Volume 116 • January 2013...at Joe Stewart’s home with Larry Farese and The Dazzling Del Rays performing. How often do you have the chance to be entertained by the Lion of the

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President’s MessageEngaging Development

Legal Aid Notes“Adopt-A-Family” program recap

CalendarMake note of upcoming meetings, luncheons and events

Ethics KornerAccess Credentials, Gifts to Lawyers and more pleas

Community SpotlightDavid Lawrence Center’s New Crisis Stabilization Unit

Retirement ReceptionJudge Franklin Baker bids his adieu

Young Lawyers Section NewsCheck our upcoming events calendar

Adverse WitnessJanuary 2013

I S S U E H I G H L I G H T SJohn T. Cardillo, EditorPublication Deadline: 10th day of month preceding publication

OfficersPresidentJeanne Seewald

President ElectTamara Nicola

TreasurerSonia Diaz

SecretaryJohn T. Cardillo

Immediate Past PresidentMargaret McMorrow

DirectorsStarling HendriksMarc HulingRichard 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

Page 2 Adverse Witness, January 2013

Cover ArtCover is a photo of Volpaia in Tuscany (a Medieval village of the XIII century), which is home to a Chianti Classico winery and the Cardillo Family’s 2012 Thanksgiving dinner. (See The Traveling Fork® on page 11.)

The new year brings the opportunity for engaging in personal assessment, reflecting on possible improvement and setting resolutions. These resolutions may be related to physical fitness, organization, personal interactions or business goals, just to name a few. One of the most prevalent resolutions for lawyers is to increase business in the next year. This could mean learning a new area of the law or adding more employees, but it usually means working harder and embracing new ways to develop business. We always have the best of intentions on January 1st, but many of us find that after a few weeks we revert back to our old habits and ways of being because change is hard. And, many do not like business development or think they are not good at it. But, what if we engaged development? What would it look like to do so?

Engaging development could mean changing your way of looking at business develop-ment. Maybe you make it a game or look at it as a challenge. Perhaps engaging devel-opment could mean taking steps to make your practice more organized and efficient. It could mean committing to always being prepared whether for internal meetings, clients meetings, hearings or trial. It could mean being intentional in our actions and not simply doing the same thing over and over. It also could mean being focused on a daily basis on our intentions for improving our practice. Changing the way we look at or feel about business development can prevent us from falling back into old habits and forgetting our plans for the new year. Consider engaging development as a way to keep those resolutions and change the outcome of 2013.

We have an engaging monthly lunch meeting planned for you in January when Gwynne Young, President of The Florida Bar, will be speaking to us at Grey Oaks. Gwynne is a dynamic person who is sure to provide interesting remarks about the current state of The Florida Bar and happenings at the state level. We also will be holding the annual Collier County Bar Foundation BarBQ on the evening of Saturday, February 9th. This is a fun, casual event for networking with other professionals. The event again will be at Joe Stewart’s home with Larry Farese and The Dazzling Del Rays performing. How often do you have the chance to be entertained by the Lion of the Law? We always have a great turnout so sign up early.

As a last note to 2012, our CCBA Holiday Party was a wonderful kickoff of the holiday season with carolers, a face painter, balloon animals, magician, gifts for the kids and, most important, Santa (Jim McGarity) made a grand entrance and listened to each child’s wish list. Thanks to Lisa, Julianne and Hilda for planning such a great party. We received many thanks and positive feedback from the families in attendance.

We have many more events planned for 2013. We look forward to engaging you in the work of the CCBA and hope you will attend as many events as possible this year. Please join us in making 2013 the best year ever for the Collier County Bar Association. Happy new year to all.

Adverse Witness, January 2013 Page 3

PrESiDENt’S MESSAGE By Jeanne Seewald, Esq.

Engaging development

“We always have the best

of intentions on January 1, but

many of us find that after a few

weeks we revert back to our old

habits and ways of being because change is hard.”


LEGAL AiD NOtES

2013 “Adopt-A-Family” program recap

By Jeffrey A. Ahren

The holidays are rapidly approaching. We get caught up in the hustle and bustle of all that has to be done this time of year. Sometimes we need to pause and remember what the holiday season is all about. John Lennon famously sang and asked the rhetorical question: “So this is Christmas, and what have you done?”

I am humbled and thrilled to report what our donors and sponsors did this year for needy children to make the 6th Annual Legal Aid ‘Adopt a Family’ Holiday Gift Program such a wild success. A record number of children – 130 – and their families received gifts this year though ‘Adopt a Family!’ Most of the children and their families were able to make it to the Gift Exchange Party, which was held at the Children’s Museum of Naples (C’MON) on Friday, December 7, 2012. The party was a lot of fun for all concerned, and the Museum was bursting with toys, bikes and gifts of all kinds. Naturally, the highlight for the children was a chance to visit with Santa, who appeared by way of Christmas magic and thanks to the Hon. James McGarity. Legal Aid would like to thank C’MON for hosting the event – and CEO Andy Marquart and his wonderful staff, including Sandi Wilson, Lauren Barnhart and all who assisted to decorate the Museum and set up the party. Many thanks also to U.S. Bank, The Private Client Reserve, for sponsoring the Gift Exchange Party – and providing passes to the museum to all the children. We are particularly thankful for the many efforts of Greg Holtz, Esq., of U.S. Bank.

The donors to ‘Adopt a Family’ in 2012 were extremely generous, led by the Collier County Bar Foundation - which donated $3,000. The following is a list of donors this year:

Collier County Bar FoundationCollier County Women’s Bar AssociationTamara NicolaRoger & Maggie McMorrowMidday Men’s Optimists ClubQuarles & Brady, LLPKarenin HacheThe Carr FamilyTom and Mary GrahamCheffy Passidomo, P.A.Tara MuchaWeldon & Rothman, PL /Rick WeldonAkerman Senterfitt, LLPGray Robinson, P.A.Askins FamilyZelman & Hanlon, P.A.N. Paul San FilippoBeverly BrennanEduardo EspinozaBain Law Firm/Basil & Toni BainCollier County Association of Criminal Defense LawyersAnonymousAnonymousPrestige Insurance Consultants, Inc./Shannon MorganHeather ShapiroThe Larsen FamilyThe Spiker FamilyKaren Talford

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 10


MArK YOUr CALENDAr

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.

Register for any event through Hilda Taylor.

Phone: [email protected]

www.colliercountybar.org.

JANUARY

FEBRUARY

1 CCBA Offices Closed for New Year’s

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

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

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

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

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

10 Real Estate Section Luncheon Carrabba’s, 12:00 p.m. RE Members - $20; Non-members - $25

11 CCBA Membership Luncheon Florida Bar President, Gwynne Young Grey Oaks Country Club, 12:00 p.m. Members - $35; Non-members - $40

15 Inns of Court Naples Bay Resort, 5:30 p.m.

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

17 CCACDL Luncheon Aldo’s, 11:45 a.m.

18 Annual Ethics Seminar Naples Hilton, 7:30 a.m. – 12:00 p.m. Sponsored by the Young Lawyers, Trial Lawyers and the CCWBA Members of these groups - $50 All others - $60

21 CCBA Offices Closed in observance of Martin Luther King Day

23 CCWBA Luncheon Northern Trust, 12:00 p.m.

24 Trusts & Estates Luncheon Northern Trust – North 12:00 p.m. – Brown Bag

1, 2 Mock Trial Event Collier County Courthouse Volunteers needed for all rounds Contact Lisa Mead for details

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

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

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

8 CCBA Membership Luncheon Carrabba’s, 12:00 p.m. Members - $20; Non-members - $25

9 Annual Foundation Bar-B-Q Home of Joe & Louise Stewart Proceeds to benefit Children’s Home Society 6:00 p.m. – 9:00 p.m. $40 per ticket or 2 for $70

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

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

14 Real Estate Section Luncheon Carrabba’s, 12:00 p.m. RE Members - $20; Non-members - $25

15 Annual Estate Planning Symposium Naples Hilton, 7:30 a.m. – 12:00 p.m. TE Members - $35; Non-members - $50

19 Inns of Court Naples Bay Resort, 5:30 p.m.

21 CCACDL Luncheon Aldo’s, 11:45 a.m.

22 Past President’s Luncheon Bonefish Grill, 12:00 p.m.


By The Hon. Hugh Hayes

Well, I’ve temporarily run out of Florida football, Vince Flynn and David Baldacci nov-els, and finally gotten inspired to find out who “Professor” Jeffrey Toobin thinks was responsible for the muffing of “The Oath” (apparently not the Chief Justice’s fault). I say “professor”, even though in a chance meeting with Toobin, he advised me that he wasn’t a professor but just a legal analyst for CNN and a writer for The New Yorker, but I told him that anyone who writes as well as he does is a professor in my book. Coincidentally, for you sports buffs, Toobin wrote under the moniker “Inner Toobin” when he was a sports reporter for The Harvard Crimson in the early 80’s. His latest book, The Oath, published by Doubleday this past November, not only discusses the 2009 oaths (1st and 2nd times), but the book does a great job of profiling the newest justices Sotomayor and Kagan, as well as the cases of Citizens United and the Affordable Care Act, among others.

This leads me to the focus of this month’s contribution From The Bench- the value of Read-ing versus the value of cable news networks and TV generally. While you have undoubtedly and frequently heard Karl Marx’s 1844 quotation: “Religion is the opium of the people” (Die Religion... ist das Opium des Volkes), it was probably adapted from the Marquis de Sade’s 1797 play, Histoire de Juliette, wherein Juliette speaks about the consequences of King Ferdinand’s policies: “You fear the powerful eye of genius, that is why you encour-age ignorance. This opium you feed your people, so that, drugged, they do not feel their hurts, inflicted by you.” Yes, today, it is fair to observe that TV is considered by many to be the opiate of the People. The message is the same, whether it comes from McLuhan’s Equation.... the medium is the message, or Keith Richards’ 1965 riff for The Rolling Stones at Jack Russell Stadium in Clearwater from the song (I Can’t Get No) Satisfaction:

When I’m watchin’ my TV and a man comes on to tell me how white my shirts can be. Well he can’t be a man ‘cause he doesn’t smoke the same cigarettes as me.

But, fear not, all is not lost. :)

On Friday, the 15th of February 2013, the 13th Celebration of Reading will be hosted by former Governor Jeb Bush at the Hyatt Regency Coconut Point Resort & Spa in Bonita Springs. The Celebration of Reading supports grass roots family literacy academies fo-cused on providing families with a second chance at education- providing instruction to those who need to improve their English language, reading and writing skills.

Regardless of how you choose to acquire your information, this is a great program that can make a positive difference in our society. Please consider participating in this event in February, whether as a mentor or as a volunteer.

For additional information on the reading program please contact our own CCBA member, Laird Lile, at 239-649-7778.

“Two Bits” for Reading

“... it is fair to observe that TV is considered by

many to be the opi-ate of the People.”


continued page 12

Access credentials, gifts to lawyers and more pleas

EtHiCS KOrNEr By Jason Hunter Korn, Esq.

The Florida Bar’s Professional Ethics Committee (PEC) recently met for its last regular quarterly meeting in 2012. The PEC is comprised of about 40 lawyers from around the state along with Florida Bar ethics counsel. It is the governing body of the Bar that reviews and issues formal ethical opinions to guide Bar members in their conduct. The following are highlights of the recent PEC meeting:

Consideration Proposed Advisory Opinion 12-2 Regarding Use of a Lawyer’s Access Credentials. The PEC prepared a draft opinion addressing whether lawyers may permit use of their access credentials by non-lawyers (log in name and password) for the filing of court documents using the E-Portal. Previously, the PEC opined that a lawyer may not permit a non-lawyer employee to sign the lawyer’s name (even together with the non-lawyer’s initials) to discovery and notices of hearing. See PEC Opinion 87-11. The PEC was of the opinion that permitting a non-lawyer to sign pleadings would be assisting in the unlicensed practice of law.

However, in proposed Opinion 12-2 the PEC determined that a “properly supervised non-lawyer may use the credentials of a lawyer to file documents of the E-Portal at that lawyer’s direction.” It opined that “such a task is akin to a non-lawyer transporting a properly prepared and signed pleading to the clerk’s office and physically filing it, which is a ministerial task that may be properly delegated.” Please note that the Opinion cau-tioned that lawyers will remain responsible for the non-lawyer’s conduct and must prop-erly supervise the non-lawyer. Opinion 12-2 is specifically limited to filing documents via the E-Portal and does not address issues of electronic signing of pleadings.

Consideration of Request from RPPTL Section on Potential Legislation to Void Cer-tain Gifts to Lawyers. It appears that legislation is on the horizon addressing the sce-nario of lawyers preparing instruments that convey gifts to the lawyer – especially when the lawyer and client have no familial relationship. The PEC voted to take no position on this potential legislation as it was not within its jurisdiction to provide such an advi-sory opinion or “position statement” on such potential legislation. Nevertheless, lawyers should be aware of this potential issue.

Consideration (Again) of Proposed Advisory Opinion 12-1 Regarding Pleas. The in-quirer sought advice as to whether a criminal defense lawyer has a conflict of interest that prevents the lawyer from advising a client to accept a plea offer which involves the client waiving any “past or future ineffective assistance of counsel” by that same lawyer. The inquiry also addressed whether a prosecutor may make such an offer or include the waiver of prosecutorial misconduct post-conviction claims in an offer. At the PEC’s June meeting, this issue was deferred to September at the request of the U.S. Attorney’s Office.

After much discussion, the PEC approved the formal advisory opinion as written. The opinion concluded that a criminal defense lawyer has a personal conflict of interest when advising the client whether to waive later collateral proceedings. In addition, the opinion determined that a prosecutor may not make such an offer or include in an of-fer the waiver of any prosecutorial misconduct post-conviction claims. The conduct is prejudicial to the administration of justice.

Consideration of Ethics Inquiry 31513 Regarding Trust Account Funds. The inquiry


BULLEtiN BOArD

Got news?Contact Lisa Mead by

calling 252-8711 or drop an email

line to [email protected]

CLASSIFIEDOFFICE FOR RENT: Attorneys (5) and other professional (1) with one executive office to rent. Attractive building/offices in great location at Pine Ridge and Airport Road, Naples, FL. Space for an assistant, shared conference room with law library and shared kitchen is included in rent of $700 per month. Call Rob or Kathy at 239-593-1444.

ANNOUNCEMENTSFowler White Boggs is pleased to an-nounce that Fort Myers attorney William M. Dillon has been named a shareholder of the firm. Mr. Dillon’s practice includes general business consultation and com-mercial trial practice. He has represented lenders and borrowers, churches, country clubs, health care providers, publicly trad-ed companies, and community business, in the prosecution or defense of real es-tate disputes. He received his J.D. from the University of Florida Levin College of Law and his B.S.B.A. from the University of Florida.

Attorneys and staff from the Naples office of Quarles & Brady, joined by the Florida Gulf Coast University Anthropology Club (“FGCU”), hosted the entire 3rd grade class from Golden Terrace Elementary School at the Naples Zoo on November 20, 2102. More than 140 students from nine classes took part in the program, which provided early exposure to anthro-pology and zoology.

The FGCU Anthropology Club has been an asset in assisting Quarles & Brady with projects throughout the school year for many years. In addition to today’s event, this spring, the club will recreate an ar-

chaeological dig site at the Golden Terrace Elementary School playground, where younger students get to excavate various artifacts and learn about the process.

This annual event is part of the firm’s Quar-les Cares volunteer initiative, in which the law firm provides opportunities for attor-neys and staff to commit themselves to civic and charitable opportunities within their local community. The firm has been actively engaged in the Southwest Florida community through other charitable ef-forts and this initiative since 1982. “The hard work and dedication of our entire team to the Naples community is remark-able and is something we are very proud of,” said T. Robert Bulloch, office manag-ing partner. “It’s an honor that we have been able to serve our clients’ needs for 30 years in Naples and we look forward to doing so over the next 30.”

Quarles & Brady employees volunteer for and contribute to not-for-profit organiza-tions on a regular basis, through the firm’s Quarles Cares Program. During 2012, through the firm’s yearlong service initia-tive entitled “30 Ways to Give Back,” em-ployees will participate in 30 service proj-ects with a goal of completing an average of two projects per month.

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].


Lawyers giving back

FOUNDAtiON NEWS By Tamara Nicola, Esq.

The Collier County Bar Foundation was formed in 1991 to provide a charitable vehicle for the Collier County Bar Association and its members. The Pres-ident-elect of the bar association, currently me, sits as the President of the Collier County Bar Founda-tion.

The Collier County Bar Foundation was initially formed to provide funds and services to local pro-grams and events with a law-related theme. The early events sponsored by the Foundation included Mock Trial, Law Week and Holidays in March.

Over the past few years, with the Foundation broad-ening the scope of the requests for charitable giving, we have been able to provide grants to many differ-ent organizations geared towards helping children and families. Last Christmas, we provided a grant to help provide bicycles to needy children. We re-cently provided funds to promote the back-pack program at Mike Davis Elementary to ensure that the children were not without food over the week-ends. We also sponsor families, through Legal Aid every year, to make sure that needy children have Christmas presents. These are only a few things that we do.

Through donations from individual lawyers, and from law firms, we are able to expand our charitable giv-ing and to provide funds for more grant requests to fund necessary programs in our community. Here’s how you can help:

1. Consider being a year-round law firm sponsor;

2. Join our 100 Lawyer’s Giving Back program and commit to individually giving a yearly donation of $100.00 to the foundation;

3. Donate your time and efforts to Foundation-related events. We always need volunteers and ideas on how we can make our events better. If you would like to volunteer for one of our events, of just have an idea about ways to make an event better, please feel free to call me.

Remember how fortunate we all are to have a roof over our heads, food on our table, clothes to wear and the basic necessities of life. Most of the chil-dren and families who are receiving benefits from Foundation-related events are not as fortunate. Ev-ery dollar you donate to the Foundation will help make someone’s life a little bit better.

The Collier

County Bar

Foundation …

Lawyers

Giving

Back

For information on how you can help visit:

www.colliercountybar.org

The Collier

County Bar

Foundation …

Lawyers

Giving

Back

For information on how you can help visit:


TheCollier County

Bar Foundationis

LawyersGivingBack

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


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 popula3tions 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.


Legal Aid Notes from page 4

Trusts & Estates Section of the Collier County Bar Association

Finally, thanks to my assistant, Karenin Hache, and to all the volunteers who worked so hard to bring joy to the children: Karynn Cavero, Carol O’Callaghan, Bob Bencivenga, Eduardo Espinoza, Gabriela Hanzik, Daphnie Gillaume, Hilda Aguilar, Lily Aguilar, Isam Alsafeer, Danielle Ahren, Ashley Ahren, Ivan Moreno – and to FGCU students Alyssa Johnson, Sachi Castane, Jessica Ferreira, and Morgan Ryder. Thanks also to Lisa Mead of the CCBA – and her merry band of secret shoppers. Legal Aid joins the children and their families in thanking you all!

Congratulations to John Musca, Esq. (“Attorney of the Month” – January, 2013)

Legal Aid Service of Collier County proudly announces that John Musca, Esq., has been selected as our “Attorney of the Month” for January, 2013. John is a partner with Musca Law.

John and his firm, Musca Law, have generously and enthusiastically supported Legal Aid for many years. The Musca Law firm was an ‘Ambassador Level’ sponsor of Legal Aid’s 2012 Barrister’s Bash event, and has regularly provided critical financial support to Legal Aid over past years. Members of the Musca Law firm have also volunteered to perform pro bono service through Legal Aid’s Collier Lawyers Care Pro Bono Program. “We are truly thankful to John and the Musca Law firm, for stepping up time after time to support us, particularly since the economic downturn,” states Legal Aid’s Managing Attorney, Carol O’Callaghan. “Our energy and focus is fully devoted to meeting the legal needs of our low income clients, and highly valued friends of our program like John and his firm have helped us sustain our capacity to assist, even during these challenging times.”

It is our pleasure to be able to thank John for his outstanding support of Legal Aid, and our mission. John will be honored at Legal Aid’s 5th Annual Barrister’s Bash event, to be held at the Hilton Hotel in Naples on April 25, 2013. Please join us in congratulating John Musca, Esq., Legal Aid’s “Attorney of the Month” for January, 2013!

Barrister’s Bash 2013 – Secure your sponsorship and tickets

Legal Aid’s Fifth Annual 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, April 25, 2013. 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. For information, call (239) 298-8130.

The Steering Committee for the 2013 ‘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 February issue of Adverse Witness, as we announce our ‘Major Award Winners’ and Honorary Chairs for 2013.

There is no better way to support Legal Aid at the Barrister’s Bash than to be a Sponsor in 2013. All Sponsors receive tickets to the ‘Bash,’ and many other benefits – which vary by level. The following is a list of Sponsorship Levels for 2013:

TITLE SPONSOR ($5,000) 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; and exclusive branding opportunities (including literature and/or multi-media.

VISIONARY 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; table location priority; and 10 free drinks.

AMBASSADOR LEVEL ($2,000) 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; 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] .


tHE trAVELiNG FOrK® By John P. Cardillo, Esq.

The birth of little ForksCan you picture when your 5 and 6-year-olds were playing soccer at the Optimist League and the whole team was chasing the ball in an amoeba-like manner?

Well, it was something like that this past Thanksgiving break for 23 of the 28 Cardillo’s of our family when we ventured to Tuscany for a week to celebrate Thanksgiving. The “family” was mine, my sister’s and my brother’s, our children and grandchildren, and the age span was from 1½ to 70.

The 13th century village we stayed is called Volpaia near Rada in Chianti - about 50 kilometers south of Florence and 30 kilometers north of Siena. It is a wine-producing settlement with about a dozen different vineyards, all producing one or more forms of Chianti under the name of Volpaia, and the establishment where we stayed is Castello Volpaia. (Photo on this month’s front cover of Adverse Witness – Ed.).

It was no easy task to get this trip accomplished as my wife Linda spent two years getting it lined up and getting everyone to commit to the time and the expense inasmuch as we had family in California, Connecticut, New York, New Jersey, North Carolina, Pennsylvania, and Florida to herd.

Volpaia was selected as a result of an association of my son Mark’s baseball career in Italy. It turned out that one of his teammates, Federico Moscheroni, an attorney and CPA in Monza, Italy, had an uncle and an aunt who owned this wine and olive oil producing establishment in Volpaia. Since the 1960’s they had poured enormous assets into rehabilitating the three churches, the Os-teria, and the olive and wine manufacturing plants, as well as the apartments and villas. We had three of the villas for our brood. There are no stores here - just a very good small restaurant and a bar which is really a place for morning caffe and lunches.

The whole point of the trip was for all of us to make and celebrate Thanks-giving dinner American-style. With the days beforehand, segments of the family took trips - the Masterpiece of Siena, the Jewel of San Gimignano, and a final foraging trip to Florence to purchase provisions. Imagine 15 to 20 people with little kids walking en mass in an amoeba-like formation into Florence with all its art work. Or 18 of us sitting at a piazza side table

overlooking the magnificent Piazza Publica in Siena. Or all of us at a table astride Campo di Fiori at night in Rome awaiting our morning flight home.

And so 21 of the 23 of us set to work Wednesday evening (while you were all at Farm City Days gorging out on steak, corn, salad and beer) and Thursday all day roasting two pigs and one large turkey (tacchino) and preparing the side dishes, the stuffing, the vegetables, all in some unison: chop, chop, chop; slice, slice, slice, under the direction of my nephew Jon, who is the chef/owner of the heralded Trattoria Dopo in Oakland, California. Imagine even the chestnut cut-ter (John Thomas) getting ready to roast chestnuts in the 45° clear day and evenings, with the glorious hillside views. There was no pasta for this meal, but there was for every other meal, and 7 - 10 lbs. added to go with it; we tried but could not drink the winery out of its inventory.

As the day and evening wore on, we looked at each other and said, “This is one life moment our children and grandchildren will never forget.” Even the 1½-year-old, the 4-year-old, the 5-year-old, and my daughter’s yet-to-be-born child (due in February) will say they were there and it was unforgettable. It was that binding, that bonding, that hallelujah-raising event.

It has taken days and weeks to recover; we still e-mail each other and talk about it. We are all exhausted and It’s hard to prepare for Christmas.

Your comments or contributions to this column are welcome; you can email [email protected], write to Cardillo, Keith & Bonaquist, P.A., 3550 Tamiami Trail East, Naples, Florida 34112, or fax to (239) 774-2494.


Ethics Korner continued from page 7

involved application of new section of 626.8473, Florida Statutes, which requires lawyers acting as real estate and settlement agents to hold real estate transaction funds in a separate trust account, allowing auditing by title insurers. Speakers from title companies, including The Fund and Old Republic, provided presentations regarding the new applica-tion and a need for auditing. However, the PEC is concerned about issues of confidentiality and privilege. This matter was tabled to permit further review until the next meeting.

Consideration of Draft Proposed Advisory Opinion 12-3 on Cloud Computing. The PEC is working on a draft opinion addressing the ethical issues arising from Cloud comput-ing. Other state bars have issued opinions involving the new technologies of “cloud” storage in the course of providing le-gal services. This opinion will be addressed at the January meeting.

Next Meeting. The next meeting of the PEC will be held on January 25, 2013 in West Palm Beach. Meetings are open to the public and press.

The Ethics Korner focuses on various ethical issues, pertinent ethical opinions and decisions issued at meetings of the PEC. The author, Jason Korn, is an attorney, shareholder and Man-aging Director 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.

Milana Scuderi was born October 31, 2012 to Jon & Stacy Scuderi.

Congratulations!

Welcome, little one!

Security ChangesEffective: March 1, 2013Subject: Access to Annex Employee EntranceDue to the high volume of requests for access to the East Court-house entrance as well as our ongoing commitment to security within the building, all individuals requesting access to the East Courthouse Entrance must complete the following require-ments in order to be eligible to continue access through that entrance after January 1, 2013. 1. Proof of active regular membership with the Collier County

Bar. a. In order to qualify for regular membership in the Collier

County Bar Association the registrant must be a mem-ber in good standing of the Florida Bar Association. The registrant must also reside or practice in Collier County, Florida.

http://www.colliercountybar.org/registernewmembers.cfm

2. Criminal background check, to be conducted at Facilities Management. Cost of background check is $40.50 and will be paid by individual requesting access. Facilities Management Background checks will be considered valid for five (5) years.

a. Exact cash, check, or money order payable to “BCC“ will be required PRIOR TO fingerprinting.

3. Access will be good for one calendar year from the date of approval and yearly re-application will be required. There will be no renewal fee required when a criminal background check is not conducted.

Access through this entrance will remain at the discretion of the Court and can be revoked at any time by the Deputy Court Ad-ministrator, Sheriff’s Office, or Security Personnel.Respectfully,Charles Rice, Deputy Court Administrator


According to the Florida Suicide Prevention Coalition, in 2010 suicide was the 9th lead-ing cause of death in the State of Florida. Among adolescents and young adults – people who should be enjoying the prime of their lives – suicide was the 3rd leading cause of death for people ages 15-24 and the 2nd leading cause of death among adults ages 25-34. Sadly, on average 1 person every 17 minutes takes their own life.

The most common psychiatric diagnoses associated with suicide are major depression, bipolar disorder, schizophrenia, substance abuse, anxiety disorder and personality dis-order. Given that about 30 percent showed signs of depression during the three months before death and 80 percent left definite warning signs, suicide is preventable if appro-priate care is accessed and concerned loved ones take action.

Some of the warning signs of suicide are: • worseningsymptomsofexistingpsychiatricillnessespeciallymoodorpsychosis• relationalandjobrelatedstressors• expressingthoughtsofselfharm• difficultyaccessingcare• notbeingabletoaffordcareandmedications• refusingtoseekcare• worseningchronicmedicalillnesses• excessiverisktakingbehaviors

Any expression of self harm must be taken seriously and brought to the attention of a health care provider. If you feel someone is suicidal, call 911 or, if they will come with you voluntarily, bring them to the David Lawrence Center Crisis Stabilization Unit, Collier County’s only “mental health emergency room”. Being empathetic, not leaving the indi-vidual alone and engaging them in conversation until help arrives can help the suicidal individual. Access to guns, dangerous devices and pills should be eliminated.

David Lawrence Center, the Southwest Florida-based, not-for-profit leading provider of behavioral solutions, re-cently celebrated the grand opening of a new Crisis Stabilization Unit. The new unit, funded by $5 million in donations and grants, doubled the capacity to meet the critical mental health needs of our community, with room to expand in the future as community needs require. The goal was to create an innovative, world-class treatment facility where our

friends, family and neighbors can receive expert mental health care in an environment that inspires and creates life-changing wellness and recovery. The 16,000 square feet of new and renovated space now includes a new, private, state-of-the-art therapeutic en-vironment with larger common areas, private dining rooms, additional treatment space, outside lanais, more windows and light and a serene interior design with better efficien-cy, workflow, security, technology and increased safety.

This 28-bed locked, inpatient unit provides brief voluntary and involuntary evaluation and treatment for children and adults experiencing a mental, emotional or drug-related crisis who meet the criteria defined under the Florida Mental Health Act more common-

Suicide Common, But Preventable

COMMUNitY SPOtLiGHt By Ronny Valenzuela, M.D.David Lawrence Center Senior Physician, Acute Care

See “David Lawrence Center,” page 16

November 29, 2012

The CCBA gratefully acknowledges the generous sponsors who make

this day possible.

GOLDAssociates & Bruce L. Scheiner

Berry, Day, McFeeBond, Schoeneck & King, PLLC

Boyle, Gentile, Leonard & Crockett, PACardillo, Keith & Bonaquist

Cheffy PassidomoGoldman, Felcoski & Stone

Grant, Fridkin, PearsonLaird A. Lile, PA

Porter Wright Morris & Arthur, LLPRoetzel & Andress

Trial Law Section of the CCBA

SILVERColeman, Hazzard & Taylor, PAColeman, Yovanovich & Koester

Family Law SectionYale T. Freeman, PA

Hahn, Loeser & ParksHenderson, Franklin, Starnes & Holt

Law Office of Michelle Hill, PAHodge & Snyder

Mangone & Miller Law OfficesMcDonnell Trial Law

Quarles & BradySiesky, Pilon & Potter

Treiser CollinsTrusts and Estates Section of the CCBA

Young Lawyers Section of the CCBAZelman & Hanlon

BRONZEBurzynski Elder Law

Cohen & GrigsbyTara Miller Dane Mediation Services

Doyle Conflict SolutionFinizio & Finizio

Long, Murphy & LongLucarelli, Beavin & Quinn, PA

David McElrath, PAMark M. Muller, PA

Patrick Neale & AssociatesPaulich, Slack & Wolff

Silverio & Hall, PAGeorge Vega, PA

Woodward, Pires and Lombardo

Page 14 Adverse Witness, January 2013 Adverse Witness, January 2013 Page 15

Retirement Reception for Judge Franklin Baker

Over 250 members of the Collier County Bar Association and their guests gathered at Grey Oaks Country Club to honor the career of Judge Franklin Baker. The evening was filled with convivial cheer, light-hearted jests and sincere acknowledgements of Judge Baker as both a family man and judge as friends, colleagues and family took to the podium in a moving tribute.

Judge Baker, a life-long surf enthusiast, was presented with a surf board signed by those in attendance. The board is currently being housed in the CCBA offices and anyone who would like to add their well wishes are encouraged to stop by.

The CCBA and the Baker family would like to thank the committee who worked so hard to make the evening a success. Sharon Hanlon, Ed Cheffy, Jerry Berry, John P. Cardillo, John T. Cardillo and Paul Heuerman did an amazing job and were a pleasure to work with on this event.


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QuotablesPeppermint Patty: Have you made any New Year’s resolutions, Chuck?

Charlie Brown: Yes. You know how I al-ways dread the whole year? Well, this time I’m only going to dread one day at a time.

– Happy New Year, Charlie Brown (1986)

monly known as the Baker Act. The Baker Act is Florida’s law which allows judges, licensed mental health professionals, physicians and law enforcement officers to initiate assess-ment and treatment for up to 72 hours if they are a danger to themselves or someone else. The Baker Act is used to bring individuals for involuntary examination when a risk exists. Be-sides suicide, there could be risk of homicide, self neglect, neglecting dependents, of being neglected by abuse or a medical risk where individuals do not comply with medical treatments.

While on the Crisis Unit, individuals stay for an average of 5 days and are given a comprehensive psychiatric and medical assessment while being safely monitored 24-hours-a-day, by a highly trained clinical team dedicated to providing excep-tional, compassionate, wellness focused treatment services. This team of psychiatrists, nurses, case managers, clinicians, behavioral health technicians and peer specialists carry out a comprehensive, individualized treatment plan that includes medication management, wellness groups, pet therapy, in-dividual therapy, medication education, discharge planning, referrals and follow up care – all designed to save lives and keep people mentally well. For more information, call 239-455-8500 or visit www.DavidLawrenceCenter.org.

David Lawrence Centercontinued from page 13

Young Lawyers Section NewsBy Rachel Kerlek and Erica Airsman

In November, the Young Lawyers Section joined with three other young professional organizations - Young Profession-als of Naples, David Lawrence Center Young Executives and the Naples Junior Woman’s Club - to host our first annual Season Kickoff event at the Von Liebig Art Center in down-town Naples. The combined efforts of these organizations allowed for young lawyers to connect with their non-lawyer colleagues, in addition to bringing awareness to the Friends of Foster Children of Southwest Florida

One of the primary goals of the Young Lawyers Section this year was to provide an environment for our membership to establish ties in the community which will last throughout their careers. Additionally, it has always been a priority for the Young Lawyers Section to host charitable events to ben-efit local organizations. The Season Kickoff event highlighted both of these goals by bringing approximately 150 young professionals together to benefit the Friends of Foster Chil-dren of Southwest Florida. The Friends of Foster Children of Southwest Florida is a charitable organization which provides social, educational and financial support to abused, neglect-ed and abandoned children in Southwest Florida. Through the Season Kickoff event, we raised nearly $2000 to donate to their efforts.

In the coming months, the Young Lawyers Section will be hosting our annual ethics seminar on January 18, 2013, as well as our spring membership luncheon on March 15, 2013, Holidays in March on March 16, 2013 and at least one happy hour. Additionally, in April we will hold our first annual bowl-ing tournament, the proceeds of which will be donated to a local charity. To find out more information about the Young Lawyers Section or any of these events, contact Rachel at [email protected] or Erica at [email protected].


2013Insurance ..................................................................................................Page 18Mediation & Arbitration ......................................................................Page 20Printing & Copies ..................................................................................Page 20Home Health/Nursing ...........................................................................Page 21Litigation Image & Copy Services .................................................... Page 21Patent & Trademark Law ..................................................................... Page 22Wills, Trusts & Estates .......................................................................... Page 23Personal Injury Law ............................................................................... Page 23Employment Law ................................................................................... Page 23Bankruptcy .............................................................................................. Page 23Education .................................................................................................Page 24Immigration & Nationality Law ...........................................................Page 24Elder Family Care ..................................................................................Page 24DUI & Criminal Defense ...................................................................... Page 25Estate Valuations ........................................................................... Pages 25, 27Legal & Professional Malpractice ...................................................... Page 26Marital & Family Law ............................................................................ Page 26Paralegal .................................................................................................. Page 26Computer Consulting ...........................................................................Page 28

Please support our advertisers. they make your newsletter

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INSURANCE


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HOME HEALTH/NURSING


PATENT/TRADEMARK LAW


WILLS, TRUSTS & ESTATES

BANKRUPTCY

Bankruptcy Questions?

Call 239/732-8722 or e-mail [email protected] Stephany S. Carr is Board Certified in both business and consumer bankruptcy law by the American Board of Certification since 2000. She is a former Chapter 7 Panel Trustee for the Middle District of Florida, Fort Myers Division. She has limited her practice to bankruptcy law with over 20 years of experience. Chapters 7 and 13 - representation of debtors or creditors Chapter 11 - representation of creditors exclusively We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

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Chapters 7 and 13 - representation of debtors or creditorsChapter 11 - representation of creditors exclusivelyWe are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.


EDUCATION

Immigration Naturalization and

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David J. Mourick

Concentrating in Immigration and Nationality Law

Member American Immigration Lawyers Association

Law Offices of David J. Mourick, P.A. 11100 Bonita Beach Rd., Suite 108A

Bonita Springs, Florida 34135

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

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IMMIGRATION & NATIONALITY LAW

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Adverse Witness, January 2013 Page 25Ad_Collier County Bar Association_Dec 2011_FINAL.indd 1 11/29/2011 1:32:00 PM

DUI & CRIMINAL DEFENSE

ESTATE VALUATIONS


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 Crowne Plaza Hotel 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

MARITAL & FAMILY LAW

LEGAL & PROFESSIONAL MALPRACTICE


ESTATE VALUATIONS

3315 East Tamiami Trail, Suite 505Naples, Florida 34112