21
SARASOTA COUNTY BAR ASSOCIATION AUGUST 2017 VOL. 34, NO. 7 See FAMILY, Page 11 See DIVERSITY, Page 9 RICHARD R. GARLAND DIVERSITY SCHOLARSHIP SCBA CALENDAR FAMILY LAW Cultivating diversity and inclusion: Together, we benefit By Caroleen Brej, Esq. Maglio Christopher & Toale, P.A. I n her final speech as the first lady, Michelle Obama celebrated the importance of our nation’s diver- sity. “For all the young people in this room and those who are watching, know that this country belongs to you, to all of you, from every background and walk of life. If you or your parents are immigrants, know that you are part of a proud American tradition — the infusion of new cultures, talents and ideas, generation after generation that has made us the greatest country on earth,” Obama praised. After noting religious diversity as an American tradition, Obama extolled, “I want our young people to continue to learn and practice those values with pride. Our glorious diversity — our diversities of faiths and colors and creeds — that is not a threat to who we are; it makes us who we are.” Left to right: Alexis Rosenberg, Esq., Intern Alexis Turner Garris, Judge Frederick Mercurio, Intern Tiffany Coleman, Charlie Ann Syprett, Diversity Committee Chair MEET THE 2017 RECIPIENTS OF THE RICHARD R. GARLAND DIVERSITY SCHOLARSHIP 2017–2018 Calendar of Events Mark your calendar! INSTALLATION DINNER n Wednesday, September 20 (Sarasota Yacht Club) GENERAL MEMBERSHIP MEETINGS n Thursday, October 26 (Sarasota Yacht Club) n Thursday, January 18 (Michael’s on East) n Thursday, March 22 (Michael’s on East) n Thursday, May 17 (Sarasota Yacht Club) SPECIAL EVENTS n Monday, April 30 – WE ARE SARASOTA (Sara- sota Opera House) n Friday, May 4 – Bench Bar Conference (Hyatt Sarasota) n Monday, May 14 – U.S. Supreme Court Swear- ing-In Ceremony (Washington, D.C.) Be sure to read the weekly e-blasts to learn about upcoming Section meetings and CLEs. By DANA B. KEANE, Esq. Keane & Keane T o many attorneys, the local family courtrooms are a part of the courthouse they avoid like the plague. But for Sarasota County Bar member Carmen Gillett, her passion for family law extends well beyond the Twelfth Judicial Circuit. Gillett has been involved in litigating international family law cases since 2005, when she was hired in a case between two former spouses who were both members of the military. The husband had used the Florida court to gain sole custody of the parties’ two children by duping the wife and was hiding the children in Japan. While Gillett was able to get the custody order reversed in favor Family law with an international twist of the wife, Japan was not a signa- tory to the Hague Convention at that time and would not honor the Order. For those unfamiliar, the Hague Convention is a multilateral treaty that provides a means to expedite the return of a child who has been internationally kidnapped from one member country to another. Perhaps the Hague Convention case with which most of us are familiar involved an American child who was taken to Brazil for a short vacation by his Brazilian mother, who then refused to return and secured a divorce in Brazil. The mother subse- quently died, leaving the American child in the custody of his step-fa- ther, who fought the American father for custody. It took five years for the

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Page 1: SCBA CALENDAR FAMILY LAW Family law with an international ...€¦ · SCBA CALENDAR FAMILY LAW Cultivating diversity and inclusion: Together, we benefit By Caroleen Brej, Esq. Maglio

SARASOTA COUNTY BAR ASSOCIATION AUGUST 2017 VOL. 34, NO. 7

See FAMILY, Page 11

See DIVERSITY, Page 9

RICHARD R. GARLAND DIVERSIT Y SCHOLARSHIP

SCBA CALENDAR FAMILY LAW

Cultivating diversity and inclusion: Together, we benefitBy Caroleen Brej, Esq. Maglio Christopher & Toale, P.A.

In her final speech as the first lady, Michelle Obama celebrated the importance of our nation’s diver-

sity. “For all the young people in this room and those who are watching, know that this country belongs to you, to all of you, from every background and walk of life. If you or your parents are immigrants, know that you are part of a proud American tradition — the infusion of new cultures, talents and ideas, generation after generation that has made us the greatest country on earth,” Obama praised. After noting religious diversity as an American tradition, Obama extolled, “I want our young people to continue to learn and practice those values with pride. Our glorious diversity — our diversities of faiths and colors and creeds — that is not a threat to who we are; it makes us who we are.” Left to right: Alexis Rosenberg, Esq., Intern Alexis Turner Garris, Judge Frederick Mercurio, Intern Tiffany

Coleman, Charlie Ann Syprett, Diversity Committee Chair

MEET THE 2017 RECIPIENTS OF THE RICHARD R. GARLAND DIVERSITY SCHOLARSHIP

2017–2018 Calendar of EventsMark your calendar!

INSTALLATION DINNERn Wednesday, September 20 (Sarasota Yacht Club)

GENERAL MEMBERSHIP MEETINGSn Thursday, October 26 (Sarasota Yacht Club)n Thursday, January 18 (Michael’s on East)n Thursday, March 22 (Michael’s on East)n Thursday, May 17 (Sarasota Yacht Club)

SPECIAL EVENTSn Monday, April 30 – WE ARE SARASOTA (Sara-

sota Opera House)n Friday, May 4 – Bench Bar Conference (Hyatt

Sarasota)n Monday, May 14 – U.S. Supreme Court Swear-

ing-In Ceremony (Washington, D.C.)

Be sure to read the weekly e-blasts to learn about upcoming Section meetings and CLEs.

By DANA B. KEANE, Esq. Keane & Keane

To many attorneys, the local family courtrooms are a part of the courthouse they avoid like

the plague. But for Sarasota County Bar member Carmen Gillett, her passion for family law extends well beyond the Twelfth Judicial Circuit. Gillett has been involved in litigating international family law cases since 2005, when she was hired in a case between two former spouses who were both members of the military. The husband had used the Florida court to gain sole custody of the parties’ two children by duping the wife and was hiding the children in Japan. While Gillett was able to get the custody order reversed in favor

Family law with an international twistof the wife, Japan was not a signa-tory to the Hague Convention at that time and would not honor the Order.

For those unfamiliar, the Hague Convention is a multilateral treaty that provides a means to expedite the return of a child who has been internationally kidnapped from one member country to another. Perhaps the Hague Convention case with which most of us are familiar involved an American child who was taken to Brazil for a short vacation by his Brazilian mother, who then refused to return and secured a divorce in Brazil. The mother subse-quently died, leaving the American child in the custody of his step-fa-ther, who fought the American father for custody. It took five years for the

Page 2: SCBA CALENDAR FAMILY LAW Family law with an international ...€¦ · SCBA CALENDAR FAMILY LAW Cultivating diversity and inclusion: Together, we benefit By Caroleen Brej, Esq. Maglio

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Page 3: SCBA CALENDAR FAMILY LAW Family law with an international ...€¦ · SCBA CALENDAR FAMILY LAW Cultivating diversity and inclusion: Together, we benefit By Caroleen Brej, Esq. Maglio

The Docket · August 2017 3

slack in my absence. Thanks to the Board of Directors for their unwav-ering commitment to excellence and preservation of our Bar’s reputation as one of this state’s best bar asso-ciations. This ship would not sail if we did not have the dedication, hard work and leadership of our Bar staff, in particular, Holly Lipps. Holly came in new with me and had to fill the shoes of a legend. She has done an excellent job seeing to it that our great organization continues to run smoothly. Thank you, Holly! Please be sure to stop by and say “thank you” to Holly when you are at the courthouse. Finally, I’d like to thank all of the SCBA section lead-ers, program chairs, Docket editors, and all of the other SCBA members who gave of their time, talent, and resources to support our mission and programs.

We have the privilege of prac-ticing in such a great and noble profession. It is my hope that we will continue to strive for civility

As I write my last president’s message, I am filled with grati-tude. I would like to thank the

members of the Sarasota County Bar Association for allowing me to serve as your president for these past two years. It has been my privilege to work for this great organization and its members. I thank you all for supporting the SCBA this year, and supporting me as president. There are so many people who have made these past two years great for me and helped me as I’ve tried to follow in the footsteps of a long list of wonderful leaders of our Bar.

I can’t thank my family enough for their love, support, and sacrifices throughout my term. They are there to support me at every turn, and I am thankful to have them in my corner. Thanks to my close friends and my Matthews Eastmoore family. Your ideas, support, and encour-agement gave me the comfort to serve the SCBA knowing you guys had my back and would pick up the

SCBA NEWS

SECTION NEWS

Thanks for letting me serve as your president

E. Keith DuBose, Esq. Matthews Eastmoore

SCBA PRESIDENT’S COLUMN

Members of the Sarasota County Bar Association are invited to get involved with a bar section

to help organize and plan upcoming bar activities. Each section holds regular steering committee meetings to discuss, plan and organize its meetings. Interested SCBA members may contact the appropriate chair (listed below) or contact the SCBA office.

ADRChair: John [email protected]

APPELLATEChair: Meghan [email protected]

BUSINESSChair: Caroline [email protected]

CIVIL TRIALChair: Amanda [email protected]

within our Bar and our profession as whole. We must continue to see service as one of our major roles in molding our society. I challenge you all to strive daily to be examples and leaders in your homes, firms, and community who lead the way in serving humankind, fighting for justice for all individuals, and supporting democracy.

Our sections have some great programs scheduled for the upcom-ing year, and we look forward to some new and exciting educational opportunities for our members. Our board structure has been revamped, and I encourage you all to support incoming president, Chip Gaylor, as he continues to grow the SCBA and provide bigger and better benefits for SCBA members.

I will continue to support the SCBA and its programs, and encour-age you all to pick an area in which you have interest and serve. It’s a wonderful thing. Thank you!!!

ELDER LAW SECTIONChair: Neil [email protected]

ESTATE PLANNING & PROBATEChair: Sean [email protected]

FAMILYChair: Amanda [email protected]

LABOR & EMPLOYMENTChair: Jessica [email protected]

LOCAL & STATE GOVERNMENTChair: Maggie [email protected]

REAL PROPERTYChair: Cynthia [email protected]

SOLO/SMALL FIRMChair: Jeanne [email protected]

You’re invited to join in planning section activities

Save the DateSCBA Installation Dinner Wednesday, September 20 Sarasota Yacht Club

MEMBERSHIP

The following represents each new member’s name, law school, year of admission to The Florida Bar,

and law firm association.

n Sylvia Dell’Armi: Western Michigan Cooley Law School; Class of 2018; Student Member

n Vincent Giura: George Mason University School of Law; 2015; Jodat Law Group, P.A.

n David Heedy: Florida State University College of Law; 2015; Dunlap & Moran, P.A.

n Alexander K. John: University of Florida College of Law; 2014; Blalock Walters, P.A.

n Stephanie Preston: University of North Carolina School of Law; 1994; Fisher Rushmer, P.A.

Welcome, new members!

Page 4: SCBA CALENDAR FAMILY LAW Family law with an international ...€¦ · SCBA CALENDAR FAMILY LAW Cultivating diversity and inclusion: Together, we benefit By Caroleen Brej, Esq. Maglio

• Probate matters • Will and trust

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• Business and commercial litigation

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[email protected]

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J.D., cum laude, 1986• Harvard Law School Mediation

Program

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Calendar availability and full bio at floridamediators.org/roberthoyle

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We Can Help If ...Your client has been injured or harmed due to a defective hip implant.REFERRALS & ASSOCIATIONS ARE WELCOME

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Page 5: SCBA CALENDAR FAMILY LAW Family law with an international ...€¦ · SCBA CALENDAR FAMILY LAW Cultivating diversity and inclusion: Together, we benefit By Caroleen Brej, Esq. Maglio

The Docket · August 2017 5

YOUNG LAWYERS DIVISION

THE THOMA S E. PENICK, JR., ELDER LAW INN OF C OURT

By ROBERT GARCIA, Law Clerk, Bentley & Bruning, P.A.

One’s first job in the legal field can be an intimidating experience. As a 1L, you spend countless hours

absorbing case law and abstract legal theories. However, the day-to-day grind of working at a law firm differs in many ways. No more lectures, cold calls, or an unrelenting amount of century-old cases. Rather, a law firm requires the ability to be part of a team facing complex legal issues and achieve the best outcome for the client. With this in mind, the transi-tion from law school to a law firm can be daunting.

I am thrilled, and relieved, to say that my summer at Bentley & Brun-ing has been a successful transition. The individuals at Bentley & Brun-ing have been supportive, embraced

their role as mentors, and embodied civility throughout their practice. However, this is not limited to Bentley & Bruning; I have been impressed with the entire Sarasota County Bar Association.

All 1Ls at the University of Florida Levin College of Law are required to take a course titled “Introduction to Lawyering.” Intro-duction to Lawyering promoted civility and professionalism as attorneys, how to properly interact with other attorneys and clients. The course, at times, depicted the practice of law as a profession lacking civility. The goal of this was to make each student aware of the responsibility every attorney has to properly conduct oneself and respectfully represent the legal field.

Whether at the courthouse, a deposition, or simply meeting an

attorney while at lunch, the civility and professionalism of Sarasota County Bar members is unques-tioned. The Sarasota County Bar members exemplify that an attorney can zealously advocate for a client, while maintaining the highest stan-dard of professionalism and civility. I consider myself fortunate for having the opportunity to clerk at Bentley & Bruning and being exposed to such a respectable local bar.

Robert Garcia is a J.D. Candidate, University of Florida Levin College of Law, Class of 2019

Bar mentors make valuable difference in transition from campus to law firm

Robert Garcia, Law Clerk, Bentley & Bruning, P.A.

Penick Inn is first in nation to specialize in elder lawBy JOHN STAUNTON, Esq. Staunton & Faglie, PL

While many of us are familiar with the Inns of Court, not everyone is aware that Tampa

Bay boasts a very special Inn that was established in 2014. More specifically, the Thomas E. Penick, Jr., Elder Law Inn of Court is proud to have the distinction of being the first and only Elder Law Inn of Court in the United States. In addition to being the first Elder Law specialty Inn, it is the first and only Inn to have participated in the American Inn’s Achieving Excellence program and to have achieved the highest award of Platinum in its first year of existence. As a consequence, the Penick Inn of Court was honored at the U.S. Supreme Court during the American Inns of Court Celebration of Excellence.

The Penick Inn is also a unique Inn given the fact it is among just a handful of multi-circuit Inns across the country. As a multi-circuit Inn, it is comprised of the Sixth, Twelfth and Thirteenth Circuits. Three multi-circuit, or joint, meetings are held throughout the year with the

remainder of the meetings being held within each circuit’s own respective county. There are currently nearly 100 members between all three circuits.

The Penick Inn openly welcomes attorneys and students inter-ested in, or practicing in, those

areas that touch upon elder law issues, including Medicaid planning, probate, guardianship, estate plan-ning, Veterans’ benefits, real prop-erty, probate, guardianship and trust litigation. Interested attorneys and law students are encouraged to join or simply attend a meeting as guests so they can meet members and learn more about the Inn before making a decision.

Like other Inns of Court, the Penick Inn provides the opportunity to socialize with judges, magistrates and other attorneys. It also offers the opportunity to obtain CLE credit through fun and educational programs that are developed by each pupillage group. Pupillage groups are comprised of judges or magistrates, attorneys with various years of practice (Masters, Barristers and Associates), and

Pupils (students). Judge Erika Quartermaine of the 12th Circuit is the outgoing president, and John Staunton, Esq., of the 6th Circuit will be next year’s president.

In addition to providing the opportunity to socialize and earn CLE credits, the Penick Inn provides opportunities to mentor, or to be mentored by more senior attorneys. The Inn also engages in community outreach projects, and periodically meets with other Inns of Court, which provides the opportunity for further networking with attorneys and judges in other areas of practice.

The Penick Inn’s first meeting of the year will be held on September 14 at 5:30 p.m. on the Stetson Campus in Gulfport. It will be a meeting with all three circuits, and the Board extends an invitation to all interested attorneys.

If you would like further information about the Thomas E. Penick, Jr., Elder Law Inn of Court, or you are interested in attending the September meeting as a guest, please contact membership director Emma Hemness, Esq., at [email protected].

I consider myself fortunate for having the opportunity to clerk at Bentley & Bruning

The Penick Inn provides the opportunity to socialize with judges, magistrates and other attorneys. It also offers the opportunity to obtain CLE credit.

Page 6: SCBA CALENDAR FAMILY LAW Family law with an international ...€¦ · SCBA CALENDAR FAMILY LAW Cultivating diversity and inclusion: Together, we benefit By Caroleen Brej, Esq. Maglio

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Page 7: SCBA CALENDAR FAMILY LAW Family law with an international ...€¦ · SCBA CALENDAR FAMILY LAW Cultivating diversity and inclusion: Together, we benefit By Caroleen Brej, Esq. Maglio

The Docket · August 2017 7

YOUNG LAWYERS DIVISION

Time has flown! It has been a privilege serving as president of the Sarasota County YLD for

the past year. It is very humbling working with such committed and talented board members and committee chairs, who have each worked tirelessly to put on the many social, educational, and networking activities we have been able to bring to our community over the past 12 months. As my time as president now comes to a close, I have tremen-dous confidence that the next year will be a spectacular success under the leadership of Erin Christy.

Although my time as president of the Sarasota County YLD is at its end, I am excited to continue to serve our membership and commu-nity on the Board of Governors for the Florida Bar Young Lawyers Division. As Twelfth Circuit Repre-sentative, I will continue to advocate for the issues facing our membership; work with the Board on our service, education, and advocacy agenda; and strive to maintain the relation-ship between our local affiliates and the overall Bar organization.

In that regard, I have the privi-lege of having been appointed to the Transition to Practice Committee,

which over the next Bar year will be working on rolling out an exciting new website for young lawyers — the Legal Accelerator! (Ok, it’s a working title). Our vision can best be described as a virtual mentoring website.

Over the past several years, the Board has come to learn that, unfor-tunately, recent law school graduates are not embracing mentoring rela-tionships in the same way that previ-ous generations of lawyers have. Rather than trying to force new lawyers into a system that they do not embrace, we decided to come up with an innovative way to provide young lawyers with resources they need as they transition to practice.

One of the ways we’ve already done that has been through the Lawyers Advising Lawyers website, which has really come into its own over the past year (and if you haven’t already done so, please check it out). However, we also realized that all young lawyers have common diffi-culties and questions regarding the practice of law, ethics, and law firm management, and substantive legal questions. Sadly, we see that new lawyers are sometimes too afraid or embarrassed to seek out help, or do

A time of transitions for the Young Lawyers Divisionnot know who to solicit for advice.

This is where the Legal Accelera-tor website comes into play. Over the years, the YLD has created videos, webinars, CLE materials, blog posts, and other content on a wide range of topics, specifically geared toward young lawyers. However, it is diffi-cult to locate all these materials. We are now working on combining all of these previous resources the YLD has created, to put them into an easily searchable database. We’re also working on creating new content to put into the database, including short videos and articles from experi-enced attorneys, to answer common questions posed by new lawyers. Our plan is that in the future, every young lawyer with a question will first visit the Legal Accelerator website for an easily located and on-point answer.

Thank you again for your support over the past year, and for your continued support as Twelfth Circuit Representative. If you have any questions about the Florida Bar, the programs and services of the YLD, or have concerns or questions about the practice of law, please do not hesitate to contact me any time. Please, don’t be a stranger.

Jesse R. Butler, Esq. Dickinson & Gibbons, P.A.

YLD PRESIDENT’S COLUMN

Plan for a capital weekend in May for Supreme Court swearing-in

Save the date for a once in a lifetime opportunity! The Sarasota County Bar Association is pleased to host a swearing-in ceremony for its members

for admission to the Bar of the Supreme Court of the United States in Washington, D.C., on Monday, May 14, 2018.

Join your colleagues for an unforgettable week-end in our nation’s capital, including a special welcome dinner and culminating Monday morning at the United States Supreme Court.

SCBA members who have been practicing members of the highest court of a U.S. state for a minimum of three years, and are in good standing, are eligible for the swearing-in. Each applicant may have one guest in the courtroom, but the entire weekend is meant to be family friendly! If you are interested in participating in this momentous week-end, please contact Erin Christy and Margaret Good at [email protected]

More information to follow as the 2017–2018 Sarasota County Bar Association kicks off.INTER-BAR COMPETITION

Sarasota County Bar Association and Manatee County Bar Association members face off in a cornhole tournament for charity at Motorworks Brewery in Bradenton.

Page 8: SCBA CALENDAR FAMILY LAW Family law with an international ...€¦ · SCBA CALENDAR FAMILY LAW Cultivating diversity and inclusion: Together, we benefit By Caroleen Brej, Esq. Maglio

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?

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?*

9. Is the attorney available to speak with you at any point during the referral to give you status updates as you request?

10. Is the attorney willing to take on challenging cases that other law firms or attorneys may not be willing to handle or would turn down due to the amount of work involved?

refer your Cases to the mallard law firm, beCause our answer to these 10 questions is yes.

damian mallard, esq.Mallard Law Firm, P.A.

889 North Washington Blvd.

Sarasota, Florida 34236

(P) 941-952-1682

www.MallardLawFirm.com

*Rules regulating the Florida Bar permit a 25% referral fee without any involvement of the referral attorney other than making the introduction to the client. Any additional fees require court approval and involvement of the referring attorney in the handling of the personal injury matter.

Saint Stephen’s is an independent, college-preparatory school providing a world-class education for students in grades Pre-K3 to12. Schedule a tour today.315 41st St. W., Bradenton, FL 34209 | (941) 746-2121 www.saintstephens.org | Welcoming all faiths

The village in Tanzania is just one of many international destinations our students visit virtually during the school year. By interacting regularly with classrooms worldwide, Saint Stephen’s students experience different cultures, customs and languages. It’s part of our goal to create responsible global citizens.

Where in the world is Lugalo?Escape to mountains of North Carolina, where your only deadline is enjoying the cool temperatures and world-class amenities. Savor the moment when your toughest decision is whether to spend a day relaxing, playing a round of golf or tennis, or taking a waterfall hike. Allow me to help you find your own piece of paradise in Highlands, Cashiers/Sapphire and Lake Toxaway.

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The Docket · August 2017 9

DIVERSITYContinued from Page 1

RICHARD R. GARLAND DIVERSIT Y SCHOLARSHIP

the many options available to them.

Tiffany Coleman Legal Aid of Manasota

Hometown: Originally from Queens and relocated to North Port. Education: Florida Coastal School of Law, Class of 2018; University of Central Florida, B.A. English with Health Administration Minor. Student Organizations: The Chester Bedell American Inn of Court. Favorite Place in Sarasota: Siesta Key Beach. Item on Bucket List: Backpack throughout Europe. Impression of Sarasota: Sarasota is a very welcoming, vibrant, growing community with lots of activities to do.

How are diverse attorneys valu-able in the legal profession?

Diverse attorneys are very valuable because they are able to communicate with different clients and open opportunities for the law firm that would not otherwise exist. By including diverse attorneys in the legal field, outsiders will see the legal profession as more accessible.

What challenges have you expe-rienced that have made you into the person you are today?

My parents came to this coun-try from Jamaica and worked very hard to support our family. I barely saw my parents; when I was not at school, my grandparents would watch over me while my parents were at work. I saw how hard my parents had to work, the hardships they had to overcome, and the adver-sity that they faced. Their hard work and dedication inspired me to be the person I am today.

How has the RRG Diversity Scholarship impacted you? What have you learned about yourself through this experience?

The RRG Diversity Scholarship has provided me with invaluable work experience and networking opportunities that I would not other-wise have had. I was able to meet different people and gain experience in many different practice areas. I now have a better understanding of the areas of law that I want to pursue once I graduate. Because of this experience, I am even more interested in working in health care law.

If you or your firm are interested in hiring future Summer Interns through the Richard R. Garland Diversity Scholarship Program, or

See DIVERSITY, Page 16

Diversity is the backbone of our nation and the foundation of a strong legal community. It is borne by the blended union of our individ-ual life experiences, as members of distinct socioeconomic and sociocul-tural groups. It is comprised of our unique characteristics, which when woven together, create a wealth of knowledge, power, and ultimately greater success than each of us could have achieved alone. While our diversity may be apparent on the surface by our different back-grounds, genders, sexual orienta-tions, races, ages, and religions, it is our core qualities — our individual perspectives, creativity, intellect, and personalities — that are truly enrich-ing. When diversity increases, we all benefit.

Attorneys from varied back-grounds bring immense value to the legal profession. With our unique experiences come advantageous abil-ities to effectively communicate with clients, as well as each other. Fresh perspective and insight abound with the inclusion of diverse members in our profession. The SCBA’s Richard R. Garland Diversity Scholarship Program, which provides yearly scholarships to accomplished law students from diverse backgrounds who express interest in becoming members of our local community, seeks to cultivate diversity and inclusion by partnering with local employers to provide meaningful professional experiences to each scholarship recipient.

This year’s Scholarship recipients, Alexis Turner Garris and Tiffany Coleman, will each receive $5,000 toward next year’s tuition. Alexis is a rising 3L at the Stetson University College of Law and was employed this summer at Maglio Christopher & Toale, P.A. Tiffany, also a rising 3L, attends Florida Coastal School of Law and was employed this summer at Legal Aid of Manasota. Strength-ened by the adversity they overcame to achieve academic success, Alexis and Tiffany share their perspectives on diversity and inclusion with us, below.

Alexis Turner Garris Maglio Christopher & Toale, P.A.Hometown: Wilmington, Dela-

ware. Education: Stetson University College of Law, Class of 2018, with

advocacy certification; West Virginia University, B.A. in Psychology with minors in Communication Studies and Political Science. Student Orga-nizations: Current American Bar Association - Law Student Division Representative and former Vice Pres-ident of the Black Law Student Asso-ciation. Favorite Place in Sarasota: Downtown Sarasota and the John Ringling Bridge. Item on Bucket List: Fill up multiple passports by traveling the world. Impression of Sarasota: Sarasota is an enjoyable, welcoming area and its legal commu-nity appears to want young profes-sionals to be here.

What does diversity and inclu-sion mean to you?

Diversity and inclusion mean recognition that two heads are better than one. People bring to the table their unique differences and under-standings which benefit the group overall. Team settings with diverse members achieve greater productiv-ity compared to teams comprised of only like-minded individuals.

How do you believe we can increase diversity in the legal profes-sion?

Offering law-related programs to high school students is very valu-able and shows students who are still deciding on their future that a profession in law is both available and attainable to them. For example, the Booker High School Law Acad-emy introduces high school students to the legal field and teaches them how to think like lawyers. These types of programs create awareness that the legal profession is full of many different jobs which are all options to today’s youth.

How do you believe law firms can attract and retain diverse attor-neys?

I believe that by getting more involved with law schools, either by attending law school-sponsored events or hosting their own law firm events with the school, law firms show that they are interested in hiring from more than just a select group. Diverse students attending these functions will also develop a comfort level with networking while building a broader network of contacts to reconnect with when the time comes to look for a job. Many diverse students can only see them-selves working in a handful of jobs once they graduate, and by law firms getting more involved with the law schools, the diverse students will see

This year’s Scholarship recipients, Alexis Turner Garris and Tiffany Coleman, will each receive $5,000 toward next year’s tuition.

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Wittmer | Linehan Sarasota County Bar Association Docket ad – 7/28/2016

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The Docket is a publication of the Sarasota County Bar Association. All articles printed herein are the property of the Sarasota County Bar Association and may not be reprinted without permission.PUBLISHER: SCBA Executive Director Holly Lipps

CO-EDITORS: Brian D. Goodrich, Esq., Bentley & Bruning, P.A., and Robert L. Young, Esq., Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A.DESIGN AND EDITORIAL CONSULTATION: Peter M. Gentile, petermichael associatesThe Docket encourages submissions of interest to SCBA members. Contact the SCBA office via e-mail ([email protected]) or phone (861-8180) for further information. The Docket is published 10 months a year. Deadline is the first Friday of the month preceding the month of publication.

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The Docket · August 2017 11

SOUTH C OUNT Y DIVISION

Booming area needs new courthouse facilityGreetings from South County!

Well, here we are in the middle of a long, hot summer. I hope every-

one gets a chance to get out of town for a while this summer. Regardless of how busy we are, everyone needs to take time away and recharge their batteries. I hope you take the time to do so.

Things are going well in South County; our court functions are running smoothly with our two-judge system. We continue to work with county staff to move the new Courthouse closer to reality and we appreciate everyone’s assistance in that regard. South County contin-ues to boom and we need a full-ser-vice, secure courthouse facility here as soon as possible. I read the other day that the West Villages (the area surrounding U.S. 41 and River Road between Venice and North Port) is the fastest growing community in the United States, even faster-growing than Lakewood Ranch. In addition to the West Villages, there are multi-ple 1,000-plus new home communi-ties going up all around the Venice/Englewood/North Port area. We

Stephen K. Boone, Esq. Boone, Boone, Boone & Koda, P.A.

SOUTH COUNTY PRESIDENT’S COLUMN

truly are a booming area!We closed out our “year” with a

Fun Family Picnic at Snake Island, the infamous boating party spot in Venice. We had a great time relaxing, socializing, and enjoying food and beverages with our brethren and their families. It is always nice to socialize with fellow Bar members in

American father to secure the return of his son.

Gillett, who has been Board Certified in Marital Family Law since 2004, has been involved in five Hague Convention cases and says that most such cases are “fairly straightforward and happen quickly, efficiently, and are predictable if filed in Federal Court.” However, she cautions that other cases with inter-national aspects are not so simple.

In her most recent case, she was retained by the Swedish government to represent one of its citizens. She filed the case on January 5, 2017, in the Federal Court in the Middle District of Florida and the hear-ing was held on February 9. Since Gillett’s Swedish client spoke broken English, Bradenton attorney Hanna Simonson was retained as a transla-tor. The Court ordered that the child, who had been wrongfully removed from his habitual residence in Sweden and was living in Bradenton, be returned home to Sweden. The

FAMILYContinued from Page 1

Dana B. Keane, Esq. Keane & Keane

child was returned to Sweden within three days of the trial.

However, Hague Convention cases are not the only type of cases with international aspect Gillett handles. She has been involved in divorces where one or both parties are members of the military and stationed in foreign countries, juris-dictional disputes over the home state of the child, disputes over the validity of marriages occurring in foreign counties, and premarital agreement cases involving the appli-cation of foreign laws.

Gillett’s extensive experience with internationally related cases led to her being invited to become

a member of the International Academy of Family Lawyers, a worldwide association of practicing lawyers who are recognized by their peers as the most experienced and skilled family law specialists in their countries. Her contact with foreign members of the IAFL has provided her with resources to assist her clients with some of the more unique aspects of their cases.

For example, Gillett says, “I was retained to prepare a premarital agreement for the lead singer of a heavy metal rock band. Through IAFL, I had met a very accomplished lawyer from London, who handles premarital agreements for some of the notorious UK bands as well as some of the royals. He was very instrumental in teaching me how to craft the intellectual property clauses relating to catalogues of music, etc., as I had previously prepared that type of premarital agreement, which involved music and lyrics. This particular singer writes his own music as well as leads the singing in the band.”

Gillett enjoys the fact that her membership in IAFL has given her exposure to attorneys practicing all over the world. She says that “deal-ing with foreign attorneys is intrigu-ing in that it gives me insight into how legal matters and legal practices are handled worldwide.” Family law practice is becoming increasingly international in nature, and Gillett is at the forefront of this developing area for our local Bar.

an extremely casual setting like the beach.

Our board planning session was in July, and after the month of August off, our kick-off dinner for the new year is in September. Dan Policastro is our incoming South County Division board president and he will do a great job.

South County Board Members Steve Boone, Tony Mowry and Dan Policastro enjoy a picnic lunch on Snake Island.

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The Docket · August 2017 13

PLANNING AND DEVELOPMENT

Robert K. Lincoln, Esq. Law Office of Robert K. Lincoln, P.A.

By ROBERT K. LINCOLN, Esq. Law Office of Robert K. Lincoln, P.A.

Sarasota County and its cities are still in a post-recession real estate development boom. With new

construction comes the inevitable complaint: “New development” is causing major traffic issues! We demand somebody do something to fix it — without cost or incon-venience to existing residents. The political winds from Tallahassee make it clear that growth issues are local problems. As a land-use lawyer who represents developers, neighbors, and local governments in development disputes, I see lots of future business if we do not imple-ment change. As a planner who has specialized in growth management policy and a 40-year resident of Sarasota, I favor more forward-look-ing policies over litigation.

Today, the county and the cities have extensive lists of roads already operating “below the adopted level of service” (the level of service esti-mates average speeds based on lanes, configuration and number of signal-ized intersections) with no overall plans to correct those deficiencies. New development is not causing those problems — they resulted from regional growth, demographic changes, and a failure to plan and timely build roads. While it is easy to jump on the “blame new develop-ment” bandwagon, the real contrib-uting factors are more complex.

Many specific transportation issues result from regional trends, not local development approvals. Downtown Sarasota traffic jams are due in large part to traffic moving from Manatee County to and through downtown, and from commuters and business people from North Port. The lack of affordable housing in the City and northern Sarasota County exacerbates this trend. Region-wide traffic moving through the area contributes greatly to traffic issues in many other loca-tions (i.e. the Cattlemen/University and Cattlemen/Bee Ridge intersec-tions). Local approvals did not cause these issues.

We are paying the price for prior failures. Fixing traffic issues is worse because we have not historically paid the price to create a more resilient

road system. For example, long-gone politicians decided not to pave Swift Road from Proctor south to Clark Road because “it will just encourage growth.” In the late 1970s and ’80s, Sarasota County planned to build Honore (west of I-75) from Laurel to University (and then north) as a four-lane collector road. Plans also called for a collector east of I-75, from Laurel to north of Fruitville, with an overpass at Richardson Road. Politics maimed those projects and numerous others. We now must build these improvements at expo-nentially higher costs.

Existing development never paid for itself. Even after impact fees were established, they never covered the “full cost” of transpor-tation improvements. The standards changed — as “existing” road capac-ity gets rebuilt, it is much better, but also much more expensive (look at Bahia Vista). Plus, the number and length of automobile trips has increased. A family moving into a house built 30 to 50 years ago almost certainly has more cars, and drives more often and farther, than the original owners.

We can do more than complain (and sue): Let’s make mobility work. Sarasota County and

the City of Sarasota now have more flexible “mobility fees” instead of road impact fees. We need to explore alternatives beyond biking and walk-ing. Here are three alternatives that are better than court:

Leverage technology. We need to complete the centralized control of signalization to make the existing road network as effective as possible at peak hours. We should also lever-age community-based traffic and navigation applications, like Waze, to suggest lesser traveled routes and push them to commuters. Finding methods to use Uber/Lyft type tech-nologies for SCAT and paratransit services could lead to “on-demand” (rather than scheduled) services, garnering more users. Technology advances will only continue to provide more options we can lever-age for mobility.

Identify networks of “slow speed” (25 MPH or less) streets for use by golf carts, neighborhood electric vehicles, electric scooters, and bicy-cles. Florida law already allows local

governments to establish slow-speed streets for golf carts and neigh-borhood electric vehicles. These networks could use existing streets specifically identified with signage for slow-speed. We can create slow-speed networks for residents to complete their shopping and get to appointments, without venturing onto major roadways. This option is inexpensive, mainly requiring planning, a consistent approach to signage, and some crossing improve-ments.

The Villages, a largely retire-ment-oriented community north of Pasco County, is a successful exam-ple of a slow-speed network. The residents use modified golf carts for most of their trips, minimizing envi-ronmental impact while promoting mobility and “aging in place.” Golf carts are an inexpensive second vehi-cle for round trips of 5 to 6 miles or less. Their slow speed makes them easier for some older drivers to use, and they take up far less space for parking and other services.

We can expand this concept to other communities as we continue to develop electric bicycles, scoot-ers, and other slow-speed vehicles. In addition, because these lighter weight vehicles require less “road,” there is potential for placing dedi-cated slow-speed facilities on rail-road rights-of-way, the banks of existing canals, and on unimproved streets — for far less cost than building new standard sized streets or widening existing streets. In the near future, safely established slow-speed street networks could serve as a feasible transportation method at many locations.

Establish affordable housing in strategic locations to reduce the number and length of trips. After housing, transportation is one of our largest personal expenses. Locating affordable housing closer to jobs, shopping, services, and schools increases its social and economic impacts. We must move from a purely “project” mentality to establishing more affordable units in previously developed areas. One straightforward method is to ease the regulatory restrictions that inhibit or prohibit “accessory apartments” for existing single-family homes. We could apply zoning overlays

Growth and traffic: As certain as death and taxes?

See GROWTH, Page 16

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The Docket · August 2017 15

NEWS OF NOTE

See NEWS OF NOTE, Page 16

n The law firm of Shumaker, Loop & Kendrick, LLP is pleased to announce that the following attor-neys have been selected for inclusion in 2017 Florida Super Lawyers: Anthony J. Abate, Steven J. Chase, Douglas A. Cherry, Jason A. Collier, Jennifer B. Compton; 2017 Florida Rising Stars: Michael D. Bressan, Meghan O’Neill Serrano, Daniel R. Strader, and Florida Trend’s Florida Legal Elite 2017: Anthony J. Abate.

n Jennifer Fowler-Hermes, a board-certified specialist in labor and employment law with Williams Parker, recently participated as a co-presenter at the Florida Associ-ation of Legal Support Specialists’ 19th Annual Membership Meeting, held May 6 in Sarasota. The presen-tation, “Beyond the Hemline: Using Fashion to Recognize Employment Law Issues in the Workplace,” addressed several labor and employ-ment law issues, including religious accommodation, Florida domestic violence leave, the Family and Medi-cal Leave Act, the Americans with Disabilities Act, the transgender workforce, gender bias, medical marijuana, and employment policies.

n Gail E. Farb, a labor and employ-ment attorney with Williams Parker, recently presented at the 16th Annual Tri-County HR Conference, “Riding the Waves of Change.” Farb presented “Charting a Course through the Choppy Waters of Labor and Employment Law Challenges” to more than 250 human-resource professionals.

n Farr Law Firm attorney Fletcher H. Rush recently graduated from Class II of the Florida Fellows Insti-tute of the American College of Trust and Estate Counsel. Rush is an associate at the Farr Law Firm and was selected for this elite program designed to develop trusts and estates attorneys to become future leaders of the profession. Rush was also recently recognized as a Florida Rising Star by Florida Super Lawyers magazine.

n Williams Parker is pleased to announce that attorney Douglas J. Elmore has graduated as a member of the 2017 class of the Florida Fellows Institute. The Institute’s mission is to develop the profes-sion’s future trust and estate lead-ers. To participate in the Institute,

students are selected from nominees throughout Florida. Graduates must complete courses covering topics such as wealth transfer strategies, estate and trust litigation, and fidu-ciary taxation.

n James O. Fergeson, Jr., J. Ronald Skipper, Richard R. Gans and Douglas R. Bald, shareholders in the law firm of Fergeson Skipper, P.A., have been named to the 2017 list of Florida Super Lawyers. Fergeson specializes in tax law and has been recognized as a Florida Super Lawyer each year since 2008. Skipper and Gans specialize in wills, trusts and estates, and have been recognized as Flor-ida Super Lawyers since 2007. Bald specializes in appellate law and was also recognized as a Florida Super Lawyer in 2014 and 2016.

n Shumaker, Loop & Kendrick, LLP, is pleased to announce that Brett M. Henson has joined the Sarasota office as an associate attorney in the Commercial and Construction Liti-gation Practice Groups. Brett devotes a substantial portion of his practice to construction litigation, disputes related to construction defects, fidel-ity and surety bonds, and Florida’s Construction Lien Law.

n Four attorneys at the Sarasota law firm of Syprett, Meshad, Resnick, Lieb, Dumbaugh, Jones, Krotec & Westheimer, P.A., have been selected by Super Lawyers, part of Thomson Reuters, to its 2017 Florida Super Lawyers and Rising Stars lists. Firm President Michael Resnick and Part-ner Teresa Jones were both selected to the Super Lawyers list; Managing Partner Nancy Cason and Associate Attorney Derek Eisemann were selected to the Rising Stars list.

n Shumaker, Loop & Kendrick, LLP, is pleased to announce that Andrew J. Oppenheim has joined the Sarasota office as an associate attorney in the Litigation Practice Group. Andrew’s work includes interviewing key witnesses during depositions, discov-ery, and handling matters throughout all phases of litigation.

n Dunlap & Moran, P.A., an AV-rated law firm with offices in Lakewood Ranch and downtown Sarasota, is pleased to announce that David B. Heedy has joined the firm as an Associate. Mr. Heedy received his J.D. degree, cum laude, in 2015

Have you or a member of your firm achieved professional recognition? Have you hired a new attorney? Any other news of note? If so, we would like to hear about it. Email your “News of Note” items to [email protected].

from Florida State University College of Law, and his graduate degree in Taxation (LL.M.) in 2016 from the University of Florida Levin College of Law. His areas of practice will be Probate, Estate and Trust Adminis-tration, and Business Law.

n Williams Parker is pleased to announce that Super Lawyers, a Thomson Reuters lawyer-rating service, has named the following Williams Parker attorneys as top attorneys in Florida for 2017: Charles D. Bailey, Jr.; Jennifer Fowler-Hermes; Ric Gregoria; John M. Hament; J. Michael Hartens-tine; Elizabeth C. Marshall; Mark A. Schwartz; William M. Seider; Jeffrey T. Troiano; Kimberly P. Walker; and Michael J. Wilson. In addition, the following Williams Parkers lawyers were named as Florida Rising Stars: Douglas J. Elmore, Rose-Anne B. Frano, James-Allen McPheeters, and Elizabeth M. Stamoulis.

n Icard, Merrill, Cullis, Timm, Furen & Ginsburg (Icard Merrill) – a Sarasota-based, full-service law firm – is proud to announce that nine members of the firm have been selected for inclusion in the 2017 edition of Florida Super Lawyers.: Charles J. Bartlett – Business Liti-gation, Construction, Business/Corporate Law, Thomas F. Icard, Jr. – Construction Litigation, Busi-ness Litigation, Alternative Dispute Resolution, Robert G. Lyons – Alter-native Dispute Resolution, Personal Injury-Medical Malpractice, Personal Injury-General, William W. Merrill, III – Land Use & Zoning, Real Estate, Environmental, Administrative Law, Government Relations, Alyssa M. Nohren – Real Estate, General Litiga-tion, W. Andrew Clayton, Jr. – Secu-rities Litigation, Business Litigation, Alternative Dispute Resolution, Jaime L. Wallace – Family Law, F. Thomas Hopkins, III – Real Estate, Estate Planning & Probate, Business/Corporate, G. Matthew Brockway – Rising Star – Land Use/Zoning, Real Estate, Intellectual Property.

n Shumaker, Loop & Kendrick, LLP is pleased to announce that Sarasota partner Tony Abate, has accepted the invitation to become a fellow in the Fellowship of the Construction Lawyers Society of America (CLSA). CLSA is an invitation-only construc-tion honorary society limited to 1,200 practicing fellows.

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16 The Docket · August 2017

to neighborhoods where accessory apartments can be incorporated more seamlessly into the existing housing stock. This requires trust that owner-landlords will maintain neighborhood standards and accept-able behavior. We also need to accept street parking to accommodate addi-tional vehicles.

The Bottom Line: We Must Fund Mobility Programs. Recognizing that it is imperative to control costs, the transportation system needs more funding. One option is to impose a county-wide transportation improve-ment fee for existing development. North Port has such a fee for road maintenance. It makes a certain amount of sense to implement a similar fee to fund our overall trans-portation improvements. A coun-ty-wide fee of $10 per residential unit, with equivalents for commer-cial, office and industrial uses, would create $5 million per year for strate-gic mobility projects.

What will it be — more lawsuits? Or a common vision that is econom-ically feasible, addresses multiple social and economic issues at once — and could actually work? I would gladly forgo transportation litigation in exchange for a successful mobility strategy.

CLERK’S C ORNER

Document recording by the numbers: 160,957 in fiscal 2016The County Recorder’s Office accepts, records, protects

and preserves the Official Records of Sarasota County. In this role, the Clerk accepts a variety of

instruments upon payment of service charges prescribed by law. Presented by the public and businesses, as well as by the Courts, this office largely records documents affecting title or real or personal property — deeds, leases, mortgages, bills of sale, agreements, judgments, satisfactions, releases, affidavits, notices of commencement, maps, subdivision and condominium plats, and maps of floodplains. We also accept declarations of domicile, powers of attorney, death certificates, probate documents, certificates of discharge from military service, plus any other instruments required or authorized to be recorded by law.

Let’s take a look at the volume of documents in FY2016, when 160,957 total instruments were recorded. June 2016 was the busiest single month, when 14,697, or just

over 9 percent, of the year’s documents were recorded. Here is a partial list of the most common items submitted to this office:

• Deeds – 29,737• Court Documents – 26,758• Mortgages – 17,857• Satisfaction of Mortgage – 14,854• Judgments – 8,313• Claim of Lien – 2,170• Wills – 1,586• Letters of Administration – 1,575• Dissolutions – 1,391• Lis Pendens – 1,370• Declaration of Domicile – 644• Notice of Appeal – 163 Although paper is accepted, electronic submission, or

eRecording, has been offered since 2013, now making up almost half of the documents presented to the Clerk for recordation. This option allows our customers to electronically view documents, and receive immediate confirmation their document has been accepted and recorded. An amazing 49,372 documents were eRecorded last year; the busiest month was August, when 4,650 e-Recorded documents made up 48 percent of our documents received for the month. Most days, we can expect over 200 e-documents to flow through the queues.

If you, your business, or organization is interested in “skipping the line” and becoming an eRecording customer, visit our SarasotaClerk.com recording page to learn more about the process, and about our third-party eRecording partners who offer a range of options,

CLERK’S CORNER

Karen E. Rushing Clerk of Court and County Comptroller

SECTION NEWS

CIVIL TRIAL AND LABOR AND EMPLOYMENT LAW SECTIONSChairs: Amanda R. Kison, Bentley & Bruning, P.A. and Gail E. Farb, Williams Parker Harrison Dietz & Getzen

Florida Supreme Court’s rejection of evidence standardCome join the Civil Trial and Labor and Employment Law Sections on Thursday, August 10, from noon to 1:15 p.m. at Michael’s on East. Featured speakers are Michael P. Allen, Stetson University College of Law professor and recent appointee to the U.S. Court of Appeals for Veterans Claims, and attorney Jason Sterns of the litigation firm Freeborn & Peters, LLP.

They will discuss the Florida Supreme Court’s recent opinion in which it declined to adopt, to the extent it is procedural, the Daubert Amendment to the Florida Evidence

Code. The discussion will focus on the practical effect of this decision and will provide guidance to litiga-tion practitioners in how to address this issue as they prepare for trial in Florida state courts. Application for CLE credit is pending.

REAL PROPERTY SECTION Chair: Cynthia A. Riddell, Riddell Law Group

Legislative wrap-upThe recent legislative session contained many items of interest to real estate attorneys from items regarding estoppels, virtual notary, condominium terminations and HOA revitalization. Jennifer Blood-worth, Senior Underwriting Counsel at First American Title Insurance Company, will provide a summary legislative update on August 17, from 12 to 1 p.m. at Sarasota Yacht Club.

GROWTHContinued from Page 13

See CLERK, Page 17

DIVERSITYContinued from Page 9if you would be interested in inter-viewing alumni of the Program who would like to return to work in Sarasota but have not yet been able to find positions in the community, please do not hesitate to contact Holly Lipps at [email protected]. The Scholarship Program would not be possible without your gener-ous support!

Connect with us!Want to be reminded of upcoming SCBA events while you

scroll through Facebook? How about a glimpse of past events you missed? Maybe even some local legal news and events? Please “like” our Facebook page to receive future updates and photos by clicking here: www.facebook.com/SarasotaBar

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The Docket · August 2017 17

PERSONAL DEVELOPMENT

By MARTIN HURWITZ Transitioneering

You may find it comforting to know that anyone who has achieved anything great has

at some point made a choice to embrace failure, instead of fight-ing and fearing it. If you look at the most inspirational innova-tors, athletes, geniuses and icons throughout history, they all shared a common, simple belief. They simply did not entertain the notion of fail-ure as a bad thing. They understood that every failure encountered and overcome brings you one step closer to success, and that failure is a natu-ral part of the success process.

“Success is the ability to go from failure to failure without losing your enthusiasm.”- attributed toWinston Churchill

“Failure is success if we learn from it.” — Malcolm Forbes

“There are no secrets to success. It is the result of preparation, hard work and learning from failure.” —Colin Powell

“It is fine to celebrate success, but it is more import-

CLERKContinued from Page 16payment types, and services. Electronically record your documents from your office, meeting place, or anywhere with internet access. You will be able to:

• Check the progress of your filing • Improve service by speeding up the delivery of

recorded deeds, mortgages, and other documents;• Reduce costs and streamline operations.It only takes a few steps to sign up, and with

downloadable software applications and tech support available to guide you, the process is simple and secure. Hardware requirements and specifications are minimal, so learn more to get ready for less paper, quicker access to documents, and happier clients.

With the first half of 2017 now behind us, and with the recording volume continuing to increase, we are eager to implement more online services making it even more convenient for our customers. We also look forward to seeing more members of the Bar choose eRecording, which would make your daily routine more efficient. Our office is always here to answer any recording questions you may have.

Tired of failing? Then it’s time to reframe failureant to heed the lessons of fail-ure.” — Bill Gates

“ I’ve missed more than 9,000 shots in my career. I’ve lost almost 300 games. Twen-ty-six times I’ve been trusted to take the game-winning shot and missed. I’ve failed over and over and over again in my life. And that is why I succeed.” — Michael Jordan

If you think about it, failure is just one kind of feedback. It is simply showing you what is not working so you can move to what does work. A cultural tenet at Pixar films, one of the most successful studios in history, is “Fail fast.” Embracing the inevitability of failure allows us to minimize the associated costs, embrace change and risk, and build resilience. That is why the ability to recover from setbacks and move forward is essential. And it is achieved by embracing, processing and benefitting from failure.

Educational reformer John Dewey said, “Failure is instructive. The person who really thinks learns quite as much from his failures as his successes.” Failure can make us feel passive and out of our depth. This feeling is simply a trick our mind

CLA SSIFIED ADS CLA SSIFIED ADS

EMPLOYMENTLitigation Attorney — Established long-term Sarasota AV rated law firm has opening in its litigation department for associate attorney with minimum 2+ years of experience in commercial and/or civil litigation.  Seeking motivated attorney to assist in general litigation practice primarily in the areas of construction, business, real estate, mortgage foreclosure, contract law, landlord tenant, trusts/probate, personal injury and general commercial representation.  High academic credentials, active Florida Bar membership and successful employment history required.  Compensation commensurate with experience. Send resume in confidence to: Fergeson Skipper, P.A., 1515 Ringling Blvd., Tenth Floor, Sarasota, FL 34236; or [email protected]; Attn.: Firm Administrator.Berlin Patten Ebling, PLLC, an expanding, full service real estate law firm with offices in Lakewood Ranch, Sarasota, and Venice is searching for a litigation attorney with a minimum of 3-5 years of experience, preferably with an emphasis on real estate and commercial litigation.  Portable book of business preferred but not required.  Full time position with benefits including 401k, medical,

dental, short-term and long-term disability and life insurance.  Please send confidential cover letter, resume and salary requirements to Vicki Klavins via email at [email protected] Patten Ebling, PLLC, an expanding law firm with offices in Sarasota, Lakewood Ranch, and Venice is searching for a Real Estate attorney for its Sarasota office with a minimum of 3 years of experience in residential and commercial real estate transactions. Portable book of business preferred but not required. Full time position with benefits including 401k, medical, dental, short-term and long-term disability and life insurance. Please send confidential cover letter, resume and salary requirements to [email protected]

OFFICE SPACE2389 Ringling Blvd., 1,215 sq. ft. professional office. Excellent location, parking. $15 sq. ft. NNN. Available. Call 941-954-0303Converted Laurel Park house into fully updated professional office within walking distance to the courthouse. Large enough for three personnel, plus reception area, two conference rooms, and kitchen. $1,750 per month. Please call 941-915-5522.

plays on us after experiencing fail-ure. We have more control than we usually realize. We live in an uncer-tain world. If we have 100 percent of the information necessary to make a decision certain, then the time to make the decision has passed. It has already been made for you. For each person, success and failure are part and parcel of everyday life. But some people are able to deal with failure more successfully than others and, of course, this skill and approach is fundamental to effective perfor-mance.

Each individual needs to build strategies to manage the ups and downs of success and failure. Some suggestions for processing failure are:

n Separate the issue from the personal

n Distinguish a failure from one’s identity

n Avoid dwelling too much on the failure

n Experiment with new ways to avoid repeating patterns of failure

Failure is a part of the process of growth and success. It is not a single point but rather a connective part on the continuum of high performance and success.

Some people are able to deal with failure more successfully than others and, of course, this skill and approach is fundamental to effective performance

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18 The Docket · August 2017

SCBA NEWS

A look back at the 2016-2017 Bar Association year

Page 19: SCBA CALENDAR FAMILY LAW Family law with an international ...€¦ · SCBA CALENDAR FAMILY LAW Cultivating diversity and inclusion: Together, we benefit By Caroleen Brej, Esq. Maglio

The Sarasota County Young Lawyers Division

presents a

DISTINGUISHED MENTORS Vice-Mayor Liz Alpert Mayor Shelli Freeland Eddie Gary Larsen

Magistrate Deborah Bailey Pamela Fields Will McComb

Deborah Blue Mark Flaherty Todd Miller

John Chapman James Fowler Evelyn Moya

Shem Dominko Jennifer Grosso Betsy Pennewill

E. Keith DuBose Mark Haskins Charles Telfair

Patrick Duggan Herbert Hofmann, II Hon. Charles Williams

MENTORING EVENING

$20.00 per person

Name: ___________________________________

Email: ____________________________________

For more information, email [email protected]

SPACE IS LIMITED TO FIRST 40 REGISTRANTS!

Register online at www.sarasotabar.com

Deadline for reservations is August 3, 2017.

“No shows” and reservations canceled within 48 hours of the event will be invoiced.

____Please check here if you have a disability that may require special attention or services. To ensure availability of

appropriate accommodations, attach a general description of your needs. We will contact you for further coordination.

Y oung lawyers of the Sarasota County Bar, please join our area’s most accomplished attorneys and judges for an evening of deli-cious food, intimate roundtable discussions,

and mentoring opportunities as small groups rotate through discussion stations focused on the most compel-ling areas of practice and professionalism.

Thank you to our generous sponsor

1 hour of CLE Credit (pending approval)

MENTORING EVENING at Fleming’s Prime Steakhouse & Wine Bar

Thursday, August 10, 2017 5:30—8:00 pm

Page 20: SCBA CALENDAR FAMILY LAW Family law with an international ...€¦ · SCBA CALENDAR FAMILY LAW Cultivating diversity and inclusion: Together, we benefit By Caroleen Brej, Esq. Maglio

Agenda 8:00-8:30 a.m. Registration & Check-in 8:30-8:40 a.m. Welcome - Judge Stephen M. Walker 8:40-9:50 a.m. “Cases, Statutes and Rules: They Don’t Have to be Scary” - Sharon O’Day , Esq. 9:50-10:00 a.m. Coffee Break 10:00-11:00 a.m. Stop the Monster Mash: The Effect of Intimate Partner Violence on Families - Valerie Fisher, LMHC 11:00-12:00 p.m. Horror Stories of Financial Abuse During the Divorce Process - Joshua G. Sankes AWMA®, ADFA®, CDFA™,

Chris Wailand, CPA/ABV, CFE and Valerie Fisher, LMHC 12:00-12:30 p.m. Buffet Lunch , FCPC Meeting 12:30-1:30 p.m. High Conflict is Toxic: Adverse Childhood Experiences (ACE) and the Effect of Trauma on People - Shaun

Hoyle, CPE and Peggie Ward, PhD 1:30-2:30 p.m. Trauma During the Court Process: What We Can Do When We See Things Getting Scary - Judge Stephen M.

Walker, Judge Donna Berlin and Stephanie Hefner Roth, LMHC 2:30-3:30 p.m. Changing a Horror Story: Creating Hope for Our Next Generation with Resiliency—Shaun Hoyle, CPE and

Peggie Ward, PhD 3:30-3:40 p.m. Coffee Break 3:40-4:30 p.m. Community Resources for Our Families—Opportunities for Growth and Healing—moderated by Shaun

Hoyle, CPE 4:30-5:30 p.m. Changing the Horror of the Court Process: Creating a New Case Management System to Take the Fear Out of

Court— Judge Stephen Walker & Judge Berlin; Judges Panel—moderated by Stephanie Hefner Roth, LMHC

TO REGISTER ONLINE: http://conta.cc/2rZTj3o Name: ____________________________________________ Firm: _________________________________ Address: ___________________________________________________________________________________ Phone: __________________________________ E-mail: __________________________________________ Profession:___________________________________ Phone: _(______)___________________________

FCPC Membership & Registration: Early-bird through 7/31: $160 8/1 - 9/31: $185 10/1 - 10/6: $200 Support Staff, Non-Profits, & Government Agencies (no CLE’s or CEU’s provided) : $99 Court Administration / Personnel (no fee) The FCPC Membership & Registration price allows you to renew or enroll in a new membership for 2018 and join us for the conference. Registration & Membership is open only to professionals practicing in the areas of Law, Mental Health & Finance and qualified for membership in FCPC as per By-Laws. Return form & check payable to FCPC to: Cathie Hawkins 330 S. Pineapple Ave, Suite #106, Sarasota, FL 34236 Inquiries: Faith Z. Brown, Esq. / Christa Coleman, [email protected] or call (941) 953-2825 FCPC has applied for CLE’s and CEU’s. The Florida Psychological Association is approved by the Florida Department of Health, Board of Psychology and Board of School Psychology to sponsor continuing education for psychologists. The Florida Psychological Association is approved by the Florida Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling as a provider of continuing education. The Florida Psychological Association maintains responsibility for the program and its content. Certificates will be provided at the close of the training. No Refund will be provided. Registrants may provide a substitute or may receive all materials and membership for 2018; substitute names must be provided by October 6, 2017.

When: Friday, October 13, 2017— 8:00 a.m. until 5:30 p.m. Where: Polo Grill, 10670 Boardwalk Loop, Lakewood Ranch

Family Court Professional Collaborative 2017 Annual Conference:

Don’t Let Your Family Law Case Turn Into A Horror Story

Page 21: SCBA CALENDAR FAMILY LAW Family law with an international ...€¦ · SCBA CALENDAR FAMILY LAW Cultivating diversity and inclusion: Together, we benefit By Caroleen Brej, Esq. Maglio

SAVE THE DATE

RETIREMENT PARTY

FOR

JUDGE JANETTE DUNNIGAN SEPTEMBER 7, 2017

IMG COUNTRY CLUB DETAILS WILL BE FORTHCOMING