One of the most important choices a new military member can make upon enlistment is enrolling in the Montgomery GI Bill Educational Assistance Program. Active duty members who enroll and pay $100 per month for 12 months are then entitled to receive a monthly education benefit once they have completed a minimum service obligation of […]
Most owners in Florida know that when they want to buy or sell their unit or house that they need to contact the community association, or its attorney, to get an estoppel letter. Both the Florida Condominium Act and Florida Chapter 720 regarding homeowners associations specifically devote sections to estoppel letters a/k/a certificates of assessments. […]
Some years back UCLA did a survey of 1300 executives around the country and they asked for five traits that were keys to hiring and advancement for employees. All 1300 of them included INTEGRITY somewhere in the list. Here’s the real kicker. 71% of them rated INTEGRITY NUMBER ONE! Being TRUSTWORTHY is an integral part […]
It is during difficult times that a person or a community’s character is tested. Orlando rose to the occasion and took a difficult and painful tragedy and turned into more love and tolerance for its community. The LGBTQ community in Orlando is strong and cohesive. While it may have taken a tragedy such as the […]
There are multiple occupations and opportunities for employment in the United States in several industries and categories that may qualify a person for a Visa in the U.S. including cultural exchange participants, agricultural workers, technology specialists, engineers, scientists, athletes and much more. All workers must obtain permission to work legally in the United States. It […]
Congratulations! You’ve succeeded in being elected as a member to the prestigious world of your Homeowner’s Association Board of Directors! But are you aware of the certification requirements of Fla. Stat. 720.3033 that could suspend or even end your newly “elected official” career before it’s even begun? As a newly elected Homeowner’s Association Board Member […]
This Monday, Americans will honor the fallen soldiers of the United States Armed Forces on Memorial Day. Many see this holiday, and the weekend surrounding it as a time to take off from work, go to the beach and have bar-b-ques with friends and family. But Memorial Day is about so much more than that. […]
Social Security Disability benefits are a vital resource, yet most applicants are initially rejected. So, what does this mean? Should you just give up? Absolutely not! An initial denial is not the end of the road, it is the beginning of the process. An application for Social Security Disability benefits should start with a conversation […]
Updated: June 2020 You’ve been in an automobile accident. Many emotions can run through your head during such a difficult moment. Shock, anxiety, even rage can occur following the sudden jarring impact of a vehicular collision. But your actions immediately following an accident can have a huge effect on what comes next, from a legal […]
If you watch any court show, you’ve surely heard the word “contempt” tossed around. But do you know what it means? Contempt of Court is a provision that allows a judge to deincentivize and even punish individuals who are hindering the administration of justice. In cases of family law, contempt is particularly relevant. Often times, […]
If you feel that you have been given an unjust violation, you can do more than just stew in anger over it. By pleading not guilty in traffic court, you can fight the violation and move to have the charges dropped. Once you receive a traffic violation, Florida
When the mother and alleged father are in agreement as to the child’s parentage, they can sign what is known as a “Voluntary Acknowledgment of Paternity” form. When you sign this form, you are stating, under oath, that the man listed is the child’s legal father. Once signed, it takes 60 days for the acknowledgement to become final.
Spring has officially sprung. This season of warming weather is seen by many as a time of rebirth. Flowers bloom, the winter melts away, trees blossom, and the days become longer. One common springtime ritual is that of spring cleaning. Many see this period of rebirth as a time to clean out their lives, get rid of excess trash from the home, and make their possessions sparkle like new. At The Orlando Law Group, we invite you to extend this concept into your personal and professional worlds and take this opportunity to clean out your life from a legal standpoint. 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.
It’s tax season once again! While many are seeing some nice hefty checks arrive in their mailbox from the federal and state levels of government, too few use that money to help aid their financial future. Investing in a bankruptcy attorney could help you escape the shackles of debt and give you a second chance in the financial world!
Debt continues to haunt the lives of Americans, with a 2015 study stating that a whopping 80% of the American population are in debt.
Couples fight about money. It happens in almost every relationship. Fighting over financial matters can lead couples to enter into the divorce process. Subsequent to a divorce, alimony and/or child support payments may be mandated by the court. But what happens to those domestic support obligations when the ex-spouse charged with paying them files for bankruptcy?
When someone files for bankruptcy, they might believe that all financial obligations will be wiped away. While bankruptcy is a powerful tool that aids in debt relief from creditors, this process does NOT apply to obligations of alimony and child support. This was well defined in a 2005 law, titled “The Bankruptcy Abuse Prevention and Consumer Protection Act” (BAPCPA). This law altered the relationships between debtors and creditors and changed many aspects of bankruptcy law, including how a domestic support obligation is the be handled.
When one thinks of guardianship, it is often associated with minors whose parents have died or become incapacitated. However, adult guardianship does exist and it is an important process in which to safeguard the assets and quality of life in an individual who has lost the ability to care for themselves.
When the court finds an individual’s ability to make informed decisions regarding their finances or personal care to be impaired, the right to make such decisions can be granted to another person. When this occurs, the individual whose affairs are being managed is known as the “Ward” and the person handling them is deemed the “Guardian.”
Probate, the process of obtaining the court’s approval to pass property as instructed in a Will, is often misunderstood. Many people toss the term as though it is something to be feared and avoided at all costs. As such, there are many unsubstantiated rumors regarding the probate process. Many of them are like any other myth: a shred of truth that has been expounded upon until it’s false.
Here are some of the top myths and rumors concerning Probate, and the truth of them:
By Mitchell Gordon – President of Gordon Insurance Group
Medical insurance is a large expense for employers who provide that benefit. However, if you have older employees then employers can save money on their medical insurance, which seems counterintuitive.
Employers can save $5,000-$11,000 per employee (65 or older) on health insurance just by making a few simple changes.
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.
A company’s employee handbook is a vital document that helps welcome new employees into the fold, while explaining the key expectations of their new employer. But when constructing such a significant tool that serves as the backbone of the onboarding process, it is important to watch your wording, so as not to unintentionally create a binding legal employment contract.
As a business owner, it is very easy to be caught up in the here and now. These papers must be filed NOW. These spreadsheets must be completed NOW. Deadlines rule all. But life’s greatest deadline comes at the end of the road, and if a business owner suddenly becomes incapacitated or dies, decades of hard work could be undermined. All the undue strife that can befall the associates and loved ones of an ill-prepared business owner can be prevented easily with the presence of a strong estate plan.
While many believe estate plans to be contributed to an individual’s personal wealth, they also apply to business holdings and assets. The creation of an estate plan which includes entrepreneurial interests can be composed of a great many documents, all of which require years of careful planning.
One of the most important decisions a person can make in regards to their estate plan is the choosing of an executor to carry out their wishes after they are gone. Choosing the right executor for your estate will help to make the transition seamless for your loved ones, and ensure that your wishes are met. So, what should one look for when assigning this vital role? What are the qualities that make an executor great? How can you select someone with full confidence, knowing that they will uphold your orders when you are not there to enforce them?
An executor is the person or institution selected by you, that will carry out your final wishes and administer your estate after you have died. Some of the duties that fall to this important position include: filing court papers, beginning the process of probate, utilizing the funds of your estate to settle outstanding debts and funeral costs, putting together an inventory of your estate, seeing to outstanding details like notifying government agencies of your death and terminating credit cards, preparing and filing income tax returns, and distributing your assets to the beneficiaries you’ve named in your will.
“Our new Constitution is now established, and has an appearance that promises permanency; but in this world, nothing can be said to be certain, except for death and taxes.” –Benjamin Franklin, Letter circa 1789.
Looking at our calendars, almost all of us can mark our birthdays, anniversaries, and important holidays but, as much as we prefer to lock this thought back in the furthest recesses of our minds, what about the day you’re going to die? All too often people roll the dice regarding their date with the Grim Reaper and all too often people lose to the house, leaving their families to deal with the consequences. Getting your estate in order by having your Will drafted and executed is one of the most beneficial responsibilities one can enact for their family in this most grievous time of need. Planning your estate can also assist you in keeping money out of your probatable estate, leaving more for your family and protecting those funds from creditors.
Divorce is not an easy process. Cleaving yourself from an unhealthy marriage can be costly, emotionally draining, and long. But the old adage states that a journey of 1,000 miles begins with a single step, and in terms of divorce, the first step is making a decision that it is time for a change. Ending your marriage ranks up there as one of the most difficult decisions a person can make. Many couples struggle with the decision for months and years before finally making the move. If you are at this crossroad, ask yourself if any of these five signs of a failing marriage are present in your life.
Often, your CPA and your attorney are the ones most involved with handling your confidential financial information. Your attorney can help you draw up plans, establish trust accounts and delegate beneficiaries. Since your accountant regularly has access to your financial information, they can help guide you through following the plans as they are put into place. Your CPA typically advises on how to minimize tax liabilities through gift giving, insurance policies, trust accounts, and handling after death financial responsibilities.
Estate planning does not have to be expensive. Your plan will develop and change as your needs and financial situations change. Most people don’t give it much thought and most people have good intentions, but an innocent mistake can create problems for your family.
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!
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.
Maytel Sorondo and Jeffrey W. Smith, attorneys for The Orlando Law Group, shared their personal stories from middle school to law school at a recent Teach-In event which took place at Lake Nona Middle School. They connected 7th-grade Civics, from King John’s Magna Carta to the U.S. Constitution and following the Rule of Law, to what they do everyday.
At The Orlando Law Group, we aid our clients in various situations ranging from estate planning to business law, family issues, elder law, veteran law and more. Sometimes, events such as these can seem daunting and overwhelming, but on days like today, when Americans gather to give thanks, it’s important to focus on the positive and look to the future with thankful optimism.
Former Prime Minister of the United Kingdom Winston Churchill once said, “a pessimist sees the difficulty in every opportunity; an optimist sees the opportunity in every difficulty.” In fact, there are many studies that associate optimism with improvements to the immune system, preventing chronic diseases and helping people to cope with unfortunate news.
When it comes to dividing up your property and assets, the question becomes do you need a living trust or a will? The simple answer is that you might require both, depending on the size of your estate and the amount of control you would like to exert over the process.
Many times, veterans of the United States Military, who fight to defend our freedom overseas, return home with injuries sustained in the line of duty which prevent them from returning to the workforce. When this happens, they are owed disability pay. Unfortunately, it is estimated that nearly 70% of all veteran disability claims filed are initially denied by the Department of Veterans Affairs. What follows can be a long nightmare filled with paperwork, appeals and a lot of anguish. Hiring an attorney skilled in veteran law can help make this process easier and faster.
America has been and always will be the land of opportunity. This is a country that many dream of and journey to in an attempt to secure their own futures, as well as prosperity for their families. But immigration law can be a harrowing field to journey through on one’s own. Attorneys who specialize in immigration law are an invaluable resource in your quest to attain permanent residency and US citizenship.
A good immigration lawyer will aid in organizing and explaining the various documents, details, and practices involved in obtaining a green card. The immigration attorney will help you sort through the dozens of documents and laws you have to be aware of. Your lawyer will also assist in filing the proper documentation for a green card or citizenship.
When starting a business, whether online or at a physical location, it’s important to remember one simple truth. A business attorney is essential for the safety and success of your company.
It’s typical for new business owners to focus primarily on things like marketing, staffing, and sales, but establishing a relationship with a trusted attorney early on helps to head off potential issues before they arise. Most new companies don’t approach a law firm until they’re already being sued, and by then it may be too late!
There are a plethora of vital tasks a firm such as The Orlando Law group tirelessly undertakes for business owners that range from important agreements, to mergers and acquisitions, to succession planning and more.
Everything that has a beginning also has an end. This old adage rings especially true in reference to business ventures.
The companies that we breathe life into through ingenuity and elbow grease can be a legacy we leave behind at the end of our careers. Will you be prepared for retirement? Who takes control of your company when you ride off into the sunset? These questions can be easily answered by a well laid out succession plan.
There is no end-all instruction manual for planning a smooth succession, however, the following steps are widely accepted best practices which should be implemented to ensure this transitional period has every advantage going in.
By Heather A. McLeod, The Orlando Law Group, PL Published in “Building Central Florida” Magazine
On April 28, 2016, the Florida Supreme Court rendered its decision in Castellanos v. Next Door Company. Shortly thereafter the Florida Supreme Court rendered its decision in Westphal v. City of St. Petersburg on June 9, 2016. The Castellanos case had been tried on July 3, 2012 and then oral argument took place on November 5, 2014. Westphal was tried on June 22, 2012 with oral argument occurring on June 5, 2014. So, these cases sat pending for 540 days and 735 days respectively since oral argument. These two decisions have now turned back the clock on major provisions of the workers’ compensation law.
In Castellanos, the Supreme Court declared the attorney provision of the statute unconstitutional. The statute had been changed in 2003 as such that an attorney representing an injured employee was strictly restrained to a formula fee based upon the value of the benefits secured. Prior to 2003, the statute allowed for a reasonable fee which would further allow for an attorney to receive their fee based upon the reasonable hours to secure the benefits.
In coming to this ruling, the Court explained that the attorney’s fees in Florida workers’ compensation serve a dual purpose. First, the fees enable the injured worker who has not received benefits to obtain competent legal assistance. Secondly, the fees serve as a penalty to employers that are wrongfully denying benefits. As a result of the Castellanos decision, the attorney for the injured worker has the ability to show that a statutory or formula fee will result in an unreasonable fee and thereby assert a fee based upon the hourly basis.
The Court in Westphal declared the provision of the statute, 440.15 (2), as unconstitutional. This section limited the injured worker to 104 weeks of temporary total disability. The Court stated that this limitation deprived the injured worker of disability benefits under these circumstances for an indefinite amount of time which created a system of redress that no longer functioned as a reasonable alternative to tort litigation. Workers Compensation Insurance provides the Employer with immunity against a civil action. As such, the injured worker gives up the right to sue them in tort for exchange of workers’ compensation benefits. The Court found that the limitation to 104 weeks was no longer a reasonable exchange for giving up the rights. To provide some history, Westphal involved a firefighter who had exhausted his 104 weeks of temporary benefits and sought Permanent Total Disability benefits. However, he still required additional surgeries and did not meet the prerequisite for Permanent Disability Benefits because he had not reached Maximum Medical Improvement. Thus, he fell into a gap period between exhausting the temporary benefits and being able to pursue permanent benefits.
The Supreme Court found this gap period violated access to courts and cut off their benefits at a critical time with no redress. In declaring it unconstitutional, the Court revived the 260-week limit on temporary total benefits that existed in the pre-1994 version of the statute.
WHAT EFFECT WILL THESE DECISIONS HAVE ON EMPLOYERS?
As a result of the Castellanos decision, we have seen an immediate spike in attorney representation for injured worker’s claims and the filing of claims. Moreover, there were awards of attorney’s fee to claimant’s attorneys going back several years which had just been sitting out there. There was no way to push the fee issue and the claimant’s attorneys were waiting until this decision in order to pursue an hourly based fee.
We are seeing the filing of Verified Petitions for Fees to resolve those old fee awards on an hourly basis. While the starting point still remains the formula fee, there is no doubt that we will see more litigation as claimant’s attorneys will have an incentive to take more depositions and engage in more litigation in order to provide evidence that the statutory fee would produce an unreasonable result. We will see their willingness to litigate smaller issues as there is an incentive to do so.
With Westphal, there is still some ambiguity as to the extent the limitation of 104 weeks applies. The Court’s decision rendered the statute unconstitutional only “as applied to Westphal and others similarly situated.” Thus, the ability to secure the additional weeks may be dependent upon how similar the injured worker is to Wesphal. In the pre-1994 statute, it provided 260 weeks for temporary total benefits and a separate 260 weeks for temporary partial benefits. As such, this decision could mean the injured worker is entitled to up to 260 weeks of temporary total and that includes the 104 weeks of temporary partial.
Alternatively, the decision could mean the injured worker is entitled to up to 520 weeks of combined temporary total and temporary partial. Nonetheless, we can expect that there will be a push for injured workers to remain on a no work status for as long as a period of time as possible. Because of Castellanos and Westphal, the exposure for claims has increased which means an increase in attorney representation and filing of claims. NCCI originally filed for a rate increase of 17.1% for workers’ compensation policies. However, they just filed on July 1, 2016 an amended rate and proposed 19.6% with an effective date of October 1, 2016. So it will now cost the employer more for policies and they will be faced with increased claim exposure.
WHAT CAN BE DONE TO MINIMIZE THE IMPACT?
It is critical for Employers and their Insurance Carriers to thoroughly and accurately evaluate their claims at every stage in order to provide the appropriate benefits and negate those areas for potential fee entitlement. Investigating the claim as soon as reported will provide valuable information about the accident, the alleged injuries and also information as to the employee’s prior accident history. All these facts are crucial to making the best decision for the handling of the claim.
The best way to minimize the attorney fee issue is to make the correct decision and not owe a fee at all. The medical experts selected to provide treatment will be critical to reigning in the claimant’s desire to remain out of work as long as possible. It will be necessary to make sure that the medical provider is applying objective criteria in determining work status and the placing of the worker at MMI. A knowledgeable attorney will be able to address issues and design an appropriate strategy to help Employers and their Insurance carriers through the process.
The Orlando Law Group is proud to represent Homeowners Associations from all over Central Florida. The goals of our dedicated attorneys are to provide outstanding legal services at a fair price while tending to all of your association’s unique needs. Every Homeowner’s Association is different but they all need to assure the timely, uniform, and consistent enforcement of association policies. We will deliver personal attention and legal services tailored to the individual needs of your Association
We have experience with all types of law pertaining to Home Owners Associations. Examples of services we can provide for your Homeowners Association:
• Reviewing, drafting, and amending all contracts, policies and procedures, by laws etc. • Rule Enforcement, such as easements and covenants • Legal Counsel on all day-to-day Operational Decisions of the Association • General legal counsel regarding statutes, rules and regulations for homeowners and condo associations in Florida • HOA Collections • Annual Meetings & Elections • Mediations, Arbitrations, Litigation & Dispute Resolution • Construction Defect Claims • Community Association Administration and Operations • Review of short sale packages • Assessment lien enforcement and foreclosure • Advice on employment issues • Work on leases of any property HOA owns • Representation before the Department of Business and Professional Regulation • Any other type of legal aid that is needed
Call us today to see if we are a good fit to represent your Homeowner’s Association. We look forward to speaking with you.
When starting a business, it is always best to prepare for every conceivable possibility. When a business has more than one owner, certain eventualities need to be addressed as early as possible; such as the question of what happens to the business if one partner leaves?
This situation and many others are easily spelled out in a buy/sell agreement. Much like a pre-nuptial agreement, which divides assets and sets conditions of a marital divorce, a buy/sell agreement spells out the conditions which transpire when a business partnership dissolves.
Do you have a great new idea that you’d like to see turn a profit? Are you looking to turn your hobby into income? Are you a whiz online and think you can make a buck designing iPhone apps? Whether your idea is big or small, simple or complex, virtual or brick-and-mortar, taking the step to become an entrepreneur and start your own business is a big one.
Armed with your idea and your business plan, the next step is answering one important question: How should I legally structure my business? In most instances, you will probably have to choose between a limited liability company (LLC), a partnership, a corporation, or a sole proprietorship.
Many of us are planning for retirement by putting money away in tax-deferred retirement accounts such as a 401k, done through your employer or individually by way of the Individual Retirement Account(IRA) or its sister ROTH account named for its legislative sponsor, William V. Roth Jr., Republican senator from Delaware.
Online Businesses offer an outstanding opportunity in today’s market for entrepreneurs and leisure hobbyist and enthusiasts that want to take it one step further. If you are considering a new online business, there may be federal, state, and local laws that must be met and standards and procedures to follow in order to comply. There is also a structure to follow if you need financial backing. Here are some great tips to consider:
Employers that have four or more employees or employers that are engaged in the construction industry with at least one employee are required to have workers compensation insurance. The premium for the insurance is determined by the type of work the employees perform and are assigned classification codes for those duties or tasks. Each classification code is assigned a dollar figure. So, a roofer’s dollar figure is higher than a clerical employee.
In the wake of a workplace injury, many employees are in great need of compensation, as their newfound injury has brought incredible hardship to their finances. It is natural for a responsible employee to want to collect as much compensation as possible, so they can pay their medical bills, mortgage, or rent, and still have money for any accommodations that might need to be made to their homes (i.e. wheelchair modifications).
In the wake of a workplace injury, many employees are in great need of compensation, as their newfound injury has brought incredible hardship to their finances. It is natural for a responsible employee to want to collect as much compensation as possible, so they can pay their medical bills, mortgage, or rent, and still have money for any accommodations that might need to be made to their homes (i.e. wheelchair modifications).
In April 28, 2016, the Florida Supreme Court rendered its decision in Castellanos v. Next Door Company. Shortly thereafter the Florida Supreme Court rendered its decision in Westphal v. City of St. Petersburg on June 9, 2016. The Castellanos case had been tried on July 3, 2012 and then oral argument took place on November 5, 2014. Westphal was tried on June 22, 2012 with oral argument occurring on June 5, 2014.
Workers’ Compensation. It’s one of those things that you never really think about until you find yourself injured and unable to work. Workplace injuries can be life-changing, leaving countless families in a downward spiral of tremendous financial and relational strain.
ORLANDO, Fla. – The Orlando Law Group, PL is proud to announce that Kimberly E. Hosley has been chosen as a Florida Rising Star by Super Lawyers for the 2nd consecutive year. Each year, Super Lawyers recognizes the top lawyers in Florida via a patented multiphase selection process involving peer nomination, independent research, and peer evaluation.