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Legal Advice

Home > Legal Advice

How to Impeach a Trial Witness

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 proven by any party that the witness is not likely telling the truth, the witness will be impeached and their testimony will not be admissible in the court proceedings. The key word is “proven” and both the defense attorney and the prosecuting attorney have the right to...

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Is Trial The End of The Road? What About Appeals?

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. However, as judges usually have wide latitude in making decisions, especially in dissolution of marriage, it is not likely an appellate court will reverse the judge’s decision unless there has been judicial error or the misuse of...

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Why You Shouldn’t Text Your Attorney

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 use and convenience of modern phone technology as well. While this makes for amazing speed of information gathering and communicating with others, there are some definite drawbacks when it comes to communicating with one’s attorney, especially in the area of...

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The Importance of Professionalism in the Legal Profession

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 hopefully this blog will give some positive insight. It is interesting to note that the legal profession itself is concerned with the professionalism of its members and in April of 2015 a conference organized by the Harvard Law School Center on the Legal Profession was held to deal directly with...

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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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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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The Use of Expert Witnesses at Trial (Forensic Accountants and Psychologists)

While, in most instances, someone who is to be a witness at a trial must have, by the use of one or more of their five senses, experienced some aspect of the case they will be testifying for. There are however exceptions and these people are called “expert witnesses”. An expert witness is defined as” 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 criminal case”. Further, Wikipedia goes on to say, “An expert witness in England, Wales, and the...

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Knowing When to Settle and When Not to Settle

Settling, in the legal sense, refers to deciding that the outcomes desired to culminate a case, such as a divorce, have reached the place where no more can or should be done to litigate the issues under consideration. At this point, be it at mediation or in an attorney’s office, a settlement agreement will be executed then presented to the judge for scrutiny at a final hearing so that the Judge can turn the parties agreement into an order of the Court. It is highly unlikely either party will be 100% happy with the outcome but a settlement indicates both parties were willing to compromise and...

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