“Bad Dog” Is a Sign of the Times the Ethical by J

SARASOTA COUNTY BAR ASSOCIATION NOVEMBER 2017 VOL. 34, NO. 10

PERSONAL LIABILITY ETHICS “Bad Dog” is a sign of the times The ethical By J. ALLISON ARCHBOLD, Esq. ries (such as dogs knocking down Archbold Law Firm, P.A. children, cyclists and the elderly) profession accounted for more than one-third ome decorating magazines main- of all homeowners insurance liability By ANTHONY G. MOWRY, Esq. tain that subway tiles, jewel claim dollars paid out in 2016. Flor- Mowry Law Office Htones and matte-finish appliances ida had the second-highest number are trending in 2017, but what of claims — 1,325. In 2016, the ccording to a December 2016 should be the hottest trend is “Bad average cost per dog-related claim in Gallup poll, only 18 percent of Dog” and “Beware of Dog” signs. the United States was $33,230. Athe public has a high or very They are a “must have” for every J. Allison In Florida, a “Bad Dog” sign can high opinion of the honesty and dog owner in Florida. Archbold, Esq. be a dog owner’s “get out of jail free ethical standards of lawyers, ranking According to the Insurance Infor- Archbold Law card” in the event of a dog bite at the our profession well near the bottom mation Institute, about 4.5 million Firm, P.A. dog owner’s home. Section 767.04, of a group of professions. Or, to put people are bitten by dogs each year. Florida Statutes, provides that “the it another way, two partners from Dog bites and dog-related inju- See SIGN, Page 16 a small law firm were having lunch when suddenly one of them looked alarmed. He announced, “I have to SCBA ANNUAL AWARDS go back to the office right away! I forgot to lock the safe!” “What are you worried about?” asked the other. “We’re both here.” I believe that our profession is an honorable one and that the vast majority of attorneys are among the most ethical and honest people in the community. When we do our jobs ethically and responsibly, we don’t really get noticed. When lawyers behave dishonestly and/ or unprofessionally — such as the recent cases in South County — our profession gets lots of publicity. I’m obviously not the first to observe this. It is difficult to change public perception. I believe part of the reason lawyers are disliked is baked into the nature of the job. Often, Front row (left to right): Stacy Dillard-Spahn, Jan Jung, Judge Lee Haworth. Standing (left to right): our duties require us to tell our Drew Clayton, Keith DuBose, Erin Christy, Chip Gaylor, Professor Jane Moretz-Edmisten, Cyndi clients things they don’t want to Riddell, Stefan Bunecky, Roxie Jerde. hear. And then we bill them for it. Sometimes we have to talk them out of potentially disastrous courses of Bar Award recipients recognized action. If we manage to do that, the client may still believe that he or she By CYNTHIA RIDDELL, Esq., Jan Jung was ilege of helping recognize the men was correct and that we, the lawyers, Chair, SCBA Annual Awards cited for her and women of our Bar Association are preventing the client from doing Committee and community who had set them- what they want. Or, as a t-shirt my unwavering selves apart for their work and wife gave me says: “Lawyers: solving he 2017 Installation Dinner support of the achievement. This year’s event was problems you didn’t know you had and Awards presentation was again held at the Sarasota Yacht in ways you don’t understand.” I Tan enjoyable night filled with legal profession Club, overlooking beautiful Sarasota would add: then billing you for it. honored guests, great speeches, and Bay. So, as a legal community, many deserving award recipients. This year Stefan Bunecky, Esq., what can we do about the poor On October 11, the SCBA Awards had the privilege of presenting this performance of our profession in Committee members had the priv- See AWARDS, Page 17 See ETHICAL, Page 3 Experience. Trust. Personal Attention. 30% Referral Fees* and the Very Best Legal Representation for Your Clients

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Sarasota, Florida 34236 • 941.444.9601 • dandannheisser.com SCBA NEWS Thinking about things in the wake of Hurricane Irma s I sit here in my office on a ship meeting in the near future to to connecting with you in the New cloudy Saturday afternoon SCBA discuss how to use technology to get Year and letting you know how Awriting this column for the PRESIDENT’S ready for a disaster, be it a hurricane, everything worked out! I will still November Docket, I am not sure tornado, fire, flood, etc. I cannot be available by email, chip.gaylor@ I am over the effects of Hurricane COLUMN imagine practicing law in Puerto mgswlaw.com Irma. While most of us were lucky Rico right now with possible power with the greatest inconvenience being outages for months. Also, how do loss of power and the internet for a you keep and pay staff? Our meeting few days, I am still a little mentally will also cover business interruption Young Lawyers Division frazzled because of the constant insurance. Lawyers have enough to host annual Holiday Party news cycle of a potential Category stress, so do yourself a favor and 5 hurricane hitting our area. Most devote some thinking to this topic. SCBA members, judges and guests people I spoke with agreed with this Speaking of stress, I had the are invited to join us for fun, food minor PTSD diagnosis. However, pleasure of joining our Wellness and holiday cheer on Thursday, always looking for a silver lining, I committee in yoga at the Euclid December 14, 5:30 to 7:30 p.m. at the have been motivated at home and W.E. Chip YMCA last Wednesday. Every other Blue Rooster. Hors d’oeurves will be the office to make sure I am ready Gaylor, Esq. week through December will be a provided, and for the next potential disaster. In the Muirhead, new exercise you can take part at the there will be last two weeks, I reviewed and read- Gaylor, Euclid YMCA. See enclosed flyer for a cash bar. To ied for shredding 60 banker boxes of Steves & the complete list of classes. Again, gain admit- old files. When we closed a matter, Waskom, I thank Allison Archbold and her tance to the we made sure all documents were P.A. committee for putting this together. party, simply scanned, but moved the paper files to As a reminder, we do not publish bring an our attic. Being an “old dog,” it was a newsletter in December, so this is unwrapped difficult at first to see the old paper my last opportunity to wish each gift to go, but now when I see how neat of you a joyous holiday season. I donate to and orderly all areas of the office am headed to the island of Bonaire Children First. Check this month’s have become, it feels like a weight December 2, returning on January 6. Docket flyer for more information. has been lifted. I am now committed Yes, I am taking off for five weeks. Many thanks to Farr Law Firm and to trying to be as paperless as possi- Too many people are dying at an SunTrust Bank for sponsoring the ble! early age, so I am trying to do a event. In light of our recent storms, we better job of balancing work and will be holding a general member- the true joys of life. I look forward

the kindness of my fellow attorneys events on a nearly monthly basis ETHICAL and bar members to resolve issues that are a good mix of social events, Continued from Page 1 for my clients. I was able to do so professional events, and service public opinion polls? On a micro because of my involvement in the events. level, we can do everything we can SCBA and the legal community, and Finally, there’s an article in to take care of the clients affected by the kindness of the local seasoned Florida Bar News detailing how misconduct of local attorneys. I have attorneys. Having mentors and lawyer well-being falls short. I taken several of Mr. Miller’s former collegiality won’t eliminate all ethical encourage members to read the clients and they are understandably violations, but having a supporting article and, as a community, focus on fed up with lawyers and are wary legal community will help avoid or Anthony G. our profession’s physical and mental of trusting us. It will take time minimize mistakes. Mowry, Esq. health. Take advantage of the Health and patience for them to trust our Mowry Law & Wellness programs developed by profession again. The only way to do oung attorneys should make Office the SCBA. Take advantage of the so will be to represent them with the every attempt to become part of confidential help available through integrity they deserve and hope that, Ythe legal community. Experienced Florida Lawyer’s Assistance. over time, their trust can be earned. lawyers should mentor younger It is incumbent upon all attorneys On a larger level, we must lawyers and encourage them to to uphold the highest ethical maintain and foster the collegial seek assistance when needed. All standards and, I believe, by and large legal community here in Sarasota attorneys should look out for we do that. By helping each other, County. I have worked at the one another, be supportive, and getting involved, and looking out for federal courts, the military, and a help out our colleagues if they are our own well-being, we can continue small practice with my family here struggling. I believe it includes to serve our clients honestly and in Venice. I am grateful and lucky encouraging those people who are ethically. And yes, that sometimes for having mentors and supportive not particularly active in the bar means telling them what they don’t colleagues in all stages of my legal association to get active and be part want to hear. And then billing them life — some attorneys aren’t that of the professional community. In for it. lucky. Nevertheless, I have relied on South County we have some great

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Circuit Court Mediator 677 N. Washington Blvd. · Sarasota, Florida 34236 · 941.329.1199 office · 941.957.3630 fax Michele S. Stephan, Esq. · [email protected] YOUNG LAWYERS DIVISION Hey! You’re talking about my generation hile I was at FSU College of According to the Pew Research to include a pay raise of about 15 Law, the front of our class YLD Center, a non-partisan fact tank percent), is trumping the stereotype Wshirt read, “Heard any good PRESIDENT’S based in Washington, D.C., 63.4 that we lack the attention to stay lawyer jokes lately?” — the back, percent of Millennials in 2016 committed. “Next time you’re in trouble, call a COLUMN were employed by their current As for laziness, CEB, a consulting clown.” Just as lawyers often get a employer for one year or more. This firm that polls 90,000 American bad rap, so do Millennials. outpaces the generation before us, employees each quarter, finds that In case you’ve been living under Generation X, in the year 2000, among those polled, 59 percent a rock, the Millennial generation is when 59.9 percent were employed of Millennials say competition is composed of those born from the by their employer for one year what gets them up in the morning, early 1980s to the early 1990s and or more. Twenty-two percent of compared with only 50 percent of the common perception is we’re Millennials in 2016 were employed baby boomers. Some 58 percent lazy and entitled, crave instant by their current employer for five of Millennials say they compare gratification, and cannot commit years or more, which kept pace their performance with their peers’, to a job. No one is shy to tell us with Generation X in 2000 at as against 48 percent for other their opinions on the matter, either. Erin H. 21.8 percent. Among those with generations and work the harder for I hear it at networking events, at Christy, Esq. college degrees, Millennials were it — wanting to be seen as “work meetings, and from the media. Williams, found to have a longer track record martyrs” (The Economist). Suddenly, the commentator realizes Parker, with their employers than those According to a survey by Project: I’m standing there and usually there’s Harrison, of Generation X. While it is true Time Off and GfK, Millennials are some exception made, “Not you, of Dietz & that most of the United States is more likely to forfeit unused vaca- course. Present company excluded.” Getzen, P.A staying put longer, possibly due tion days than other groups — 24 I have an announcement to make. to uncertainty of the job market, percent of Millennials, 19 percent Not only is it NOT ME, but it’s Millennials are not an exception. of Generation X, and 17 percent NOT US — research is debunking Loyalty, at our bank accounts’ of baby boomers forfeited time off these stereotypes. expense (as job-hopping tends See MILLENNIALS, Page 9

YLD AFFILIATE OUTREACH CONFERENCE YLD Affiliate Outreach Conference set for January By JESSE BUTLER, Esq. offer, so we are hosting our Friday 29. Applications received by 11:59 Dickinson & Gibbons, P.A. night Gala at the Museum of Fine p.m. on Friday, December 8, may Arts and are teaming up with a few receive additional points during the he Vinoy Resort and Golf Club local breweries to add some flavor to scoring process. Additional points in Downtown St. Petersburg is things.” will be given for video submissions Tthe destination for the Florida The conference is open to all to be shown during the conference Bar Young Lawyers Division’s next young lawyer affiliates in Florida presentations. Affiliate Outreach Conference, and designated Law Student Division Applicants must then make set for January 12 and 13. Two representatives. five-minute presentations on their members of each local affiliate Jesse Butler, The YLD plans to award more proposed projects at the conference, are each eligible to receive a $400 Esq. than $50,000 to local young where the judges panel will ask reimbursement for attendance at the Dickinson & lawyer organizations in its annual questions and award funding. conference. Gibbons, P.A. competition for project grant “It’s always a treat to watch all “It’s an opportunity for young funding. Typical awards range the proposal presentations each leaders across the state to come between $500 and $1,500, though year. There are usually a couple together, network, learn from one projects have received as much as of side-splitters and always a few other, and have some fun along the $5,000 in the past. tear-jerkers in the bunch,” Silvestri way” said Alex Palermo, co-chair “The competition challenges noted. “The most impressive thing is of the event. “There are also local young lawyers to design really that there are so many young opportunities for local bar affiliates projects to benefit their members or attorneys who are passionate about to apply for grant money to start up their communities and pitch their helping their communities and fellow or continue charitable projects in proposals to a panel of judges in a lawyers.” their local communities.” short but informative presentation,” The YLD also plans to present “As someone who practices in St. Palermo said. annual affiliate awards, including the Pete, I am excited to show people Affiliates are required to submit Outstanding Young Lawyer Affiliate across the state everything our home proposals to Local bar Affiliates to a local division for excellence in has to offer,” added co-chair Paul Chair Jason Lambert via email to public service, member service, and Silvestri. “We want to incorporate a [email protected] by creative use of resources. Awards lot of the great culture St. Pete has to 11:59 p.m. on Friday, December See AFFILIATES, Page 11

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Schedule Mediations and Arbitrations Online at DonnaTisch.com 239.826.3644 FLORIDA BAR NEWS Florida Bar’s Diversity and Inclusion initiatives By CHRISTINA E. UNKEL, Esq. nating Commission appointment for be responsible for overseeing Maglio Christopher & Toale, PA judgeships. The Special Task Force implementation efforts of the delivered its report in May 2014, Special Committee’s preliminary he Florida Bar is gearing up where the report can be found here. recommendations. for another Bar year under the Most recently, the Florida Bar The D&I Committee’s initiatives, Thelm and direction of President appointed a Special Committee on coupled with the state and federal Michael Higer, but this year will be Gender Bias to study gender and courts, are rapidly leading the nation unlike others for the Diversity and diversity issues to make concrete in mindset and action. The state and Inclusion Committee. In a divisive recommendations to tackle this issue, federal courts are establishing lacta- atmosphere and politically charged Christina E. which is still prevalent in 2017. tion rooms in courthouses across culture, the Florida Board of Gover- Unkel, Esq. The results in the 2015 Florida the state, providing a clean, private nors and the D&I Committee have Maglio Chris- Bar’s Young Lawyers Division room for litigants, jurors, courthouse recommitted and renewed their topher & Survey on Women in the Legal staff, lawyers and judges to use so efforts to tackle these issues and Toale, PA Profession brought to light the they do not have to use public areas. effect a growth-mindset in the legal gender equality issues still occurring Overall it is apparent through words profession. in our legal profession, and the and actions that The Florida Bar is The Florida Bar recently created Special Committee’s broader survey fully committed to the enhancement the new D&I Committee, following on gender equality in the legal of diversity within the Bar, the legal recommendations from the Program profession revealed that one out profession, and legal education, Evaluation Committee. The Board of every seven female respondents and in the justice system, by going of Governors adopted a definition of indicated experiencing harassment beyond the concept of tolerance and diversity, transferred functions of the or bullying within the last three instead engaging, educating and Member Outreach Committee to the years due to gender. In May 2017, cultivating a diverse and inclusive new D&I Committee, and created a the Special Committee published environment with equal access and Florida Bar diversity grant program its report and recommendations, equal opportunity for all. for local bars. Further, under past including a 12-point plan to be Christina E. Unkel is an president Eugene Pettis, The Florida implemented by the Florida Bar to appointed member to The Florida Bar appointed a Special Task Force address gender bias. This included Bar’s Diversity & Inclusion Commit- to determine why diverse candidates the need to create a subcommittee tee and Special Committee on were not applying for Judicial Nomi- on gender equality that will Gender Bias.

FLORIDA ASSOCIATION FOR WOMEN LAWYERS Leveling the playing field — with Sarasota FAWL By JULIE S. LUHRSEN, Esq. and be spared some of the fear the profession. Keynote, Lisa Krouse, Luhrsen Goldberg, LLC associated with appearing in court, Esq., FCCI Executive VP, Chief and we provided “rape kits” to Human Resources Officer and FCCI ince its inception over 30 years the Sarasota Police Department. Board member found that the golf ago, the Sarasota chapter of the Some of our most significant CLE reminded and reinforced lessons SFlorida Association for Women events have shone a light on issues she uses in the boardroom: “You Lawyers (FAWL) has worked of local concern, including human must keep your focus on the ball. to promote gender equality and trafficking and the prescription By practicing, making corrections enhance leadership roles for our drug epidemic. And we’re pleased along the way, being open to members in the profession, on the Julie S. to promote by putting members coaching and being persistent, you bench and in our community. Each Luhrsen, Esq. with notable accomplishments can tackle your toughest challenges.” year, we’ve identified a local need or Luhrsen Gold- forth for broader recognition and Joining her at the November 9 organization to throw our support berg, LLC have proudly watched as members lunch program at the Sarasota Yacht behind; offered CLE and other such as, Michele S. Stephan, Esq., Club will be Christina Unkel, Esq., programs on a variety of topics — 2017 recipient of The Florida Bar of Maglio, Christopher and Toale. some of everyday importance, others Pro Bono Service Award, receive Unkel is a member of The Florida focused on issues of current concern, statewide recognition for their work. Bar Committee on Diversity and and worked to provide networking, With diversity and inclusion Inclusion and a professional soccer mentoring and other supportive drawing increasing attention and referee. She will provide updates on opportunities for our membership. focus in the legal community, women and the law in Florida. Among our many contributions, Sarasota FAWL’s next program, Plans underway for the rest of the we proudly helped with the creation Leveling the Playing Field — Strong 2017–2018 year include offerings of a child-friendly room at the Women in Law and Sports, will designed to enliven and invigorate Sarasota County Judicial Center speak to how sports can propel, the benefits of Sarasota FAWL from which children can testify enhance, and integrate women into See FAWL, Page 16

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SARASOTA | PUNTA GORDA | BRADENTON | TALLAHASSEE ARTS & ENTERTAINMENT Five of the best songs about the law By ADAM B. PORTNOW, Esq. song has anxiety about the perils “Sue Me, Sue You Blues” – George Law Office of Adam B. Portnow, of dying in committee hearings and Harrison. It’s affidavit swearing time/ P.L. all the waiting while going through Sign it on the dotted line/Hold your the lengthy congressional process. Bible in your hand/Now all that’s lthough I can’t play any instru- This Schoolhouse Rock segment has left is to/Find yourself a new band. ments besides air guitar and permeated American pop culture. Harrison wrote this song in 1971 or Aair drums, I love music and am This is the kind of stuff that gets sent ’72 after Paul McCartney sued his always interested in talking about it. out into space by NASA to try to former bandmates to dissolve the The list I have compiled below are contact extraterrestrials. band’s business entity, Apple Corps. all songs about the law or lawyers Adam B. It’s a simple song about the stress specifically. Some are deep tracks, Portnow, Esq. “I Fought the Law and the Law litigants go through and how deal- some were among the top hits of Law Office Won” – The Clash. This was orig- ing with a lawsuit is generally not their day, all are great, at least in of Adam B. inally by The Crickets, famously groovy. But at least this song is. my opinion. I’ve listed them here in Portnow, P.L. performed by The Bobby Fuller Four, alphabetical order rather than as a but the Clash version is my favor- Honorable Mentions: “Breaking “top five.” ite. Breakin’ rocks in the hot sun/I the Law” by Judas Priest. “Lawyers, fought the law and the law won. Guns, and Money,” Warren Zevon. “A Legal Matter” – The Who. It’s Probably the second-most recogniz- “Philadelphia Lawyer” by Woodie a legal matter, baby/A legal matter able song on this list, this is a fun Guthrie. from now on. From the B-side of pop/rock tune with a memorable So many now-famous songs have The Who’s debut album, “A Legal bridge and catchy chorus. The song’s been written about civil rights, equal Matter” is a song about divorce. theme is simple: he broke the law, rights, anti-war ballads, and protest Featuring Pete Townshend on lead lost his girl, now he’s breaking bricks songs; From Nina Simone’s “Missis- vocals and sung from the husband’s in the hot sun. sippi Goddam” in 1964 and Billie point of view. He decides the Holliday’s “Strange Fruit” in 1965 marriage is irretrievably broken, “My Attorney Bernie” – Dave to Body Count’s “Black Hoodie” because like most stereotypical rock Frishberg. Bernie tells me what to and “No Lives Matter” in 2017, gods, he goes through women fast do/ Bernie always lays it on the line/ music reminds us that the fight for and can’t keep just one. There are Bernie says we sue, we sue/Bernie equal rights is still unfortunately plenty of other good songs about says we sign, we sign. A fun and far from over. This article does not breakups and divorce, but this one is funny song about attorney Bernie, address those important songs, but by The Who, so it wins. who may win some and lose some, maybe I’ll revisit that topic in the but has at least one appreciative future. “I’m Just a Bill” – Schoolhouse client. This is apparently a “jazz I encourage the members of the Rock. I’m just a bill/Yes I’m only a standard” but I never heard of it bar to check these songs out and bill/ and I’m sitting here on Capitol until doing a little research for this let me know what you think. If you Hill. We’ve all heard this song (I article. Nevertheless it’s the only have a favorite that I don’t mention hope). The cartoon associated with song I know that at least on the here, please let me know, and keep in the song is great. Everyone knows surface paints a lawyer in a positive mind this is by no means a definitive it. It’s a fun and simplified educa- light. Maybe someone reading this list. Enjoy. tional song about the process of a article will discover the song and like bill becoming a law. The bill in the it too.

MILLENNIALS boomers; they were just younger. I am proud to outcomes set for us. And, if you need any more proof stand beside We are nothing, if not driven, Continued from Page 5 that Millennials are intelligent, and I am proud to stand beside the that they had earned. Millennials hardworking, driven, and grateful, the Millennials Millennials who make up the SCBA are more likely to see themselves, you need look no further than your who make up the YLD. One day we’ll tell stories to proudly, as “work martyrs” and own SCBA YLD. At our recently the next generation of how many feel guilty for taking time off, or held YLD Kick-Off Luncheon, SCBA YLD hours we managed to work, all think taking time off will mean we had over 40 young lawyers while having the inconvenience of their employer may find someone volunteer to better our profession actually having to drive ourselves to replace them (Harvard Business by contributing to more than a to the office (the future equivalent Review). dozen committees, providing pro to “uphill both ways in the snow”). This is just the tip of the iceberg, bono services, educating school-aged In the meantime, we’ll be fighting but overwhelmingly studies are children about the importance of the stereotypes and debunking the showing that the perception of law, and creating CLEs to help us all myths. We can handle the work, we Millennials is driven only by a differ- further our businesses. All this on want to be here, and we’re proud ence in age. Millennials aren’t differ- top of a billable hour requirement to be learning from some of the ent; they’re just younger. Generation we’re anxious to hit (and exceed) best in the profession through our X wasn’t different from the baby in order to meet those measurable involvement in the SCBA.

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www.sarasotalitigator.com SOUTH COUNTY DIVISION Holiday party is a chance to thank court staff hile September was a slow is on Friday, November 3, so if you These stuffed animals are given start for our South County SOUTH COUNTY read this prior to the 3rd and still to children by law enforcement WDivision, October was packed PRESIDENT’S haven’t signed up, then I encourage at stressful situations, so please with activity. you to attend this wonderful event. consider bringing a stuffed animal or Thank you to everyone who came COLUMN It’s a simple formula of a fun venue two for the event. out for our Kickoff Dinner at the combined with good food, good Venetian Golf and River Club. A drinks, and good company, but it inally, being November, let’s good time was had by all. I’d like to works like a charm. Come on out pause and consider the many extend a special thanks to our speak- and enjoy a relaxed evening with Fblessings in our lives. In the ers. Judge Bonner provided us with friends and colleagues. hustle and bustle of life and work, insight into South County’s expand- We also have our Holiday Party it’s easy to take things for granted. ing Circuit Civil Division, while at the Courthouse on December It doesn’t help that as humans we Beth Waskom and Charles Hines 8. Every year the lawyers of South are programmed to feel the pain of presented us with an ever-important County donate funds to put on a losing far more intensely than the joy Courthouse update. We have long Dan party for the staff at the Courthouse. of winning. Gratitude takes work, understood the need for a new secure Policastro, We are grateful to everyone at the and complacency becomes the norm Courthouse facility in South County, Esq. Courthouse who helps keep things if we aren’t careful. and it’s great to see progress toward The Law running smoothly, and this party is So let’s take a moment to reflect that goal. Office of Dan a small token of our thanks. We also on how fortunate we are for the I’d also like to thank everyone Policastro, appreciate your donations to fund many privileges we enjoy. Everything who came out to our Make a Differ- P.L. the lunch, so please contribute, and from living in America to choosing ence Day service project. Events like we look forward to seeing you at the difficult, yet rewarding, path of Make a Difference Day are a small the party on December 8. We will solving legal problems for a living. reminder of our higher purpose as also be collecting stuffed animals at There is much to consider as we professionals and people, and align the door for local law enforcement. assume an attitude of Thanksgiving. with the core value of our organization. Besides, nothing takes your mind off the rigors of practicing law like manual labor. Thanks again to South County Holiday Party at the Courthouse those who participated. t’s a tradition to thank the personnel who serve our South County legal Finally, our young lawyers social community at our Holiday Party at the Courthouse. Invite your staff, and join was a great success. There was talk Ius at the R.L. Anderson Building, Courtroom J, on Friday, December 8, from of avocado toast, student loans, 11:45 a.m. to 1:30 p.m. Enjoy a delicious lunch, while acknowledging your and whatever else Millennials are appreciation to court, clerk, and secu- supposed to talk about. I suspect rity employees who are always available that even a friendship or two was to help facilitate your legal matters. forged in the process. Ultimately, Reservations are a must, and can be that is what this event is about. made by emailing scba@sarasotabar. Thank you to everyone that came com. out. There is no charge to attend. The We also have a couple of upcom- party is underwritten by lawyers and ing events to share. First, it may not firms. We thank them for their very be too late to sign up for our Train generous support. Station Social. This year the Social

AFFILIATES discussion with local affiliate Two members or member benefit, and take that executives and YLD President Zack of each local knowledge back to their hometown Continued from Page 5 Zuroweste. to incorporate it in their own local will also be presented to affiliates The conference is also set to affiliate are bar. It really is an amazing group to who produced the most outstanding include a Saturday morning 5k along each eligible to learn from and network with.” public service and member service St. Pete’s beautiful Beach Drive and Reservations at The Vinoy Resort projects during the preceding Vinoy Park and a social event for receive a $400 and Golf Club should be made by year. Letters of nomination must Saturday afternoon. reimbursement Friday, December 29. Conference be emailed to YLD Awards Chair “The theme with all things YLD attendees must also register by Annika Ashton at aashton@broward. is to ‘come early and stay late’,” for attendance at Friday, January 5. org no later than 11:59 p.m. on Palermo said. “We are hoping to the conference. For more information Friday, January 4. encourage local affiliates to do about the conference, including The conference is set to begin the same so that they can make instructions for registering, booking with a presentation by Tampa Bay connections with lawyers from accommodations, and applying for Lightning Coach and attorney, Jon across the state, maybe learn a grants, visit www.flayld.org/yldevents/ Cooper, followed by a roundtable little about a community project aoc.

The Docket · November 2017 11 MEDIATION JAMES ROLFES & GARY LARSEN BOARD CERTIFIED TRIAL ATTORNEYS

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Can the law firm you refer your Personal injury Cases to answer yes to these 10 questions? 1. Does the attorney try cases several times each year? 2. Does the attorney have the ability to show you recent trial results? 3. Does the attorney have over 20 years of experience working for the insurance companies so that they have gained an insight into how to oppose and/or sue the insurance companies? 4. Is the attorney Board Certified in Civil Trial Law? 5. Is the attorney AV rated by Martindale Hubbell? 6. Does the attorney have the financial strength to take on significant injury cases? 7. Is the attorney located in the 12th judicial circuit? damian mallard, esq. 8. Will the attorney pay you a referral fee in accordance with the rules regulating the Florida Bar on every case no matter how big or small?* Mallard Law Firm, P.A. 9. Is the attorney available to speak with you at any point during the 889 North Washington Blvd. referral to give you status updates as you request? Sarasota, Florida 34236 10. Is the attorney willing to take on challenging cases that other law (P) 941-952-1682 firms or attorneys may not be willing to handle or would turn down www.MallardLawFirm.com due to the amount of work involved? *Rules regulating the Florida Bar permit a 25% referral fee without any involvement of the referral attorney other than refer your Cases to the mallard law firm, beCause making the introduction to the client. Any additional fees require court approval and involvement of the referring our answer to these 10 questions is yes. attorney in the handling of the personal injury matter. SECTION NEWS CLERK’S CORNER

LABOR AND EMPLOYMENT SECTION how to minimize a client’s exposure Chair: Jessica Farrelly, Esq., Icard, to securities-related litigation. Time Sarasota office Merrill, Cullis, Timm, Furen & will be reserved for a Q&A session. Ginsburg, P.A. CLE has been applied for. Clayton worked in the securities joins statewide Technology in the Courtroom industry in New York and New Join the Labor & Employment Jersey before he became an attorney. Section for “Technology in the Throughout his many years of investigations alliance Courtroom,” featuring Dennis practice, Clayton has been engaged Menendez, Chief Information Offi- in securities and business-related am happy to report that this office has joined a cer of the Twelfth Judicial Circuit, litigation and arbitration. statewide alliance of Clerks and Comptrollers in an on Thursday, November 16, from Ieffort to protect our most vulnerable citizens. As 12:00–1:30 p.m., Courtroom 3A, ESTATE PLANNING & PROBATE background, in 2016 the Florida Legislature established Silvertooth Judicial Center. Chair: Sean M. Byrne, Esq., Bach & the Office of Public and Professional Guardians (OPPG), The presentation will provide a Jacobs, P.A. with the intent of providing services to incapacitated hands-on demonstration and expla- persons when no private guardian is available. The nation of the technology available in The future of electronic wills statute provided that the OPPG would be part of the the Twelfth Circuit Courts, including The Estate Planning & Probate Department of Elder Affairs, and digital recording, wireless Internet Section invites you to join us for responsible for regulating the access, videoconferencing capabili- “The Future of Electronic Wills in CLERK’S activities of professional guardians. ties, attorney laptop use, and more. Florida” on Wednesday, November Additionally the Department is Mr. Menendez will also provide 29. RPPTL Executive Council CORNER required to review allegations an overview of the many resources member and ACTEC fellow M. that a professional guardian has available on the Court’s website. Travis Hayes will speak about the violated the provisions of Florida CLE credit has been applied for. status of the proposed legislation Guardianship Laws, stating the The Community Foundation of Sara- authorizing electronic wills in Office would work with clerks sota is sponsoring this event. Florida; the debate and competing statewide and “coordinate, to the interests and positions involving the greatest extent possible, with the FAMILY LAW SECTION e-wills legislation; the likelihood clerks of court to avoid duplication Chair: Amanda King, Esq., Syprett, of its re-emergence in the next of duties with regard to the financial Meshad, Resnick, Lieb, Dumbaugh, legislative session; and the overall audits prepared by the clerks Jones, Krotec & Westheimer, P.A. trend of online “do-it-yourself” Karen E. pursuant to s. 744.368.” estate planning and how it affects the Rushing In July 2016, the OPPG Divorce and special needs children practice of law. Clerk of Court entered into a Memorandum “Divorce with Special Needs The meeting will be held at and County of Understanding (MOU) with Children” will be the luncheon noon at Sarasota Yacht Club. We Comptroller six county clerks to coordinate topic at the November 7 meeting gratefully acknowledge our sponsor investigations of alleged violations of the Family Law Section. Our Synovus Bank. by professional guardians. In order guest speaker, attorney Philip J. to effectively fulfill the requirements Schipani, will provide tips and ELDER LAW SECTION stated in the Memorandum, the Clerks’ Statewide resources to help you create and Chair: Neil T. Lyons, Esq., Boyer & Investigations Alliance was created. The Alliance develop provisions in parenting plans Boyer, P.A. adopted policies and procedures to effectively fulfill regarding special needs children, the memorandum, and the statutory responsibilities for as well as resources dealing with Real Property Transfers investigations of these guardians pursuant to Florida disputes in relation to these cases. and the Elderly Client Guardianship Law. Requirements were established for The luncheon will be held at The Join us Thursday, December 14, other Clerk’s offices to be considered for acceptance in Francis and will begin at noon. when Attorney Cynthia Riddell, the Alliance, including that a Clerk’s Office of Inspector Riddell Law Group, will present General (OIG) function must be accredited, or have BUSINESS LAW SECTION common real-property title problems taken a substantial step toward pursuing accreditation. Chair: Carolina Saavedra, Esq., affecting the elderly client. Topics The OIG function must be headed by a Certified Hutton & Dominko, PLLC to be covered include the persistent Inspector General. problems facing elderly clients Florida’s Blue Sky law and tools making inter vivos transfers of real aving received accreditation in 2015, and routinely to decrease exposure to litigation property with a goal of avoiding performing the highest levels of audits and fraud The Business Law Section is pleased probate, a lengthy discussion on the Hinvestigations in guardianship cases, the Sarasota to welcome attorney Drew Clayton of growing use of enhanced life estate Internal Audit Department and Office of Inspector Icard, Merrill, Cullis, Timm, Furen deeds (Lady Bird Deeds), and why General was accepted into the Alliance in October 2017. & Ginsburg, P.A., for a discussion on such deeds create title problems Sarasota’s Clerk and Comptroller is only one of seven securities law. The presentation will after the Grantor’s death, as well as Clerks to achieve this level of responsibility. This audit be held on Thursday, November 30, protecting clients from exploitative and investigative role adds a layer of protection to wards at the Sarasota Yacht Club. Clayton property transfer schemes. and their assets, in addition to the activities already will give an overview of Florida’s The luncheon will be held at performed by the Clerk’s Probate and Guardianship Blue Sky law, discuss common issues Sarasota Yacht Club from noon Division oversight process. within financial documents that to 1:15 p.m. CLE credits have The statewide OPPG maintains a hotline to receive can create inadvertent exposure to been applied for and are pending allegations of guardianship fraud, waste, and abuse. securities issues, and provide tips on approval. See CLERK, Page 18

The Docket · November 2017 13 FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT FAQ about withholding requirements under FIRPTA By RENEA M. GLENDINNING, CPA Are there any exceptions to the 15 than the 15 percent required with- Kerkering Barberio & Co. percent withholding requirement holding. Under these circumstances, under FIRPTA when U.S. real prop- the regulations provide a procedure rior to the enactment of the erty is sold by a foreign person? by which the Internal Revenue Foreign Investment in Real Prop- Yes, there is no withholding Service (IRS) can agree to an amount Perty Tax Act (FIRPTA) in 1980, required if the sales price is $300,000 which is less than the required 15 foreign sellers of U.S. real estate were or less and the buyer (including percent withholding. The agreement not taxed on the capital gains real- family members) intends to use the of a reduced amount can be obtained ized on the sale of real estate situated property for personal purposes as a by applying for a withholding in the U.S., unless such real estate Renea M. residence for more than 50 percent certificate. This procedure is gener- was used in a U.S. trade or business. Glendinning, of the time the property is in use ally done by submitting a properly Under FIRPTA, foreign sellers of CPA for the first two 12-month periods completed IRS Form 8288-B. Either U.S. real estate were subjected to Kerkering following the transfer. The days the the transferor (seller) or transferee U.S. capital gains tax on the profit Barberio & property is vacant are excluded in (buyer) may apply for the withhold- realized on the sale effective for Co. the 50 percent calculation. Vacant ing certificate. dispositions after June 18, 1980. land is specifically excluded, even if The withholding requirements under the buyer intends to build a residence A nonresident has a contract to sell FIRPTA became effective for disposi- on the property. In order for this U.S. real estate for $500,000, with a tions after December 31, 1984. The exemption to apply, the buyer must closing date of July 1. There will be withholding rate under FIRPTA was be an individual, as opposed to a a tax loss on the transaction. What initially 10 percent. Under the PATH partnership, corporation, estate or is the latest date an application Act of 2015, the FIRPTA withhold- trust. The buyer must also sign an for reduced withholding can be ing rate increased to 15 percent affidavit, under penalties of perjury, submitted? effective February 17, 2016. that he meets the requirements for The application for a reduction The withholding rules under the exemption. Even though the in the 15 percent withholding must FIRPTA can be very confusing seller may be exempt from the 15 be submitted to the IRS no later than and have changed over the years. percent withholding, the seller is still July 1, the date of closing. If the The questions and answers below required to file a U.S. income tax application is not submitted by the attempt to address some of the most return to report the sale and pay any date of closing, the full 15 percent common situations encountered in applicable income taxes on the profit withholding must be remitted to the complying with the requirements on sale. IRS. under FIRPTA. There is one other exception to the 15 percent withholding rate How long does it take the IRS to What is the definition of a “foreign under FIRPTA. The PATH Act process an application for a reduced person” with regard to FIRPTA? provides that the 15 percent with- withholding? For purposes of applying the holding rate can be reduced to 10 Although there is no set time withholding rules under FIRPTA, percent if certain criteria are met. period, most applications for a a “foreign person” is defined as To meet the criteria, the sales price reduced withholding are processed a nonresident alien individual, a cannot exceed $1,000,000 and, just within 90 to 120 days after submis- foreign corporation, a foreign part- like for the exception to the FIRPTA sion. nership, a foreign trust or a foreign withholding, the buyer must intend estate. A resident alien individual, to use the property as a residence. As When must the 15 percent withhold- including a nonresident alien electing of February 17, 2016, the effective ing or reduced withholding, if appli- to be treated as a U.S. resident, is not date of the PATH Act provisions cable, be remitted to the IRS? a foreign person. regarding FIRPTA withholding, At closing, the 15 percent Under FIRPTA, a foreign person guidance from the Internal Service withholding is deducted from the disposing of a U.S. real property was lacking as to the definition proceeds due to the seller. If no interest must have 15 percent of the of “residence” with respect to the reduction is applied for, the 15 amount realized withheld. What reduction of the FIRPTA with- percent withholding must be remit- constitutes “amount realized?” holding rate from 15 percent to 10 ted to the IRS within 20 days after An “amount realized” means percent. The interpretation is that closing. If an application has been the sum of the cash paid, or to be the term “residence” is defined in the filed to reduce the withholding, the paid (not including interest), the same manner as for the exception to 15 percent is withheld, but the funds fair market value of other property the withholding described above. are held in escrow, awaiting receipt transferred or to be transferred and of the withholding certificate from the amount of any liability assumed What is a withholding certificate and the IRS. The reduced withholding by the transferee or to which the who may apply for one? must be remitted to the IRS within U.S. real property interest is subject Technically, the amount of tax 20 days after the date of the with- immediately before and after the required to be withheld under the holding certificate. The withholding transfer. Generally, the amount real- provisions of FIRPTA cannot exceed amount is remitted to the IRS using ized, for purposes of FIRPTA with- the maximum tax liability of the Forms 8288 and 8288-A. holding, is the sales or contract price. transferor. Many times, the maximum tax liability is significantly less See FIRPTA, Page 18

14 The Docket · November 2017 PROFESSIONALISM Professionalism and Ethics interactive seminar ta M. Neymotin, Regional Counsel, Office of Criminal Conflict and ICivil Regional Counsel of the Second District Court of Appeal, with the assistance of all the Sarasota stakeholders, hosted a great educational seminar in Sarasota on August 11, with the guest speaker being Honorable State Representative Joe Gruters, on the topic of Professionalism, Ethics, Criminal Law, and Dependency. Presentations by the speakers were educational and inspiring.

n Honorable Charles E. Williams, Chief Judge of the 12th Judicial Circuit, welcomed everyone to the Professionalism and Ethics seminar. He spoke about the importance of lawyers to be respectful and professional, and how we must treat this profession with respect.

n Ita M. Neymotin, Regional Counsel, spoke about her family’s journey to freedom as well as the importance of professionalism and keeping our justice system fair for all people.

n Attorney Henry Lee Paul spoke Pictured above (left to right): Ita M. Neymotin, the Regional Counsel of the Office of Criminal Conflict and about the importance of Standards Civil Regional Counsel of the Second District Court of Appeal of Florida, Member of the Florida Supreme of Professionalism, and how Court Commission of Professionalism Confidentiality Rule Sub-Committee and Member of the Florida Bar standards for behavior are becoming Standing Committee on Professionalism; Honorable Charles E. Williams, Chief Judge 12th Judicial Circuit; part of disciplinary proceedings. Honorable Larry Eger, Public Defender 12th Judicial Circuit; Honorable Ed Brodsky, State Attorney 12th Judicial Circuit; David Silverstein, Managing Attorney, Children Legal Services, Department of Children n Honorable State and Families 12th Judicial Circuit; Mark Brewer, Circuit Chief and Assistant Regional Counsel, Office Representative Joe Gruters gave a of Criminal Conflict and Civil Regional Counsel; Byron Hileman, Homicide Division Chief and Assistant very interesting talk about serving Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel; Chris Boldt, Death Penalty Division in a legislature and being part of a Manager and Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel; Honorable team, and his commitment to doing State Representative Joe Gruters, Florida House – District 73; Henry Lee Paul, Ex Officio Member of the the right thing every time. Supreme Court Commission on Professionalism and Member of the Florida Bar Standing Committee on Professionalism n Honorable Ed Brodsky, State Attorney for the 12th Judicial Circuit, discussed the importance n Byron Hileman, Homicide Presentations Layton, Supervising Attorney, of prosecuting fairly, ethically and Division Chief, OCCCRC, discussed by the speakers Guardian Ad Litem, 12th Judicial professionally in order to get justice the importance of civil rights and Circuit, gave a very entertaining for all parties. And how employees’ how the battle continues to this day were educational and interactive presentation on how conduct is a representation of the to make sure everyone is treated and inspiring. different departments work together office they work for, so they must equally by the law. to achieve goals, even when such conduct themselves appropriately. parties are in opposition. n Chris Boldt, Death Penalty n Honorable Larry Eger, Division Manager, OCCCRC, then n Mark Brewer, Circuit Chief, Public Defender for the 12th talked about recent changes to death Office of Criminal Conflict and Civil Judicial Circuit, said we must act penalty litigation and trial evidence Regional Counsel, with Sarasota professionally and with humanity, rules. Police Department Captain Corinne and treat clients with civility and Stannish, and Sarasota Outreach professionalism, in addition to being n David Silverstein, Managing Case Manager Dede Jones, talked equitable and reasonable. Attorney, Children’s Legal Services, about their efforts to put an end to 12th Judicial Circuit, with Jennifer human trafficking.

The Docket · November 2017 15 PERSONAL LIABILITY

SIGN Despite these from wandering onto the property. was safe from the bad dog in the exceptions to the Fortunately, merely inviting a fenced-in area. While we do not now Continued from Page 1 person onto a property is not suffi- hold that the sign was insufficient to owner is not liable, except as to a “Bad Dog” sign cient to trigger the doctrine of equi- warn, as a matter of law, we do hold person under the age of 6, or unless defense, a “Bad table estoppel. In Regueira v. Rafart, that the adequacy of the warning is the damages are proximately caused 499 So.2d 937 (Fla. 3rd DCA 1986), a jury question ….” Hence, it may by a negligent act or omission of Dog” or “Beware the defendants had “posted an easily not be adequate to only post “Bad the owner, if at the time of any such of Dog” sign readable ‘Beware of Dog’ sign in Dog” and “Beware of Dog” signs injury the owner had displayed in a a prominent place on the premises on the gates to the backyard fence, prominent place on his or her prem- could be money where the dog was kept.” The court as is commonly done; they may need ises a sign easily readable including very well spent affirmed the entry of a summary to be posted around the perimeter the words “Bad Dog.” In Romfh v. judgment in favor of the dog owner, of the property as well to protect Berman, 56 So.2d 127 (Fla. 1951), for the Florida holding that “the mere fact that the against liability for dog bites on the Florida Supreme Court extended dog owner. minor plaintiff, a next-door neigh- other parts of the property. the “Bad Dog” exception to liability bor, was an invitee on the premises, Despite these exceptions to the to include “Beware of Dog” signs. does not mean that the defendants “Bad Dog” sign defense, a “Bad Without such a sign, “the owner thereby implicitly disavowed the Dog” or “Beware of Dog” sign could of any dog that bites any person sign’s warning so as to equitably be money very well spent for the while such person is … lawfully on estop them from asserting the Florida dog owner. … the property of the owner of the defense available to them under dog, is liable for damages suffered Section 767.04, Florida Statutes.” by persons bitten, regardless of the The “Bad Dog” sign defense former viciousness of the dog or the also will not protect a defendant owners’ knowledge of such vicious- who does not own the dog; Section FAWL ness.” Section 767.04, Florida Stat- 767.04, Florida Statutes only applies Continued from Page 7 utes. to dog owners. Even if a dog’s owner membership — a technology and is found not liable because he or she ethics CLE program, a collaboration lthough easy to invoke, the posted a “Bad Dog” or “Beware of with the SCBA Diversity “Bad Dog” sign defense is not Dog” sign on the property where Committee’s We Are Sarasota Aan ironclad defense, even if the the bite occurred, the bite victim can project, a Take Your Child to Work bite victim is over the age of six still pursue a common-law liability (court) day on April 26, 2018, in and there has been no negligence claim against a third party, such as Judge Curley’s courtroom, and a on the part of the dog owner. The the dog owner’s landlord. In Noble, presentation of the Balancing the doctrine of equitable estoppel may the Florida Supreme Court allowed Scales documentary film by lawyer/ be applied to avoid the defense Mr. and Mrs. Yorke to amend their filmmaker Sharon Rowen about the “where the representations of one complaint to sue Mr. Noble in his journey of women lawyers. party reasonably lead another to capacity as non-owner of the dog Whether you are newly minted believe in a certain state of affairs for the negligent maintenance of the or more seasoned, man or woman, and in reliance on such representa- gate that was supposed to be secur- work under the roof of a big firm tions the latter changes his position ing his wife’s dog. Citing Noble, in or your own shingle, are located to his detriment.” Noble v. Yorke, Ward v. Young, 504 So.2d 528 (Fla. in downtown or Newtown, or are 490 So.2d 29 (Fla. 1986). In Noble 2d DCA 1987), the Second District out-of-town, we invite lawyers v. Yorke, the Supreme Court of Flor- Court of Appeal vacated a summary to join our ranks and fulfill our ida applied the doctrine of equitable judgment entered for a landlord mission. To attend Leveling the estoppel where Mrs. Noble told Mr. where a tenant’s pit bull attacked Playing Field, please contact Julie Yorke on the telephone before he and severely injured a visitor to the Luhrsen ([email protected] and his wife came to her home/busi- property. Therefore, it would be of ); for more information about ness to purchase “jockey silks” to no benefit to a landlord to festoon Sarasota FAWL and membership, disregard the “Beware of Bad Dog” a rental property with “Bad Dog” please contact Marjorie Chalfant sign on the front door of her home signs. ([email protected]) because the dog was secured. The or Tonya Pitts (Tonya@McIntyreFirm. Supreme Court refused to “allow ast, even with a “Bad Dog” sign, com). a party who disavows the tenor of litigation can also ensue over the “Bad Dog” sign to take advan- Lwhether a sign was sufficient to tage of its wording.” Similarly, in warn a person of the threat a dog Connect with us! Godbey v. Dresner, 492 So.2d 800 imposed. In Kaiser v. Baley, 474 (Fla. 2d DCA 1986), the Second So.2d 906 (Fla. 5th DCA 1985), a Please “like” District Court of Appeal reversed a “Bad Dog” sign was affixed to the our Facebook summary judgment for a property gate of a four-foot fence. The mail- page to receive owner where a tenant who was box was outside the fence. The dog bitten on an arm while moving into jumped over the fence and bit the future updates a rental apartment had been advised mailman, who then sued the dog’s and photos by by the property owner while she was owner. The court stated, “Because clicking here: house-hunting that the “Beware of the defendant has his mailbox www.facebook.com/SarasotaBar Dog” sign posted on the property outside the fence, the plaintiff was was only there to discourage people not unreasonable to assume he

16 The Docket · November 2017 NEWS OF NOTE SCBA NEWS n Gail E. Farb, a labor and n James O. Fergeson, Jr., J. Ronald employment attorney with Williams Have you or a Skipper, Richard R. Gans, Matthew AWARDS Parker, has been selected to member of your B. Mayper and J. Allison Archbold, Continued from Page 1 participate in the Greater Sarasota firm achieved shareholders in the law firm of year’s Distinguished Service Award Chamber of Commerce’s Leadership professional Fergeson Skipper, P.A., have been to Jan Jung. The award was given Sarasota County Program Class of recognition? selected by their peers for inclusion in recognition of her extraordinary 2018. The Chamber’s Leadership Have you hired in the 2018 edition of The Best service, dedication, loyalty, and program offers participants an a new attorney? Lawyers in America, the oldest unwavering support of the legal opportunity to foster leadership Any other news and most respected peer-review profession, as well as the SCBA and skills and enhance awareness of the of note? If so, we publication in the legal profession. its members, through her promotion community and its needs through would like to hear of innovation, keen legal-industry community involvement, leadership about it. Email n Williams Parker is pleased to knowledge, exceptional character, training, and education. your “News of announce shareholder Douglas J. and enduring patience and profes- Note” items to Elmore has been appointed to the sionalism. n The law firm of Shumaker, Loop scba@sarasotabar. Board of Directors of Easter Seals Erin Christy, Esq., had the honor & Kendrick, LLP is pleased to com. Southwest Florida and the Easter of presenting the C.L. McKaig announce that Adria Jensen has Seals Southwest Florida Foundation. Award to the Honorable Lee E. been named to the Sarasota Meals Easter Seals offers care and services Haworth. The award was in honor on Wheels Board of Directors. to children and adults with special and recognition of his extraordinary Meals on Wheels of Sarasota, Inc. needs so that they can enjoy access, service to the Sarasota County Bar (MOW) delivers nutritious meals to opportunities, and increased life Association through tireless advo- persons in need in the community choices. cacy for meaningful and effective who are unable to prepare a meal for increases in access to justice for the themselves in their home, and serves n Gurley Vitale, a Sarasota law firm disadvantaged, and in recognition over 160,000 meals a year. specializing in construction law, is of his efforts educating the public, pleased to announce that David E. thus enhancing the image of the legal n Williams Parker is pleased to Gurley, Esq., was selected for the profession. announce that eight of its attorneys second consecutive year to serve as a Christina Unkel, Esq., had the have been selected for inclusion presenter for the 6th annual Florida honor of presenting the Distin- in the 24th Edition of The Best Construction Law seminar. The guished Community Service Award Lawyers in America. The attorneys event, organized by The Seminar to Christine R. Sensenig, Esq. named to the 2018 list include Group, takes place on October Sensenig’s award recognized her Charles D. Bailey, Jr. (Land Use and 19 and 20, at the Hampton Inn dedication of countless volunteer Zoning), John T. Berteau (Trusts and & Suites – Brickell in Downtown hours and pro-bono legal service Estates), Ric Gregoria (Trusts and Miami. The conference is geared as Chair of the Community Health Estates), Michele B. Grimes (Real toward attorneys/legal staff, Center of Sarasota County, as well Estate Law), J. Michael Hartenstine contractors and subcontractors, as other local Sarasota County (Real Estate Law), William M. Seider design professionals, developers non-profit organizations that provide (Real Estate Law), James L. Turner and landowners, architects and primary and preventive care for (Real Estate Law and Trusts and planners, real estate professionals, those in our community regardless of Estates), and E. John Wagner, II (Tax government officials, and engineers. their ability to pay for such care. Law). n Dunlap & Moran, P.A., is pleased n The law firm of Shumaker, to announce the addition of its Loop & Kendrick, LLP, is pleased newest shareholder, Elizabeth J. The Docket is to announce that James E. Fanto Barber. An attorney with the firm a publication and Justin P. Senior have joined since 2010, and a longtime resident of the Sarasota the Sarasota office as associate of Sarasota, Barber practices County Bar attorneys in the Broker-Dealer primarily in the areas of estate and Association. Litigation Practice Group. They are trust administration, and in business All articles members of a team of attorneys who transactional law. printed represent large financial institutions herein are the n property of the and high net-worth individuals in The law firm of Shumaker, Loop Sarasota County Bar Association securities litigation and violations of & Kendrick, LLP, is pleased to and may not be reprinted without contractual covenants. announce that Meghan O. Serrano, permission. partner in the Sarasota office, PUBLISHER: SCBA Executive n Mark A. Sessums has been was named Board Member of the Director Holly Lipps recognized by Best Lawyers in Year by the Boys & Girls Clubs of EDITOR: Daniel L. Tullidge, Esq., America for his high caliber of work Sarasota County. The organization Williams, Parker, Harrison, Dietz & in the practice area of Family Law. recognized outstanding board Getzen, P.A. This distinction means Sessums is leadership, community-based DESIGN AND EDITORIAL ranked among the top five percent partnerships, and exceptional CONSULTATION: Peter M. Gentile, of private practice attorneys staff at its Annual Celebration on petermichael associates nationwide. October 5.

The Docket · November 2017 17 MEMBERSHIP SCBA NEWS

FIRPTA possess an ITIN in order to sell U.S. Welcome, new members! real estate. However, if they do not Continued from Page 14 possess an ITIN at the time of sale, it he following represents each new member’s name, is to their advantage to apply for one Tlaw school, year of admission to The Florida Bar, Who is responsible for the proper shortly after the sale. and law firm association. remittance to the IRS of the 15 percent withholding or reduced How does a foreign person apply for n Lisa Kelley Gallagher: University of Arizona amount, if applicable? an ITIN? College of Law; 1998; LPF Financial Advisors Generally, the transferee (buyer) is The ITIN is applied for by the party responsible for seeing that completing a Form W-7 and remitting n Cady L. Huss: Florida State University College of the proper amount of withholding is the form, along with proper docu- Law; 2011; Spivey & Fallon, P.A. remitted to the IRS on a timely basis. mentation, to the IRS. In order to The IRS will not hold the closing apply for an ITIN, the foreign person n Robert Laur: Stetson University College of Law; agent (attorney, title company, etc.) must have a valid reason for request- 2015; Eraclides Gelman responsible for remitting the with- ing the number. The sale of U.S. real holding as long as their connection estate constitutes a valid reason. n Carrington Lewis: Cleveland-Marshall College of with the transaction is limited to a) Law; 2015; The Mack Law Firm, Chartered receiving and disbursing any part A husband and wife hold joint title of the consideration, b) recording to U.S. real estate. The husband is n Paul M. McDermott: Regent University School of any document, c) typing, copying, a foreign person and the wife is a Law; 2015; McDermott Law Offices, PLLC and other clerical tasks, d) obtaining U.S. citizen. They are selling U.S. title insurance reports and reports real estate for $500,000. How is the n Barbara D. Negron de la Fuente: Stetson Univer- concerning the condition of the prop- amount of withholding determined? sity College of Law: Class of 2018; Student erty, or e) transmitting documents If the U.S. real estate is owned Member between the parties. In most cases, jointly by foreign and nonforeign the closing agent actually remits the spouses, the withholding is 15 percent n Gail Kosier Neuharth: Southwestern University funds to the IRS, but the buyer is held of the amount realized that is allocable School of Law; 2000 responsible for seeing that it is done. to the foreign seller. In the absence of evidence to the contrary, a husband n Alicia M. Phidd: St. Thomas University School of Is there an exemption from the 15 and wife are each deemed to own 50 Law; 1999; Alicia M. Phidd, Esq. percent withholding when a foreign percent of the property for purposes person is the seller in a short sale? of the 15 percent withholding. In n Michael Robertson: University of Kansas School No. However, in most cases, it the above example, the withholding of Law; 1998; Law Office of Michael T. Robert- would be advisable to apply for a would be $37,500 ($500,000 sales son, Esq. reduction in the withholding from price X 50 percent attributable to the IRS. A withholding certificate, foreign spouse X 15 percent withhold- n Holli Wares: Stetson University College of Law; stating that the withholding had been ing rate). 2015; McConnaghhay, Coonrod, Pope, Weaver reduced to zero, must be obtained & Stern, P.A. before closing can take place or the While it is impossible to address 15 percent must be held by the closing every conceivable situation that n Rory Zinna: Florida State University College of agent until a withholding certificate may be encountered, hopefully this Law; 2008; Dickinson & Gibbons, P.A. can be obtained or remitted to the article has provided useful informa- IRS within 20 days after closing. Even tion pertaining to some of the most though the IRS is not obligated to frequently asked questions regarding expedite the processing of reduced the application of the Foreign Invest- CLERK’S CORNER withholding applications in the case ment in Real Property Tax Act. of a short sale, it is sometimes possible to obtain expedited processing due CLERK to a hardship. CLASSIFIED ADS Continued from Page 13 If a nonresident sells U.S. real estate EMPLOYMENT Reports coming to OPPG determined to have a legally at a loss and receives a zero with- sufficient basis of violation of a ward’s rights are referred holding certificate, must they still file SARASOTA COUNTY OFFICE OF THE COUNTY ATTORNEY seeks an attorney with between to the Administrative Coordinator of the Alliance, who a U.S. income tax return to report the three and five years’ experience to practice is responsible for assigning the case to one of the seven sale? transactional and local government law in Clerks for investigation. Based on initial findings of Yes, without exception. The grant- a high-achieving environment. Membership fact, and within 55 days of the OPPG’s receipt of the ing of a withholding certificate does in the Florida Bar required. Recent local government experience preferred. Experience complaint, the assigned Office of Inspector General not eliminate any requirements to file in contract negotiation and drafting or with must submit a report to OPPG and to the court a U.S. tax return to report the trans- real estate transactions a plus. Must have with jurisdiction over the guardianship case. Upon action. excellent oral and written communication conclusion of an investigation, the OPPG will determine skills and strong legal research and analytical skills. By county policy only nonsmokers are whether disciplinary or administrative action against a Is a foreign person required to have eligible for hire. Excellent benefits package. professional guardian is warranted. an Individual Taxpayer Identification Application period closes November 6, 2017. With statewide concerns about elderly abuse, I look Number (ITIN) before selling U.S. Equal Employment Opportunity/Affirmative forward to working with others to address fraud, waste real estate? Action/Veteran’s Preference Employer. Send and abuse. A foreign person is not required to résumé to [email protected].

18 The Docket · November 2017 “Divorce with Special Needs Children”

Tuesday, Nov. 7, 2017 12:00 noon– 1:00 pm  The Francis 1289 N. Palm Ave, Sarasota

Attorney Philip J. Schipani will provide tips and resources to help you create and develop provisions in parenting plans regarding special needs children as well provide resources dealing with disputes in relation to these cases.

Family Law Section Meeting Tuesday, November 7, 2017 The Francis— 12: 00 pm $30/person

Name: ______Firm: ______Email: ______Check Amt: ______Check #: ______

Deadline for reservations: Tuesday, October 31, 2017 Mail with payment to: SCBA, P.O. Box 507, Sarasota FL, 34230 “No Shows” and reservations canceled within 48 hours of event will be invoiced.

THE SARASOTA CHAPTER OF THE FLORIDA ASSOCIATION OF WOMEN LAWYERS PRESENTS

LEVELING THE PLAYING FIELD - STRONG WOMEN IN THE LAW & IN SPORTS

NOVEMBER 9, 2017 11:30AM - 1:00PM SARASOTA YACHT CLUB

Members - $30 * Non-members - $40 Patron tickets $100 No charge for Judges

KEYNOTE SPEAKER LISA KROUSE, ESQ., SPHR, SHRM-SCP Executive VP, Chief Human Resources Officer, FCCI Board Member, Author & Avid Golf- er “Teeing Up for Success”

CHRISTINA UNKEL, ESQ Member of the Florida Bar’s Committee on Diversity & Inclusion and Professional Soccer Referee

Master of Ceremonies - Chief Judge Charles E. Williams

Kindly RSVP by November 3rd. To purchase tickets on line go to: https://www.eventbrite.com/e/fawl-presents-women-in-the-law-in-sports-tickets-38115047132 or send check payable to FAWL to: Tina Mroczkowski, 2750 Ringling Blvd. #3, Sarasota, FL 34237

Sponsored by F.C.C.I Luhrsen Goldberg Rosenberg Law, P.A. Charlie Ann Syprett, Esq.

ADR Section Meeting

Wednesday, Nov. 15, 2017 5:30 -7:00 pm Bijou Café, Sarasota

“Ethical Issues for Attorneys & Mediators During Mediation”

Speaker D. Robert Hoyle, Esq.

The purpose of this presentation is to provide attorneys and mediators with various hypothetical situations that might occur during mediations. There are numerous ethical issues that apply to the conduct of attorneys regarding not only their own obligation to know the parameters of statutes like Chapter 44 and Rule 10, but also the ethical obligation to inform a client about the rules.

The program will cover the following topic areas:

 Confidentiality  Appearance requirements at a mediation  Conflicts of interest  Settlement agreements

ADR Section Meeting — Bijou Cafe Wednesday, November 15, 2017 $30/person

Name: Firm: ______Email: ______Check No. ______Please select your entrée choice:

 Crab Cakes  Chicken Paillard  Vegan Stack

Register online at www.sarasotabar.com Deadline for reservations: November 8, 2017 Mail with payment to SCBA, PO Box 507, Sarasota FL 34230 “No Shows” and reservations canceled within 48 hours of event will be invoiced.

LABOR & EMPLOYMENT SECTION in conjunction with the Civil Trial Section present “Technology in the Courtroom”

Chief Information Officer of the Twelfth Judicial Circuit Court of Florida, Mr. Dennis Menendez, will provide a hands-on demonstration and explanation regarding the technology available for use in the Twelfth Judi- cial Circuit Courts. The demonstration and overview will include such topics as:

- Digital recording - Wireless Internet Access - Presentation Cart use for evidence - Attorney Business Center - Videoconferencing capabilities - Media Rooms and Policies - Attorney laptop use

Mr. Menendez will also provide an overview of the many resources available on the Court's website. A boxed lunch will be provided, along with time for discussion.

We gratefully acknowledge the support of our sponsor:

Labor & Employment/Civil Trial Joint Meeting “Technology in the Courtroom” Thursday, November 16, 2017 $20/person

Name: Email:

Check Amt: ______Check No: ______

Please choose one:

___ Turkey Sandwich ___ Chicken Salad Sandwich ___ Vegetarian Sandwich

Deadline for reservations: Thursday, Nov. 9, 2017 Mail with payment to: SCBA, P.O. Box 507, Sarasota FL 34230 “No Shows” and reservations canceled within 48 hours of 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. “Waterfront Property Due Diligence”

Thursday, Nov. 16, 2017 12 noon to 1:00 p.m. The Francis, 1289 N. Palm Ave., Sarasota

More than anything else, most buyers of waterfront property want to know if they can have a dock and swimming pool. While these questions are of utmost concern to the buyer, real estate attorneys are primarily concerned with title issues and rarely address these matters. While a transaction can be terminated if clear title cannot be conveyed, a buyer has a very limited opportunity to termi- nate a contract if government regulations would prevent the construction of a dock or pool. Using 40 years of “war stories”, Mr. Levin will discuss the myriad of local and state government regulations that must be considered to provide a reliable answer to such questions, and when they must be evaluated.

Included in the discussion will be an overview of such topics as: sovereignty submerged lands; David Levin, Esq. private-owned submerged lands; riparian rights; conservation easements; seagrass; aquatic pre- serves; typical dock construction standards; FEMA elevation requirements; Florida coastal con- Icard, Merrill, Cullis, struction control line permitting; local government setbacks; and variances. Timm, Furen &

Attendees will leave with a full appreciation of how much investigation is required during the Ginsburg, PA, “inspection period” to insure that a subject property is suitable for a buyer’s purposes.

Real Property Section Thursday, November 16, 2017 $30/person—CLE Applied For.

Name: Firm:

Email: ______Check Amount: Check No:

Please indicate if you require a vegetarian meal Deadline for reservations is Thursday, Nov. 9, 2017 Mail with payment to: SCBA, PO Box 507, Sarasota FL 34230 “No Shows” and reservations canceled within 48 hours of 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. MORNINGMORNING ATAT THETHE COURTHOUSECOURTHOUSE presented by the SCBA YOUNG LAWYERS DIVISION Tuesday, November 28, 2017 10:30 a.m.—1:00 p.m.— 2002 Ringling Blvd.

Join the Education Committee of the SCBA Young Lawyers Division for a program designed to connect young practitioners with the judiciary. Meet JA’s during a behind- the-scenes courthouse tour, then enjoy a roundtable discussion led by local judges and magistrates at Mediterraneo. Don’t miss this opportunity to learn professionalism and practice pointers directly from the judiciary! Discussion Leaders Schedule THE HON. DEBORAH BAILEY 10:30: Registration at Sarasota Courthouse THE HON. DONNA P. BERLIN THE HON. MARYANN BOEHM 10:45-11:45: Tour of the Courthouse THE HON. DAVID L. DENKIN 12:00-1:00: Lunch at Mediterraneo THE HON. LEE HAWORTH THE HON. ANDREA MCHUGH THE HON. ERIKA N. QUARTERMAINE

MORNING AT THE COURTHOUSE - Tuesday, November 28, 2017 $20/person SPACE IS LIMITED Name: ______The deadline for registration is Tuesday, November 21, 2017 Firm: ______Mail this form and payment to: Practice Area: ______SCBA, P.O. Box 507, Sarasota, FL 34230

Email: ______Or pay by credit card online at www.sarasotabar.com Check Amt: ______Check Number: ______“No shows” and reservations cancelled within 48 hours of the event will be invoiced.

Please circle your lunch selection: Chicken Caesar Salad Capellini Primavera Pasta Pizza Margherita Turkey Sandwich

______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. Wednesday, November 29, 2017 12 noon -- 1:00 p.m. Sarasota Yacht Club

RPPTL Executive Council member and ACTEC fellow M. Travis Hayes will speak about the status of the proposed legislation authorizing electronic wills in Florida; the debate and competing interests and positions involving the e-wills legislation; the likelihood of its re-emergence in the next legislative session; and the overall trend of online ‘do-it-yourself’ estate planning and how it is affecting the practice of law. M. Travis Hayes, Esq. RPPTL Exec. Council Member ACTEC Fellow

We gratefully acknowledge CLE Credit has been applied for. the support of our sponsor:

Estate Planning & Probate Section Luncheon Wednesday, November 29, 2017 $30/person

Please indicate if you require a vegetarian meal _____

Name: Firm

Email: Check Number:

Deadline for reservations: Wednesday, November 22, 2017 Mail with payment to SCBA, P.O. Box 507, Sarasota FL 34230 “No Shows” and reservations canceled within 48 hours of 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. An Expert Discussion on Florida’s Blue Sky Law & Practical Tools to Decrease Exposure to Litigation

Thursday, November 30, 2017 12 noon—1:00 p.m. Sarasota Yacht Club 1100 John Ringling Blvd, Sarasota

Mr. Clayton worked in the securities industry in mutual fund marketing and as a registered representative in New York and New Jersey for five years before he became an attorney. Throughout his many years of practice, Mr. Clayton has been engaged in securities and business-related litigation and arbitration.

Topics to be covered: W. Andrew Clayton, Jr., Esq.  An overview of Florida’s Blue Sky law Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A.  Common issues within financial documents that can create inadvertent exposure to securities issues  Tips on how to minimize your client’s exposure to securities-related litigation  Q & A session (CLE credit pending approval.)

Business Law Section Meeting Thursday, November 30, 2017 $30/person Name Firm Email Check Number:

Please indicate if you require a vegetarian meal _____

To pay by credit card, visit www.sarasotabar.com

Mail with payment to: SCBA, P.O. Box 507, Sarasota FL 34230. Deadline is Thursday, Nov. 23, 2017. “No Shows” and reservations canceled within 48 hours of event will be invoiced.

Fall Networking Event

Thursday, November 30, 2017 5:30 to 7:30 p.m. Hosted at The Edwards Law Firm, P.L. 500 S. Washington Blvd., Ste. 400, Sarasota

Join the Solo and Small Firm Section for their fall networking event. Members will be introduced and practice area information exchanged to develop effective referral relationships.

The evening will include appetizers and complimentary drinks.

Bring plenty of business cards!

Solo & Small Firm Section Fall Networking Event Thursday, November 30, 2017 $20/person

Name: ______Firm: ______

Email: ______Check #: ______Check Amt: _____

To register online, go to sarasotabar.com

Deadline for reservations: Thursday, Nov. 23, 2017 Mail with payment to: SCBA, P.O. Box 507, Sarasota FL, 34230 “No Shows” and reservations canceled within 48 hours of 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. SAVE THE DATE SOUTH COUNTY COURTHOUSE HOLIDAY PARTY

Friday, December 8, 2017 11:30 a.m. to 1:30 p.m. R.L. Anderson Courthouse

Let’s give thanks to the Courthouse Personnel! Please join the SCBA for our HOLIDAY

PARTY Hosted by the Young Lawyers Division Thursday, December 14, 2017 5:30 p.m.—7:30 p.m. Blue Rooster  1525 Fourth St  Sarasota

FREE TO ATTEND! RSVP to [email protected] Please bring a donated item for Children First: books, pajamas 3 months to size 6, shoes sizes 5-10, or blankets.

A SPECIAL THANK YOU TO OUR SPONSORS: The Elder Law Section Sarasota County Bar Association Diversity Committee, presents Westcoast Black Theatre Troupe & Booker High School Real Property Transfers ARE BRINGING BACK & The Elderly Client

Attorney Cynthia Riddell will present common real property title problems affecting the Elderly Client. WEARE Topics to be covered:  The persistent problems facing elderly clients mak- SARASOTA ing inter vivos transfers of real property with a goal the inspiring story of Sarasota’s journey from of avoiding probate the segregated 1950s to the rich multicultural  Discussion of the growing use of enhanced life es- community that it is today as told through tate deeds (Lady Bird Deeds) courtroom drama, song & dance.  Why such deeds create title problems after the Written, produced and directed by Charles E. Williams, Cynthia Riddell, Esq. Grantor’s death Charlie Ann Syprett and Nate Jacobs Riddell Law Group  Protecting clients from exploitative property transfer schemes STARRING WBTT, BOOKER HIGH SCHOOL’S CLE Credit has been applied for. DANCE & THEATER STUDENTS AND SARASOTA’S OWN JUDGES, LAWYERS Elder Law Section AND CIVIC LEADERS Thursday, December 14, 2017— 12:00 - 1:15 pm Sarasota Yacht Club MONDAY, APRIL 30, 2018 – 7 PM $30/person VIP RECEPTION 5:30 PM Name: ______Firm: ______SARASOTA OPERA HOUSE Email: ______Check Number: ______GET READY FOR THE RETURN OF SARASOTA’S Please indicate if you require a vegetarian entree _____ MOST POWERFUL PERFORMANCE To pay by credit card, go to www.sarasotabar.com TICKETS STARTING AT $75

Deadline for reservations is Wednesday, Sept. 27, 2017 SPONSORSHIP OPPORTUNITIES AVAILABLE Mail with payment to: SCBA, PO Box 507, Sarasota FL 34230 “No Shows” and reservations canceled within 48 hours of event will be invoiced. FOR TICKETS OR MORE INFORMATION ____Please check here if you have a disability that may require special attention or services. To ensure availability of appropriate accommodations, SARASOTABAR.COM/PAGE/WEARESARASOTA attach a general description of your needs. We will contact you for further coordination. OR CALL (941) 350-1089 Sarasota County Bar Association Diversity Committee, Westcoast Black Theatre Troupe & Booker High School ARE BRINGING BACK WEARE SARASOTA the inspiring story of Sarasota’s journey from the segregated 1950s to the rich multicultural community that it is today as told through courtroom drama, song & dance. Written, produced and directed by Charles E. Williams, Charlie Ann Syprett and Nate Jacobs

STARRING WBTT, BOOKER HIGH SCHOOL’S DANCE & THEATER STUDENTS AND SARASOTA’S OWN JUDGES, LAWYERS AND CIVIC LEADERS

MONDAY, APRIL 30, 2018 – 7 PM VIP RECEPTION 5:30 PM SARASOTA OPERA HOUSE GET READY FOR THE RETURN OF SARASOTA’S MOST POWERFUL PERFORMANCE TICKETS STARTING AT $75 SPONSORSHIP OPPORTUNITIES AVAILABLE FOR TICKETS OR MORE INFORMATION SARASOTABAR.COM/PAGE/WEARESARASOTA OR CALL (941) 350-1089