Tagged: Joe Gufford Lawyer

Why Must a Corporation be represented by an attorney as opposed to being represented by the Owner of the Corporation?

 

 

 

  1. Although many of us treat our small corporations as being synonomys with ourselves, corporations are actually a form of a “fictitious entity”. So, corporations are treated as a separate person under the law. Therefore, since they are a separate person under the law, they can only be represented by an attorney. While you can represent yourself in your individual capacity, as any of us have the right to do, a corporation must be represented by an attorney. To do otherwise would be akin to you representing your neighbor in a legal matter, i.e. practicing law without a license. 

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Florida Alimony law- Modification of Alimony

Many people who are paying alimony are disheartened over the recent failure of  Governor Scott’s  veto of  Florida Senate Bill 718. “Permanent alimony”  is typically not permanent. It is modifiable or terminable  based upon a substantial change in circumstances. However,  keep in mind that existing Florida statutory law  as well as  the case law interpreting the same provides for modification and termination of alimony on a number of grounds. If you have suffered a loss of income or you have greater necessary expenses, or,  the receiving former spouse has a greater income or lesser financial needs, you might want to consider a modification action.  The statutory principles for determining alimony are found in Fla. Stat. 61.08. I’ve added a link for that. Also,  the receiving former spouse may be living in a mutually supportive relationship.  Thus, the provisions of  Fla. Stat. 61.14 may apply.  Check out Fla. Stat. 61.08 and 61.14 at the following links:

  1. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String&URL=0000-0099/0061/Sections/0061.08.html 
  2. http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=61.14&URL=0000-0099/0061/Sections/0061.14.html

How to Find a Good Family Law Lawyer

Finding a Family Lawyer

Finding a good family lawyer is a complicated task. To make it easier for you, we asked Joseph Gufford, a Florida-based family lawyer to offer guidance. With more than 20 years’ experience, Joseph Gufford has handled numerous cases involving such matters as civil litigation, personal injury, and family law.

Mr. Gufford offered the following tips:

1. Tap your network: Personal recommendations work best for locating a lawyer right for your family. Find a friend, relative, or acquaintance who knows or has dealt with a family attorney. You can also use online social networks or lawyer-rating services to find an attorney who suits your budget and criteria.

2. Family law cases are not your typical run-of-the-mill cases: Because of the sensitive nature of such cases, family lawyers need to be experienced, trustworthy, and skillful. Make sure that the recommended lawyer understands your situation thoroughly.

3. Talk to your attorney: Mr. Gufford recommends getting to know your lawyer to develop a comfortable working relationship. According to Joseph Gufford, one of the surest ways to get to know your family attorney is to conduct a preliminary interview with him or her. Explain your case and circumstances. See if the attorney asks intelligent questions and seems genuinely interested in your case. If he or she seems disinterested or evasive, then it is best not to continue with that lawyer.

4. Minmize Exposure  while your are looking for an Attorney: Avoid conflict  with the opposing party and do not let the other party know you are seeking the services of an attorney.  Many times people get into problems with  their spouse/significant other that results in domestic violence situations, criminal charges, domestic violence injunctions, the moving or hiding of assets and the moving or hiding of children. If there is a domestic violence injunction in place, whether temporary or permanent,  do not contact the other part via any means, including contact through 3rd parties. If there is a situation involving law enforcement, try not to be angry or upset. Do not use vulgar profanities or engage in name calling. Do not make unnecessary threats. Do not destroy or deface property or clothing. Do not threaten to hurt the other party’s pets.

5.  Avoid Price Shopping and Entering into Bad Deals at Mediation– Picking a lawyer to represent you is not like like buying a pair of shoes at the mall, where you look at different stores and then buy the cheapest shoes available.  Many people view the picking of a lawyer as  getting oil in their car changed., i.e. the cheapest and most convenient place available. Many inexperienced attorneys charge bargain basement  retainers in order to get your business.  Unfortunately, big mistakes are often made by inexpereienced cousel that will cost you thouands of dollars to correct.  Doing it right the first time is of utmost importance. Choosing a lawyer with good negotiation and mediation skills is very important. 70-80% of all cases are resolved at mediation, which is a good thing.  Do not take the attitude at mediation that it is  “my way or the highway”. Most cases should be resolved at mediation.  Beware of advice at mediation to sign a bad deal with the promise that “we can just fix this later through a modification action”.   Be advised that many issues cannot be fixed through a modification action, especially equitable distribution issues. In child custody, child support and alimony situations, you have to show a substantial change in circumstances  that occured since the entry of the final judgment.  Thus, you may have a spouse that has been charged with a felony crime or a long history of mental illness. If you enter into a bad deal, this history may not be admissible in a modification action because it will be deemed to be “res judicata”.  http://en.wikipedia.org/wiki/Res_judicata

Two things to know about child custody cases

Child custody cases can be messy and difficult. At such moments, taking care of trivial and routine tasks can be overwhelming. We asked Joseph Gufford, a lawyer experienced in such cases, to provide us with helpful tips regarding custody cases. Joseph Gufford III, based in Florida, came up with the following two critical pieces of information that can help make things easier for you and your attorney.

1. Know the types of custody: Broadly speaking, there are two types of custody in Florida. “Sole Parental Responsibility” places a single parent in charge of important decisions in a child’s life. On the other hand, “Shared Parental Responsibility” means that both parents are equally accountable for the child’s welfare and must confer on all major decisions. In Florida, most people have shared parental responsibility. This is somewhat akin to what other states refer to as “Joint Custody”. However, regardless of which type of custody the court orders, there will also be a Parenting Plan that will determine the timing of “timehsharing”, i.e “visitation” with the child.

In order to get sole parental responsibility, you must meet the heavy burden of showing that “shared parental responsibility” would be detrimental to the best interests of the child.

2. Know the information required: It is important to disclose all aspects of the case to your lawyer to avoid unpleasant surprises during the trial. In addition to the child’s details, it is important to provide your lawyer with other, important information such as your partner’s details and additional cases involving the child.

Finding a Family Lawyer

Finding a good family lawyer is a complicated task. To make it easier for you, we asked Joseph Gufford, a Florida-based family lawyer to offer guidance. With more than 20 years’ experience, Joseph Gufford has handled numerous cases involving such matters as civil litigation, personal injury, and family law.

Mr. Gufford offered the following tips:

1. Tap your network: Personal recommendations work best for locating a lawyer right for your family. Find a friend, relative, or acquaintance who knows or has dealt with a family attorney. You can also use online social networks or lawyer-rating services to find an attorney who suits your budget and criteria.

2. Family law cases are not your typical run-of-the-mill cases: Because of the sensitive nature of such cases, family lawyers need to be experienced, trustworthy, and skillful. Make sure that the recommended lawyer understands your situation thoroughly.

3. Talk to your attorney: Mr. Gufford recommends getting to know your lawyer to develop a comfortable working relationship. According to Joseph Gufford, one of the surest ways to get to know your family attorney is to conduct a preliminary interview with him or her. Explain your case and circumstances. See if the attorney asks intelligent questions and seems genuinely interested in your case. If he or she seems disinterested or evasive, then it is best not to continue with that lawyer.

4. Minmize Exposure  while your are looking for an Attorney: Avoid conflict  with the opposing party and do not let the other party know you are seeking the services of an attorney.  Many times people get into problems with  their spouse/significant other that results in domestic violence situations, criminal charges, domestic violence injunctions, the moving or hiding of assets and the moving or hiding of children. If there is a domestic violence injunction in place, whether temporary or permanent,  do not contact the other part via any means, including contact through 3rd parties. If there is a situation involving law enforcement, try not to be angry or upset. Do not use vulgar profanities or engage in name calling. Do not make unnecessary threats. Do not destroy or deface property or clothing. Do not threaten to hurt the other party’s pets.

5.  Avoid Price Shopping and Entering into Bad Deals at Mediation– Picking a lawyer to represent you is not like like buying a pair of shoes at the mall, where you look at different stores and then buy the cheapest shoes available.  Many people view the picking of a lawyer as  getting oil in their car changed., i.e. the cheapest and most convenient place available. Many inexperienced attorneys charge bargain basement  retainers in order to get your business.  Unfortunately, big mistakes are often made by inexpereienced cousel that will cost you thouands of dollars to correct.  Doing it right the first time is of utmost importance. Choosing a lawyer with good negotiation and mediation skills is very important. 70-80% of all cases are resolved at mediation, which is a good thing.  Do not take the attitude at mediation that it is  “my way or the highway”. Most cases should be resolved at mediation.  Beware of advice at mediation to sign a bad deal with the promise that “we can just fix this later through a modification action”.   Be advised that many issues cannot be fixed through a modification action, especially equitable distribution issues. In child custody, child support and alimony situations, you have to show a substantial change in circumstances  that occured since the entry of the final judgment.  Thus, you may have a spouse that has been charged with a felony crime or a long history of mental illness. If you enter into a bad deal, this history may not be admissible in a modification action because it will be deemed to be “res judicata”.  http://en.wikipedia.org/wiki/Res_judicata

I was charged with domestic battery in Jensen Beach Florida, my first time in trouble ever.

QUESTION:

my mom died Oct 7th 2012, my boyfriend said i abandoned my stuff and he was going to throw it out. I flew down here from NY to get my things. He would not give me one of my Moms towels and other things, he pushed me and i lost my temper and started to throw things at him out side the house., he call 911 and he had scratches so I was arrested. I have an 80 yr old Dad at home and Cancer doctors I need to see in Dec. and Jan. I have moved to port st lucie and have no contact with this person, although he has kept my tv and my internet service which is in my name.

Additional information

he has threatened me and my family on numerous occassion. I need to be able to go back and forth to NY for my doctors and I also have a phyciatrist I see at least once a month and has all the information about this relationship for the last 3 yrs….he has been arrested in NY for domestic violence on me twice. I dont want to cause any more problems for me. I never want to see or speak to him ever again, in this lifetime or even the next. I need help and dont want to lose my ss disability income. I can not work, I have had several surgeries and cant work. I hope you can somehow help me.

ANSWER: By Joe Gufford
 It is absolutely imperative that you retain the services of a qualified criminal defense lawyer as soon as possible. We will need to subpoena the records from the previous actions in NY so they can be presented to the Court. Certified copies of the orders are essential so that we can chip away at your boyfriend’s credibility. Here are some important things to remember about Domestic Violence charges.
Consulting a lawyer is important so that you are made fully aware of your rights, as well as your obligations, under Florida state criminal laws. Violating the terms of a restraining order, intentionally or unintentionally, will just add complications to your domestic violence case. Inexperience or a lack of knowledge are not valid defenses in Florida. Having an attorney advise you on the specifics of your restraining order is invaluable. It is also important to remember that many domestic violence charges arise from ongoing divorce/custody issues. The skilled attorneys at Gufford & Brandt have experience handling cases where criminal and family law issues overlap.
The consequences for a domestic battery, aggravated domestic assault, or child abduction conviction are severe. Aside from having rights as a parent limited or terminated, you may face large fines and prison time. A conviction also strengthens the possibility that a restraining order or injunction will be permanently imposed upon you.A plea to a charge of domestic battery or a violation of a domestic violence injunction can never be expunged or sealed. This type of conviction will remain on your record forever and be visible to potential employers, landlords, or any other person seeking your background information.

There are defenses available. In our experience, we have seen situations where police officers are called as leverage during an intense argument. The caller may have had no actual intention of filing charges against their spouse. Regardless of whether or not the alleged victim wishes to pursue legal action, charges may still be filed; once charges have been filed, it is no longer at the discretion of the accuser to drop charges. An empty threat during a fight between a husband and wife can quickly develop into false charges of verbal or physical spousal abuse. In such cases, an experienced domestic violence attorney at our firm can begin the negotiation and litigation process with prosecutors to seek the dropping or reduction of charges.