Breach Delivery & Contracts

Contracts are made to be broken.  In some cases, you are better off to go through with the contract than to back out, but not always, depending on the circumstances.  “Breach” is not necessarily a bad word. Contracts are terminated in three ways: 1. They are completed. 2. They are breached by one party. 3. They are breached by both parties. If you have done your due diligence ahead of time, then you know how to terminate the contract without breach, and what the consequences are if it is breached.  The contract specifies the remedies to breach of contract. Know what the terms are if you back out when you go in.  If you are unsure of the results in the various scenarios, consult competent legal counsel.  As an attorney, I would rather get paid for conflict NOT to happen later. Furthermore, if you are wondering who reads the fine print of a contract, the answer is that lawyers always do. Read More

People’s Law School Today: ‘How Can You Avoid the Need for Guardianship?’

You do not have to have a law degree to make it through a legal process, but sound legal advice could be beneficial to the outcome…and good legal advice can be free-er than you think.  Check out the People’s Law School presentation, “How Can You Avoid the Need for Guardianship?” today at 4:00 p.m. at the Southeast Branch Library.  This FREE legal class is open to all and presented by St. Johns Legal Aid. For information on Legal Aid, visit http://www.jaxlegalaid.org/stjohns.html.   Read More

Where Does the Money Go? Make A Budget

Just because you qualify for a loan does not mean you can afford it.  A budget is useful in all kinds of situations from bankruptcy to short sales…and prior to finatural disasters.  The State of Florida offers a variety of financial calculators to avoid money meltdowns at http://www.myfloridacfo.com/YMM/Calculators/default.aspx —everything from budgeting for a baby to debt consolidation and retirement planning.  These free online calculators can help you set your goals…and pay for them. If money trouble gives way to legal trouble (or is about to), talk to an attorney to help you find your balance.  Happy home economics! Read More

Sense of Justice

Sense of Justice According to comedienne, Tina Fey, “Nothing is scarier, by the way, than a bunch of adults being very quiet.”  That is a panel of justices for you, or a jury, or just a judge with a seething silence.  The courtroom tends to be a quiet place:  the serene halls of justice upheld by an armed guy who will shoot you if you get rowdy. You can always represent yourself in court; however, there are many nuances and complexities of law, as well as updates which help keep our justice system an evolutionary part of American government.  These are good reasons to have good representation whether you enter a court of law as a plaintiff or a defendant.  An attorney can help guide you through the legal process, review the possible outcomes, and prepare your case for the best benefit to you. Plus a panel of justices can be a tough audience to play to.   Read More

Pay No Attention to the Man Behind the Curtain – Jury Duty

Never mind about me; look at the merits of the case—that is the admonition to the jury.  It does not matter whether my hair is crooked and my jacket smells of milk, do not base your decision on me or any other attorney in a court case; instead, think about what was presented in the trial.  Base your verdict on the evidence and on the judge’s instruction as to the law. Listen to every question and every answer.  Do not decide anything about my client based on how good my tie looks.  You are not in Kansas anymore; you are in the jury box and your job is to be impartial.  The integrity of my shirt collar should not sway your opinion of my client. There is no wizard in justice…there is you.  As a juror, you decide.  Use your brains, your heart, and your courage to weigh the evidence and to bring a peer to justice.  Thank you for serving. Read More

Mayday!

Since 1923, the term ‘mayday’ has been a distress signal from a French phrase that means come and help me.  In 1958, President Eisenhower established May 1st (May Day) as Law Day in the United States.  Most people do not call a lawyer until they are in distress, so the date stuck. Unless you are a legal professional, you may not recognize the nuances of the law, some of which could work against you (and some of which could work for you).  Depending on the case, attorney involvement can avoid or reduce adverse effects of a problem, and may cause a situation to be less costly.  Furthermore, good legal advice may be more readily available than you realize and less expensive than you anticipated. Sources of competent legal advice may include: 1. Legal Aid.  Visit the Legal Aid office for your area.  Even if you do not qualify for their help, they have information pamphlets which may be useful.  You can find out more online at http://www.jaxlegalaid.org/stjohns.html 2. Contact an Attorney.  An initial consultation is sometimes free of charge or at a low fee, depending on the matter. 3. Interactive Media.  Forums such as this website offer dialogue opportunities where […] Read More

Free Class on Financial Matters & Nursing Home Care

Financial adjustment can be a challenge when a husband or wife enters a nursing care facility.  St. Johns Legal Aid presents “Spouse In a Nursing Home…Do You Have to Go Broke?” today at 4:00 p.m. at the Southeast Branch Library.  This FREE one hour legal course is part of the People’s Law School and open to the public. Read More

Legal Problems Big & Little

Forty-four cents is not a bad deal.  If you can solve a problem with a postage stamp, that is a lot less expensive than delivery by Process Server. Sometimes that is all it takes—something simple like a letter or just to have an attorney show up—to stop the necessity for further action.  If you start with the simple attempts you may be able to avoid the more complicated (and expensive) tries. In some legal problems, the earlier you address the matter properly, the more choices you have available to you.  Often the longer you wait, the larger the problem becomes, the fewer options you have to resolve it, and the more it is going to cost you.  If you seek legal counsel early on, you may be able to aim towards a better case scenario (rather than the most expensive outcome). A letter is a lot cheaper than a lawsuit.  You may want to talk to an attorney to try to “stamp out” a problem before it becomes part of a legal procedure. Read More

YouTube Contest for High School Students

Go viral and be proud!  The Florida Bar is running a YouTube contest for high school students.  The video entries only need to be 2 to 4 minutes long and students can choose from a variety of topics discussed in the Legal Guide for New Adults (available online at http://www.floridabar.org/tfb/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/34557641d4c2f7c885256b2f006c5753?OpenDocument).  The contest deadline is April 20th, so get rolling! For more details and contest entry forms, go to http://www.floridabar.org/lrecyoutube.  Break a leg…not the law!   Read More