I specialize in personal injury, criminal law, homeowners' rights.
14. Sometimes people regret their decision in hiring a particular lawyer. Sometimes the fault is with the lawyer - some lawyers do a bad job when it comes to returning phone calls, or keeping a client informed about the progress of a case. Some lawyers make promises to their clients and don't follow through. Sometimes a lawyer will mislead a client, causing a break-down of trust. Sometimes there will be a misunderstanding that, although not really the fault of either the lawyer or client, makes it hard for them to work together. Sometimes the attorney-client relationship breaks down for other reasons, such as a conflict of personalities. And sometimes it is the lawyer who will initiate the termination of the attorney-client relationship.
13.Not seeking medical care — If you've been in a car crash, seek immediate medical attention. Never attempt to assess your own injuries, and never minimize them to witnesses or medical personnel. Admitting fault — Some injury victims admit fault immediately after the accident only to realize later on that the accident was caused by another driver. You don’t know who or what caused your accident — focus on your safety and health first. Signing without a lawyer — You may receive a settlement offer from an insurance company. Never sign or settle anything without at least speaking to an attorney. Insurance companies often throw out low-ball offers in hopes of resolving claims quickly and cost effectively. Failure to follow your doctor’s orders — If your doctor gave you specific instructions regarding your injury, it is vital to your health and your legal case that you follow those orders closely. Proceeding without a lawyer — Personal injury law is complex and confusing. With or without a lawyer, you may encounter any number of pitfalls on your way to obtaining compensation. By having an experienced attorney by your side, you greatly increase your chances of successfully recovering damages.
12. Clients sometimes don't understand that their decision to hire a particular lawyer is not irrevocable. That is, they have the right to change lawyers. They are not stuck working with a lawyer they don't like or believe to be incompetent - while the former firm will typically be entitled to reasonable compensation for work performed to the time a new firm takes over, a client can move a personal injury case to a different law firm.
10. If you understand me, you know what my point of view is. Maybe it is too cynical, harsh, or wrong but I doubt it. Insurance companies are, if not in a liberal sense, immune from prosecution. Research yourself how influential they are. I accept that. That is America but because I know where the legal and political land mines might be buried, I have knowledge. You know the saying about "knowledge is power". The government has given insurance companies subsidies and breaks that dwarf that which is given to the "undeserving " poor. Look it up. The perks , tax breaks, laws, stipends, etc. that are given to carriers dwarfs what is given to even the "undeserving? poor. It is so much fun knowing what I know and with the criminal law background I have. I might be as impotent as the rest but maybe not and my time will come to take on the oligarchy.
According to RESPA, the lending institutions have 20 days to respond
to letters directed to them and their predatory lending practices.
According to law they have 60 days to negotiate in good faith. They do
neither.
Since the days of Bonnie and Clyde, the goal of banks is to foreclose
on your property. Loan modifications are a sham. It is next to
impossible to find someone with whom to negotiate. I am a forensic
lawyer with the most expert of mortgage people on my side. I will not
lie and tell you, that they respond to me easily. Their goal is he
same. Stall until you are foreclosed on.
I have a wealth of information about criminal law, predatory lending,
personal injury law, and other areas and if I do not know the answer
I can find you someone who does know the answer.
My criminal law background as a high level prosecutor and defense
lawyer makes me uniquely qualified to answer your questions. The banks
behavior in so many instances is criminal. Nobody goes to jail because
the government has neither the resources nor the desire to bring the
banks and the American economy to ruin. Trust me when I say the banks
have never been your friends, irrespective of their multimillion
dollar advertising campaign in which they appear to be you "friendly, neighborhood bank".
9. I have spent a lot of time around police. I was a prosecutor and a bureau chief in a Long Island prosecutors office. I mention that because police have been known to have very long custodial conversations with people who have been arrested. In murder cases, the lead prosecutor will ask questions or take the defendants statement after hours and hours of interrogation.
Be careful with insurance companies. They will ask cross examine you in the same way until they get the answer they are looking for. Then they will ask you if they can tape record the statement if it is a two party tape recording state, like Florida. Your sworn telephone conversation will undoubtedly be minutes long with only that information that will ruin tour case and deny you money to which you are entitled. You really do need a lawyer. Insurance companies are fast. They will get to you as soon as you are home from an accident in many cases.
“Why do you need an attorney? I’ll work with you on the claim.” So say the adjusters, who have two jobs; collect premiums and deny claims.
Adjusters usually want to prevent a personal injury attorney from being involved in a case. This is true because:- The price tag of a claim almost invariably goes up when an attorney enters the scene.
- The claim is more complicated to handle, since the adjuster’s dealings must now go through the attorney.
- The claim file will likely stay open longer and may go into suit.
1. The United States government has given criminal amnesty to the largest
financial institutions in the world. in return, these lenders have set
aside approximately 86 billion dollars to negotiate and settle with
home owners.
2.. Florida as punch line
Letter to the editor, Tampa Bay Times:
Once again, Florida is a punch line. The circus with radio DJs that
cost taxpayers millions and tied up valuable court time for other
matters has ended.
I do not know Judge James Arnold nor have I ever appeared before him,
but his conduct was beyond exemplary given the climate of the trial.
The conduct of the lawyers is beyond description. I have practiced in
a lot of places over 30 years. Only in Florida could lawyers behave
the way these lawyers did.
Bruce A. Plesser, Gulfport
3. I had a good day with Screaminsam.com. His financial show had Glenn W.Turner as the featured guest but I played an important part in the show. His show is usually raunchy, irreverent and intelligent. Today the show was played straight. Mr. Turner is an interesting guy. He has made and lost 100s of millions of dollars, has been associated with the most influential people of his day. He is worth looking up on the Internet. His expertise is as a motivational speaker and professes that the money he has made is secondary to the help he has given to others to reach their potential and become rich. He did serve about four years in prison, which leads this skeptic, that his motivation is money. His message in a nutshell is positive thoughts bring positive results, a concept that I can read in any fortune cookie. He believes that life has cycles and he has a methodology from workshops and lectures, where he makes money. I'm not judging the man. I suspect that you have to divide by some factor to get to his real motivation but he is an interesting guy and I was glad to have made his acquaintance. As an side, Screamin Sam is a great guy and his media personae of the late Sam Kinison is remarkable. Good. His website is www.screaminsam.com
4. I have had an interesting legal career in and in some respects, it still is. I filed my 2012 tax returns. My income consisted of the 1/3 I made made on personal injury cases, minus my expenses that accrue to the client and what I pay paralegals. I filled out the IRS forms appropriately. They cam back and said that my income was inconsistent with the amount reported to them by insurance companies. They included the entire carrier check to me instead of my income which was 1/3 plus expense. I called the IRS and spoke to several representatives, who all said they saw that I was right. Instead of a 26,000 tax liability but after hours of proving my case, my liability on that $90,000 was $768.50. The new and friendly IRS? No wonder I am afraid to go to my mail box.
5. The constitution provides us with certain protections. Those protections have been whittled away since the Warren Court. However, Miranda v Arizona and Gideon v Waignwright, even in their diluted form are mainstays in our protection between the police and jail. If not for these cases and their progeny, there would be no need for due process.
There are some public defender/legal aid offices which are outstanding with the some exceptions as there are outstanding lawyers and others who are not. However, there are public defenders in Florida who, with exceptions, are no more than prosecutors in defense attorney clothing. You can witness what I see any time you are in court. The public defender see and speaks to his/her client for the first time for a few minutes in the hall and convinces them to plead guilty. That is not their job. Prosecutors, for the most part, accept without question whatever the police say. The police are for the most part honest but they stretch the rules and the only protection we have is to challenge their conduct. In Florida, from what I see, this does not happen by the public defender.
Public defenders have a thankless job. There clients are, for the most part, guilty. They get no recognition and are rarely thanked for representing an indigent client. Nevertheless, If the public defender's office in any jurisdiction decided to play hard ball, the police would behave as they are expected to behave and fair deals, not take it or leave it offers would be forthcoming. This happens in New York City jurisdictions. Fundamental fairness exists, where it does not exist here. Cozying up to the judge (usually a prosecutor in a robe) and the prosecutor is not what was anticipated in Wainwright and Miranda.
6. I have been privileged to be a part of a community based radio program called The Urban Cafe on WMNF Tampa. The show is on Sunday at 9AM and is billed as the voice of a new generation. I am the old white dude who is either deferred to or made fun of. Either way, we seem to have a good mix and my age and background seems to be enjoyable to the "crew" and hopefully to the audience.
Yesterday's show was on insurance related issues and I was obviously the focus of the questions. It is tough making an entertaining uplifting show funny with that topic but I'm a funny guy. I did the best I could. The theme of the show is the view of a former criminal client I knew who said, "Insurance companies have two jobs; collect premiums and deny claims". I hope you get a chance in the next few days to listen to the tape of that show and perhaps be one of our valuable listeners in the future. Community NPR stations don't exist without you.
8. There is little communication by lawyers with their clients, their adversaries, or adjusters in personal injury cases. Florida law firms typically will not speak to adjusters even after they have submitted a demand. How can you negotiate a settlement with that behavior? I don't act that way. From my early training I know that words and your tone are the keys to success. I talk to people.
9. The more I learn about lawyers in Florida, the more amazed I am at how it works here. I have tried criminal cases in courts in federal courts and state courts in New York and Florida. The retainers which are legitimate charge the clients from inception to plea one fee and if the client wants to go to trial, the client is charged a trial fee. I have seen lawyers charge as much as $900.00 per hour and they can't hold the jocks of most criminal lawyers I have known in New York, even girls' "jocks". It is a scam. The tragedy is that when the client wants to know what choices to make, some of these lawyers can't even give an answer so that the client can make an informed decision. For example, one client wanted to know to know his chances on a car search and seizure and he wasn't told there is a different standard for car searches than in other searches. I know criminal law! I also know that my transition to personal injury law has been easy because my personality is the same, my ability to be accessible to clients, has not changed, and my communications are so much better than others down here.
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