SARASOTA COUNTY BAR ASSOCIATION OCTOBER 2021 VOL. 38, NO. 9

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SARASOTA COUNTY BAR ASSOCIATION OCTOBER 2021 VOL. 38, NO. 9
SARASOTA COUNTY
BAR ASSOCIATION
OCTOBER 2021
VOL. 38, NO. 9
SARASOTA COUNTY BAR ASSOCIATION OCTOBER 2021 VOL. 38, NO. 9
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.
SARASOTA COUNTY BAR ASSOCIATION OCTOBER 2021 VOL. 38, NO. 9
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
SARASOTA COUNTY BAR ASSOCIATION OCTOBER 2021 VOL. 38, NO. 9
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SARASOTA COUNTY BAR ASSOCIATION OCTOBER 2021 VOL. 38, NO. 9
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
SARASOTA COUNTY BAR ASSOCIATION OCTOBER 2021 VOL. 38, NO. 9
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SARASOTA COUNTY BAR ASSOCIATION OCTOBER 2021 VOL. 38, NO. 9
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
SARASOTA COUNTY BAR ASSOCIATION OCTOBER 2021 VOL. 38, NO. 9
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SARASOTA COUNTY BAR ASSOCIATION OCTOBER 2021 VOL. 38, NO. 9
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
SARASOTA COUNTY BAR ASSOCIATION OCTOBER 2021 VOL. 38, NO. 9
Thomas F. Icard, Jr.
           MEDIATOR | ARBITRATOR | SPECIAL MASTER                                                     Mediation Arbitration
                                                 Certified Circuit Court and                                                      In my 30 years as a
                                              Federal Court Mediator since 1993                                                  Supreme Court Certified
                                                                                                                                 Mediator I have successfully
                                                  Available throughout Florida                                                   mediated every type of
                                                                                                                                 civil case including:
                                                    Full bio and calendar:                                                       • Construction Litigation
                                              icardmerrill.com/thomas-icard.com                                                  • Business & Commercial
                                                                                                                                   Litigation
While the necessary limitations on in person contact imposed on everyone by the current national                                 • Real Estate Litigation
 crisis remain, we are continuing with all client work remotely. Meetings, mediations, arbitrations                              • Personal Injury
and special master engagements, for those that elect to do so, are being facilitated through Zoom                                • HOA, Condo & MHP Disputes
         video conferencing. Our telephone and email contact information remains the same.                                       • Estate & Trust Litigation
                                                                                                                                 • Labor & Employment
   For full statement of qualifications and scheduling, contact Dale Burton:
                941.366.8100 x232 | dburton@icardmerrill.com                                                                     Use my experience to “help me
                                                                                                                                 help you” reach a settlement.
                • Diplomate, Florida Academy of Professional Mediators
                • Member, National Academy of Distinguished Neutrals
                • Florida Appellate Mediator and Qualified Arbitrator
                                                                                                      DANA J. WATTS
                                                                                                      BOARD CERTIFIED CIVIL TRIAL LAWYER
                • Fellow, Academy of Court Appointed Masters                                          CERTIFIED CIRCUIT COURT MEDIATOR
                • Board Certified Civil Trial Lawyer
                • Board Certified Construction Lawyer                                                  941.955.5100
                                                                                                      Dana.Watts@uswdlaw.com
    2033 Main Street, Suite 600, Sarasota, FL 34237                                                   713 South Orange Avenue, Suite 201
           Phone: 941.953.8132 | Fax: 941.366.6384                                                    Sarasota, FL 34236
          No charge for travel time | Hillsborough to Charlotte Counties

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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
MEDIATION
                                                                  JAMES ROLFES & GARY LARSEN
                                                                               BOARD CERTIFIED TRIAL ATTORNEYS

                                                                     Let our 70+ years of Litigation Experience work for you.
                                                                We are available to mediate in all areas of civil litigation throughout
                                                                 Southwest Florida. We offer video mediation capability along with
                                                                  state-of-the-art conference facilities at our Sarasota office, centrally
                                                                                     located just off Fruitville Road.

                                                               James Rolfes                                                   Gary Larsen
                                                               Certified Circuit Civil Mediator     Certified Circuit Civil & Federal Mediator
                                                               Profile Page: www.dglawyers.com               Profile Page: www.dglawyers.com
                                                               Contact Layne to Schedule                             Contact Carol to Schedule
                                                               941.552.4636                                                      941.552.4606

                                                                               DICKINSON & GIBBONS, P.A.
                                                                                            ATTORNEYS AT LAW

                                                                                            Established 1937
                                                                 Gateway Professional Center 401 N. Cattlemen Road, Suite 300
                                                                                     Sarasota, Florida 34232
                                                                                          941.366.4680

Medical malpractice, magnified.

Years of practice are required to identify the truly special from the ordinary. To the
untrained eye, a valuable medical malpractice case may be overlooked. For over a
century combined, we’ve exercised our expertise to master the field, helping clients
achieve the outcomes they deserve. Just as a fine jeweler knows a gem, our medical
malpractice specialists will find the diamond that shines brightest.

Let us take a look. Call us at (877) 644-5122 to discuss your client’s potential case.
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

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                 reaches the movers and shakers in Sarasota’s
                 legal community. Call today to get your firm or
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                                                                                To advertise in the Docket, please see the rate
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                                                                                                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

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