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1217

Fort Lauderdale Civil Law Attorney, Kim Douglas Sherman, Esq. tells “ HOW TO HIRE A LAWYER”, good advice from a Fort Lauderdale Civil Lawyer.

Fort Lauderdale Family Attorney

     If you want to get the most lawyering for your money, read on.  Your first step should be to identify your problem and legal needs.  Do you need a will?  Does someone owe you money?  Maybe the company you hired will not finish the job? Make a list of your questions and prepare to get some answers.

     You should be looking for a lawyer with local knowledge, who knows the judges, experts, and the way it gets done where you need it done.  Your best source of referrals is your friends or business associates–people whose opinions you trust.  Check with the county bar association for a professional referral network. Read more
1217

Fort Lauderdale Civil Law Attorney, Kim Douglas Sherman, says: “It is Important to Understand when to contact an attorney”

Fort Lauderdale Family Attorney

“Civil Law” is used to refer to all legal matters that are not criminal law.  There are many types of Civil Law which you should know about.

If your issue has to do with money or reparations for damages caused – that is the domain of civil lawyers.  They taught in law school that out of contracts and out of torts–that is civil law.  “Torts” are breaches of non-contractual rights.  A simple example of a tort is when someone breaches their duty to drive with due care, and crashes into the back of your car. Read more

0921

Fort Lauderdale Collaborative Law Attorney, Kim Douglas Sherman, says: “The difference is all about the attorneys.”

Fort Lauderdale Family Attorney

“Yes,” you want a mature, peaceful parting.  Lucky for you, your spouse wants the same, but you have some differences on the resolutions of child rearing and child sharing, and the division of properties and debts.  You do not want the attorneys adding to the problems, making things more adversarial–taking aggressive positions as a way of impressing the parties with their knowledge and skill. The Collaborative Family Lawyer, Mr. Sherman points out, is pledged to an out-of-court resolution The Collaborative Family Lawyers sign a contract with the parties that restricts the lawyers from being the court lawyers if the collaboration should fail. The family gets two lawyers trained to collaborate as the alternative to litigate. .Read more

0825

Fort Lauderdale Collaborative Law Attorney, Kim Douglas Sherman, reports that The Collaborative Law Approach solved disputes over an adult child.

Fort Lauderdale Family Attorney

Recently, I had a couple seeking a divorce and wanting to handle their disputes using the Collaborative Law Approach.  Simply put, “Collaborative Family Law” is an effective, pre-lawsuit team effort to resolve family law issues where the attorneys and spouses agree that the lawyers will not litigate, and the lawyers and other engaged professionals (mental health & financial) are trained to work together to solve the problems raised by the dissolution.They had been married about thirty years and both had careers that had generated savings in addition to paying for a nice lifestyle.  The wife had a service business with substantial cash and the husband had a furniture business with both cash and inventory.  They owned a commercial building, a home, and a  ..Read more

0422

Fort Lauderdale Real Estate Attorney, Kim Douglas Sherman says: “Same sex marriages requires protection of both spouses’ Homestead rights.

Fort Lauderdale Family AttorneyEven though a home may be titled in the sole name of one spouse, the Florida Constitution protects the interest of the spouse who is not on the title to remain living in the home.  This may be a new concept to those lawfully wedded couples of the same sex.  I was recently retained to obtain a divorce for a couple of the same sex.  My client was selling her home, and her estranged spouse was required to provide an affidavit that the property was not her “homestead;” that she resided elsewhere.  The same client was purchasing a new home and obtaining a purchase money mortgage.Her estranged spouse is going to have to sign on the new mortgage, even though she is not going to be living in the new home and will not be named on the title.  The reason for both is the spousal right of Homestead protected in Article X, ..Read more
0324

Fort Lauderdale Probate Lawyer, Kim Douglas Sherman answers your questions about: “What is a valid Will in Florida?”

Fort Lauderdale Family Attorney

No particular form of words is necessary to the validity of a will IF it is executed with the formalities required by law.  There are provisions in the statute for persons who cannot physically sign the will.  Take advantage and be aware that there is a statute that will allow the will to be self-proving, and therefore admissible in the Probate Court without having a sworn statement submitted by a witness to the signing of the will.

As I said in one of my prior blogs, based upon over forty years of experience as a probate attorney, take my suggestions regarding wills. Make a will, no matter what your age It is the surest way to assure that those who are important to you receive your bounty.  Use a lawyer to write your will; it is not expensive. Use a lawyer to oversee the signing of your will, ..Read more
0323

Fort Lauderdale Real Estate Attorney, Kim Douglas Sherman says: “If you are buying real estate with someone, other than your spouse, have a written partnership agreement.

Fort Lauderdale Family Attorney

When my clients are contemplating purchasing commercial or residential real property with another person who is not their spouse, there are many important issues for them to consider.  This blog will touch on some of the most important matters to be considered BEFORE PURCHASE.  When real estate transactions involve thousands of dollars, having a lawyer involved–before you sign any contract–is the smart decision to make.Read more

0218

Fort Lauderdale Civil Trial Attorney, Kim Douglas Sherman teaches civics class.

Fort Lauderdale Family Attorney

Recently, as one of the Florida Lawyers participating in the Florida Supreme Court, Justice Teaching Program, I was invited to teach a civics class to students in fifth grade through high school.  The class was presented with a lesson called, “The Invaders.”  It is brilliantly designed to immerse the students in current issues and their relationship to the United States Constitution.

Based upon the lesson plan and my forty years of experience as a trial lawyer, I presented and discussed the first ten amendments to the U.S. Constitution, called “The Bill of Rights.”...Read more

0818

Fort Lauderdale Real Estate Attorney, Kim Douglas Sherman says: “Beware of the ‘Standard’ Contract!”

Fort Lauderdale Real Estate Lawyer

I am often asked to review contracts for the sale of residential real estate–homes, condominiums, and cooperative units.  There are many forms of contracts in use, but beware of the contracts that are called “standard contracts.”  Just because a contract is printed, from a computer or otherwise, does not mean that its terms are required or applicable to your transaction.  Many times there are conflicting terms that can cause your contract to be unclear and to be unenforceable.  If you want...Read more

0722

Fort Lauderdale wills attorney, Kim Douglas Sherman says: “A Power of Attorney cannot be used after the person has died.”

Fort Lauderdale Family Attorney

his week I was contacted by a former client who presented a serious legal problem.  She had been living with her special friend, in the home that was in the friend’s sole name.  The friend had made a will leaving everything to my client.  Suddenly, the friend was stricken by a life-ending illness and was not expected to survive more than two days.  The friend was comatose and unable to act for himself. My client was distraught and more so, because she was afraid that creditors of the dying...Read more

0714

Fort Lauderdale Area Divorce Attorney Kim Douglas Sherman says: “Look out for the Moving Target.”

Fort Lauderdale Family Attorney

This past week I spent a considerable amount of time in an effort to help my client to see that there was not going to be any winning through the court system.  She was emotionally drained and physically ill from years of disputes with her former husband.  What became clear, from our point of view, was that the cost of the litigation was going to eat up and exceed the very best outcome which the Court would decree.  To her credit, my client...Read more

0604

Fort Lauderdale civil law attorney, Kim Douglas Sherman, says: "It is Important to Understand and Use Evidence."

Fort Lauderdale Family Attorney

“Evidence” is all the means by which any alleged matter of fact, the truth of which is submitted to investigation, is established or disproved. Having practiced for over forty years as a Civil Law Attorney, I recommend that there are several types of evidence, which you should know about.

 “Oral evidence” is when someone is speaking about the matter to be decided.  If the person testifying does not have personal... Read more

0422

Fort Lauderdale Area Family Lawyer Kim Douglas Sherman says: “We have to look at the Big Picture.”

Fort Lauderdale Family Attorney

We need to get along. I spent a whole day in trial recently so that a mother could vent her frustration with the children’s father.  She wanted to take away the father’s overnights with the children and she wanted to be the sole decision maker for the children’s major decisions.The Judge concluded that she was the best parent of the two, but that was not enough to modify the shared parenting that had previously been ordered in the case... Read more

0513

Fort Lauderdale Probate Lawyer, Kim Douglas Sherman asks: “Where is the Will?”

wills and trusts attorney Fort Lauderdale

Recently, I was asked to serve as a personal representative [it used to be called “executor”] of a twelve million dollar estate.  The lady had died in a nursing home and had made a will that in large part was to benefit a religious organization and a good friend. There was no doubt that she had made the... Read more



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