The August 15th, Florida Bar News reported an attorney in South Florida was suspended for operating a Loan Modification Business with several non-lawyers. The Lawyer admitted to the Bar that he had between 2,500 and 3,000 cases, so many he did not know all of his clients or the status of their cases.
Talk about Too Big to Fail!
The Florida Supreme Court granted an Emergency Suspension because the facts clearly and convincingly established the lawyer was causeing "great public harm."
What do you do when the Lawyer you trust to assist in your time of need, becomes the problem?
The Lawyer in question charged his clients between $1,500 and $3,000 in "up front fees" which the non-lawyers primarily set in each case. Worse, the lawyer was paid more than $26,000 in fees by another law firm to take over its cases. The non-lawyers solicited clients on behalf of the lawyer on a nationwide basis, even though the lawyer is only admitted to practice in the State of Florida.
The hiring of an attorney is an important matter that should not be based solely on advertising.
Selecting an attorney should certainly not be based on nonattorney solicitation. When you hire an attorney, you are establishing a relationship time-tested by the courts to protect you. Decisions should be based on referrals from other attorneys, trusted friends or colleagues, and most of all, the attorney's ability to handle your problem in a time effective manner. You are the final link; you must have a comfort that this is the attorney for you.
My practice has included Elder Law, Family Law and Guardianships for more than 10 years. The current recession has required that I also include Mortgage Modification and Foreclosure Defense for many of my clients. Further, I have been somewhat involved in assisting the Bankruptcy Court of the Middle District of Florida in establishing the Mortgage Modification Mediation Program, one of only three in the country, and one of the most effective programs nationwide addressing the Mortgage Foreclosure Crisis.
If you need assistance in any area I practice; Divorce, Guardianship, Probate, Custody, Medicaid Qualification, Timesharing, or Domestic Violence Injunctions, please call me at 407-645-3297 or visit my website at http://www.aubreylaw.com/
I look forward to hearing from you.
Showing posts with label Guardianships. Show all posts
Showing posts with label Guardianships. Show all posts
Monday, August 29, 2011
Friday, August 19, 2011
When do you Call a Lawyer?
The time is NOW! If you are wondering whether or not to call a lawyer, an attorney or as I prefer, Counselor at Law, then you should call. We are here to answer your questions.
Many people will ask their friends, family, and even strangers on the street what they think of a problem.
Lawyers are trained to answer questions of a legal nature. Attorneys are adept at asking the followup questions that provide real meaning to the questions. Counselors at Law can help you interpret and apply the law to your situation in a way you may have not considered and can discuss the impact decisions may have on other areas of your life. In Central Florida, one attorney advertise on TV that "a free 5 minute call will answer all your questions." If that is true, Call!
In my practice most questions are more involved than a short phone call. They usually involve multiple family members and the impact on each can be different. In Divorce, the children must be a consideration. In Elder Law, the Parents are ususally the major consideration. Guardianships can affect many different life decisions.
If you have questions of a legal nature, Call an attorney.
Visit my website at www.aubreylaw.com or call me at 407-645-3297. Make an appointment to come in and review your situation and the many different ways and possible outcomes that can relieve the stress you are feeling. Aubrey
Many people will ask their friends, family, and even strangers on the street what they think of a problem.
Lawyers are trained to answer questions of a legal nature. Attorneys are adept at asking the followup questions that provide real meaning to the questions. Counselors at Law can help you interpret and apply the law to your situation in a way you may have not considered and can discuss the impact decisions may have on other areas of your life. In Central Florida, one attorney advertise on TV that "a free 5 minute call will answer all your questions." If that is true, Call!
In my practice most questions are more involved than a short phone call. They usually involve multiple family members and the impact on each can be different. In Divorce, the children must be a consideration. In Elder Law, the Parents are ususally the major consideration. Guardianships can affect many different life decisions.
If you have questions of a legal nature, Call an attorney.
Visit my website at www.aubreylaw.com or call me at 407-645-3297. Make an appointment to come in and review your situation and the many different ways and possible outcomes that can relieve the stress you are feeling. Aubrey
Thursday, July 29, 2010
Busy Weeks! And this is Summer!
Wow, I have been very busy lately: All day trial as a Guardian Ad Litem; half day trial to a magistrate on Child Support Enforcement; half day trial on Domestic Violence to have an injunction disolved; meetings to establish guardianships for adults, children with developmental disablilities soon to be adults; meetings with clients arrested and charged under Arizona-law like immigration issues, and many meetings to figure out how to stop a Mortgage Foreclosure case where the Bank acted improperly.
As to Domestic Violence: Do Not Touch. If you find yourself in a situation where the other party refuses to listen, touching them will not help their ears to work! Sounds kind of funny, but is deadly serious. If you are touched without your consent, call the police, File a report, seek an injunction, tell the truth. When in court the judge asks if you ever argue with your spouse, remember, it takes two to tango, and argue. Its OK to disagree. Its not OK to force your partner to agree, listen, share, play, etc.
If you are owed child support, the Florida Department of Revenue will enforce your child support order. Inquire at the courthouse. Take your final judgment and child support order and Anna Tangel-Rodriguez will help you (in Orange County, Florida). If someone owes child support you are doing no favors by ignoring it. Driver's Licenses can be revoked, their right to work can be impacted, Tax Refunds can be seized, they can be sent to jail, but only if you let the court know of the missing child support. I meet people every week who are living hand to mouth because they don't want to be the bad guy enforcing child support. Your Children Deserve Better!
Guardianships can be very tricky, very costly, and very necessary. In fact, when guardianships are most needed they are usually most expensive. Acting early to intervene in your elder family member's life may save much heartache down the road. Taking action today can save many problems tomorrow. A Durable General Power of Attorney may obviate the need for a guardianship, saving substantial funds in the process.
Probate avoidance is not difficult with proper advice and representation. Updating beneficiary statements with the bank or insurance company can avoid probate saving thousands of dollars in fees. Transferring title to real estate while retaining a Life Estate or through the use of a "Lady Bird Deed" can help avoid probate as well. Call an attorney if you have questions.
I am available at 407-645-3297, or visit my website at www.aubreylaw.com
As to Domestic Violence: Do Not Touch. If you find yourself in a situation where the other party refuses to listen, touching them will not help their ears to work! Sounds kind of funny, but is deadly serious. If you are touched without your consent, call the police, File a report, seek an injunction, tell the truth. When in court the judge asks if you ever argue with your spouse, remember, it takes two to tango, and argue. Its OK to disagree. Its not OK to force your partner to agree, listen, share, play, etc.
If you are owed child support, the Florida Department of Revenue will enforce your child support order. Inquire at the courthouse. Take your final judgment and child support order and Anna Tangel-Rodriguez will help you (in Orange County, Florida). If someone owes child support you are doing no favors by ignoring it. Driver's Licenses can be revoked, their right to work can be impacted, Tax Refunds can be seized, they can be sent to jail, but only if you let the court know of the missing child support. I meet people every week who are living hand to mouth because they don't want to be the bad guy enforcing child support. Your Children Deserve Better!
Guardianships can be very tricky, very costly, and very necessary. In fact, when guardianships are most needed they are usually most expensive. Acting early to intervene in your elder family member's life may save much heartache down the road. Taking action today can save many problems tomorrow. A Durable General Power of Attorney may obviate the need for a guardianship, saving substantial funds in the process.
Probate avoidance is not difficult with proper advice and representation. Updating beneficiary statements with the bank or insurance company can avoid probate saving thousands of dollars in fees. Transferring title to real estate while retaining a Life Estate or through the use of a "Lady Bird Deed" can help avoid probate as well. Call an attorney if you have questions.
I am available at 407-645-3297, or visit my website at www.aubreylaw.com
Tuesday, July 6, 2010
Rest and Relaxation - Vacation or Respite Care
Everybody needs a break. I just returned from a very busy vacation. Although it included a couple of telephonic hearings and several face to face meetings with attorneys in Tennessee, as well as a three day convention in Charlotte, NC, I returned refreshed!
In only 7 working days out of the office, I returned with new energy. Sometimes work is so overwhelming, we need to step back and let others take the reins while we ride along enjoying the view. My very capable staff managed to address all the client issues that arose in my absence without having to trouble me with calls and emails of any urgent nature.
For many of my clients caring for their aging parents or disabled children, vacations and time away are almost impossible. Although caring for aging parents can tax a person beyond their comprehension, sometimes the caregivers may not even recognize how truly exhausting their job can be. Many do not think others are willing or capable to provide the care; some may simply feel no one else will do the job, or do the job correctly.
Respite care is used to provide care for the caregiver. Most Assisted Living Facilities have programs to allow seniors in need of care to stay for a few days or even weeks to allow the caregivers the time to unwind and relax on vacation. In home healthcare providers also can provide the necessary down time to caregivers when the invalid is unable to leave the home for any reason.
In my own life, my mother took care of my paternal grandmother for 8 years until just before her death in 1987. During that time, I only remember one time she was away from home for more than 24 hours. Although my father had 8 siblings, no one offered a break.
My mother again was the caregiver and took care of her own father for more than 5 years until his death in 2008. In that time, her sister provided two separate vacations of 1 week each when she provided care for her father. Again, siblings seldom see the needs or offer the support so necessary to provide care to disabled parents. More often than not, the love and affection that spurs such care is ignored in the Will or asset allocations of statutes.
If you are in need of assistance, call me. My number is 407-645-3297 and I will be happy to help you. Either by pointing you to resources in your area, or by assisting in setting up your own will so the people providing the care needed are not trampled in the rush to divide the assets after your death, I help people every day to solve some of life's most pressing issues.
www.aubreylaw.com has many Frequently Asked Questions and other resources to provide you needed information.
In only 7 working days out of the office, I returned with new energy. Sometimes work is so overwhelming, we need to step back and let others take the reins while we ride along enjoying the view. My very capable staff managed to address all the client issues that arose in my absence without having to trouble me with calls and emails of any urgent nature.
For many of my clients caring for their aging parents or disabled children, vacations and time away are almost impossible. Although caring for aging parents can tax a person beyond their comprehension, sometimes the caregivers may not even recognize how truly exhausting their job can be. Many do not think others are willing or capable to provide the care; some may simply feel no one else will do the job, or do the job correctly.
Respite care is used to provide care for the caregiver. Most Assisted Living Facilities have programs to allow seniors in need of care to stay for a few days or even weeks to allow the caregivers the time to unwind and relax on vacation. In home healthcare providers also can provide the necessary down time to caregivers when the invalid is unable to leave the home for any reason.
In my own life, my mother took care of my paternal grandmother for 8 years until just before her death in 1987. During that time, I only remember one time she was away from home for more than 24 hours. Although my father had 8 siblings, no one offered a break.
My mother again was the caregiver and took care of her own father for more than 5 years until his death in 2008. In that time, her sister provided two separate vacations of 1 week each when she provided care for her father. Again, siblings seldom see the needs or offer the support so necessary to provide care to disabled parents. More often than not, the love and affection that spurs such care is ignored in the Will or asset allocations of statutes.
If you are in need of assistance, call me. My number is 407-645-3297 and I will be happy to help you. Either by pointing you to resources in your area, or by assisting in setting up your own will so the people providing the care needed are not trampled in the rush to divide the assets after your death, I help people every day to solve some of life's most pressing issues.
www.aubreylaw.com has many Frequently Asked Questions and other resources to provide you needed information.
Thursday, March 4, 2010
Paper My Office
An attorney recently promised to "Paper (my) office with everything we have." Since this was a relatively new attorney, not young in years but in practice, I tried not to take offense at what is normally a derogatory statement. By most attorney's understanding,
"papering an office" implies "we will bury you in paper so you can't possibly respond to it all."
Unfortunately, this attorney did not follow through. Although she has made significant and slanderous allegations against my client, no "paper" has been provided showing even a hint of wrongdoing by my client. Still the bold assertions of opposing counsel are expected to make me disbelieve in my client's cause and undermine my confidence in her case.
Worse than the implications of this attorney toward my own client are her failures to live up to the standard she advertises. "Dove Attorney" and Christian Symbols on a website should warn potential clients this person cannot be trusted. If you have to rely on something beyond your own legal experience to assure a client of your legal abilities, well, nuff said.
Sorry to rant here, but I am offended that someone who advertises under the words "Christian Attorney" could be so deceitful and offensive to a fellow attorney, much less to a fellow human being.
"papering an office" implies "we will bury you in paper so you can't possibly respond to it all."
Unfortunately, this attorney did not follow through. Although she has made significant and slanderous allegations against my client, no "paper" has been provided showing even a hint of wrongdoing by my client. Still the bold assertions of opposing counsel are expected to make me disbelieve in my client's cause and undermine my confidence in her case.
Worse than the implications of this attorney toward my own client are her failures to live up to the standard she advertises. "Dove Attorney" and Christian Symbols on a website should warn potential clients this person cannot be trusted. If you have to rely on something beyond your own legal experience to assure a client of your legal abilities, well, nuff said.
Sorry to rant here, but I am offended that someone who advertises under the words "Christian Attorney" could be so deceitful and offensive to a fellow attorney, much less to a fellow human being.
Tuesday, June 23, 2009
Brighter Days Ahead
Its raining again. When it Rains, it Pours. Sometimes troubles come, sometimes they stick around a while.
Alzheimers can be like that. It shows up, and won't go away. Many times the "episodes" can be overlooked. It doesn't happen very often, its just a nuissance. Forgetful. Oops.
As people age, some of the normal progressions may become exagerated and excuses become more frequent.
Know when to say when. When you need help, ask. Friends, Family, Organizations and others stand by ready to lend a helping hand. Before it pours. Before you lose control.
Call me. 407-645-3297 at the office. 407-718-5678 is my cell. I am here to help.
Alzheimers can be like that. It shows up, and won't go away. Many times the "episodes" can be overlooked. It doesn't happen very often, its just a nuissance. Forgetful. Oops.
As people age, some of the normal progressions may become exagerated and excuses become more frequent.
Know when to say when. When you need help, ask. Friends, Family, Organizations and others stand by ready to lend a helping hand. Before it pours. Before you lose control.
Call me. 407-645-3297 at the office. 407-718-5678 is my cell. I am here to help.
Monday, March 2, 2009
Where to go for the information you need
One of the greatest sources for information of any type is the University. In the area of Elder Law, Stetson University is one of the best sources for all information. No matter the question, this site has the answer. http://justice.law.stetson.edu/excellence/elderlaw/eldersites.htm
While the site require some time to locate the particular answer you seek, know every resource available on the subject is found there. If you still have questions, call me or check out one of my websites, www.aubreylaw.com www.lawyers.com/duckerlaw or www.Floridaguardianattorney.com
While the site require some time to locate the particular answer you seek, know every resource available on the subject is found there. If you still have questions, call me or check out one of my websites, www.aubreylaw.com www.lawyers.com/duckerlaw or www.Floridaguardianattorney.com
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