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IT'S BACK! Annual LCBA Foundation golf tournament returns

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Inspire personal and professional growth THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • MAY 2021

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contents on the cover

ad directory

The Annual LCBA Foundation Charity Golf Tournament is back! Spencer Cordell, Esq.

special features

Mentoring: A Shoulder to Lean on and Wings to Fly

20 On the Cover: 2021 LCBA Golf Tournament Committee - John Webb, Spencer Cordell, Ehren Frey, Michael Anthony Pica, David Seitz, Travis Russell, Shannon Puopolo, Katherine Cook, Tiffany Pereira, Lauren Baugh. Photo courtesy of Jim Jett Photography

Keith Grossman, Esq.

departments 6 Letter from the President

26 Guest Attorney Column

8 Letter from the Executive

Blake Hampton, Esq.

Director

Lauren Baugh

10 Calendar of Events 12 Ethically Speaking

Henry Lee Paul, Esq.

14 Practice Section

Corporate Law

Ali Olivo, Esq. & Mairin Roepstorff, Esq.

16 LCBA Foundation Spotlight

Kristalyn Loson, Esq.

18 Legal Lens

LCBA Annual Bench Bar-B-Que and Shrimp Boil

22 100 Club

Biden Administration Initiates Roll- back of Trump Labor Policies Scott Atwood, Esq.

28 Legal Lens

"The Baker Act" Luncheon

30 The Dish

Mission BBQ Lauren Baugh

32 New Members 34 5 Things You Don't Know

About Me Rich Haberle

36 5 Things You Don't Know

About Me Kelleher Law

38 In The News

Aloia, Roland, Lubell & Morgan, PLLC IBC Barbara Pizzolato 33 Bounds Law Group 17 Boy, Agnew, Potanovic 9 Business Observer 15 Calvo & Calvo Attorneys at Law 33 CONRIC PR & Marketing 29 Cummings & Lockwood, LLC 32 Dal Lago Law 15 DeMine Immigration Law Firm 35 Denise Kennedy 37 Direct Impressions 37 Donna Tisch 31 Edison National Bank BC Frank Piazza, P.A. 22 Gulf Shore Investigations 23 Heather Fitzenhagen 35 Henderson, Franklin, Starnes & Holt, P.A. 11 Henderson, Franklin, Starnes & Holt, P.A., Robert C. Shearman, Esq. 19 Imagine Wellness Spa 11 Joshua Tree Counseling c/o Spiro & Assoc 13 Kelleher Law, PA 13 Lake Michigan Credit Union 7 Law Firm of Scott T. Moorey 9 Law Offices of Dennis L. Webb 36 Leonard P. Reina 23 Mark B. Yeslow 19 Markham Norton Mosteller Wright & Company PA 29 McHale, P.A. 19 Men's Rights Law Firm 23 Musca Law Office, Inc. 3 REAS, Real Estate Advisory Services, LLC 35 Roetzel & Andress 34 Sanibel Captiva Community Bank IFC Sheldon E. Finman, P.A. 37 Spivey Law Firm Personal Injury Attorneys, P.A. 5 Sproat Workplace Investigations 17 Stockman Mediation 15 The North Law Firm, P.A. 32 Wright Mediation 33

Our advertisers support the Lee County Bar Association.

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LeeBar.org

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president's letter I am recognizing the life and contributions of Patrick E. Geraghty, Sr. and Frank A. Pavese, Sr. Our community recently lost two of its most accomplished citizens and highly-regarded attorneys.

LEE COUNTY BAR ASSOCIATION administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

executive council

Geraghty graduated from the University of Florida law school and upon graduation, he moved to Fort Myers and joined Henderson Franklin. After 20 years, he then established his own highly successful law firm.

John Miller, III, Esq. Andrea Pleimling Smith, Esq.

committee chairs

Looking at upcoming events, May is our annual Golf Tournament. I was on the LCBA Board in 2017 when we voted to transfer the responsibility of the golf tournament to our newly created Foundation. A special thanks to Shannon Poupolo, Ken Jones, Tiffany Pereira, and the whole Golf Tournament Committee for making each year better and better.

BENCH-BAR GALA

LAW RELATED EDUCATION

Danielle Butler, Esq.

T. Rankin Terry, Esq.

DIVERSITY AND INCLUSION

LAW WEEK

Ita Neymotin, Esq. and Kelly L. Fayer, Esq.

Hon. John S. Carlin

HEALTH AND WELLNESS

LCBA FOUNDATION CHARITY GOLF TOURNAMENT

John Miller, Esq. and Joel Hyatt, Esq.

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

HISTORY

MOCK TRIAL

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

Shaina Zuppke, Esq. and Eunice Gedeon, Esq. PRO BONO

Shanthy Balachanthiran, Esq.

practice section chairs ALTERNATIVE DISPUTE RESOLUTION

IMMIGRATION LAW

Anne Dalton, Esq. and Bill Merchant, Esq.

Indera DeMine, Esq. and Nirupa Netram, Esq.

APPELLATE LAW

INTELLECTUAL PROPERTY

Alex Brockmeyer, Esq. and

Luca Hickman, Esq. and Mark Nieds, Esq.

CORPORATE LAW

Mairin Roepstorff, Esq. and Alicia Olivo, Esq.

LAND USE AND GOVERNMENTAL LAW

CRIMINAL LAW

Sarah Spector, Esq. and Erica Woods, Esq.

Kathleen Fitzgeorge, Esq. and Leah Harwood, Esq. ELDER LAW

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

Christina Holly, Esq. and Mellany Marquez-Kelly, Esq. GENERAL CIVIL AND BUSINESS LITIGATION

Carlos Kelly, Esq. and George Knott, Esq.

Blake P. Hampton, Esq. Blake@Hampton.law | 239.309.0090 RES GESTAE

TREASURER

Spencer Cordell, Esq.

BOARD MEMBERS

Thank you to everyone who attended both our April Mental Health luncheon and our Downtown Dash event. I tried running a mile in under six minutes as I did in high school, but that might be a thing of the past.

VICE PRESIDENT

Tiffany Pereira, Esq.

Peter Knize, Esq. Michael Anthony Pica, Esq.

Both will be missed by their families and by the legal profession. I hope you take a moment to reflect on their achievements.

Through the generous contributions of LCBA members, the Lee County Bar Association Foundation continues to fulfill its mission of connecting the attorneys of the Bar to the needs of the Lee County community. In its 4th year, the Foundation received a record number of grant applications this winter grant cycle. Through your support, The Foundation provided grants to 22 organizations. This support provides a lifeline to many families who have lost a parent, young adults aging out of the foster care system and adults experiencing mental illness who are seeking health services. The need is great. Help the Foundation increase the number of organizations we support by attending the Golf Tournament on Saturday, May 15, 2021.

SECRETARY

Kathleen Smith, Esq.

YLD President - Shirlarian "Shae" Williams, Esq. President Emeritus - Matthew Roepstorff, Esq

Like myself, Pavese graduated from both Fort Myers High and the University of Florida. He was a distinguished World War II veteran and founder of the highly reputable Pavese Law Firm.

In addition to having golf on the mind, May is Asian-American Heritage month. To my knowledge, the LCBA has not focused on Asian-Americans in the legal profession before, and this is an unfortunate oversight. However, reliable sources tell me that changes soon. Our June luncheon is our annual Diversity and Inclusion Luncheon and our topic includes Asian-Americans in the legal profession.

PRESIDENT

Blake Hampton, Esq.

LeeBar.org

REAL PROPERTY, PROBATE AND TRUST LAW

Jennifer Hammond, Esq., Kenneth Kemp, Esq., and Peter Knize, J.D., L.L.M. SOLO & SMALL FIRM

Conor Foley, Esq. TORT LITIGATION

Dawn Maselli, Esq.

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executive director's letter Boy, oh boy, was April a busy month for us! Many of our Sections and Committees offered a variety of CLE opportunities. We also had an amazing Membership Meeting Luncheon and CLE titled “The Baker Act: What is it? And Why You Should Know”. Many local health organizations’ members joined us to learn about this Act and our panelists’ perspectives on it, which varied based on their involvement in the Baker Act process. I found it fascinating, as I was not familiar with the details of the Act itself.

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

staff PUBLISHER

Connie Ramos-Williams | 239.690.9840 Ext. 1001

EDITOR-IN-LAW

Tiffany Pereira, Esq.

MANAGING EDITOR Keith Grossman, Esq.

CREATIVE DIRECTOR April Bordeaux

A few short hours after the luncheon, we had our 2nd Annual Downtown Dash. It was a huge success! We had nearly 200 runners, walkers, skippers, and power walkers come out to participate, and we are thankful for our sponsors and donors that helped organize this event. We are proud to announce we were able to donate $8,000 to the Fort Myers YMCA. The Fort Myers YMCA will use this money to issue scholarships to the kiddos in the community who otherwise would not be able to attend the many YMCA youth sports and kid care programs. It was great to see our mayor come out and support this event as well! May is no exception to the busy season for the LCBA, as well as the LCBA Foundation. We have our Foundation Annual Charity Golf Tournament on May 15, and we are SO excited. Much like many events, we had to skip this for 2020. 2021 is a new year, and we are kicking this event off with some outstanding sponsors, golf teams and of course, our auction items! Be on the lookout for an announcement with our AMAZING auction items. You are not going to want to miss out on this Golf Tourney. I have never been to one of these, but I am excited to join in on the fun. As a reminder, we have amended our Bylaws to include some new membership categories, so if you have not been able to join the LCBA before, you may qualify now. I am proud to announce we are welcoming Cynthia Duff with CopyLady as an Affiliate Member and our first Paralegal Member, Mr. Rich Haberle, who will be chairing our new Paralegal Committee. As always, if you have an idea for a CLE presentation, please reach out to me at lbaugh@leebar.org and let’s get it planned!

ADVERTISING ACCOUNT EXECUTIVE Lisa Doyle-Mitchell | 239.851.4729

FEATURE WRITER

Keith Grossman, Esq.

CONTRIBUTING WRITERS Blake Hampton, Esq. Lauren Baugh Henry Lee Paul, Esq. Ali Olivo, Esq. Mairin Roepstorff, Esq. Kristalyn Loson, Esq. Spencer Cordell, Esq. Scott Atwood, Esq. Lauren Baugh Rich Haberle Jim Kelleher, Esq.

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©2021 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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May 2021

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

MAY

5 9

Cinco de Mayo Mother's Day

LCBA ADR Virtual CLE

Noon - 1 p.m. Topic: “Run the Table, Using Social Science Research, Strategic Graphics & Trial Technology in your Online Arbitration” Speakers: Stuart Miles, PhD, Diana Bullard and Greg Cassin with DecisionQuest, a division of US Legal Support.

LCBA RPPTL Virtual CLE

Noon - 1 p.m. Topic: “2021 Florida Legislative Update.” Speaker: M. Travis Hayes, Esq.

LCBA Foundation Annual Charity Golf Tournament 8 a.m. at The Forest Country Club. Silent and LIVE Auction Golf, Lunch, Auction and Networking Lunch Tickets: $40

Memorial Day

LCBA and courts closed.

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 2021 Annual Sponsors

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LeeBar.org

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May 2021

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ethically speaking

ABA GIVES GUIDANCE FOR VIRTUAL PRACTICE by henry lee paul, esq.

n further recognition of changes brought to our profession by the tandem of the pandemic and technology, the ABA, in Formal Opinion 498 (Virtual Practice), promulgates guidance for remote practice. Virtual practice is defined as “technologically enabled law practice beyond the traditional brick-and-mortar law firm.” The events of the past year greatly accelerated the move to virtual practice. Although COVID is not specifically mentioned, the Opinion recognizes virtual practice is authorized and has been made possible by technology. The Opinion recommends best practices to comply with virtual ethical obligations. The Opinion generally focuses on the obligation to maintain compliance in three separate areas in a virtual practice setting. The first of these obligations combines the interrelated duties of competence, diligence and communication. It focuses on the requirement to understand “the benefits and risks associated with relevant technology.” This requirement is consistent with the comment to Rule 4-1.1 (Competence). It is also the basis for The Florida Bar’s recent addition of requiring three CLE technology hours for each reporting cycle. A lawyer must be competent and diligent in obtaining

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and maintaining necessary knowledge to engage in virtual practice and must effectively communicate to a client the risks and requirements of a virtual practice. Compliance with the obligations of competence, diligence and communication is also essential to maintain the second addressed obligation, which is maintaining confidentiality in a virtual practice. Without competence, a lawyer will not know how to maintain confidentiality. The Opinion notes, “At all times, but especially when practicing virtually, lawyers must fully consider and implement reasonable measures to safeguard confidential information and take reasonable precautions when transmitting such information.” This can only be done if the lawyer is competent and diligent regarding implementation of adequate technological safeguards. The Opinion’s third obligation deals with adequate supervision of both staff and vendors. This duty of supervision can be particularly difficult in a virtual practice. The Opinion notes, “The duty to supervise nonlawyers extends to those both within and outside of the law firm.” An outside vendor must provide services that are compliant with The Rules Regulating The Florida Bar. A virtual practice may also employ part time lawyers and assistants with their own computers or other

LeeBar.org

devices. In such instances, adequate efforts must be made to secure the information available to remote workers. The Florida Bar Ethics Opinion 07-02 provides helpful information regarding outsourcing. The Opinion makes specific recommendations for a compliant virtual practice in the following seven areas: Hard/Software Systems, Accessing Client Files and Data, Virtual Meeting Platforms and Videoconferencing, Virtual Document and Data Exchange Programs, Smart Speakers Virtual Assistants and other Listening-Enabled Devices, Supervision of Subordinates/Assistants and Vendors and Other Assistance, Possible Limitations of Virtual Practice. The suggestions are too numerous to restate in this article; however, I recommend attorneys closely review the Opinion because of the increase in remote practice. A practical suggestion is to hire a qualified expert to advise and implement procedures to comply with the obligations expressed in the Opinion.

Henry Lee Paul, Esq. is a former Bar Counsel for the Florida Bar who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.

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practice section: corporate law

The Corporate Law Practice Section adds a new element to the LCBA by ali olivo, esq. and mairin roepstorff, esq.

elcome to the Corporate Law Practice Section of the Lee County Bar Association! We are honored to introduce ourselves as the Section’s inaugural Co-Chairs, Mairin Roepstorff and Ali Olivo. We both serve as Assistant General Counsels at NeoGenomics Laboratories, Inc. NeoGenomics is a premier cancer diagnostic and pharma services company. We are excited to add a new element to LCBA, through the establishment of the Corporate Law Practice Section. Our goals are to connect LCBA members, and associate LCBA members, who may not be currently serving as in-house counsel, but would benefit from participating in discussions around many of these impactful corporate issues. We hope to provide members with a forum to discuss current issues and developments in the areas within corporate law. This includes focusing on solutions for corporations and practice issues through dialogue between inside and outside counsel, as well as fostering dialogue regarding areas of practice such as corporate transactions, regulatory and SEC matters. We provide this section as a resource to LCBA members and Associate

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LCBA members of corporations. We recognize in-house counsel can sometimes feel isolating, as we do not see friends at the courthouse, or call up another attorney in town to discuss their thoughts on a matter. We rely on each other, as well as internal business partners, for insight and information. As a company’s attorney, the role does not fit into a perfect square of company culture either, as in-house counsel must delineate that attorney-client relationship and support the company as an employee. Our practice section connects in-house counsel with other lawyers, and provides fruitful discussions for in-house counsel, outside counsel, corporate members and general practitioners. We are interested to hear what CLE programs would assist in connecting members. Many members serve as business advisors and share the eagerness to learn and engage in discussions regarding serving corporations and the internal perspective of in-house counsel. We hope to engage more corporate counsels to participate in the LCBA through partnering with other practice sections, as well as other organizations in the community, to provide philanthropic support of Lee County. We would also like to offer insight on more broad topics LeeBar.org

affecting all areas of practicing law, such as mental health and work-life balance. Please feel free to contact us and share your interest in joining us as we announce more to come for this practice section.

Ali Olivo, Esq. serves as division counsel for the Informatics Division, a division of the business committed to connecting patients with life-altering therapies and clinical trials through data service offerings. Additionally, Ali handles data security matters. Before coming to NeoGeonomics, Ali negotiated incentives for Fortune 500 clients as a Director with PricewaterhouseCoopers. Prior to that, Ali spent 9 years with General Electric, handling negotiated incentives and tax controversies.

Mairin Roepstorff, Esq. serves as division counsel for the Clinical Services Division, which focuses on developing and delivering laboratory diagnostic and clinical services for cancer patients. Mairin also manages the corporation’s litigation portfolio. Before coming to NeoGenomics, Mairin worked in corporate finance, handling construction law matters, including bankruptcy and creditor liabilities, and commercial contracting with Herc Rentals, Inc., a heavy rental equipment company which spun from Hertz Global, as well as in Trust and Estates law while practicing in Atlanta, Georgia.

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lcba foundation spotlight

Lee County Bar Association Foundation Provides Critical Support to Local Nonprofits by kristalyn loson, esq.

he past year has been especially hard on local nonprofits. Cancelled fundraising events, increased expenditures related to moving client services online, and social distancing caused significant strain on organizations providing a safety net to our Southwest Florida community.

Childcare of Southwest Florida, Inc. – General operating support per COVID need Children’s Advocacy Center – Funding Pine Manor afterschool program (prevention) Children’s Home Society of Florida – Independent living program for young adults in foster care Community Cooperative – Supporting the mobile food pantry

Enter the Lee County Bar Association Foundation (“LCBAF”). With support from LCBA members, LCBAF widened its grant cycle to help nonprofit organizations struggling with COVID expenditures. From your dues support, the LCBAF provided $63,000 in critical funds to 22 SWFL nonprofits!

Multiple Sclerosis Center of Southwest Florida – Supporting work transition assistance for low-income persons with MS NAMI Lee, Charlotte and Hendry Counties - General operating expenses to support mental health program

The full list of organizations funded this year is: AMIkids Southwest Florida – Program for expungements for justice-involved youth Best Buddies in Southwest Florida - Best Buddies school friendship program Big Brothers Big Sisters of the Sun Coast – Taking the mentoring program virtual

Miles of Smiles Foundation - Operating support to continue horseback riding program for veterans with PTSD

Family Initiative Autism Support - Autism virtual support and education Foster Care Advisory Services, Inc. – Emergency fund for foster care children Girl Scouts of Gulfcoast Florida, Inc. – Supporting scholarship program for lowincome youth to be Scouts Guardian ad Litem - 20th Judicial Circuit General operating support per COVID need Midwest Food Bank - Florida Division Partner Pantry Program (food pantry)

Our Mother’s Home of Southwest Florida, Inc. - Mentored Living Program for young mothers The Deaf and Hard of Hearing Center Breaking the Barriers program to educate on the ADA The Heights Center, Inc. – Supporting School Success program United Way of Lee, Hendry, Glades and Okeechobee – award in memory of Sean Shearman to support the school partnership program at Franklin Park Valerie’s House – child grief support services LCBAF’s next grant cycle opens Fall of 2021. In the meantime, we look forward to highlighting the work of LCBAF grantees. Thank you, LCBA members!

Blessings in a Backpack – Funding Feeding the Future at Tice Elementary

Kristalyn Loson, Esq. works as Associate General Counsel at The Nature Conservancy. She is honored to serve as the President of the Lee County Bar Association Foundation.

Cape Coral Caring Center – Providing holiday dinners and toys for low-income families

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legal lens The LCBA Annual Bench Bar-B-Q and Shrimp Boil was held on Saturday, March 27 at Alliance of the Arts. 1.

John Webb, Judge Branning, Jerry Von Gruben

Nick Stokke, Shannon Poupolo

Kayla Richmond Miller, Danielle Levy Seitz, David Seitz

John Agnew, John Miller, Kayla Richmond Miller

Kristalyn Loson, John Webb, Jim Kelleher, Lauren Baugh

Tiffany Pereira, Travis Russell

Ted Fitzgeorge, Andrew Banyai, Kathleen Fitzgeorge

Peter Knize, Blake Hampton

Connie Ramos-Williams, Judge Hayward, Noelle Branning

10. Spencer Cordell, Shatree'Tia Jones Cordell

8 18

9 RES GESTAE

10 LeeBar.org

Photos courtesy of Jim Jett Photography

Photo courtesy of Jim Jett Photography

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IT'S BACK! The LCBA foundation golf tournament returns

lcba foundation charity golf tournement committee: back row: john webb, spencer cordell, ehren frey, michael

anthony pica, david seitz, travis russell. front row: shannon puopolo, katherine cook, tiffany pereira, lauren baugh

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LeeBar.org

by spencer cordell, esq.

he Lee County Bar Association Foundation annual charity golf tournament returns this year after taking a year off due to the COVID pandemic. The tournament returns to The Forest Country Club for a shotgun start on Saturday, May 15th. Tournament proceeds benefit the Lee County Bar Foundation, and tens of thousands of dollars have been raised over the last few years. All the money is distributed by Foundation grants to groups in our community. Tournament registration is open now and can be done through the LCBA website, leebar.org. Players are encouraged to sign up quickly, as there are a limited number of spots and the tournament is anticipated to fully book. Returning this year to lead the golf tournament committee is Shannon Puopolo from Henderson Franklin. As committee Chair, she has spearheaded several years of successful tournaments. Puopolo says, co-chair: shannon puopolo “As with past years, we will have games on the course, a chance to win a hole-in-one luxury vehicle, and lunch prepared by the Forest County Club. We have also secured amazing silent and live auction items, including vacation stays, golf foursomes, dining experiences and opportunities to ‘shoot with the sheriff’.”

The committee is delighted the Forest to secure adequate funding and the has once again agreed to host the charity Foundation received an unprecedented tournament. Another long-time number of grant requests. With that in golf committee member, mind, the golf committee is striving Ken Jones of Hahn, to make this golf tournament the Loesser, & Parks, best one yet, in hopes of setting says, “The Forest a new fundraising record. We Country Club is are really excited to be back one of the elite this year and cannot wait to clubs in Southwest see everyone on May 15th!” Florida: two terrific Non-golfers are also courses I have encouraged to help out with found challenging the event. Lots of volunteers are but fair. They are always co-chair: ken jones needed for the games and other in excellent condition activities associated with the tournament. and are just simply enjoyable to play. Volunteer sign-ups can be done online at Any time I have an opportunity to https://signup.com/go/cYLazwX play a private course like this, have If you have any questions or want help an opportunity to contribute to some getting involved, please contact the LCBA worthwhile charities and bid on some office. We hope to see you there May 15. unique prizes at the Famous Spencer Cordell Live Auction - count me in.” A big part of the fundraising effort is the charity auction that takes place during the post-golf luncheon. Once again, this year’s tournament will feature a silent auction, as well as a live auction. Previous attendees will recognize some of the most popular items in the live auction again, including hotel stays and the unique opportunity for a day of shooting hosted by the Sheriff.

Spencer Cordell, Esq. serves as the treasurer on the LCBA's executive council. He is on the golf committee and annually serves as the charity auctioneer. He’s also active with the Criminal Law Practice Section and the Solo & Small Firm Practice Section.

The auction is an essential fundraiser for the Lee County Bar Association Foundation. The Foundation is the charitable arm of the LCBA, and money raised is distributed by the Foundation as grants to many different groups in the community. Puopolo, who is also the Vice President of the Foundation, wants everyone to know, “As a result of Covid-19, local charities are struggling

May 2021

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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. Aloia, Roland, Lubell & Morgan, PLLC. Arend & Sisk, P.A. Associates & Bruce L. Scheiner, P.A. Banker, Lopez & Gassler, P.A. Boy Agnew Potanovic, PLLC. Boyle & Leonard & Anderson, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC. Calvo & Calvo, Attorneys at Law Coleman & Coleman, PLC. Cole Scott & Kissane, P.A. - Fort Myers Florida Rural Legal Services, Inc. Freidin & Inglis, P.A. Garvin Law Firm Geraghty, Dougherty, Edwards & Stockman, P.A. Goldberg|Noone|Abraham Personal Injury Atttorneys

Goldstein, Buckley, Cechman, Rice & Purtz, P.A. GrayRobinson, P.A. Green, Schoenfeld & Kyle, LLP Hahn, Loeser & Parks, LLP Henderson, Franklin, Starnes & Holt, P.A. Hollander & Hanukah, Attorneys at Law John Webb Legal Group, P.L. 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. Linde Law Group McQuagge & King Law Firm Men's Rights Law Firm

O'Halloran & O'Halloran, Attorneys at Law 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. Simmons Law Firm, P.A. Spivey Law Firm, Personal Injury Attorneys, P.A. Strayhorn and Person, P.L. Viacava & Cantor Attorneys at Law Viles & Beckman, LLC Zinn Law 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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special feature

Mentoring: A shoulder to lean on and wings to fly "20 years experience. Good communication skills. Willing to spend time over coffee and long lunches.”

by keith grossman, esq.

here’s not an app that connects mentors and mentees like eHarmony does for dating, but maybe there should be. Mentoring is crucial to the development of a young attorney, as well as benefits the whole profession. When County Judge Archie Hayward was a young attorney, he remembers retired Circuit Judge, then an attorney, Thomas Corbin teaching him a probate matter. Judge Hayward also appreciates when he volunteered with Florida Rural Legal Services, Attorneys Julie Osterhout and Lance McKinney provided him guidance and were regularly available to answer his questions. Hayward recalls, “It was commonplace to help to help each other. I don’t think it happens as much now.” State Attorney Amira D. Fox says, “A mentor is necessary for a feeling of personal achievement whether or not it results in career advancement. A mentor can guide you as to things you can do to achieve career advancement and success, but also importantly on how to achieve personal happiness within your firm or organization.” Fox adds, “Wanting a mentor is a trait of someone strong enough to recognize

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they don’t know it all and could benefit from the work and life wisdom of another.” Attorney Kenneth Kemp says, “In terms of career advancement, mentors can help advance your career through proper guidance, professionalism instruction, and contacts with other professionals and clients. All of those attributes should advance your career much quicker than without a mentor.” Mentoring and Professionalism are Intertwined The lack of civility and professionalism have truly become a problem in the legal profession. Mentoring is one of the ways to address this problem. Rebecca Bandy, Director of the Florida Bar’s Henry Latimer Center for Professionalism, describes professionalism as “the practice of the highest ideals and tenets of the legal profession including character, competence, civility, and commitment.” She continues, “Mentoring allows for the modeling of professional behavior, including civility, and allows for the sharing of knowledge that is necessary for the practice of law. Through this exchange of ideas, support, and networking, public perception can be improved. Many times, mentors act as sounding boards, guides, and even peer support to prevent lapses in professional LeeBar.org

reputation and judgement.” Kemp says, “When you mentor the mentee, you are offering instruction on the right way to do things, the right way to carry yourself. You also quickly learn the wrong way to do things and the wrong way to carry yourself. Learning these attributes help eliminate inefficiency in the justice system. Efficiency helps the courts move cases and enhances justice and all that can be accomplished, in a more civil and professional way.” Public Defender Kathleen A. Smith adds, “Mentors should inspire and foster personal and professional growth. Thus, mentoring and professionalism are inextricably intertwined. Mentors should encourage that mentees set goals and to do the hard work necessary to accomplish the goal. They should lead by example and teach the right way, not the easy way.” What Makes a Good Mentor? When Attorney Kristie Scott relocated to Lee County, she didn’t know anyone. She says, “Everyone I met in Southwest Florida was nice, helpful, generous, and willing to help. My goal was just getting to know people because I was very lonely and so far from my hometown (Charlotte, NC). I just found that when people would give me their contact information, it was important to follow up and get to know

them. So, I did that whenever I could.” Through Scott’s proactive approach, she was able to develop mentoring relationships that have benefited her career and herself as a person. “Seeking a mentor is a sign of learning, and learning is power. Seeking a mentor is a sign of planning and wanting to perfect one’s craft in the law,” says Kemp. Bandy says, “A good mentor is committed to making time for their mentee and building an authentic relationship with that individual over the long haul. I much prefer more casual settings or interactions than the more staunch cocktail hour meetings of years past. I have spent time with my law student mentees at local coffee shops, parks, and restaurants. This relationship involves really getting to know the mentee well, and mutually communicating the goals and objective of the relationship. A good mentor is available, honest, encouraging, and open to sharing networks and networking strategies with the mentee.” Smith adds, “A good mentor needs to take the time to understand the mentee on many levels. The mentor should be a good listener and clearly understand why the mentee is seeking a mentor. The mentor should be able to communicate advice clearly and provide the mentee with challenges that can lead to personal and professional growth and accomplishment.” She continues, “If you are seeking a mentor for career advancement in a particular field such as law, it is probably a good idea to have a lawyer as a mentor. That being said, mentors that can help with personal development can almost be more valuable in the long run. Someone to confide in and seek advice from on how to deal with difficult relationships or situations can easily translate into the workplace as well. While a lay person mentor may not be able to teach a mentee how to cross-examine a witness, they can teach you how to persuade and influence others. They can also teach you how to give and command

respect from others which can lead to building strong relationships.” “A good mentor listens and helps the mentee set attainable short and long-term goals and always celebrates successes,” Bandy explains. “I have personally reviewed resumes, written recommendations letters, attended functions to support my mentees, sent them job postings in their preferred locations and practice areas, and given feedback to them on their interview and writing skills. I try to include mentees in any programming that will expose them to important people and/or information. And I have personally recommended mentees for jobs.” An attorney can also have more than one mentor, as well as mentoring relationships that are not limited to professional development and goals. Be open to finding new mentors at different stages of your life and career. According to Bandy, “I think it is important to have multiple mentors, some personal and some professional. While it is important that attorneys be mentored by at least one other attorney, I think it is also beneficial for them to learn from other legal professionals such as experienced paralegals or JAs and certainly judges.” Fox agrees. “Different mentors can offer differing viewpoints and solutions to problems. Sometimes the best success comes from having mentors in both your work and personal life.” Fox also advises, “A good mentor is someone who will listen, make constructive suggestions, give good advice, provide a shoulder to lean on and then encourage the mentee to spread their wings and fly….” Why Should More Experienced Attorneys Take Opportunities to Mentor Newer Attorneys? Mentoring helps the mentee with professional and personal growth, so how does mentoring young attorneys benefit experienced attorneys? Many experienced attorneys forget the positive May 2021

benefits for the mentor. Football coach and author, Tony Dungy, has taught others about “mentor leadership”. He remembers learning early in his coaching career from a mentor, “Your only job is to help your players be better.” Dungy took that idea to heart when developing his leadership style. He applied it in his personal and professional life when assisting players and coaches who worked for him, managing mistakes, and handling discipline. Dungy says mentoring is outwardly focused on others and developing a culture that supports and appreciates everyone’s contributions. He tells a story about one Super Bowl. “Nick Harper, our veteran defensive back, got hurt and couldn’t finish a game. Young Kelvin Hayden went in for him and made the game-winning interception. Kelvin was prepared for that moment in part because Nick had spent time with him and helped him to be ready. That’s the kind of chemistry great teams have.” Mentoring a young attorney translates into developing the young attorney’s independence and a better work product. The relationship that grows between the mentor and mentee can also be a special bond. When the mentor and mentee work together, it can also lead to less supervisory time and less turnover. Fox says, “It is incredibly rewarding to share the knowledge and work and life skills a seasoned attorney has learned with someone who is just starting out. You really can make a difference in someone’s career and life.” Bandy points out, “I also think that mentees are excellent teachers of new information and ways of doing things, particularly with technology and social media. By teaching, the mentee also learns.” "A mentor is not someone who walks ahead of us to show us how they did it. A mentor walks alongside us to show us what we can do.” - Simon Sinek

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guest attorney

BIDEN ADMINISTRATION INITIATES RO by scott atwood, esq.

s the nation begins the slow recovery from the COVID pandemic, businesses are returning to some level of “normalcy.” That normalcy will be in a vastly different governmental environment. During the Trump years, businesses benefited from the administration’s pro-business attitude. The Biden administration has been clear it is adopting a pro-employee, pro-union stance. One of the most significant early actions came in connection with COVID relief. Last year, Congress adopted the Families First Coronavirus Response Act. It included the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Act (“EFMLA”). Those acts created mandatory leave time, most of it paid, and protections for taking such time off. The paid leave was funded through employer

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tax credits that effectively shifted the cost of the paid leave to the government. The FFCRA expired on December 31, 2020, and the Republican-controlled Congress took no action to extend it. Consequently, employers are no longer required to provide such leave.

1. subject to government quarantine 2. advised by a health care provider to self-quarantine 3. experiencing symptoms of COVID-19 and seeking medical diagnosis 4. caring for an individual subject to quarantine/isolation

In response to the expiration of the FFCRA, the Democrats included some provisions of the FFCRA in the American Rescue Plan Act of 2021 (“ARPA”) passed using the budget reconciliation process. Recognizing the Republicans would not support an extension of the mandatory leave provisions, ARPA instead extends the tax credits through September 30, 2021 for employers that voluntarily provide employees with leave.

The EFMLA gave employees a significantly longer period of leave of, up to 12 weeks, but was limited to instances where the employee was caring for a child whose school or childcare was closed due to the coronavirus and was limited to 2/3 pay and capped at $10,000.

Additionally, the scope of the permitted reasons for leave eligible for tax credits has been expanded. Under the EPSLA, individuals could get up to 80 hours of paid leave if they were:

Under the new law, the EFMLA has been expanded so tax credits can be taken for up to 12 weeks for all five of the reasons leave was permitted under the EPSLA (not just childcare). Employers can also now get

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5. caring for a child whose school or childcare is closed due to the coronavirus

OLLBACK OF TRUMP LABOR POLICIES tax credits to allow employees to get the COVID vaccine, to recover from adverse effects of the vaccine, or to stay out of work while awaiting COVID test results. As of April 1, 2021, all time (the 80 hours and the 12 weeks) is reset and the EFMLA cap is increased to $12,000. As a practical matter, this means employers who have employees out due to COVID will be able to give those employees up to 12 weeks to recover, rather than being limited to 80 hours of paid leave, and still get the government to reimburse the employer in full for the wages paid to the employee while on leave. ARPA also provides that individuals eligible for COBRA insurance coverage can get it for free through September 30, 2021. Covered employers (most Florida private employers with 20 or more employees) are fully reimbursed for the cost through tax credits. This COBRA premium is often a significant cost for employees, such that many

employees allow their insurance to lapse. Other than ARPA, the Biden Administration has begun to set up its new policies. The EEOC general counsel, who sets the tone for the number and types of cases the Commission pursues, had been relatively modest in her enforcement efforts during the Trump administration. For instance, despite the Supreme Court’s 2020 decision that LGBTQ+ individuals are covered under Title VII of the 1964 Civil Rights Act, the EEOC has not taken a strong stance to enforce that decision. That should be changing. Businesses that do not update their policies and practices to include sexual orientation and gender identity protections do so at their own risk. President Biden then appointed Boston Mayor Marty Walsh, a former union official, as Secretary of Labor. Secretary Walsh has made it clear he intends to undo much of the Trump Administration’s labor policy. While it is likely COVID issues will continue May 2021

to predominate for the next few months, Congress is expected to address minimum wage, overtime, worker safety and health, and a multitude of civil rights issues in the coming years. These subjects, like most issues, will find new life in the Democratcontrolled Congress if the filibuster ever sees its demise. Until such time, expect the Biden Administration to continue to affect change primarily through agency regulations and interpretations, Executive Orders, and the occasional add-in provision to a Budget Reconciliation Act.

Scott Atwood is shareholder and Chair of the Employment Law Group at Henderson, Franklin, Starnes & Holt, P.A. Scott is Chair-elect of the Florida Bar’s Labor & Employment Section, and a former LCBA and LCBA Foundation President. He can be reached at scott. atwood@henlaw.com.

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legal lens "The Baker Act" Luncheon was held on April 16th at Sidney & Berne Art Center. The luncheon was sponsored by Park Royal Behavioral Health Sciences and featured panelists from the PD, SAO, Park Royal , FMPD and Lee County Bench. 1.

Lauren Baugh, Tiffany Pereira

Nicole Calderone, Michael Anthony Pica

L. David Sims, Judge Jospehine Gagliardi, Judge Robert Branning, Vacharee Howard

Jim Kelleher

Judge Robert Branning, Judge Michael McHugh, Judge Devin George

Bruce Santos, Spencer Cordell, Katherine Camadeco

Cynthia Duff, Lauren Baugh, Dan Detrick

Tiffany Pereira, Travis Russell

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

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Photos courtesy of Jim Jett Photography

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the dish

Proudly serving great food to those who serve, and friends and family.

by lauren baugh

raveling south on US-41, it is hard to miss the GIANT Mission BBQ Tanker. There have been many restaurants at that location, and I gotta tell ya, Mission BBQ may be the best one. Being from the South, I LOVE BBQ! But also, I am picky about my BBQ. I do not like the vinegar-style and I shy away from new BBQ spots because I don’t want to regret spending my money on BBQ I will not like. Many, many friends, colleagues, and associates assured me I would not be disappointed…and boy, were they right! My daughter, Eden, and I drove to Mission BBQ to give it a try. The walls are filled with pictures of military, police, and the like. Some photos are people I recognize, which is so cool! We instantly feel warm and welcome. The manager greets us, tells us about the story and essence of Mission BBQ, and helps us order.

well, why not? It all looks and smells SO good! I am a huge fan of pulled pork, so I opt for that. I choose baked beans as my side, which are cooked with brisket pieces in it (yes, I am drooling while writing this), along with coleslaw because what is BBQ without coleslaw? As your drink cup, you can purchase “The America Heroes Cup” for $3.99, and $2.00 is donated to nonprofit organizations working with Mission BBQ. So, you get a cool cup and the chance to help the mission.

sweet heat style. They are nothing short of amazing! I look at Eden to see if she is as excited as I am. She has their Kid Menu option, the “Kid Mac”. With fork in hand, she dives into her meal. I can tell by looking at it, this is not like any regular mac n’ cheese. It is so creamy and so cheesy and heavenly!

They bring the food to us at our table on a cool metal tray. With all the steam floating above it, it smells delicious! There are a variety of sauces on the table, and I try two that are generally my favorite at any BBQ joint, the sweet style and the

We choose a variety of items because, Photos this page left to right: pulled chicken sandwich and fries; smoked brisket, Maggie's mac-n-cheese, cornbread; Peggy's peach cobbler.

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Eden also has baked beans as her side, and as picky as she can be, she says “These are the best baked beans I have ever been able to eat!” It is always a good sign when a child raves about anything food-related. My pork is smokey, juicy and tender. The beans are sweet and smokey, and the fries…they are delicious little morsels of fried potato goodness. The meal is one of the best I ever had!

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The manager is kind enough to bring us their apple bread pudding. One scoop in, and I know this is going to be finished quickly. It is warm and comforting and delightful. It reminds me of my grandmother’s cooking. I recommend trying Mission BBQ and contributing to their mission. It is truly an experience and deserving of your patronage.

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Photos this page upper left clockwise: pulled brisket sandwich, green beans and bacon; homemade, handcrafted signature sauces.

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Lauren Baugh is the executive director of the Lee County Bar Association. She can be reached at lauren@leebar.org.

May 2021

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new members Samuel Arcure, Esq.

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member spotlight

Rich Haberle

1. I am painfully shy and socially awkward, which people never seem to believe, until you get to know me and are on the receiving end of one of my panic texts from some remote corner of a room somewhere, sweating bullets and asking how I should respond to one thing or another. 2. Despite working in this field for 21 years now, none of my degrees are related to law. Only in 2019 did I take a certificate class in paralegal studies (which I graduated with honors). 3. Besides school-related material, the last book I read was Wife Beater Shirt Optional, by beloved Dr. Laura Streyffeler, which was an incredible read and something I’d suggest to anyone who deals with domestic violence. 4. This sounds ridiculous to admit aloud, but I obsess over whether I’ve locked my car doors or not. I’ve gone back 3 or 4 times to check sometimes. It is so bad that my work BFF, T.J. McCan checks my doors if he is walking past my car so he reassure me that I did. 5. Two ladies who have inspired me, daily, to be a better person and to strive for greatness have always been Judges Carolyn Swift and Mary Evans. I cannot think of any other humans alive who are so thoughtful, caring, and truly want the best for everyone involved. They always make time to give me advice when I need it and I will always be grateful to know them.

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sponsor spotlight

Jim Kelleher of Kelleher Law

1. My nickname growing up was “Red”. You’d never know it now, but my hair was fire engine red. 2. I played college basketball at LeMoyne College in Syracuse where one of my classmates was Rob Manfred the current Commissioner of Major League Baseball. 3. Three of my four children are either attorneys or are in law school. My other daughter is a successful real estate agent who is married to an attorney. 4. I could eat pizza every day of my life. Some pizza is better than others, but there is NO such thing as bad pizza. 5. My wife, Sue, and I had a private audience with Pope Francis in 2017. For two Irish Catholic kids from the south side of Buffalo, it was without question one of the greatest days of our lives.

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in the news Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that Attorney Matthew Brust has joined the firm’s Business & Tax Department. Brust focuses his practice in business organization operations and planning, mergers and acquisitions, and federal and state taxation. He enjoys working with business owners, entrepreneurs, and start-ups explaining the most tax-efficient methods to implement their business needs and goals, and then guiding them to the best possible legal outcome for their unique situation.

Senior partners Frank Aloia Jr., Ty Roland, Evan Lubell and Jack Morgan are proud to announce the promotion of family law attorney, Danielle Levy Seitz, as partner at Aloia, Roland, Lubell & Morgan, PLLC. Seitz joined the firm in 2016 and represents clients in dissolution of marriage (divorce), paternity, child custody, relocations, modifications, domestic violence, and adoptions. Seitz has been awarded the “Rising Stars” distinction for five years consecutively by Super Lawyers Magazine.

Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce Business Litigation attorney, Carlos A. Kelly, presented “Condemnation Blight Damages in Florida” to the members of the City, County & Local Government Law Section of The Florida Bar. Kelly litigates eminent domain and other takings cases. He regularly speaks to a variety of audiences about takings issues and has also published a number of articles and blog posts on takings issues. His seminar walked attendees through Florida case law and explained how the cases can be applied.

The southwest Florida legal community mourns the loss of Patrick E. Geraghty who passed away on April 8th. A “native” Floridian, Geraghty was raised in Jacksonville, Florida. He came to Fort Myers in 1969 when he joined Henderson, Franklin, Starnes & Holt, P.A. as the only associate and later led the litigation department. After 20 plus years at Henderson Franklin, he established his own law firm. Geraghty was known for his quick wit and photographic memory, which served him well for 52 years as a member of The Florida Bar.

Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce attorney Colby Keefe joined the Real Estate Department. She also has experience in condominium and homeowners’ association law. Keefe endeavors to provide clients with clear and understandable counsel on a broad range of association issues including interpretation and amending of governing documents, contracting with vendors, zoning ordinances, liability policies, collections, foreclosures, and compliance with applicable state and federal laws such as the Fair Housing Act. Keefe also provides continuing education and board certification courses to condominium association managers.

Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce the return of Thomas P. Clark as a stockholder. He served in the firm’s Business & Tax Department from 1995 until 2012 before working as in-house counsel for a company. Clark is Board Certified by The Florida Bar in both Health Law and Tax Law. Clark’s practice is largely dedicated to personal service organizations, health care law, mergers and acquisitions, corporate law, partnership law, limited liability company law, taxation, and business planning.

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LeeBar.org

Our Dedicated Service Defines Us. We’re proud to support the inaugural Zach Martin Memorial Football Game

May 28 at Dunbar High School

“ The Zach Martin Memorial Foundation has made tremendous strides to save students from exertional heat stroke (EHS). The inaugural Zach Martin Memorial Football Game was created to further awareness for students and their families, coaches, trainers and the Southwest Florida community. Please join us at Dunbar High School for fun, football and an opportunity to learn more about how to protect our students from heat related illnesses. Evan Lubell

”

Senior Partner

To learn more visit LawDefined.com/ZachMartin Aloia, Roland, Lubell & Morgan + 2222 Second Street + Fort Myers, Florida 33901 + 239-791-7950

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

PRSRT STD U.S. POSTAGE

PAID

(239) 334-0047 Fax (239) 334-0523

FT. MYERS, FL PERMIT NO. 147

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WE MA K E BA N K IN G AB O U T Y O U !

“YOU DESERVE TO BANK WHERE

Tradition Meets Innovation.”

— Leah Kirby, Vice President, River District Office Manager and John Ammons, Vice President, Cleveland Avenue Office Manager

By combining

traditional customer service with innovative technology, Edison National Bank optimizes client care for Southwest Florida’s attorneys and law firms. You practice law to address your clients’ needs. Our bankers are committed to making that as easy as possible for our customers in the legal profession. Your Edison banker will always be on the other end of the line to take your calls and deliver streamlined solutions. Whether it’s wire transfers or other products and services, your traditional community banker is your innovative business partner at Edison National Bank.

To learn more about our customer services and convenient locations, please visit EdisonNationalBank.com or call 239.466.1800. An Equal Housing Lender | Member FDIC | Bank of the Islands is an office of Edison National Bank.