Res Gestae - October 2021

RECOGNIZING PRO BONO SERVICE

Hispanic Bar Making A Community Impact

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION • OCTOBER 2021

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contents on the cover

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ad directory

Balancing Pro Bono Service with Your Legal Work Keith Grossman, Esq.

special features

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The Hispanic Bar Association in the Hispanic Community Karla Y. Campos-Andersen, Esq.

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departments

On the cover: Honorable Archie Hayward Photo courtesy of Jim Jett Photography.

Image editing by April Bordeaux

6 Letter from the President

28 Guest Attorney

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

Criminal Law

Kathleen M. Fitzgeorge, Esq.

16 YLD Spotlight

Katherine E. Camadeco, Esq.

18 100 Club

How the Pandemic has Changed the Business of Real Estate

Michael P. Lehnert, Esq.

30 The Dish

G3 Catering

Lauren Baugh

32 New Members 34 5 Things You Don't Know

About Me

Hon. Nicole Mirra

36 5 Things You Don't Know

About Me

Andrew Banyai, Esq.

38 In The News

Agoston Law Group Aloia, Roland, Lubell & Morgan, PLLC Bounds Law Group Boy, Agnew, Potanovic Business Observer Calvo & Calvo Attorneys at Law CONRIC pr + marketing Dal Lago Law DeMine Immigration Law Firm Denise Kennedy Direct Impressions Donna Tisch Edison National Bank Frank Piazza, P.A. Get Smart Bail Bonds Henderson, Franklin, Starnes & Holt, P.A. Henderson, Franklin, Starnes & Holt, P.A., Robert C. Shearman, Esquire Kelleher Law, PA Lake Michigan Credit Union Law Firm of Scott T. Moorey Law Office of Carolann A. Swanson Law Offices of Dennis L. Webb Leonard P. Reina Mark B. Yeslow McHale, P.A. Men's Rights Law Firm Monzingo Legal Musca Law Office, Inc. REAS, Real Estate Advisory Services, LLC Roetzel & Andress Sanibel Captiva Community Bank Sheldon E. Finman, P.A. Simon Harrison, Esq. Spivey Law Firm Personal Injury Attorneys, P.A. Stockman Mediation The North Law Firm, P.A.

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LeeBar.org

17 IBC 15 17 25 13 25 35 11 35 35 37 BC 9 18 15 23 19 7 19 25 32 33 34 23 36 13 3 17 33 IFC 29 33 5 19 9

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president's letter I’m happy to say fall is here!

October brings a lot of exciting events within the LCBA, including the BenchBar Gala on October 2 and the Pro Bono Awards on October 15. I hope to see you all there. If you haven’t registered yet, please do so for Lauren’s sanity. Ha Ha!

LEE COUNTY BAR ASSOCIATION administration

Executive Director - Lauren Baugh Administrative Assistant - Mairelis Tamayo

executive council

Most people recognize October as Breast Cancer Awareness Month and the month of Halloween. While I love an apple cider donut and watching “Hocus Pocus” every year, October is also Special Needs Law Month. My practice specializes in estate planning, estate administration and elder law. Special needs planning is a subsect of elder law near and dear to my heart. I have a special needs sibling, as my brother is on the autism spectrum. The desire to make sure others like him were cared for drove me to practice law, and specifically elder law.

TREASURER

Spencer Cordell, Esq.

BOARD MEMBERS

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

committee chairs BENCH-BAR GALA

LAW RELATED EDUCATION

Dawn Maselli, Esq.

T. Rankin Terry, Esq.

DIVERSITY AND INCLUSION

LAW WEEK

Kelly L. Fayer, Esq. and Ita Neymotin, 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

Andrew Banyai, 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.

Luca Hickman, Esq. and Mark Nieds, Esq.

There is always more to be done, more to learn and more to give, and we’re all short on time and energy. I ask that throughout October you act in one small way (or big way!) to positively impact a family with a special needs child.

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

VICE PRESIDENT

Tiffany Pereira, Esq.

Peter Knize, Esq. Michael Anthony Pica, Esq.

The Lee County Department of Public Safety estimates, one in four people live with some type of disability in Lee County.

Organizations like LARC, Inc. are dedicated to meeting the needs of individuals with intellectual and developmental disabilities in Lee County. As leaders in our community, attorneys also need to help this important demographic.

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SECRETARY

Kathleen Smith, Esq.

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

Those with special needs and families with special needs children are underrepresented in many ways, including lack of awareness regarding this population and the need for more government benefits and assistance to families. In the legal profession, we have many attorneys dedicating free time and pro bono work to non-profit causes, family law issues, domestic violence cases, etc. Your time and efforts are given to people who benefit from your skills and help. That work is needed and should be recognized (shameless plug for Pro Bono Awards).

It’s time we include special needs families when we consider beneficiaries of our pro bono work. In 2020, more than 7 million students between the ages of three and 21 received special education services under the Individuals with Disabilities Act (IDEA). The most common category of disability (33%) was specific learning disabilities. This is not a small population. This is an underserved population.

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 It’s October. I am getting my sweaters out and hoping for cool weather. Anyone else feel like summer was the hottest we’ve had in…ever?

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

239.334.0047

September was a great month. We had many holidays, CLEs and a great Hispanic Heritage Luncheon.

We partnered with the Miguel C. Fernandez, III Hispanic Bar Association. Our esteemed panel shared amazing stories and G3 Catering provided yummy cuisine. And how can you forget the mariachi band?!

Sometimes we like to toss in something totally unexpected to show our fun side!

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

We also had many board members, myself included, attend the Lee County Association for Woman Lawyers (LCAWL) Membership Kick-off. This is always a great event. If you are not aware of what LCAWL is or does, I encourage you to email leewomanlawyers@gmail.com to get more details.

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. Kathleen M. Fitzgeorge, Esq. Katherine Camadeco, Esq. Karla Campos Andersen, Esq. Michael Lehnert, Esq. Honorable Nicole Mirra Andrew Banyai, Esq.

Now that October is here, though, we are going hard on the activities right from the 2nd day of the month with our 32nd Annual Bench-Bar Gala. This year’s theme is “The Future is Bright”, and that statement resonates on many levels with everyone. Our hope is that this event will give people the networking opportunities they have missed.

The Gala is outside, which allows for ventilation and fresh air. We have some special touches we are excited about. If you have not gotten your tickets, get them now so you can be in on the fun!

We also have our Annual Pro Bono Awards Luncheon, where you and your peers can be recognized for your Pro Bono work. This event is always a special one for the Lee County Bar Association, Florida Rural Legal Services and Lee County Legal Aid Society.

We all come together to appreciate those lawyers helping to fight for justice and representing those who cannot otherwise afford that service.

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 round out the month with a Happy Hour social where Sallee Promotions and Accurate Serve Fort Myers will treat us to free drinks and appetizers. Come out and join us!

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.

As we enter the last quarter of the year, we are gearing up for 2022, and we are excited to be planning what will be sure to be a great year, filled with CLEs, socials, family fun and educational luncheons. As always, please let me know if you have any ideas.

We always welcome feedback from our members.

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

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Annual Bench Bar Gala - "The Future is Bright"

6 – 10 p.m. Location: Edison and Ford Winter Estates. Tickets: Judiciary and Magistrates - Complimentary, Judicial Guest(s) $95. All other Guest(s) $125.

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RPPTL Law Section Virtual Meeting

Noon – 1 p.m.

Topic: No Soup For You— The Purported Empty Estate & Florida Fraudulent Transfer Act Speaker: Matt Linde, Esq. Register at LeeBar.org

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ADR Section Virtual CLE

Noon – 1 p.m. Topic: Mediation vs.

Arbitration: Family Equitable Distribution Speaker: Alexandra Kleinfeldt, Esq. Register at LeeBar.org

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Sip with Sallee and Accurate Serve Happy Hour Social 5:30 – 7:30 p.m. Location: Downtown Social House. Register at LeeBar.org.

Pro Bono Awards Luncheon

Noon – 1 p.m. Location: Sidney & Berne Davis Art Center LCBA Members: FREE LCBA Non-members: $25 Register at LeeBar.org

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

October 2021

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ethically speaking

Proposed Rule 3-7.18 on Referrals: Litigators T by henry lee paul, esq.

O

n May 3, 2021, The Florida Bar filed The Florida Bar Re: Petition to Amend The Rules

Regulating The Florida Bar – Rule 3-7.18 (SC21-653). The proposed rule was the product of the Special Committee on the Examination of the Process and Procedures for Judicial Referrals of Discipline Matters to The Florida Bar.

The proposed rule provides a special procedure that suspends the regular disciplinary process and time frames for any matter deemed to be a “judicial referral.”

A judicial referral is defined as “an inquiry, communication, or complaint questioning the conduct of a member of the bar submitted to the bar by a member of the judiciary.

A judicial referral also includes a court order, judgment, or opinion specifically

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referring to the bar a matter questioning the conduct of a member of the bar.”

The rule provides the Board of Governors must review the disposition of all judicial referrals (other than for a finding of probable cause). If the Board of Governors makes a recommendation for a finding other than probable cause, the matter is presented to the Florida Supreme Court for review.

The normal provisions for notice to Respondent and the ability of Respondent to provide an informed response to the allegations throughout the disciplinary process, in certain circumstances, may not be afforded the accused lawyer. This peculiar process would make it possible for a lawyer who is the subject of a judicial referral to have probable cause found by the Board of Governors, or by the Supreme Court, without the due process provisions afforded a Respondent through Grievance Committee review process, pursuant to Rule 3-7.4(h).

It appears this proposed rule is intended to remedy the judiciary’s longstanding frustration with the disciplinary process. However, it is likely the proposed remedy will create a host of issues not addressed by the proposed rule, including the prospect of parallel proceedings in pending litigation and concurrent disciplinary proceedings. There is a potential for disruption of litigation through the possible recusal of the referring judge.

n Judicial Take Notice The proposed rule may also hinder the Respondent’s ability to adequately defend themselves because the existing judicial referral procedure requires that privileged or confidential information, provided by Respondent to The Florida Bar in defense of a disciplinary proceeding, be shared with the referring Judge pursuant to Standing Board Policy 15.91. Further, The Florida Bar may consider a referring Judge’s findings as conclusive, without need for further investigation.

The proposed rule provides a dramatically altered disciplinary process, possibly without the long-standing

due process provisions traditionally afforded to Respondents. It is suggested litigators should take extra care to avoid the possibility of judicial referral. It is further suggested the judiciary carefully consider the impact and potential unintended consequences of making a judicial referral.

Such consideration might include requesting The Florida Bar refrain from sharing confidential, privileged or other information provided

by Respondent. A Judge may further request The Florida Bar not treat their referral as conclusive, and request that The Florida Bar conduct an independent investigation.

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: criminal law

The Criminal Law Section Bridges Our Common Ground

by kathleen m. fitzgeorge, esq.

A

s we all attempt to put the unique trials and tribulations of the past year-and-a-half in our rear-view mirrors, the Criminal Law Section of the Lee County Bar Association is excited to be presenting several educational and informative programs in the coming months.

In September, we had a presentation from Fort Myers Attorney Tracey Redd. Tracey is a former Assistant Public Defender in both the Seventeenth and Twentieth Judicial Circuits, who transitioned to private practice in Lee County in 2002. She practices exclusively in the area of criminal defense. Tracey is a tireless advocate for her clients’ rights, and addressed the need for a solid work-life balance in Tracey Redd, Esq.

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our daily lives, the relevance of mentors and mentoring in the legal profession, the importance of living your life according to your values, and the need to discover your passion and purpose as you progress in your legal career.

busy lives. Though we are all lawyers who are either tangentially or fully involved in the criminal justice system, there are many different roles we fill in the pursuit of justice. My question to you is: What is our common ground?

Also on tap is a presentation from Kevin Karnes, Chief Operating Officer of the Lee County Clerk’s Office. As COO, Kevin’s duties include overseeing six different departments within the Clerk’s office and guiding his team through the daily challenges that arise during the course of their important work. He will be Kevin Karnes addressing, in addition to other topics, the importance of being able to read and understand driving records, as well as the need to help navigate the hurdles and difficulties that might arise without a firm understanding of how the Clerk of Court operates and all that it offers.

With that in mind, we are reaching out to all of you involved in the practice of Criminal Law for your suggestions, requests, and advice regarding how the Criminal Law Section can benefit and serve you now and in the future. Private attorneys, public defenders, and state attorneys all face challenges in their day-today work lives. Yet, there is tremendous commonality we share as lawyers engaged in this aspect of the law. As a group, the Criminal Law Section of the Lee County Bar Association will continue to strive to do its best to support all of our members in the best possible way, but we want to hear from you. Call, write, email, or come to the next meeting. We want to know what we can do for you!

While we look forward to all our programs, we also strive to be aware of other issues, interests, and challenges facing the Criminal Law Section of our local Bar Association. We all are facing the issues of whether to vaccinate or not to vaccinate; of meeting in person or remotely; and of keeping up with administrative orders and changes in rules, procedures, and practice. We also remain tasked with our full and active practices and our LeeBar.org

We look forward to an informative and exciting year ahead, and thank each and every one of you for your continued support.

Kathleen M. Fitzgeorge, Esq. is the Chief Assistant Public Defender for the 20th Judicial Circuit of Florida specializing in capital murder cases. She is the co-chair of the Criminal Law Section for the Lee County Bar Association.

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YLD spotlight

CONTRIBUTE YOUR TALENTS AND SERVICES WITH PRO BONO WORK

by katherine e. camadeco, esq.

P

ro bono comes from the Latin phrase pro bono publico, which means “for the public good.” Pro bono work is legal services voluntarily taken without payment.

Pro bono legal services benefit those who would otherwise be unable to afford legal representation. The cost of private legal representation is high. In today’s economy, funding for not-for-profits and legal services providers is tight, and it is increasingly more difficult for them to meet legal needs.

The Florida Bar encourages lawyers to aspire to 20 hours of pro bono work a year or contribute $350 to a legal aid organization. The Rules Regulating the Florida Bar 4.6.1 require attorneys to annually report whether you have satisfied your professional responsibility to provide pro bono legal services.

As young lawyers, pro bono work can be invaluable to the growth and development of your legal skills, reputation and business. There are many reasons to participate in pro bono work, the greatest of which is the ability to use our unique skills to help those with the biggest need. Additionally, pro bono work provides young attorneys the chance to hone their skills in their practice area as well as learn new areas of the law. Many pro bono opportunities come with the chance to get formal training, including CLE credit, on how to handle pro bono issues. Engaging in pro bono work builds your character and reputation as a lawyer.

They say with great privilege comes great responsibility. As young attorneys, with busy workloads and lots of obligations, it is important to commit to our responsibility to engage in pro bono work. Start now and see the rewards throughout your career.

There are some great local pro bono

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opportunities including the Legal County Legal Aid Society and the Lee County Clerk of Court’s Self-Help Center.

To volunteer, contact Nanci DuBois at nanci@leecountylegalaid.org and include SHC in the subject line.

Also, the Lee County Bar hosts Law in the Mall during Law Week held in the spring. And lastly, the Florida Bar offers opportunities to look for pro bono opportunities across the state at thefloridabarfoundation.org/florida-probono-matters/.

Congratulations to all the Lee County Bar pro bono award winners, and we call on all attorneys to strive to contribute your talents and services to those in need.

Katherine E. Camadeco, Esq. is the President-Elect of the Young Lawyers Divsion of the Lee County Bar Association and an attorney at O’Halloran & Simmons, PLLC where she practices in the area of Marital and Family Law.

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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 Camadeco Law Group Cole Scott & Kissane, P.A. - Fort Myers Coleman & Coleman, PLC. 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. 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. Light Path Law, P.A.

Men's Rights Law Firm O'Halloran & Simmons, PLLC 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. Viles & Beckman, LLC Wilbur Smith, 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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by keith grossman, esq.

20 RES GESTAE

LeeBar.org

T

his month, the Lee County Bar Association acknowledges and recognizes “Pro Bono Superstars”. The LCBA will recognize the recipients in a ceremony on October 15, 2021. Local attorneys who have done pro bono work since January, are LCBA members and were nominated by their peers will receive a free lunch and a special appreciation gift.

In 1992, the Florida Supreme Court set an aspirational goal for all members of the Bar to provide at least 20 hours of Pro Bono legal services annually. The purpose of the goal is to address the unmet legal needs of Florida’s poor and their lack of access to the legal system, which has an adverse effect on the legal system, as well as the poor.

Balachanthiran has helped disabled individuals obtain sufficient housing accommodations and modifications, homeless individuals with benefits’ appeals, low-income elderly individuals with consumer rights matters and migrant students with education law matters. She says, “I value pro bono service because it allows legal professionals to utilize their experience, skills and knowledge of the law to make a profound difference in the lives of underserved individuals. One of the highlights of working in our profession is the ability to connect with individuals and families on a very personal level. In providing clients service through pro bono endeavors, we have the opportunity to empathize with the plight of others, understand their situation, and impact their (and their family’s) lives for the better.”

There has been a continuing trend where Florida lawyers are spending fewer hours on pro bono hours and instead are donating money. In the most recent reporting period from July 1, 2019, to June 30, 2020, Florida lawyers provided more than 1.2 million hours of pro bono services and donated $6.3 million to legal aid organizations. For the 2013-14 reporting period, the pro bono – winston churchill hours were almost 1.9 million and the donations were almost $4.9 million.

We make a living by what we get, but we make a life by what we give.

Attorney Shanthy Balachanthiran was the 2021 recipient of the Florida Bar President’s Pro Bono Service Award for the 20th Judicial Circuit as well as the recipient of the LCBA 2020 Pro Bono Superstar Committee Leader Award.

Balachanthiran says, “It was an absolute honor to receive the 2021 Florida Bar President’s Pro Bono Service Award for the 20th Judicial Circuit. To be recognized alongside some of the most outstanding legal professionals in our industry, all of whom have done tremendous work assisting low- or no-income populations, was a humbling experience. Everything the award stands for motivates me to continue my journey to bring my professional best to help those less fortunate realize their legal rights.”

–

“My goal with pro bono is to do as much as my bandwidth allows each year,” she continues.

“Fortunately, my professional and family dynamic accommodates this interest. I tend to pace myself and have the mindset that when I reach a certain financial goal weekly, monthly or quarterly, then it’s time to take on another pro bono matter. Having this balance provides equilibrium to my universe.”

In addition to the work of attorneys, there is also a role for judges and judicial staff in supporting pro bono efforts. The Florida Supreme Court recognized that judges are engaged in numerous activities which advance “the principles of pro bono service” when it issued Amendments to Rules Regulating The Florida Bar - 1-3.1(a) and Rules of Judicial Administration - 2.065 (Legal Aid), 630 So. 2d 501 (Fla. 1993). The Supreme Court was addressing the dilemma concerning what type of pro bono activities would be appropriate for judges and judicial staff to participate in.

Within Amendments to Rules Regulating The Florida Bar - 1-3.1(a) and Rules of Judicial Administration - 2.065 (Legal Aid), 630 So. 2d 501 (Fla. 1993), the Supreme

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Attorney Shanthy Balachanthiran, recipient of the 2021 Florida Bar President’s Pro Bono Service Award for the 20th Judicial Circuit as well as the recipient of the LCBA 2020 Pro Bono Superstar Committee Leader Award

thinktank coming up with ways to promote pro bono service throughout the circuit.

Hayward says, “There are a lot of people who need pro bono services. We want to do better at getting pro bono promoted and recognized.”

Hayward continues, “It also helps the image of attorneys to provide pro bono services.”

As part of their duty to report circuit wide pro bono service to the Florida Bar, Hayward encourages all local attorneys to report their pro bono activity to the circuit pro bono committee. “If you are doing any type of pro bono service,” Hayward says, “we would like you to report it.”

Attorneys can report their pro bono service to Hayward’s office, Florida Rural Legal Services, Lee County Legal Aid Society, Legal Aid Services of Collier County, or the Lee County Bar Association.

The circuit committee only tracks hours of pro bono service. It doesn’t track donations made in lieu of pro bono service. Balachanthiran prefers to donate hours rather than money. She says it is “a privilege legal professionals possess.”

Court mandated the establishment of a circuit pro bono committee in each judicial circuit, along with developing a local pro bono legal services plan. In response, Twentieth Judicial Circuit Chief Judge Michael T. McHugh issued Administrative Order 2.37 on September 15, 2016.

Administrative Order 2.37 created the Twentieth Judicial Circuit Pro Bono Standing Committee with the duties of assessing pro bono legal services within the circuit and developing a circuit-wide pro bono plan.

The Administrative Order designated Judge Archie B. Hayward, Jr. as the Chair of the committee, and he still holds that position.

Honorable Archie Hayward, Twentieth Judicial Circuit Pro Bono Standing Committe Chair

The Administrative Order further designates certain local legal services agencies as members of the committee.

The committee can then invite additional members to join the committee. Currently, the committee has 30 members, which includes two judges.

The committee has been meeting quarterly. The Administrative Order requires them to meet at least twice per year.

In addition to the committee’s responsibility of reporting the circuit’s pro bono activity to the Florida Bar’s statewide pro bono committee, Judge Hayward views the committee as a brainstorming

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“Doing pro bono work is enriching for both the recipient of the services and the do-gooder. Unfortunately, donating money doesn’t have the same effect.”

Balachanthiran says she locates her pro bono work through word of mouth, as well as informing Bar associations and various legal aid organizations of her interest.

If you would like to accept a Pro Bono case, you can contact Ethel Wells at Florida Rural Legal Services, Andrew Banyai or Nanci Dubois at Lee County Legal Aid, or Lauren Baugh at LCBA. If you can’t commit to accepting an entire case, there are other opportunities to help, such as the Lee County Legal Aid and Lee County Clerk of Court SelfHelp Clinic, which is overseen by Banyai.

If you are looking for more independence in your pro bono service, there are individual Pro Bono service volunteer opportunities through the Florida Bar: Florida Pro Bono Matters is an interactive website that enables attorneys to search for pro bono cases that suit their interests and submit an interest form to the legal aid or pro bono program that posted the case. (https:// thefloridabarfoundation.org/florida-pro-bono-matters)

Florida Free Legal Answers is a pro bono project that allows you to conduct pro bono service online from your office, your home or wherever you choose. Enrollment is open to all eligible Florida Bar members. (https://florida. freelegalanswers.org/Attorneys/Account/Agreement) The Florida Guardian Ad Litem program website offers volunteer opportunities. (http://www.guardianadlitem. org) Young Lawyers Division Disaster Legal Services Hotline is a service provided in conjunction with the American Bar Association Young Lawyers Section and the Federal Emergency Management Agency (FEMA) to provide basic civil legal services for victims of a natural disaster who cannot otherwise afford legal representation. (https:// flayld.org/get-involved/disaster-relief-fema-hotline) Additionally, if you are interested in joining the Twentieth Judicial Circuit Pro Bono Committee, Hayward says they have seats available. “Anybody interested and willing to help us can join our committee,” he says.

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legal lens

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1. Kathleen Fitzgeorge, Ted Fitzgeorge 2. Beverly Grady, John Lai 3. John Webb, Jim Kelleher 4. Leland Garvin, Capt. Chris Wittman 5. Spencer Cordell 6. Hon. Gilberto Perez, Hon. Kimberly Davis Bocelli, Hon. Tamara Lynn Nicola, Hon. John McGowan, Hon. Kyle S. Cohen 7. Michael-Anthony Pica, Drew Fritsch, Dan Detrick, Cynthia Duff 8. Capt. Chris Wittman, John Lai, Leland Garvin, Bob Beville, Lauren Baugh, P.J. Scheiner, Blake Hampton For more pics, check out the gallery at LeeBar.org

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1

4

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8 LeeBar.org

Photos courtesy of Jim Jett Photography

On August 20, the LCBA "Captains for Clean Water Luncheon and CLE" was held at the Sidney & Berne Davis Art Center. The lunceon was sponsored

by Garvin Injury Law. Bob Beville, VP Waterman Broadcasting and CFCW board member, moderated and panelists included: Leland Garvin, Esq., P.J. Scheiner, Esq., Capt. Chris Wittman, Co-founder of Captains for Clean Water and John Lai, President/ CEO of Sanibel & Captiva Islands Chamber of Commerce.

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October 2021

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special feature

The Hispanic Bar Association is providing safety and food for the Hispanic community by karla y. campos-andersen, esq.

H

ola Amigos!!! We hope everyone is doing well and living not such a Vida Loca! The mission of the Miguel C. Fernandez III Hispanic Bar Association is to improve the administration of justice, as well as rendering services and opportunities, to members of the community with a focus on the Hispanic Community. Equally important, we Honor Miguel C. Fernandez III and continue his legacy.

NUMERO SEGURO INITIATIVE After the initiation of the Hispanic Bar

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Association, the Chief of the Fort Myers Police Department, Derrick Diggs, approached our Executive Board asking for help in an important matter affecting our local Hispanic population. Crime in our community against the Hispanic population has been on the rise. The Hispanic population is not reporting a significant number of crimes perpetrated against them or other loved ones due to their lack of trust and understanding of the law. Moreover, some members of the Hispanic community fear retaliation or deportation if they come forward to report a crime. Language barriers also play a role in the underreporting.

Members of the community are

LeeBar.org

repeatedly being abused, robbed, and victimized and are keeping silent.

Criminals are counting on their victim’s silence and fear. Chief Diggs asked our Hispanic Bar to come up with a community outreach program to help them end this vicious cycle.

The Board has been spending an extensive amount of time behind the scenes working with the police department. The Board proposed a program named “Numero Seguro”, which translates to “Safe Number”. A collaborator of this project is Reverend Israel Suarez from the Nations Association. He graciously offered a “safe

our Hispanic population. These officers will speak Spanish and be trained on the policy of the program.

The next step is to work with other local clergy to promote this Numero Seguro.

The Board is scheduling meetings with the clergy and their congregations to get the word out. The Board is also drafting the call script and training the Numero Seguro call center. Volunteers will be needed shortly. We are very excited about this program and believe it has great potential to make a major impact on our community.

TURKEY DRIVE

haven” phone number for the Hispanic community to report crimes. The goal is to offer a person they consider safe to speak with who will direct their call to someone who will meet their needs.

Specific police officers from the police department will be assigned to be Numero Seguro officers. These police officers will build trust and rapport with

The Third Annual Thanksgiving and Turkey Drive last year was a success!! We raised over $4,500, which allowed us to feed more than 420 individuals and 250 families with a Thanksgiving meal they could not provide themselves. One single mother of three thanked us profusely. She said it was her family’s first Thanksgiving meal in years. She was so touched by our generosity, she decided to pay it forward and invited two other struggling families to her home to share the little bit we donated to her family.

Hearing stories like these ignites a fire in me and makes me want to make our Fourth Annual Thanksgiving and Turkey drive even more of a success. This Turkey Drive is making a difference!! Thank you all who donate. YOU are the reason we can make a difference!!

The Fourth Annual Thanksgiving and Turkey Drive takes place from November 1st through the 18th, 2021. The drop-off location for your turkeys will be at the Grace Church, located at 13 SE 21st Place, Cape Coral, Florida 33990. Monetary check donations may be mailed to 1617 Hendry Street, Suite 311, Fort Myers, Florida 33901. We hope to be able to provide a method to donate online and by text. The checks may be made out to Grace Church with HBA Turkey Drive in the memo. If it is safe to do so pending the COVID restrictions, we will recruit volunteers to attend the Grace Church festival where the food and donations are handed out.

I am looking forward to another successful year and cannot wait until our Numero Seguro hits the ground running.

Stay safe and healthy! Adios, y mejor deseos a todos!

Photo opposite page: Members at the initiation kickoff of the Hispanic Bar. Photos this page: Top - Miguel Fernandez' son-in-law, Michael Washington, wife, Denise, daughter, Mariah Washington holding grandson, Liam.

Left - Thanksgiving celebration at the Grace Church.

Karla Y. Campos-Andersen, Esq. is a Past President of the Lee County Bar Association (2012), and current member.

She is a sole practitioner focusing her practice on criminal defense, and family and matrimonial-related issues. She is actively involved in many organizations, but her favorite thing in life is spending time with her happy baby girl, Kaydence, her rock star Husband, Mike, and her snuggly dog, Mocha!

October 2021

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guest attorney

How the pandemic has changed the business of real estate by michael p. lehnert, esq.

2

020 ushered in long awaited legal and technological advancements into the real estate market, which, by seeming happenstance, were immensely beneficial in allowing the market to cope with COVID-19’s shocking effects.

2021 has seen the assimilation of those advancements into the practice. The efficiency gains from those advancements are more effectively servicing the booming real estate market. Additionally, there is a reorientation of some practitioners’ business development perspective.

They are accounting for newly available, tangible opportunities to represent clients, not just locally, but across the nation.

Those opportunities, at least for small to mid-size firms, were previously difficult to secure and maintain.

The advent of remote online notarization (RON), along with Florida legislature’s sanctioning its use in Florida, has made it dramatically simpler for practitioners and real professionals throughout Florida to facilitate the execution of documents for clients across the nation and abroad.

Moreover, the revision of ch. 689, Florida Statutes, which removed the requirement to have two witnesses for each signatory to a lease, tremendously improved the

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efficiency of the lease finalization process.

The introduction and authorization of RON and the removal of the two-witness requirement could not have come at a more opportune time. COVID-19 and the policies of social distancing and minimizing physical contact proliferated the real estate market and threatened to undermine the ability to transact business.

Real estate practitioners, professionals, and market participants turned toward RON and the removal of the leasing witness requirement to close deals from the safety of their homes. They avoided the delays and risks associated with scheduling and attending in-person meetings.

Remote online notarization, electronic signing platforms, such as Docusign, and reliable video conferencing — with the ability to share computer screens in real time — have made it so a practitioner almost never needs to interact face to face with a client (except for old fashioned getting to know someone, which, even from a millennial’s perspective, could never be replaced with technology).

While this may have its downsides, the big upside is a practitioner now, more than ever, can develop and retain business outside of their local jurisdiction, where previously that ability was seemingly left to larger law firms with massive resources.

Not only has the practice of real estate law changed due to these legal and technological advancements, but so has the market.

On the home development side, a product in a formerly marginal sector of the market is starting to gain popularity – communities and homes built for renters, not purchasers. With the pervasion of COVID-19 came a heightened sensitivity to our proximity to one another, the hygiene issues associated with that proximity, and the unavoidable, elevated frequency of interactions associated with close-quarters living arrangements. Building homes for rent, rather than apartments, seeks to capitalize on this new perspective and the change in consumer preferences that accompanies it.

For better or worse, nationally and locally, the restaurant industry has been substantially impacted. Restaurant-goers are demanding outdoor seating and patio

areas, even in the Florida heat, as they want to feel they can enjoy their meal, free of the fear that another patron may be spewing viral particulates into their shared, confined airspace.

Not only are customers demanding open-air seating, but demand for curbside pickup and delivery options, especially “contactless” options, have increased exponentially. As a result, restaurant tenants are now looking to secure designated parking spaces near their building suites to make curbside pickup options economically feasible and effective. Landlords are considering whether to incorporate these new market demands into their future concepts, a key factor being whether these demands are just a fad or whether they have been integrated into a new normal.

On the technical side, recent societal events have breathed new life into real estate practitioners’ and professionals’

consideration of pandemics, epidemics, governmental shutdowns, and other critical events as material issues when negotiating default provisions or continuous operation provisions. There is a fresh understanding just how adverse an impact those circumstances can have on a market participant.

While 2020 may have been rough for many, it was a good year for Florida real estate, and 2021 is shaping up to be even better.

Michael P. Lehnert, Esq. is an attorney with Pavese Law. He concentrates his practice in the area of real estate law and has been named a “Rising Star” by Florida Super Lawyers® in 2020-2021 for his work in the field of real estate law. He graduated from Bishop Verot High School and serves as Immediate Past Chair of the Lee County Board of Big Brothers Big Sisters.

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the dish

offering awesome culinary options by lauren baugh

W

hen I first started my position as Executive Director in August of 2019, I was thrust into planning events. I sought out mentors, and I am so thankful for all of them, one company in particular. Karen and Mike Gavala, who co-own G3 catering, offered help with every detail, not just catering, for our regular lunches.

When it came time to plan a 200-plus person gala, I figured I would just kind of know what to do. I learned that was not the best approach. While many of those involved in the Bar helped me, they were busy with lawyering. I had so many deadlines to meet, and Karen came to help. She kindly offered to meet with me in person and show me things I had

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a hard time seeing myself. I am a visual learner and have great creative vision, but the ideas come to me when I am on site.

Karen and Mike continue to offer this to me for each event. We either meet in person, email a zillion times (this is because I often have many random thoughts, questions and, of course, ideas) or chat on the phone. They always offer constructive ideas to help solve any problems I may not see.

While planning this year’s gala, which is a huge undertaking, I knew the venue (the Edison Ford Winter Estates) and the theme. With this event being outside for the first time since I joined the team here at the LCBA, I had a vision and no idea how to execute it. Without hesitation, Karen offered to meet me at the EdisonFord Estates and help.

LeeBar.org

Karen and I met with Lindsey, the Events Coordinator, and Karen walked the site with me. Together, we planned the bar area (did you know G3 has a liquor license and can provide a FULL bar for your event?!), the cocktail reception, the dinner service, the table layout and even where the band should be placed. After that meeting, I left with a vision of what, where and how, as well as with a few meal options to please even the pickiest eater.

Each event I have with G3, I always have some sort of crazy idea, and they are always able to help me execute the idea in a cost-effective, sensible and logical way.

Recently, I met with them to take a tour of the Burroughs Home and Gardens. They have taken over the responsibilities of

both operations and management of that facility, and I had never been there. It is a beautiful place on the water, and I am sure the sunset is breathtaking!

After the meeting, we decided to talk about our upcoming events (did I mention they are our exclusive LCBA event catering company?). During the discussion, I learned they own a venue in Fort Myers called “Misty Morning Barn”.

Their website shows photos that make me want to have a party there so bad (anyone up for an upscale Hoe Down?!).

After Mike and Karen treated me to lunch, they hugged me goodbye. How many of your professional vendors do you hug?

More than likely none. You chat on the phone or via email and get the order in, and then you see their staff when the order is fulfilled. This is not how G3 works.

They are not only extraordinary business people; they are also wonderful humans in general.

I should also mention Mike sits on the board of LARC, Inc. (an organization meeting the needs of individuals with intellectual and developmental disabilities and their families). This is noteworthy.

I can honestly say I recommend my friends, Karen and Mike Gavala (G3 Catering) to anyone seeking incredible culinary options for any event, small or large!

Photos top left clockwise: Mike and Karen Gavala, sausage stuffed cremini mushrooms, chicken cordon bleu bites with veloute, beef tenderloin sliders, shrimp with cocktail sauce, strawberry shortcake, Misty Morning Barn exterior during an event, baked brie wth fig jam and pignoli nuts, New England lobster rolls on mini hand-made rolls.

October 2021

G3 Catering

12165 Metro Parkway Fort Myers, Florida 33966

G3Catering.com MistyMorningBarn.com Facebook.com/G3Catering (239) 887-0069 info@g3catering.com

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

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judge spotlight

Hon. Nicole Mirra

1. I have had a jury trial as an attorney in every county within the 20th Judicial Circuit.

2. Boating and scuba diving are favorite pastimes of mine.

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5. One of my favorite vacations was traveling to Iceland.

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member spotlight

Andrew Banyai, Esq.

1. I can dance almost as well as Michael Raheb, who is a spectacular dancer. I am probably better than 25-50 random people off the street. Raheb is like 1 in 1000.

2. I first met Judge Devin S. George over 20 years ago when we were both studying at the University of London. When I first met Judge George, my hair was longer than hers.

3. I have told my son over 100 hours of original bedtime stories about the enemy Goomba from Super Mario Bros. who overthrows the evil King Bowser.

4. I once had a job for six months in Michigan as a farm hand on a combine wheat harvester.

5. I operate a motor vehicle only once per year, and that is the golf cart at the annual Lee County Bar Association Golf Tournament.

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in the news Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that Registered U.S. Patent Attorney Luca Hickman is now Florida Bar Board Certified in Intellectual Property Law. Board certification is meant to help the public identify attorneys who have substantial experience and have demonstrated special knowledge, skills and proficiency in certified areas of practice and professionalism and ethics in the practice of law. Hickman focuses his practice in all aspects of copyright, patent, trademark and trade secret matters.

Twentieth Judicial Circuit Public Defender Kathleen Smith was recognized as the winner of the 2021 Women of Distinction in the category of Elected/Government Leader. Women of Distinction is an awards program where local women are honored and recognized for excellence in their area of expertise. There is a nomination and selection process to identify the Women of Distinction in twenty categories. Smith was initially elected Public Defender in 2008 for the 20th Judicial Circuit, serving the citizens of Charlotte, Collier, Hendry, Glades, and Lee Counties.

The law firm of Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that stockholder and litigation attorney Heath Gelman was accepted into membership with the Federation of Defense and Corporate Counsel (“FDCC”). Gelman represents individuals and companies in matters of automobile negligence, premises liability, professional liability, first party insurance, and wrongful death. He also handles construction defect litigation and represents lawyers, architects, engineers and other design professionals in various aspects of risk management, claims and litigation.

Henderson, Franklin, Starnes & Holt, P.A., is pleased to announce that The Florida Bar Tax Section has honored Guy E. Whitesman as the 2021-2022 Gerald T. Hart Outstanding Tax Attorney of the Year.

The Florida Bar Tax Section chair selects an individual each year who has made major contributions to the advancement of tax law and who exemplifies the highest standards of competence and integrity.

Whitesman is the past chair of both The Florida Bar’s Tax Law Section and Tax Law Certification Committee.

Hahn Loeser & Parks LLP is making a combined $20,000 commitment to Harry Chapin Food Bank of Southwest Florida for 2021-2022. The firm’s Fort Myers and Naples offices have each pledged $5,000 in 2021 and 2022 to the food bank. “We recognize that many people in our communities are continuing to struggle,” said Hahn Loeser CEO and Managing Partner Stanley R. Gorom III. “We believe this partnership gives us an opportunity to provide direct help to some of the most vulnerable people in our communities.”

Attorneys Shannon M. Puopolo, Matthew Roepstorff and Amy Thibaut have been selected as members of Gulfshore Business Magazine’s 2021 “40 Under 40.” Each year, Gulfshore Business Magazine identifies 40 individuals under the age of 40 who have distinguished themselves in their professions and in the community. Puopolo is an attorney with Henderson Franklin handling complex business litigation.

Roepstorff is an attorney with Gray Robinson handling mergers and acquisitions, corporate law, litigation, and government law. Thibaut is an attorney with Pavese Law Firm handling Land Use, Environmental and Real Estate Law.

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LeeBar.org

Award-winning leaders.

Trusted trial attorneys.

Frank Aloia Jr.

Ty Roland

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+ Litigation + Business & Commercial Law + Corporate Transactional Law + Construction Law + Real Estate Law

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Jack Morgan

+ Estate Planning & Probate + Family Law + Personal Injury & Wrongful Death + Property Damage + Class Actions & Mass Torts

LawDefined.com

Our Dedicated Service Defines Us. Aloia, Roland, Lubell & Morgan is headquartered at 2222 Second Street + Ft. Myers, FL 33901 info@lawdefined.com + (239) 791-7950 + Discover us for yourself at LawDefined.com October 2021 RES GESTAE

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

PRSRT STD U.S. POSTAGE

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

FT. MYERS, FL PERMIT NO. 147

LeeBar.org

ENB ad

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

“A LOAN CAN SPARK ENDLESS POSSIBILITIES,

including a better way of doing business.”

— Greg Blurton, Vice President, Sr. Commercial Loan Officer

Like Thomas Edison,

we believe there is always “a better way.” To us, that means being attentive, invested and involved in the efforts of our community’s business leaders as we provide them with commercial lending services that empower them to reach their goals.

We’re Standing Strong with Money to Lend. Experience the benefits of joining Edison National Bank/Bank of the Islands.

Edison National Bank/ Bank of the Islands customers enjoy:

• free online and mobile banking • no-fee access to their account funds at any Publix® Presto! ATM

• free bill pay services for personal account holders

• courier and cash management services for business clients

• streamlined processing for all loans

including commercial and residential mortgage loans

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.