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Battaglia, Ross, Dicus & McQuaid, P.A. keeps you up to date with the latest Blog in St. Petersburg, FL.

Reflections on “OJ: Made in America” from a Criminal Defense Lawyer

Reflections on “OJ: Made in America” from a Criminal Defense Lawyer

I recently watched the five-part documentary, “OJ: Made in America”, on ESPN and felt compelled to comment on it.  Was I the only one disappointed by the behavior of the lawyers during the course of the trial?  Notwithstanding the outcome and the evidence, I asked myself, “Is this how our criminal justice system really works?”
Cleaning Up The Dockets: The Judiciary’s Push For The Efficient Practice Of Law

Cleaning Up The Dockets: The Judiciary’s Push For The Efficient Practice Of Law

It is not uncommon in the practice of law for an attorney to timely submit a motion to the court but to allow a substantial amount of time to pass before setting that motion for hearing.  Without a hearing, these motions almost never get decided and the case remains stagnant.  Perhaps this tardiness is a delay tactic or it could just as easily be the result of an honest scheduling conflict. Whatever the case, a recent ruling from Florida’s 4th District Court of Appeals suggests that perhaps attorneys should be more diligent in ensuring that their motions are timely set for hearing.
Looking for a Reason to Select a Member-Managed or a Manager-Managed LLC

Looking for a Reason to Select a Member-Managed or a Manager-Managed LLC?

Sometimes it is difficult to decide whether to select a Member-managed or a Manager-managed LLC or to answer a client’s questions on why to select one over the other.  For a multi-member LLC, one reason to consider is the difference in the rules that apply to a request of a member to inspect books and records of the LLC.
Reporting to Your Insurance Company and Giving a Recorded Statement - Why You Should Consider Consulting an Attorney

Reporting to Your Insurance Company and Giving a Recorded Statement – Why You Should Consider Consulting an Attorney

In order to recover for a loss from an insurance company, you first have to report the loss.  In the legal/insurance parlance, this is called reporting a claim.  Insurance policies typically have a “duty of cooperation” clause.  What this means is that when you report a loss to your insurance company, you must cooperate and provide them information regarding the loss.  Keep in mind this discussion is related only to dealing with your insurance company, the one you pay to protect you.  You do not owe a duty to cooperate to someone else’s insurance company though there are situations in which that might be beneficial to you. 
How a Period of Time Should Be Counted

How a Period of Time Should Be Counted

When a lawyer, judge, law or rule requires the counting of a period of time, it may not be done the same way that you would count the time period. For example, are either of the first and last day of the period included or excluded? Are you counting forward or backward?
Piercing the Corporate Veil: Protecting Yourself from Personal Liability

Piercing the Corporate Veil: Protecting Yourself from Personal Liability

Are you a business owner in Saint Petersburg, Florida? Have you incorporated your business for the purpose protecting yourself from personal liability? As a lawyer practicing Business Law in Pinellas County, I have found that many business owners mistakenly believe that by incorporating their business they are automatically shielded from personal liability. Far too often, business owners choose to prepare their own organizational documents or they use an online service in an effort to reduce the expenses associated with forming their business entity. While this decision may save these business owners a few dollars on the front end, the future implications can be disastrous. Under Florida Law, there are specific formalities that must be satisfied to ensure adequate protection from personal liability.
Should I Hire a Personal Injury Lawyer

Should I Hire a Personal Injury Lawyer

My back and neck hurt after I was injured in a car accident, but I don’t know if I should hire a lawyer since I am not the type of person who sues.?

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