overall Evaluation. This year a new The deadline for completing the regarding the judicial services of the category will be added: Use of Technol- Judicial Evaluation is Friday, November Twelfth Judicial Circuit. ogy. 19, 2021. Upon completion, the results An electronic Judicial Evaluation will Evaluations should only be will be tabulated and the results with be be distributed during the week of Octo- submitted for those judicial members released to the members of the SCBA. T H E D O C K E T · O C TO B E R 2 0 21 5
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YOUNG L AW YERS DIVISION Resources for refreshing your recollection A s a young lawyer, it is easy blogs, networking sites, Twitter, aren’t familiar in your area of to put your head down, Facebook, LinkedIn, and practice arises (for example, if a work hard, and end up YLD Newsletters. Additionally, rules medical malpractice client in my reinventing the wheel. We may figure something out after a lot of PRESIDENT’S concerning testimonials and responding to negative reviews practice declares bankruptcy), speaking to a bankruptcy lawyer needless time, forgetting about the COLUMN online are discussed. This great in this venue to get a sense of the vast array of resources available resource is a good starting point terrain can be a huge help. to make our lives easier. Speaking for the constellation of questions Finally, while some lawyers for myself, there was a long that can arise in your practice as don’t get involved in specialty period of time where I had no it relates to Social Media, and organizations in their area of idea how many useful resources which can be supplemented with practice, these organizations existed for young lawyers (which The Florida Bar’s more extensive have tremendous resources. also can help seasoned lawyers). Handbook on Lawyer Advertising From listservs to databases As the SCBAs Young Lawyers and Solicitation. full of depositions and forms, Division President, I want to use What about if you or a young specialty organizations allow this month’s article to remind Patrick lawyer in your firm is expecting young lawyers to ensure they are folks of the many resources McArdle, Esq. a child? Again, the Florida Bar not starting off from square one. available to help us in our McArdle Law, YLD has a resource. It is called It also allows seasoned lawyers practice. P.A. A Practical Guide to Parental to pick up new areas of practice Let’s begin with Continuing Leave for Employers: What to with less friction. In my case, Legal Education. A young lawyer Expect When Your Employee being a member of the Florida (or a seasoned lawyer) can get is Expecting. This resource Justice Association and Manasota every needed CLE credit for gives guidance on the proper Trial Lawyers Board has allowed free through Legal Fuel. You way to approach discussions me to access tremendous can find free CLEs satisfying the about parental leave, on how resources in my field (medical technology requirement, the ethics to navigate the issue of parental malpractice litigation) that would requirement, and requirements leave and return to work, as well otherwise not be available. Other for special certification areas from as assisting attorneys in their organizations geared toward Business Litigation to Appellate transition back to work. This specific fields provide analogous to Civil Trial and beyond. Legal issue is perennial, and knowing benefits. Fuel has detailed information the policies, procedures, and At a minimum, I hope this on starting your own law conversations that make the article provided a reminder of the firm, managing your practice, most impact for employers and many resources out there to help marketing your firm, running firm employees can be the difference us in managing our work and finances, technology, and COVID- between strengthening and professional lives. As we move 19 resources. All in all, it is one alienating young lawyers from into another year of uncertainty, of the most impressive collections their firms. we can at least be sure that A of information and free CLEs that resources exist to help us thrive in has ever been assembled. If you nother program you may our lives and our practices. don’t know about it, or you’ve not be aware of, and one forgotten it existed, now is a great that I forget about too, is time to revisit this resource. If you Lawyers Advising Lawyers. In this are in need of a CLE credit and program, a lawyer identifies the Follow YLD on Instagram on a budget, this is the place to legal issue with which they want go. I have personally taken CLEs advice and the area of law under from Legal Fuel that have been which the legal issue falls. Then, useful in my practice in multiple this lawyer is paired with a lawyer domains, such as Conducting who has more than five years Depositions Online: What You experience and has volunteered to Need to Know, The Ethics and be an advisor in that field. Within Mechanics of Online Reviews, 48 hours, the advising lawyer will and Remote Online Notarization. contact the inquiring lawyer and, How about if you have after a thorough conflict check, questions about Social Media? discuss the issue. For many small The Florida YLD has a resource firms, having this system available called the Social Media Pocket can be a huge benefit. Being Do yourself a favor and head Guide. Published in February able to discuss a complicated over to Instagram to follow 2021, this resource answers legal issue with a fellow lawyer SCBA.YLD! questions about ethics as applied knowledgeable in the field is a to Social Media. Websites, major help. And if an issue you T H E D O C K E T · O C TO B E R 2 0 21 7
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SOUTH COUNTY DIVISION We all should know a ‘Jane’ T his column is supposed to be period of time. Although she rassed and inspired me to have about the happenings in the would get fatigued and had other the same passion for her case. South County Division of SOUTH symptoms, she was always a An ADA discrimination case the Bar Association. Although we have our Installation Dinner COUNTY highly rated employee. She took on extra work, but ultimately was filed and tried in federal court in Harrisburg, Pa., alleging scheduled for October 14, 2021, PRESIDENT’S had to ask for help, which, as is disability discrimination for firing we are once again/still in Covid- COLUMN typical in corporate America, was Jane because of her MS, and for 19 protocols, so it is at unclear promised, but never provided. failing to provide a reasonable at this time if the event will take Enter Judy Stout, a former accommodation. That case was place. Thus, instead of talking tenant of Jane’s, who didn’t get the most enjoyable and satisfying about hypothetical happenings, her security deposit back when trial I have ever had, not only I want to relate a story about a she vacated the home, and now because of the outcome, but client who changed my life. she was Jane’s immediate super- also because cross examination For the most part, we practice visor. She advised Jane that she of the company witnesses was law because we hope to resolve was uncomfortable with Jane’s exceedingly fun. The evidence of our client’s issues in a calm, expe- MS, and Jane offered to provide discrimination was overwhelm- ditious, favorable and affordable her with materials from the MS ing, and Jane’s witnesses included way. Over the years, we will Pat Reilly, Esq. Society which would explain the some of her former co-workers, represent hundreds of clients, Snyder and condition and its limitations, if who were still employed by the most of whose names and faces Reilly, Trial any. The materials were in fact company. Those witnesses had we may forget. But every once in Lawyers sent to Judy, but, as we discov- been warned and intimidated by a while, a client comes along who ered at trial, she never opened the company personnel prior to trial, you will never forget, hopefully envelope, and instead stuck the until a court order was entered for positive reasons, and who material in her desk drawer. Had directing the company to back becomes your lifelong friend. For she taken the time to read the off. me, that person is Jane Gagliardo. materials, she would have learned During the trial in September, I had the pleasure of previ- of the concept of “reasonable 2000, Jane and her husband, ously representing Jane in a accommodation.” John, stayed in a borrowed U minor auto accident. In May, camper at a campground because 1996, she called me in tears, as nsurprisingly, Jane’s evalua- they couldn’t afford a hotel. she had just been terminated by tions declined, she was placed They made their meals on a grill her employer, a pharmaceutical on a Performance Improve- outside the camper. After a 6 day company, Connaught Laborato- ment Plan, and she was ultimately jury trial, an award was entered ries, in Swiftwater, Pa. Jane had terminated. Interestingly, before in the amount of $2,000,000 been an employee there since she was terminated, she met in compensatory damages, and 1987, essentially taking phone with an HR administrator who $500,000 in punitive damages. orders for vaccinations and fulfill- herself had MS, and she point The award was ultimately upheld ing the orders. Connaught also blank asked Jane if her MS was by the US Third Circuit Court used outside telemarketers, and affecting her ability to do her of Appeals, and settled after a after a few years at the company, work, and Jane stated only that writ of certiorari was filed with Jane suggested to the President she needed assistance with the the US Supreme Court. Jane’s of the company that if he would extra projects. That HR repre- life, and the trial are detailed in a consider allowing her to work sentative never stepped in to offer book entitled “Call to Witness,” shorter hours, she would take a any reasonable accommodation. authored by Sherry Blackman. part time job at a telemarketing When Jane was terminated, she Jane donated a portion of her company, learn the business, and told Jane to just sign the papers award, as well as a percentage of bring what she learned back to presented to her, as it will make the proceeds from the sale of the Connaught. He agreed, and ulti- everyone’s life easier. book, for MS research. She is an mately Jane was promoted to a Although the Americans with advocate for the disabled, formed position running an in-house tele- Disabilities Act was enacted in a women’s support group, and is marketing department. 1990, I knew nothing about it. working with children. Her soul- The new department saved Because it was a new and unfa- mate, John, passed away shortly Connaught a lot of money, and miliar area, I was reluctant to get after the matter was settled, but made a lot of money as well. involved on Jane’s behalf. But Jane has the loving support of her But, because Jane did not have a Jane is, as she describes herself, three sons and her grandchildren. college degree, she was ultimately a strong Italian woman, and I Jane and I remain close friends. replaced as manager, and returned relented. My enthusiasm for the This humble, unassuming and to her old position. case was not the strongest, until confident fireball of a woman has Jane was also diagnosed with she forwarded a passionate letter left an everlasting impression on Multiple Sclerosis during this to me which humbled, embar- See ‘JANE’, Page 19 T H E D O C K E T · O C TO B E R 2 0 21 9
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E STATE PL A NNING Estate planner’s radar check for fall 2021 By COLTON CASTRO, Esq. ment to account for the fact that The “Gordon Fix” (§732.507 and §736.1105) Williams Parker witnesses may appear remotely. O Slayer/Abuser Statute (§732.8031 As the reader may know, the ver the past year, estate plan- and §736.1104(3)) Florida 2d DCA in Gordon v. ners have been rightfully Fishman (253 So. 3d 1218, 2d focused on the glaring federal Similar to Florida’s “Slayer Stat- DCA 2018) held that the prior and national issues affecting ute”, Florida law now provides version of Florida Statutes Section our practice. The Biden admin- a rebuttable presumption that 732.507(2) did not apply in treat- istration released a Green Book Colton a person convicted of abuse, ing an ex-spouse as predeceased discussing changes to the federal Castro, Esq. neglect, exploitation or aggra- when the deceased testator’s will capital gains tax and threaten- Williams vated manslaughter of a decedent was executed prior to marriage. ing the loss of the Section 1014 Parker be treated as predeceased. The court reasoned that the stat- adjustment to basis, as a global Attorney Fee Disclosure to Fidu- ute only applied to a will executed pandemic continues to impact ciary (§733.6171 and §736.1007) during marriage to treat the our clients and the logistics of our ex-spouse as having predeceased. daily work. And with the year’s Similar to Florida Statutes Legislation has now been passed end fast approaching, certain Sections 733.617(8) and providing that whether executed clients are scrambling to ink their 736.0708(4), which require draft- before or during marriage, any plans before federal legislation ing (or supervising) attorneys provision of a will or revocable is passed (hopefully, not retroac- serving in fiduciary roles to obtain trust affecting a former spouse tively) that could interfere with informed written consent from is void, and such former spouse their intent. their clients in order to receive is presumed as predeceased. However, amidst such compensation for serving in such However, if there is a clear intent commanding issues, the Florida role, Florida law now requires to provide for such ex-spouse, or legislature has been busy enacting similar disclosures be made and court judgment requires other- a number of impactful updates consent obtained by any attorney wise, or if such estate planning and additions to our state laws wishing to use the statutory fee documents are executed after that all estate planners must keep schedule when representing a divorce, then the statute will not on their radar. To assist my fellow fiduciary. invalidate such provisions provid- estate planners, I am providing a Florida Uniform Directed Trust Act ing for the ex-spouse. very brief “nutshell” of some of (FUDTA) (Chapter 736) Revocable Trusts and Homestead the more easily missed or mean- (§736.1109) ingful legal updates that should FUDTA provides for clarification be pinging on every Florida estate regarding the duties and powers A number of statutory updates planner’s radar. of a “trust director” and the rela- were passed affecting Florida Notary “Boxes” (§732.503(1) tionship of the “trust director” to Homestead, including provisions the “trustee.” While a full analy- confirming that homestead titled As you may be aware, effective sis is beyond the scope of this arti- in a “community property trust” January 1, 2020, legislation was cle, some of the highlights are that (discussed below) retains its passed authorizing the remote, (i) a “trust director” is subject homestead protections. However, online notarization and witness- to the same fiduciary duties as a one of the more interesting ing of electronic documents trustee; (ii) “trust directors” are updates is found in the cited stat- through the use of certain audio- entitled to the same protections ute that confirms by statute (i) video communication technology. as a trustee for items disclosed the homestead devise restrictions With this legislation, the jurat of in a trust disclosure document, apply to homestead property held notarial certificates now requires which can be provided by the in a revocable trust, and (ii) that an indication as to whether the “trust director,”; (iii) a holder of inurement of creditor protection signer appeared before the notary a power of appointment is not a to heirs of homestead property public by means of physical pres- “trust director,”; (iv) a directed also applies to homestead prop- ence or audio-video communica- trustee must take reasonable erty held in a revocable trust. tion technology. An amendment action to comply with a “trust Please note that this statute does was recently passed that added director’s” power to direct, unless not specifically address the issue boxes for the notary public to doing so would be willful miscon- of homestead qualifying for the check in order to satisfy the duct; and (v) while each trustee property tax exemption if held in requirement that the notary state and “trust director” has a duty to a revocable trust. whether the signer is personally provide information to the other Community Property Trust Act known or has produced identifica- to the extent such relates to their (Chapter 736) tion. Moreover, additional boxes respective powers and duties, were added to the self-proving they have no duty to monitor one In short, the Community Property affidavit of a last will and testa- another. See ESTATE, Page 19 T H E D O C K E T · O C TO B E R 2 0 21 11
Social Security BANKRUPTCY LAWYER Disability & SSI Sherri L. Johnson HEARINGS/APPEALS • 22 Years of Experience • AV Rated Preeminent SERVING • Super Lawyers (2015–20) SARASOTA AND MANATEE • Past President of SCBA COUNTIES • Past President of FAWL MORE THAN • Master Emeritus, 39 YEARS Judge John M. Scheb EXPERIENCE American Inn of Court Jonathan E. Hausburg, Esq. 2187 Ringling Blvd. · Sarasota, Fl 34237 (941) 926-1155 · sjohnson@johnsonlegalfl.com 941-351-9111 · socialsecuritysarasota.com www.SarasotaBankruptcyFirm.com Can the law firm you refer your Personal injury Cases to answer yes to these 10 questions? 1. Does the attorney try cases several times each year? 2. Does the attorney have the ability to show you recent trial results? 3. Does the attorney have over 20 years of experience working for the insurance companies so that they have gained an insight into how to oppose and/or sue the insurance companies? 4. Is the attorney Board Certified in Civil Trial Law? 5. Is the attorney AV rated by Martindale Hubbell? 6. Does the attorney have the financial strength to take on significant injury cases? 7. Is the attorney located in the 12th judicial circuit? damian mallard, esq. 8. Will the attorney pay you a referral fee in accordance with the rules regulating the Florida Bar on every case no matter how big or small?* Mallard Law Firm, P.A. 9. Is the attorney available to speak with you at any point during the 889 North Washington Blvd. referral to give you status updates as you request? Sarasota, Florida 34236 10. Is the attorney willing to take on challenging cases that other law (P) 941-952-1682 firms or attorneys may not be willing to handle or would turn down www.MallardLawFirm.com due to the amount of work involved? *Rules regulating the Florida Bar permit a 25% referral fee refer your Cases to the mallard law firm, beCause without any involvement of the referral attorney other than making the introduction to the client. Any additional fees our answer to these 10 questions is yes. require court approval and involvement of the referring attorney in the handling of the personal injury matter.
AMERICANS WITH DISABILITIES ACT October is National Disability Employment Awareness Month By BONNIE SILVESTRI, JD, The Learning Academy at the The Learning Academy at the CCEP, ADAC University of South Florida works Ethics and Compliance University of South Florida with autistic people and those on Specialist, ADA Coordinator, the spectrum with related disabili- and Title VI Liaison for Sarasota works with autistic people ties to prepare them for work in a County variety of fields. Scott Fontechia, and those on the spectrum O an employment specialist with ctober is National Disabil- the Learning Academy, works ity Employment Awareness Bonnie with related disabilities to with clients, who for example, Month (NDEAM), and Silvestri may not wish to attend an office this year’s theme is “America’s Ethics and prepare them for work in a party or may have more difficulty Recovery Powered by Inclusion.” Compliance reading social cues, but who The roots of NDEAM began in Specialist, variety of fields. often ramp up for jobs in rapid 1945, focusing on reaching out ADA time when given the opportunity. to employers to hire individuals Coordinator, Although every individual is with physical disabilities; in 1962, and Title ties Act (ADA) has, over the past different, Fontechia said that, on it was expanded to all disabilities, VI Liaison thirty-one years, both literally average, autistic individuals have both visible and invisible; and in for Sarasota and figuratively opened doors for a higher IQ, are “entirely capable 1988, Congress recognized the County people with disabilities that had and good at what they do,” and entire month of October for this previously been closed. Although are generally extremely honest important campaign. the ADA is largely focused on and loyal. They tend to flourish This year, we are still very diminishing discrimination with a routine, often prefer more much in the throes of the COVID against people with disabilities, predictable work, and as a result, pandemic, and our economic the goal has always been the elim- are more likely to stay with an recovery has begun to stall as the ination of barriers for accessing employer for longer periods of delta variant surges. We are also all aspects of life. Like so many time where they feel comfortable coping with a labor shortage. Yet of our civil rights laws, there is and can succeed. He frequently in 2020, based on data from the often a yawning chasm between advises employers to create more Bureau of Labor Statistics, only aspirations and the reality. Too individualized training in an 17.9% of people with disabilities often people with disabilities autistic employee’s professional were employed. continue to have difficulties navi- development, because they may Few events in our common gating what they often refer to as learn differently or need more history have made the need for a “world that wasn’t designed for consistent feedback to ensure they inclusion more readily apparent. them.” are on track. As so many of us sat at home Title I of the ADA prohibits “Universal design” means watching work and social events discrimination against qualified that something which may help get cancelled, we collectively employees who have a disability, people with disabilities can be experienced what so many people and it requires that employers an improvement for all, such as with disabilities often face – barri- make “reasonable accommoda- sliding glass doors, captions, and ers that make our regular routine tions” except where the accom- larger bathrooms. Reasonable either difficult or impossible. modation would constitute accommodations for people with Yet, the ability to quickly an “undue hardship” for the disabilities such as flexible work- pivot to the online environment employer. Reasonable accom- ing conditions, opportunities to has made meetings, conferences, modations can be as simple as work from home, and more feed- and events around the world reviewing job requirements to back with supervisors are likely readily available with just a few ensure that they fit the nature of to be appreciated by all employ- clicks, and this has helped us the job. For example, employers ees, which may simultaneously stay connected even while apart. might ask, does the employee make it easier to hire and retain The Office of Disability Policy’s really need to be able to lift people with disabilities. With decision to focus NDEAM on twenty pounds or drive a car to labor shortages and a global focus economic recovery through inclu- be able to perform the essential on enhancing accessibility in all sion is a brilliant way to project a functions of the job? If the job aspects of our lives, NDEAM’s positive outlook for a post-pan- descriptions are out of alignment theme was an ideal choice in this demic world. The rules of the with the true nature of the job, unusual year. Working with orga- game have shifted so immensely employers may be missing out on nizations such as the Learning that if we capture this moment, someone who could be a great fit, Academy will help us tap into more accessible and inclusive merely because they may not meet new potential employees, increase workplaces might be just within a poorly designed “requirement” the diversity of our workforce, reach. that might not be necessary to do and ultimately improve the qual- The Americans with Disabili- the job. ity of life for all. T H E D O C K E T · O C TO B E R 2 0 21 13
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SCBA NEWS One lawyer’s recollection of 9/11 attacks By JAY FRANK CASTLE, Esq. in American culture. When they We all have seen the footage Castle Health Law PLLC and remade the “King Kong” movie of President Bush that morning Level Mediation LLC in 1976, the gorilla climbed the reading to the class of children at I Twin Towers rather than the Emma Booker Elementary here am writing this article in late Empire State Building. Windows in Sarasota. I think the look on August of 2021. By the time it is On The World, the restaurant his face when he hears the news published, the 20th anniversary atop the North Tower, was an really represented the way we all of the 9/11 attacks will have come epic, over the top New York felt in that moment: “this can’t and gone. I’m sure there will be Jay Frank dining experience reserved for be happening … what do we do public memorials of this solemn Castle, Esq. the lucky few. The Twin Towers now?” event. I’m sure we will hear from Castle defined and rose high above the What did we do? We came folks who were injured or lost Health Manhattan skyline. EVERYONE together as Americans for the first loved ones or who helped clean Law PLLC knew these buildings. time in my life. up and rebuild. I’m sure we’ll and Level At first, the talking heads My parents lived through hear from others who will offer Mediation covered it as a freak accident. But WWII as children. I heard stories their expert opinions and perspec- LLC then we watched – on live televi- of the sacrifices, the rubber drives, tives about what it all means for sion – the second airplane hitting the sugar rations, the war bonds, us today. the South Tower. Stunned silence. their older siblings and friends I’m just a regular guy who At that point, the reality sunk who served. That era of common lived far away from the actual in that this was not an accident. purpose carried over for years events. These were targeted attacks. following WWII and into the But I share this recollection Folks in our office began to Korean conflict and the Space because some of those memories head for home. Delta is headquar- Race. are still vivid, and because we tered in Atlanta, and the airport But in my lifetime – as a child seem to be forgetting some of the is one of the busiest in the world. of the street protests and of lessons I thought we learned in Some of my coworkers had Watergate – I had never seen it the aftermath. family in the industry. We learned for myself. It waned and devolved I was a litigation partner that air travel throughout the into political bickering. The at a boutique real estate firm country was shut down. Planes Iran-Contra affair. The Clin- in Atlanta and business was that were already in flight were ton impeachment proceedings. booming. 12-hour days were the diverted. The skies in Atlanta, Congressional investigations and norm, not the exception. Lots of usually abuzz with near constant hearings. The advent of talk radio competing deadlines, hearings, overhead air traffic, were deathly and 24-hour television news-me- depositions, document reviews silent. dia channels that sell division. and productions, etc. I came into News started to trickle in I had never seen it — until that the office early those days because about the third attack on the day and the days that followed. I also had a family with young Pentagon, and then later, about For a brief moment, we were children, and I tried my best to the fourth plane that never found united again as one country. We get home in time to see them its target, but instead crashed in lifted up our friends and neigh- before bedtime. rural Pennsylvania. bors in NYC, DC, and elsewhere. This was before the internet At that moment, there was a We were gracious, and kind, and had really taken off. Email was shared sense of panic. We were patient, and we had each other’s still a novelty for most lawyers. under attack. No one knew the backs. All of us. Our news was still delivered by extent of it, or what more might The attacks had the oppo- newspapers and television. It all happen, or where. site effect of what the terrorists seems rather quaint now. The rest of that day is a blur. intended. The attacks made us After my third or fourth cup I went home and parked in front stronger. Sure, we had to embrace of coffee, there was a rumbling of the television in our basement. heightened airport security and in the office. I stuck my head out I reached out to friends in NYC other inconveniences. Our various into the hallway and saw staffers but, of course, the telephone responses to the attacks have been scrambling to our conference networks into New York were subjected to years of scrutiny and, room. overloaded. There was no such it now appears, will be subjected I followed them, and for the thing as texting or instant messag- to even more scrutiny for years next couple of hours we sat trans- ing. I hugged my kids and my to come. And yes, xenophobia fixed as we watched the shaky wife. We waited. reared its ugly head. Again. footage on television — replayed Phone calls were made from But for a little while, anyway, over and over and over — of home. The courts were closed. we mostly put aside selfish parti- airplanes hitting the World Trade Depositions were cancelled. Dead- sanship for our common good. Center. lines were forgiven. The judicial That’s what I remember from The WTC held a special place system shut down and waited. twenty years ago. T H E D O C K E T · O C TO B E R 2 0 21 15
FOR A FRESH START M E D I AT I O N / A R B I T R AT I O N CHAPTER 7 & 13 BANKRUPTCY Retired from the bench after 30 years. CIVIL MEDIATOR FAMILY LAW • PERSONAL INJURY MATTERS • REAL ESTATE LITIGATION • MEDICAL MALPRACTICE RICHARD V. ELLIS, P.A. • BUSINESS AND COMMERCIAL LITIGATION • LABOR AND EMPLOYMENT ISSUES PHONE (941) 351-9111 • PRODUCT LIABLILITY FAX (941) 351-9804 • LOCAL GOVERNMENT DISPUTES • PROFESSIONAL FEE DISPUTES 2187 RINGLING BLVD. Scott Brownell SARASOTA, FLORIDA 34237 scott@brownellmediation.com 941.447.3701 SARASOTABANKRUPTCY.COM W W W . B RO W N E L L M E D I AT I O N . C O M Your ad here reaches the movers and shakers in Sarasota’s legal community. Call today to get your firm or business in front of our elite readership. To advertise in the Docket, please see the rate card at the Bar’s web site, sarasotabar.com, or call the office at 941-861-8180.
NEWS OF NOTE CLERK’S CORNER n Icard Merrill announces that eleven of the firm’s attorneys have been recognized in the 2022 In Memoriam Protecting public’s Edition of The Best Lawyers in America. Shareholder Charles J. Bartlett was named by Best Susan confidential information is attorney’s responsibility Lawyers as the 2022 Construc- Filson tion Litigation “Lawyer of the 1959–2021 T Year” in Sarasota. Icard Merrill attorneys selected to the list of he Sarasota Clerk of the Court has been 2022 Best Lawyers are Charles J. examining filings in small claims and civil cases Bartlett (Commercial Litigation, for compliance since the amendment to the Fla. Litigation – Banking and Finance, R. Gen. Prac. & Jud. Admin. 2.420 came into effect Litigation – Construction, Liti- on July 1, 2021. While many Sarasota attorneys are gation – Real Estate), Michael Luzier (Real Estate Law), Patrick in compliance, several attorneys locally and from J. Furen (Land Use and Zoning W. Ryskamp (Real Estate Law), other counties filing court documents in Sarasota Law, Real Estate Law), Steven Mark A. Schwartz (Litigation – fail to redact confidential information or correctly R. Greenberg (Real Estate Law), Trusts & Estates), William M. complete a Notice of Confidential Thomas F. Icard, Jr. (Construc- Seider (Real Estate Law), Jeffrey Information within Court tion Law, Mediation), Robert G. T. Troiano (Trusts & Estates), Filing when filing in small claims Lyons (Personal Injury Litigation James L. Turner (Real Estate Law CLERK’S county court civil, and circuit – Plaintiffs), William W. Merrill III (Administrative/ Regulatory Law, and Trusts & Estates), E. John Wagner II (Tax Law), and Michael CORNER court civil cases. Of all filings in the applicable Land Use and Zoning Law, Liti- J. Wilson (Corporate Law). Attor- Sarasota County cases from July gation – Land Use and Zoning), ney Fletcher H. Rush (Trusts & 1, 2021, to the present, over 80 Alyssa M. Nohren (Real Estate Estates) was recognized as a 2022 percent were non-compliant with Litigation – Bradenton), and Best Lawyers in America: Ones to Rule 2.420. Of those filings that Jaime L. Wallace (Family Law). Watch. were non-compliant, over 80 In addition, three of the firm’s percent were due to the filer not attorneys are included in the 2022 specifying the location(s) of the edition of Best Lawyers: Ones to CLASSIFIED ADS confidential information within Watch: Natalie G. Coldiron (Real Karen E. the document. Additionally, EMPLOYMENT Estate), Bradley J. Ellis (Land Rushing we noticed that attorneys Use and Zoning), and Jordan J. Goldman, Tiseo & Sturges, P.A., a Clerk of Court often do not file any Notice of well-established fast-paced law firm Riccardi (Real Estate). is seeking a full-time Legal Assistant and County Confidential Information within with at least 5 years’ experience to Comptroller Court Filing when the document n The law firm of Icard, Merrill, join our condominium law, real estate or attachments contain partial team. The successful candidate should Cullis, Timm, Furen, and Gins- possess the following qualities: • Ability account numbers or social security numbers. Rule burg, P.A., announce that Kimlyn to work and keep up in a fast-paced 2.420 (d)(1)(B)(iii) requires that account numbers M. Walker has joineds the firm environment • Independent and capable and social security numbers are kept confidential. as an associate in their Sarasota self-starter who can effectively manage Fla. R. Gen. Prac. & Jud. Admin. Rule 2.425(a) a case load • Strong interpersonal office. Kimlyn focuses her practice skills with the ability to function well (3) prohibits any portion of an account number in the areas of land use, zoning, in a team environment • Strong multi- or social security number from being included municipal law, and real estate. tasking ability • Must have excellent in a court filing. If an account number or social verbal, written and phone skills • Must have strong computer skills security number fell into an articulated exception of n Williams Parker announces including Microsoft Office 365 and law Rule 2.425 that means it could be included in the that attorney Michele B. Grimes, practice management software. • Job court filing, but it does not exempt the filer from responsibilities include: Managing case a board-certified expert in real load from intake through settlement; compliance with Rule 2.420. Rule 2.425 states: “… estate law, has been named a Extensive client contact; Take on does not affect the application of constitutional 2022 “Lawyer of the Year” by other office responsibilities, as provisions, statutes, or rules of court regarding Best Lawyers in America for her needed. • Condominium law, real confidential information or access to public estate experience preferred. Salary is work in real estate law in Sara- competitive and commensurate with information.” Fla. R. Gen. Prac. & Jud. Admin. sota. Fifteen additional Williams experience. Benefits include health 2.425(e). Parker attorneys were also named insurance, SIMPLE IRA, paid holidays It is important to remember that filers are solely and PTO, 100% Employee Paid Health to Best Lawyers in America, insurance • Monday to Friday 8:30-5:00 • responsible for identifying confidential information including Charles D. Bailey, Jr. Email resume and cover letter to in these court documents, including any attachments, (Land Use and Zoning), John info@gtslawfirm.com and non-compliance may result in personal data T. Berteau (Trusts & Estates), being released to the public. Peter T. Currin (Real Estate How to Place a Classified Ad There are three simple steps to ensure compliance Law), Gail E. Farb (Employment with Rule 2.420: Law), Ric Gregoria (Trusts & To place a classified advertisement, nF ile a Notice of Confidential Information in Estates), J. Michael Hartenstine call the Bar office or send an email to circuit civil, county civil, and small claims (Real Estate Law), Thomas B. scba@sarasotabar.com. See CLERK, Page 19 T H E D O C K E T · J U N E 2 0 21 17
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