Apfelbaum Martinez Law

Author: Apfelbaum Martinez Law

  • Wondering Whether You Need a Contract Negotiations Lawyer on Your Side?

    Wondering Whether You Need a Contract Negotiations Lawyer on Your Side?

    Contract negotiations can be confusing and stressful for business people or individuals. Often, people are unsure what contract clauses mean, if they are problematic, or what they should suggest instead.

    It can be difficult to understand the ramifications of particular clauses or even words in a contract without the help of an experienced Florida contract negotiations lawyer. This person can go over the contract with you, discuss anything problematic, ask about your goals for the deal, determine what you wish to get out of the contract, learn what you are willing to agree to in return, and negotiate with the other party/parties on your behalf.

    Types of Contracts

    There are contracts for a wide range of both business and personal situations where people want to ensure they have an agreement laid out in writing. Business professionals may need to negotiate sales or vendor contracts, contractor agreements, management agreements, and various kinds of employment contracts, including non-compete agreement and non-disclosure or confidentiality agreements. They may also need assistance with contracts involving intellectual property, which may overlap with employment contracts in some cases—such as contracts specifying who owns a piece of intellectual property an employee creates for the company. There are also reseller, distribution, and licensing agreements, construction contracts, service contracts, and business purchase and sale agreements. Other types of contracts may also become important for your particular business.

    Starting a New Business Venture

    Anyone starting a new business has many documents to contend with depending on their particular circumstances, including company formation documents, partnership agreements, operating agreements, stock purchase contracts, asset purchase agreements, franchisee agreements, and joint venture agreements. Frequently, people who start a business have partners or investors, and it’s important to get everyone’s role laid out clearly in these contracts to prevent misunderstandings later on. In some situations, this means negotiating with your future partners or investors.

    Sometimes, people are uncomfortable negotiating with the people they are going into business with. They may not want to “rock the boat” by asking for more money or a bigger share of the new company, even if they are making a considerable investment of money, time, effort, or all three. Staying silent and hoping for the best is not a good solution. Often, these issues get worse as a business grows and co-owners start to argue about who gets paid what or who makes this or that decision. It’s better to work out any questions or concerns you have about compensation, responsibilities, how decisions are made, etc., before signing the final paperwork.

    This is where a Florida contract negotiations attorney can be helpful. They can assist you in negotiations, by asserting your wishes, addressing other parties’ concerns, and suggesting compromises. Taking the time to clearly establish finances, ownership, and decision-making hierarchy, and negotiate until you arrive at an agreement that makes everyone happy, can save you a lot of arguments and possibly legal proceedings later on. Even better, it allows you and your partners to concentrate on running your business and serving your customers instead of arguing with each other.

    It’s important to note that many times when we help clients with contract disputes they tell us that they knew this or that issue was going to be challenging from the beginning. They may admit they weren’t happy with their contract. But they really did want to go into business with their three best friends, their cousins, etc., and they thought they could work things out. Unfortunately, kicking the issue down the road may eventually lead to the partners or shareholders “working things out” in court and/or costing more money for all the parties involved, including your business.

    If you know that something in your contract is going to cause difficulties later, it’s better to deal with it before signing. Many business owners go to their lawyers after they have signed the agreement but, unfortunately, there is generally little to be done once the agreement is signed in terms of getting the signatory out of that agreement.

    Some people are worried this will kill the deal entirely, but that usually may not be the case. Remember that the other parties also really want to start this business and they probably need something you have to offer—money, experience, skills, time to do the work, etc. In most cases, the other parties are willing to negotiate. Your experienced Florida contract negotiations attorney will be able to suggest different solutions if your potential partners don’t like your first proposal. Your Florida business lawyer would be prepared to make multiple offers as well as go over counteroffers with you. In many situations, they may be able to find a creative solution that smoothes out difficulties for many years to come.

    In other situations, the parties may actually be in agreement but have overlooked something important that isn’t mentioned in their contract. This is especially true when people trying to “bootstrap” a new venture just download a pre-written contract off the internet or purchase a form online. Often, these don’t speak to every eventuality for every business. They may use vague language that will be unhelpful if your company ever finds itself in court. Many times, we end up suggesting small changes that clarify certain aspects of the contract for everyone. The other parties may even be relieved when they realize they never thought about certain issues cropping up in the future and that the proposed changes may help them avoid legal issues as well.

    Other Reasons for Contract Negotiations

    Individuals may also need to negotiate contracts for personal reasons. These may include sale/purchase agreements for personal property, real estate contracts, agreements with contractors, etc.

    Another common situation is when someone is offered a well-paying job that comes with an employment or contractor agreement, non-compete agreement, non-solicitation, etc. This can be very exciting, especially if the potential employee has recently graduated or gained enough experience to get a much better offer. However, employment contracts are complicated, and it’s important to know what you’re agreeing to. Sometimes people really don’t want to agree to one or two stipulations in the contract but they also don’t want to give up on a good opportunity. In this case, your attorney may be able to suggest changes and assist you with negotiating for a better deal.

    How Your Contract Negotiations Lawyer Can Help

    Your attorney should be experienced in contract negotiations and should know how various clauses in contracts are typically interpreted by a judge. Often, clients have questions about words or phrases in their contract. They may want to know things like, “Does this mean that X will happen if I do Y?” Your Florida contract negotiation attorney can help you understand the likely consequences of various actions you or other parties might take in the future based on the contents of your contract. If you’re unhappy with this, they can suggest alternatives and negotiate with the other parties to get you a better deal.

    Your attorney will also go over the contract thoroughly and make sure you are aware of any restrictions suggested by a phrase or clause. Sometimes, a client will come in wondering about a particular line of a contract that turns out to be innocuous. Then we will keep reading and find something potentially problematic that they didn’t notice. At this point, we will point out the implications and ask if they were aware of the potential outcomes. Sometimes they may have missed the meaning buried in multiple lines of legalese and don’t want to agree to that particular stipulation. In this case, we will suggest changes and propose them to the other parties.

    If you need assistance with your contract drafting or negotiations, or have questions about any potential legal matter, please contact Apfelbaum Law for a consultation. You can also check out our Contract Drafting & Negotiations Practice Area for more information We have offices in Port St. Lucie and Stuart, but provide legal services throughout the Treasure Coast and Florida.

  • How can a Business Disputes Lawyer Help Your Business?

    How can a Business Disputes Lawyer Help Your Business?

    Business disputes may come on suddenly, or they may be disagreements that build over time until one or both parties decide to take the matter to Business Disputes Lawyer.

    It’s always unfortunate when people who work together have to settle things in court but, sometimes, there is no other way to resolve the situation but to seek help from Business Disputes Lawyer. If this is the case, your attorney will represent you in court and work to help you get the best possible outcome.

    Early Intervention Options

    However, there are also many cases where we can help a client and the other party/parties come to a resolution outside of court. If possible, this has many advantages. It saves all parties the time and expense of a long court case. It may also spare one or more businesses involved from the bad publicity or public perception of airing their grievances in open court.

    When you go to see your Florida business disputes attorney for the first time, they will ask you questions about your issue and try to determine the best way forward. Sometimes they are able to work out a deal with the other party, especially if the parties are willing to compromise. For example, you might agree to accept some of the money you feel the other party owes you instead of the full amount, especially if the court costs would likely eat up the difference anyway.

    Because things can get heated between parties in any kind of legal disagreement, your lawyer may encourage you to avoid any contact with the other people involved. Although it can be tempting to call someone up and yell at them, especially if you’ve just received upsetting legal papers from them, it’s best to keep your cool and call your attorney instead. They will be able to advise you on the best way to handle the situation. Your lawyer can also calmly handle contact with the other party or their attorneys, preventing both of you from getting into an argument that may escalate the situation.

    Types of Business Disputes

    Business disputes can emerge from a broad array of scenarios. They can be internal or external. For example, you might get into an internal dispute with business partners, an employer, an employee or former employee, investors, etc. There are many cases where the co-owners or shareholders of a business end up at odds and need to seek a legal remedy.

    Internal Disputes

    Often, people are excited to be starting a business with other partners or shareholders. Sometimes, these partners may be friends or sometimes relatives, or they may be people that you’ve worked with previously. You may feel that you know how they work and what skills and experience they bring to the table. It’s likely they think the same about you. Unfortunately, sometimes partners go into business together expecting certain things to happen and, for many reasons, the situation works out very differently.

    In many cases, one partner is very unhappy with the direction the company is going. Sometimes they want to do business with another party, but their partners don’t think this will be a good business relationship. They may have expected one partner to carry out certain responsibilities or do certain work but, for some reason, that just doesn’t happen.

    This is one very common situation we encounter. Two partners will go into business together. Let’s call them Roger and Hank. They agree that Hank is going to work on the design side of the business, completing customer orders and maintaining the website, while Roger handles accounts and sales, bringing in business. So, Roger goes to work every day networking, bringing in clients, and setting up online marketing to capture even more leads. Soon they have lots of clients but Hank has a hard time getting their jobs done on time. He frequently takes “personal days,” often twice a week or more. Roger ends up working weekends trying to finish tasks Hank has left undone. He tries to talk with Hank but Hanks tells him to quit complaining. He says being in business is hard work, he’s doing as much as he can, and Roger should have known he’d be expected to pitch in when they got busy. As this situation goes on and doesn’t get better, Roger gets frustrated and, eventually, consults an attorney. At this point, he’s not even sure how he wants to solve the dispute, he just wants to know his options. How hard would it be to get out of business with Hank? Will he lose the money he invested? Will he have to fight Hank for every customer their business served? What if Hank goes around badmouthing him to everyone in their network? This is usually the point where we ask to see Roger’s partnership agreement, as well as any documents pertaining to the formation of the company. These should provide a roadmap for how internal disputes between owners, partners, or shareholders will be resolved. In many cases, Roger’s problem can be handled easily once we go over the contract and explain his options.

    A partnership agreement is a document that lays out each partner’s roles and responsibilities. This addresses things like each partner’s initial and/or continued financial contribution, how much of the work load each person is expected to take on, what jobs they will do in the business, who will make what decisions, etc. The clause about how disagreements will be worked out will be very important. Although businesses formed as entities are not legally required to have a shareholder/partnership/operating agreement, having these documents in place may make settling disputes much more efficient, in terms of both time and money.  Thus, it is generally advisable that a Florida entity have these documents drafted, and consulting with a Florida business lawyer whether at the time of formation, when thinking about having partners, or at any stage of the entity, is strongly recommended.

    Sometimes, however, Roger may find out his contract was not as complete as it should have been. Typically, these are situations where the future business partners were trying to save money, so they made up their own partnership agreement, often copying some forms they found on the internet. This can be problematic in dispute situations as random business forms don’t always address every issue that should be covered in a partnership agreement or take into account local laws regarding these agreements. If the contract doesn’t lay out rules for solving disputes or partner buy-outs, the dispute may take much longer to settle in court. For this reason, we recommend hiring an experienced Florida business attorney to help you properly set up any new business venture.

    Even with a properly drafted contract, sometimes partners or shareholders will have a disagreement about the interpretation of certain words or clauses, or whether or not a partner is holding up their end of the bargain. In these situations, one partner may sue the other, or may take steps to try to buy them out, or to sell their stake. There may be other options for your particular situation, which your attorney will explain to you.

    What should you do if you are starting to have difficulties with a partner? It’s a good idea to see an Florida transactional attorney sooner rather than later, even if you don’t take any immediate action. Sometimes, just knowing your options can be very helpful. Your lawyer may also be able to advise you on documenting issues that arise in the future in case you need to go to court later.

    Prior to seeing your attorney, you should locate and look over any copies of your operating, partnership or shareholder agreement, and make copies to leave with your attorney.

    Contract Breach

    This is a major cause of internal disputes and covers a wide swath of issues. Essentially, breach of contract means that someone is not doing something they agreed to in their contract. So, following the prior illustration, if Hank agreed to fulfill 100% of the orders himself and he’s not even doing half, Roger could take him to court for breach of contract.

    These claims are also common with employees, former employees, and contractors. These individuals may have signed employment agreements such as non-compete agreements, non-solicitation, or non-disclosure agreements. If your former employee or contractor agreed that they would not work for a competitor in the city of Port St. Lucie for two years after leaving your employ, then they quit and go to work for a competing business down the street, you may want to see your Florida dispute attorney about a breach of contract lawsuit. In most cases, the likelihood of a good outcome for you depends on your ability to prove that the contract was breached (or that it wasn’t if you are the one being sued). Your Florida business attorney will probably ask you about evidence, documentation, and witnesses who can support your claim.

    External Disputes

    These can happen in a variety of ways. Businesses may get into disputes with customers, competitors, distributors, or suppliers, or even random individuals who feel the company has wronged them in some way. Again, breach of contract is a major cause of these disputes—either the other party has breached their contract, or they believe the plaintiff, or company being sued, has done so.

    As with internal disputes, your attorney will want to go over the contract in question—for example, a sales contract, a distributorship agreement, a service contract, etc. They will explain the options, and help you try to work things out if possible. If this doesn’t settle the issue, they will represent you in court.

    Working Things Out

    Because court cases can take time, cost money, and, sometimes, negative publicity, many clients wish to work things out with the other party out of court. There are many ways this can happen and your attorney will advise you on the options. Sometimes, it may be legally possible to get out of business with a partner, but it may not be a good financial move. In our example, Roger may not want to be in business with Hank anymore but he may lose money if he sells out to Hank, or he may not be able to afford to buy him out.

    In this case, we may consider other alternatives. If the company has more business than Hank is willing or able to handle himself, he and Roger might agree to hire an employee to help with the workload, or they might take on an additional partner who will not only help with the work, but also serve as a tie-breaker in future disagreements. Depending on your situation, there may be various options that you and your Business Dispute Lawyer can discuss.

    If you need assistance with your contract drafting or negotiations, have a business dispute, or have questions about any potential legal matter, please contact Apfelbaum Law for a consultation. You can also check out our Business Disputes Practice Area for more information. We have offices in Port St. Lucie and Stuart, but provide legal services throughout the Treasure Coast and Florida.

  • Construction Litigation – A Contractor’s Perspective

    Construction Litigation – A Contractor’s Perspective

    Contractors and other professionals who work in some aspect of the construction industry may find themselves dealing with litigation for multiple reasons. This can happen with construction projects in Port St. Lucie, Stuart, and surrounding areas, where construction projects happen frequently.

    Sometimes there are issues with a client who hasn’t paid or is claiming a job was done improperly. Other times, a client may change their mind and want large changes done with no additional time or financial responsibility devoted to the project. There may also be difficulties if another party’s property is encroaching on the area where the contractor is trying to build. A lawsuit may be filed against the contractor after a job is complete if they believe they’ve just found a defect. All of these situations may lead a contractor to seek the counsel of a Florida construction litigation attorney to assist them with their issue.

    Notice Requirements

    There are many notice requirements to keep up with when you work as a contractor in construction projects. If your contract is with someone other than the property owner, then you may need to serve a Notice to Owner (NTO) before beginning work. This notice also serves other purposes, like preventing future problems—for example, if a tenant hires you to do a job without getting the owner’s permission first. You don’t want to be several weeks into the project when the landlord shows up and wants to know just what you’re doing to their property.

    The deadline to serve an NTO is 45 days from “first furnishing,” which means the first furnishing of labor or materials related to the project. Some contractors who create specialty material for certain types of projects may also have 45 days from the date they begin working on the material. It is always better to err on the side of early rather than late when it comes to sending an NTO. If it’s served too late, you can lose your rights to place a lien on the project later.

    Who Else Gets an NTO Besides the Owner?

    Florida law specifies that everyone “up the payment chain” should get a NTO. So, if you are a subcontractor, you should send an NTO to both the property owner and the main contractor.
    There’s another Florida law that specifies project owners need to file a “Notice of Commencement” before work begins on a project. After this has been done, the owner may appoint an “owner designee” to receive future notices, including NTOs. In most cases, if there is such an owner designee, you can just send them the NTO. However, there are some interesting rules about sending NTOs to designees that may trip up contractors in some situations. It’s a good idea to check with your Florida construction attorney to make sure you are doing things correctly.

    Do I Have to Deliver an NTO in Person?

    While the NOT can be served in person, it is typically sent by registered or certified mail to ensure you have proof it was received (other means of mail delivery are available).  If you cannot personally serve or via mail, you may be able to just post the NTO on the job site.

    The Importance of Having a Written Contract with the Project Owner

    There are many ways that contractors can run into legal difficulties. One thing that we hear a lot is when a contractor does a small job, doesn’t think a contract is necessary for this, and then runs into some disagreement with the owner. Often, these things can snowball. In some cases, the owner may get mad and decide to stiff the contractor on a bigger job, even if they have a contract on that one.In other situations, the contractor might have a contract for a job of any size, and then challenges arise. Maybe the owner is unhappy with how the project turned out, even though the contract met all their specifications. (This happens a lot.) Or, maybe the owner nitpicks something as an excuse not to pay all or some of what they owe the contractor. (“Well, I agreed to pay that amount when I thought you could get the trim right…”) Or, they might pay for the job, then later experience some difficulty on the property and decide it’s somehow the contractor’s fault. In that case, they may decide to sue the contractor for a defect.

    In all of these situations, it’s immensely helpful if the contractor has a written contract with the owner. With a written contract, if an issue arises, the contractor can go over this contract with their Florida construction attorney and figure out how best to solve the issue. However, sometimes poorly-written contracts don’t cover all the issues that may arise. Some things may be vague or unclear, and this can spell trouble if you need to take your case to court. This may occur because the owner proposed the contract, and the contractor did not have the help of a construction attorney before signing it. But a more common situation is the one where a contractor is just starting out and doesn’t know much about contracts so they find one online that looks right, fill in some blanks, and give it to the customer to sign.

    Unfortunately, the problem with just grabbing a form off the internet is that it may not be the right one for the type of work or project you’re doing, it may not meet all requirements of your particular state, it may not address all the issues that may come up as you are working on this project, or, the language may be intentionally broad or vague, because it is meant to be used by a wide array of people for a wide array of projects. For any of these described issues, or many others that may arise in construction matters, you may later have difficulty imposing a lien, claiming your case in court, or getting the relief you seek in court.  That’s why is important to get the assistance of a skilled construction litigation attorney from the onset and throughout your various projects.

    The best thing to do is to consult an attorney before you start signing contracts with clients. Your attorney may be able to draft a template you can use for multiple jobs, or recommend an individualized contract for each client based on the specifics of your business. Although you may be eager to get started, this small investment at the outset can save you time and money later on if a disagreement occurs. You can also read about Construction Litigation Attorney – A Consumer Perspective

    If you need assistance with construction law issues, or have questions about any potential legal matter, please contact Apfelbaum Law for a consultation. You can also check out our Construction Litigation Practice Area for more information. We have offices in Port St. Lucie and Stuart, but provide legal services throughout the Treasure Coast and Florida.

  • How Can a Florida Divorce Lawyer Help You & Some Basics of Florida Divorce Law

    How Can a Florida Divorce Lawyer Help You & Some Basics of Florida Divorce Law

    Going through or even contemplating a divorce can be an emotionally difficult time. When people realize that their marriage is over, or even in serious trouble, they often have concerns—and questions. Can they afford to live without their partner’s income? Are they able to get alimony or child support? What if their spouse wants custody of the children? How will the assets be divided? Will they have to move out of their home?

    Often, a consultation with a Florida divorce attorney can help shed some light on many of these questions. Your lawyer can explain the process of getting divorced, go over your financial situation, and advise you on your options. That way, you will have the knowledge to make informed decisions however you decide to proceed. Even if you decide to try marriage counseling or other efforts to save the marriage, you will still know your options in the event that you later decide the marriage is unsalvageable.

    What Does a Divorce Lawyer Do?

    Divorce lawyers navigate a complex field of both divorce laws and disagreements between the parties getting divorced. They also need to be well-versed in other aspects of family law so they can help clients with child custody, alimony, marriage annulment, legal separation, or related issues. Your divorce attorney will help you with the determination relating to division of assets. In many cases, this means they will argue your right to keep specific assets or how the proceeds from a sale may be divided. They will also assist you in regards to alimony or spousal support, and with custody and support for any children you and your spouse have. Because they handle such important matters, it’s essential to select an experienced, knowledgeable Florida Divorce attorney.

    Do I Really Need a Divorce Lawyer?

    Florida is a no-fault state for divorces. This means neither spouse has to prove that anyone was at fault. All that a party needs to show is that the marriage is irretrievably broken. If your spouse doesn’t contest the divorce, in some cases, it can be granted fairly easily with a minimum of arguing or time spent in court.

    However, most divorces don’t go that smoothly, and it is always better to have the assistance of an experienced divorce attorney than not have one. Sometimes, if you think that you and your spouse have reached a fair agreement about division of property on your own, unexpected issues can still arise. Even amicable divorces can devolve into conflict quickly if one spouse suddenly decides they want a particular asset, or spousal support, etc. Your attorney will not only draft and file documents for your divorce, they will also fight for the protection of your rights

    Preparing for Your Divorce

    People are often nervous before their first divorce lawyer consultation. They may be concerned about the financial ramifications of a potential divorce or unsure how they want to proceed. Remember that your attorney is there to help and advise you, and answer any questions you may have about your situation.

    Typically, your lawyer will begin by asking you to describe your situation—not just the state of your marriage, but also your financial situation, how many children you have, if any, and other details that will be important in a divorce proceeding. They will ask you questions to better understand the issues. They will also answer any questions you have, such as, “Is this particular asset a marital asset?” (We’ll have more on that topic later in this article.)

    If you decide that you want to proceed with filing for divorce, your divorce lawyer will probably give you some forms to fill out. In many cases, they may also ask you to find various financial documents which will be needed later. At some point, you’ll need to fill out a financial affidavit for the court. It’s important to do this as accurately as you are able. If you are unsure about something, or unable to find documentation or acquire the information you need, your attorney can advise you on how to proceed.

    Listing Your Assets and Liabilities

    This can be complicated for many people. Even those who are not wealthy often have assets they didn’t even think about. In this way, having an attorney to guide you and ask questions can help ensure that you don’t forget anything that might be important.

    Generally, it’s a good idea to make a list of any financial assets—like bank accounts, savings accounts, trusts, retirement funds, etc. Whether accounts are joint or not may be important later, but, at first, you just need to list all accounts. Also, list anything you own of significant value—houses, vehicles, other property, expensive electronics, jewelry. If you or your spouse owns a business of any kind, this may also be an asset. You should also list all liabilities, including debts, unpaid medical bills, etc. Your lawyer may ask about anything you might have missed.

    Another thing you’ll need to do is account for your income, as well as your spouse’s if you have that information. If you don’t have access to their current income information, your attorney can request it. Figuring out your monthly income will be the next step. Whether you are an employee or an independent contractor, or own your own business, your Florida divorce lawyer would be able to assist you and advice you on how to determine your income as well as information necessary for your divorce.

    Monthly expenses will be the next category to get straight. This will include things like rent or mortgage, gas, groceries, utilities, insurance payments, phone bills, etc. It is important to make a list and be thorough. If you and your spouse have been living together and dividing these expenses, you will need to figure out how much you will spend on your own. Some people assume this will just be half the amount of combined expenses, but this isn’t always true. If you move, your transportation costs may go up or down—for example, if you suddenly live farther from work and have a longer commute—and sometimes one spouse has more expensive taste in things, like groceries and household items. You should also consider if any costs are split with your employer, like phone bills.  Health insurance is one of the most overlooked expenses that may necessitate the most attention by divorcing spouses.

    You’ll need to document your expenses with copies of your monthly bills, receipts, etc. It may help to go over the last few months of bills, and divide your expenses into categories—groceries, transportation, clothing, travel, monthly bills like rent or utilities, etc. Figure out how much spending you usually do in each category, then consider what will be different with you and your spouse living separately. If you have kids, whoever has custody of the children will spend more on things like groceries. If you’re trying to divide time with the children evenly, you may want to estimate expenses for having them half the month.

    What are Marital and Non-Marital Assets?

    People often ask us questions about whether something is or isn’t a marital asset. In most cases, assets that you owned solely in your name prior to the marriage will be considered non-marital assets. So, if you owned your house before you got married, your spouse probably won’t be entitled to it or financial compensation for half of it, even if they lived in it with you for years. However, having invested into the house during the marriage may have an effect on how the court determines this non-marital asset into the asset-division equation.  Retirement accounts are also subject to special treatments.

    Marital assets include any property acquired during the marriage, regardless of who paid for it or whose name it is in. So, that means if your spouse bought a brand-new car while you were married, you may be entitled to half its value. There are some exceptions though, and your attorney can advise you on specific assets that you have concerns about.

    Keep in mind that a judge will try to divide marital assets fairly, but that doesn’t always mean a 50/50 split of everything. In some cases, they may decide that one partner deserves to keep a specific asset that they put far more time or money into than the other spouse. If there are specific assets that are important to you for sentimental or personal reasons, you may ask your attorney if you can negotiate to keep those specifically. For example, you might offer to let your spouse keep the expensive new car if you can have the speedboat you acquired the year before.

    Moving Forward with Divorce

    Your Florida divorce lawyer will draft and file a petition for dissolution of marriage with the appropriate local court. This will later be served to your spouse. If, however, your spouse has already served you with divorce papers, your lawyer will likely prepare and file a response and move forward with the divorce proceeding.

    The petition will contain the petitioner’s explanation of why they want a divorce, or why they feel the marriage is irretrievably broken—infidelity, incompatibility, inability to agree on finances, simply growing apart, etc. Your attorney will also include what you are asking for in the divorce—assets you want to keep, joint or full custody of children, alimony or spousal support.

    For the most part, your response to a petition for dissolution of marriage will be much the same if you’ve been served with the petition (most times, a counter-petition is filed whereby you can also lay out your requests as if you had filed the original petition for dissolution of marriage). If you feel that your spouse’s version of things has overlooked some important issues that contributed to the marriage deteriorating, you can include these. For example, if Ann’s husband Bob claims that Ann has become distant and just doesn’t care for him anymore, when in reality he’s already moved in with his girlfriend, Ann might want to address that in her response.

    You can also respond to what the other party has asked for in terms of assets, support, custody, etc. Your lawyer will go over each section of the petition with you to learn what you think. You may be fine with some of your spouse’s asks, but vehemently opposed to others. After making notes, your attorney will draw up a response listing anything you agree with, everything you don’t wish to give up, and whatever wants you have in settling the divorce. Occasionally they may advise adding counterclaims—for example, if your spouse stole or disposed of some valuable item of yours, you may ask for it back or for financial restitution.

    Under Florida law, a response needs to be filed within 20 days of being served with the petition. After certain documentation is exchanged, you will most likely attend a mediation.  Your attorney will represent you throughout the process, helping you gather evidence, making lists of witnesses if necessary, and preparing you to testify in some cases.

    Does My Divorce Have to be Contentious?

    No, if you and your spouse are parting ways amicably, want to remain on speaking terms for the benefit of your children, etc. If you and your spouse are able to come to an agreement on things like alimony, child custody and support, and division of assets, this process may save you both time and money on the court and attorney’s fees associated with a lengthy courtroom battle. It will also help you avoid the stress of arguing things out in court.

    A mediation is most likely mandatory. During the mediation process, a mediator, or neutral third party, will meet with both spouses. This person may be appointed by the court or hired by the parties. They will brainstorm with the couple about ways to handle various issues, such as division of assets, child custody, alimony, etc. The mediator makes every attempt to ask questions and talk through issues in a non-threatening, non-intimidating way. They may suggest compromises, like, “What if you keep the house and you pay this much less in spousal support?” They focus on helping both parties get the things they truly want out of the settlement so there will be less reason for them to return to court later. Often, people who are able to complete the mediation process are more satisfied with the outcome than those who have their divorce determined by the court.

    If the parties can come to an agreement in mediation, they can present this agreement to the judge, who will likely sign off on it. It’s important to remember that mediators are not in place to give legal advice to either party. If you and your spouse reach a tentative agreement in mediation, you will still need your attorney to look it over carefully before signing it, to ensure both that you understand it, and that you aren’t giving up any important rights.

    Although many couples benefit from mediation over litigation, it isn’t appropriate for every couple. Some breakups are just too contentious, and sometimes one or both parties are uninterested in mediation. In other cases, couples try mediation but find they just can’t reach a meeting of the minds on one or more important issues. If this happens to you, there’s no reason to be concerned. Your divorce attorney will be prepared to represent you in the court case.

    How Do I Find a Divorce Attorney Near Me?

    If you need assistance with your divorce, or have questions about any potential legal matter, please contact Apfelbaum Law for a consultation. You can also check out our  Family Law Practice Area for more information. We have offices in Port St. Lucie and Stuart, but provide legal services throughout the Treasure Coast and Florida.

  • What Does a Commercial Litigation Lawyer Do?

    What Does a Commercial Litigation Lawyer Do?

    In general terms, a Florida commercial litigation lawyer represents a individuals or companies’ financial interests when they have a dispute, typically with another business but also sometimes with individuals or even government agencies.

    How Can a Commercial Litigation Lawyer Help Me?

    If you have a business dispute of any kind, you may be wondering what to do next. Your commercial litigation lawyer will ask you questions about the issue so they can analyze the situation and make recommendations. In some cases, they may believe than an out-of-court settlement is a better option. In others, they may recommend you proceed to trial to prove your case. They will also have thoughts about strategy and what you will need to prove your case.

    You can help your attorney by answering their questions honestly so they will have the information they need to best help you. Sometimes clients may not mention things that they think “look bad” for their case. Unfortunately, the other party often knows about these things and doesn’t hesitate to tell their lawyer. If you believe there may be difficulties with your case, it’s better to discuss them with your attorney before you get to court. There may be ways to handle these issues, and it’s always better to have a plan for dealing with them than to get blindsided in court.

    Your Florida commercial litigation attorney may also ask you to look for certain documents, such as signed contracts pertaining to the matter at hand, email communications, etc. However, the attorney may also do some of the proof-gathering or investigating, or they may hire a third party to do it. They might also ask you for a list of witnesses to an event involved in the case.

    If you are the claimant, plaintiff, or the party filing the lawsuit, your attorney will advise you on the viability of your case. If they don’t think your case is likely to succeed—for example, if there is simply not enough evidence to prove the case in court—they may be able to recommend other legal options for recovering lost assets or other difficulties you’ve encountered. They will also work to help you reduce or eliminate any future losses.

    If you are the defendant, or the party being sued, your commercial litigation lawyer may recommend an out-of-court settlement if they believe things aren’t going to go well for you in court. This can happen for many reasons. Sometimes there isn’t enough evidence to prove you weren’t at fault in the situation, even if it’s the truth. This can be frustrating to hear but, in a situation like this, making a small settlement can protect you from losing far more money in court if the other party agrees. In short, a settlement may be a good way to mitigate the financial risks for your business, including protecting your reputation from unfavorable media coverage of a trial.

    If your attorney recommends going forward with a court case, not only will a lawsuit be filed but there would be various motions and discovery requests that would take place.  Your Florida commercial litigation attorney will continue fact-gathering, looking for evidence, contacting witnesses and preparing them to testify, requesting information from the other party’s attorney, and keeping you up-to-date on the case’s progress.

    Here are some specific tasks your attorney may do in relation to your case:

    • Performing a first case evaluation
    • Drafting any motions or pleadings needed to move forward
    • Drafting the complaint or responses to the other party’s complaint
    • Participating in the information exchange of the discovery process
    • Preparing any documents needed for the court lawsuit
    • Recommending strategy to use in court based on the existing evidence
    • Representing your business and arguing your case in court
    • Negotiating with the other party’s attorneys if there are settlement talks
    • Taking the lawsuit to trial, whether jury trial or bench trial
    • Appealing rulings throughout the lawsuit or the final ruling

    What Situations Can a Commercial Litigation Lawyer Help Me With?

    There are a variety of situations that cause people to seek the help of a commercial litigation lawyer. Here are some examples:

    • Breach of contract claims
    • Corporate disputes of all kinds—may involve conflict between partners, shareholders, members, owners, investors, difficulties with employees, etc.
    • Fraud disputes—may involve inside or outside parties.
    • Intellectual property disputes.
    • Debt collection.
    • Partner or shareholder difficulties.
    • Employment disputes.
    • Unfair and deceptive trade practices.
    • Breach of fiduciary duty claims against an executive of the company.
    • Tortious interference.
    • Product liability claims.
    • Breach of Non-Competition Agreements
    • Breach of Non-Solicitation Agreements
    • Misappropriation of Trade Secrets

    Breach of Contract Issues

    These can arise in many ways. Often, we see these disputes in business-to-business (B2B) situations where one party has failed to do something promised in a contract. For example, one party may have been paid to provide a service or product they didn’t produce for some reason; or, they may have ignored some other provision in the contract, such as non-disclosure of certain information.

    Depending on the situation, there are many different ways to handle these issues. A judge may declare the contract terminated, in which case the innocent party usually does not have to perform any further obligations of the contract. The judge may also order financial compensation to the injured party, such as a refund of what they paid and, in some cases, damages based on missed opportunities. In other situations, a judge may order both parties to comply with the terms of the contract, such as requiring a transfer of property in a breached sales contract. However, the court can also refuse to enforce a contract if the breaching party can provide a solid defense for their actions. In some cases, the claimant may have breached the contract first—for example, not paying for the service—in which case the party that broke the contract had no obligation to continue with their end of the deal by performing the service.

    Other contracts may be unenforceable because they violate federal, state, or local laws. (This is why it’s always important to consult a qualified business attorney when you consider signing a contract, as you may be able to avoid finding out in court that your contract isn’t viable.) There may also be situations where the contract is not enforceable due to “an act of God,” such as a hurricane preventing someone from fulfilling their duties under a contract.

    Partnerships and Other Small Business Disputes

    Small or family-owned businesses in Florida are often organized as LLCs, partnerships, or sometimes S-corporations. Disputes among owners, partners, or shareholders can happen for a wide variety of reasons. There may be disagreement about managing the company. Sometimes owners or partners just have different visions for the future of the business and can’t come to a compromise.

    Another common issue is compensation, or how profits are divided among the owners/partners/shareholders. This frequently brings all parties into court. If you feel you aren’t being compensated appropriately for your role in such a business, it’s a good idea to consult a Florida commercial litigation lawyer before making any decisions about how to proceed. Your attorney can explain your options. In some cases, the judge will force a sale or dissolution of a business if they believe the owners can’t continue to run it together. The division of the assets of the business will depend on various circumstances, but it’s very important that you have a skilled attorney to explain everything you’ve done for the business.

    In other situations, the parties may be able to work things out internally. They may buy out a partner or owner who has created difficulties, or rewrite the business agreement terms about who gets what compensation or how decisions are made. For example, they may decide that one person is in charge of certain decisions in a particular area, while another executive is in charge of some other area, and still other types of decisions require the board to vote.

    Often you will need to go over your operating agreement with your attorney to learn what next steps are possible because these contracts frequently provide a roadmap for handling such disputes.

    Employment & Contractor Disputes

    Conflicts with employees or former employees (or contractors or former contractors) may also create legal difficulties for businesses. Many times they arise from a disagreement about how much a person was supposed to be paid or what benefits they were meant to receive. Workers may also bring lawsuits related to what they believe was an unfair termination.

    Generally with executives and higher-paid positions, frequently there is an employment contract. However, more and more we are seeing employment and contractor agreements with other staff as well. Again, it is best to have an experienced Florida attorney help you with these contracts. A one-size-fits all approach, or using the same contract for different positions and situations, may not be the best idea. Your lawyer will take into consideration the job duties and responsibilities, and consider all possible legal issues that may need to be addressed in the contract. If there is a legal dispute later, you will be able to refer to the contract in court. Your attorney will advise you on the best strategy based on the contents of the contract and the employee’s claims.

    With any employment situation it is pertinent to follow state and federal labor laws.  Issues may arise when terminating an employee, but there may also be disagreements about how much a person was to be paid.  Your Florida attorney would be able to advise you about employee or contractor matters.

    Shareholder Rights

    Florida commercial litigation attorneys also handle issues of shareholder, partner, member or owner’s rights. Sometimes people who own a minority of a company have issues with how the company is run. They may believe the majority owner or owners are making poor decisions for the business, or taking steps that will unfairly disadvantage the minority owners. Often, these disputes arise over how much of the company profits are paid out or distributed to shareholders as dividends, but there may be other disagreements as well.

    If you are in such a situation, it is well worth your time to consult a Florida commercial litigation lawyer about your options. These generally depend on the shareholder/partnership/LLC agreement that governs how the company is run. If these are written properly, they usually contain provisions for handling disputes among the owners. There may be options for buying out a shareholder/partner/member who is displeased with how the company is being run but lacks the ownership interest to do anything about it. In this case, you may be able to cash out your ownership interest in the business, then move on and invest your money in something else.

    If you need assistance with commercial law issues, or have questions about any potential legal matter, please contact Apfelbaum Law for a consultation. You can also check out our  Litigation Practice Area for more information. We have offices in Port St. Lucie and Stuart, but provide legal services throughout the Treasure Coast and Florida.

     

  • Florida Trial Lawyer – An Overview of Florida Litigation Process & Florida Trials

    Florida Trial Lawyer – An Overview of Florida Litigation Process & Florida Trials

    What Does a Trial Lawyer Do?

    Florida trial lawyers are experienced in handling cases in a courtroom. They are skilled at picking juries, presenting evidence, examining and cross-examining witnesses, making opening and closing statements, researching laws and judicial decisions that relate to a client’s case, and advising their clients throughout the trial. Trial lawyers regularly represent clients in the courtroom for civil or criminal matters.

    What If I Don’t Want to Go to Trial?

    Sometimes clients would prefer this route because they don’t wish to go to trial in a civil matter. Even if they have a strong case, they may not want to spend time and money in court, or they may be concerned that the trial will cause unwanted publicity for their business. There’s nothing wrong with wanting to settle out of court, but this isn’t always possible. Sometimes your attorney may try to negotiate a settlement with the other party but the other side simply isn’t willing to budge.

    However, an experienced trial lawyer will do their best if you want to try to negotiate a settlement with the other side. The same skills they use in a courtroom are often helpful in negotiating a compromise out of court. If a deal can’t be made, they will be up to speed and able to represent you when you go to court.

    Under Florida law, parties may attempt to resolve their issues officially but outside the courtroom through two processes, mediation or arbitration. In mediation, parties negotiate and a third party will supervise and manage the negotiations while trying to keep things on track. The hope is that both sides can reach an agreement on their own. In arbitration, a neutral third party plays a role similar to that of judge and decides the outcome after listening to both sides. Both parties need to agree to enter mediation or arbitration; though mediation is generally mandated by the judge prior to having a trial. If they can’t agree, the case will proceed to trial.

    People dealing with criminal charges may also prefer not to go to court but this often isn’t an option. There are some situations in which the prosecutor may be willing to make a deal but this may mean pleading guilty to the charges in exchange for a light sentence or probation. While this can seem appealing to some people, it usually means a permanent mark on your criminal record and, depending on the crime, may cause issues in other areas of your life. A criminal record may prevent you from voting, receiving government benefits, and getting into housing. Also, there are many instances where the prosecutor is not interested in making a deal in the first place.

    If you have concerns about your criminal case, the next best step is to consult a Florida criminal trial lawyer right away. They can go over your case with you and explain your options so you can make an informed decision.

    The Civil Trial

    Civil trials usually settle disagreements between individuals or businesses over a sum of money, property, or some injury to a person’s rights or person. Businesses may go to trial over a variety of issues, including breach of contract or other contract disputes, real estate litigation, landlord/tenant difficulties, employment issues, and internal disputes between owners, partners, or shareholders.

    Individuals may go to court over business or personal matters. Divorce and child support or custody are common sources of trials, and sometimes probate or estate issues may lead there as well, especially, if a potential heir wants to contest a will. People may also sue companies they feel have harmed them or damaged their property. They may also sue other individuals over things like property damage or encroachments. Workplace challenges may also lead to court, such as difficulties with a non-disclosure agreement or intellectual property, wrongful termination, or other issues.

    A civil trial starts when the plaintiff files a complaint against another person or entity. If you are the plaintiff, your trial lawyer will draft the complaint, which states the nature of the loss or injury and asks the court to award “relief.” This relief may take several forms. You can ask for the defendant to pay damages or money for your loss. You can also seek an injunction, where the court orders the defendant to stop doing something or to prevent them from doing something. For example, if the case involves the misuse of your intellectual property, you might ask for an injunction to stop the defendant from using said intellectual property in their advertisements or other company materials. You may also ask for a declaratory judgment, in which the court explains the parties’ rights under a contract or statute, such as who has a right to do what with a piece of intellectual property.

    Types of Civil Cases That May Go to Trial

    There are many different types of civil cases. Here are some of the most common:

    Torts. A tort or “tortious act” causes a person or business entity injury in some way. This could be a physical injury to a person or their property, or a financial one, or an injury to one’s reputation. Torts may include things like libel, defamation, malpractice, or fraud. For example, if you feel a local news website harmed your Stuart surf shop’s reputation by writing something untrue and damaging about it, you might want to sue them for libel or defamation.

    Breach of contract. These cases commonly involve businesses or individuals who enter into contracts with other businesses or individuals. They may also involve real estate, investments, purchase/sale agreements, or employment contracts like non-disclosure or non-compete agreements. They are based on the claim that one or more parties to a contract failed to fulfil some obligation they agreed to in the document. Often, these suits happen because a contractor didn’t finish a job or didn’t do it correctly, or the client didn’t pay the contractor, or some product sold was never delivered, etc.

    Equitable claims. These usually seek a court order to make another entity stop doing something, like advertising to your business’ customers, selling a piece of property, or tearing down a building.

    Landlord/Tenant disputes. These trials typically revolve around a landlord trying to evict a tenant, or a tenant who moved out and is trying to recoup their deposit or other losses.

    Civil cases usually proceed according to the following steps:

    The pre-filing phase. Your trial lawyer will gather information and evidence. They may try to negotiate with the other party, but will also prepare for an upcoming lawsuit and eventual trial.

    Pleading stage. If you are the plaintiff, your attorney will file your complaint, and the defendant will then have to file a motion or answer responding to it. Your Florida trial lawyer will help you figure out which court has jurisdiction so your complaint can be filed correctly. Then they will draft a document explaining the nature of your complaint, which will contain sufficient facts to establish all aspects of the claim. It will also include what you hope to gain from the lawsuit—for example, “plaintiff is seeking judgment of $20,000 for damages from construction defect caused by XYZ Construction.”

    Once the complaint is filed, the court will issue a summons and, in most cases, your attorney will hire a process server or another third party to deliver it to the defendant.

    Sometimes clients want to deliver the summons to the defendant themselves. This is not only a bad idea because things can get heated, but it may also not be allowed. Under Florida law, the person who delivers the summons must be an adult who is not a party to the conflict. In some locations, the county sheriff’s department may deliver these. If not, process servers are available for a modest fee.

    What Do I Do If I’m Being Sued?

    If you have received a summons yourself, you may be wondering what to do. Finding out that you’re being sued can be very stressful. Some people may have the urge to ignore a summons or pretend they didn’t get it. However, that won’t work since a summons is always personally delivered by a process server or other party who can assure the court that you got it. Ignoring a summons will likely only make things worse. In some cases, the court may just find against you since you couldn’t be bothered to respond to the summons, and you could end up owing whatever the plaintiff asked for.

    In Florida, you typically only have 20 days to respond to a summons so it’s important to figure out what to do as soon as possible. Contacting a Florida trial lawyer should be your next step. Your attorney will go over the summons with you, explain your options, and draft a response after you decide what you want to do. If you want to try to work things out with the other party, your lawyer can assist you with this.

    In some situations, you may have grounds to file a motion to dismiss. This is usually based on a claim that the court doesn’t have jurisdiction in the matter, that the summons wasn’t served properly, or that it doesn’t state a legal claim. You can also file a motion for a more definitive statement if the complaint isn’t clear. When you file a motion to dismiss or for a more definite statement, your time to respond to the complaint is extended until a judge has ruled on the motion. If they find in your favor, then the complaint is dismissed but the plaintiff would most likely still be able to refile an amended complaint. If not, then the judge would give you a specific amount of time within which to file a response.

    You may also want to file a counterclaim, or sue the plaintiff. Your Florida attorney can help you figure out if you have enough evidence to support a claim against the person suing you. If you have a claim that stems from the same transaction as their claim, this is called a compulsory counterclaim. For example, maybe you are being sued by a contractor who claims you didn’t pay them in full for a construction job they did on your Port St. Lucie ice cream shop. However, you had to fire them before the job was finished because their work quality was so poor. You paid them for the time they had already worked and hired another contractor. This person told you that due to damage caused by the previous contractor, your costs for finishing the project would go up considerably, as some of the previous work would have to be torn down and redone. In this situation, you might file a counterclaim for damages against the contractor. If you do not file a counterclaim at this time, you would likely lose the right to sue in the future over the contractor’s damages.

    You can also file a counterclaim for situations unrelated to the subject of the initial claim. These are called permissive counterclaims, and you do not have to file one when responding to the complaint in order to have a lawsuit later. However, you can file one when responding to the complaint if you choose.

    You can also simply file an answer to the summons, stating whatever facts you have in your defense—that you did not do what was claimed, or mitigating circumstances (such as the contractor doing such terrible work that you had no choice but to fire them).

    Discovery stage. At this point, both sides will exchange and request information from each other. Your lawyer may ask the other side for various documents or evidence. They may also prepare interrogatories, which are lists of questions other parties are required to answer. The other side may send you an interrogatory as well. Both sides may take depositions, which is where a lawyer asks questions, usually in an office setting, but with the witness under oath. These are usually recorded. You may need to be deposed, and if so, your trial attorney will spend some time helping you get ready for the deposition and going over potential questions you may be asked.

    As more information is gathered, your Florida lawyer will identify the strengths and weaknesses of the case and prepare for them ahead of trial. During discovery, both sides need to provide documents and witnesses to the court and the other parties, so everyone can prepare. If one side fails to include documents or witnesses in the discovery phase and attempts to use them later, the judge may decide to exclude them from evidence.

    Pre-trial phase. Your attorney will make sure evidence and witnesses are ready to go, may negotiate with other parties, and may file additional motions with the court. They may also write responses to motions filed by the other party.

    Depending on the circumstances of your case, your lawyer may request a bench trial instead of a jury trial. In a jury trial, the jury decides the case, and because a jury includes multiple people, these trials are much more complicated. In a bench trial, the judge decides the case. There are pros and cons of both types of trials, and your attorney can advise you on which would be better for your situation.

    Trial stage. This can last anywhere from one day to a week, or a few weeks to a few months. If you are having a jury trial, the selection process, or voir dire, could take several days. This is a complicated process, and your trial attorney will use their skills to help ensure the jury is made up of people who will judge the case fairly. For this reason, they may object to certain jurors they believe can’t be objective about the case for some reason.

    After a jury is selected, the trial will begin. The plaintiff’s trial lawyer will make an opening statement, and the other party’s attorney will do the same. Both sides will present evidence, question witnesses, and eventually make closing remarks. At this point, the jury will deliberate and reach a decision.

    Civil trials begin with the plaintiff, who has the burden of proof. If you are the plaintiff, your trial attorney will explain your case. They’ll state the events that led up to the lawsuit, call and examine witnesses, and introduce evidence. These can include objects, documents, videos, etc. After your attorney questions a witness, the defendant’s lawyer may cross-examine them—usually they will ask questions to poke holes in or raise doubts about the witness’ story and/or credibility.

    When the plaintiff’s attorney is finished, the defense side will present their case. They may also call witnesses and introduce evidence. The plaintiff’s attorney may cross-examine their witnesses as well.

    Often clients want to know if they will have to testify. This depends on the circumstances of your case but, in many situations, your lawyer may believe it’s important for you to testify. For example, you might have been the only witness the day your contractor cracked the foundation of your business building. If this is the case, only you can tell the jury what happened that day. If you and your attorney agree that you should testify, they will go over the questions they plan to ask, as well as questions the other party’s attorney may present you on cross-examination.

    After both sides have presented their cases, the attorneys will both make closing statements. Then, the jury will deliberate until they reach a decision, or the judge will rule. In a bench trial, the judge can rule from the bench and issue a written decision later, or they can take time to consider the matter and just release a written decision when they’re ready.

    What does the jury need to consider in a jury trial? The judge will give the jury instructions, usually relating to being fair, impartial, and making a decision based on the evidence presented. In most civil cases, juries are asked to decide based on a “preponderance of evidence,” which means the jurors found one side’s evidence more convincing. This is a different standard than in criminal cases, where the jury is asked to decide if the defendant is guilty “beyond a reasonable doubt,” based on the evidence presented.

    Post-trial stage. After the case concludes, the final decision will be filed with the local clerk and a copy provided to all parties in the case. At this point, the losing party may want to appeal the court’s decision. If, unfortunately, you did not win, your attorney will go over your options with you.

    The party that won will usually try to collect on a judgment or execute an injunction. You may also try to recover court costs and, in some cases, attorney’s fees, from the other party. If your case was based on some sort of contract, such as one with a contractor, there may be a clause that stipulates who is responsible for court costs and attorney’s fees in the event of courtroom litigation.

    If you need assistance with an upcoming trial or lawsuit, or have questions about any potential legal matter, please contact Apfelbaum Law for a consultation. You can also check out our  Litigation Practice Area for more information. We have offices in Port St. Lucie and Stuart, but provide legal services throughout the Treasure Coast and Florida.

     

  • Apfelbaum Law Celebrates Fifth Anniversary of Providing Client-Centered Legal Representation

    Apfelbaum Law Celebrates Fifth Anniversary of Providing Client-Centered Legal Representation

    Port St. Lucie, FL, June 10, 2020 – Apfelbaum Law, with offices in Stuart and Port St. Lucie, recently celebrated its fifth anniversary of serving the Treasure Coast community with their legal needs.

    “We are excited to celebrate our fifth year of providing quality, client-centered, legal representation,” says Nico Apfelbaum, founder and managing attorney of the firm. “Last year we opened a new location in Port St. Lucie to serve a growing base of clients with both business and personal legal matters, and we continue to have our Stuart office. We love our local community and are always looking for ways to give back. In the coming year, we will work to help more people with their legal matters as well as serving the community.”

    Earlier this year, the Apfelbaum team set up a GoFundMe and matched donations to provide meals for essential workers during the Covid-19 crisis. In order to also help the local economy, these meals were purchase from local restaurants.

    Apfelbaum Law handles a variety of legal issues, from family law to business contracts and disputes, from real estate transactions and litigation to criminal law. Attorneys at the firm include Nico Apfelbaum, Sara Davis, Stephen Isherwood, and Hilary Hunt. Nico Apfelbaum has been selected as a Super Lawyers Florida Rising Star multiple years in a row, and is a cum laude graduate of the University of Florida’s Levin College of Law. Sara Davis is a civil and family law attorney who serves on the Florida Bar’s Ethics and Diversity Committees. Hilary Hunt is a divorce and family law attorney and member of the Port St. Lucie Bar Association. Stephen Isherwood’s versatile legal skills include both litigation in civil and criminal trial work in the fields of family law, criminal law, and business/contract law.

    Because everyone should have access to dedicated, personalized Florida legal services, the Apfelbaum Law website can be translated into many languages. Last year, the firm earned the 2019 Martindale-Hubbell® AV Preeminent™ Rating, which is based on both peer reviews from other attorneys and judges, and client reviews. The highest possible rating is the “AV Preeminent Rating™,” with the “A” representing the best possible rating for legal ability, and the “V” indicating adherence to the highest standard of professional conduct. For more information, please visit Apfelbaum Law at https://www.alawfl.com/.

  • Construction Litigation Attorney – A Consumer Perspective

    Construction Litigation Attorney – A Consumer Perspective

    Construction litigation can arise from many situations. Property owners may have disagreements with their own contractors, with owners of neighboring property, or the local or state government. There may also be issues with contracts or construction defects that appear after the work has been approved. Payment or collection challenges and construction liens may also lead businesses and individuals to the courtroom. An experienced Florida construction litigation attorney can help you address these difficulties in court.

    What is the Role of the Construction Litigation Attorney?

    Your construction litigation lawyer could represent you or your business in any construction litigation matter, from liens to construction defects, to issues with neighbors or government. They will go over the case with you, and then they may conduct a case investigation to determine if there is enough evidence to move forward. This may involves gathering evidence and documents, and studying the events that led up to the conflict.

    If you are the plaintiff, or the person bringing the complaint, the next step may likely be to file a pleading, such as a summons and complaint against the other party, to begin your lawsuit. If you are a defendant, you’ve likely already received one of these from the other side. In this case, your lawyer would look into the allegations made against you and draft any necessary responses in your defense.

    As the case continues, both sides go through the process of discovery, where both/all parties exchange necessary information. Sometimes your lawyer may discover things that present challenges, but they may also find out information that helps your case. Even if difficulties do come to light, it’s better to know about them sooner so they can be addressed than to be surprised. As part of this process, your attorney may file requests for production (asking the other side to produce something), requests for admission (asking for evidence to be admitted in court), and take depositions from witnesses.  Documentation and testimony may also be sought from third parties.

    In the pre-trial phase following discovery, your Port St. Lucie construction litigation lawyer will prepare for trial by acquiring expert witnesses to testify, mediate the case, attending pre-trial conferences, and conducting other necessary steps relating to your case. Sometimes, parties are able to work things out or negotiate a settlement in this phase. If the other party makes an offer, your attorney will go over it with you and answer any questions so you can make an informed decision.

    If no agreement is made, you will proceed to trial, where your attorney would work hard to advocate for you. Even as the trial continues, settlement between parties is still possible. Sometimes, if one side sees that things are not going their way in court, they may be more willing to make a deal. If this does not happen, then a decision will be made by either a jury or a judge.

    Here are some common types of cases your construction litigation attorney may be able to help you with:

    Construction Liens

    A lien could be placed on a property where a contractor performed work if they believe they haven’t been paid as promised. This may mean that they haven’t been paid at all, or received less than the full amount. Disagreements often happen when a contractor files a lien on the property. An owner may claim work wasn’t finished or wasn’t done correctly when it was. On the other hand, a contractor may actually fail to do or finish the work, or claim it was done well when it wasn’t.

    There are some things that need to happen in order to preserve certain rights, as a contractor or as a homeowner. One of those is the posting of a Notice of Commencement on the job site before work begins. This document includes a description of the work being done, the property owner’s name, where the property is located, and the amount of the bond, if there is one. If you don’t know how to write such a notice, your Florida construction attorney can help you. Remember that it’s very important to post this notice because, if not, or if the information on the notice is wrong, you could end up been prevented from pursuing certain rights.

    It’s also a good idea to ask you contractor for releases of lien from anyone who serves a Notice to Owner. This is necessary because it means workers can’t place a lien on a property because the general contractor failed to pay them (however, if you are a worker in this type of situation, you can still take legal action against the general contractor so that you can be paid). A Florida construction attorney will be able to explain your options.

    What If I’m A Contractor Trying to Get a Client to Pay Me?

    This is another possible cause of construction litigation. When requesting payment from the property owner, you should include a sworn certification letting them know the following:

    • There are no outstanding liens from suppliers, subcontractors, etc., as of the date of the request.
    • All bills that are considered due and payable have been taken care of, or are included in the request.
    • Other than the above bills included with the request, there are no known reasons for anyone to file a lien on the property.

    What If I Have Sent Several Requests and Still Haven’t Been Paid?

    This is the point when many contractors seek an attorney. In general, it’s better to contact a lawyer sooner rather than later to ensure you’ve covered everything that needs to take place in order to preserve your rights, including your lien rights.

    If you are a subcontractor and did not contract directly with the property owner, you will need to serve a Notice to Owner within a specific period of time. When this doesn’t happen, the contractor will not be able to file a lien on the property. This Notice to Owner should have the lienor’s name, a description of the property and services or materials delivered, and a statutory warning statement. It should be sent to all owners named in the Notice of Commencement.

    If you are still getting nowhere after sending several requests, your attorney may be able to help. In some cases, getting a letter from a law firm will nudge a property owner to pay a bill they might have otherwise ignored. The threat of legal action and being tied up in court may prove more bothersome than an unpaid bill. Some lawyers are also able to perform debt collection services. However, if the owner still isn’t budging, your attorney would help you prepare to go to court.

    Remember that you may need to act quickly. You only have a limited amount of time to file a lien after finishing work, services, or delivery of materials on a property. Keep in mind that if the owner asked you to correct any problems or defects after you were finished, this may affect the time-frame limitations.

    Do I Need a Written Contract to Place a Construction Lien?

    Not always.  The court will sometimes recognize verbal agreements, but we still strongly recommend you have a written contract. A properly worded written contract could save you time and money on disagreements you may have with the property owner. If you do go to court, it will be easier to get exactly what you’re owed if it’s spelled out in a contract.

    Can I Place a Lien on a Public Property I Worked On?

    No, unfortunately liens are only for private property. However, you may be able to file a bond claim on a public property. Your attorney can tell you if this is a good option for you.

    Construction Defects

    These can occur in many ways. In Florida, common defects include flooding caused by poor construction or improper drainage, mold issues, foundation damage, defective heating or cooling systems, or roof problems. However, defects may also occur in many other ways.
    A construction defect can be devastating for both businesses and personal homes. For example, say you build a new hotel in Stuart, and the freshly-installed HVAC system fails opening weekend, leaving your guests hot and searching for a new place to stay. You could lose a lot of money, and not just that weekend—this could shape guests’ opinions of your hotel for years. Now not only are you out the money for your HVAC system, you could have lost far more in opportunities.

    Express and Implied Warranties

    Under Florida law, there are two types of warranties in construction work. An express warranty is an official guarantee about the quality or use of a finished product, which is typically included in a sales contract. In our hotel example, an express warranty might say that the new HVAC system is guaranteed to work correctly for six months or a year, and that any repairs required during this time will be covered by the contractor or manufacturer (there is also usually a long list of situations in which repairs are not covered, such as accidental or intentional damage, hurricane or other natural disaster damage, etc.).

    An implied warranty is not a guarantee the contractor or manufacturer explicitly makes, but rather an implied understanding that if someone sells a product or service, it should do whatever the customer was promised it would do. Following the prior example, if you hired someone to install an HVAC system in your new hotel, you clearly expected it to work. There is an implied guarantee that the HVAC system will actually cool the building instead of just sitting there in the walls and doing nothing.

    However, not all cases are clear-cut. Often, there is disagreement between the purchaser and the contractor about what the product or service was supposed to do. Maybe the HVAC system technically works—it turns on and moves the air around and cools the temperature a little, but it doesn’t keep the building at the desired temperature, and guests are still hot. The contractor might say they fulfilled an express or implied guarantee, but you might have believed the system would work much more effectively than it does. In a situation like this, your Florida construction defect lawyer will go over the details with you and evaluate your case. If the difference between your expectations and what could reasonably be implied from the purchase of an HVAC system are hard to prove in court, you may want to discuss other options.

    In some cases, your attorney may be able to negotiate with the contractor. After all, they will have to spend time and money in court defending themselves, too. The other party may want to mitigate their risk by settling with you out of court. For example, maybe they can repair or replace the defective HVAC unit at no extra charge, and make a small settlement to cover your advertising costs for a second reopening. You may feel you’re entitled to more money, but after you consider the time and money that goes into a courtroom case, the settlement might be a better option.

    If you don’t want to settle or can’t come to terms with the other party, your attorney will represent you in court. They will explain the express and/or implied guarantees and how the contractor’s work or product failed to live up to these. Additionally, they will question witnesses and present any other evidence you have of the failed product or service, and its effects on your business.

    Construction Delays

    Another issue with construction may arise when there are significant delays, which can again cost the project owner not only time but also money and business opportunities.

    Sometimes people think they have no legal recourse for such delays because their contract says something about “no damages for delay.” However, it’s important to understand that there may be exceptions under Florida state law. “No damages for delay” may not mean that the contractor can wait two years to start your project when you were expecting them to start next week. State law typically finds these delay clauses unenforceable if the delay was caused by fraud, bad faith, or active interference. Likewise, if the contractor or another party took either intentional or negligent actions that caused an “unreasonable” delay, your lawyer may be able to argue that you deserve financial relief. If you’re unsure whether or not you have a construction delay case, a Florida construction litigation attorney can go over it with you and explain your options.

    Malpractice by Architects, Engineers, or Other Design Professionals

    State law requires architects, engineers, and other design professionals involved in construction to follow regulations and practice care in working for their clients. If one of these professionals made a mistake that caused you or your business injury, you may have a case against them. These are some common reasons for malpractice suits against construction professionals:

    • Design defects. In this case, the problem isn’t that the contractor didn’t do the work as specified by the designer, but that the design itself was faulty or caused problems once built.
    • Non-compliance with building, permitting, or zoning laws. There are both state and local laws to consider in these situations, and most project owners who aren’t in the construction business themselves don’t know what half of them are. The average person who hires an architect or other professional is trusting that contractor to ensure they do things by the book.
    • Underestimating costs or expenses, or overbilling. This is a very common scenario: Josh hires an architectural and engineering firm to build a new dry-cleaning store for his chain. The firm estimates the project will cost $100,000. A few months into the project, he’s told they need additional materials that may cost a few thousand extra. This seems reasonable given the project’s size. But when the project is completed after six months, Josh is adding the bills and discovers the project ended up costing almost $170,000, far more than he budgeted. In many cases, people like Josh may have a case against the firm that underestimated costs.
    • Non-compliance with specifications or plans the client approved. Sometimes the project has been finished and the client then realizes it was done wrong. The designer or contractor may believe it was done to plan, or say that the client’s plans couldn’t be done for one reason or another. In some cases, this may be true, but if there is a reason the approved plans can’t be finished—such as safety, impracticality, or local zoning laws—the professional’s job should be to explain this to the client before proceeding.
    • Not addressing issues in a timely way. If the designer failed to bring a challenge to your attention, or did not address issues you brought up, you may also have a case.
    • Not properly supervising a job site. The architect, engineer, or designer may need to keep an eye on the site as work proceeds in case the construction crew have misunderstood the plans or are making some mistake as they build. In some cases, you may have a case against both contractors—the construction supervisor was supposed to ensure the plans were followed, but the architect, engineer, etc., should have visited the site frequently to ensure the supervisor was also following plans.
    • Unreasonable delays causing financial losses. If your project was held up not because the construction crew never started but because the designer didn’t get plans done or didn’t address issues in time, you may have a case.
    • Misrepresentation or omission of crucial facts. If a design professional forgot to tell you an important feature of your building couldn’t be done or that it would look significantly different than you’d planned, this can also cause problems.

    Is There a Statute of Limitations for Construction Lawsuits?

    Yes. You should contact an attorney as soon as possible to understand all your options. In most cases, you have four years to file a lawsuit after the most recent of the following occurs:

    • The date the owner took actual possession of the newly constructed or reconstructed property.
    • The date a certificate of occupancy was issued.
    • The date construction was abandoned if it was not finished for any reason.
    • The date the contract between the contractor and contractee was completed or terminated.

    However, there are some exceptions. If the lawsuit is based on a latent or hidden defect, something that was not immediately apparent to the owner when the project was finished, then the statute of limitations starts when the owner becomes aware of the defect. Or, in some cases, the court may rule it begins when the owner should have been aware of the defect if they had practiced due diligence.

    Is There Anything I Can Do to Reduce My Risk of Construction Litigation?

    Yes. You should hire an experienced Florida construction attorney right away. They should be able to go over all contracts you’re considering signing and bring any issues to your attention. If necessary, they may be able to negotiate with the other parties so you can get better terms. Your attorney can also explain any risk factors you may have, and your options for reducing these. In some cases, negotiating to add, remove, or change certain clauses, phrases, or even words may help mitigate the risk.

    Your lawyer will also analyze the terms of the contract, and help you understand if it is written unfairly in the other party’s favor. Often, people who do not have a legal background are unsure if a contract is overly aggressive or problematic in other ways.

    Once the contract is signed, your attorney will be there for you in the event that the other party has not lived up to their end, or any other legal issues arise in construction. They can also ensure you are up-to-date on zoning laws and help you avoid issues with local government. If there are difficulties with neighbors or encroachments, they can advise you on these as well.

    Sometimes, people think they don’t need a construction litigation attorney because they aren’t having any disputes… yet. Or, perhaps a friend or colleague completed a similar project and never mentioned needing a construction lawyer. However, many difficulties can be headed off by having appropriate legal representation before there’s a disagreement. You can read Florida Construction Law Compendium here.

    If you need assistance with construction law issues, or have questions about any potential legal matter, please contact Apfelbaum Law for a consultation. You can also check out our Construction Litigation Practice Area for more information. We have offices in Port St. Lucie and Stuart, but provide legal services throughout the Treasure Coast and Florida.

  • Business Litigation Florida

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    People in various industries want to focus on their work, not settling disputes in court. Unfortunately, sometimes this does become necessary for various reasons—misunderstandings, another party failing to live up to their obligations, issues with contracts, poor work quality, fraud, internal issues (like shareholder disputes or partnership problems), and many other challenges. If you are dealing with such a situation, you may need the help from an experienced Florida business litigation attorney who may assist you in negotiating the dispute and argue your case in court, if necessary.
    How Do I Know When I Need an Attorney?
    In general, you should consult with a business lawyer if you believe you may be facing an issue with your business; such as, if your company is being sued for any reason, if a person or entity’s actions have cost you a significant sum of money, if you believe a contract with a person or entity has been breached, if you need to execute a non-compete agreement, you think your business has suffered tortious interference from another company, or if there is any kind of shareholder or partnership dispute.
    In situations where the monetary loss is relatively small and you’re simply unhappy with the quality of a product or service, it’s usually not worth the time and money to sue another company. For example, if you feel your cleaning service overcharged you $300 last month and they say they didn’t, it’s going to cost more in legal fees to take them to court over it than you would recover. In these types of situations, you may be better served by appealing to customer service, calling the Better Business Bureau, or leaving a critical review and finding a new cleaning service.  Notwithstanding, it may still be wise to consult with a Florida business litigation attorney to discuss whether there are other matters you may not be considering.
    Florida Complex Business Litigation Rules
    Certain counties in Florida have specific courts, judges, and rules relating to complex business litigation matters. Cases that are considered “complex” business litigation may be automatically transferred to Business Court in the district where they’re filed, and follow specific rules used to promote fast and efficient resolution of business litigation cases. For instance, one rule requires that parties meet and confer before any official court hearings. Your attorney will help you prepare for this meeting.
    Under the Florida Rules of Civil Procedure, a “complex” business case involves “complex legal and case management issues requiring extensive judicial management” for the purpose of moving along the case, encouraging effective decision-making by the court, counsel, and parties, and for keeping costs at a reasonable level. The court decides complexity based on how many parties are involved, the number of witnesses or amount of evidence, and the novelty of issues.
    If a case isn’t automatically transferred to the Business Court, any party in the case may be able to ask for the case to be declared complex. The court will make a decision whether or not to transfer the case based on the above complexity rules and other rules of each particular court. You can read more about the Complex Business litigation in Florida here.
    Contract Disputes
    Contract disputes can lead to Florida commercial litigation in many ways. Often, the problem comes down to a misunderstanding of the contract. One party thought a clause meant one thing while the other thought it meant something else, or wasn’t clear on all the ramifications. For this reason, we advise people to read contracts carefully and speak with a qualified business attorney to ensure they understand all the terms before they sign them.
    How Can I Get Out of This Contract? Or, Can I Sue This Person/Business for Not Fulfilling the Terms of This Contract?
    While under Florida law you may not be able to get out of a contract just because you made a mistake or misunderstood it, there may be some legal means to void a contract depending on other circumstances:
    Is the contract impossible to fulfill? If there is some genuine reason you can’t fulfill the terms of the contract, the court may agree not to enforce the contract. For example, in a pandemic situation many people may find they can’t fulfill their obligations due to lockdown orders, travel restrictions, etc. You may not be able to sue someone for failing to perform an obligation if there was no reasonable way they could do it. However, if you prepaid a service, you may be entitled to a refund in some cases.
    Was there fraud or misrepresentation? If you signed a contract because you were made to believe something false and would not otherwise have signed it, you may be able to argue the contract is invalid. For example, if you agree to purchase six new trucks for your company’s delivery business only to get them and discover there are signs of significant use and disrepair, you may be able to argue the other company misrepresented their product. You may also be able to claim fraud if a salesperson promised you a product or service would provide some result or benefit, but it didn’t.
    Was the Person Who Signed the Contract of Sound Mind and Legal Age? In some cases, a contract dispute may be based on the claim that one party wasn’t of sound mind, or lacked capacity, to make that decision. For example, let’s say that your company employs door-to-door salespeople to sell siding and roofing services in Port St. Lucie and Stuart. One of them secures a large contract with Mrs. Smith to redo all her roofing and siding. The next week you get an angry call from Mrs. Smith’s nephew who says your company ruthlessly took advantage of someone suffering from dementia and there’s no way she’s paying for any siding and roofing. Your salesperson may not have knowingly taken advantage of Mrs. Smith—many people with dementia or other mental or cognitive issues can temporarily seem perfectly lucid, especially to a stranger. However, if Mrs. Smith’s lawyer can prove she lacked the capacity to sign the contract—especially if the nephew or another relative has been named her legal guardian or conservator—the judge may declare the contract void.
    Contracts with minors under the age of 18 are usually not considered valid unless they are signed by the minor’s parent or guardian.
    A Florida business litigation attorney should be able to discuss the circumstances of your case and assist you in evaluating the particulars of your business dispute.
    Breach of Contract Lawsuits
    If another party to a contract is able to fulfill their obligation but does not do so, you may have grounds for a lawsuit. A breach occurs if one party does not do what they agreed to, does something they’re not supposed to, or somehow prevents you from fulfilling your commitment.
    Lawsuits should be based on material breaches. A material breach is something that has a significant effect on the main purpose of the contract. For example, if a company agrees to service your grocery store’s refrigeration units on the first of every month and they don’t show up in January or February, they may have breached the agreement. Your refrigeration units may be suffering from lack of maintenance and may even fail to work, leaving you with losses in stock. This could constitute a material breach. However, if the company comes on January 2 and February 3, but they still service your refrigeration units appropriately, this is likely an immaterial breach. Unless waiting one or two extra days for service seriously damaged the units, this breach may not really affect the heart of the contract.
    Shareholder and Partnership Disputes
    Unfortunately, disputes between co-owners of a company, or between its shareholders, are not uncommon. Sometimes, people simply have different ideas about how the business should be run. In other situations, one partner’s actions may have endangered the business. A partner or shareholder may have done something illegal or unethical, or you may simply have lost confidence in their ability to fulfill their role in the company. Here are some of the different types of disputes that may result in Florida commercial litigation:
    Breach of Fiduciary Duty: An owner, partner, shareholder, or other executive of a company has a responsibility to act in the company’s best interest. If they make a decision that doesn’t further the company’s interests, or causes it harm, they may have breached their fiduciary duty. Everyone makes occasional mistakes in business, but reckless decisions or choices that cause severe setbacks or losses may be grounds for a lawsuit.
    Shareholder Oppression: This is a situation where minority shareholders believe the majority shareholders are intentionally making decisions to harm or disadvantage the minority shareholders. For example, the majority may vote to change the voting rules so the minority shareholders have even less ability to contribute to company decisions. Or, the majority may make decisions that cause a disproportionate financial burden on the minority shareholders with little to no effect on the majority.
    Deadlock Disputes: These can be challenging because there is no easy or clear solution. Either two partners have come to an impasse, or the shareholders have voted and reached a tie. In some cases, if efforts at mediation fail, a judge may have to step in, which may entail the company’s dissolution. Unfortunately, there may be another dispute looming in the future if the partners have very different opinions about how the business should be run. In some cases, the company’s owners may want to consider one or more of the owners being bought out by the other(s), selling the business to a third party, or splitting the profits and go their separate ways. Sometimes, one of these solutions may be best for the company in the long run, even if a judge has settled the most recent dispute in the short term.
    Derivative Suits: Sometimes a company has a legitimate legal claim but the owners or majority shareholders refuse to do anything about it. In this case, a shareholder may file suit for the company. There are specific rules and precedent determining when specific lawsuits may have to be brought as derivative actions of the company, when others may be lawsuits that can be bought on the owner’s own name.  A Florida business litigation attorney may be able to assist you in evaluating your corporate dispute.
    Direct Suits: These are leveled against the company by a shareholder for damages suffered by the shareholder. 
    Self-Dealing Suits: These happen when a fiduciary uses their considerable power and influence in the company to advance their own interests. For example, if Tony makes a deal that benefits his personal finances but negatively impacts the company, this may be a self-dealing problem the shareholders want to deal with. Maybe he turns down lower contract bids and instead accepts a higher one from a company he owns a lot of stock in. Maybe he allows someone to extort or bribe him into revealing company secrets, at the company’s expense. These are all situations where Tony’s partners or the shareholders may want to file suit against Tony.
    Is Going to Court the Only Way to Resolve This Dispute?
    People often ask this question. It depends on the situation and parties involved but, in many cases, there are other alternatives we can try first such as demand letters, pre-suit mediations, and other alternative dispute resolutions. Mediation allows the parties to sit down with a neutral third party and try to work out their differences. Any agreements made in mediation are voluntary and non-binding. Arbitration works in much the same way as mediation but, in this case, agreements are binding and final. The arbitrator is a neutral third party who will oversee the process and come to a final decision as a judge would.
    In many situations, it’s worth at least trying to work things out with mediation. If these attempts fail, you and your attorney may decide proceeding to court is the only option. Mediation and arbitration are often less time consuming and less expensive than a lengthy courtroom argument. They also allow you to work out your issues in a more private manner. An internal dispute battled out in court may attract media attention that you company doesn’t want.
    If you need assistance with your commercial litigation case, or have questions about any potential legal matter, please contact Apfelbaum Law for a consultation. You can also check out our Business & Contract law Practice are for more information. We have offices in Port St. Lucie and Stuart, but provide legal services throughout the Treasure Coast and Florida. 
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  • FUNDRAISER COVID-19

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    Apfelbaum Law Helps Local Restaurants, Healthcare Workers, First Responders—and You Can Too!
    At Apfelbaum Law, we know times have been difficult for everyone. Many local businesses are struggling, including restaurants that used to rely on dine-in traffic. We also very much appreciate how hard healthcare workers and first responders are working to keep us all healthy and safe.
    So, we came up with a plan to help!  Apfelbaum Law will be collecting donations to purchase food from restaurants located in St. Lucie and Martin Counties, and we will be donating this food to our healthcare workers and first responders so that we can give back to both groups at the same time.
    We’d like to encourage others in the community to join our efforts, so Apfelbaum Law will be matching donations up to $2,000.  Apfelbaum Law will be selecting restaurants and food recipients on a weekly basis while we can continue this program.
    We appreciate you joining us in our efforts to help our local community! Please click here to donate!
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