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What is a Request For Production and Interrogatories and Why Are These Discovery Vehicles So Useful?

Working with an attorney is much like meeting that special person in your life and developing a personal relationship. It takes time. During this time interrogative questions are asked and answered and evidence such as meeting parents or seeing the actual workplace come into play. This blog will take an in-depth look at both Request for Production and Interrogatories and just why they are useful for both client and attorney. Looking first at Request for Production, the legal definition found in the online Findlaw Legal Dictionary states “a discovery request issued by one party to an action on another for the...

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Moving On With Life After a Divorce

Very few people who have weathered a divorce, or dissolution of marriage as it is now termed, would say it was easy to move on after the final judgment is handed down. Of course, a lot depends of how many years the couple have been married, if there are children to consider, if there will be a drastic change in lifestyle, whether there is someone waiting “in the wings” to love and cherish, to name a few. However, no matter what the circumstances, a person must move on. Here are some suggestions to help with moving on: Immediately take stock...

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What is Mandatory Disclosure (Fla. R. 12.285)

Mandatory disclosure refers to the in-depth financial disclosure required by Florida law for most legal actions where monetary information is pertinent to the case or where there will be a monetary award as part of the final settlement, such as child support, alimony, and/or debt satisfaction. Both parties in the legal action must submit a mandatory disclosure and the information contained therein must be accurate, up-to-date, and be able to be backed up with proof when required. Proof required is for information prior to the serving of the financial affidavit, and will include: Pay stubs back 3 months State and...

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Legal Vs. Ethical Obligations For Your Children

No Duty To Pay For College, Car Etc. What does “duty” mean when it comes to paying for your children’s needs? First, let’s look at the legal definition for “duty”, the one found online at Black’s Law Dictionary: “In its use in Jurisprudence this word is the correlative of right. Thus, whenever there exists a right in any person, there also rests a corresponding duty upon some other person or upon all persons generally. But it is also used, in a wider sense, to designate that class of moral obligations which lie outside the jural sphere; such, namely, as rest upon...

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All About An Initial Retainer

Attorneys cost money. And they should. Informed, caring representation for matters involving the law takes years of preparation, strict licensing, ongoing education, and severe state government monitoring of one’s professional actions. An attorney puts, and continues to put, a great deal of time and dollars into his or her professional career and certainly deserves to be recompensed in order to make a living and be able to adequately maintain his professional status. But, it is often said attorneys charge an unreasonable amount for their services. Of course some do. However, if you understand the ways attorneys handle their fees, you...

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Child Support Calculations… Are You Overpaying?

In Florida, child support is a mandatory requirement for all parents whether they are married to each other or not. Both parents are responsible for part of their minor children’s support and sometimes this support will be given to a third party legal guardian such as a grandparent. Additionally, child support cannot be made part of a pre or post marital agreement. There are a number of considerations taken into account when figuring child support, among them are incomes of each parent, number of minor children shared by the couple, number of overnights each parent will have, special needs or...

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The Importance Of a Free In Person Consultation

Everyone likes to get something for free, but in this case a free, in person consultation means a lot to both the giver, the attorney and the receiver, the potential client. For both parties, making a decision to represent or be represented by someone in a matter, which can often be life changing, is vitally important. Getting to meet someone in person and be able to “get a feeling” for their personality and compatibility as well as if they are good listeners and seem honestly interested in the unique particulars of your case is essential as often a case can...

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Legal Advice: Why It Can’t Be Given Away For Free

To begin with, let’s take a look at just what “legal advice” is. Going online it is interesting to note there are numerous definitions from a wide variety of sources. Each definition has similarities but there are some subtle differences. The following are several of the most complete: Wikipedia: “the giving of a professional or formal opinion regarding the substance or procedures of the law in relation to a particular factual situation.” State Definitions of the Practice of Law-American Bar Association: “Providing advice or preparing documents for another, which affect legal rights or duties.” Regarding Florida in particular it...

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Why Choose a Family Law Attorney Vs. a General Practice Attorney

Before answering the question as to why choose a family law attorney vs. a general practice attorney it is important to understand the areas of law practiced by each. A Family Law Attorney practices in the areas of law dealing directly with issues involving families in civil court matters. These issues include child support and its arrears and post judgment modifications, dissolution of marriage (divorce), parental time sharing (child custody) and its relocation and post judgment modification, spousal support (alimony) and its post judgment modification, equitable distribution of marital and non marital property and liabilities, pre and postnuptial agreements, bankruptcy, and...

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Using Social Media Evidence at Trial

In the last 10 years the use of social media by persons worldwide has exploded to the point where “There’s a whole generation of people for whom tweeting is as natural as breathing, for whom the word ‘friend’ has become a verb, and for whom Web 2.0 is the only media platform they know” (writes authors Marisa A. Tradatti and Anna C. Horevay). Facebook now has over 1 billion users, which equates to over one seventh of the world’s population. Additionally, emails, blog posts and comments, texts, flicks, instant messenger, Craigslist, Tumbler, Snapchat, Pinterest, Twitter, You Tube, Instagram, and...

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