Mediation may be thought of as assisted negotiation. Central to mediation is the concept of informed consent. Both participants need to understand the nature of a contemplated mediation process and effectively consent to participate in the described process. In a mediation, the parties cannot be compelled to disclose information that they prefer to keep confidential. […]
We’ve all signed the HIPAA Notice of Privacy Practices, when we visit our doctor, informing us of our privacy rights as it relates to our medical records. Well, the same federal law that has doctors asking us to sign those papers also imposes penalties on doctors and hospitals who make unauthorized disclosures of protected health […]
Subrogation is the substitution of one’s rights to another. The concept of subrogation has existed since the 1700s, when it was created in English law by Lord Mansfield. It has been recognized by common law and equity, and exists specifically in most insurance contracts in the United States. Subrogation exists in many lines of insurance, […]
Facing foreclosure is one of the most stressful challenges a Florida homeowner can face. Financial hardships can strike unexpectedly, and even your best efforts might not be enough to keep up with mortgage payments. If left unresolved, you could lose your home. Fortunately, there are legal ways to fight back. What Is Foreclosure in Florida? […]
If you applied for Veterans Disability Compensation Benefits and the VA and then received a letter from the Department of Veterans Affairs, denying you benefits, you have the right to appeal the decision. You have one year from the date on the denial letter to file your appeal. You will need to submit a Notice […]
When you or a loved one is applying for an immigrant visa or green card in the United States, you are not required to have a lawyer. However, there are many different ways to obtain legal permanent residence or authorization to temporarily work in the United States. An immigration attorney can analyze the specific facts […]
A Prenuptial Agreements is a legal contract that a couple signs before the marriage that determines who gets what in the event of a divorce. Florida is an equitable distribution state, so, in the event of a divorce assets are divvied according to what the court deems fair, provided there is no Prenuptial Agreement. The […]
We enter into contracts every day for business and personal reasons. It is important that the terms of the contract are properly negotiated, correctly drafted, and reviewed to ensure the contract meets the intentions of the parties involved. The parties to the contract bargain for their own best interests. While negotiating contracts, make certain you […]
Construction litigation is an area of law concerning legal disputes that arise out of building projects. Disputes can be about construction agreements, claims of injury or wrongful death caused by negligent behavior. Construction litigation refers to civil lawsuits involving private parties and is governed by rules and burdens of proof that are distinct from those […]
Your child has the right to a free and appropriate public school education. As a parent, you have to be your child’s advocate; getting involved in his or her education is among the most important things you can do. Special needs includes learning disabilities, such as autistim and dyslexia, but it also includes gifted learners. […]
Charitable organizations that are successful, understand the value of having legal counsel in the early stages of forming and managing a 501(c)(3) non-profit organization. An attorney can address current and potential legal issues that may impact an organization’s current or pending 501(c)(3) status. Forming a 501(c)(3) non-profit organization can be complicated. There are some legal […]
Living wills and other advance directives aren’t just for older adults. Unexpected end-of-life situations can happen at any age, so it’s important for all adults to have advance directives. A living will is a legal document that a person utilizes to make his/her wishes known in regards to life prolonging medical treatments. It can also […]
When deciding which entity to form it is necessary to consider short and long term goals of the business, the nature of the business and the benefits associated with each type of entity. The different types of business entities are: Sole Proprietorship, which you are by default, until you set up a formal business entity, […]
When you are purchasing a new home or piece of land in Florida, it’s a good idea as a real estate buyer to have a lawyer helping you. Your goal as a homebuyer is to get what you paid for. Real estate is kind of complicated and having a lawyer to look out for your […]
As we go through our daily lives, most of us don’t give a second thought to what would happen if we were not able to take care of our own affairs. What would happen to us however, if we lost the ability to handle these daily affairs or make decisions about our medical treatment? Who […]
An M-1 Visa is a vocational student visa. The M-1 Visa allows you to come to the U.S. as a full-time vocational or nonacademic student. You are never allowed to change your course of study and you may not work during your course of study. Qualifications: To qualify for an M-1 visa you first must […]
An E-2 visa is a nonimmigrant visa; therefore temporary. However, even though the E-2 visa is temporary, the E-2 visa is renewable indefinitely. An E-2 visa allows business people from treaty countries to work in the U.S. for a business either they own or that is at least owned 50% by other nationals of their […]
An F-1 visa is a student visa for academic studies. The F-1 visa allows you to come to the United States as a full-time academic or language student to earn a degree or certificate. You may work part-time on campus or if it is economically necessary, you may work off campus with permission. You may […]
While the love and responsibilities you share with your partner are exactly the same as that of your non-gay family and friends, unfortunately Florida law sees it another way. State and federal law generally does not recognize concrete legal and tax rights and privileges for same-sex couples. Since gay or lesbian couples lack the same […]
National Estate Planning Awareness Week is October 17th-23rd. In honor of both National Estate Planning Awareness Week and Halloween, we thought it important to share a few “Scary Statistics or Reasons” people do not have a Will or Estate. It is estimated that over 120 million Americans do not have up-to-date estate plans to protect […]
What is Probate? Probate is a court process that requires the assets of the deceased person to be gathered together, all debts of the decedent to be paid by the estate, and then if any assets remain they are to be distributed among the estate beneficiaries. The probate process often takes 6 months to 1 […]
The time both during and after a divorce can be turbulent and overwhelming. Often the newly divorced person misses the last piece of the puzzle on their “things to do list” for their new life: estate planning. In many cases, a family law attorney focuses primarily on dissolving the client’s marriage and making decisions regarding […]
Deciding to divorce is never easy. However being prepared before you go to see an attorney is also a good idea to make things easier. Many people come to the office with no idea how the process works. Knowing what you need to do ahead of time can help alleviate some of your uncertainty. Divorces […]
What are your options if you cannot afford your current mortgage payment and you are a Chapter 13 debtor? Well, you can surrender your home or you can try to modify your mortgage payment. The option to modify your mortgage payment may be available to you in a chapter 13 bankruptcy before your case is […]
At the time of writing this Article, the status of estate tax is in chaos. Questions abound: Will the combined estate and gift tax exemption be $1 million, $3.5 million, or $5 million? Will the top estate tax rate be 35%, 45%, or 55%? Will these changes be “permanent” or will they sunset again in […]
It is very important for an employer to have a system in place when it comes to hiring new employees. There are a number of federal and state laws that employers must follow when hiring employees. Generally speaking, these laws prohibit discrimination in employment decisions based on race, religion, sex, age, national origin, disability, or […]
We are often asked, “What happens after I file my Veterans Administration Application for Compensation?” After the Veteran’s Administration (“VA”) receives a VA Form 21-526 (Application for Compensation), it sends you a letter explaining the additional information needed to process your claim. Step One – Information Gathering. Once you receive the letter in the mail, […]
If you pass away without a Will, the Florida intestate statute determines who inherits your assets and requires a full probate proceeding. This means that distribution is determined based on their familial relationship to you and some family members may receive more or less than others. For example, if a married man passes away without […]
No. Just because you are married doesn’t mean you have to file a joint bankruptcy. If one spouse has the majority of debt in his/her name, just that spouse can file bankruptcy. Many married couples have the debt in only one of the spouse’s names just in case something happens in the future; such as […]
People often believe they do not need an estate plan because they do not think they are “wealthy” or that they have an “estate.” Everyone has an estate that needs to be planned – it is only a matter of how large it is. Creating an estate plan through a Will or trust allows you […]
A criminal record expungement, also known as an expunction, is when a court orders the criminal records related to your case to be physically destroyed. As a result of this order, the courts, the State Attorney’s Office, and law enforcement agencies must physically destroy or obliterate any physical or electronic records related to your case. […]
An employer is not required by law to have an employee handbook. However, in most cases, it is highly recommended. An employee handbook is a great resource because it provides a centralized set of guidelines for the employer’s policies and procedures. Oftentimes, the source of employee disputes concerns a lack of understanding of employer expectations. […]
If you are considering filing bankruptcy, there are a few transactions you should avoid so you do not have any complications with receiving your discharge. Credit cards and cash advances: You should stop using credit cards if you know you are not going to pay them off. When you decide to file for bankruptcy, do […]
After the debtor files either a Chapter 13 or Chapter 7 bankruptcy, the debtor will receive notice of when the first meeting of creditors is scheduled. The first meeting of creditors is held approximately 45 days after filing the bankruptcy petition and schedules. The meeting of creditors is also referred to as a 341 meeting […]
There are several tax changes we are keeping our eye on for our own business and for our clients in the next year including estate tax changes and changes due to healthcare reform. One big change due to health care reform that affects everyone is the requirement for businesses to file a 1099 form for […]
As many of you know, the government has passed the National Healthcare Reform which becomes effective September 23, 2010. It is a very complicated law that you, as a business owner or employer in charge of coordinating benefits, should become familiar with since some of its keynote features could really impact your business. While business […]
Identifying exposures is a vital first step to determining if your business is adequately protected. Until you know the scope of all possible losses, you won’t be able to develop a realistic, cost-effective strategy for dealing with them. Begin the process of identifying exposures by taking a close look at each of your business operations […]
To deter lawsuits, many individuals try to include in their will a clause referred to as a no-contest clause. Michael Jackson reportedly used one in his living trust. A no contest clause is designed to prevent beneficiaries in a will or trust from questioning any provisions therein. They only apply to those individuals who are […]
A dozen Jacksonville area residents are suing Dollar General claiming the company owes them unpaid wages. The suits included a total of 791 individuals from all over the U.S. All the Dollar General suits claim that the company has a policy of classifying employees as salaried managers who work an average 60 to 90 hours […]
If Tiger Woods were to die and his will to leave his entire estate to a trust for his children’s benefit, could his wife Elin Woods, be left without anything? In other words, can you disinherit your wife from your estate? Generally speaking, the main advantage of a will and/or a trust is that it […]
Many people worry that if they file bankruptcy they will ruin their credit. It is true that a bankruptcy will remain on your credit for up to 10 years. However, the truth is, if you are considering bankruptcy your credit is most likely not very good. A lot of money owed to many creditors can […]
Consumers generally file either a Chapter 7 or a Chapter 13 bankruptcy. Some people wrongly believe that a Chapter 7 bankruptcy is the best way to go, but that is not always the case. Everyone has their own unique situation which should be analyzed by a professional to determine whether a Chapter 7 or a […]
HAMP, the government’s making homes affordable modification program, which provides financial incentives to loan servicers to modify the loans of troubled borrowers has fallen short of its goals because many borrowers did not meet eligibility requirements and loan servicers were not required to participate, according to the U.S. Treasury Department. Many attempts to modify loans […]
Social media in the workplace and an employer’s ability to control it is a hot topic in today’s technological world. The United States Supreme Court recently said it will review a federal appeals court ruling that sided with Ontario, California police officers who complained that the department improperly snooped on their texts. Typically the courts […]
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. […]
Sometimes products break. It could be our fault, but sometimes it is due to faulty manufacturing. If you have been hurt or have underwent any other pain or suffering, or damage to your property because of a product you used, you may have a defective product liability claim. The range of defective product cases is […]
There are many advantages to setting up an LLC. One of those advantages is an LLC’s flexibility. With less stringent requirements for compliance and less necessary paperwork than S-Corps and C-Corps, LLCs are easier to form and easier to keep in good legal standing. The flexibility of an LLC, however, is not permission to be […]
It doesn’t matter whether or not you entering into a relationship with a customer, with a vendor or an independent contractor; contracts are a fact of business. Contracts serve as legally valid agreements that protect your interests. Generally, to be legally valid, most contracts must contain two elements: All parties must agree about an offer […]
Adoption laws vary by state, but Florida’s are pretty straightforward. Florida requires the consent of children over 12 to be adopted, which means they have a say in who could potentially adopt them. Some facts about being an adoptive parent in Florida: It doesn’t matter if you are married or single You can have children […]
In a major decision, the Supreme Court ruled in June 2014 that inherited IRAs are not considered protected retirement funds—and are thus subject to creditors’ claims if the beneficiary files for bankruptcy. In the case of Clark v. Rameker, Heidi Heffron-Clark argued that a $300,000 IRA she inherited from her mother in 2001 qualified as […]
