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Monthly Archives: October 2015
What to Look for in a Bankruptcy Attorney
Written by: Michaella Radich
Finding the right bankruptcy attorney could mean the difference between regaining financial security and prolonged struggling. There are five key things to look for in a bankruptcy attorney.
Cost
Legal fees are one of the most important factors to a client, but when it comes to legal assistance, you truly do get what you pay for. Most bankruptcy attorneys use a fairly standard pricing system for liquidation and person reorganization. The fee should include several services, like: consultation and financial analysis; the preparation of the bankruptcy petition; a review of the petition; attendance at the meeting of creditors; and follow-ups with creditors, if necessary. Some services, like litigation, however, are generally not included in a bankruptcy attorney’s flat fee. So, it is important to ask the attorney what costs could arise from any litigation resulting from the bankruptcy case.
It is important not to choose a bankruptcy attorney solely based on price. An attorney who charges significantly less than others in the same area and field, may not be very experienced with bankruptcy cases or may cut corners in handling your case.
Expertise
Technically, any attorney can handle bankruptcy cases, but it is best to choose an attorney who has handled a sizeable number of bankruptcy cases. An attorney’s number of years of experience isn’t as important as the percentage of bankruptcy cases they have handled. An attorney with decades of experience, who offers a number of different legal services, may be less qualified to handle a bankruptcy case than an attorney with less experience who focuses heavily on bankruptcy cases.
Up-to-Date on Code Changes
The Bankruptcy Abuse Prevention and Consumer Protection Act was enacted in 2005. While this law may not have any effect on your particular bankruptcy case, it is virtually impossible for someone who is not a lawyer to determine the law’s potential effect. Not all attorneys are up-to-date on the changes to Bankruptcy laws. The best way to judge an attorney’s knowledge is to ask in your consultation if the 2005 law will affect your case. If your attorney cannot answer this broad question, they might not be as caught up as they should be.
Personal Attention
Avoid getting run through the “bankruptcy mill,” by an attorney or firm that pays little attention to individual client’s specific needs. Being “run through the mill” often results in shoddy legal work and a disappointed client. A good way to avoid falling victim to the mill is by contacting the local bar association, who generally would not recommend such a firm. Avoiding a high-volume firm is another good rule of thumb for avoiding bankruptcy mills, as they usually pay less attention to individual needs.
Attorney-Client Relationship
Never choose an attorney who you personally don’t feel comfortable with. Even if the attorney is affordable, trustworthy, and well qualified, a good attorney-client relationship is paramount in bankruptcy cases because they are often very emotional life moments for clients.
If you are considering filing for bankruptcy, let Blick Law Firm assist you in maximizing your recovery and receiving the full benefits you are entitled to. Call our office at 888-973-2776 to schedule a consultation with an experienced bankruptcy attorney today!
Posted in Bankruptcy, Blog
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Pulled over? Know your rights! | Criminal Defense
Written by: Michaella Radich
Everyone gets a little anxious when they see police lights flashing behind them. The most important thing to remember if you are pulled over is to remain calm. Speak to the law enforcement agency in a polite manner, and cooperate with him or her, as long as your civil rights are not being violated.
If you are stopped by police, pull over in a safe spot and turn your vehicle off. Turn on the interior light and roll your window partially, keeping your hands visible. Upon request, show the officer your driver’s license, proof of insurance, and registration.
What exactly are your rights when you’re pulled over in Florida?
You have the right to your own personal safety.
This means that the officer cannot force you to pull over in an area where traffic poses a threat to your personal safety and well being, or the safety of any passengers in the vehicle. The law enforcement agent must also respect your personal safety when you are being handled physically. An officer may ask to pat you down or search your vehicle, if they have reasonable suspicion, but as long as you are cooperating with the officer, any form of physical injury or abuse is unacceptable.
You have the right to remain silent.
Anything you say, even before the time of your official arrest, can be used to incriminate you in a court of law. The safest questions to answer when you are pulled over are your name, your address, and your date of birth. If you feel uncomfortable answering any of the questions the office asks you, calmly and politely tell the officer that you choose to remain silent. Your passengers may also exercise their right to remain silent.
You or your passengers may ask the police officer if you are free to go or if you are under arrest. If the officer states that you will be arrested or that you are not free to go, you have the right to remain silent until you consult with your attorney.
You have the right against illegal search and seizure.
If police suspect you have a weapon, they may pat you down. Beyond that, you have the right to refuse consent to search you or your vehicle. Refusing consent to search does not give law enforcement probable cause. But, it is important to remain calm and polite at this point, because officers who perceive your tone of voice as threatening or defiant, may try to use this as probable cause to get around your refusal for consent.
In any case, remaining calm and non-violent will ensure your personal safety and the safety of your passengers. If you feel any of your civil rights have been violated when stopped by a law enforcement agent, think quick and call Blick! Our expert criminal defense attorneys are here to help. Get a free case evaluation by calling 888-973-2776 today!
Posted in Blog, Criminal Law
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Tampa Traffic Proves Fatal for Pedestrian
Written by: Michaella Radich
On the morning of Tuesday, October 6, 2015, a 17-year-old student of Chamberlin High School, Alexis Miranda, was crossing Busch Boulevard, when she was struck by a car and killed. The incident occurred about two blocks west of North Boulevard. Sadly, this type of fatal accident involving pedestrians is not uncommon in the Tampa area.
After the death of an 8-year-old girl on Busch Boulevard in 2013, Tampa City Council announced that increasing pedestrian safety on Busch was an urgent matter. As part of this effort, the city paid $1 million to fix sidewalks, repaint crosswalks, and add crosswalk countdown signs for pedestrians.
The major problem for pedestrians on Busch Boulevard, is that there are stretches as long as half a mile, without any crosswalks at all. This means many pedestrians try to cross the four- and six-lane road at their own discretion. Busch Boulevard, however, is not the only road where these fatal accidents involving pedestrians occur in Tampa Bay. East Hillsborough Avenue was the scene of crashes killing two 15-year-old pedestrians, one in 2011 and one in 2014.
Being cautious and aware of your surroundings is the best way to stay safe, whether you are walking or driving. For pedestrians, it is crucial to cross in designated crossing areas, because this is where drivers are actively looking and expecting for them to cross. Flashing lights have been added to many crosswalks in the Tampa area to increase driver awareness and pedestrian safety.
As a driver, you not only have to look out for other vehicles, but for pedestrians. While pedestrians should use crosswalks, especially on busy roads with multiple lanes, they often cross in areas that are not designated. For the safety of the pedestrian and driver, drivers should always be on the lookout for pedestrians crossing the street and veering off sidewalks.
Should you or a loved one be involved in an automobile accident, Blick Law Firm is here to help you. Visit our office or call 888.973.2776 for a free consultation with one of our trusted personal injury attorneys today!
Source: http://www.tampabay.com/news/publicsafety/accidents/chamberlain-high-student-17-struck-and-killed-by-car-in-tampa/2248543
Posted in Blog, Personal Injury
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Motorcycle Safety | Personal Injury
Written by: Michaella Radich
Traffic accidents are the leading cause of death and disability in the United States. While 20% of car accidents result in death or injury, a whopping 80% of motorcycle accidents result in death or injury. Additionally, motorcyclists are 16 times more likely per mile traveled than vehicle passengers to die in an accident.
What can you do to prevent motorcycle related injury or death?
As a motorcyclist, there are several precautions you can take to protect yourself while on the road:
- Complete a rider education and safety course before operating a motorcycle, so that you have the basic knowledge and skills needed to drive a motorcycle
- Wear a helmet (helmets are 67% effective in preventing serious brain injury)
- Make yourself visible to drivers by always using headlights and brake lights and wearing reflective gear
- Wear thick protective clothing that covers your skin
- Never weave in and out of lanes
- Give yourself and other motorists enough time and space to react
As a driver, a heightened awareness for motorcyclists on the road can be crucial to their safety and your own. The following are some safety precautions to take when sharing the road:
- Leave a full car length and full lane’s width between your vehicle and motorcyclists
- Remember that inclement weather and poor road conditions cause serious threats to motorcyclists’ safety, so their driving patterns may unexpectedly change in these situations
- Always be on the look out for motorcycles, as they are small and difficult to see
- Be aware that from your vehicle it is difficult to judge the needed stopping time and distance for a motorcyclists
- Check your blind spots actively before switching lanes
After a crash, an injured motorcyclists’ life depends on rapid and appropriate emergency medical treatment. Injury severity and timing are critical to the motorcyclist’s survival. If you witness or are involved in an accident involving a motorcycle, dial 911 immediately.
As always, Blick Law Firm has your best interest and personal safety in mind. Should you or a loved one be injured in a auto accident, we are to help. Contact us at (888) 973-2776 to schedule a free consultation with one of our trusted personal injury attorneys today!
Sources: nhtsa.gov, msf-usa.org
Posted in Blog, Personal Injury
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Florida’s Domestic Violence Laws Explained
Written by: Michaella Radich
Domestic violence is assault caused by a family or household member (people related by blood or marriage, including former spouses) to another family or household member. Assault can manifest itself as aggravated assault, battery, stalking, false imprisonment, or sexual battery. If any cause personal injury or death, then there is reason to initiate an assault case. 
Punishments vary from case to case, depending on the circumstances, but the minimum penalty for domestic violence is five days in county jail. Alternative punishments include probation and community service.
Assault charges can lead to other charges, or assault charges can be combined. The nature of the case determines whether it is domestic violence or battery. According to Florida State Law, domestic violence is a second-degree misdemeanor, while battery is a third-degree felony or first-degree misdemeanor. Charges and sentences differ if a restraining order was filed against the defendant prior to the incident.
If you or a loved one are the victim of assault, don’t wait to take legal action. Contact us at (888) 973-2776 to schedule a free consultation and speak with one of our trusted criminal defense attorneys!
Source: http://www.getnews.info/509621/scott-explains-domestic-violence-laws-in-the-state-of-florida.html
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Personal Injury Lawyers are Exposed to New Market, Thanks to New Drone Law
Written by: Michaella Radich
The Freedom From Unwarranted Surveillance Act may help Florida personal injury lawyers to establish themselves in a new field. The bill, passed last session and signed by Gov. Scott in May, makes using unmanned aircrafts to take photos or record videos of people on private property illegal in the state of Florida.
Matt Grosack of DLA Piper Global Law Firm in Miami, calls drones “probably the most disruptive piece of technology to the expectation of privacy that we’ve seen in many, many years.” He expects the cost of actual damages in drone cases to be relatively low. It will also be difficult to file a suit, because there must be a permanent record of the surveillance and proof of intent to commit surveillance, or collect information on someone, Grosack explains. Even if the damage costs are low, a defendant might be ordered to pay the attorneys’ fees on top of damages, if the necessary proof is there, though.
The future for drones and drone laws is uncertain for several reasons. First, the technology of drones is changing at a very rapid pace. Advancements in the field, therefore, are unpredictable. The way drones laws are enforced depends on the language with which they are written. Some argue that the Florida law, based on its language, is a civil law, meaning any officer can respond to a call and file a report. The drone industry – incubators, manufacturers, and suppliers – is growing and spreading to new places, including South Florida. The industry is valued at $82 billion and could potentially create 100,000 new American jobs over the next ten years. Many states, like Florida, have been working hard to pass legislation before the drone industry grows even further.
There is no uniform approach to how drones should be used legally, but laws and precedents involving trespassing, privacy, air traffic, and interference with government agencies, will be useful to law makers as more laws and regulations on drones are proposed in the near future. At this time, no bills changing Florida’s 2015 drone law have been filed for the 2016 legislature.
Source: http://flaglerlive.com/83006/drones-florida-laws/
Posted in Blog
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