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Adverse WitnessVolume 125 • December 2013A publication of the Collier County Bar Association

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President’s MessageHappy fall, y’all!

Legal Aid NotesCelebrating our tenth anniversary

CalendarMake note of upcoming meetings, luncheons and events

Ethics KornerEthical considerations in technology

Guest EditorialWinter travels

CenterspreadAnnual Fishing Tournament

Adverse WitnessDecember 2013

I S S U E H I G H L I G H T SMarc Huling, EditorPublication Deadline: 10th day of month preceding publication

OfficersPresidentTamara Nicola

President ElectSonia Diaz

TreasurerJohn T. Cardillo

SecretaryMarc Huling

Immediate Past PresidentJeanne Seewald

DirectorsBeverly BrennanTravis HayesRichard MontecalvoAndrew SolisKimberly SpikerDamian TaylorCarlo Zampogna

Executive DirectorLisa A. Mead

Collier County Bar Association3315 East Tamiami Trail, Suite 505Naples, Florida 34112(239) 252-8711(239) 775-5858 [email protected]: 8:30- 4:30 p.m. M-Thu8:30-4:00 Fridays

The Adverse Witness is pleased to feature articles submitted by Collier County Bar Association mem-bers, affiliates and the general public that may be of interest to Collier County Bar Association’s membership. The Collier County Bar Association does not verify the accuracy of the information contained in the articles 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 any questions or concerns about information contained in articles published in the Adverse Witness, please contact the author of the article directly.

Adverse WitnessEditorial Board

Adverse Witness, December 2013

Where in the World?This photo of Covent Garden was taken by Carol O’Callaghan on her holiday trip to London. Covent Garden is a district in London on the eastern fringes of the West End, between St. Martin’s Lane and Drury Lane. It is associated with the former fruit and vegetable market in the central square, now a popular shopping and tourist site, and the Royal Opera House, which is also known as Covent Garden.

Please see page 9 for Carol’s article on her winter travels in Europe and the United Kingdom. (more lovely pictures!)

Time to write the #$%#!@#! President’s message again. Are any of you reading it? If you are, you have now figured out there is no rhyme or reason to my message. Maybe I’m just scrambling to meet a deadline. Or maybe, at 48 years old, I am not sure I have all that much to say that everybody before me hasn’t said. I know – a woman is not supposed to tell her age; but who really cares?

Have any of you noticed that it’s Fall? It sneaks up on us, doesn’t it? This is actually my favorite time of year. But maybe, it’s also the worst. As I am sitting here typing this President’s message, the beautiful weather outside is taunting me. To add to it, one of my clients just called me to tell me she just finished a game of tennis and how glorious it is outside. Not nice!

And so, as I sit here, I am planning my great escape. What day, afternoon, or any time, can I take off to go out and enjoy this glorious weather! My awesome, fun cousin, Holly, just called me and told me she is coming for a visit next weekend but, somehow, I have a hearing scheduled that Friday afternoon. How the heck did I let that happen? Isn’t there a rule that, once you turn 40, you no longer have to work on Friday afternoons or early morning on Mondays? I thought there was. I don’t think Magistrate Ellis got that memo – wait, I don’t think she’s 40 yet! Do you think she’ll agree with my over-40 rule once she is?

Seriously, my cousin’s motto is “I’m not on your vacation”. Still, I think my motto should be “I am on your vacation”. What other way to try to plan a little time to sneak out on a beautiful day than to somehow tag along with someone who is having fun. Don’t you think Naples would be a fun place to go on vacation? And yet, when you work here, it doesn’t seem like a vacation destination, does it? And so, the glorious weather, and its enjoyment, will have to wait for the weekend (or at least Friday evening!)

At the CCBA, we have a lot of Fall events planned – the two most fun events geared towards families. Both are opportunities to get out, have some fun, meet people, and are FREE (well, at least mostly). First, we have the holiday parade. The parade is on December 10th. This is a really fun event! We have a themed float, our members walk with their families and toss candy to the audience. This year, I am driving my dad’s 1929 Model A Ford behind the float. I am praying it does not overheat. If it does, I will need a lot of lawyers to help me push it. Well, at least the weather will be nice.

The CCBA Christmas party is a DO NOT MISS event! This event is held at the Naples Bay Resort each year. This year, it is on December 12th and is completely free for all children. My daughter, Gabby, looks forward to this event each year and asks me if “the Judge” is going to dress up as Santa. She has not yet asked me if he “is” Santa but that may, one day, be coming.

One final note. After I drafted this President’s Message, I mentioned the Friday rule to Magistrate Ellis and she noted that her 40th birthday is coming up in December. Happy Birthday! No more Friday hearings?


PrEsiDEnT’s MEssAgE By Tamara L. Nicola, Esq.

Happy fall, y’all!


LEgAL AiD nOTEs

Celebrating our 10th anniversary

By Jeffrey A. Ahren

Throughout the upcoming year, we will be celebrating 10 years of Legal Aid Service of Collier County serving the legal needs of our poorest and most vulnerable residents! Thanks to your generous support, the capacity of Legal Aid to assist those less fortunate continues to grow. More than 2,000 clients received free legal services on matters of life-changing significance last year. As 2013 comes to a close, please remember Legal Aid in your end of year giving! Your donation is tax deductible, and gifts of any amount would be greatly appreciated and can be made payable to “Legal Aid Service of Collier County” and mailed to our address at 4125 Tamiami Trail, Naples FL 34112. For information call (239) 298-8130.

‘Wills for Heroes’ Pro Bono event – Recap

Our 2nd Annual ‘Wills for Heroes’ Veteran’s Day Pro Bono Clinic was held on Saturday, November 9th. Thanks to the efforts of the 10 pro bono attorneys and other volunteers, the event was hugely successful – as more than 40 local ‘heroes’ received Wills and other basic estate planning instruments! Legal Aid, in partnership with host firm Cohen & Grigsby and Trusts and Estates pro bono attorneys from several leading local firms prepared Wills, Medical Care Directives, and Power of Attorney instruments for some very special ‘heroes’ in our community – including local Military Veterans, Police Officers, Firefighters, and EMT’s/First Responders.

I would like to thank Kelley Geraghty Price, Esq., for her outstanding leadership in organizing this event, and to her firm for hosting. A special thanks also to Blake Kirkpatrick, Esq., who created the templates used at the event. Many thanks also to the following attorneys for their pro bono service at the “Wills for Heroes” event: Robert Lancaster, Esq., Jacqueline Denton, Esq., William Pearson, Esq., William Burke, Esq., Susan Nesbet-Sikuta, Esq., Rachel Barlow, Esq., Denise Cazobon, Esq., Travis Hayes, Esq., and Connie Shipley, Esq... Legal Aid thanks these pro bono attorneys for their outstanding service! Thanks also to the paralegals and others who volunteered to serve as witnesses and notaries.

Barrister’s Bash 2014 – Secure your sponsorship and tickets

Legal Aid’s 10th Anniversary Barrister’s Bash event is sure to be our biggest and best event to date – secure your ticket early to ensure you will be a part of the festivities! The ‘Bash’ will be held in the evening at the Hilton Hotel in Naples on Thursday, May 1, 2014. Tickets are $125 per person, and the event includes cocktail hour, a three course dinner, complimentary glass of wine, silent auction, live auction, and a community awards ceremony.

The Steering Committee for the 2014 ‘Bash’ is hard at work to secure great items once again for our silent and live auctions. Stay tuned for more details about the ‘Bash’ in the January issue of Adverse Witness, as we announce our ‘Major Award Winners’ and Honorary Chairs for 2014. There is no better way to support Legal Aid at the Barrister’s Bash than to be a Sponsor in 2014. All Sponsors receive tickets to the ‘Bash,’ and many other benefits – which vary by level. The following is a list of Sponsorship Levels for 2014:

10TH ANNIVERSARY TITLE SPONSOR ($10,000) Includes: 1 full table at the event (10 tickets) with company name and logo on table (8” x 10” display); choice of table location; full page ad on back inside cover of written event program and logo on the front cover; full size banner or display in the ballroom at the event; remarks from the podium as Title Sponsor; invitation to an exclusive pre-event VIP party; complimentary drinks for all guests at the title sponsor’s table; top listing on event sponsor board; recognition in all pre-event promotional materials and on Legal Aid’s website and social media sites; exclusive branding opportunities (including literature and/or multi-media); and invitation to an exclusive ‘wine down’ after party at Shula’s, complete with gift bags for all attendees.

Legal Aid Service of Collier County is committed to working

alongside the private bar and membership of CCBA to make

the Collier Lawyers Care pro bono attorney program the best

of its kind in the State of Florida. Two immediate goals they want

to achieve are increasing the number of pro bono volunteer

attorneys in the CLC program, and expanding public awareness about CLC and the impact Legal

Aid Service of Collier County has on the community by offer-

ing free civil legal services to the underserved population of Collier County. To learn more

about LASCC and Collier Law-yers Care, contact Mr. Jeffrey A.

Ahren or Ms. Karenin Hache at (239) 298-8143; email khache@

legalaid.org.

continued on page 12


MArK YOUr CALEnDAr

Register for any event through Hilda Taylor.Phone: 239-252-8250

[email protected].

DECEMBER

JANUARY

3 Trial Law Section Luncheon Bonefish Grill, 12:00 p.m. TL Members - $25; Non-members - $30

5 Trusts and Estates Section Luncheon Northern Trust, 12:00 p.m. Free event – please bring your own lunch

10 Young Lawyers Board Meeting Sweet Home Chicago, 12:00 p.m.

10 Naples Holiday Parade Downtown Naples, 5:00 p.m. Walk with the CCBA float

11 Trial Law Board Meeting Sushi Thai, 12:00 p.m.

12 Real Estate Section Luncheon Kensington Country Club, 12:00 p.m. RE Members - $25; Non-members - $30

12 CCBA Holiday Party Naples Bay Resort 6:00 p.m. – 8:00 p.m. Adults - $20; Children – Free

13 Legal Aid’s Adopt-A-Family Holiday Party Fleischmann Park 5:00 p.m. – 7:00 p.m.

17 Inns of Court Naples Bay Resort, 5:45 p.m.

19 CCACDL Luncheon Eurasia, 11:45 a.m.

24-26 CCBA Offices Closed for Christmas Holiday

31 CCBA Offices Closed for New Year’s

1 CCBA Offices Closed for New Year’s

7 CCBA Board Meeting CCBA Offices, 7:30 a.m.

7 CCB Foundation Board Meeting CCBA Offices, 8:30 a.m.

8 Trial Law Board Meeting Sushi Thai, 12:00 p.m.

9 Real Estate Section Luncheon Kensington Country Club, 12:00 p.m. RE Members - $25; Non-members - $30

10 CCBA Membership Luncheon Kensington Country Club 12:00 p.m. Members - $20; Non-members - $30

14 Young Lawyers Board Meeting Sweet Home Chicago 12:00 p.m.

15 Family Law Section Luncheon Bonefish Grill, 12:00 p.m. FL Members - $25; Non-members - $30

16 Trusts & Estates Section Luncheon Northern Trust, 12:00 p.m. This is a free event – bring your own lunch

17 Ethics Seminar – Co-hosted by the Young Lawyers, Trial Lawyers & the CCWBA Naples Hilton 8:00 a.m. – 12:00 p.m. YL, TL and CCWBA Members - $60; All others - $70

21 Inns of Court Naples Bay Resort, 5:45 p.m.

22 CCWBA Luncheon Northern Trust 12:00 p.m.

Event PolicyIt is the policy of the Collier County Bar Association to request that all reservations for our events are placed at least two days prior to the event.

We are always willing to accommodate our members; however, event sites must order food two days prior to an event.

Also, it is the policy of the Collier County Bar Association to issue refunds ONLY if a member cancels a reservation two days prior to an event. If a member cancels the day before, or the day of an event, a refund will not be issued.

We appreciate your consideration of this policy.


By The Hon. Jay B. RosmanChief Judge, Twentieth Judicial Circuit

Administrative Order No. 2.35

WHEREAS, the Florida State Courts System and Clerks of Court are steadily moving in the direction of increased reliance upon electronic filing, electronic service, electronic schedul-ing, and electronic case dockets, as provided for by the Florida Supreme Court Standards for Electronic Access to the Courts (adopted June 2009, modifications adopted May 2013);

and

WHEREAS, the ability to accurately and quickly identify or locate court pleadings, orders and other documents serves the interest of minimizing confusion and serves the further purpose of ensuring the judicial proceedings are handled as expeditiously and efficiently as possible;

and

WHEREAS, several provisions within the Florida Rules of Courts already provide that docu-ments filed shall be styled or captioned in such a manner as to indicate clearly the subject matter of the document and the party requesting relief; Fla. R. Civ. P. 1.100; Fla. R. Crim. P. 3.090;

In accordance with the authority vested in the Chief Judge pursuant to Fla. R. Jud. Admin. 2.215, it is ORDERED as follows:

1. Title or Caption of Pleadings: When a party to a proceeding before the Courts of the Twen-tieth Judicial Circuit, or counsel, files a pleading, document or notice of hearing, or submits a proposed order, the party or counsel shall, for ease of further reference, title or caption with specificity the pleading, document, notice of hearing, or proposed order so as to facilitate the ability to quickly identify and locate same utilizing only the title or caption.

2. Pleadings Referenced Within Other Pleadings: When a party to a proceeding before the Courts of the Twentieth Judicial Circuit, or counsel, files a pleading, document or notice of hearing, or submits a proposed order, which includes a reference to a previously filed plead-ing, document or to the motion being scheduled for hearing, the party or counsel shall, for ease of further reference: (1) identify with specificity the previously filed pleading or docu-ment referenced therein, or the motion being scheduled for hearing; (2) identify the previously filed pleading or document referenced therein, or the motion being scheduled for hearing, by the date it was filed with the Clerk of Court; and, (3) if available, identify the previously filed pleading or document referenced therein, or the motion being scheduled for hearing, by the docket line or docket number, as may be reflected on the Clerk’s online web portal, if acces-sible by the party or counsel.

3. Hearings Scheduled Through JACS: When a party to a proceeding before the Courts of the Twentieth Judicial Circuit, or counsel, files a notice of a hearing scheduled through the Judicial Automated Calendaring System (JACS), and if the party or counsel receives a JACS confirmation number, the party or counsel shall include the JACS confirmation number within the caption of the written notice of hearing.

4. Failure to comply with the provisions of this Administrative Order or the applicable rules of procedure may, within the discretion of the judge and in accordance with applicable case law, result in the pleading being stricken. However, this Administrative Order is not intended to circumvent any jurisdictional time limitations and shall not be construed or applied as such.

5. To the extent that any provision of this Administrative Order may conflict with any rule, case law, or statute, the rule, case law, or statute will prevail.

DONE AND ORDERED in chambers in Fort Myers, Lee County, Florida, this 30th day of October, 2013.

Jay B. RosmanChief Judge

In Re: Identification of Court pleadings with specificity


It the last article, the Ethics Korner focused on “cloud computing” and The Florida Bar’s relatively new advisory Opinion 12-3, affirmed by the Board of Governors on July 26, 2013. As a result, lawyers may ethically use cloud computing for storage and data at a remote lo-cation if they utilize reasonable precautions to ensure confidentiality of client information, that the service provider has adequate security, and that the lawyer has adequate access to the information stored remotely.

In this world of changing technologies, the lawyer should also be mindful of other advisory opinions that address electronic storage, electronic data and use of storage media. The following highlights several opinions that relate to technology in the practice of law.

Opinion 06-1 Regarding Electronic Storage of Files. This opinion addresses the storage of files electronically. Lawyers are not required by the Bar to store files electronically, although they may do so. The main consideration in file storage is that the appropriate documents be maintained, not necessarily the method by which they are stored.

For example, a law firm may store files electronically unless: (1) a statute or rule requires retention of an original document, (2) the original document is the property of the client, or (3) destruction of the paper document adversely affects the client’s interest. Lawyers must take reasonable precautions to ensure confidentiality of client information, particularly if the lawyer relies upon third parties to convert and store paper documents to electronic records.

In addition, lawyers are cautioned that electronic files must be readily reproducible and protected from inadvertent modification, degradation or destruction. The lawyer may charge a reasonable copying charge for producing documents for clients. See Opinion 88-11.

Opinion 06-2 Regarding Metadata. This opinion addresses the duties of a lawyer when sending or receiving an electronic document. The highlights of this opinion can be sum-marized as follows: (1) the sender shall safeguard data, (2) the recipient shall not “mine” data, (3) notification is required if you inadvertently obtain data, and (4) lawyers may have an obligation to be trained and educated on transmission technology.

It is the sending lawyer’s obligation to “take reasonable steps to safeguard the confidential-ity” of all communications sent by electronic means and to protect all confidential informa-tion, including information contained in metadata. Metadata is defined as “information describing the history, tracking or management of an electronic document”. Likewise, it is the recipient lawyer’s obligation not to try to obtain information from metadata - that the recipient “knows or should know is not intended for the recipient.” If the recipient lawyer inadvertently obtains information from metadata that the recipient knows or should know was not intended for the recipient, the lawyer must “promptly notify the sender”.

The opinion also states that the foregoing obligations may necessitate a lawyer’s continuing training and education in the use of technology for transmitting and receiving electronic documents, in order to protect client information as required by Rule 4-1.6(a).

Opinion 10-2 Regarding Use of Storage Media. The Bar previously addressed the ethical obligations regarding information stored on devices that contain “storage media”. Such de-vices include equipment you routinely find in an office such as printers, copiers, scanners and facsimile machines, as well as mobile devices such as cellular phones, smart phones, PDA’s, flash drives, memory sticks and other electronic digital devices (“devices”). The Bar considers the term “storage media” to include any media that stores digital representations of documents.

continued on page 12

Ethical considerations in technology

ETHiCs KOrnEr By Jason Hunter Korn, Esq.


BULLETin BOArD

Got news?Contact Lisa Mead by

calling 252-8711 or drop an email

line to [email protected]

CLASSIFIED

ANNOUNCEMENTSLaird A. Lile, a wills, trusts and estates at-torney in Naples, was a speaker during the annual Probate Team conference present-ed by the Florida Legal Education Associa-tion on Oct. 4 and 5 in Orlando. Lile’s pre-sentation, titled, “Wrongful Death Actions – The Personal Representative’s Role,” was based on his extensive experience dealing with the nuances of complex estate and trust administration. An elected member of the Board of Governors for The Florida Bar, Lile was reappointed to a second three-year term on the Supreme Court’s Florida Courts Technology Commission, which is overseeing the technological overhaul of the state’s courts. Lile is certified by The Florida Bar in wills, trusts and estates. He is an elected member of the Board of Re-gents, the immediate past state chair and a fellow in the American College of Trust and Estate Counsel. Laird A. Lile, P.A., offers legal counsel on estate- and trust-related matters, including estate planning, estate and trust administration, probate-related litigation and tax matters. The firm’s office is located at 3033 Riviera Drive, Suite 104, in Naples. For more information, call 239-649-7778 or visit www.LairdALile.com

Rebecca M. Vaccariello, litigation attorney at Salvatori, Wood, Buckel, Carmichael & Lottes was selected to Chair the Growing Associates in Naples (GAIN) Class of 2014. Ms. Vaccariello was a member of the GAIN Class of 2013. GAIN is a program of the Greater Naples Chamber of Commerce designed for emerging leaders and profes-sionals in Collier County.

The national law firm of Quarles & Brady LLP has established an ongoing scholar-

ship through the American Bar Association (ABA) Legal Opportunity Scholarship Fund in honor of the firm’s former chairman, John W. Daniels Jr. The scholarship was launched with over $100,000 in contribu-tions from Quarles & Brady, colleagues of Daniels and numerous other friends and clients, and the total is expected to grow. The initial total alone is the largest one-time donation from sources outside the ABA since the ABA Legal Opportunity Scholar-ship Fund was founded. The American Bar Association Legal Opportunity Scholarship grants 20 incoming diverse students with $15,000 of financial assistance, awarded over the course of three years of law school. Since its inception, the scholarship fund has helped to benefit more than 260 deserving students across the nation.

The law firm of Klaus Doupé PA, formerly Asbell, Coleman & Ho PA, recently cel-ebrated the Firm’s 20th Anniversary, and looks forward to serving Southwest Florida for the next 20 years!

The national law firm of Quarles & Brady LLP announced that Sara Dunn has joined the firm’s Naples office as an associate in the Commercial Litigation Practice Group. While in law school, Dunn served as a law clerk at Infinite Energy, Inc. where she com-pleted legal research projects and drafted various state and federal court documents. She received her law degree cum laude, and her master’s and undergraduate de-grees magna cum laude in International Studies from the University of Florida.

inclusion Policy

If you are a CCBA member in good standing and you’ve

moved, been promoted, hired an associate, taken on a partner, or

received an award, we’d like to hear from you. Talks, speeches

(unless they are of national stature), CLE presentations and

political announcements are not accepted. In addition, we will not print notices of honors

determined by other publications (e.g., Super Lawyers, Best

Lawyers, etc.).

Notices must be submitted in writing and limited to 100 words;

they are printed at no cost to members and are subject to

editing. E-mail your notice to [email protected].

UPSCALE LEgAL OFFICE SPACE for lease in prime North Naples location (Park Central Court). 1 to 4 Offices available with shared use of conference room with existing firm. Of counsel relationship possible. $550 to $750 per month per office. Call Al for more informa-tion at 596-9522.


Winter travels

gUEsT EDiTOriAL By Carol O’Callaghan, Esq.

I may be alone in this, but I prefer to travel in winter rath-er than summer. Crowds are usually smaller, lines short-er, and prices lower, etc. I grew up in Dublin, Ireland and, having never really adjusted to the Florida heat, I still really miss the winter. Because of this, an added benefit of winter travel is that I also get to experience cold weather for a couple of weeks and, usually, at least a part of the Holiday Season in another city.

I typically head home to Dublin at least once a year and as close to the holidays as possible. The year before last I tacked on a few extra stops - in London, Prague and New York City. This was the perfect trip for me as I love the hustle and bustle of a big city at the holidays. The window decorations in stores, the holiday markets, the street buskers and carolers, and the scent of roasting nuts and hot chocolate throughout the city just can’t be beat.

My sister, Kathleen, had recently moved to London, so I started out there. Between the mag-nificent palaces, parks, and other outdoor activities and the theaters, museums, and shopping areas, there is an almost endless amount of things to see and to do in London.

We spent Thanksgiving in front of a huge roaring fire at an old, traditional London pub – liter-ally directly across the street from Kathleen’s front door. The chef at the pub prepared a full Thanksgiving meal and we were joined by American ex-pats, and a very large number of English and Irish people who had spent past Thanksgivings in the US and liked to carry on the tradition upon returning to London. It made for a wonderful celebration.

Among the many things we did while I was in London was a trip to the London Eye (a massive ferris wheel type ride that allows you to see much of the city from above), an evening at the ballet, and another at a brilliant one-man production of Dickens’ ‘A Christmas Carol’. We hit all of the Christmas Markets in Hyde Park, visited Buckingham Palace, Harrods, and as many of the museums as we could. The picture on the cover of this edition of the Adverse Witness is from one of our outings to Covent Garden Markets.

We traveled to Prague, Czech Republic for several days too. We were there for the opening of the Christmas Markets and the official start of their Holiday Season. Prague is a very interest-ing mix of old world architecture and communist era architecture and is surprisingly easy to get around. I really did not know what to expect before going there, but the people were all lovely and though I don’t know a word of Czech, our attempts at basic communication were appreci-ated but completely unnecessary as just about everyone spoke English. Visits to the Charles Bridge, the Astronomical Clock in the Old Town Square, the Jewish Quarter, and a monastery that still has an active brewery and were just a few of the highlights of our time there.

Maybe it is because it is my hometown and I’m not exactly impartial, but Dublin is probably my favorite place to celebrate the holidays. Most of my time was spent with friends and family so I did not do a lot of sightseeing, but one place I made sure to visit was the City Centre. Grafton Street, one of the main pedestrian shopping streets in the City Centre, when it is all lit up and decorated, is pretty remarkable. And, there is nothing like coming home after spending a day in the city and warming up in front of a fire with a nice big cup of tea.

The week after I returned to Florida, I hopped on a plane again and went to New York City with a friend for the long weekend just before Christmas. We met up with Kathleen, as she was com-ing back to Florida for Christmas and the New Year and had a wonderful time. I’m guessing I don’t have to describe NYC at the holidays to any of you – even if you’ve never been yourself, I’m sure you’ve seen it in plenty of movies. And, it really does live up to all your expectations. NYC at that time of year is truly magical and I’d encourage any of you to make the trip at least once if you can.

I’ve been lucky as I’ve been able to do a lot of international traveling but this trip was something special – probably one of my favorites yet. Hope you enjoy the pictures!

View of Big Ben and Houses of Parliament from London Eye.

Some of the Grafton street lights -- Irish Happy Christmas to you

Prague Castle from Charles Bridge

Prague at night

Inside the walls of Prague Castle


Investor litigation update

By Kristian Kraszewski, Esq.gUEsT EDiTOriAL

Puerto Rico Bond and Bond Fund Investors Sustain Large LossesPuerto Rico bonds and bond funds have historically maintained popularity with finan-cial professionals because these investments are exempt from federal, state, and local tax requirements. Accordingly, investors in Puerto Rico and throughout the United States routinely maintain holdings in Puerto Rican debt investments. Unfortunately, the economy in Puerto Rico has fallen on hard times, and the major ratings agencies have reduced Puerto Rico’s debt rating to junk status. As a result, investors in Puerto Rico bonds, bond funds, and closed end funds have suffered substantial losses to their retirement savings. Redemptions and further declines in Puerto Rico’s debt rating may lead to additional market losses.

Proper asset allocation and diversification would of course balance out the volatility of any Puerto Rican investments in your portfolio. However, investors with portfolios concentrated in Puerto Rican debt investments have seen declines in excess of 30% during a time when the overall financial markets are at all-time highs. To make matters worse, certain investors were advised to use Puerto Rican debt investments as col-lateral for loans. The decline in investment value increases the amount owed on these loans.

Several firms have received regulatory notices and/or fines regarding the sale of these investments1. Investors with concentrated losses in Puerto Rican bond investments have filed arbitration claims with the Financial Regulatory Authority (FINRA). It is wide-ly expected that investor arbitration claims will be filed well into 2014.

Kristian Kraszewski is the managing partner of the Kyros Law Offices securities litiga-tion department, having represented hundreds of investors in FINRA arbitration claims. Mr. Kraszewski opened the firm’s Naples office in 2012.

http://www.sec.gov/litigation/admin/2012/33-9318.pdfhttp://www.reuters.com/article/2013/08/07/santander-finra-idUSL1N0G724E20130807


The City of Naples’ 20th Annual Christmas Parade

will commence at 6:00 p.m. Tuesday, December 10, 2013.

The Collier County Bar Association encourages you to arrive early

and walk along with our 2013 parade entry: two classic cars.

During this fantastic community event, thousands of spectators

line the City’s historic 5th Avenue to enjoy the floats, marching

bands, music, and characters that make the parade so special.

The CCBA has traditionally participated in the Christmas Parade,

and this year is no exception. The Young Lawyers’ Division invites

you and yours to join the effort to make this year’s “Christmas

in Paradise” themed entry a contender for the coveted “Best

Overall Theme” award. If you are interested

in walking along or helping with the CCBA’s parade entry,

please contact Rachel Kerlek at [email protected] for

details. As an added bonus, anyone joining us for the parade

will be given a complimentary admission for the CCBA Holiday

Party. Contact Hilda Taylor at [email protected] or

252-8250 to register for the party.

The parade will proceed north from the corner of Broad

Avenue and 3rd Street South, along Fifth Avenue South to

8th Street South, where it will end at City Hall. We look

forward to seeing you there! Happy Holidays!

Christmas Parade!


Legal Aid continued from page 5

VISIONARY LEVEL ($5,000) Includes: 1 full table at the event (10 tickets), with company name and logo on table (8” x 10” display); full page ad in written event program; invitation to an exclusive pre-event VIP party; listing on event sponsor board; recognition in pre-event promotional materials and on Legal Aid’s website and social media sites; table location priority; 10 free drinks, and invitation to an exclusive ‘wine down’ after party at Shula’s.

AMBASSADOR LEVEL ($2,500) Includes: 1 full table at the event (10 tickets), with company name and logo on table (8” x 10” display); full page ad in written event program; invitation to an exclusive pre-event VIP party; listing on event sponsor board; recognition in pre-event promotional materials and on Legal Aid’s website and social media sites; and table location priority.

LEADERSHIP LEVEL ($1,500) Includes: 1 full table at the event (10 tickets), with company name and logo on table (8” x 10” display); full page ad in written event program; invitation to an exclusive pre-event VIP party; listing on event sponsor board; recognition in pre-event promotional materials and on Legal Aid’s website and social media sites.

PARTNER LEVEL ($1,000) Includes: 4 tickets to the event, a ½ page ad in the written event program; listing on the event sponsor board; and recognition on Legal Aid’s website and social media sites.

ADVOCATE LEVEL ($500) Includes: 2 tickets to the event, a listing on the event sponsor board; and recognition on Legal Aid’s website and social media sites.

To order tickets or reserve your Sponsorship today, call Jeff Ahren, Legal Aid’s Director of Development, at (239) 298-8130 or email [email protected] .

National Pro Bono Week Clinic – Recap

To celebrate ‘National Pro Bono Week’ Legal Aid Service of Collier County conducted a Pro Bono Legal Clinic at Legal Aid’s Naples office in the evening on Thursday, October 24, 2013. This third annual National Pro Bono Week Clinic was a huge success! Nearly 50 clients received advice and counsel from pro bono attorneys on a host of critical legal issues (including divorce and custody, foreclosure defense, immigration law, employment law, bankruptcy and other civil legal matters).

Legal Aid thanks the following pro bono attorneys for their service at the October 24th Clinic: Edward Larsen, Esq., Patrick Neale, Esq., Mike McDonnell Sr., Esq., Hunter Felknor, Esq., Alex Peterson, Esq., Greg Champeau, Esq., Eunice Gedeon, Esq., Colette Kellerhouse, Esq., Keith Williams, Esq., Francesca Passeri, Esq., Tim Hains, Esq., and David Steckler, Esq. These attorneys all gave of their time and talent after a full work day to provide advice and counsel to low income clients on matters that have a substantial impact on the lives of these individuals. Many thanks also to the other volunteers – including David Steckler’s FGCU interns. Congratulations to each of these attorneys – and to all the volunteers - for making this clinic such a success!

Many lawyers do not realize it, but they have a duty to take “reasonable steps” to ensure client confidentiality when us-ing such devices and to ensure that the device is sanitized before disposition. This includes (1) identification of the po-tential threats to confidentiality and implementing policies to address them, (2) inventory of the devices, (3) supervision of nonlawyers to obtain adequate assurances regarding device use, and (4) responsibility for sanitization by requiring mean-ingful assurances from the vendor at the intake of the device and confirmation of sanitization at disposition. A lawyer’s su-pervisory responsibility extends not only to the lawyer’s own employees, but also to entities with whom the lawyer con-tracts to assist with the care and maintenance of the device.

One section of the opinion that gives many lawyers heartburn is the requirement that a lawyer should use care when using devices in “public places” such as copy centers, hotel business centers and outside offices where the lawyer has little or no control. In those situations, the lawyer should inquire whether the use of such devices would preserve confidentiality. The lawyer should also obtain adequate assurances that the de-vice will be stripped of all confidential information before its disposition.

The Ethics Korner focuses on various ethical issues, pertinent ethical opinions and decisions issued at meetings of The Flor-ida Bar’s Professional Ethics Committee (PEC). The author, Jason Korn, is an attorney, shareholder and Managing Direc-tor of the Florida office of Cohen & Grigsby. He is a member of the Litigation, Construction, and Shareholder and Partnership Dispute Practice Groups of the firm. He is also a member of the PEC, having served on the Committee for two terms from 1999 to 2005, and reappointed again in 2008, with his current term extending to 2014.

Ethics Korner from page 7

Have You ConsideredJoining the LawyerReferral Service?If not, perhaps you should.

Did you know that during 2012 nearly 2,300 referrals were made? Attorneys on our panels received more than

$223,000 in fees from clients referred to them by the LRS. There are currently many panels that have four or

fewer attorneys. This is a great opportunity to grow your practice. If you are interested in becoming a

member of the service, or if you have any questions, please contact

Julianne Gilmore at 239-252-8138

or [email protected].


Remember when... Investiture of Judge Lauren Brodie, February 1, 2002.

If you have any content, new or old, that you would like to see published, please do not hesitate to contact me at [email protected] or give me a call at 239-649-2716. – Marc Huling


A perfect tropical evening is the only way to describe the DCA Dinner held on October 17, 2013. Leis and floral prints were the uniform of the night as everyone enjoyed the sunset and spectacular food at the Port Royal Club. We were honored to not only host the judicial panel from the second DCA, but to also present the Lion of the Law award to Bob Goldman. In juxtaposition to all of this legal prow-

ess, we were also privileged to swear in two new attorneys. What an amazing way to start a career.

DCA Dinner 2013


The Collier County Bar Association gratefully acknowledges the generous sponsors who make this evening pos-sible.

Gold SponsorsAve Maria School of LawCardillo, Keith & Bonaquist, PACheffy Passidomo, PACohen & Grigsby, PCHahn, Loeser & Parks, LLPLaird A. Lile, PAQuarles, & Brady, LLPReal Estate Section of the CCBARobins, Kaplan, Miller & Ciresi, LLPTarnow Law Firm

Silver SponsorsColeman, Hazzard & Taylor, PAEdward L. Larsen, Esq, PAGrant Fridkin Pearson, PA

Bronze SponsorsBerry, Day & McFee, PA Cole, Scott & Kissane, PA DeLisi & Ghee, Inc.Gray Robinson, PAFamily Law Section of the CCBASilverio & Hall, PATrial Law Section of the CCBATrusts & Estates Section of the CCBA WestlawZelman & Hanlon, PA

Thank you!

Adverse Witness, December 2013 Page 17 Adverse Witness, December 2013

“Many men go fishing all of their lives without knowing that it is not fish they are after.”

– Henry David Thoreau

And while their were plenty of fish caught at the annual Foundation Fishing Tournament, there were also other reasons to be there. It was a perfect day with great food, music,

the laughter of children and boon companions with whom to share it all. Proceeds from this event benefitted Friends of Foster Children.

The Collier County Bar Foundation gratefully acknowledges the sponsors that make this event possible.

Sleeve SponsorsThe Boatman Law FirmCummings & Lockwood

Shirt SponsorDoyle Conflict Resolution

GoldAkerman, SenterfittAve Maria School of LawGibraltar Private BankHahn, Loeser & Parks, LLPLaird A. Lile, PAReal Estate Section of the CCBARoetzel & AndressWeldon & Rothman, PLWicker, Smith, O’Hara, McCoy & Ford, PAWoodward, Pires & Lombardo, PA

SilverGrant Fridkin Pearson, PA

BronzeBerry, Day & McFee, PAColeman, Hazzard & Taylor, PAFamily Law Section of the CCBAGray Robinson, PAIntegra ConstructionCheryl R. Kraus, PANorthern TrustSeisky, Pilon & PotterTrial Law Section of the CCBA Trusts & Estates Section of the CCBAShad White, Wells Fargo AdvisorsWilson & Johnson


Thank you for your supportOn September 8, 2012 at 6:30am – Alan Martinez, a Lely High and Air Force Academy graduate, a second year law student at USC School of Law in Columbia, SC, and son of CCBA and CCWBA member Jeanette Martinez Lombardi, was hit head-on by a drunk driver driving on the wrong side of the highway. Alan was critically injured and spent 3 months in a coma.

Over a year later and after multiple surgeries, Alan is still in recovery from his traumatic brain injury. At his mother’s home since February 2013, and defying many odds, he is making good progress with 24-hour-a-day assistance from Jeanette, who is his primary caregiver. His progress has been tremendous, but there is more work ahead – much of which is uncovered by insurance. In fact, due to various factors dealing with insurance coverage, Alan was unable to receive consistent therapies until recently. As of October, Alan has started attending outpatient physical therapy. Unfortunately, Alan’s home, through no fault of his, is now in foreclosure, and his mother has depleted her life savings in making certain that he has good care, therapies and good nutrition.

In the Fall, several of the past presidents of the Collier County Women’s Bar Association, along with a few other friends (Arlene Austin, Jacqueline Buyze, Mary Beth Clary, Tara Miller Dane, Sharon Hanlon, Kim Hastings, Susan Healy, Starling Hendriks, Rachael Loukonen, Maggie McMorrow, Tara Mucha, Carol O’Callaghan, Jeanne Seewald and Kim Spiker) joined together to help raise funds to assist Alan and Jeanette through his recovery.

In October we held our first fundraiser at the home of Mary Beth Clary and the attendance was wonderful. Your generosity to date has been incredible and we are all extremely thankful to you.

If you were unable to join us at the October Fundraiser, you can still make a direct donation payable to the following trust account: Irrevocable Trust FBO Alan G. Martinez dated January 18, 2013 (Michael G. Martinez, Trustee)

Any donations may be mailed to: Jeanette Martinez Lombardi Re: Alan G. Martinez 6781 Southern Oak Court Naples, FL 34109

If you are not able to make a donation at this time, but would like to help in an alternate way, we have also set up a “Grocery Run” signup sheet. The idea behind this is that each week two people sign up to handle Jeanette’s grocery run for the week. Though this may not seem like a much, it is 2 – 4 hours Jeanette is able to save each week and this has allowed her to start spending more time at her office and has also allowed her to leave the house for short walks for the first time in almost a year. If you are interested in participating, please email [email protected], for more information.

Again, from all of us who have been involved in this initiative, thank you so much for your support. It is truly heartwarming to see what a caring and generous community we belong to.

Finally, on a personal note, some of you know I lost my sister and a very dear family friend in a similar accident, several months before Alan was so critically injured. As the holidays and celebratory parties are upon us, I implore you to please, please think twice before drinking and driving. Don’t take the chance of putting anyone through what Alan, Jeanette and their family or my family and I have been through. Call a cab, call a friend, or even call me, but don’t get behind the wheel if you are in any way inebriated. Enjoy the Holiday Season, but enjoy it responsibly.

By Carol O’Callaghan, Esq.COMMUniTY OUTrEACH

Adverse Witness, December 2013 Page 19

TheCollier County

Bar Foundationis

LawyersGivingBack

For information on how you can help, visit our website.

www.colliercountybar.org

The purposes of the Collier County Bar Foundation are:Provide funding for qualified individuals for law-related activities.Encourage and promote education and community awareness of the law.Pursue and participate in charitable endeavors benefiting youth and underprivi-leged populations in Southwest Florida.Did you know?The Foundation is a 501(c)3 organization. The Foundation hosts events throughout the year to raise funds in support of legal education and local charities.The Foundation works with other local organizations such as the Collier County Public Schools and Legal Aid.

100 Lawyers Giving BackErica AirsmanAnonymous

Basil BainGlenn BallengerRaymond BassVictor Bayata

Jerry BerryChristopher Bray

Lauren BrodieDavid Budd

John T. CardilloJohn J. Cassidy, Jr.

Edward CheffyMary Beth ClaryJohn C. CloughHenry Cohen

Kevin G. ColemanKristin M. Conroy

Michael CorsoKevin CrewsDonald Day

Celia E. DeifikKevin DentiSonia Diaz

Robin DoyleLawrence FareseAaron Farmer

Michael FeldmanAnn Frank

Yale FreemanThomas GarlickD. Fred GarnerNicole L. Goetz

Thomas A. Graham, IIIRobert B. GrazianoRobert R. HagamanTimothy G. Hains

Sharon HanlonFrederick Hardt

Hugh HayesTravis HayesSusan Healy

Starling HendriksGregory Holtz

Henry Paul JohnsonF. Edward Johnson

John KehoeThad Kirkpatrick

Jason H. KornA. Stephen KotlerAndrew Krause

Robert LancasterSuzanne D. LanierEdward L. Larsen

Rachael LoukonenThomas E. MaloneyMichael McDonnell

G. Carson McEachernShannon McFee

Roger G. McMorrowMaggie McMorrow

David MourickWilliam MyersTamara Nicola

Jeff NovattJames Nulman

Jim O’LearyJohn Passidomo

Kathleen PassidomoJames Pilon

Michael RahebCathy Reiman

Bardley RothmanJoshua D. RudnickN. Paul San Filippo

Jeanne SeewaldWayde P. Seidensticker

Mark SlackAndrew SolisKim Spiker

Randall SpiveyGuichard St. SurinRobert J. Stommel

Herman H. TarnowRebecca Vaccariello

Eric J. VasquezChristopher Vernon

Patrick WeberRichard Weldon, II

Ted WolfendaleEdward E. Wollman

Rebecca Zung-Clough

The Collier

County Bar

Foundation …

Lawyers

Giving

Back

For information on how you can help visit:


The Collier

County Bar

Foundation …

Lawyers

Giving

Back

For information on how you can help visit:


The

Collier County

Bar Foundation

is

LawyersGivingBack

For information on how you can help, visit our website.



2013Law Office Assistance ...........................................................................Page 21Education ..................................................................................................Page 21Wills, Trusts & Estates .......................................................................... Page 22Employment Law ................................................................................... Page 22Bankruptcy .............................................................................................. Page 22Personal Injury ............................................................................... Pages 22, 27Legal/Nurse Consulting ....................................................................... Page 23Insurance .................................................................................................Page 24Mediation & Arbitration ...............................................................Pages 25, 31Printing & Copies .................................................................................. Page 25BP Settlement Claims ..................................................................Pages 26, 27Litigation Image & Copy Services ................................................... Page 26Patent & Trademark Law ..................................................................... Page 27Legal Research .......................................................................................Page 28Immigration & Nationality Law ...........................................................Page 28Appellate Practice ................................................................................P2ge 28Home Health Nursing ...........................................................................Page 29Legal Notices/Advertising ...................................................................Page 29Legal & Professional Malpractice ..................................................... Page 30Paralegal ................................................................................................. Page 30Executive Services ............................................................................... Page 30

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BANKRUPTCY


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RESEARCH APPELLATE PRACTICE

Immigration Naturalization and

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David J. Mourick

Concentrating in Immigration and Nationality Law

Member American Immigration Lawyers Association

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Bonita Springs, Florida 34135

Telephone: 239-947-0535 Fax: 239-498-5398

Over 25 years experience representing criminal defendants;

and non-citizens in applications for Permanent Residence, Citizenship,

and Deportation Defense

IMMIGRATION & NATIONALITY LAW

Ad_Collier County Bar Association_Dec 2011_FINAL.indd 1 11/29/2011 1:32:00 PM

HOME HEALTH/NURSING


LEGAL NOTICES/ADVERTISING

Paralegal Networking & Monthly CLE EventsWe meet on the 3rd Thursday of each month at the DoubleTree Guest Suites in Naples; 5:30 for social hour/6:30 CLE Dinner meeting. Members $25.00 and Guests $35.00. Please RSVP to Sue Smith at [email protected] if interested in attending or if you need more information. We meet on the 4th Thursday of each month at the Hilton Garden Inn in Ft. Myers; 6:00 dinner and check-in. Members $25.00 and Guests $35.00. Please RSVP to Sabine Francisco at [email protected] if inter-ested in attending or if you need more information.

Paralegal Association of Florida, Inc. Southwest Florida ChapterAn affiliate of the National Association of Legal Assistants, Inc.c/o PO Box 110893 • Naples, Florida 34108

LEGAL & PROFESSIONAL MALPRACTICE

Page 30 Adverse Witness, December 2013

EXECUTIVE SERVICES

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