Civil litigation is the legal process for resolving personal or business disputes between two or more parties that usually involves filing a lawsuit for monetary compensation or for the enforcement of a right. When civil litigation arises, parties usually have exhausted all other means to resolve the dispute and are looking for a way to enforce their rights. Our firm is prepared to enforce our clients’ rights through pre-suit negotiations and to file a lawsuit in state or federal court if needed.
Our firm handles many types of civil disputes, including:
Labor and Employment – A variety of issues can arise in the employer-employee relationship, including contract issues, non-compete provision, wage disputes, discrimination and harassment claims and intellectual property issues. We represent employees and employers who are faced with legal challenges or disputes. Our firm can also help employers avoid these issues by drafting and implementing employment policies and procedures.
Breach of Contract – Contract disputes often arise in the implementation or enforcement of commercial contracts. Our firm represents clients in interpreting and enforcing professional, business, and service contracts to ensure that the interests of our clients are protected.
Business/Partnership Disputes – Business partnership disputes often arise for various reasons as partners operate a company and work together. Some of the most frequent reasons for partnership disputes arise from breach of fiduciary duty, authority disputes, violation of non-compete agreements, disclosure of confidential information, and failure to fulfill certain obligations. Our firm assists clients in litigating partnership disputes to protect their interests. We also assist clients in preventing disputes from arising by drafting comprehensive partnership agreements that clearly delineate each party’s rights and responsibilities.
Landlord/Tenant – Landlord/tenant disputes typically involve lease violations, failure to pay rent, and/or lack of maintenance of a residential or commercial property. Our firm represents landlords and tenants in such disputes, including pre-suit negotiation, ejectment, eviction, and unlawful detainer actions.
Title and Boundary Disputes – Title and boundary disputes often require quiet title actions, prescriptive easement, ejectment, or declaratory judgment.
Property Insurance Claims – Insurance disputes regarding residential or commercial property losses typically include disputes regarding coverage for damages or disputes regarding the scope of damages and repairs.
Construction Litigation – Disputes arising out of construction defects requires the use of expert witnesses with technical knowledge of the construction process to successfully prosecute. Our firm handles construction disputes in pre-suit negotiations and litigation if needed.
Condominium and Homeowners’ Association Disputes – Association disputes can include breach of fiduciary duty, property title disputes, injunctive relief, arbitration or mediation settlement enforcement, and financial matters such as fines and assessments.
Mortgage Foreclosure – Foreclosure is the legal process by which a lender attempts to recover the amount owed on a defaulted loan by taking ownership of the mortgaged property and selling it. Typically, default is triggered when a borrower misses a specific number of monthly payments, but it can also happen when the borrower fails to meet other terms in the mortgage document.
Probate, Wills, Trusts & Guardianship
Probate – The term “probate” is used in connection with the process of administering a decedent’s estate. In Florida, the probate court has jurisdiction over both probate and guardianship matters. Our firm represents clients involved in disputes over the legitimacy of a will, trust, or power of attorney, the administration of an estate or trust, or the appointment of a guardian or conservator.
Guardianship – Guardianship is the court-supervised process of managing a person and/or their property if they are unable to manage for themselves.
Legal Malpractice – Legal malpractice is when an attorney fails to act reasonably and responsibly while representing their client. Common examples of legal malpractice may include failure to file the case in court within the statute of limitations, failure to meet court deadlines, incorrectly applying the law to your case, making settlements without your consent, violating the attorney- client privilege, mishandling the funds in retainer, charging an excessive fee, and committing other fraud.
Accounting Malpractice – Accountants and accounting firms are held to professional standards governed by their industry. When accountants provide services such as tax preparation, business consulting, and wealth management, accountants must follow their industry standards. In cases where an accountant fails to abide by their professional standards and their clients consequently suffers financial loses, accountants may be subject to a malpractice lawsuit for their errors and negligence.