CCBA - Adverse Witness - July/August 2022

Adverse Witness

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PRESIDENT’S MESSAGE Edward Larsen FORT MYERS, FL PERMIT NO. 808 FORT MYERS, FL PERMIT NO. 808

I am greatly honored to be the 2022-2023 President of the Collier County Bar Association. As many of you know, I started my career in New York. After several years working as an attorney in New York my family and I relocated to Naples. It was the best career decision I ever made. On my first Monday in town, I joined the Collier County Bar Association. The following Wednesday afternoon the Real Estate Section of the CCBA was meeting at Carrabba’s on Tamiami Trail North at 12 noon. I arrived at the restaurant at 11:45, and only our Executive Director, Lisa Terwilliger, was in attendance. A few minutes later Tom Collins, who was just installed as the Chair of the Section, arrived, put his hand on my shoulder, and

3315 East Tamiami Trail, Suite 505 Naples, Florida 34112 3315 East Tamiami Trail, Suite 505 Naples, Florida 34112

July / August 2022 Vol. 210 published in the Adverse Witness, nor are the articles published in the Adverse Witness intended to express the views of the Collier County Bar Association. If you have questions or concerns about information contained in articles published in the Adverse Witness, please contact the author of the article directly. The adverse witness is pleased to feature articles submitted by Collier County Bar Association members, affiliates and the general public that may be of interest to the Collier County Bar Association’s membership. The Collier County Bar Association does not verify the accuracy of the information contained in the articles Adverse Witness Editorial Board Publication Deadline: 10th day of month preceding publication Officers President Edward Larsen President Elect Rachel Kerlek Treasurer Christopher Donovan Secretary Jamie Schwinghamer Immediate Past President Andrew Reiss Executive Director Lisa A. Terwilliger Directors Section Chairs ADR - James Chandler Family Law - Katelin Marshall Real Estate - Noel Davies Trial Law - Alex Figares Trusts & Estates - Geena Kandel Young Lawyers - Zachary Lombardo Collier County Bar Association 3315 E. Tamiami Trail, Suite 505 Naples, Florida 34112 (239) 252-8711 (239) 775-5858 Fax LisaT@colliercountybar.org www.colliercountybar.org Hours: 8:30 - 4:30 p.m. M-Thu 8:30 - 4:00 Fridays Hilda Cenecharles Rachael Loukonen Donna Marshall Patrick Neale Emma Osborne James Stewart Charles Whittington

heartily welcomed me to Collier County. That simple gesture by Tom was all I needed to confirm that I had made the right decision. (By 12 noon the restaurant was packed with 50 attorneys who all arrived within minutes of each other and proceeded to thoroughly enjoy the luncheon). I was greatly influenced by Tom’s initial welcome and have tried to emulate his generosity of spirit whenever I meet an attorney who has just arrived in town. I was quick to learn, however, that the warm embrace I received from Tom was not uncommon among our colleagues. Whether in Court or at a Bar function, the majority of Judges, Magistrates, and attorneys I have met over the last many years throughout the 20th Judicial Circuit have not only been been professional, but also very collegial and hospitable. As time went on, I met several other attorneys who assisted me in establishing my practice and settling in as a Southwest Florida attorney. Notable among these attorneys were Pat Neale, Joe Lindsey, John P. Cardillo, Joe Cox, Mike McDonnell, Chuck Kelly, and the Hon. Kathleen Passidomo. (It was Joe Cox who gave me my first job in town). These attorneys have shared their knowledge, forms, caselaw, and even clients with me, allowing me to support my family and grow in my profession. To these colleagues, and many others, I will be forever grateful. A major milestone in my professional career was when I was appointed as a part-time General Magistrate for the 20th Judicial Circuit, assigned to Hendry and Glades Counties, in January 2010. Although sworn in by former Chief Judge Keith Cary, my appointment was due to the recommendations of Hon. Christine Greider, Hon. James Sloane, Hon. Jack Lundy, and Case Manager Deb Mravic. I have served the Circuit for over 12 years, and each and every day I have been grateful for this opportunity. Now, 12 years later I remember my first day, January 11, 2010, as a Magistrate in the Hendry County Courthouse as if it was yesterday. Not because it was my first day, or even for what I did or not do in my assigned courtroom on the first floor. Rather, January 11, 2010, is distinct and memorable for what I witnessed in the third-floor courtroom that morning. Before the Circuit Court that day was a murder trial. It was a gruesome, heinous crime. I was early that day, and my docket did not start until 10 a.m., so I rode the elevator up to the third floor just before 9 a.m. to sit in the gallery and view the start of the trial. A few minutes after I arrived the defendant was brought out, his hands and feet shackled. He was extremely agitated, his muscles were tensed, his rigid shoulders up near his ears, he was lashing out at the bailiffs, the state attorneys, and even his own defense counsel, and he refused to take his seat. At 9 a.m. sharp, Judge Greider came through her chamber’s door and took her bench. After briefly taking note of what was occurring, Judge Greider leaned forward to address the defendant. CONTINUED ON PG. 8 MEDIATION & ARBITRATION

MEDIATION & ARBITRATION

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