Claimed Lawyer ProfileQ&AResponsive Law
Offering top-notch legal services in South Florida for over 30 years.
- Personal Injury
- Civil Rights
- Consumer Law
- Business Law
- Employment Law
- Appeals & Appellate
- Criminal Law
- Animal & Dog Law
- Family Law
- Arbitration & Mediation
Additional Practice Areas
- Land Use & Zoning
- Car Accidents
- Slip & Fall
- Police Misconduct/False Arrest
- General Civil
- Condominium Law
- Handicap Rights
- Malicious Prosecution
- Credit Cards Accepted
- Contingent Fees
Contingent (percentage) fees offered in appropriate cases
- Rates, Retainers and Additional Information
Free consultations for some types of cases; otherwise, reasonable consultation fees.
Jurisdictions Admitted to Practice
- 11th Circuit
- Finnish: Spoken, Written
- German: Spoken, Written
- Swedish: Spoken, Written
- University of Florida
- J.D. (1984) | Law
- University of Florida
- B.A. (1981) | Political Science
- Broward County Bar Association
- Florida Dispute Resolution Center
- Association of South Florida Mediators and Arbitrators
- National Lawyers Guild
- South Broward Bar Association
- Federal District Court for the Southern District of Florida
- - Current
- Activities: Volunteer Lawyers Program
- Florida Bar # 509825
- - Current
- Activities: Federal District Court, Federal Appeals Court
- Certified Circuit Civil Mediator
- Florida Dispute Resolution Center
- Qualified Arbitrator
- Florida Supreme Court
138 Questions Answered
- Q. Is it possible to depose parties without suing them? I heard about deposition before action.
- A: Read the entire Florida Rules of Civil Procedure, which you can find on-line. There is a rule allowing for petitioning the Court to allow for presuit depositions. That rule is rarely used, and in my 34 years of litigation practice, I have never used it. First, it costs just as much to file that petition as it would to file a lawsuit. Secondly, the petition must be served with a summons on whatever potential adverse parties you are currently aware of, and those parties must have the opportunity to respond to it, following which you must set up a hearing for the Court to rule on the petition. Thirdly, as long as you know at least one defendant to sue, you can file suit and THEN do discovery to determine who else, if any, to sue (in time to meet the statute of limitations deadline for each defendant). (Then you would follow the rules governing depositions of non-parties.)
- Q. I am looking to sue my local sheriffs department. What type of lawyer is best for this?
- A: You did not indicate what type of incident is giving rise to your need to make a claim. If you mean for police misconduct, such as false arrest and/or excessive force, you need an attorney who handles civil rights cases and/or police misconduct cases. That's usually what people are looking for when they ask this kind of question. If it is some other kind of incident (for example, slipping and falling on a banana peel in the Sheriff's office, or being terminated from employment with the Sheriff), then you should re-post your inquiry with more detail.
- Q. How to stop subrogation
- A: I assume you mean, "How can a defend myself in a subrogation lawsuit that's been filed against me?" The answer is that you first consult, in person, an attorney who handles accident defense. You probably will have to pay a reasonable consultation fee. The attorney will go over with you the fees/costs and procedures of the case and should be able to make a recommendation as to whether you should (A) fight the case with the aim of taking it to trial, (B) fight the case but with the goal of reaching a settlement with the plaintiff, or (C) file for bankruptcy. You also have the option of representing yourself, which is never a good idea in this situation unless you wish to try to quickly settle with the plaintiff - and even if you do that, you must protect yourself by timely filing the right kind of pleading in the court to prevent a default from being entered against you.
- Q. If u needed both incomes to get approved for house an he dies can u hold his family for his part of rent
- A: In general, no, but you cannot get a reliable professional opinion on this with your on-line inquiry. You need to consult an attorney in person or by phone, so that an attorney can interview you in detail and review all estate planning documents (if any).
- Q. I filed a lawsuit against my contractor his lawyer filed a dismal if I choose to let it go what do I have to do?
- A: You inquiry is too vague to get a meaningful response; you need to be more specific about the following: Do you mean the defendant's lawyer filed a motion to dismiss the case? And is the case in small claims court, or a higher court? Is the motion to dismiss set for hearing? Are there any counterclaims filed against you? In any event, it seems like you are intimidated by whatever is the defense lawyer did and want to drop the case. In general, you drop a case by filing a voluntary dismissal, but you should NOT, under any circumstances, file a voluntary dismissal without first consulting an attorney, because if you don't do certain things before filing it, you may get hit with a defense motion seeking an award attorney's fees and court costs against you for filing the case and wasting the other side's time and money.
- Q. A month ago I attempted to purchase a vehicle. Gave a $2000 down payment and was told I was approved but yet no contract
- A: You didn't ask a question, but I suppose you are asking, "Can I take legal action against the dealer?" In your situation, you can't get a quick answer on-line. You must sit down with an attorney who will review all your documents related to the transaction and discuss the details of the communications with the dealer. The attorney will determine if the dealer has committed fraud, breached a contract, and/or has committed a violation of the Florida Deceptive and Unfair Trade Practices Act. Look for an attorney who handles consumer or contract cases in your geographic area.
- Q. If the place I live was bought out by another company and they did not give us new leases, is this an issue?
- A: It's legally impossible to be "under the impression that I was purchasing it" if you didn't have a legal document drawn up for that purpose. I'm guessing that the new owner of the mobile home park intends to kick you and the other residents out at some point in order to turn the property over to developers, or to develop it themselves. Without any written lease or some other legal document establishing long-term rights, you will be in a month-to-month tenancy, which can be terminated at any time, with a certain amount of time given to remove your mobile home or simply leave. How much time that will be depends on the circumstances, and the owner must comply with the Florida Mobile Home Act, which requires a few hoops for the owner to jump through before the they can start eviction processes. (You can read up on that act on-line). Bottom line: you and your neighbors should IMMEDIATELY consult a landlord-tenant attorney in your area who handles mobile home matters. If you cannot afford a consultation, contact your local Legal Services or Legal Aid office.
- Q. On the actual paperwork I was served, the father's name was incorrect. It was a name I have never heard of.
- A: You must timely file a response to the petition, regardless of the incorrect name. If there's no way the named person can be the child's father, you would indicate that in your response. It is best for you to have an attorney representing you on this, especially since the other side has an attorney. If you cannot afford to hire a private attorney, your local Legal Aid or Legal Services office would likely provide you with free representation.
- Q. I have a probation violation in PA can I call the police in Fort Lauderdale when my husband hits me or will I go to jail
- A: You didn't indicate if there is a PA outstanding arrest warrant, which makes a difference as to how to tackle the problem. Were you a no-show for a required appearance in PA? If so, there likely is a warrant. Whether there's a warrant or not, it should not cause you to give up your legal rights regarding the abuse. You need to start with consulting a Pennsylvania attorney, which you probably can do by phone, to examine what's going there and advise as to how to get that problem resolved with the best result. Upon getting that advice, consult a Fla. attorney for what you need to do here, and between the two attorneys, they'll help you get your life back in order. (This information is being provided for educational/informational purposes only and is not to be taken as legal advice or to establish an attorney-client relationship. Reliable legal analysis and advice cannot be given without a personal consultation with an attorney. At Charles M. Baron, P.A., we represent people, businesses, and non-profit organizations in a variety of claim/lawsuit/litigation, criminal law, and administrative areas, including accidents & negligence, civil rights and constitutional law, police misconduct, discrimination, employment matters, and land use & zoning issues, as well as general legal counseling. Mr. Baron is also a Certified Circuit Court Mediator and Florida Supreme Court Qualified Arbitrator.)
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