Res Gestae - July 2022

Managing the cost of Student Loan Debt

THE VALUE OF VOLUNTARY BAR ASSOCIATIONS

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • JULY 2022

We are excited to announce that Accurate Reporters and Fort Myers Court Reporting are joining forces!

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table of contents on the cover

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ad directory

Voluntary Bar Associations Provide Fun, Education and Deeper Relationships Keith Grossman, Esq.

special features

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A Mountain of Debt Keith Grossman, Esq.

ON PAGE 20

departments 6 8

Letter from the President

28 Legal Lens

Letter from the Executive Director

29 100 Club

Tiffany Pereira, Esq.

Lauren Baugh

Burritos with the Bench and Raise the Bar Social

30 The Dish Hooters

10 Calendar of Events

Lauren Baugh

12 Ethically Speaking

32 New Members

Henry Lee Paul, Esq.

14 Legal Lens

Annual LCBAF Golf Tournament

18 Guest Attorney

What is a Guardian Ad Litem?

Alexandra Kleinfeldt, Esq.

26 Past President

Featuring Marcy Shaw

34 5 Things You Don't Know About Me (member) Agnieszka Osowicka, Esq.

36 5 Things You Don't Know About Me (sponsor) Blake Hampton

38 In The News

Travis Russell, Esq.

Agoston Law Group Aloia, Roland, Lubell & Morgan, PLLC Barbara Pizzolato Bounds Law Group Boy Agnew Potanovic Miller Brazzeal Mediation Business Observer Calvo & Calvo Attorneys at Law CONRIC pr + marketing Dal Lago Law DeMine Immigration Law Firm Donna Tisch Edison National Bank Fort Myers Court Reporting/Accurate Serve (Merging) Frank Piazza, P.A. Jones & Co. Realty Law Firm of Scott T. Moorey Law Offices of Dennis L. Webb LCBA LCBA LCBA LCBA LCBA LCBA Lindsay Scott Garza Linde Law Group Maguire Law Chartered McHale, P.A. Men's Rights Law Firm Musca Law Office, Inc. Ringsmuth Day O'Halloran Roetzel & Andress Roetzel & Andress Senior Advocacy Group Sheldon E. Finman, P.A. Spivey Law Firm Personal Injury Attorneys, P.A. Stockman Mediation The North Law Firm, P.A. Wright Mediation

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Please do your best to support them.

ON PAGE 30

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president's letter Happy Independence Day!

LEE COUNTY BAR ASSOCIATION

I had such a great time meeting new faces at our June events. Burritos with the Bench really drew a great crowd, and I’m pretty sure every Judge in the county made a point of stopping by! I can’t thank Chief Judge McHugh enough for starting this new tradition with us.

administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

executive council

VICE PRESIDENT

TREASURER

Spencer Cordell, Esq.

Hon. Kathleen Smith

BOARD MEMBERS

Travis Russell, Esq. John Miller, III, Esq. BENCH-BAR GALA

LAW WEEK

Diana "Dawn" Maselli, Esq.

Hon. John S. Carlin

DIVERSITY AND INCLUSION

LCBA FOUNDATION CHARITY GOLF TOURNAMENT

Kelly L. Fayer, Esq. and Ita Neymotin, Esq. HEALTH AND WELLNESS

John Miller, Esq. and Hon. Kimberly Davis Bocelli

It seems that although work doesn’t slow down, life naturally takes a step back in July as summer really sets in when you have kids. Maybe that’s just me? Each weekend involves time in the pool, at the splash pad or somewhere outside in the sun.

HISTORY

Jenna Persons, Esq. and E. Bruce Strayhorn, Esq.

MOCK TRIAL

Shaina Zuppke, Esq. and Eunice Gedeon, Esq. PARALEGAL

Rich Haberle

LAW RELATED EDUCATION

PRO BONO

T. Rankin Terry, Esq.

Andrew Banyai, Esq. and Michelle Trunkett, Esq.

ALTERNATIVE DISPUTE RESOLUTION

IMMIGRATION LAW

Anne Dalton, Esq.

Indera DeMine, Esq. and Nirupa Netram, Esq.

APPELLATE LAW

Alex Brockmeyer, Esq.

INTELLECTUAL PROPERTY

CORPORATE LAW

Mark Nieds, Esq. and Holly McFall, Esq.

Alicia Olivo, Esq. CRIMINAL LAW

Kathleen Fitzgeorge, Esq. and Agnieszka Osowicka, Esq. ELDER LAW

Blake Hampton, Esq. and Amy McGarry, Esq. FAMILY LAW

Kayla Richmond Miller, Esq. and Danielle Seitz, Esq. GENERAL CIVIL AND BUSINESS LITIGATION

Carlos Kelly, Esq. and George Knott, Esq.

LAND USE AND GOVERNMENTAL LAW

Sarah Spector, Esq. and Erica Woods, Esq. REAL PROPERTY, PROBATE AND TRUST LAW

Kenneth Kemp, Esq., Peter Knize, J.D., L.L.M., and Robin D. Merriman II, Esq. SOLO & SMALL FIRM

Jarred Duke, Esq., John Webb, Esq. and Robin Merriman, Esq. TORT LITIGATION

Dawn Maselli, Esq. and Diana Castrillon, Esq.

Tiffany Pereira, Esq. 239.332.1181 | thepereiralawfirm.com RES GESTAE

Shannon Puopolo, Esq. and Kenneth A. Jones, Esq.

practice section chairs

I’m looking forward to the Voluntary Bar Leaders Conference and seeing what events and offerings other bars have as fun, social events for their members, as well as what mental health support programs they have for their members.

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Andrea Pleimling Smith, Esq. Diana "Dawn" Maselli. Esq.

committee chairs

While typically July is a quiet month for LCBA, this month we are bringing you our rescheduled Redistricting Luncheon, hosted

by LCBA Past President, Matt Roepstorff. It was important to get this luncheon scheduled before election time, as this is a heavy hitting topic in Lee County. I hope you can join us on July 22 at the Edison to learn more.

Judge McHugh brought to my attention the Collier County Bar Association Attorney Wellness Initiative, which offers confidential, cost-free access to professional psychological services for all Collier County attorneys. We are now working on mimicking a program like this in Lee County, and I can’t wait to tell you all about it once it is out of the infant stages. Kudos to Collier County and all those involved. More to come on that next month!

SECRETARY

Peter Knize, Esq.

YLD President - Katherine Camadeco, Esq. President Emeritus - Blake Hampton, Esq.

The Diversity and Inclusion Professionalism Seminar was also a huge success. The amount of work that Regional Counsel Ita Neymotin and her team put in organizing this event really showed. Thank you, Ita, I can’t imagine how much time it took to get such an incredible group of people together.

I’ve attended a lot of events recently where mental health was a headlining topic, as it should be. For me, time without my phone, focused on my family, really helps take the edge off whatever stressors work or other obligations may bring. It’s so important to find time for yourself and figure out what helps you de-escalate from the pressures of life.

PRESIDENT

Tiffany Pereira, Esq.

LeeBar.org

Criminal Defense Lawyers upholding our reputation for success and defending the Constitution for a combined 100 years.

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Some of our achievements: Former 20th Judicial Circuit

Elected State Attorney Former President of the Lee County Bar Association Former Chair of the Florida Bar Grievance Committee 20th Judicial Circuit Former City Attorney of Fort Myers Original Master and Founding Member of the Calusa Inn of Court Voted 2017 Lawyer of Distinction-Top 10% in the United States Former Lee County Court Division Chief of the State Attorney’s Office Founding Member of National DUI College Thompson Reuters Super Lawyer AVVO “10” Rating by Reviews Death Qualified for Death Penalty Cases “AV” Preeminent Rated by Peers in Legal Ability and Ethical Standards Former Head of the Hendry/Glades County State Attorney’s Office All 3 Partners Voted by peers as SW Florida’s Top Lawyers in Naples Illustrated Collier County Lion of the Law Judicial Award for Professionalism Former Lee County Circuit Court Division Chief of the State Attorney’s Office 2020 Top 40 Under 40 National Trial Lawyers Current Member of the Florida Bar Unlicensed Practice of Law Committee 20th Judicial Circuit Current Board Member of the City of Fort Myers Police Citizen Review Board All Partners were Former SWFL Prosecutors Former Deputy Public Defender, Head of the Homicide Unit and Child Victim Crimes Unit Voted one of Gulfshore Life’s Top Lawyers in SWFL Media appearances on Dateline, NBC, Fox, CNN, Dr. Drew, News-Press, Naples Daily News and USA Today. ◆

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executive director's letter Summertime, and the living is easy…for some. Summer is slow for many others, but here in the world of LCBA, it is not.

We are gearing up for our fall activities.

The official award-winning publication of the Lee County Bar Association, which serves citizens and the legal community since 1949.

239.334.0047 ResGestae@LeeBar.org

Do you follow us on Facebook? If not, you are missing out. In addition to our website, Facebook is where we announce many things, such as events, save the dates, community events, etc.

staff PUBLISHER

Connie Ramos-Williams | 239.690.9840 Ext. 1001

EDITORS-IN-LAW

Tiffany Pereira, Esq. and Hon. Kathleen A. Smith

MANAGING EDITOR

We posted “Save the Dates” for our larger events. If you missed those, please note the following: • July 15 YLC Clerk of Court Luncheon and CLE • July 22 Redistricting Luncheon and CLE • August 19 Mental Health Luncheon and CLE pending • August 25 Baseball with The Bar • September 16 Downtown Dash • October 21 Pro Bono Awards Luncheon • November 12 “Golden” Bench Bar Gala (at The Westin) • December 2 YLD Holiday Fiesta • December 8 LCBA Holiday Party

Keith Grossman, Esq.

CREATIVE DIRECTOR April Bordeaux

ADVERTISING ACCOUNT EXECUTIVE

Ryan Gonzalez | advertising@conricpr.com

FEATURE WRITER

Keith Grossman, Esq.

CONTRIBUTING WRITERS Tiffany Pereira, Esq. Lauren Baugh Henry Lee Paul, Esq. Alexandra Kleinfeldt, Esq. Travis Russell, Esq. Agnieszka Osowicka, Esq. Blake Hampton, Esq.

Many more events are going on, so visit our Facebook page, as well as our website, to see the full listing.

We continue to seek sponsors for various events. Currently, I need sponsors for our Downtown Dash — a 1-mile race in Downtown Fort Myers and our “Golden” Bench Bar Gala. If you are interested or know someone who should be involved, please reach out!

Are you looking to build your book of clients? We are in our renewal and application period for our Lawyer Referral Service (LRS). The annual membership fee for LCBA members to join the LRS is ONLY $150. If you’re not a member and want to take advantage of this referral source, the fee for NON LCBA Members is $400. Contact me and I will gladly assist you with LCBA and LRS membership information.

A great opportunity to network with other lawyers, sponsors, firms, etc. across the state is coming up this month. The Florida Bar Voluntary Bar Leaders Conference is an exciting time. Each year, I go to the conference and return with ideas for CLEs, sponsor leads, contacts for other Voluntary Bar Associations (VBAs) and friends. I highly recommend attending this conference if you want to have any role within the VBA circle.

Did you know we are currently in our annual Member at Large nomination period? If you, or someone you know, would like to join our rockstar group of board members, please send in a nomination form.

CONTRIBUTING PHOTOGRAPHER Jim Jett Photography

BILLING INQUIRIES 239.334.0047

Res Gestae is an award-winning magazine published monthly by CONRIC pr + marketing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to resgestae@leebar.org.

We make every effort to ensure the accuracy of the information published, but we cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae or CONRIC pr + marketing.

Copyright©2022 Lee County Bar Association Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission from the Lee County Bar Association. To inquire about such permission, please contact the Lee County Bar Association at Info@LeeBar.org.

Lauren Baugh, Executive Director LBaugh@LeeBar.org | 239.334.0047 Ext. 102

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5237 Summerlin Commons Blvd., Suite 307, Fort Myers, FL 33907 239.690.9840 | ConricPR.com | Info@ConricPR.com LeeBar.org

July 2022

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calendar of events Dates of some practice section meetings have not been confirmed. Check LeeBar.org for details!

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Independence Day

LCBA offices and courts closed

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LCBA YLD and Clerk of Courts Luch and Learn CLE

Noon - 1 p.m.

Topic: Introduction to Court Records Inquiry and eCertify Speakers: Kevin Karnes, Lee County Clerk of Courts and Yesenia Castro, CPM Community Relations Manager of the Lee County Clerk of Courts Office Location: Lee County Justice Center, Clerk of Courts Jury Room, 2nd floor Register: LeeBar.org

July

Hello

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Learn (CLE pending)

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Noon - 1 p.m.

Speakers: Senator Ray Rodrigues, Lee County Supervisor of Elections Tommy Doyle and Lee County Commissioner Brian Hamman Location: The Edison Restaurant Sponsored By: Edison National Bank FREE for all LCBA Members $25 for all NON LCBA Members Register: LeeBar.org

LCBA Family Law Section Lunch and

Noon - 1 p.m.

Topic: “Mind over Matter…Mental Health from All Views of your Case.”

Speakers: Eileen M. McIltrot, LCSW and Joseph Prather, M.S., LMHC, CCMHC Sponsored By: to be announced Location: to be announced Register: LeeBar.org

LCBA IP Section Lunch and Learn (CLE pending)

Noon - 1 p.m.

Topic: NFT and Law: Intellectual property and other legal issues associated with mining, buying, and selling NFTs Speakers: Mark Nieds Esq, Holly McFall Esq and Melissa Jeda Esq. Sponsored By: Henderson, Franklin, Starnes & Holt, P.A. Location: Henderson, Franklin, Starnes & Holt, P.A. Register: LeeBar.org

LCBA Redistricting: Florida’s Changing Demographics and its Effect on Equal Representation in Government”

Visit us online at LeeBar.org to see more calendar items and RSVP for upcoming events.

Would you like to submit an event? Email your event submission to ResGestae@LeeBar.org.

Thank You to Our 2022 Annual Sponsors

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LeeBar.org

Linde Law New Ad

July 2022

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ethically speaking

Supreme Court hears argument on breach of mediation privilege by henry lee paul, esq.

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he Supreme Court heard oral argument involving allegations of breach of the Florida Mediation Confidentiality and Privilege Act (F.S. 44.401-406) (The Act) in Mintz Trappman P.A. v. Cozen O’Connor, PLC, SC20-1225.

The immediate issue before the Court was whether to uphold a ruling by the 3d DCA to issue a writ of prohibition preventing the maintenance of the claim.

Oral argument was held on May 3, 2022.

The underlying facts involve the perils of breaching the mediation privilege. A privileged mediation communication includes verbal, non-verbal or written communications intended to make an assertion in relation to mediation. The case involved a first party insurance property damage claim filed by Mintz Trappman (Mintz) on behalf of their insured client. The case was removed to federal court and resolved through mediation for $125,000.00 in property damages, with statutory attorney’s fees to be awarded pursuant to F.S. 626.9373.

In seeking fees more than $800,000.00, Mintz asserted that the settlement represented “100% of the property damage sustained from the plumbing

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loss at issue.” In response to the motion for fees, Cozen O’Connor (Cozen) disclosed information in the mediation demand that plaintiff had sought damages far in excess of the settlement.

The success achieved was an issue in determining the appropriate award of fees. The federal court ultimately awarded $259,502.81 in fees. Mintz made no issue of the breach of the mediation privilege in federal court. Instead, while the determination of fees was pending, they filed a new action in state court alleging breach of the mediation privilege and requesting damages allowed by The Act. In a motion to dismiss filed in the circuit court, Cozen attached the mediation demand. Subsequently, after the motion to dismiss was denied, Cozen filed a petition for a writ of prohibition, which was granted by the 3d DCA. Cozen alleged that the exclusive remedy for breach of The Act belonged with the federal court and that the circuit court was without jurisdiction to consider the claim. Mintz sought and was granted review by the Supreme Court based on conflict with its prior decisions.

Although the jurisdictional issues LeeBar.org

involving the writ of prohibition brought this case to the Supreme Court, the underlying ethical issues involving alleged breach of The Act should be of interest to litigators. Cases have been dismissed as a sanction for violating the confidentiality of a mediation. See, Paranzino v. Barnett Bank, 690 So. 2d 725 (Fla. 4th DCA 1997). Additionally, violation of the privilege could subject a lawyer to sanction for violation of The Rules of Professional Conduct, including Rule 4-3.4(c) (Disobey Rules of Tribunal).

Mintz is seeking damages in the underlying case, including additional attorney’s fees and equitable relief.

However, the Supreme Court resolves this case, it is a reminder that breach of the mediation privilege can result in adverse consequences and possible discipline.

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July 2022

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legal lens The Annual Lee County Bar Association Foundation Charity Golf Tournament was held at The Forest Country Club.

For more pics, check out the gallery at LeeBar.org

Photos courtesy of Jim Jett Photography

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Photo courtesy of Jim Jett Photography

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LeeBar.org

legal lens xx

July 2022

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LeeBar.org

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July 2022

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guest attorney

What is a Guardian Ad Litem?

A Summary of the role of a Guardian Ad Litem in Family Law Cases

by alexandra kleinfeldt, esq.

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Guardian Ad Litem (GAL) assumes an important role in family law cases involving minor children.

A judge appoints a GAL to investigate issues relating to a particular family situation and to provide the court with information ensuring that the best interest of the minor children is protected. The GAL functions as the “eyes and ears” of the court.

Regrettably, minor children are often innocent victims in the middle of a war between their parents. A GAL can take on a significant role in family disputes over time-sharing, parental responsibility, or even relocation when assisting the court by providing insight into the unique family situation and dynamics.

Often, parties and their attorneys do not understand the role of a GAL. They believe that a GAL acts like a parenting coordinator, facilitator, mediator, case manager, or the child’s “advocate.” The GAL often must correct this misconception. To shed light on the role of a GAL, we should look at Section 61.401 of the Florida Statutes, which governs the appointment of a GAL in family cases. This section clearly states that “the court may appoint a guardian ad litem to act as next friend of the child, investigator or evaluator, not as attorney or advocate.” The role of a GAL is clearly stated in the Florida Statutes and even explains what a GAL is not. The Third District Court pointed out that a GAL is “regarded as the agent of the court,” Franklin & Criscuolo/ Lienor

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v. Etter, 924 So.2d 947, 949 (Fla. 3d DCA 2006), emphasizing that a GAL is not an advocate.

Additionally, Section 61.401 offers the court the discretion to “appoint legal counsel for a child to act as an attorney or advocate” but prohibits the same person to accept both roles. Such information is critical for the attorneys to provide to the parties. Parties tend to call a GAL and inquire about the status of the case, complain about why time-sharing has not been changed yet, or request assistance in resolving issues. While cooperation by attorneys and parties is necessary for a GAL to conduct their investigation, a GAL cannot become involved in vindicating one party’s rights. However, attorneys and parties may reach out to the GAL and inquire about the GAL’s investigation on an issue to use this information in reaching a resolution.

Parties tend to become frustrated or irritated because of the misguided conception of the role of a GAL that has been presented to them. Explaining the proper role of a GAL from the onset allows the parties to have realistic expectations and prevents these negative interactions between the GAL and the parties.

Another important part of a GAL’s involvement in a case is their attendance at hearings, mediations, depositions, or other court proceedings. The GAL’s attendance assists the GAL in their investigation. Therefore, a GAL should also be included in the service of LeeBar.org

pleadings and documents to further their investigation. However, it is imperative to understand that a GAL should only be present at proceedings relating to matters involving the children. A GAL should not be involved in any discovery or financial dispute between the parents.

The lines between acting as a GAL and being an advocate/attorney for the children can easily be blurred if the parties and attorneys involved in a case do not understand the proper role of a GAL. Strengthening the GAL’s effectiveness as a factfinder for the court can only be accomplished by understanding the precise nature of the GAL’s function. Everyone involved in the case must avoid undermining the GAL’s factfinding role by imposing or assigning new and additional tasks and obligations on the GAL. Overall, for the GAL to be the effective factfinder and investigator for the court by keeping the best interest of the children in mind requires the understanding and cooperation of everyone involved in the case, most importantly from the attorneys and parents.

Alexandra Kleinfeldt, Esq. is the co-chair of the GAL Committee and the founder of Kleinfeldt Law Firm, PLLC where she practices in the area of Family Law, Guardianships, Estate Planning and Probates.

She also serves the community as a Guardian Ad Litem, mediator, and arbitrator.

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by keith grossman, esq.

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LeeBar.org

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“It’s an opportunity to learn and share” in an informal setting, says Cosby. She also distinguishes the Inn of Court from other VBAs by saying, you are “steeping yourself in professionalism and civility”.

he Florida Voluntary Bar Leaders Conference is being held July 8-9 at the Vinoy Renaissance St. Petersburg Resort. The annual conference is designed as a place where local and specialty bar leaders gather to network, share the latest best practices and management techniques and discuss issues facing attorneys. The 2021 conference had representatives from approximately 45 organizations participate.

Voluntary Bar Associations (VBAs) are comprised of statewide, regional and local organizations.

These organizations are typically identified by geographic area (i.e. the Lee County Bar Association), by practice area or by affiliation with a particular group (such as the Miguel C. Fernandez Hispanic Bar Association). There are approximately 300 voluntary bar associations in Florida.

The Inn of Court offers a community service component, as well. In the past, the members have assisted local food banks and Habitat for Humanity. Cosby says, “I raised a house with George Knott, his wife and Henry Paul. It was a lot of fun.”

Voluntary bars are a vital part of networking for any lawyer, paralegal or law student. Our VBAs in Florida provide opportunities that the Florida Bar is unable to provide. - Lauren Baugh

LCBA Executive Director Lauren Baugh says, “Voluntary bars are a vital part of networking for any lawyer, paralegal or law student. Our VBAs in Florida provide opportunities that the Florida Bar is unable to provide.”

Because of COVID, it has been more difficult to participate in those types of activities.

Instead, Cosby explains during her presidential term, she has shared a focus on mental health at each meeting. Her goal is to provide support and ideas to improve mental health that will spread beyond the members in attendance.

Cosby says being a member of the Inn of Court “is a deeper voluntary bar association experience”. The Inn of Court provides a more concentrated environment and more frequent access to other attorneys and judges.

Baugh continues, “VBAs get to create fun events for our members to attend while providing a social or educational environment for people who can both relate and understand what your general day-to-day is.”

The opportunities to interact provided by VBAs not only foster relationships, they also build a lawyer’s reputation.

Strong relationships, a solid reputation and a diverse referral network are not only valuable for the individual lawyer, they also benefit the lawyer’s firm.

Besides meeting other lawyers, the networking opportunities also builds a community where lawyers, judges and other professionals who provide related services can get to know each other and work collectively.

Interacting regularly with other professionals within the legal community usually leads to productive and professional work relationships. Furthermore, building these relationships creates social relationships as well as a referral network.

“The firms should always support their local bar associations, encouraging their attorneys to participate. Any local bar is a great referral source, a chance for your firm to get their name out there in the like-minded community to build and maintain professional relationships. Most voluntary bars also provide a source for attorneys to meet the judiciary and other dignitaries, which is always of benefit,” says Baugh.

In addition to networking opportunities, VBAs serve as a place:

Attorney Holly Cosby is finishing her term as President of the Calusa Inn of Court. The Calusa Inn of Court is a Lee County organization affiliated with The American Inns of Court. The mission is to advance the rule of law by achieving the highest level of professionalism through example, education and mentoring.

Cosby explains the format of the Inn of Court is through pupilage groups. Small groups of attorneys and judges work together to analyze areas of law. They also present these topics to the whole membership, and these presentations typically offer CLEs that are harder to obtain.

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for lawyers to obtain continuing legal education;

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for lawyers to participate in pro bono work;

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to share developments in the law;

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to report on legal trends; and

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to educate the public about legal issues.

Baugh says, “Most VBAs provide free or lower cost CLE opportunities, both electronically and in person to further the education of the membership. The goal of the LCBA is to aid our legal community with continued education July 2022

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opportunities and legal networking that is both fun and provides a circle of referral sources for our members. The LCBA also provides an outlet to create a safe space to discuss the stresses of this career field and how to deal with them without burning out. We do all this through CLE, social events, health Lauren Baugh and wellness events and through our various Committees and Sections.”

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CopyLady,

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Imagine Wellness Spa,

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The Luminary,

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Sidney & Berne Davis Art Center and

Holly Cosby, Esq.

As the largest VBA in Lee County, the LCBA is also able to offer discounted rates to advertise in the organization’s legal publication (Res Gestae), as well as offer discounts on services relevant to the legal community. Available discounts include: CaseText Legal Research,

Fort Myers YMCA,

• Waterman Broadcasting (NBC2 and ABC7).

“At the LCBA, we love working with other VBAs. That gives us a chance to learn about other’s events, CLEs and the like. Thus, we are learning how to improve and what we can offer and maybe not offer. We can make a better VBA experience for our members.”

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The other great thing about VBAs is you can join as many of these organizations as match your needs and interests.

For example, the Miguel C. Fernandez Hispanic Bar Association was created in 2019 to promote and foster the advancement of the Hispanic legal profession as well as the larger Hispanic community. The Calusa Inn of Court was created in 1995. It caps its membership at 90, usually levels out at approximately 80 members.

Cosby says attorneys should be involved in as many VBAs as possible “if you have the time” and are able to do so without jeopardizing your own health and wellness.

Baugh says, “I would encourage anyone to join as many networks as possible. Each VBA gives a different take on a voluntary bar, and each one offers something different.”

LeeBar.org

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July 2022

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special feature

a mountain of debt

by keith grossman, esq.

S

tudent debt is a serious consideration when deciding to attend law school. Although attorneys generally make a good income, a big portion of an attorney’s paycheck may be going toward covering the costs of their education, which can stretch to hundreds of thousands of dollars.

also factor in. A law student needs to plan for three years of tuition, textbooks, room and board and other living costs.

The attorney told Zekri, “If I can give you one piece of advice, it’s go to a public university.”

To manage these costs, some students continue to work full time while attending law school in the evening. Others plan out their financial path well before starting law school.

In an American Bar Association Young Lawyers Division survey, 90% of respondents had student loan debt. On average, respondents had $108,000 in J.D. loans and $130,000 in loans combined with undergraduate debt. Families are even questioning whether a traditional college education is worth the cost. In a recent poll by Gallup, 46% of parents said they would prefer their child pursue something other than a bachelor’s degree, and more than one-third cited finances as an obstacle.

Iman Zekri, an attorney with Henderson Franklin, was able to obtain her undergraduate degree without accumulating any debt. She intended to go to a graduate school, and she had the benefit of watching her older siblings’ experiences and how they managed their finances.

Armed with that information, Zekri set her sights on the University of Florida law school. With her hard work, and a little bit of good fortune, Zekri was able to graduate law school at UF with no student loans. She accomplished this with a partial scholarship, savings she accumulated as an undergraduate and a small loan from her parents.

The average cost of law school tuition varies based on the type of school you attend. Private or public. In-state or out-ofstate tuition. Location and school ranking

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Zekri attended Florida Gulf Coast University, which allowed her to live at home her first four years. While at FGCU, she completed her requisite service hours by interning at the Public Defender’s Office. She met an attorney there who had attended a private law school and was struggling to repay their student loan debt on the salary of a Public Defender.

LeeBar.org

University of Miami’s law school also offered Zekri a partial scholarship, but she decided it wasn’t the smart financial move. She says, “I would’ve been drowning in debt.”

Zekri is aware of friends who are struggling with repaying their law school debt. In the ABA Young Lawyers Division survey, approximately 40% of law school borrowers said they were unable to reduce their debt balance since graduation; 27% of borrowers said their debt balances had actually grown since graduation.

Casey Gartland, an attorney with The

Pendas Law Firm, is one of the many who have large student loan debt to manage.

Gartland’s family was not able to assist him financially. He says, “I had to finance my entire student education.”

Gartland graduated from college in 2008. It was during a recession, and he was unable to find a job. He returned to school to obtain a master’s degree. After receiving his master’s, he worked a few years as a paralegal. He then went to law school.

Although his three degrees are from public universities, he describes his situation as a “mountain of debt”.

According to Gartland, paying off student loan debt with the standard 10-year payment plan is cost prohibitive. He opted for an income-driven repayment plan.

These plans base federal student loan borrowers’ payments on their earnings and family size. After 20 or 25 years of payments, the remaining balance is forgiven, but that amount is taxable.

Most private lenders do not offer incomedriven repayment. Borrowers with private lenders could consider refinancing their student loans, which may allow them to

lower their interest rates.

Economic Security Act.

Public interest lawyers may qualify for faster or tax-free forgiveness through other programs.

President Joe Biden has been considering whether to issue a student-loan forgiveness plan, and at the time of this article, it appears the White House is finalizing plans for student debt relief of $10,000 per borrower. This plan would be for Americans earning below a certain income level, probably below $125,000-150,000 for an individual.

Gartland says his student loan debt affects “just about every decision I’ve made”. These decisions have included what law offices he has worked in, what cities he would reside, how much rent he can afford, whether he can purchase a home, etc. “The debt is always on my mind.”

When Gartland decided to attend law school, he participated in a pre-approval screening process and perceived it wasn’t going to be difficult to repay his student loans. He says, “It all made sense.”

However, he says the advisors didn’t talk to him about “the factors and roadblocks that are a normal part of life”.

His advice to future law students is “to save as much as you can and reduce the amount you have to borrow”.

Due to the pandemic, people with federal student loans have been granted forbearance with no interest since March 2020, under the Coronavirus Aid, Relief and

A large percentage of existing student loan debt is debt that is specific to attending graduate school. It appears the loan forgiveness plan will be for both undergraduate and graduate school debt.

It still must be determined if the president has the executive authority to forgive student loan debt or if the matter must go to Congress.

Another consideration for any loan forgiveness plan is how to handle private lenders. The federal government can cancel debt it owns, but would the government have to pay private lenders?

THE EMOTIONAL IMPACT OF STUDENT DEBT* The burden of student debt causes the majority of law graduates to feel negative emotions:

65.4% feel anxious or stressed 52.7% feel regretful or guilty 44.2% feel depressed or hopeless 41.8% feel inadequate 41.4% feel embarrassed or ashamed

*Source: 2021 ABA Young Lawyers Division Student Loan Survey Report

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July 2022

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past president

Marcy Shaw shares her life lessons in leadership by travis russell, esq.

F

or Marcy Shaw, Treasurer Mike Randolph, it all started in and Member-At-Large the 7th Grade Karla Campos-Anderson, at Rivera Middle organized a “joint project School in St. Peterburg, with the Collier County Florida when Shaw Bar Association and Lee was elected as Student County Bar Association.”

Council Vice President.

The event was dubbed, At a time when Swatch “Hockey Sticks and Watches were the “it” Building Bricks.” It was a item, Shaw ran on the Friday night hockey game, Marcy Shaw in 7th grade sporting the Swatch platform of “It’s Time with both respective watch that helped win her the election to Vote for Shaw.” She bars’ members and family made paper watches and attending an Everblades hockey game handed them out to her classmates. Shaw and reception afterward. This parlayed was right; it was her time. She was bit by into Saturday morning when the joint the leadership bug and hasn’t looked back since.

Executive Director, a real shining star!”

Upon graduating from law school, Shaw joined the Office of the State Attorney in Fort Myers. She became heavily involved with the Lee County Bar Association Young Lawyer’s Division. Shaw says it “was a great way to socialize and network with peers.”

Shaw also sought and obtained a grant from the Florida Bar Foundation for a Foreclosure Legal Assistance Project to assist anyone who was attempting to negotiate with their banks. The LCBA held monthly educational events for the public, set up a hotline to field calls from the public and provided pamphlets and checklists.

Shaw’s involvement allowed her to attend major Florida Bar events, such as the Voluntary Bar Leadership Conference.

Shaw was happy to be in a place so “fostering of Bar service.”

Shaw was elected the LCBA MemberAt-Large in 2003. She worked her way towards becoming President in 2008.

For her term as President, Shaw’s goal was to “have LCBA spread its wings.”

With a focus on a greater presence in the non-legal community, Shaw and her Executive Board, consisting of VP Keith Grossman, Secretary Andrew Epstein,

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The2003-2004 LCBA executive board: J. Tom Smoot, III 2006, Marcy Shaw 2008, Paul E. Liles 2007, Miguel C. Fernandez, III 2005, Dennis L. Webb 2004, Miles A. McGrane, III, President of The Floria Bar, Scott Weinstein 2003

bars reconvened to volunteer with Habitat for Humanity. Shaw says the event “was very well received, and there was a great turnout.”

Shaw further indicated she could not have pulled it off without the help of her Executive Board, and specifically, the help of then-Executive Director, Nanci DuBois. Shaw says, “Nanci was an amazing LeeBar.org

Shaw also oversaw a significant expansion to the LCBA CLE library, where members found a vastly expanded database for learning and CLE credits. The Board was able to set aside the funds necessary to update and refresh the CLE library.

As President in 2008, Shaw also found herself in a unique situation – dealing with the housing market crash. True to her form, Shaw took the reins and attacked that situation head-on. She oversaw special programs aimed at addressing the housing crisis. LCBA partnered with Florida Rural Legal Services to provide Pro Bono assistance in conjunction with the Mortgage Foreclosure Task Force.

Shaw found a wealth of resources in the local legal community that was ready, willing and able to lend a helping hand.

“Don’t be afraid to tap into the generosity of the Lee County legal community. They will always answer the call for help.”

Travis Russell, Esq. practices in the Office of the Public Defender, 20th Circuit. He is the Vice President of the LCBA Young Lawyers Division, serves on the Board of Directors for Lee County Legal Aid, and is a member of the Calusa American Inn of Courts.

850 Park Shore Drive | Trianon Centre, 3rd Floor | Naples, FL 34103

Lee County Bar Association Nomination Form for two 2023 - 2024 Executive Council Member-at-Large I, _____________________________ nominate the following LCBA member in good standing for the position of 2023 - 2024 Executive Council Member-atLarge: Date: _______________________________________ Nominee’s Name: _______________________________________ Law Firm: _______________________________________ Comments: _______________________________________ _______________________________________ _______________________________________ Complete electronic nomination form online at www.leebar.org or E-mail to: Fax to: Mail to:

LBaugh@leebar.org (239) 334-0523 LCBA PO Box 1387 Fort Myers, FL 33902-1387

*Candidate Nominations will be accepted until close of business day on Thursday, September 15, 2022.

BALLOTS will be e-mailed by Friday, October 14, 2022.

VOTING CLOSES Tuesday, November 15, 2022 at 5:00 p.m.

July 2022

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legal lens LCBA held the first Burritos with the Bench on June 1 in Courtroom 5J of the Lee County Justice Center. The LCBA members-only luncheon was for a social for lawyers, paralegals, judicial assistants and judges.

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Tiffany Pereira, Chief Judge Michael McHugh, Lauren Baugh Attendees at the luncheon Judge H. Andrew Swett, Judge Robert Branning, Judge Lisa Porter, Judge Archie Hayward Peter Knize enjoys a taco while socializing with colleagues

1

The LCBA held a networking and social gathering at FineMark Bank on May 26, the "raise the bar" event.

Gourmet hors d'oeuvres were prepared

by FineMark's Executive Chef, Jillian Lane, along with handcrafted cocktails.

5.

6.

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8.

9.

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Judge Jack Weiss, Bill Berke, Keith Grossman Joseph Abreu, Katherine Camadeco, Tiffany Pereira, Joseph Coleman Stacy and Bill Haverfield Daniel Landfried, Patrick Halvarson, Judge Archie Hayward Chelsea Maukonen, Tiffany Pereira, Amanda Bartley For more pics, check out the gallery at LeeBar.org

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3

4

6

7

9 LeeBar.org

Photos courtesy of Jim Jett Photography

1.

xx 100 club Is your firm part of the 100 Club? Any firm with two or more attorneys and 100% membership in the LCBA qualifies.

Absolute Law, P.A. All Injuries Law Aloia, Roland, Lubell & Morgan, PLLC. Arend & Sisk, P.A. Associates & Bruce L. Scheiner, P.A. Banker, Lopez & Gassler, P.A. Boy Agnew Potanovic Miller, PLLC. Boyle & Leonard & Anderson, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC. Calvo & Calvo, Attorneys at Law Che Diaz Law, LLC. Cole Scott & Kissane, P.A. - Fort Myers Freidin & Inglis, P.A. Garvin Law Firm

Goldberg|Noone|Abraham Personal Injury Atttorneys Goldstein, Buckley, Cechman, Rice & Purtz, P.A. GrayRobinson, P.A. Green, Schoenfeld & Kyle, LLP Hahn, Loeser & Parks, LLP John Webb Legal Group, P.L. Kagan Law Firm Kelleher Law Knott Ebelini Hart Law Offices of Dennis L. Webb, P.A. Law Offices of Michael M. Raheb, Criminal Lawyer Law Offices of Scott T. Moorey Lee County Legal Aid Society, Inc. Men's Rights Law Firm

Osterhout & McKinney, P.A. Patrone, Kemp & Bentley, P.A. Pavese Law Firm Roetzel & Andress, L.P.A. Rubinstein & Holz Scarmozzino / King Trial Lawyers Sheldon E. Finman, P.A. Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A. Spivey Law Firm, Personal Injury Attorneys, P.A. Strayhorn and Persons, P.L. Wilbur Smith, LLC Yeslow & Koeppel, P.A.

If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.

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the dish

Embraces a casual lifes by lauren baugh

T

here are many restaurants here in Lee County, many of which are unique in their own right. One of these unique restaurants is one where you can go to Happy Hour and see many of your legal community colleagues regularly. That restaurant is…Hooters!

When someone says Hooters, I always immediately think of the one on US 41 near the Edison Mall. It never fails when I walk in the restaurant, I see at least one table with people I know – people I work with, people I grew up with, friends, etc.

I consider Fort Myers Hooters a true neighborhood staple. The staff changes, but it remains the same as it has been. I remember as a kid going with my family for various charity events, concerts or just a Saturday wing stop.

On the day I am in Hooters to write this edition of “The Dish”, I am sitting near the kitchen expo area, so I can get the full perspective of what goes on. I am sure this is one of the busiest lunch spots in town. I am honestly surprised how incredibly efficient the kitchen staff is. They all have their specific spot to manage, and they work well together. It’s a well-oiled machine.

The guy finalizing touches on the dishes that servers take to the tables is clearly in

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charge. He receives a plate, makes sure it matches the ticket and calls out that it’s ready. The servers hear him from across the restaurant. He is not yelling loud; the whole place is just running smoothly.

Most people think of Hooters for their… wings. I think of their chicken sandwiches.

Perhaps an unpopular opinion, but their chicken sandwich beats their wings any day of the week. They have perfected grilling chicken.

Another staple I order each time I go there is the fried pickles. I will argue with anyone that they have the absolute best fried pickles and dipping sauce. They are fried to perfection and remain crisp. That is hard to do, and they have hit the nail on the head.

Another fan favorite is the curly fries, which you can opt to get with cheese sauce. While it sounds bizarre, it is actually really a great combo.

For those looking to eat on the healthier side, Hooters also offers a variety of salads.

I guess I cannot write this story without mentioning what I am sure each reader is thinking about when reading the word “Hooters”. That is their beer! After all, an ice-cold Budweiser with a piping hot chicken wing is a great combo.

LeeBar.org

style and appeals to all ages In Florida, we certainly embrace a casual lifestyle, and this place offers that. When you sit outside and people watch, you see doctors, lawyers, businesspeople, parents, kids and families. One of the reasons Hooters is such a successful and longstanding business is its appeal to all ages. There are plenty of TVs to watch sports, a variety filled menu and cold beer.

Hooters offers great service, great food, a great time, and it’s reasonably priced. It’s a fun place for the whole family; young and vintage alike.

4411 Cleveland Ave, Fort Myers, FL 33901 (239) 766-7950 Monday - Thursday 11AM–11PM Friday - Saturday 11AM–12AM Sunday 11AM–10PM hooters.com/locations/31703-ft-myers

Photos top row: salad; chicken sandwich with cheese, curly fries and beans; curly fries with cheese sauce Photos bottom row: chicken sandwich, regular chicken wings with sauce on the side, fried pickles July 2022

Lauren Baugh is the Executive Director at Lee County Bar Association and can be reached at lauren@leebar.org.

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new members Donna Artrip, Esq.

Cassandra Jude, Esq.

Yveline Paul, Esq.

Yesenia Castro, CPM

Leo Kremenchucker, Esq.

Caleb Pringle, Esq.

Community Relations Manager Lee County Clerk of Courts Office

Kremenchucker Law Firm, P.A.

Adam Cretella, Esq.

Leticia “Letty” Lundquist, Esq. Morgan and Morgan

Shanelle Winn, Paralegal

Donna M. Artrip, Esq.

Linde Law Group

Cody Frank, Esq. Brown Sims

Shawn Gillispie, Esq.

Cole, Scott & Kissane, P.A.

Melina Gray, Esq.

Office of Public Defender

Cole, Scott & Kissane, P.A.

James Massey, Paralegal Rubinstein & Holz

Otis Mehlberg, Esq.

Bosson Legal Group, P.C.

Joshua Molandes, Esq Anidjar & Levine

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member spotlight

Agnieszka Osowicka, Esq.

1. I am originally from Poland. I moved here when I was 8 years old. We came here for a better life. When we left Poland, communism was just ending, and we did not want the lifestyle we had.

2. I became a US Citizen when I was 15 years old with my parents. We went to Tampa, where my parents had to answer questions/take a test. Then, we went into a big room where everyone who passed was sworn in.

3. I am a crazy person waking up at 4:00 am to work out every day, even on vacation! My drive comes from 1) the feeling of strength, health and energy from exercising every day and 2) from my boyfriend, Paul, who is always encouraging.

4. I love traveling. We just returned from our first cruise, and it was our first time in Alaska. Alaska is now one of my favorite places. I have visited many countries in Europe, and we have been exploring more of the US too. We have now explored approximately 15 states.

5. Most of all, I love hiking. I always try to hike 15+ miles. My favorite hiking is in the Panthertown portion of the Blue Ridge area of North Carolina. You have long views and beautiful waterfalls.

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sponsor spotlight

Blake Hampton, Esq.

1. I’m a huge fan of cycling and every summer I look forward to watching the Grand Tours. I’ve been known to wake up at 4 a.m. just to catch the races, depending on what time they air in Europe or the world.

2. My younger brother, Grant, has special needs. Many people don’t realize that he is my inspiration for practicing law in the areas of Estate and Special Needs Planning.

3. I love going to techno concerts and getting to know various DJs. For me, music is all about a time and place, not necessarily a favorite track or genre.

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5. I’m passionate about sustainability and environmentalism. Hampton Law maintains digital files, recycles and works in various ways to eliminate paper waste.

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in the news

Pavese Law partner Christina Harris Schwinn has been elected as incoming President of the North Fort Myers Rotary Club by its members, and will serve for the term of one year starting July 1. She was inducted into her presidency the evening of May 14, at the Magnolia Country Club in North Fort Myers.

ZinnLaw is pleased to announce Richard F. DeVall has joined the firm as a litigation attorney. DeVall is admitted to practice in Florida and New York and has extensive trial and appellate experience. With over 30 years of experience, he has served as a former prosecutor, an assistant district attorney, and an arbitrator. Mr. DeVall will concentrate his practice in the areas of contract law, real estate disputes, and construction litigation.

Goldstein, Buckley, Cechman, Rice & Purtz donated $25,000 to KindLee, a nonprofit that supports children in need and other community causes. “We are happy to support KindLee and the acts of kindness it celebrates and fosters in our community,” said Andrea Smith, attorney and partner for Goldstein, Buckley, Cechman, Rice & Purtz. “Many of the organizations the firm supports are involved with helping children, including our annual Toys for Tots and school supply drives.”

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P.O. Box 1387 Fort Myers, FL 33902-1387

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