Socked With Legal Problems? Get An Attorney To Help You
When a legal issue arises, it is important to have a truthful, smart, experienced lawyer. It may be difficult, however, to find this type of person. Continue reading to learn how to obtain a great lawyer for your case.
Review a lawyer's history before hiring them. Just because the lawyer is allowed to practice does not mean that he is successful. Once you know his track record, you'll be able to make a smart hiring decision.
Consider having a lawyer on retainer to prepare for the worst before it happens. By doing this, you won't be quite as stressed. Instead, you can take time to find the best lawyer for you. Keep a good lawyer on retainer so you can get legal advice anytime you need.
Decide what specific legal services you need ahead of time. Are you 100 percent sure that you require the services of an attorney? There are many reasons why you might need one. While your case may not fall into any of these fields, you may still need a lawyer.
Choose a lawyer for a reason, not because of a fancy ad, commercial, or slick website. It is hugely important to research your choices to ensure you get the best. You might select a random lawyer and later discover that he or she had lost her license! Be careful when choosing legal representation.
Make sure your lawyer and you can meet in person to discuss the case regularly. You do not want a lawyer who meets you once and then disappears for months at a time. Establishing a schedule early on will help you avoid these type of problems.
After reading, hopefully you know what a good attorney looks like. Think over what you have read here while you're meeting with lawyers you may hire. Your chances of getting a good outcome will be better.
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Steven J. Adamczyk, Special to TCPalm Published 7:00 a.m. ET March 25, 2018 Steven J. Adamczyk Esq. is a shareholder of the law Firm Goede, Adamczyk, DeBoest & Cross. Editor’s note: Attorneys at Goede, Adamczyk, DeBoest & Cross, PLLC, respond to questions about Florida community association law. The firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law. Q: Our community has a very strict tenant screening process and my neighbor has had multiple tenants denied due to poor background checks. The board adopted a rule requiring the background checks, but we can’t actually find anything about this in the Declaration itself. Is this a valid protocol? A: Florida law supports the right of a condominium association or homeowners’ association to review and approve prospective leases and tenants. If the Declaration does not authorize the board to approve or deny based on criminal history, then you must analyze whether the rule is valid. This requires a legal opinion and is very fact specific based on the actual governing documents in your case. If the Declaration provides, for example, only that the owner is required to provide a copy of the lease to the association, the implication is that the Board has no right to approve or deny and that the board only has a right to demand a copy. In this situation, the rule may be invalid and the Association should amend the Declaration to include these lease approval requirements in the Declaration itself. If the Declaration provides, for example, only that all leases must be approved by the board, this may be sufficient authority for the board to adopt a rule or resolution setting forth good cause for denial. So, it is possible that the rule is valid, but you should first have the Declaration and the rule analyzed by a licensed Florida attorney to determine whether the authority is properly vested in the board. Q: Our condominium association is involved in litigation with one of our owners. The owner has requested to review minutes of meetings between the board and its attorney to discuss this litigation. The minutes include votes on settlement parameters and include opinions of our counsel. Are we required to make these available? A: This is a good question because the Florida Condominium Act does require that the Board keep minutes of every board meeting, and that minutes are official records that must be made available to owners when requesting access to official records. On the other hand, the statute also provides that owners are not entitled to access official records which includes any attorney client privilege or attorney work product prepared in connection with a lawsuit. The statute does not actually provide that minutes concerning a board meeting with counsel are exempt, but I would advise my clients to protect those minutes until the litigation is resolved. Providing access to settlement parameters would severely hinder the Association’s negotiating position and attorney client privilege is sacred and should not be waived during the pendency of litigation absent a clear intention to do so.
For the original version including any supplementary images or video, visit https://www.tcpalm.com/story/money/real-estate/2018/03/25/associations-rule-regarding-tenant-screening-process-valid/426095002/
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