Family Law

• Divorce
• Child Support
  Child Support: These matters involve a parent’s ability to pay monetary support to a child and may involve income imputed from other sources, such as when an employer pays the spouse in cash “under the table” without documentation.
• Child Custody and Visitation
  Visitation Rights: These matters involve dissolution of marriage and issues such what role a parent will have in the growth and development of their children in furtherance of the best interests of the child once the divorce tales effect.
• Adoption
  Adoption Law: Litigation related to this issue has shown, however, that in a number of cases, adoption agencies and independent practitioners have failed to provide prospective adoptive families with known information about a child's physical, emotional or developmental problems or with critical background information about the child's birth family and history. In these cases, adoptive families, deprived of such information, have found themselves neither emotionally nor financially prepared to care for a child whose needs require enormously expensive medical or mental health treatment. Some of these families have sought redress in the courts.
• Paternity
• Premarital Agreement
  The laws governing the validity of premarital agreements vary from state to state. In general, the agreements must be in writing and signed by the parties.
• Guardianship
  The Trust can become irrevocable upon the grantor or settlor's incapacity or incompetency, but become revocable upon the recovery of the grantor or settlor and perhaps allow the avoidance of guardianship proceedings;
• Spousal Support
  Alimony: These matters involve a spouse ability to pay monetary support to an ex-spouse and may involve income imputed from other sources, such as when an employer pays the spouse in cash “under the table” without documentation.

Criminal Law

• Wrongful Death
  Survivor and wrongful death actions: These claims involve actions brought by the executor or personal representative of the decedent’s estate when the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, or claims brought by the surviving spouse or family members.
• Sex Crimes
  Elder abuse: Elder abuse may involve physical abuse, such as striking, pushing, shoving, shaking, slapping, kicking, pinching, burning, improper use of drugs and physical restraints, and force-feeding, sexual abuse, such as unwanted (including acts where the elder lacks mental competence to consent) touching, all types of sexual assault or battery, such as rape, sodomy, coerced nudity, and sexually explicit photographing, emotional or psychological abuse, such as threats or misrepresentations to elders, neglect such as a refusal or failure of an obligated individual or entity to fulfill duties owed to an elder, abandonment such as the desertion of an elderly person by an individual or entity who has assumed responsibility for providing care for an elder, and financial or material exploitation such as the illegal or improper use of an elder's funds, property, or assets.
• Fraud
  Securities Fraud: Such litigation occurs when a publicly traded corporation and certain of its officers and directors disseminate materially false and misleading statements to investors, broker or securities analysts about the company's financial condition and/or products that served to artificially inflate the price of the company's stock. These statements are dispersed to the financial community by company press releases, prospectuses, annual reports and proxy statements, quarterly and annual financial statements and various SEC filings. In certain actions, plaintiffs must allege and prove that the defendants knowingly or recklessly disseminated materially false and misleading information. In others, such as public offerings, once a material misrepresentation is established, the burden is on the defendants to demonstrate they did not act negligently. Typically, when the truth about the company's financial condition or product is publicly revealed, investors who purchased the company's securities at a time when the prices of those securities were artificially inflated experience a significant drop in the value of their stock, causing investors serious economic losses.
• Theft
• Assault

Business and Corporate Law

• Corporate Law
  Shareholders or Members: Shareholders and members may request copies of the Articles of Incorporation when participating in corporate governance decisions or to understand the company’s governing rules and structure.
• Business Formation
  At Spiegel & Utrera, P.A., we have been committed for decades to providing minority-owned businesses affordable business formation with complete records book and seal, experienced legal and business counsel, and written agreements. We’re open Monday to Friday from 8:30 am to 5:30 pm. Feel free to give us a call at (800) 603-3900 with any business or legal questions; we’re happy to help your MBE-certified business get to the next level.
• Business Disputes
  Corporate and Business Law: Commercial law (sometimes known as business law) is the body of law which governs business and commerce. It is often considered to be a branch of civil law and deals both with issues of private law and public law. Commercial law regulates corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes which contain comprehensive statements of their commercial law. In the United States, commercial law is the province of both the United States Congress under its power to regulate interstate commerce and the states under their police power. Efforts have been made to create a unified body of commercial law in the US; the most successful of these attempts has resulted in the general adoption of the Uniform Commercial Code.
• Business Transactions
  For example, you may include in your Articles of Organization a special provision to protect the Managers from any actions they take on behalf of the LLC called an Indemnification clause. Basically, the LLC agrees to indemnify and hold harmless its Operating Manager(s) (those who act as agents of the LLC and represent the LLC’s interest in day to day business transactions).
• Limited Liability Companies
  Informative information about For Profit, Non Profit, Limited Liability Companies, Offshore Corporations, Limited Partnerships and Reddi Corps. Each topic is organized with state specific information.
• Construction Contracts
  Construction contracts and lien litigation: This litigation involves disputes between the owner, developer, general contractor and subcontractor regarding the contractor’s performance and payment according to the contract.
• Trade Secrets
  Copyrighted works may contain trade secrets or confidential information. In such a circumstance, a federal Copyright owner definitely does not want to make their work available for full public disclosure. There are exemptions where there is no public disclosure or a partial public disclosure of the work so that trade secrecy is maintained. Let Spiegel & Utrera, P.A. protect your trade secrets by registering your federal Copyright with the U.S. Government. Federal Copyright Registration with Trade Secrets Protection is $474.95 plus Government filing fees of $200.
• Intellectual Property
  Intellectual property: Intellectual property disputes relate to the right to license and use property under trademark and copyright laws.
• Unfair Competition
  Unfair competition: Challenging and defending entities and individuals allegedly involved in unfair, unlawful, or fraudulent business actions, including false advertising and trade name infringement.
• Antitrust
  Antitrust and Trade Regulation Law: Sherman Antitrust Act and Unfair Competition Law and other state and federal laws make it illegal for companies to agree to fix prices or to squeeze out competitors to create a monopoly or cartel. Directly or indirectly, businesses and consumers are hurt in the form of artificially high prices. Litigation often arises from Department of Justice investigations into antitrust violations. A civil antitrust lawsuit seeks monetary damages — triple the amount of the defendants' illicit gain.

Employment Law

• Workers Compensation
  Besides the ubiquitous 501(c)(3) corporations, there are other types of non-charitable corporations that are exempt from federal income tax as well. These include civic leagues and social welfare organizations (which include local associations of employees, certain homeowners' associations, advocacy organizations, and junior chambers of commerce); labor, agricultural, and horticultural organizations, such as labor unions or organizations connected with raising livestock, forestry, harvesting crops, aquatic resources or the cultivation of useful or ornamental plants; business leagues or other organizations formed to promote the interests of a particular industry or industries, such as trade associations and chambers of commerce; social and recreation clubs, such as college fraternities or sororities, country clubs, garden clubs, hobby clubs, and college alumni associations; Fraternal beneficiary societies and fraternal organizations; and other nonprofit organizations such as voluntary employees' beneficiary associations; local benevolent life insurance associations; cemetery companies; credit unions and mutual financial organizations; supplemental unemployment benefit trusts; veterans organizations; black lung benefit trusts; title holding corporations for multiple parents; state- sponsored high-risk health coverage organizations; and state-sponsored worker's compensation reinsurance organizations.
• Employment Discrimination
  Employment Discrimination and Harassment litigation: These disputes involve employers and employees and discriminatory employment practices such as bias in hiring, promotion, job assignment, termination, and compensation, and harassment.
• Employment Contract
  " When I wanted to get incorporated as an LLC in Florida, I did some research and found Amerilawyer.com on the Internet. I was impressed with Larry’s website because he had a whole lot of information available. Amerilawyer.com is organized to take a business from inception to exit. All the planning, employment agreements, trust planning, wills, etc., are taken care of in one place. I also like the General Counsel Club. I pay one small fee a year and I can pick up the phone and talk to Larry about anything. In that way Larry functions as a consultant for my business."

Property Law

• Real Estate Litigation
  Real estate disputes: These disputes are between buyers, sellers and brokers in connection with buying, selling, and leasing commercial real estate.
• Premises Liability
  Premises Liability (Slip & Fall): These disputes involve injuries in premises held out to the public, such as a retail store, parking lot or apartment complex and the premises owner or manager failed to provide adequate safety or warn of dangerous conditions.
• Construction Litigation
  Construction Litigation: This litigation involves disputes between the owner, developer, general contractor and subcontractor regarding the contractor’s performance and payment according to the contract.
• Real Estate Transactions
  Real Estate and Title Insurance Claims: A little-known aspect of a real estate transaction is the role of title and escrow companies. Title insurance is required for most transactions to ensure that the property owner actually owns the property and that there are no easements, loans or liens against it. Escrow companies handle funds for a real estate transaction and are considered neutral parties responsible for helping make sure the deal gets done. Complications may arise involving these companies which may require litigation.
• Eminent Domain
  Eminent Domain: Such claims involve the government’s involuntary seizure of property for public purposes for which the former owner may receive just compensation.
• Easement
• Land Use and Zoning
• Landlord-Tenant Disputes
  Landlord-tenant disputes: These disputes involve a lease and usually entail a tenant’s failure to pay rent or the landlord’s failure to repair the premises or provide services. The landlord may initiate eviction proceedings to regain possession of the premises after timely notice is given to the tenant and the tenant fails to comply.

Immigration Law

• Citizenship and Naturalization
• Work Visas
  Immigration and Nationality Law: Such matters focus on the acquisition and retention of employment credentials for executives, professionals and other skilled foreign workers. The would-be workers have to go through the application process, administrative hearings and every other stage of securing temporary and permanent work visas. Once the visas are granted, the workers’ need to comply with their employment authorization and finalize the verification process.

Health Law

• Personal Injury
  Serious Injuries and Accidents: If you have been injured through the carelessness, negligence or irresponsible behavior of another individual or organization, you probably have a valid personal injury claim. Since most of the time you will suffer some form of loss, you have a claim arising from injuries sustained as a result of the use or operation of motor vehicles, including claims against the at-fault motorist & uninsured motorist claims.
• Medical Malpractice
  Medical Malpractice: Medical malpractice disputes involve injuries caused by a medical practitioner acting in a negligent manner by falling below the standards of his or her profession when treating a medical condition.
• Auto Accidents
• Medicaid Planning
  Elder Law: Elder Law is a relatively new specialized field of law that deals with the issues faced by the fastest growing segment of the U.S. population, the elderly. This area of law combines elements of Estate Planning, Wills and Trusts, Conservatorship (also called Guardianship), Health Care Planning, Medicare/Medicaid Planning, and Elder Rights.
• Dog Bites
  People who are injured by an animal while on the owner's property are generally unable to recover if they are trespassing at the time of the attack. In many states, in order to successfully bring suit under a dog bite statute, the injured person must show that he or she was lawfully in the place where the injury occurred. If injured person was a trespasser at the time of the attack, the animal's owner may not be liability for injuries caused by his or her animal. If, for example, someone jumps over a fence into an enclosed junkyard with “Beware of Dog” warnings posted and taunts the German shepherd guard dog with a stick, the junkyard owner may not be liable if the dog bites the trespasser.

Trusts and Estates

• Estate Planning
  For estate planning and tax implications, a Revocable Trust typically includes the grantor’s assets in the taxable estate. Since the grantor retains control over the assets, they can still be accessed by creditors and are subject to estate taxes upon the grantor’s death.
• Wills
  Will Contests: Grounds for Court Contest of Last Will & Testament includes circumstances where the Last Will & Testament didn’t have the proper legal formalities, the Testator or Testatrix of the Last Will & Testament lacked mental capacity (i.e., was senile or suffering from dementia), the Testator or Testatrix of the Last Will & Testament were under undue influence of another person, self dealing, fraud or excessive compensation.
• Trusts
  OUR GOAL—YOUR Complete Satisfaction and Understanding Our goal is to provide each of our clients with as much information as possible about Asset Protection, Trusts and Wills. As you will see as you review the following material, there is a lot of information to digest and consider. Many legal aspects may be complex and confusing. We want you to know we are available to speak with you about any legal aspects of Asset Protection, Trusts and Wills at your convenience either over the telephone or in person at the Spiegel and Utrera, P.A., office nearest you. What do some of these terms mean? Click here for a Glossary. For answers to Frequently Asked Questions (FAQs) about Asset Protection, Trusts and Wills. Click here for FAQs.
• Power of Attorney
  The Durable Power of Attorney is a document you will keep in your possession and under your control, but you will tell your spouse and/or child that there is a Durable Power of Attorney authorizing them to act if you are alive, but incapacitated.
• Probate

Finance Law

• Bankruptcy
  Creditor Rights and Bankruptcy Litigation: Creditor Rights and Bankruptcy litigation involves insolvency and the discharge and payment of debts and creditor disputes regarding such discharge and priority of creditor claims.
• Foreclosure
  Foreclosure: This litigation relates to the legal proceeding in which a mortgagee, usually the lender to the purchaser of real estate, obtains a court-ordered termination of the mortgagor’s (usually the purchaser of the real estate) equitable right of redemption (right to purchase the real estate). Usually the lender obtains a security interest from the borrower/mortgagor who mortgages or pledges an asset like a house to secure the loan.
• Tax Law
  Material presented on AmeriLawyer.com is intended for information purposes only. It is not intended as professional advice and should not be construed as such. The U.S. Treasury Department requires us to inform you than any information obtained from this website is not intended or written by our law firm to be used, and cannot be used by any taxpayer, for the purpose of avoiding any penalties that may be imposed under the Internal Revenue Code. Advice from our firm relating to Federal tax matters may not be used in promoting, marketing or recommending any entity, investment plan or arrangement to any taxpayer.