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How to File a Small Claims Court Case in Florida Without a Lawyer

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We’ve all been there.

Maybe it’s when you hired a handyman to repair your fence but left with only half the panels up.

Maybe it was when you paid for a new website, but the developer stopped returning calls.

Perhaps it was when someone backed into your parked car and then drove away.

It could have been when the apartment complex didn’t fix the air conditioner or when the TV broke, but the store refused to issue a refund.

In all those cases, and so many more, you deserve compensation, even if it is just getting your money back. While you always want to consult a lawyer as a first step, Florida has a clear pathway for you to avoid paying significant legal fees by handling the case by yourself.

If you believe you are owed less than $8,000, then you could easily try to recover that amount in small claims court.

While you can handle a small claims court case by yourself, the attorneys at The Orlando Law Group can help you with any questions you might have along the way.

What is eligible for small claims court

The key for small claims court is that you believe the amount owed to you is under $8,000, not including any court costs, attorneys’ fees or interest on the settlement. There is no minimum level either. You can sue for less than $100, although the court costs will probably be more than $100 in most small claims cases!

If the monetary amount is correct, traditional small claims court cases cover eight types of cases in Florida. According to the Florida Court System, those are:

  • Auto Negligence
  • Goods Sold
  • Work Done/Materials Furnished
  • Money Lent
  • Promissory Note
  • Return of Stolen Property from Pawnbroker
  • Return of Property from a Government Agency
  • Account Stated (collection of a bad debt)

In each of these cases, a statute of limitations may apply. If you believe your case is more than a couple of years old, let The Orlando Law Group check to make sure you can still file it.

The first steps of a case

As with any legal action, it is always best to try and settle the case without a lawsuit. Keep trying to reach the person or business who you believe should be compensating you and document every correspondence.

As part of that process, let them know that you will be filing a small claims case against the person or company and provide the date.

For instance, a simple email to the company saying this would be a good start:

“Dear [Name],
On [date], I paid you $600 to repair my fence, but the work was never completed. I request a full refund by [date, at least 7–14 days from the letter]. If not, I’ll pursue legal action in small claims court.”

At the end of the time you have given to make the payment, if there is no action, you should then file your case by submitting the required forms and paperwork.

Every county court system may be a little different, and it is important to file a claim in the county where the issue arose, so please check each county court. In Orange County, you can purchase a packet of all forms needed for just $2.

The primary form is the “Statement of Claim.” This form is relatively basic. In fact, other than name, address and phone number, there is one basic question in Orange County’s form is “The above named Plaintiff(s) sue(s) the above named Defendant(s) for: (Explain your claim here).”

With that form, you’ll need to go to the courthouse and file the needed paperwork and pay the associated costs for the small claim case.  In Orange County, it is based on the amount in the claim and range from $55 to $300.

Pre-trial conference and mediation

As with any court action, you have to let the opposing party know that you have sued them. Most people are familiar with this process from TV shows and movies, where someone has been “served.”

To serve your opposing party, contact the local sheriff’s office and they will find and serve the opposing party with the notice of a lawsuit. In Orange and Seminole counties, it costs just $40 to pay the sheriff’s office to perform this service.

Once they are served and have an opportunity to respond or countersue, the courts will hold a pre-trial conference that can include a mediation process between the two parties.

The hope is that when sitting in the courthouse, you will be able to work out a compromise or simply receive the total amount owed. The courts understand it is much better and cheaper if you can solve the issue without a trial.

The trial and your victory

If you were not able to come to a resolution during the pre-trial conference or mediation, the next step is a full trial. This is traditionally just in front of a judge for a small claims case, but you can request a jury trial if you would like. Just remember, a jury trial means you will need to convince more people that you deserve to win, not just the judge.

At the trial, it is critically important to be prepared. You need to have all documents and correspondence easily available. You need to make sure any witnesses are there and that you have talked to them about what the witness saw or heard.

And during the trial, you’ll need to remain calm and precise. Respond to questions from the judge, understanding the rules. While outbursts in court make good TV, they may hurt your case in small claims court.

After the trial, either that day or by mail, the judge will render his or her decision.

When you win your case, hopefully, collection will not be difficult. If there are any issues, it is highly recommended that you file a lien against the company or person you sued. File the lien with the comptroller or clerk of your county. You can also file for a garnishment of wages and refer the bill to a collection agency.

The good news with small claims cases is that there is a lot of help for you along the way. Of course, The Orlando Law Group can help, but many county courts have divisions to help. For instance, the Orange County Clerk of the Courts has a self-help center specifically for small claims court and other legal matters you can handle yourself.

The attorneys at The Orlando Law Group helps individuals and businesses on a wide range of matters in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly. 

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Five Resolutions for Your Business in 2025

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The new year brings significant opportunities for businesses. For many, it’s time to reset and look forward, examining the company goals and seeing what steps can be taken to meet and exceed their annual goals in 2025. For others, it is a time for reflection, a look back at the previous year to see what went right and what went wrong and how to change course, if needed.

From a legal standpoint, there are certain things the new year brings a great opportunity to review. Hopefully, everything on this list is already checked off, but if you’re looking for a New Year’s Resolution for your business, here are five ideas that can be completed fairly quickly.

  1. Review your business structure and make sure you have the right documents for that structure.
  2. Check to make sure your contracts are truly being fulfilled.
  3. Resolve any outstanding disputes.
  4. Complete performance reviews for employees and contractors.
  5. Develop or finish your exit plan.

The attorneys at The Orlando Law Group can help you meet these resolutions quickly. Just like the resolution so many people make to join a gym, the first step is reaching out. We are here to help.

Resolution No. 1: Review your business structure and make sure you have the right documents for that structure

Companies often ebb and flow. They evolve. They change how they are operated and revise their missions and goals.

Too often, however, the company’s original business structure stays the same.

There are so many different types of business structures, from a Limited Liability Company to a B Corporation and so much more. Maybe it is time to create an ESOP or move from a partnership to a sole owner.

The important thing is to talk with your lawyer and accountant to ensure your company is structured in a manner that provides you the most financial benefits, along with the most legal protections.

Every company is different, making it difficult to say all the reasons why companies are structured in specific ways. That’s why it is a good time to dig in and review your company’s goals.

But here are a few questions you can ask:

  1. If you were to get sued, how damaging would it be to the owners of the business personally?
  2. How many employees will you add over the next few years?
  3. Are you looking for investment this year or did you start bringing on investors in the past year?
  4. What are the goals of each of the partners over the next few years?
  5. Are there expansion plans for your business to add new locations?
  6. What are your exit plans? (See resolution No. 5.)
  7. How have tax laws changed since you started the company?
  8. Are you thinking about starting a new line of business with a new product or service?
  9. How extensive is your use of 1099 contracted workers?
  10. Are you thinking about offering your goods and services in a different state?

The answers to these questions all impact on how your business is legally structured.

During this review, you might find the current structure is the right structure for your business. However, if you’ve been in business for a while, it would be time to review all of the documents for your business.

After all, laws and regulations change. There may be new requirements you are unaware of. There may be new paperwork required from state, local and federal governments. All of this can impact your business and, if you have outdated documents, you could be subject to fines and penalties.

It is a fairly simple step to review your structure and your company’s documents, but not doing so can have significant financial repercussions in the future.

Resolution No. 2: Check to make sure your contracts are truly being fulfilled

When you enter into a contract with a vendor or a supplier, there is always a set of terms, including the services being provided. This is the outline of how the relationship works.

Over time, it is common for those responsibilities to slip or change. Maybe billing is a bit different than what was outlined. Maybe a new service or product was added to the list, or maybe something has proven to not be productive.

None of that necessarily means that the vendor or supplier is doing a bad job or not fulfilling the terms of the contract. In many cases, changes to the terms are agreed by both parties.

However, the contract needs to reflect the current state of the relationship to prevent any sort of legal issues down the road in case the relationship starts turning for the worse.

If there have been changes to the relationship, it is a good time to rework any contracts that need to be changed to accurately reflect what is being provided and any other aspects of the contract.

Of course, if a supplier’s or vendor’s work has not been to your satisfaction, a review of your contracts could be a good opportunity to work with the company to improve their performance – or end the relationship. (See Resolution No. 4)

Just make sure to follow the terms of the contract to end the relationship in a way to avoid any legal issues. The attorneys at The Orlando Law Group can assist with that.

Resolution No. 3: Try to resolve any outstanding disputes

Having a dispute with a customer, a vendor, a supplier or anyone else can be costly. Legal fees add up, but what happens if state regulators become involved? How much business will you lose when a dispute is taken to social media? How much productivity will you lose while focusing on a dispute?

It is much better to resolve disputes as quickly as possible and do everything you can to prevent disputes from happening.

Unfortunately, that cannot be 100 percent possible, so use the new year as a way to try to make a fresh start.

Of course, that doesn’t mean you capitulate to the other side of the dispute or that you compromise your morals or integrity. What it means is that now is a good time to see if there is a compromise or a way to satisfactorily resolve ongoing disputes.

Every dispute is different and there simply may not be an option to bring about a resolution, but your business will be healthier and more productive if you can find a way to end any dispute.

Resolution No. 4: Complete performance reviews for employees and contractors

Every large corporation has a formal process for employee reviews. There’s a reason for that. Holding performance reviews can help prevent disagreements and can help employees grow.

For many small businesses, where the owner and the employees work closely together, performance reviews can often be an afterthought. After all, the thought is that since the employee/owner relationship is close, the employee would share them immediately.

Also, if the employee hasn’t said anything and is overperforming, it is human nature to think that everything is OK and that a formal performance review will only cause issues.

Unfortunately, most employees will not willingly share their feelings of being disgruntled or unfulfilled. That leads to a surprise when the employee decides to take another job paying them just a little bit more, costing the business productivity to train a new employee.

Similarly, many businesses don’t have performance reviews for their contracted workers. After all, they are bound by the terms of a contract, you should have less control over the contractor’s overall performance and the termination of a contract shouldn’t have as big of an effect on the business.

In both cases, it is always better to have a performance review to find out if there are any issues, what can be changed in the relationship to make it better and to learn the goals of the contractor or employee.

According to Harvard Business Review, here are a few things to consider when approaching the annual performance reviews for employees and contractors.

  1. Convey your positive intent
  2. Describe specifically what you have observed
  3. State the impact of the behavior or action
  4. Ask the other person to respond
  5. Put regular follow-ups on the schedule

By ensuring you have completed these reviews as the calendar turns, your business should be more productive throughout the next year.

Resolution No. 5: Develop or finish your exit plan

As a business owner, it is not easy to think about life after the business. Sure, you can dream about sitting on a beach with a cocktail during retirement, but for many business owners, their company is part of their personality and certainly a major part of their lives.

Of course, the end might not be retirement. It may be that your goal is to sell the company and start another one with the proceeds. Serial entrepreneurs do this all the time.

It may be that you want the legacy of the company to move forward, but you would like someone else to run the day-to-day operations and you might see that for the company to scale, you’ll need a much different ownership structure.

You also might think about the day when your children will run the business, and you can see them build on your foundation.

The stark reality is that it is very difficult to maintain a business after the original owner leaves or dies. Forbes wrote about a study that showed “sales dipped by 60%, on average, four years after a business owners’ death, and employment at the firms was down 17%. The survival rate of firms where the owner died two years afterward was 20% lower than at similar firms where the owner was living. At the same time the likelihood of bankruptcy rose at firms where the owner passed away.”

That doesn’t need to happen to your business if you ensure your exit plan is complete.

In your exit plan, you’ll need to think about your life goals. You’ll need to think about who will replace you. You’ll need to think about what the company would need to move forward without you. You’ll need to think about your estate plan and how your family would be compensated if you were to suddenly die.

Those are just a few of the questions you will need to ask.

Then you’ll need to set up your exit plan into a formal document and process. There are many, many ways to give your business the best opportunity for success after you leave.

The attorneys at The Orlando Law Group can help you with exit plans and all types of issues in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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Understanding Service Animal Regulations for Airbnb Hosts in Florida

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Being a host of an AirBNB can be a rewarding business, providing a source of income for investment properties. Of course, there are always hassles with guests over myriad issues.

One thing that is difficult to argue over is service animals.

To be clear, if you are an AirBNB host and try to deny a guest accommodation for a service animal, you could be charged with a crime.

When it comes to service animals, it’s best to let guests utilize a service animal in nearly all cases otherwise you risk serious repercussions.

The Orlando Law Group can help you work through all the regulations – like service animals and other Americans with Disability Act issues – that come with being an AirBNB host.

What are the service animal rules for an AirBNB?

In Florida, any AirBNB rentals are classified as vacation rentals, which puts them under the “public accommodation” category. That means any regulations under the ADA legislation apply to AirBNB.

Federal law prohibits any business offering public accommodation from refusing any service animal from entering an establishment.

In some ways, the regulations covering service animals are relatively strict. According to ADA.gov, “a service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability.  The task(s) performed by the dog must be directly related to the person’s disability.”

In Florida, the only difference is that a service animal can also be a miniature horse.

While the service animal must be a dog or a horse, there are no certifications, training or any other item that is required to call either a service animal.

How do I prevent service dogs and horses?

In a nutshell, you can’t.

If a guest shows up with a service animal, even without prior notice, you must let them stay, although you can ask two key questions to confirm the animal is a true service animal, according to ADA.gov.

First, is the service animal required because of a disability?

Second, what work or task has the animal been trained to perform?

You cannot request proof they are service animals. You can’t ask to see the animal in action. You cannot ask about the disability the animal is assisting.

However, there are a few things that a host can utilize to ask a service animal to leave. According to Florida statutes, A public accommodation may exclude or remove any animal from the premises, including a service animal, if the animal is out of control and the animal’s handler does not take effective action to control it, the animal is not housebroken, or the animal’s behavior poses a direct threat to the health and safety of others.

A properly trained service animal should not bark, should not be wild, and should not go to the restroom any place it is not supposed to.

Tampa AirBNB Host Charged with a Misdemeanor

Earlier this year, an AirBNB host in Tampa was charged with a crime after forcing a guest with a service dog out of the AirBNB. The host offered the guest a free night stay but wanted the dog to leave.

In that case, the guests contacted AirBNB customer support explaining the dog was a service animal trained to sense seizures. However, AirBNB responded that the owner was highly allergic to pet hair and that the dog needed to leave.

The result was the owner being arrested for a second-degree misdemeanor, “denial of rights of the disabled.”

According to ADA regulations, “allergies and fear of animals are not valid reasons for denying access or refusing service to an individual with a service animal.”

Luckily for the owner, his attorney found a loophole because the host lived in the AirBNB that was being rented out. Thus it was not a fully public accommodation and the ADA laws did not apply. The charges were dismissed.

That sort of arraignment is very rare with AirBNB, though. In nearly all cases, you will need to allow a service animal into your AirBNB without any pet deposit or any other restrictions.

The attorneys at The Orlando Law Group can help AirBNB hosts with these types of issues in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and Central Florida.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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How Does My Business Deal with Service Animals?

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Most businesses that interact with the public have encountered an issue with service animals. Perhaps someone wanted to bring their emotional support cat into the restaurant or wanted to trot their miniature horse around the grocery store.

On the surface, it seems both of those examples would be easy to deny, but in Florida, denying the public entrance because of a service dog or miniature horse can get you into significant trouble.

But the cat?

It’s an emotional support animal and is not covered under the Americans with Disability Act

The rules on accommodating those with disabilities can be difficult for many businesses because their owners want to do the right thing, but often want to do prevent an animal from entering when it affects the overall business.

The attorneys at The Orlando Law Group can help any business that might have concerns about accommodations for service animals.

What is a service animal?

It’s important to understand what constitutes a service animal according to legal definitions.

According to ADA.gov, “A service animal is defined as a dog that has been individually trained to do work or perform tasks for an individual with a disability.  The task(s) performed by the dog must be directly related to the person’s disability.”

Let’s start with the animal must be a dog in most places. In Florida, it also includes a miniature horse.

Then the laws covering what is a service animal are based on the honor system. There are no certifications, training, or any other item that is required to call a dog or miniature horse a service animal.

There cannot legally be a support alligator, cat, parrot or any other type of animal. Those could be emotional support animals, but that is not covered by the ADA.

And, if a person walks into your store with an emotional support dog, one that is there to calm anxiety and not trained as a service animal, you can deny access.

Do the Laws Apply to My Business?

If you have anyone from the public enter your business, the laws covering service animals apply.

According to the ADA and Florida Statutes, an individual with a disability has the right to be accompanied by a service animal in all areas of public accommodation that the public or customers are normally permitted to occupy.

According to Pettable.com, examples of this include:

  • Parks, zoos, and other recreational facilities
  • Sales, rental, and service establishments
  • Convention centers, sports stadiums, and other gathering places
  • Hotels and lodging establishments
  • Restaurants
  • Public transportation stations
  • Museums, galleries, and libraries
  • Educational institutions

Frankly, if you allow anyone who is not an employee into your business, you need to allow a service animal into your business.

How do I prevent service dogs?

In a nutshell, you can’t.

If a customer shows up with a service dog, you must let them in, although you can ask two key questions to confirm the dog or horse is a true service animal, according to ADA.gov.

First, is the service animal required because of a disability?

Second, what work or task has the animal been trained to perform?

You cannot request proof they are service animals. You can’t ask to see the dog in action. You cannot ask about the disability the dog is assisting.

However, there are a few things that a host can utilize to ask a guest with a service animal to leave.

According to Florida statutes, A public accommodation may exclude or remove any animal from the premises, including a service animal, if the animal is out of control and the animal’s handler does not take effective action to control it, the animal is not housebroken, or the animal’s behavior poses a direct threat to the health and safety of others.

A properly trained service animal should not bark, should not be wild, and should not go to the restroom any place it is not supposed to.

A service dog should not be carried in a shopping cart but could be carried by the guest. The service animal can’t be fed at the table in a restaurant or sit in a chair at the table. The service animal cannot go in the pool at the gym and cannot be left in the hotel room.

A service animal is there to provide a medically needed service, just like a wheelchair or an oxygen tank, not to be a part of the family or a pet.

Two Exceptions for Businesses

While most businesses must allow service dogs, there are two exceptions where businesses can summarily ban service dogs.

First, the law allows a business to prevent service animals if the service animal fundamentally changes the nature of the business.

ADA.gov gives a great example of where a boarding school, that is open to the public, has a set of rooms specifically for children with allergies. The school could ban service animals – but only for that section of the school.

Second, if the service dog presents a safety hazard to the business, service animals can be banned.

The ADA.gov example showcases the issues with a zoo. Many animals are prey to dogs, and the presence of a dog could create serious issues for those animals. The zoo could ban service animals only in those exhibits and not in the entire zoo.

It’s hard for most businesses to fit into those exemptions and before establishing such a requirement, a business owner should have an attorney review their specific case.

The attorneys at The Orlando Law Group can help businesses with these types of issues in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and Central Florida.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

 

 

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Understanding Defective Liability Product Claims

Hurricane Season is Here. Are You Ready For Insurance Claims?

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Over the past few years, the Florida Legislature has made significant changes to property insurance rules, often impacting how you can fight your insurance company.

The goal of these rules was to stop the massive increases in property insurance we all have seen recently. It is still up to debate as to whether these new rules will have the desired effect, but what it certainly does is reinforce that you need to be prepared in advance for any claims you might have related to hurricanes.

It is more difficult than ever to fight your insurance company. 

As many people know, damage during a hurricane is different than damage during a strong afternoon thunderstorm or a winter hail storm. There are special coverages, special deductibles and more. This also does not include flood insurance, which can also be a significant issue during hurricanes. 

The current forecast for Florida is a very active hurricane season and all parts of Florida can receive damage from a tropical system, so it is critical that you take action now – before the storm is close – to make sure you are prepared to get the largest payout possible for your hurricane damage. 

The attorneys at The Orlando Law Group have a long history of working with clients on their hurricane, windstorm and flood claims that come with a hurricane strike. If you live in Orlando, Winter Garden, Altamonte Springs, Kissimmee or anywhere throughout Central Florida, The Orlando Law Group is ready to help you.

Check Your Coverages

Perhaps the most important part of being able to recover from hurricane damage is to make sure you have the proper coverage for your property and your possessions.

It is confusing to figure that out.

For instance, the Florida Chief Financial Officer, which regulates insurance companies, put out a 12-page booklet just about how the hurricane deductible on insurance works. 

Even that is not an easy read. For instance, here is what that guide says to make sure the insurance company is correctly applying a deductible:

To determine if the company is applying the correct amount for the hurricane deductible, you need to know the following:

  • The effective date of your policy.
  • The amount of Coverage A (Dwelling Coverage) that is listed on your policy’s declarations page.
  • The hurricane deductible percentage that is listed on your policy’s declarations page.
  • Does the declarations page disclose the possibility that the Inflation Guard Endorsement may cause the hurricane deductible to be higher than indicated?
  • If yes, what is the percentage of the Inflation Guard that is listed on your policy’s declarations page?

Sounds easy, right?

That’s why we suggest your review is with an attorney at The Orlando Law Group. There are so many ways insurance companies will find a way to get out of paying your claim, that it is important to eliminate those loopholes as quickly as possible.

And remember, you cannot make any changes to a policy as a storm approaches your home. You must do this long before the first storm is here. To be adequately prepared, you need to come in as soon as possible. 

The earliest a hurricane has hit Florida officially was June 9. Don’t wait until the height of hurricane season for this review.

Perform an inventory of your property and possessions!

Another one of the key aspects of protecting your home and possessions is to have a complete inventory of all your possessions and your property.

At a very minimum, you will need to take a video of your house, both inside and outside. This shows the property before it was affected by a hurricane and gives you physical evidence of most of your possessions. 

For some things, you are going to want to take a step further to provide evidence of your possessions, particularly your valuables. 

Let’s say you have a set of quilts that have been passed down to you through generations. They are stored in a closet, safe and secure as a few were made in the 1800s by your great, great grandmother. 

It’s very valuable, but you never took the time to appraise them. Unfortunately, a flood caused by a hurricane ruined the quilts. Without any sort of value attached to them before the storm, they could be classified as blankets, valued at only a couple of dollars.

Without taking the time to work on your inventory, you could be faced with a loss of thousands of dollars for your most prized possessions. But, with documentation, your claim will be much easier to process and lower the cost of fighting for a fair payment from insurance.

Safe storage of documents is essential

All of the prework that you have done before a hurricane will be for nothing if you don’t keep your documents safe. That doesn’t include keeping the video on your phone or on your hard drive.

In today’s world, storing your files in an online storage system can be productive. Something like Google Drive or Microsoft SharePoint can be good tools to keep your documents in an environment that is protected from a storm.

But, as we know, depending on the track and severity of the storm, there may be widespread paths of power outages that make accessing documents on a server difficult. Plus, what happens if your computers and tablets are destroyed in the storm? Again, this makes it more difficult to access.

That’s why we recommend a waterproof safe to hold all of your important documents, including your insurance policies, your videos and your appraisals. While this might be difficult to access if there is severe damage to your home, it will be there for you even if you do not have access to the internet.

Of course, as your attorney, we can help keep digital files of your legal documentation after we review the information. While we’re in your neighborhood and could experience similar damage to our offices, we’ve structured our storage system to be as secure and as accessible as possible. 

The important thing is to reach out to us before the storm comes and let us help you prepare for any hurricane claim that might arise. 

The attorneys at The Orlando Law Group can help property owners in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

 

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ChatGPT, Artificial Intelligence and the Law

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Just like everyone, The Orlando Law Group wants to explore the capabilities of ChatGPT and other artificial intelligence technology coming out. But we are attorneys and we approach everything with caution.

With any new technology, there are going to be pitfalls. We certainly watched closely as the artificial intelligence system provided fake cases that were used in court pleadings in New York. We are also watching how businesses are starting to use ChatGPT in a wide range of uses, everything from marketing language to creating policy documents to building sales plans.

From what we have seen, the technology is fantastic for searching for information, but there are obstacles that come that may present legal issues for your and your business if you use them.

The Orlando Law Group can help your business with any legal issue that might arise, including ones dealing with new technologies. As a full-service firm with attorneys helping businesses and individuals, we help businesses in Orlando, Winter Garden, Altamonte Springs, St. Cloud, Kissimmee, Sanford and throughout Central Florida.

What is ChatGPT?

Late in 2022, OpenAI unveiled its latest project, ChatGPT. This new tool can research and compose articles, papers and more on just about any subject.

For instance, we asked it “What is ChatGPT in two paragraphs?” In a matter of seconds, it responded with:

ChatGPT is a state-of-the-art language model developed by OpenAI. It represents the cutting-edge in natural language processing and generation technology. Built upon the GPT-3.5 architecture, ChatGPT has been trained on an extensive corpus of diverse and high-quality text data, enabling it to understand and generate coherent responses to text-based prompts. The model utilizes a transformer architecture, which allows it to capture long-range dependencies and contextual relationships between words and sentences.

With ChatGPT, users can engage in interactive and dynamic conversations with the model, making it a versatile tool for a range of applications. It can serve as a chatbot or virtual assistant, providing human-like responses and assistance in various domains. It can also be used for content generation, translation, and aiding in research tasks. While ChatGPT exhibits remarkable language understanding and generation capabilities, it’s important to exercise caution and verify information obtained from the model, as it may occasionally produce inaccurate or misleading responses. Nonetheless, ChatGPT represents a significant advancement in the field of natural language processing and is poised to shape the future of human-computer interaction.

Maybe we should have asked it for a simple definition…

What could go wrong?

As with any new technology, there are too many possibilities for something to go wrong that we can not possibly see every legal issue that might arise in the future and there is a strong possibility that legislation might affect those issues.

But for now, there are a few things we think could cause legal issues.

  1. Copyrighted material:

Every business should be very protective about their copyright materials and be careful not to use copyrighted material. ChatGPT could create issues for the user – and the copyright holder.

Bloomberg Law wrote a tremendous piece on this subject, but the central aspect on copyright issues is what role a person plays.

Late last year, the U.S. Copyright Office issued the following:  The Human Authorship Requirement – The U.S. Copyright Office will register an original work of authorship, provided that the work was created by a human being. The copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the mind.” Trade-Mark Cases, 100 U.S. 82, 94 (1879).

Basically, this says if the material is determined to be an output of a computer, then it is not eligible for copyright protection. Of course, that is subject to interpretation too. Does the prompt given to ChatGPT constitute “human authorship?” That is still to be determined.

What about your copyrighted material? After all, your words, your lyrics, your designs are most likely in the public domain and could be used by ChatGPT. In that case, it is somewhat based on traditional laws. Did the user plan to make money off the copyrighted materials? If so, you might have a case.

  1. Trademarks and licensing

In this case, it is fairly straightforward. While artificial intelligence is very good at utilizing photographs and images, you simply can not do that in any marketing aspect. In most cases, the technology will only use this sort of image – logos, photos, etc. – if prompted by the user.

So, as a rule of thumb, just do not use celebrities, brands, and logos when you ask ChatGPT.

  1. Proprietary and protected data

Nearly every business takes great strides to protect data, like customer credit cards. medical records or proprietary algorithms. And any company that deals with that type of data fully understands the amount of and the creativity of cyber-attacks can be overwhelming.

Unfortunately, AI and ChatGPT expose other avenues for criminals to exploit. For instance, you might input customer information into your chatbot program to help it answer questions better. That might have been secure a year ago, but now that could be found through new technology and used elsewhere – and publicly.

  1. Check your facts

Finally, we come back to the attorney who submitted fake cases provided by ChatGPT in court documents. The issue is the attorney assumed it was right.

Most businesses would not see something on Twiiter and claim it is a fact in their marketing or their proposals without verifying first. The same rule applies to ChatGPT and any artificial intelligence. Check your sources because at best, you may look foolish, but at worst, you could be found liable for false advertising, statements and more.

The Orlando Law Group is starting to see how these technologies can be applied and improve our legal research, but our attorneys understand the best computers still cannot listen to you and your needs and develop cases or defenses based on your unique situation.

That is our specialty. A full-service law firm with attorneys who are involved with you, care for you and advocate for you.

The attorneys at The Orlando Law Group represent clients in business law, copyrights, trademarks and technology in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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Student Loan Forgiveness

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One of the biggest obstacles to getting back on your feet financially are student loans. They usually have a very high interest rate and are very difficult to find relief through traditional methods, like bankruptcy.

Thankfully, there is relief on the way from the federal government. And, the attorneys from The Orlando Law Group are here to help you navigate.

First and foremost, do not fall for any scams or people calling asking for your forgiveness applications or from people and organizations that sound too good to be true. Just like so many other things, if it’s too good to be true, it probably is. If you have any questions about your student loans or people who approach you, please feel free to call.

While there are people trying to take advantage of you, student loan relief is absolutely real and you are probably eligible for some relief.

FIND OUT ABOUT YOUR STUDENT LOANS

The first thing you must do is find out what type of student loans you have. Not all student loans are the same and not all loans are eligible for relief.

To find out what type of loans you have, visit StudentAid.gov and update your information. You want to make sure you have a loan that is serviced by the United States Department of Education. Only those loans are eligible for relief currently.

Unfortunately, if you have a loan through the Federal Family Education Loan Program, you will not be eligible for the 10k or 20k relief, per a recent news release.  These were loans taken out before 2010. These loans were made to students by nonprofits, banks, and other private lenders and guaranteed by the federal government. Some of the FFELP loans were converted to direct loans during the Great Recession, but not all of them. In fact, more than 11 million loans are the FFELP loans.

By submitting your information on the StudentAid.gov site, you will quickly know how you should proceed.

ACT QUICKLY FOR THE PSLF PROGRAM

If you are employed by a government or not-for-profit organization, you could possibly be eligible for the Public Service Loan Forgiveness program that can truly help your situation.

According to StudentAid.gov, you are eligible for relief under this act if:

  • work full-time for that agency or organization.
  • have Direct Loans (or consolidate other federal student loans into a Direct Loan).
  • repay your loans under an income-driven repayment plan*; and
  • make 120 qualifying payments.

If you think you qualify, sign up soon.

Plus, there is a program that you can utilize for relief – but the deadline is October 31, 2022. This program will provide credits for any payments you made during the pandemic. For more information, please review this site, but understand you must have been employed for a government entity or for a 501(c)(3) during that time period.

To be clear, serving in the military does qualify as having a government entity – so active military with student loans should review this as soon as possible.

UP TO $20,000 IN RELIEF FOR YOU

In August, the White House officially made a one-time student loan relief payment into law. The summary from the federal government is:

The U.S. Department of Education (ED) will provide up to $20,000 in debt relief to Federal Pell Grant recipients and up to $10,000 in debt relief to non-Pell Grant recipients. Borrowers with loans held by ED are eligible for this relief if their individual income is less than $125,000 (or $250,000 for households).

Applications for the program are now open. Go to studentaid.gov, log in and go to student loan forgiveness to complete a simple application. People who think they are eligible will need to apply by December 1 for this debt relief.

This link has a tremendous Q&A for your reference, but here are a couple of questions that maybe of interest to you.

  • What kind of loans are eligible? The relief act specifically listed the following:
    • William D. Ford Federal Direct Loan (Direct Loan) Program loans
    • Federal Family Education Loan (FFEL) Program loans held by ED or in default at a guaranty agency
    • Federal Perkins Loan Program loans held by ED
    • Defaulted loans (includes ED-held or commercially serviced Subsidized Stafford, Unsubsidized Stafford, parent PLUS, and graduate PLUS; and Perkins loans held by ED)
  • What if my spouse and I consolidated our loans? One of the best parts of the legislation was that you can separate out the two loans for relief meaning if both you and your spouse received Pell Grants along with student loans, you could be eligible for up to $40,000 in relief.
  • What steps do I need to take now? Again, go to StudentAid.gov and make sure they have all your information. Plus, follow up with your servicer to make sure they have your current contact information.
  • What if I haven’t made a payment in a while? Defaulted loans are eligible to receive the relief. Additionally, there has been discussion of a Fresh Start program for loans that are default. Watch for information on this around July 2023. You can also look for a new income repayment plan that will start around July 2023.

Like with everything the government does, it’s not always easy to obtain the relief that is offered. There will be lots of questions and often it will not be easy to get someone on the phone to ask your questions.

Of course, our attorneys are available to help you with this and other issues facing your finances. It’s important that you start the process as soon as possible to get them back in order and get you on track to success.

The attorneys at The Orlando Law Group represent clients with financial difficulties in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout central Florida.

If you would like to schedule a consultation for student loans, please reach out to our office at 407-512-4394, fill out our online contact form or save this information in case you ever find yourself or a loved one needing to use it.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

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Pet Trusts

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Did you know that the American Veterinary Medical Association found that 85 percent of dog-owners and 76 percent of cat-owners think of their pets as family? We love our pets like family, so we should treat them as such. As a part of our families, pets deserve continuing care in the event of our incapacity or passing. One of the best ways to do this is to establish a pet trust. Trusts are not only for dogs and cats. A trust may be established under Florida law for all kinds of animal companions, including horses, turtles, birds, and more! Trusts can be extremely beneficial for long-living animals such as certain reptiles and birds that can live over 100 years and require specialized care. We at the Orlando Law Group care for our pets immensely, as you may be able to tell from our Facebook and Instagram pages showcasing the “Pets of OLG.”. As such, we want to let you know that a pet trust may be the exact thing you need in order to ensure your pets are well cared for after you have passed. Using a pet trust, you can leave money to be used for the care of your pet(s), put someone in charge of managing and spending that money, and include a set of written instructions created by you to ensure that your furry friend is well taken care of in the event of your incapacitation or death. Read on to learn more about setting up a Pet Trust in Florida!

Setting Up a Pet Trust

Once, pet trusts were considered a far-fetched idea. Now, Florida (along with the other 49 states) has established statutory provisions (F.S. §736.008) providing for the ability to create a pet trust for our beloved animals. A pet trust outlines who will care for your pets, for how long, and the exact maintenance terms desired. Florida is unique compared to some of the other states, in that it allows the trust to continue until the death of the last remaining pet, instead of limiting the length of the trust to 21 years. Importantly, a pet trust can only be set up for animals alive during your lifetime.

Should you have more than one animal that requires care, that is permitted as well. You have the ability to appoint a caregiver for your animal(s), as well as a trustee who will enforce the terms of the trust and ensure that the funds you have set aside for your pets are used the way you intended. The trustee can verify that your pets are being cared for by their appointed caregiver in the way you have outlined, by way of receipts and/or medical bills, and if those funds are not being used in accordance with the terms of your trust, your trustee may have the ability to remove the person appointed to care for your animals and replace them with an alternate person. Within the pet trust, you can also specify your choices for an alternate person or persons to care for your pets in the event that your first choice of caregiver is removed by the trustee, incapacitated or passes away. Additionally, unless the trust documents specifically state otherwise, if the amount in the trust exceeds what is needed to pay for the animal’s care, it will be administered either as part of the grantor’s estate or to the grantor himself/herself if living. A pet trust works the same as a revocable living trust. You, the grantor, create a legal trust entity and fund the trust by placing the necessary money and assets into a separate account in the trust’s name.

You are the one who knows your pet best, so it is important to leave a detailed plan for the care of the pet. Some important information you can have in your pet trust could include necessary medication for your pet to be administered, should they have any medical issues; their likes, their dislikes, which veterinarian you prefer they go to, their activity level and, any past, present, or future concerns you may have regarding your pet(s). You may also include whether you would like your pet cremated or buried after they have passed. All of these are important to ensuring the well-being of the pet, and outlining such will allow you to make sure your animal(s) will be properly cared for.

A pet trust is the best way to ensure that your pets are never sent to a shelter, sold or placed in the wrong hands in the event of your passing. Because the trust includes necessary funds to pay for your pets’ care, having a pet trust takes the burden off of your family or loved ones to financially provide for them after you are incapacitated or have passed away. Additionally, the detailed wishes in the trust guarantee that your pet is cared for just the way that you want even after you are no longer around.

There is much more to know about pet trusts before you are able to decide whether they are the correct estate planning tool for you. If creating a pet trust is something you may be interested in, be sure to consult with a knowledgeable estate and trust attorney.

Protecting Your Pet is Just a Phone Call Away.

Do you love your pets like any other member of your family? Do you ever cringe at the thought of your pet passing away? Do you ever wonder what would happen to them if you passed first? Don’t leave planning for your future and that of your furry friends to chance. All it takes is one phone call to the Orlando Law Group to ensure that your wishes are followed, and your loved ones (both animal and human) are cared for when you are gone. Call us at 407.512.4394 to receive only assistance regarding your estate planning but peace of mind as well. Our experienced attorneys would be happy to help you with any estate planning matters and questions you may have.

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Florida Medical Marijuana

Florida Medical Marijuana – What employers need to know.

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Regarding the Florida Medical Marijuana Law, what defines “marijuana?”

“Marijuana” means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis which are dispensed from a medical marijuana treatment center for medical use by a qualified patient.” Florida Statute § 381.986 

The vote for the use of medical cannabis in Florida.

In 2016 Florida citizens voted for a constitutional amendment permitting individuals to use cannabis for medicinal purposes. The bill passed with tremendous support garnering 72% of the votes, in the state known for its narrow margins and hotly contested elections.

While Medical Marijuana may have passed in Florida, Federal Law, as well as Florida law, does not prevent Florida employers from punishing employees for failing a drug test. Despite its landslide victory, the herbal medicine still faces controversy and must overcome ambiguity before it can be used freely by the constituents who voted for it. 

Florida Statute §381.986, in great detail, covers the use and restrictions of Medical Marijuana in Florida. This statute reads, in part: 

(1) (j) “Medical use” means the acquisition, possession, use, delivery, transfer, or administration of marijuana authorized by a physician certification. The term does not include use or administration of marijuana in the following locations: 

a. On any form of public transportation, except for low-THC cannabis. 

b. In any public place, except for low-THC cannabis. 

c. In a qualified patient’s place of employment, except when permitted by his or her employer. d. In a state correctional institution, as defined in s. 944.02, or a correctional institution, as defined in s. 944.241. 

e. On the grounds of a preschool, primary school, or secondary school, except as provided in s.1006.062. 

f. In a school bus, a vehicle, an aircraft, or a motorboat, except for low-THC cannabis. 

(15) APPLICABILITY.—This section does not limit the ability of an employer to establish, continue, or enforce a drug-free workplace program or policy. This section does not require an employer to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana. This section does not create a cause of action against an employer for wrongful discharge or discrimination. 

Florida employers are not required to accommodate.

The excerpt above sparked major controversy and was unbeknown to most voters until after the law went into effect. Although the usage of Medical Marijuana is legal for those people who qualify, the law is clear that an employer is not required to accommodate an employee’s medical use of marijuana. This differs from other laws such as the Americans with Disabilities Act or the Family Medical Leave Act, where the federal government has mandated that employers follow certain protocols when dealing with these classes of people. 

Florida employers do not have to accommodate to the fact that you are legally allowed to use marijuana, nor are they required to allow you to use marijuana at their business location. An employer can terminate an employee for the use of legal medical marijuana, and this termination does not create a basis for legal action for wrongful termination.

Marijuana can stay in a person’s system for up to multiple weeks, ensuring that employees subjected to drug test must refrain from the substance for indefinite amounts of time. A person with a marijuana card, depending on the rules of their employer, would not even be able to administer the medicine (smoking medical marijuana, for example) outside of work because they would run the risk of failing a drug test. 

Incentives for employers

Under the laws as they currently stand, Florida actually provides incentives for employers NOT TO allow the usage of medical marijuana in their workplaces. In 1990 the Florida Legislature enacted a State law titled “Florida Drug-Free Workplace” F.S 112.0455. This law provided specific requirements which an employer must comply with to be certified as a Florida Drug-Free Workplace. The law also provided incentives and benefits for employers who are certified as a Florida Drug-Free Workplace. The State of Florida, through this law, encourages employers to drug test employees and promotes a Drug-Free Workplace environment. In Florida, companies get reduced rates on various insurances if they implement drug-free workplace policies. 

Could the Florida medical cannabis pave the way for recreational use of weed?

Florida is also slowly moving toward recreational marijuana, with at least one bill being proposed in 2019 before dying in committee. Proponents of recreational marijuana are citing states like Colorado who have generated billions since approving of recreational use. Florida is already a tourist destination and could easily capitalize on the recreational marijuana industry. With the passage of medical marijuana and the lag time in the laws of Florida to catch up with these medical innovations, it makes you wonder whether recreational marijuana will be vertically integrated and structured the same way. The “drug” may become legal for recreational use, but under Florida Law, you could still be terminated from your place of employment. 

There have been no successful legal challenges in Florida regarding medicinal marijuana in the workplace. Of course, this amendment is relatively new and the possibility remains that the courts could decide in favor of employees – especially as the opioid epidemic worsens and more and more states are looking to medical marijuana as a better alternative to chronic pain relief. Until that time, the statute is clear that marijuana use, medical or otherwise, is not permitted under the Florida Drug-Free Workplace rules.

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#focusondrivingfl texting while driving

#FocusOnDrivingFL – What you need to know about the texting while driving in Florida

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Texting and driving can be a dangerous combination. In a 2014 report, the US Department of Transportation National Highway Traffic Safety Administration studied data from 2012. The data revealed that distracted driving was associated with 3300 deaths and 421,000 injuries in collisions in the US; much of the evidence in these cases suggests that smartphone use continues to be a substantial contributor to these incidences.

Further, AAA recently conducted a study that revealed 78% of Americans suggest that texting while driving is a “significant danger.” The study also cited that 35% of the respondents admitted to texting while driving.

Starting July 1, 2019, texting while driving has been defined as a primary offense in the state of Florida. Many people don’t realize that texting and driving was illegal before the July change. The difference is that previously, a law enforcement officer had to witness you violating another law to be able to pull you over for texting while driving.

In early 2019, the Florida government voted to change that.

With the July 1 change and texting while driving becoming a primary offense, authorities can pull you over if they see you typing on your phone or other hand-held devices.

Here are some of the top questions we have been asked about the new law.

Someone told me that if I am stopped for texting while driving, a police officer can ask to see my phone to verify that I was texting. Is this true?

This is actually true; officers are allowed to ask to see the phone of the driver who was pulled over for texting while driving, with one caveat. While the responding officer can ask to see your phone, they must tell you that you have the right to decline the request.

The original law making texting and driving a secondary offense started in 2013. Since then, officers have received training to be able to identify drivers who are texting. If you are stopped, it is because an officer believes you were texting while driving based on your behaviors.

How do things change after July 1?

Florida statute 316.305 — which is known as the Florida Ban on Texting While Driving Law, officially changes the law against using a mobile phone or hand-held device from a secondary offense to a primary offense. Beginning on July 1, law enforcement officers can pull over drivers for using a wireless device while operating a vehicle.

And there’s more. There’s also a part of the law about school zones and construction sites with active workers. This part of the law states that starting October 1, 2019, phones or hand-held devices can only be used in a “hands-free” manner while in use in a school zone, school crossing area, or construction area with active workers.

What happens if I get pulled over for texting while driving after July 1, 2019?

The answer to this question is “it depends.” Depending on the law enforcement agency that has stopped you, the outcome might vary.

The Florida Highway Patrol has released a statement suggesting that they will be issuing warnings until January 1, 2020. They are considering the time between now and then to be an “educational period.” Meanwhile, in Volusia and Orange Counties, the Sheriff’s Offices have stated that will begin ticketing offenders immediately.

Our suggestion is to simply obey the law, regardless of where you happen to be driving.

Can I still text while stopped at a red light?

The law does not specifically state that you cannot check your phone while parked on the side of the road or at a red light; it is not advised. Ultimately, when you are behind the wheel of a motor vehicle, your attention should be on your surroundings and making sure you and those around you are safe.

Can I be exempt from the texting while driving law?

There are a few instances where you might be exempt from this law. These include if you are reporting an emergency or criminal activity to law enforcement, if you are operating an autonomous vehicle in autonomous mode, or if you are receiving messages that are related to the operation or navigation of the vehicle. You could also be exempt if you are using the device for system or navigation purposes.

These are certainly not “get out of jail free” cards, so be smart with how you use technology and put safety first always.

Under the new law, can I legally press a button on my phone to answer a call?

Outside of a school or work zone, according to the law, you are allowed to activate, deactivate, or initiate a feature or function on your phone, as long as it doesn’t require multiple key presses.

In a school or work zone, the law suggests that you can use only hands-free features to activate, deactivate, or initiate a feature or function on the phone. So, using Siri on an iPhone or “Ok Google” on an Andriod phone is permitted.

Focus on Driving Campaign

While there are groups who worked to prevent this law, it’s essential to consider that the spirit of the law is to keep people safe. These include the driver, the car’s occupants, other drivers, and pedestrians.

The State has created a “Put It Down” campaign to bring awareness to the new law. You can follow hashtags #PutItDown and #FocusOnDrivingFL for more information.

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judge is biased

Steps to Take If You Suspect Judicial Bias in Florida

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When you go to court, you can expect that the judge that is hearing your case is impartial and will treat both sides in a fair manner. While having an unbiased judge is almost exclusively the case, there could be a time where you believe your judge is biased.

The bias could be towards you or your situation. The bias could also be towards your attorney. You might also believe that the judge displays a lack of impartiality that might favor the other lawyer or litigant.

In a situation where a judge is biased or prejudice, the result could be a decision that is not fair or impartial to one party in the case.

Often, a judge will identify their own inability to be fair, neutral, and impartial and will recuse themselves from the case. As it relates to the judge, the word “recuse” means that the judge will excuse themselves from the trial or case because of potential bias or conflict of interest and another judge will be appointed in his or her place.

When might a judge recuse themselves from a case?

An example of when a judge might recuse themselves from a case might be if the judge formerly held a position as a lawyer at the same law firm as one of the attorneys involved in the case. In this example, the professional relationship with one attorney could imply that the judge is biased. Having identified the relationship and potential bias, the judge will recuse or excuse themselves from the case.

Can you ask a judge to recuse themselves if you think your judge is biased?

The second use of the word “recuse” involves a condition where one party in a case believes the judge is biased and a motion is made to recuse the judge. For instance, if it is learned that a member of the judge’s immediate family could benefit economically from the outcome of a case, the judge might have conflicted loyalties that would make it difficult to be impartial in the case. In this scenario, an attorney could make a motion to disqualify the judge, which asks the judge to recuse himself or herself.

The Orlando Law Group obtains a Writ of Prohibition after a denied motion to disqualify a judge

The Orlando Law Group recently won an appeal in a case where a motion to disqualify the judge was denied. We filed a Petition for Writ of Prohibition asking the appellate court to remove the judge after the judge declined to recuse herself. The Fifth District Court of Appeals, found the appeal well-taken, finding that “the facts alleged in Petitioner’s motion would place a reasonably prudent person in fear of not receiving a fair and impartial hearing.”

The Court of Appeals went on to grant the Petition for Writ of Prohibition stating “we grant the petition, quash the order denying Petitioner’s motion to disqualify and remand the case with directions that the underlying case reassigned to a different judge.”

Steps you should take if you think your judge is biased

The right to a trial by a fair and impartial judge is a right to all citizens. While the vast majority of the time a litigant can expect a fair and impartial judge on occasion, a litigant and his or her attorney may have a reasonable fear that the judge is or may be biased. You and your attorney should be in agreement that the judge assigned to your case may not be impartial.

No matter what, it’s important to work with an attorney who knows the strict requirements and timelines in seeking the recusal of a judge believed to be biased, and the steps necessary if the judge fails to recuse himself or herself. Your right to a fair trial is paramount and we will protect that right.

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Spring is the perfect time to shed the chains that bind you and embark upon a new adventure. Whether it’s filing for bankruptcy, moving forward with your divorce, or starting the process of forming your own business, The Orlando Law Group has got you covered.

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Spring Clean Your Life!

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If you’ve been drowning in debt, then it might be time to consider filing for bankruptcy. Bankruptcy is the perfect way to get your financial life back on track, allowing you to erase your debt and repay your creditors. If you can prove that you are entitled to a declaration of bankruptcy, the court will grant you protection during your proceeding. The Orlando Law Group are specialists in Chapter 7 and Chapter 13 Bankruptcy and will walk you through every step of this important process. Divorce looms over unhappy marriages. It is that bridge many fear to walk over. Divorce is not the end of the world, though, and many couples find their lives to be improved by separating from a toxic situation. The divorce process can be tricky, though, and it’s always important to have a dedicated and experienced legal team on your side. The Orlando Law Group specializes in family law and would be proud to stand beside you.

Spring is also the perfect time to begin the process of starting your own business. Let your career bloom and grow beautifully by starting to move forward toward becoming your own boss. When creating a business, you first need to decide what type of company you’re looking for and then file all of the necessary paperwork to ensure that you’re set up and ready to begin raking in the cash. This is a complicated process, and one misfiled form could set you back in time and money. The Orlando Law Group has a vast array of business law services. For a full list, CLICK HERE.

Whether you’re attempting to sort out your personal or professional life, spring time represents the perfect season for your rebirth. Spring Clean your life with The Orlando Law Group! Call 407.512.4394 to schedule a consultation today!

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You’ve likely heard of Search Engine Optimization, commonly referred to as SEO. The term is tossed around modern day marketing meetings on a fairly consistent basis, but with little understanding for the commitment and work required to mount a successful campaign. Misinformation about SEO runs rampant throughout the marketing world. But, despite this, SEO remains one of the most important, successful, returnable marketing tools available today!

SEO is the process of altering the content of your website, using a variety of strategically chosen key terms, to raise your result standing on popular search engine platforms, such as Google.

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SEO is the Present and Future of Digital Marketing

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The benefits of SEO are obvious. If you are an insurance broker in Orlando Florida, you want the influx of business brought upon by customers performing a google search for the services that you offer and in your area. Often times, when looking for services, consumers will perform an internet search to comb through vendors in their area before asking for referrals from friends.

Being listed at number one not only puts you in front of more potential clients and customers, but it instills a sense of quality in their minds. Google is a very well respected company, and when they list you as the number one authority in your field, it is a stamp of approval that goes a long way for consumers.

Your SEO score can be improved through content tweaks, as stated above. We live in the era of content, and when it comes to digital marketing, content is king.

  • To begin a successful SEO campaign, first you have to identify which key search terms you want to be ranked for. This is done through careful research. It’s important to target high volume terms that many people are searching for, that are also relevant to your industry. Google has a number of tools available to aid in this research, detailing the monthly numbers of searches for any key term you enter.
  • Once you have a plan of attack, adjust the content of your website so that it falls in line with your research findings. Consistently create new blogs and update your website’s information pages to include the key terms you want to be ranked for. Words, phrases, and relevant information need to be peppered throughout your pages, shining like a beacon on a VERY crowded street. When someone performs a search, Google’s bots crawl the web gathering information. Your content needs to stand out amongst the crowd.
  • These bots also check your site’s metadata, the descriptive information built into your pages. It is important to have your metadata and title tags optimized. A common mistake that many people make is having a title tag that states who they are, and not what they do. Google already knows who you are. What it’s looking for when compiling search engine results is what you do. A title tag that says “Johnson’s Dental Associates” isn’t going to do much for you. But if your title tag reads “24 Hour Emergency Dentist Surgeon Orlando FL” then you’re letting Google know what you do, and that information goes toward your SEO ranking.
  • The final and most important step of the SEO process is backlink generation. This is the most time consuming and difficult piece. Google needs to see relevant websites linking back to you. Typically, SEO specialist marketing firms will submit link bearing content to a variety of directories in an attempt to have links published on various sites. Many companies attempt to cheat the system by creating dummy websites featuring links back to their main site, to trick Google into increasing their ranking. This worked…for a time. But Google caught on and now tactics like this will actually hurt your SEO score. Backlink generation and the time it requires is one of the biggest reasons to bring on a marketing firm to handle your ongoing monthly SEO efforts.

SEO is not an overnight process. There is no guaranteed timeframe for first-page penetration, nor is getting onto the first page assured. Each case is different, and matters such as competition, key term search volume and more come into play. Typically, we estimate seeing a return on investment in SEO at around the six-month mark.

Because of this, many companies choose to subsidize their SEO efforts with Google Adwords, a service offered by Google in which you bid on key words and pay based on the number of clicks you receive. Adwords begins working immediately, giving the SEO time to gain momentum. Then, once the SEO is providing a return on investment, Adwords can be phased out.

SEO is the present and future of digital marketing. We live in a Google search society, and as such, our standing in the world of SEO becomes more important by the day. SEO is not something you take on for a short time and then abandon. It is a living breathing thing that must be nurtured on a consistent basis. It is time-consuming consuming, and at times frustrating. But it also can be lucrative, empowering, and rewarding in the long-run! 

Rogan Marketing and Communications is a Full-Service Marketing firm, specializing in website design and creation, collateral creation, video production, social media management, branding, and more. For more information, visit www.roganmarketing.com, or call 407.601.0845. 

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Another year is coming to a close, and 2016 has been an eventful climate to say the least! The Orlando Law Group encourages all of you to look beyond the things you cannot change, and focus in on yourselves. Make resolutions for the new year, and resolve to actually keep them. Many people look upon the changing of a calendar as a fresh start, so make the most of it! Instead of focusing on the negative, think upon the positive. What good has 2016 brought into your life? What can you do in 2017 to spin your hardships into a positive? Make your resolutions manageable and achievable. Set realistic goals and celebrate when you accomplish them! 
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Seek Out The Positive in 2017!

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We meet with many clients during difficult periods in their lives. Whether you’re going through a divorce, facing criminal charges, being sued, or filing suit against someone else, remember that the bad stressful times are only for now. Every new tomorrow brings with it an opportunity for exciting fresh beginnings, and it’s often up to us as individuals to reach out and grab them!

And above all else, please be safe this New Year’s Eve. Make good decisions, drive carefully, and pay attention to those around you. Start 2017 off on a good foot, with a positive outlook in a safe environment.

From all of us here at the Orlando Law Group, have a safe and happy New Year. Seek out the positive in 2017!

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Bad times fall upon us all. Whether we’re embroiled in a messy divorce, custody hearing, criminal or civil suit, or just planning a will and estate plan, the question always comes up: “Do I really need a lawyer?” The presence of skilled and experienced counsel is vital to a successful legal process. Attorneys help their clients save money, avoid jail time, manage plea bargains, and dodge the headaches often caused by improperly filed paperwork. Here are the Top Five Reasons to Hire an Attorney to assist in your legal matters. 
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Top Five Reasons To Hire An Attorney

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1.       The Law is Complicated and Confusing – There is a reason why even seasoned lawyers do not represent themselves in court. When you are too close to a situation, you tend to think with your heart, and not your head. A trained, emotionally detached attorney with a strong understanding of the legal system is imperative to maintaining a cool head under pressure. Attorney’s also have knowledge of court deadlines and protocol which must be followed to the letter when filing legal documents. One late or incorrect filing could cause your entire case to crumble. Trust your attorney’s knowledge of the law. They went to four very long years of Law School to acquire it, and they know it inside and out. Foregoing the presence of a lawyer while reviewing contracts or starting a business can also lead to avoidable headaches.

2.       Attorneys Have Connections – Expert witnesses and private detectives often fill rolodexes on the desks of many lawyers. This network of contacts comes with years of experience that the average person does not have. The presence of such key professionals can help in challenging testimony or evidence by the opposing party.

3.       Experience in negotiating settlements and plea bargains – In cases of civil or criminal suits, sometimes it makes more sense to seek a settlement or plea bargain. Chances are, an experienced attorney will have seen cases similar to yours before and will be able to make a calculated guess as to how it might end at trial. These lawyers have experience in negotiating settlements and plea bargains for their clients, often saving them money and/or jail time.

4.       How Do You Plead? – We’ve all heard these words asked in courtroom shows, but your plea can be a make or break moment in your case. An attorney’s expertise and this matter is not just recommended, it is essential. Your lawyer will explain your options and help you avoid more severe penalties. Don’t gamble with your financial future and freedom!

5.       The Other Party Likely Has One – Non-attorneys representing themselves against an experienced attorney is akin to entering a boxing match with your hands tied behind your back. The playing field needs to be level. The attorneys representing your opposition will take full advantage of your lack of legal expertise to pull the rug out from under you.

Hiring a lawyer to defend you in your legal battles aids in your protection, and will benefit your case and your future at the same time!

The Orlando Law Group is ready to help defend your rights, and provide you the highest level of legal expertise and service available! Call 407.512.4394 today to schedule a consultation. 

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Womens day

Celebrating International Women’s Day

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In a few days, the world will pause to celebrate women. On Tuesday, March 8, we will link arms with women around the globe to celebrate the social, economic, cultural and political achievements of women.
More than just a cliché of “you’ve come a long way, baby,” the day is part of a broader movement to celebrate the varied contributions of women to society. In the United States, the observance is part of Women’s History Month. Why an entire month dedicated to recognizing women? A visit to the official National Women’s History Project (NWHP), reveals that the observance arose out of a void. According to the NWHP site, “As recently as the 1970’s, women’s history was virtually an unknown topic in the K-12 curriculum or in general public consciousness. To address this situation, the Education Task Force of the Sonoma County (California) Commission on the Status of Women initiated a “Women’s History Week” celebration for 1978.”

The festivities centered around March 8th, which had already been declared International Women’s Day.

The week-long observance eventually morphed in celebrations that lasted the whole month of March until finally in 1987, Congress declared March as National Women’s History Month in perpetuity. Since that time, a special Presidential Proclamation is issued every year which honors the extraordinary achievements of American women.

Despite all the strides women have made both here in the U.S. and around the world, there is still much ground to be gained. In fact, according to the International Women’s Day site progress towards gender parity has slowed in many places. The World Economic Forum predicted in 2015 that it would take until 2133 to achieve global gender parity. THAT’S 117 YEARS!

Why does it matter? We’d like to think that that it matters for many good reasons. Ultimately, gender issues should be rooted in the intrinsic worth and value of every individual. But, if that’s not enough to convince us, perhaps the bottom line will. The facts show that gender parity is linked to economic prosperity. It’s an economic imperative! Women’s advancement and leadership are central to business performance and economic prosperity. Numerous global studies on the impact of women in leadership reveal that profitability, ROI and innovation all increase when women are counted among senior leadership.

According to the movement for gender parity, there are three accelerators, working independently and together, that can change the trajectory of women’s advancement. They are as follows:

• Illuminate the path to leadership by making career opportunities more visible to women;

• Speed up culture change with progressive corporate policy, such as paternity leave and flexible working; and

• Build supportive environments and work to eliminate conscious and unconscious bias.

By marking an entire month and specifically one day, we celebrate the achievements of women while shining a light on the gender parity that still exists worldwide. Truth be told, celebrating the successes of women is especially near and dear to our hearts here at The Orlando Law Group. Our growing firm started with the vision of one woman and initially developed as an all-female legal team. While we have added men to the team over the years, we’re proud of our roots! Will you join us in pausing to highlight the women among us this month?

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Benefits of Mobile Shredding

How Your Business Could Benefit from Mobile Shredding Services

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All businesses, whether large or small, will produce or possess sensitive information. This data must be kept confidential in order to protect the interests of an organization. If you do not dispose of this data in the right manner, it could compromise your company as well as your clients. It is important to get rid of any valuable documentation through a secure process.

There are a wide variety of mobile document shredding services available to consider, and with the efficient destruction of data in a timely fashion, your company will be in accordance with privacy legislation and your client information stays safe. Sensitive data could include letterheads, invoices, tax forms, contracts and bank statements. Hard copies of data, published by hospitals and law firms, for instance, deal with confidential data on a daily basis and to avoid fraudulent use, they must make sure to destroy this data in the right way.

Your business could benefit from mobile shredding services in the following ways:

  • Large amounts of data can be disposed of quickly and smoothly.
  • It is cost effective as you do not have to manage in-house data disposal.
  • It leads to less clutter and efficient business management.
  • A business manages to stay environment-friendly as all shredded documents will be recycled.
  • An organization can avoid identity theft and fraud.
  • Business processes become cleaner and easier to handle.
  • Data can be shredded onsite which is more convenient for the business or company.
  • Secure containers which ensure that all confidential documents remain safe from a breach of security.
  • You can witness the shredding process first hand.
  • Shredding of all kinds of material including computer disks, hard drives, paper, cassettes and more.
  • All shredding is managed and operated by experts.
  • A Certificate of Destruction will be provided on-the-spot.

Prioritize your business requirements and keep your data protected.

Source: www.sme-blog.com to The Small Business Blog

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Pumpkin Pie to Humble Pie

From Pumpkin Pie to Humble Pie

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“I would maintain that thanks are the highest form of thought; and that gratitude is happiness doubled by wonder.” G.K. Chesterton

For most of us Thanksgiving conjures up all sorts emotions. For many of us, it’s a holiday – a little pause from the daily grind. The kids are off school. The banks are closed and the mail takes a break. Many offices and stores are even closed. Maybe for you it means a day of watching football games or the Macy’s day parade. It probably means gathering with family or friends to eat a great meal together. It might even mean reflecting on our great nation’s history and good fortune.

But, did you know that the idea of giving thanks is even bigger than all of that? The practice of gratitude actually makes for greater physical and psychological health. Recent studies are actually proving that gratitude is more than just the polite thing to do or a holiday to be celebrated once a year; in fact, the science is showing that gratitude is actually good for us all the time.

So, what do we mean when we talk about giving thanks? For what? To whom? The leading expert on gratitude is Dr. Robert Emmons. He’s been studying its effects for more than 10 years. He says that an attitude of gratitude begins by affirming that the world is full of good things, gifts, and benefits we’ve received. He clarifies that it’s not so much appreciating our own positive traits, but it involves what he calls a “humble dependence” on others. Which makes sense because, when you think about it, a lot of what we’re grateful is by the hand of others.

So what can an attitude of gratitude actually do for us? Some researchers list as many as 30 things. We’ll just whet your appetite with five.

  1. Increased well-being. Taking just five minutes a day to journal your gratitude can increase your long-term well-being by more than 10 percent. According to some researchers, that’s the same impact as doubling your income!
  2. A stress buster. It’s no secret that stress is pretty bad for us. It’s linked to several leading causes of death, including heart disease and cancer. It claims responsibility for up to 90 percent of all doctor visits. According to Emmons, gratitude research is beginning to suggest that feelings of thankfulness have tremendous positive value in helping people cope with daily problems, especially stress. Speaking of stress, writing thank you notes has been shown to ease stress, reduce depressive symptoms, and encourage people to be more mindful of what makes them happy.
  3. A better personality. Daily discussion of gratitude results in higher reported levels of alertness, enthusiasm, determination, attentiveness, energy, and sleep duration and quality.
  4. A healthier heart. Researchers at the University of Connecticut found that gratitude can even curb heart attacks. Studying people who had experienced one heart attack, the researchers found that those patients who saw benefits and gains from their heart attack, such as becoming more appreciative of life, experienced a lower risk of having another heart attack.
  5. Stronger relationships. Other studies have examined how gratitude can improve relationships. Where gratitude abounds, marriages are healthier and employees are happier and harder working.

Gratitude takes practice like any other skill. Thanksgiving Day is a good time to start, but if you want to reap all the benefits, we’d encourage you to keep practicing after that.
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*Have we got you curious? For more information about the science of gratitude, you can visit your local library and check out Emmons’ book, Thanks!: How the New Science of Gratitude Can Make You Happier.

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Five Homeowner Tips to Keep Halloween Fun AND Safe

Tips to Keep Halloween Fun AND Safe

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Have you ever wondered why Halloween is such a widespread, holiday favorite? Free from a lot of the tradition and family expectation that accompanies other major holidays, it’s the one time of the year that seems to bring out the kid in all of us. From young to old, Halloween seems to appeal to everyone. It gives all of us an excuse to don a costume and have some fun. Don’t believe us? Just check out the I Love Halloween Facebook page, now boasting more than 2.25 million followers.

But for all of its spooky fun, Halloween also comes with its fair share of pitfalls. No one wants their Halloween festivities to be marred by an accident. Whether you are hosting a party for friends or leaving the light on for trick-or-treaters, it’s important to take a few precautions to insure that your home is safe for the influx of visitors. For example, if someone trips and falls on your dark sidewalk or brushes up against your candle-lit pumpkins, you could be held liable. But, we’ve got you covered! Here are five precautions you can take before those ghosts, ghouls, superheroes and princesses start knocking on your door.

  1. Clear your walkway. Make sure the path from your driveway or the sidewalk to the front door is free from obstruction. Most children are so excited that they aren’t paying careful attention. In addition to clearing a path, you can also help prevent trips and falls by repairing loose porch railings and uneven walkway stones. Also, check to ensure that your spooky decorations don’t obstruct the walkway.
  2. Clean up your yard. Take extra precautions to rake leaves, remove dead branches, trim overgrown landscaping and fill in large holes. Also, consider storing any gardening tools and hoses a safe distance from walkways. If you add spooky yard decorations like tombstones or inflatables, make sure these decorations are well-lit and easily seen.
  3. Keep your property well lit. If you have a long driveway or walkway, turn on your regular outdoor lights so trick-or-treaters can easily see the path to the door.
  4. Ditch the candles. Replace the candles in your pumpkins with LED tea lights and your luminaries with string of lights along your path. The US Fire Administration warns that open flames can catch costumes on fire, as well as decorations.
  5. Confine your pets. The constant stream of trick-or-treating excitement and commotion could stress your pet. Avoid a Halloween pet mishap by keeping them in a separate room, away from open doors and small children.

With these five precautions in place, you can enjoy a fun Halloween AND keep your neighborhood trick-or-treaters safe!

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Charitable Planning

Charitable Planning

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Estate planning increasingly includes some form of charitable giving. During the last three decades, wealth ballooned in the United States, but affluent clients tended to increase their charitable transfers more than their family inheritances. According to John Havens of the Boston College Center on Wealth and Philanthropy: “Reports from the IRS indicate that charitable giving increases at every level from the lowest level estate to the highest level.” He also notes: “When an estate’s value exceeds $20 million, the percentage going to charity virtually doubles and the percentage given to heirs goes down.”

A few statistics (with their sources) will highlight the depth of charitable involvement and its impact on estate planning:

  • 65% of American households give to charity.
  • Americans gave $298.3 billion to charities in 2011, a 3.9% increase over 2010.
  • 98% of high net worth households give to charity.
  • In 2010 there were 161,873 donor-advised funds that held $30 billion.

Not only are charitable transfers increasing, but also wealthier Americans are getting more involved in philanthropy themselves. According to a 2003 study, 83% of affluent Americans did volunteer work. The increased involvement of affluent Americans in charitable work also seems to be increasing their lifetime charitable gifting. Affluent Americans also are encouraging their heirs to become involved in charitable work.

These wealthy taxpayers are not just giving to charity. They are making sure that the gifts are handled in ways they approve. As a consequence of the scandals in numerous charities and the increasing “hands-on” management style of many donors, clients increasingly want to retain in themselves and/or their family the future direction of charitable transfers. Clients want to provide for charitable transfers that will leave a legacy for society and a legacy that will impact their heirs.

The common bond between today’s donor and the 20th century philanthropists is the desire to transmit family values and social responsibility to successive generations. This dual goal has resulted in not only a dramatic growth in charitable donations but also the development of “retained control” charitable-giving approaches.

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Lawyers Have to Be Mindful When Computing in the Cloud

Lawyers Have to be Mindful When Computing in the Cloud

Lawyers can use “cloud computing” to provide software and store records but must take reasonable steps to ensure than information remains confidential, according to a suggested Bar ethics opinion. As the proposed opinion notes:

“Because cloud computing involves the use of a third party as a provider of services and involves the storage and use of data at a remote location that is also used by others outside an individual law firm, the use of cloud computing raises ethics concerns of confidentiality, competence, and proper supervision of nonlawyers.”

Cloud computing gives lawyers the ability to access records from laptops, tablets, and smartphones and also protects records from being lost if a law office is damaged by a hurricane or fire. But because the records and software are stored by a third party at a remote location, lawyers must work to see that the information and client confidences are protected.

Several other states, the proposed opinion says, have found that the use of cloud computing is ethically acceptable as long as precautions are taken. The opinion notes, for example, that the Iowa Bar described the goal as: “Lawyers must be able to access the lawyer’s own information without limit, others should not be able to access the information, but lawyers must be able to provide limited access to third parties to specific information, yet must be able to restrict their access to only that information.” New York listed three obligations for attorneys: Ensuring that the provider can preserve confidentiality and security, including informing the lawyer if there is a subpoena seeking information in those records; reviewing the provider’s security procedures; and using available technology to protect “against reasonably foreseeable” attempts to infiltrate the offsite records.

Cloud computing involves use of an outside service provider which provides computing software and data storage from a remote location that the lawyer accesses over the Internet via a web browser, such as Internet Explorer, or via an “app” on smart phones and tablets. The lawyer’s files are stored at the service provider’s remote server(s). The lawyer can thus access the lawyer’s files from any computer or smart device and can share files with others.

Software is purchased, maintained, and updated by the service provider. Many lawyers and others are computing “in the cloud” because of convenience and potential cost savings.

The main concern regarding cloud computing relates to confidentiality. Lawyers have an obligation to maintain as confidential all information that relates to a client’s representation, regardless of the source.

Rule 4¬1.6, Rules Regulating The Florida Bar. A lawyer may not voluntarily disclose any information relating to a client’s representation without either application of an exception to the confidentiality rule or the client’s informed consent. Id. A lawyer has the obligation to ensure that confidentiality of information is maintained by nonlawyers under the lawyer’s supervision, including nonlawyers that are third parties used by the lawyer in the provision of legal services.

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Halloween Safety Tips

Halloween Safety Tips

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Safety Tips for Motorists

  • All motorists need to be especially alert and cautious when driving on Halloween because of the high number of pedestrians walking the streets.
  • Watch for children darting out from between parked cars.
  • Watch for children walking on roadways, medians and curbs.
  • Enter and exit driveways and alleys carefully.
  • At twilight and later in the evening, watch for children in dark clothing.
  • Never use your cell phone while driving.
  • Discourage teens from driving on Halloween. There are too many hazards and distractions for inexperienced drivers.

Trick-or-Treating

All children under the age of 12 should be accompanied by a parent or responsible adult. Before trick-or-treating, parents should:

  • Instruct your children to travel only in familiar, well-lit areas and avoid trick-or-treating alone.
  • Tell your children not to eat any treats until they return home.
  • Teach your children to never enter a stranger’s home.
  • Agree on a specific time for your children to come home.
  • Give your children flashlights with fresh batteries to help them see and for others to see them.
  • Make sure your child or a responsible adult with them carries a cell phone for quick communication.
  • Review all appropriate pedestrian and traffic safety rules with your children.
  • Look both ways before crossing the street and use established crosswalks whenever possible.
  • Walk, do not run, from house to house.
  • Do not cross yards and lawns where unseen objects or the uneven terrain can present tripping hazards and never walk near lit candles or luminaries.
  • Walk on sidewalks, not in the street. If there are no sidewalks, walk on the far edge of the road facing traffic.

Children will be anxious to stuff themselves with treats, but parents need to take these necessary precautions first:

  • Insist that treats be brought home for inspection before anything is eaten, then examine all treats for choking hazards and tampering before your children eat them.
  • Give children an early meal before going out to prevent them from filling up on
  • Halloween treats or eating anything before you can inspect it.
  • Only let your children eat factory-wrapped treats. Avoid homemade treats unless you know the cook well.
  • When in doubt, throw it out.
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3 Signs You Shouldnt Ignore Spotting Elder Abuse

3 Signs You Shouldn’t Ignore: Spotting Elder Abuse

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Unfortunately, elder abuse in elder care facilities and nursing homes is very real, and not uncommon. Those who have a family member or loved one in an elder care facility or nursing home need to be aware of any warning signs of abuse.

  1. One of the most common signs of elder abuse is decubitus ulcers, or “bedsores.” Unless a physician has indicated that bedsores are unavoidable, a person who enters an elder care facility or nursing home without bedsores should not develop them during their stay. Bedsores are very painful and, when left untreated, can cause serious infection and death.
  2. Another sign of elder abuse is unexplained injuries. Common injuries such as skin tears, bruises, and fractured bones may be caused by inadequate care. These injuries often occur when an elderly person is carelessly transported to and from his or her bed. Many of these injuries are entirely avoidable with proper staffing.
  3. Beyond physical abuse, elder citizens may also suffer mental abuse at elder care facilities and nursing homes. Mental abuse occurs when facility employees speak to patients in a way that is belittling, derogatory, intimidating, or disrespectful. Although mental abuse does not leave any physical marks, it may cause senior citizens to become inexplicably withdrawn from activities they normally enjoy, or become unusually depressed.

It is important to be alert for any indication that something may be wrong. Many senior citizens unfortunately suffer in silence, because they cannot communicate their situation to their loved ones. Pay close attention for markings of physical abuse, and also unexplained changes in mood or behavior. If you sense that something is wrong, communicate your concerns with a manager of the elder care facility or nursing home.

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Fourth of July Safety Tips

Fourth of July Safety Tips

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Everyone is looking forward to the long weekend, celebrating Our Nation’s Independence Day on July 4th. It’s a great time to spend time with friends and family, whether you’re headed to the beach or an outdoor cookout. Please remember these safety tips and have a great Fourth of July.

On the highway:

  1. Buckle seat belts, observe speed limits.
  2. Do not drink and drive.
  3. Pay full attention to the road – don’t use a cell phone to call or text.

When grilling:

  1. Always supervise a barbecue grill when in use.
  2. Never grill indoors – not in the house, camper, tent, or any enclosed area.
  3. Make sure everyone, including the pets, stays away from the grill.
  4. Keep the grill out in the open, away from the house, the deck, tree branches, or anything that could catch fire.
  5. Use the long-handled tools especially made for cooking on the grill to keep the chef safe.

When using fireworks:

  1. Never give fireworks to small children, and always follow the instructions on the packaging.
  2. Keep a supply of water close by as a precaution.
  3. Make sure the person lighting fireworks always wears eye protection.
  4. Light only one firework at a time and never attempt to relight “a dud.”
  5. Never throw or point a firework toward people, animals, vehicles, structures or flammable materials.
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Important Information Regarding the Newly Enacted Credit Card Act

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Consumer protection against deceptive collective practices for credit card debt is an important issue especially in today’s economic climate. The Credit Card Accountability, Responsibility and Disclosure Act (otherwise known as the Credit Card Act of 2009) which was signed by President Obama this past May was designed to prevent abusive practices among credit card issuers.

For instance, it imposes a freeze on interest rates for canceled cards; prohibits issuance of a credit card on behalf of a consumer under age 21 unless the consumer has submitted a written application meeting specified requirements; sets limits on fees and interest charges, including a prohibition against penalties for on-time payments to name a few. A key element is that it bans retroactive rate increases. In other words, it bans rate increases on existing balances due to “any time, any reason” or “universal default” and severely restricts retroactive rate increases due to late payment.

Keep in mind that there are certain loopholes. The average rate offered to a consumer with a solid 700 credit score is now 11.51 percent on a variable rate card, up from 10.66 percent in March, according to Bankrate.com. A report released last week found that 100 percent of credit cards offered online by the largest 12 bank issuers in the United States continue to include practices that will be illegal when the Credit Card Accountability, Responsibility and Disclosure Act, passed in May, takes full effect next year. Starting in February, there are certain practices that will be illegal one of which is the increase of interest rates for fixed rate cards for reasons other than a credit card holder being more than 60 days late on payments. The way credit card issuers will get around it is to convert your fixed rate credit cards to variable rates ones before February. There are certain disclosures the issuers have to provide when they do this so be on the lookout.

Make sure you understand your rights under this law and other Federal laws designed to protect consumers. If you think your rights have been violated, contact an attorney.

Disclaimer: The posting of this information does not in any way create an attorney-client relationship.

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