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Sometimes, when a couple agrees on all issues and has no children or jointly owned real property, they can handle getting a divorce without the help of an attorney. There will still be court costs but no attorney fees. For couples who must use an attorney to obtain a divorce successfully, the cost is significant and can become a hardship and ...
“How do I choose a lawyer?” Is a question many people ask at some time in their life. It seems today that “going to court” for one reason or another is an everyday happening for a myriad of issues. In the United States crime rates are high, divorce rates hover near 50% and suing someone,or some organization has become the way to right...
There are sometimes, during the hearing of a case before a judge, when it necessary to use an expert witness. According to The Legal Dictionary.com. an “expert witness is a person who is a specialist in a subject, often technical, who may present his/her expert opinion without having been witness to any occurrence relating to the lawsuit or...
To begin with, what or who is Daubert? And what is an expert witness and why should he or she need to be qualified? As Daubert deals directly with the qualification of an expert witness asked to give testimony, this blog will start with a legal definition of “expert witness.” According to Legal Dictionary|Law.com, an “expert witness ...
Everyone wants their court case to be finished with the judge’s ruling finalized as soon as possible. Quickly is unheard of in the legal world but in many instances there are causes for delays Cases which of course add time to arriving at the final judgment. Here are some of the most frequent reasons for a delay: In most jurisdictions ...
With the ever-increasing use of texting as a way to communicate ideas, information, requests, and just about any other form of verbal sharing between two or more persons, Text Messages Be Used as Evidence are becoming more and more common in court proceedings. Text messages can be saved with the date and time of production, making them useful...
Social media is quickly becoming the primary way to communicate information, ideas, and often pictures to support the written word. Authors Marisa A. Tradatti and Anna C. Hore note, “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 ...
You have done your research, met with some attorneys specializing in handling situations involving your concerns, chosen the attorney you felt the most comfortable with and had confidence in, and your particular case is well on its way to being decided. Without intending there to be problems with your attorney, several issues have surfaced an...
To advocate, according to Black’s Law Dictionary, is “one who assists, defends, or pleads for another; one who renders legal advice and aid and pleads the cause of another before a court. A person learned in the law, and duly admitted to practice, which assists his clients with advice, and pleads for him in open court….” Taking this d...
According to US Legal, Inc. the definition of legal ethics in Family law “is the minimum standards of appropriate conduct within the legal profession. It is the behavioral norms and morals which govern judges and lawyers. It involves duties that the members owe one another, their clients, and the courts.” These issues of ethics include...
The word “subpoena” comes from “suppena”, Middle English and “sub poena”, Latin, both meaning “under penalty” It is interesting to note that even though the word has English roots, in England the term subpoena is no longer used but the phrase “written summons” is used instead. Actually, “written summons” is a good, bri...
All clients, no matter the business or professional arrangements have expectations as to how they expect the situation to proceed and what they perceive the final outcome to be. This is certainly true when it comes to working with an attorney. Most clients have preconceived ideas as to how their case should proceed and what they hope for as s...
About two years ago a well-received movie who gets the Dog gained the attention of many Americans. The theme of the movie revolved around a couple who had a beloved dog that neither was willing to part with because of their pending divorce. While the movie provided a great deal of humor, in reality, it isn’t funny when a couple desires a di...
You are sitting in an attorney’s office waiting to meet the attorney you are considering or have chosen to represent you in a legal matter, be it civil or criminal. You have a whole list of things you want to tell and ask the attorney and you are even ready to write his or her answers down.The next half hour or so is important and could eve...
Even in the best of circumstances surrounding the break-up of a family with minor children, meaningful and polite communication is often difficult to achieve.This is made even more difficult when one of the main reasons the marriage broke down was poor and sometimes volatile communication. While a judge can order reasonable communication it s...
It is very tempting to record conversations a spouse is having with someone who can demonstrate that a particular fact is indeed true in regards to a certain situation in a case such as a dissolution of marriage (divorce). For example, in Florida, you might believe your spouse is funneling important marital assets, that are property, real or ...
First, before determining what an effective deposition looks like, it is important to understand just what a deposition is. In legal terms, as described on the online legal dictionary, a deposition is “The testimony of a party or witness in a civil or criminal proceeding taken before trial, usually at an attorney’s office.” The testimon...
Before looking at what to expect at a post settlement final hearing it is important to understand when parties would be using a post settlement final hearing. Post settlement means after a settlement has been finalized by the parties in question for their case being adjudicated. In other words, for example, in dissolution of marriage (divorce...
Definition of “impeachment of a witness” from Black’s Law Library: “where the believability of a witness is questioned that is based on the testimony of other witnesses.” Believability in a courtroom refers to whether a witness is speaking the truth. While most persons will be truthful, there are exceptions and if it can be prove...
Buyer’s remorse, as defined by Wikipedia, is “the sense of regret after having made a purchase. It may stem from fear of making the wrong choice, guilt over extravagances, or a suspicion of having been overly influenced by the seller.” Similarly, in legal matters, a person may experience buyer’s remorse after signing a settlement agre...
Definition of “reunification” as found in the online Dictionary: “To cause (a group, party, state, or sect) to become unified again after being divided.” Definition of “therapy” by the American Psychological Association” “Therapy is a treatment for psychological problems in which the therapist and clients work together to u...
For many people the terms judge and magistrate are thought to mean the same thing. This is by no means correct. While it is true both terms denote jurisdictional functions, there are a variety of differences between a judge and a magistrate including how they arrive at their title, how long they will hold the title and what functions they are...
To begin this blog a definition of “legal appeal” is necessary. Online Legalzoom states the following: “An appeal is a request made to a higher court to review a decision made by a lower court. It is not a rehearing of the case you presented” No, a trial is not the mandatory end of the road in a Family Law case decision in Florida....
To be brief, the attorney client privilege is the protecting, that is keeping confidential, of information, documents, and evidence given by a client to his or her attorney, much the same as when giving such details to a religious minister, a doctor, or a mental health counselor. This information can be given verbally or in writing and cannot...
As time moves more and more into the age of technology, the use of cellphones with the capability of texting is becoming almost as common as the use of what is now termed a “land line”. Particularly with the younger age group, they use cell phones almost exclusively, and studies show that many senior citizens are learning and liking the u...
Florida Family Law is Concerned With the Moral Fitness of a Minor Child’s Parents One could ask what business does the law have in determining what goes on in the private lives of a minor child’s parents. Florida Family Law says there are many areas of a parent’s private life that will directly affect the care and nurturing of childr...
The very word “profession’ denotes there is supposed to be professionalism around somewhere, but where is the somewhere? Unfortunately, due to much unprofessional behavior among lawyers over the years, it is a joke in some circles that there probably isn’t a lawyer left practicing professionalism. This of course isn’t true and hopeful...
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 Produ...
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 pe...
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...
