june/july 2018 2018-2019 board of directors · women lawyers, pinellas county 22 classified...

2018–2019 Officers and

Directors Installed Page14

June/July2018

Columns2 President’s Message 20 Florida Association of Women Lawyers, Pinellas County 22 Classified Advertising

Features1 2018-2019 Board of Directors6 Grounds to Contest a Last

Will and Testament or a Trust Agreement in Florida

8 Gift Tax Annual Exclusion May Cause Medicaid Eligibility Penalty

12 Starting Service Early: An Alternative Spring Break

19 Young Lawyers Division 20 The Clearwater Bar Foundation

Fundraiser: What A Drag! 22 ABA Formal Opinion 481 States

That Lawyers Have An Obliga-tion To Inform Current Clients Of Material Errors

Bar news10 Good News of the Clearwater Bar Association! 13 100% Club Member Firms 14 Officers and Directors Installed21 New Members 28 Events Calendar

letter to the editorThe CBA Res Ipsa Loquitur editorial staff welcomes your comments on topics relating to the law, the legal profession, the CBA, or articles published in the Res Ipsa Loquitur. Anonymous letters will not be accepted, but the author’s name can be withheld from publishing if requested. The editor reserves the right to condense.

Brandon Bellew President

Kim L. KaszubaPast President

Michael Ziegler Director

Ashley Donnell Director

2018-2019Board of Directors

Rebecca Graham President-Elect

Staci K. Chisholm Director

Stephanie Libbey Director

Dane HeptnerYLD President

Shelly A. BeachSecretary

Steven Fishman Director

Erica Peterson Director

Tanya BellYLD President-Elect

Christina Green RankinTreasurer

Caitlein Jammo Director

Kit Van Pelt Director

Joshua Chilson6th Circuit

Representative, The Florida Bar Board

of Governors

Sandra Diamond6th Circuit

Representative, The Florida Bar Board

of Governors

Andrew SassoParliamentarian,

The Florida Bar Board of Governors

2 JUNE/JULY 2018 • RES IPSA LOQUITUR

Clearwater Bar Association • www.ClearwaterBar.org

By Brandon Bellew

President’s Message

CLEARWATER BAR ASSOCIATION

Brandon D. BellewPresident

Hinda CarbonExecutive Director

OFFICERSBrandon D. Bellew, President

Rebecca Graham, President-Elect Shelly A. Beach, Secretary

Christina Green Rankin, Treasurer Kim L. Kaszuba, Past President

DIRECTORSStaci K. Chisholm Steven Fishman Caitlein Jammo Michael Ziegler

Stephanie LibbeyErica Peterson

Kit Van PeltAshley Donnell

Dane Heptner, YLDTanya Bell, YLD

EX OFFICIOAshley N. Donnell, Editor

Christina Z. Pacheco, Assistant Editor

BOARD OF GOVERNORS 6TH CIRCUIT FLORIDA BAR

Joshua ChilsonSandra Diamond

FLORIDA BAR PARLIAMENTARIANAndrew Sasso

ADVERTISING INFORMATIONSilvia Martinez

[email protected]

DESIGN & PRODUCTIONMartin Friedman

[email protected]

800 Drew Street Clearwater, FL 33755Phone 727-461-4869

Fax 727-461-0063Email [email protected] www.clearwaterbar.org

The Res Ipsa Loquitur supports participation of the membership in production of the publication. We encourage you to submit articles and letters. However, we reserve the right to edit any submission and to publish only those articles that we, in our sole discre-tion, deem appropriate.

The comments, messages, statements and opinions, legal or otherwise, expressed in the articles herein are exclusively those of the author and shall not be consid-ered to be those of the Clearwater Bar Association, its officers, directors, agents, this publication, its editors or staff. Additionally, the comments, statements and ar-ticles contained herein are general in nature and should not be relied upon as a basis for any legal opinion, action or conclusion on the part of the reader with respect to any particular set of facts or circumstances.

continued on page 4

“What is in it for me?” is the question that we all ask ourselves when we are thinking about how to allocate two of our most important resources: time and money. There is a lot of competition out there for your time and money. We all want to invest our time and money into endeavors that provide the most return on our investment. I am excited for the opportunity to serve as the president of YOUR Clearwater Bar Association for the next year. During my term as president, I want you to see a return on the investment of your time and money into the Clearwater Bar so that you know “what’s in it for you?” and you will be able to tell all of the non-member lawyers “what’s in it for them.”

The practice of law is a business. We are all looking for ways to improve our business to make ourselves more successful both professionally and personally. The CBA can help you with that in many ways, but there are some things that the CBA cannot do for you. I want to end my first president’s message to you on a positive note, so I will list some of the things that the CBA will not do for you. This is a non-exclusive list in no particular order of what the CBA will not do: (1) decode Google’s algorithms to increase your search engine optimization; (2) send you leads like a pay-per-click program; (3) instantly double your revenue, while allowing you to work half as much; or (4) give you the instant return on investment of a new client call like having your face on a billboard or bus can do.

The legal profession is extremely demanding of our time. Stressful and high-pressure situations are part of a normal day for an attorney as we become the bearer of each of our clients’ burdens. Career dissatisfaction, depression, and substance abuse are more prevalent among attorneys than most other professionals. It would be much more difficult to have a successful

Clearwater Bar Membership: What’s In It For You?

and sustainable legal career without the mentorship and collaboration from other members of the legal community. The CBA can and does provide its members with a community within which to practice law. I know that I would not have survived the early years of practice without excellent mentors, most of whom I met through my involvement with the CBA. Those mentors continue to provide me with guidance on an almost daily basis. The CBA has also allowed me to build relationships with highly professional and competent attorneys. Those relationships allow me to practice law in a much less stressful environment and to collaborate in a way that provides the most efficient results for my clients.

We, the members of the CBA, are in this together. One of us growing her business will help the rest of us. Membership in the CBA allows you to pay it forward. Just today, an attorney who I met through the CBA sent me an email to ask a question outside his area of practice but within mine that I was happy to quickly answer. That did not take much of my time because it involved an issue that I deal with on a regular basis, and it made me feel good to help someone. It saved him a lot of time because he did not need to research the answer. I know that if I reached out to him or countless other CBA attorneys with a question, they would do the same for me without a second thought.

Many CBA members receive clients through referrals and most of those referrals come from fellow CBA members. People refer business to people who they know, like, and trust. The CBA allows you to build long-lasting, symbiotic relationships with other members by getting to know them through the CBA’s many social events and by gaining their trust in your legal knowledge and abilities by speaking at a

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President’s Messagefrom page 2

seminar or writing an article for the Res Ipsa.

However, the CBA needs you, its members, to be engaged in the social events and programs that it offers to build those relationships. Just paying the membership dues or sponsoring an event will not build the relationships that will cause people to know, like, and trust you—i.e. refer cases to you. Building relationships takes time and effort. The CBA will give you the platform that you need, if you are willing to put forth the effort.

The CBA’s success is determined by the success and happiness of its members. Therefore, the CBA’s goal is to help you—our members—be more successful in both

your professional and personal life. I do not believe there is any other organization that can provide such expansive benefits, such as professional satisfaction and growth through practice development assistance, knowledge through programs to keep you on the cutting edge of the law, a strong legal community and support network, and an opportunity to do charitable work to improve the community in which we live and work.

The CBA exists to serve its members. I have been a member of the CBA since I began practicing law and have served on the board of directors for the past five years. I have benefitted greatly—both professionally and personally—from my involvement with the CBA. I know “what’s in it for me,” and I want to make sure that you “know what’s in it for you.”



When I first contemplated “throwing my hat into the ring” a few years ago for the position of the Clearwater Bar Association’s President, my fear was that I could not or would not live up to the leadership who stood before me: all well-respected, esteemed colleagues, whose abilities to lead and effect positive change for the CBA appeared effortless. I know now that a successful and effective presidency is not necessarily because the president was a great leader, but because he/she was astute enough to know that in order to be a good leader, one has to surround themselves with devoted, intelligent, and passionate people. That is absolutely true for my term as president. I want to express my utmost gratitude for the all vigor, enthusiasm, and support of the board and all our volunteers! I know not how my term as president will be judged, but I do know that if I am to be judged by the leadership and reasoned action of the CBA Board, nothing but AWESOME can be the conclusion!

It takes a collective effort to make an association like ours viable. In this ever-changing climate of social media and online marketing, some attorneys may wonder if membership in our association is even necessary. And to those who wonder, I challenge them to ask themselves, when you look at the respected, successful attorneys in your area, in your field, is there a common thread? I without hesitation would bet that all of them have been longtime members of the Clearwater Bar Association, have served on the board or have even held an office or two, and continue to support the ongoing programs and events of the Clearwater Bar. Collectively we are stronger than as one! The quality friendships that I have developed in this year alone far exceeded my expectations and made the long hours, thousands of emails, and numerous personal appearances seem like such a small price to pay!

While there is still much to do for your new President, Brandon Bellew, the new board of directors is invigorated and motivated to work toward further

improving the benefits realized by members of our association. It is clear, crystal clear in fact, that you will be in good hands under your new leadership!

For President, Brandon Bellew, I would offer these words of wisdom from former U.S. Presidents which in my experience are apropos for your CBA Presidency:

“It is amazing what you can accomplish if you do not care who gets the credit.”

- Harry S. Truman

“Efforts and courage are not enough without purpose and direction.”

- John F. Kennedy

“Never be satisfied with less than your

very best effort. If you strive for the top and miss, you’ll still ‘beat the pack.’”

- Gerald R. Ford

“You can do what you have to do, and sometimes you can do it even better than you think you can.”

- Jimmy Carter

Brandon, I know that you will have a productive and amazing year! Congratula-tions and enjoy the journey!

Thank you to the board, Executive Director, Hinda Carbon, the CBA staff, and all Clearwater Bar Association members for allowing me to be of service to you! It has truly been my honor!

FarewellBy Kim Kaszuba

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Grounds to Contest a Last Will and Testament or a Trust Agreement in FloridaBy Brandon Bellew

The most common issues that I deal with as a probate and trust litigation attorney relate to the grounds to contest a last will and testament or a trust agreement. The grounds to contest a will or trust based on invalidity of the document generally fall into three basic categories (these categories relate to validity of the document i.e. whether it is void, not litigating the effect of a valid document): (1) A formality i.e. not prepared or signed properly, (2) An issue with the testator (the person making the will or trust) i.e. lacked mental capacity or suffered from an insane delusion, or (3) An issue with a third party’s involvement i.e. an allegedly bad actor, through fraudulent acts, either directly or indirectly, caused the testator to execute the will or trust.

There are some preliminary considerations. First, it is important to understand that a person has a right to devise (leave or give) his or her property to whoever and however he or she chooses through a will or a trust. Second, the devise does not have to make sense, but it should. For example, leaving a child out of an estate plan who has not spoken to or seen the testator for over twenty years might make sense, whereas a testator changing a will or trust a short time before death to leave his or her estate to someone who the testator just recently met may not

make sense. Therefore, my first thought as I am analyzing the facts presented by a potential client is whether the will or trust that the potential client wants to contest makes sense. Of course, this is a matter of perspective; there will certainly be arguments on both sides about why the devise does or does not make sense, and those arguments will evolve as the case progresses.

Whether the Will or Trust Was Executed With the Proper Formalities as Required by Florida Law.

A will must be (1) In writing, (2) signed by the testator at the end or the testator’s name must be written at the end by someone else at the testator’s direction and in the testator’s presence, and (3) the testator’s signature or acknowledgment that he or someone else previously signed the will must be in the presence of at least two witnesses who sign the will in the presence of the testator and in the presence of each other i.e. the witnesses must be with each other and the testator when they sign the will.1 A trust that disposes of a person’s property after they die must be executed with these same formalities.2

Whether the Testator Had Mental Capacity to Execute the Will or Trust or Was Affected by an Insane Delusion.

A person (an adult or emancipated minor) must be of “sound mind” when he or she makes a will i.e. the person must have “testamentary capacity.”3 This standard also applies to a trust that disposes of property after the death of the person who made the trust (settlor/testator). In order for a testator to execute a valid will, that person must have “the ability to mentally understand in a general way (1) the nature and extent of the property to be disposed of, (2) the testator’s relation to those who would naturally claim a substantial benefit from his will, and (3) a general understanding of the practical effect of the will as executed.”4 This does not mean that a person must be able to understand all the details or “legalese” contained in a will or trust or that the person must know the value of his or her property down to the specific dollar amount, but it requires a general understanding.

If the testator’s will or trust was the result of a mistaken conclusion that is based on a delusion, it may be invalid. An insane delusion is established by evidence that the testator (1) had no basis for his or her conclusions, (2) rejected evidence that he or she was mistaken about those conclusions, and (3) executed a will or trust because of those conclusions.5 An example of this would be if the testator executed a will or trust that disinherited a child because that child did not keep in contact with the testator, but the true facts are that the child was in contact with the testator.6

Whether the Will or Trust was the Result of Fraud or Undue Influence Exerted Upon the Testator By a Third Party.

A will or trust is void if it was procured by fraud, duress, mistake, or undue influence.7 Fraud, duress, and undue influence are related in that they require

First, make sure your email and contact information is up-to-date. Second, send us your cell phone number. The CBA can now send text messages to

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acts exerted upon the testator by a third party.

Fraud requires that a bad actor knowingly made false representations of material facts (lied to the testator about something important) with the intent that the representation would affect the testator’s will or trust and the testator did act upon the misrepresentation by executing a will or trust that he or she would not have executed otherwise.8

Duress is not very common in a will or trust contest. It requires proof that the will or trust was the result of blackmail or force exerted upon the testator by a third party. Duress requires (1) that one side involuntarily accepted the terms of another, (2) that circumstances permitted no other alternative, and (3) that the circumstances were the result of coercive acts of the opposite party.9

Undue influence is when a testator is induced by fraudulent means to such an extent that he or she executed a will or trust that was not what he or she wanted, but the desires of the undue influencer were substituted for the desires of the testator.10 This means that some other person (the

undue influencer) persuaded the testator to execute a will or trust that the undue influencer actively procured. A will or trust contestant needs facts to establish that the contested document would not have been executed but for the involvement of the undue influencer. This is difficult to prove through direct evidence i.e. pictures, documents, recordings, etc. However, a presumption of undue influence can arise if the contestant establishes that the undue influencer (1) occupied a confidential relationship with the testator, (2) was a substantial beneficiary under the contested document or transaction, and (3) was active in procuring the contested document or transaction.11

Mistake as a ground to contest the validity of a will or trust is narrow. The contested will or trust must have been executed by mistake i.e. the testator thought he or she was executing a different document and did not mean to execute the will or trust.12 A mistake in wording or factual situation will not invalidate the will or trust, but may allow for a lawsuit to reform the will or trust to conform to the testator’s true intent.

1. § 732.502 Fla. Stat.

2. § 736.0403(2)(b) Fla. Stat.

3. § 732.501 Fla. Stat.

4. Raimi v. Furlong, 702 So. 2d 1273, 1286 (Fla. 3d DCA 1998).

5. Miami Rescue Mission, Inc. v. Roberts, 267 So. 2d 686 (Fla. 2d DCA 1972).

6. See Levin v. Levin, 60 So. 3d 1116 (Fla. 4th DCA 2011).

7. § 732.5165, § 736.0406 Fla. Stat.

8. Goodman v. Strassburg, 139 So. 2d 163, 164 (Fla. 3d DCA 1962).

9. Woodruff v. TRG-Harbour House, Ltd., 967 So. 2d 248 (Fla. 3d DCA).

10. In re Winslow’s Estate, 147 So. 2d 613 (Fla. 2d DCA 1962).

11. Newman v. Brecher, 887 So. 2d 384 (Fla. 4th DCA 2004).

12. See Forsythe v. Spielberger, 86 So. 2d 427 (Fla. 1956).

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Brandon D. Bellew is the current president-elect of the Clearwater Bar Association and a partner at Johnson, Pope, Bokor, Ruppel & Burns, LLP. He focuses his practice in the area of probate and trust litigation.



By Linda R. Chamberlain

Gift Tax Annual Exclusion May Cause Medicaid Eligibility Penalty

We often consult with clients who have been told there are no repercussions when making a gift less than the $15,000 annual gift tax exclusion to multiple family members.

When an application is made for Long-term Care (LTC) through the Statewide Medicaid Managed Care (SMMC) program for Medicaid benefits, the question is asked whether you have given away, sold, or transferred any assets or property in the last five years. If the answer is yes, you must provide the Department of Children and Families (DCF) with an explanation of all such gifts or transfers during the last five years. Under the Medicaid rules, gifts or other uncompensated transfers are subject to the five year look back. Gifts that fall outside of the five year look back are not considered by Medicaid and there is no duty to report.1

It is important to understand that it is criminal fraud to not report all gifts or transfers within the look back period to DCF and for failure to report you may be criminally prosecuted. A signed statement is required at the time of application swearing under penalties of criminal fraud that you have provided all required information to the best of your knowledge.2

What is the penalty for giving away Assets/property during the last five years?

If an individual transfers, gifts, or gives away assets to anyone (except a spouse or a disabled child) for the purpose of becoming eligible for LTC Medicaid

benefits, Medicaid imposes a penalty of one month of ineligibility for every $8,944 transferred. DCF states that the average cost of monthly long-term care in Florida is $8,944. DCF calculates penalties for impermissible gifts by dividing the amount of the gift by $8,944, thus determining the months of ineligibility. For example, a gift of $89,440 divided by $8,944 = 10 months of ineligibility.3

If a gift was given for a purpose other than to qualify for Medicaid, you may rebut the fact that the gift was given to become eligible for Medicaid benefits by providing documentation and/or an affidavit stating the facts. DCF will then determine whether it is a reasonable and acceptable explanation.

When does the period of ineligibility commence?

An important factor in determining the effect of an impermissible gift is the commencement date for the period of ineligibility. The penalty for an impermissible gift does not start running until the donor (the applicant) is otherwise eligible for LTC Medicaid benefits and has filed an application for benefits. Thus, the penalty period can start long after the gift was made and can even extend beyond the expiration of the look back period.

For example, if an applicant made a $178,880 gift on January 1, 2015, and then 36 months later in December 2017 applied for LTC Medicaid benefits, the applicant would still be within the five year look back period, and would be faced with a

20-month period of ineligibility beginning on the date they were otherwise eligible for Medicaid benefits, applied for benefits and the Medicaid penalty period was invoked by Medicaid. Otherwise the applicant is waiting a full five years from the date of the gift to apply for Medicaid benefits (in this example January 1, 2020) without being subject to the look back and penalty. The lesson here is to carefully analyze any past gifts.

If you have transferred/given away assets/property during the last five years, is there a way to fix it?

The effect of an impermissible gift can be mitigated by either returning the gift or proving that the gift was later disbursed for the benefit of the applicant. The applicant may be able to claim undue hardship and have the penalty forgiven.

Linda R. Chamberlain is a Board Certified Elder Law Attorney with Special Needs Law-yers, PA. Linda’s practice areas include elder law, long term care planning, estate plan-ning, special needs trust, and public benefits. Linda can be reached by email at [email protected].

1. 42 U.S.C. § 1396p(c).2. § 414.39 Fla. Stat. (2018).3. Fla. Admin. Code 65A-1.712(3)1.

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Brandon D. Bellew, President of the Clearwater Bar Association and a partner with Johnson, Pope, Bokor, Ruppel & Burns, LLP, has been appointed by Michelle R. Suskauer, President-Elect of The Florida Bar, to serve on the Florida Probate Rules Commit-tee beginning July 1. More than 1,600 lawyers applied to serve on committees this year for almost 1,000 vacancies. The Probate Rules Committee examines the rules that govern probate pro-ceedings in court and make recommendations for any changes.

Mr. Bellew practices exclusively in the areas of probate, trust, and guardianship litiga-tion. In addition to serving as the Clearwater Bar President, he also serves on the Ex-ecutive Council of The Florida Bar’s Real Property, Probate and Trust Law Section.

Kit Van Pelt, Associate Attorney with Linda Suzzanne Griffin, P.A. in Clearwater, FL, sat on a panel, “The Beginning of Your Leader-ship Journey”, presented to The Florida Bar’s Wm Reece Smith, Jr. Leadership Academy 2017-2018 class, held in Orlando, FL, on May 10, 2018. Mrs. Van Pelt, a fellow of the Leadership Academy, was also recently named as the President of the Clearwater Bar Foundation for the 2018-2019 year.

Good News of the Clearwater Bar Association!

Perenich, Caulfield, Avril & Noyes, P.A. of Clearwater, a member of the 100 Club of the Clearwater Bar Association, where every attorney is a member of the Clear-water Bar, encouraged third-graders to put down the remotes and controllers this summer and go outside and play or read- and gave those third-graders the means to do it. For the ninth year, the firm, through its Read & Play Project, gave each of the one hundred third-graders at Ponce De Leon Elementary School in Clearwater their very own book and playground ball to enjoy this summer. The attorneys also spoke to the students about safety in cars, on bikes, and during walking. “As a father myself, I know the importance of getting young kids away from the television and into the back yard to play,” said partner Matthew Noyes at the May 22 event. “It is important that kids are taught about safety to prevent

accidents over the sum-mer,” attorney Dane Heptner, President of the Clearwater Bar Young Lawyer’s Division, added. “To see the smiles on the kids’ faces when they chose their ball and book was priceless,” attorney Jacqlyn Bryant added.

Do you know a CBA member who got married, promoted, retired, or grew their fam-ily? Have you taken on a new leadership role or done something positive for the community? We want to hear about it! Please share your good news with us at [email protected].



Starting Service Early: An Alternative Spring BreakBy Julie Ann Embler and Nery Alonso

During the week of March 7, 2018, the Bay Area Legal Services Volunteer Lawyer Team hosted a group of six University of Florida law students who participated in an “Alternative Spring Break” by volunteering at Bay Area Legal Services during their week off of classes. The students were trained on and then participated with the Family Law Forms Clinic that operates in Hillsborough County and also helped with general office assistance. The average number of walk-in, pro se litigants that were assisted through the Family Forms Clinic during the week was triple recent weekly averages. With our 6th Circuit Office, the students also attended the Diversity Symposium of the Clearwater Bar Association where the group was able to meet Clearwater Bar leadership and membership, all of whom were impressed with the students’ commitment to service and professionalism. The students provided over 80 hours of pro bono service between the two offices. Bay Area Legal Services hopes the students continue their dedication to pro bono services as they continue advancing in our profession.



Law firms of two or more attorneys can show their support and pride in the Clearwater Bar Association by becoming a member of the 100% club.

It’s easy! Just email the CBA at [email protected].

Congratulations! 100% Club Member Firms

Kwall Barack Nadeau PLLC Larson & Larson, P.A.

Macfarlane Ferguson & McMullen McFarland, Gould, Lyons, Sullivan & Hogan, P.A.

McManus & McManus, P.A. O’Connor Law Firm

Peacock, Gaffney & Damianakis, P.A. Peebles & Gracy, P.A.

Perenich, Caulfield, Avril & Noyes, P.A. Persante Zuroweste

Reeser, Rodnite, Outten & Zdravko P.A. Staack , Simms & Reighard P.A.

Strohauer & Mannion, P.A. Tanney, Griffith & Bresler, P.A.

Law office of Tragos, Sartes & Tragos , PLLC

Awerbach & Cohn, P.A. Barrett & Barrett

Law office of Jonathan James Damonte, Chartered deVlaming & Rivellini, P.A. Robert C. Dickinson III, P.A

Law Office of Robert Eckard & Associates, P.A.. Dreyfus Harrison, P.A. John D. Fernandez, P.A. Freeborn & Freeborn

Law Offices of Richard D. Green Linda Suzzanne Griffin, P.A.

Haas & Castillo, P.A. Hook Law Group

Hitchcock Law Group Johnson Pope Bokor Ruppel & Burns LLP

Koch & Hoffman, P.A.

Law firms of two or more attorneys can show their support and pride in the Clearwater Bar

Association by becoming a member of the 100% club. It’s

easy! Just email the CBA at [email protected].

Congratulations! 100% Club Member Firms Awerbach & Cohn, P.A.

Barrett & Barrett Jonathan James Damonte, Chartered

deVlaming & Rivellini, P.A. Robert C. Dickinson III, P.A

Law Office of Robert Eckard & Associates, P.A.. Dreyfus Harrison, P.A.

John D. Fernandez, P.A. Law Offices of Richard D. Green

Linda Suzzanne Griffin, P.A. Haas & Castillo, P.A.

Hook Law Group Hitchcock Law Group

Johnson Pope Bokor Ruppel & Burns LLP Koch & Hoffman, P.A.

Kwall Barack Nadeau PLLC Larson & Larson, P.A.

Jim Dodson LawMacfarlane Ferguson & McMullen

McFarland, Gould, Lyons, Sullivan & Hogan, P.A. McManus & McManus, P.A.

Peacock, Gaffney & Damianakis, P.A. Peebles & Gracy, P.A.

Perenich, Caulfield, Avril & Noyes, P.A. Persante Zuroweste

Reeser, Rodnite, Outten & Zdravko, P.A. Staack, Simms & Reighard, P.A.

Strohauer & Mannion, P.A. Tanney, Griffith & Bresler, P.A.

Law office of Tragos, Sartes & Tragos , PLLC

Call 727-461-4869. See clearwaterbar.org for rate information.

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Clearwater Bar Association2018–2019 Officers and Directors Installed

Congratulations to the officers and directors of the Clearwater Bar Association pictured on page one. These individuals will guide the association over the next year. CBA members are encouraged to contact the leadership at any time with suggestions and ideas as well as with questions and concerns.

Past President Joshua Chilson introduces the Dunedin High School ROTC’s Presentation of Colors.

Past Presidents of the Clearwater Bar Association (L-R) Honorable Raymond Gross (’79) Wally Pope (’80), Gerald A. Figurski (’99), Elizabeth J. Daniels (’88), George E. Tragos (’95), Honorable William Castagna (’65), Stephen O. Cole (’96), Susan H. Churuti (’97), Honorable Morris Silberman (’93), Kim Kaszuba (’17), Andrew Sasso (’00), Joshua Chilson (’14), Dan Parri (’15), and Dave Ellis (’16).



Past President Kim Kaszuba honors CBA Director Hinda Carbon and staff members Dionte McClain and Silvia Martinez.

Honorable Jack Helinger is awarded the John U. Bird Judicial Excellence Award by Past Presidents Kim Kaszuba and Wally Pope.

YLD Past President Jason Lambert and Tanya Bell with the winners of the Great Debate.

2018-2019 President Brandon D. Bellew with wife Lauren and their children.

2018-2019 Director Kit Van Pelt awards a scholarship to Mackenzie Moreno



2018-2019 Board of Directors

Clearwater Bar Association2018–2019 Officers and Directors Installed

Kim Kaszuba presents Mike Ziegler with the President’s Award for Exceptional Service to the Public and Legal Profession.

Kim Kaszuba commends Jason Lambert for his hard work as President of the YLD for the 2017-2018 year.

Past President Dan Parri is presented the Oyster Roast Cup by Kim Kaszuba and Shelly Beach.

Immediate Past President Kim Kaszuba welcomes incoming President Brandon D. Bellew.



The new Board of Directors are sworn in.

Detective Shannon Kasparek of the Clearwater Police Department is awarded the Allen L. Moore Memorial Gold Badge Award.

A legacy of Presidency with the CBA: Brandon Bellew, Joshua Chilson, Elizabeth Daniels, and Wally Pope, all partners at Johnson, Pope, Bokor, Ruppel & Burns, LLP.

Past Presidents Kim Kaszuba, Andrew Sasso, and Wally Pope. Sargeant Taurean Mathis of the Tarpon Springs Police Department is awarded the Liberty Bell Award.



Sponsor Spotlight

Invested in Clearwater. Invested in you.

The Bank of Tampa

P I N E L L A S C O U N T Y



The Clearwater Bar Young Lawyers Division has concluded another year of service and success thanks to the wonderful work of our membership and sponsors. As we enter our summertime lull in activities, the CBA YLD wants to take a moment to again thank our incredible sponsors, who have supported us throughout the year by funding and speaking at our monthly meetings. Our sponsors included:

Murray & Associates Court Reporting

Records Rescue

Bank of Tampa

Sean Tobe of Brown & Brown Insurance

Scott Lake of R.S. Williams & Associates

Paz Mediation

Jeff Stolbom of Known Law

These were in addition to our law firm sponsors who continue to support the YLD by sponsoring the Judicial Reception and other events throughout the year. We could not have had a successful year without each of you, so thank you all for your continued support.

As we enter planning stages for the 2018-19 year, we also want to thank our outgoing board members for their commitment and service over the past year, including Immediate Past-President, Jason Lambert, Christie Sullivan, and Ellen Poole.

Finally, looking toward the future, the YLD will continue its tradition of promoting community service, professional camaraderie, and lifestyle enrichment amongst its membership. We will continue to host free monthly networking meetings

at various restaurants across Clearwater, and we will continue to plan and host such annual events as Afternoon at the Courthouse, Helping for the Holidays, Holidays in January, Great Debate, Judicial Reception, and Health and Wellness Month. Please keep your eye out for annual calendar in the next edition of Res Ipsa.

If you are interested in sponsoring one of the events or monthly meetings this year, please contact Dane Heptner at [email protected] to discuss. If you are a young lawyer or know a young lawyer looking to get involved, please feel free to invite them to our upcoming monthly meeting at Casa Tina in Downtown Dunedin on June 14, 2018, at 5:30 p.m.

Thanks again and congratulations on another successful year!

Young Lawyers DivisionBy Dane Heptener



The Clearwater Bar Foundation Fundraiser: What A Drag!Ashley N. Donnell

“Eat, Drink, and be…Mary!” is the catchphrase at Hamburger Mary’s, where the Clearwater Bar Foundation held a fundraiser on April 30 during the restaurant’s weekly event, Drag Queen Bingo. With approximately one hundred attendees, including Clearwater Bar members, their friends and family, and members of the judiciary, the event was an absolute success. For the competitive players, the stakes were heightened with

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encouragement to yell out “Bring it on!” when a player was close to getting the coveted B-I-N-G-O, and the amazing prizes didn’t hurt either! Laughs were a constant as the hostess, Stephanie Shippae, entertained the crowd with her raunchy and ridiculous humor while calling out the bingo numbers. The foundation raised over $1,000 to put towards our community projects, including our annual Student Legal Intern Program (SLIP) program, which begins again this

summer starting June 11. Thank you to all of our attendees,

and a special thanks to the Honorable Myriam Irizarry and husband Jerry, and the Honorable Judge James Pierce and wife Grazyna, for attending the event and supporting the Clearwater Bar Foundation. The Clearwater Bar Foundation would also like to thank our sponsors for this event, including Staack, Simms & Reighard, LLC, Koch & Hoffman, P.A., the Coleman Law Firm, and The Bank of Tampa, as well as Hamburger Mary’s for hosting our event.

Our Student Legal Intern Program could use your help! We are still looking for members who are interested in hosting an intern, sponsoring a student, or donating in support of our project. If you are interested in getting involved or sponsoring a student, please contact Executive Director Hinda Carbon at [email protected] or 727-461-4869.

Ashley Donnell is an Assistant County Attorney with the Pinellas County Attorney’s Office practicing primarily in civil litigation. Mrs. Donnell is a trustee of the Clearwater Bar Foundation.



Warm Welcome to New Members!

Attorney Members

Daniel Brown,Admitted to The Florida Bar 09/20/2017, Stetson University College of Law, 2639 McCormick Dr, Clearwater, FL 33759

Kevin F. Coleman, Admitted to The Florida Bar 09/26/2014, Florida State University College of Law, 3531 Alternate 19, Palm Harbor, FL 34683

Charis Campbell, Admitted to The Florida Bar 10/07/2013, Stetson University College of Law, 6251 Park Blvd N Ste 4, Pinellas Park, FL 33781

Meredith Gaunce, Admitted to The Florida Bar 04/14/2011, University of Georgia School of Law, 2719 1st Ave N, St. Petersburg, FL 33713

Christopher Hamblen, Admitted to The Florida Bar 01/16/2014, The Florida State University College of Law, 1471 S. Missouri Ave, Clearwater, FL 33756

Richard Nolan, Admitted to The Florida Bar 10/10/2014, Florida Coastal School of Law, 2300 West Bar Dr, Largo , FL 33770

David Platte, Admitted to The Florida Bar 10/23/1975,University of Florida, Fredric G. Levin College of Law, 1001 S. Fort Harrison Ave Ste 201,Clearwater, FL 33756

Nicolette F. Rea, Admitted to The Florida Bar 12/23/2017, West Virginia University College of Law, 106 S Tampania Ave, Tampa, Fl 33609

Luis Silva, Admitted to The Florida Bar 10/30/2017, West Virginia University College of Law, 600 Bypass Dr. Ste 100, Clearwater, FL 33764

Non-Attorney Collaborative Member

Dorothy Spriggs, Association Management Firm, 2821 Sherbrooke Ln, Apt A, Palm Harbor, FL 34684

Roses are RedViolets are BlueWith the Clearwater BarIt’s time to renew

If you renew this monthOn our new Web SiteWe will leave you aloneWe won’t call you at night

We won’t call you at workWe won’t call you at playWe won’t call you at CourtWe won’t call you each day

We won’t email your kidsWe won’t email your spouseWe won’t kidnap your dogWe won’t burglar your house

We won’t cry at your doorWe won’t hack your EmailWe won’t bother your clientsWe won’t send you to jail

So, renew right-awayOn our fancy web pageYou’ll engender our joyAnd avoid our cruel rage

For a meager costPer day, sixty-eight centsYou’ll get invitedTo all our events

Events that astoundNow we really must boastEvents like our LuncheonsAnd our cool Oyster Roast

In all of the StateEvery lawyer agreesWe have the best membersThe best CLEs

Roses are RedViolets are BlueWith the Clearwater BarIt’s time to renew



ABA Formal Opinion 481 States That Lawyers Have An Obligation To Inform Current Clients Of Material ErrorsBy Joseph A. Corsmeier

American Bar Association (ABA) Formal Opinion 481 was recently published and addresses a lawyer’s obligation to promptly inform a current client if the lawyer believes that he or she has made a material error.

The opinion states that ABA Model Rules of Professional Conduct Rule 1.4 governs a lawyer’s duty of communication and requires lawyers to promptly inform clients of any decision or circumstance for which a client’s informed consent is needed, reasonably consult with the client about the means of achieving the client’s goals during representation, and keep the client reasonably informed about the progress of the case.

The opinion further observes that errors exist along a continuum, ranging from serious errors such missing a statute of limitations, which may significantly affect the client’s legal rights, to minor typographical errors or missing a deadline that causes delay but does not cause any prejudice.

In addition, errors that could support “a colorable legal malpractice claim” must be communicated; however, these are not the only errors that must be revealed,

since a lawyer’s error can “impair a client’s representation even if the client will never be able to prove all the elements of malpractice.”

According to the opinion, the obligation to disclose an error to current clients is determined by the materiality of the error. The opinion states that an error is material if “a disinterested lawyer would conclude that it is (a) reasonably likely to harm or prejudice a client; or (b) of such a nature that it would reasonably cause a client to consider terminating the representation even in the absence of harm or prejudice” and if there has been such a material error, the attorney must inform the client promptly. Whether an attorney would be able correct the error before telling the client would depend upon the individual facts.

The opinion further states that there is no duty to inform former clients of a material error since “(n)owhere does Model Rule 1.4 impose on lawyers a duty to communicate with former clients (and)…(h)ad the drafters of the Model Rule intended Rule 1.4 to apply to former clients, they presumably would have referred to former clients in the language of the rule or

in the comments to the rule.”Bottom line: This ABA formal opinion

may be the first to address a lawyer’s affirmative obligation to advise a current client when he or she has made a material error, which the opinion states is one which is “(a) reasonably likely to harm or prejudice a client; or (b) of such a nature that it would reasonably cause a client to consider terminating the representation even in the absence of harm or prejudice.”

Be careful out there.

Joseph A. Corsmeier is a Martindale-Hubbell “AV” rated attorney who practices in Clearwater, Florida. His practice consists primarily of the defense of attorneys and licensed professionals in disciplinary and admission matters, expert analysis and opinion and court testimony on ethics and liability issue, and estate planning. Mr. Corsmeier is available to provide attorney ethics and professionalism advice, provide expert opinions on ethics and malpractice issues, assist attorneys to ensure compliance with The Florida Bar Rules, and defend applicants before The Florida Board of Bar Examiners.

MediationCertifications

n Certified Circuit Civil Mediator n Board Certified Civil Trial Lawyer n Board Certified Business Litigation n Member Million Dollar Advocates Forumn Best Lawyers in America n Florida Trend - Legal Elite n AV Rated

Experience34 years civil trial practice in most areas of Civil Litigation, including:

n Commercial n Businessn Construction

[email protected] n (727) 461-1818clearwater n st. petersburg n tampa n www.jpfirm.com

Locations with Multiple Conference Rooms Ideal for Mediation

Charles A. Buford, Esq.

n Professional Liabilityn Personal Injuryn Premises Liability

n Real Estaten Consumer Products Liabilityn Auto Negligence

n Insurance Defensen Malpracticen Insurance

n Probaten Employmentn Foreclosure



Florida Association for Women Lawyers Pinellas County

Now is a fantastic time to join the Florida Association for Women Lawyers (PFAWL), a professional network of lawyers that focuses on promoting the advancement of women in the legal profession and furthering the common interests of our members! Join now and you will enjoy the benefits of membership through June 30, 2019.

On May 1 PFAWL hosted a successful Fourth Annual Membership Drive at Nouvelle Beauty Bar in downtown St. Petersburg with a record turnout of over 60 attorneys and law students. In honor of The Florida Bar Young Lawyers Health and Wellness month, members and guests enjoyed an evening of pampering and networking. Thank you to our sponsors: Platinum – Eric Williams, CFP ChFC CLU of BB&T and US Legal; Gold – Law Office of Linda Ramirez P.A.; Hamilton Law; Immigration Law Group of Florida, P.A.; Moyer Law Group! And thank you

to everyone who donated for our Health and Wellness Raffle! On May 22, PFAWL hosted an open bar event at Big Storm Brewing. The event fostered collaboration between leadership of other voluntary bar associations discussing important and relevant topics. Thank you to everyone who participated!

Now for some member news - President-Elect, Kristina Feher of Feher Law in St. Petersburg, Florida, spoke on a panel, titled “Intersection of Bankruptcy Court and State Court” at the 42nd Annual Alexander L. Paskay Memorial Bankruptcy Seminar. She spoke on how divorce intersects with bankruptcy and what bankruptcy attorneys need to know. Congratulations Kristina! PFAWL Past Social Programs Director, Erica Pless, recently co-authored the 13th Edition of Stand Up to the IRS. Amazing work, Erica! Linda Ramirez recently opened her own firm in Downtown St.

Pete! Good luck Linda! Congratulations to members Ama Appiah and Christina Z. Pacheco for receiving FAWL “Leaders in the Law” Awards! Congratulations to Stetson University College of Law for receiving the FAWL Outstanding Student Chapter of the Year Award!

Check out PFAWL’s new & updated website at www.pfawl.org launching soon!

Upcoming Events:Mark your calendar for the PFAWL

Board Installation on July 10, 2018, at the Clearwater Yacht Club beginning at 6:00 p.m. Come check out what PFAWL is all about! We hope to see you there! Don’t miss our great events – Join Now! If you would like to join PFAWL or renew your membership, please visit www.fawl.org/. For membership inquiries, please contact us at [email protected].



SELLATTORNEYS, DID YOU KNOW?

EXAMPLE:

Your client can actually

all or part of their life insurance policy.A Life Settlement Transaction...

...is the sale of an existing life insurance policy that gives the owner a cash settlement in excess of the cash surrender value.

Mr. Smith (age 78) owns a $400,000 universal life policy on his life which he no longer wants, needs or can afford. Premiums are $12,000 per year. Cash surrender value is $3,000 (this is the amount the insurance carrier would give Mr. Smith if he was to surrender the policy). Rather than surrendering the policy Mr. Smith choose the LIFE SETTLEMENT TRANSACTION option.

POLICY SOLD FOR $65,000

This example is for illustration only and is meant to educate about a life settlement option.

BOYD CRISLERL i fe Set t lement Broker(727) [email protected]



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CLASSIFIED RATES: Non-CBA Members $75 – 50 words or less, CBA Members $30 – 50 words or less, $1 per additional word. Ads must be pre-paid. For advertising information, contact:

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THE PREFERRED CHOICEFor more than a decade, LawPay has been the go-to solution for the legal industry. Our simple online payment solution helps lawyers get paid faster. LawPay lets you attach a secure payment link to your email, website, or invoices so that clients can pay with just a click. Our solution was developed specifically for law firms, so earned and unearned fees are properly separated and your IOLTA is always protected from any third-party debiting. Simply put, no online payment processor has more experience helping lawyers than LawPay.

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August 2020

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500.00$Your Law Firm1234 Main StreetAnytown, TX [email protected]

YOUR LOGO

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Contact our legal payment experts at877-355-3959 or visit lawpay.com/clwbar

Bar-ApprovedMember Benefit

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IOLTA COMPLIANT

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DATE GROUP AND EVENT TIME AND PLACE REGISTRATION

06-08 Bankruptcy Law Section Meeting 7:30am, Perkins Restaurant RSVP clearwaterbar.org

06-14 YLD Monthly Meeting 5:30 pm, Casa Tina RSVP clearwaterbar.org

06-21 Civil Practice CLE 12:00 PM, Grillsmith RSVP clearwaterbar.org

06-26 Morning Breakfast Networking 8:00am, Belleair Coffee Company RSVP clearwaterbar.org

07-04 CBA Office Closed for 4th of July CBA Office Closed RSVP clearwaterbar.org

07-13 Bankruptcy Law Section Meeting 7:30am, Perkins Restaurant RSVP clearwaterbar.org

07-20 Judicial Candidates Forum 11:30 am, SPC EpiCenter RSVP clearwaterbar.org

07-24 Morning Breakfast Networking 8:00am, Belleair Coffee Company RSVP clearwaterbar.org

Like us on FaceBook and view event photos.

Follow us on LinkedIn and Twitter for up-to-date information.

800 Drew StreetClearwater, Florida 33755

Presorted StandardUS Postage

PAIDSt. Petersburg, FLPermit No. 4028

Change Service Requested

Consult CBA’s web calendar for event updates at clearwaterbar.org. Click on date for details.

Events CalendarJUNE 2018

JULY 2018

june/july 2018 2018-2019 board of directors · women lawyers, pinellas county 22 classified...

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