Florida Business Legal Questions

The best answer to this question is probably "read very carefully the contract you signed." Like many car buyers, you have been caught in the "spot financing" or "yo-yo financing" trap. The contract you signed dictates your rights and responsibilities. In most cases, it will be enforceable. Read the agreement. If necessary, have it reviewed by an attorney.... Read More

If you authorized the withholdings, you cannot obtain a refund for the period covered by your authorization, even if you never used the benefits for which the funds were withheld. You may have a claim for a refund against your employer if funds were withheld after you requested in writing that your employer cease such withholdings.... Read More

A power of attorney does not protect you. You are liable for all of the acts of the buyer to the same extent as if you had performed all of those acts yourself. Moreover, it is not clear that it is even lawful under applicable state law for the buyer to conduct her business, acting as if she were your agent, if you are no longer actually there and running the business.... Read More

We can help you with this.  It is very difficult to give any type of cost estimate until more facts are gathered.  For example, we prepare operating agreements for LLCs.  Are basic fee for a first draft, not including any conference or communication time is $600.  But often, by the time we get done with the final drafting, after all changes have been negotiated and drafted, the fees can exceed $2,500. As for entity formation, you indicated partnership, however in almost all situations, a limited liability company is a better choice.  Of course this may depend on several factors, including regulatory requirements.  Again, a conference is necessary to discuss this and to other formation and structural issues.  Our initial conference fee is $300.  We should be able to give you more definite cost estimate after that conference.  We can do an in person conference, or by Skype or by telephone. The independent contractor's agreement general form is usually a $500 basic agreement to start.  Customization for your particular requirements and regulatory and industry needs would increase that amount.  As with the other items, it is difficult to provide that estimate without further information. If you wish to follow up and ask more specific questions and provide more details and specifics, we can forward to you the necessary documentation to engage our services.  However, until that occurs, we cannot offer you legal advice. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.     ... Read More

I would suggest that you contact your local bar association and determine if there are opportunities to volunteer in the locality you would like to work.  Volunteering at local legal clinics is a great way to network with attorneys, and some likely will know of firms in need of help.  It also gives you the added benefit of gaining valuable experience. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.  ... Read More

The terms of the policy govern. It is impossible to respond to your inquiry without reviewing the actual policy and your correspondence with the carrier. In general, there is no legal requirement that anyone "tell you" about the premiums coming due ten years in the future as long as they are properly set forth in the policy and related documents.... Read More

In the absence of an employment contract, either the employer or the employee may terminate the employment relationship at will. If you were not willfully violative of the employer's hours, you may have a valid claim for unemployment compensation. You will want to pursue that until you have no further appeals to make.... Read More

Your inquiry is somewhat confusing. As a general matter, your are not liable for late fees unless you have agreed to pay them. Most states have a so-called "statutory" rate of interest, which is the interest that accrues on past-due obligations, generally a fairly low rate like 6% per annum. However, that is the rate that a court will apply and the seller will generally not have a right to collect it absent a court order.... Read More

As a general matter, there is no required form for a proxy, and the proxy solicitor can name any group of candidates for the board that he or she wishes. If you want to run a competing slate of candidates, you need to print, circulate and solicit your own proxies. It is important to remember that proxies are not ballots -- they merely authorize a designated person to vote in favor of the slate of candidates sought by the proxy solicitor. The solicitor has no duty to include your candidates. Generally, any unit holder can prepare his own proxy and solicit others.... Read More

Generally speaking, employment in the United States is on an "at will" basis. That means that either party -- employer or employee -- has the right to terminate the relationship at any time for any reason or no reason at all. While there are some exceptions to this principle, the particular facts you suggest do not appear to serve to protect you against termination.... Read More