So the California Supreme Court upheld marriage as a fundamental right for "all couples" in California! All couples means ALL couples, regardless of gender. Now same-sex marriages, which started in May 2008 are 100% safe in California. OR ARE THEY ?

In November 2008, the California Congress passed Proposition 8 in the Defense of Marriage Act. This defined marriage as between a man and a woman. Doesn't this effectively overturn the California Supreme Court’s decision?

Maybe the US Supreme Court will give us the answer. This month the Supreme Supremes heard oral arguments in U.S. v. Windsor, which is the case concerning the validity of the Defense of Marriage Act (“DOMA”). DOMA provides that only a marriage between a man and a woman will be recognized by the federal government -- That means Medicare, Social Security and IRS, among others. In Windsor, two married women had a question when one died had the "marriage" was not recognized for purposes of the federal estate tax marital deduction. This caused the surviving " spouse" a higher tax burden when inheriting the estate.
The case has far-reaching implications for same-sex couples.

I give no opinion or endorsement to the Supremes here. The case is a real coin toss. But I would bet in this: they won't make a decision based on any "moral" basis. Rather they will either come down on States rights or on the Congress's right to take authority over the issue. Interesting felines for conservatives who I am sure are loathe to strike the DOMA.
States that recognize same-sex marriages could give federal recognition, which would mean that tax and estate planning is the same for both traditional and non-traditional married couples.
States that do not allow for same-sex marriage could face a constitutional right for same-sex couples to marry!
This is one of the most interesting and far reaching decisions of the year. I'm excited to hear its resolution.

In a recent meeting between potential husband and wife I encountered a number of questions that prompted this short discussion on prenuptial agreements. Although these types of agreements can be uncomfortable and sometimes even embarrassing to draft, they are nonetheless a great idea in the right situation. These are extremely sensitive matters that need to be handled delicately, and by the right team of attorneys.

At first look, one may argue that the prenuptial agreement is simply a matter for a family law attorney. However, on a second glance it becomes clear this is a multi-practice endeavor. Let me explain and I think you will be persuaded.

First, we all can see why a Family Law attorney would be the initial choice to draft this agreement. The Florida Statutes addressing prenuptial agreements, alimony, asset distribution, and child support and custody are all issues that are traditionally dealt with by Family Lawyers.

Second, an Estate Planning attorney must be consulted while drafting a prenuptial agreement. A lawyer familiar with probate, elective share and spousal rights is crucial to drafting this document properly. Also, it will not hurt that the Estate Planner will have a good working knowledge of retirement plans and other investments. More likely than not, the couple’s financial advisor will also be a necessary component of the team.

Lastly, isn’t a prenuptial agreement essentially, just a contract between two individuals. Contract Law is therefore prevalent in determining whether the agreement is enforceable. Both parties must agree to all the terms and conditions and there must be the basic contract formalities of an offer, and acceptance and consideration. Also, contracts made under duress/coercion are generally unenforceable as well. This, in some cases, is very easy to prove in a prenup case.

In conclusion, it is best to attack the drafting of a prenuptial agreement utilizing the expertise of attorneys and even non-legal professionals of multiple disciplines. Employing all the experts will help ensure the client’s objectives are achieved as planned.

The same bill in the Florida legislature that seeks to do away with permanent alimony is also trying to mandate equal time-sharing/custody as the presumed norm instead of the historic exception to the rule. Given the current formula used to calculate child support, such provisions would significantly reduce child support in most cases. I think most parents would hail this bill as a good thing, but few would realize the ramifications of being a 50-50 parent when operating two households and two budgets. Economically speaking, unless both parents are fairly well-off, this proposal will definitely affect both parents, but if both parents are actually splitting time-sharing and expenses 50-50, then perhaps it is a good thing. Only time will tell if this proposal makes it through the Florida legislature. There are large grassroots campaigns established by both sides espousing the wisdom and evil of the proposal. As a parent and longtime family law lawyer, I have conflicting thoughts on this proposal. Only time will tell as to whether these proposals will pass and, if they do, whether they will work.

The Florida Legislature, comprised of quite a few lawyers and/or middle-aged men who pay alimony, is in the process of trying to change Florida's alimony laws. A recent bill working its way through the system would completely abolish permanent alimony, limit alimony to 50% of the duration of the marriage, and severely restrict Judges’ discretion on how to tailor such awards to each specific case. Permanent alimony is a rare thing in divorce court. However, the sponsors of this change seem to think that they are curing an evil that no one recognizes exists. The way this bill is written, it will probably be declared unconstitutional as it provides an avenue for someone who agreed to pay non-modifiable alimony to seek a modification. The bill also allows for splitting up cases so that the divorce order can be entered first and then subsequent hearings will occur to tidy things up.

Big mistake! Allowing litigants to conduct piecemeal hearings will only cause more expense and clog up an already overburdened system. Under the language proposed, parents could push through their actual divorce and worry about the children and child support later. Does this sound strange? It certainly does to me, as the legislature ought to be focusing on getting children issues resolved first and then let the parents battle it out.

A South Florida Federal Judge recently held order to show cause hearings in regards to the litigation tactics of a local professional plaintiff ADA lawyer. It seems Judge Zloch had finally had enough of the litigiousness and aberrant behavior of one of South Florida's most prolific ADA lawyers. Examples of the behavior include demanding over 25 hours worth of compensation yet only having less than 10 hours of billable time, lack of candor to the court, lack of candor to opposing counsel, and filing or pursuing matters that were deemed to be frivolous.

A study that was done years ago revealed that the largest groups of cases filed in federal court are ADA cases, driven by the almost automatic attorneys’ fee provisions when these cases are successful or even establish one demonisms non-ADA compliant conditions. With the advent of the United States Supreme Court case of Buckhannon vs. West Virginia School Board, many thought that these professional plaintiff lawsuits would go away or be substantially reduced. Unfortunately, that has not been the case. However, Buckhannon requires plaintiffs to actually obtain a successful decision or agree to a consent decree which always provides for attorneys fees. By forcing these plaintiffs to prove their case in court, many businesses and property owners can win the battle but lose the war.

Federal court litigation is extremely expensive and most of these lawyers know it. LaBovick Law Group has a division dedicated to the defense against these cases. Attorney Joseph R. Fields, Jr., Esq. has been successfully defending these cases for the past 15 years. He is the only attorney to have testified in United States Congressional hearings regarding the abuses of the ADA perpetrated by these groups and their attorneys. To review his testimony before Congress, please go to the website LaBovick.com and click on the ADA defense link. Mr. Fields and his staff are available for consultation in regards to defense of these cases. There are many tactics that can be used in order to significantly reduce the overall exposure that a business or property owner might have.

Recently it was announced that a major insurance company has settled a lawsuit against some local doctors for fraud involving certain surgical procedures that were over inflated in price. It is rumored that the doctors will be paying the company upwards of $20 million for their misdeeds. Evidently, the doctors in conjunction with some local unscrupulous personal injury attorneys, concocted a plan whereby the doctors would receive a portion of the settlement, and in exchange they would perform an arguably unnecessary non-invasive percutaneous discectomy procedure on the patients/ clients. Thereafter, the doctors would seek upwards of $35,000 per procedure. It should be noted that each procedure lasted approximately 20 minutes and was noninvasive.

The lawsuit was a result of several years of investigations from collective insurance companies. It is now been revealed that the same doctors have paid other insurance companies in similar threatened litigation. I'm sure that what the doctors had to pay back the insurance companies is a drop in the bucket to what they have made over the years involved in this racket.

This is the kind of situation that gives honest, hard-working, ethical lawyers and doctors a bad name. The personal injury arena has become rife with law firms that use runners, distasteful advertising and promises that could never be delivered. The litigation practice, when I first became an attorney, was an honorable one. I am proud to be a lawyer, and I am proud to serve my clients ethically, professionally and competently. We are able to stay in business because of our reputation as hard-working good lawyers. A significant sum of our business comes from a referral sources that are happy with the work that we have done in the past. Additionally, we are referred cases from other members of the community who know our reputation and respect us. Nevertheless, we find ourselves fighting a never-ending and perhaps losing war against the unscrupulous few who have taken so much from so many to the benefit of themselves.

Just when the Florida Bar Association and legislation could have done something by tightening the solicitation rules, they have broadened the rules to include testimonials by former clients and non-party spokespersons.

Notwithstanding, it is my belief that there will always be a place in the practice of law for ethical, honest and hard-working lawyers like those at our law firm. I am still proud of what we do and especially within the confines of our firm.

One of the more difficult types of applications for Social Security Disability comes from small business owners. Often times they call our office and have a fairly typical situation. Joe the small business man was doing well supporting himself and his family. He has had the business for sometimes 20 plus years. Then Joe is diagnosed with a disease, depression, bipolar, lupas, or neuropathy. All of a sudden Joe’s business declines. Joe does not close his business but instead just watches it shrink, a business that may have afforded Joe $100,000 per year in profits before his illness is now only earning $5,000 a year.

This can happen to a small business person because once they stop marketing for new business, or if they are unable to service existing clients, their business dries up. The hard part of these cases is that many small business owners keep the shop open and essentially work for free. In these cases it is important for the small business owner to speak with a Social Security attorney early on. The attorney will be able to evaluate your claim and craft an application and appeal to the Social Security Administration that conveys that your business declined due to illness, and therefore disability, not because of the economy.

Not long ago, I was contemplating a career change that had been a dream of mine since I was a child. I wanted to be an attorney. But at 39 years old, raising two children, working a full-time job and the nearest law school over 75 miles from my home, I asked, “Is this goal realistic?”
After deciding it was not too late to pursue my law degree, the reality of the financial burden of law school was confronted. To pursue that degree as a working adult, I would not only need to find time, but financial resources as well. The following ideas will aid your quest for financial aid for education.
The first option I recommend is discerning whether you qualify for any grants or scholarships. This type of financial aid need not be repaid and can be quite lucrative. Both federal and state scholarships are widely available and can be researched on the appropriate Education Department website.
Next, our Federal Government has several loan options to explore; two of the most popular are Stafford Loans and Perkins Loans. These federal loans differ on the scope of availability based on need, as well as interest rates and terms but have one thing in common; you must be enrolled at least as a part-time student. For more information about federally sponsored loans, go to http://studentaid.gov.
As most federally sponsored loans are need based, it is a good idea to apply to state funded education loans as well. Some state’s programs are not need based but instead they are merit based. You may qualify for assistance via prior academic achievement.
Many employers also offer educational tuition assistance as well. Of course, the prospective academic degree must be related to your profession, but this is an important and viable possible source of funds to examine.
Lastly, do not forget that the IRS offers various tax credit programs that are related to secondary education and some tuition payments may be tax deductible as well. It is important to consult your accountant to be sure you take advantage of these tax benefits.
These points are just the tip of the iceberg with respect to tuition assistance. Be sure to explore all avenues and I am sure you will be able to achieve your educational goals.

Hotels are huge business in Florida. Thousands and thousands of visitors come in and out of south Florida every day. One would imagine that hotels would be tuned into the facts; the security in today’s world is an important aspect to their business model. However, our firm continues to get calls and take cases where hotels have failed to properly secure their business. Visitors have been harmed, hurt, raped and killed because hotels fail in the most basic of security responsibilities. Our advice is to choose your hotel wisely. Many times the larger brand names are the better choice for a quick stay, if you haven’t had time to investigate that charming bed and breakfast or small motel. Neighbors are important. Don’t stay in a questionable neighborhood or an industrial location if you can travel to a higher economic area and stay. The extra $20 per night may save your life. Most hotels have video surveillance. If you are hurt or become the victim of crime at hotel, call an attorney quickly so they can force the hotel to keep the video evidence secure. Finally, remember to lock your door at night. Most doors lock behind them, but don’t take it for granted. Make sure you are safe when you stay anywhere.