Rusty Law

Foreclosure Defense - Don't Delay!

The last thing you want to do is wait.  Waiting is bad.  Waiting is a sitting duck.  

Once you receive foreclosure papers, you need to immediately address the bank.  No defense is a forfeit, and you stand to lose not just your home, but your credit as well.  Don’t let a foreclosure jeopardize your future.  

If you are served with papers, that is an indication that the bank is going forward with a procedure against you.  Regardless of your past relationship, now is the time to try (for the first time or once again) to resolve with the bank.  

Don’t be afraid to seek help.  If you are unable to find a resolution with the bank, you may need an attorney.  Certainly I would appreciate your call.  In any case, no defense is the worst defense.  

If you want to keep your house, you may have to fight for it.  Your home is worth the fight.  

Wine for the 21st Amendment

Wine selection may seem dubious in the etiquette-rich legal atmosphere.  Do you go for a full-bodied substantive, or a procedural approach of cascading flavors?  However, wine selection for the 21st Amendment is simple.   

Set in the context of early post-prohibition, Section 2 of the 21st Amendment states:  “The transportation or importation into any state, territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.” Thus the amendment allowed states the rights independently to regulate a fresh non-contraband, for instance the red dot stores in South Carolina
where any business selling alcoholic beverages looks like it has mega-measles.  Smokey and the Bandit wouldn’t have a plot if it weren’t for the 21st Amendment.  

The potential of this section of the Constitution is that you could purchase wine directly from a Napa vineyard, but you might not be allowed to bring it to Florida.  Setting aside niggling free trade issues among states, the best wine to serve with the 21st Amendment is wine from your own state.  

Guardian Ad Litem

A guardian ad litem is a court appointed advocate for children.  It is a person who can give objective guidance where tough decisions are necessary.  And guardian ad litems are badly needed in the state of Florida.  

The guardian ad litem is a voluntary, non-attorney position.  This person plays an impartial role, objectively evaluating what is best for a child in a court proceeding.  

In August of last year, there were over six thousand certified guardian ad litems; however, that number stands to increase thanks to a new bill, pending the Governor’s signature.  Supporters hope that this bill will open the opportunity for guardian ad litems to serve in family law cases, giving more children access to impartial representation.  

If you are interested in becoming a guardian ad litem, there are children who can use your good judgment.  It does involve training, and certainly your time and care.  If you are interested, please contact the Florida Guardian Ad Litem program at www.guardianadlitem.org.  

DUI Costs

Nobody wants a speeding ticket.  They’re costly and they’ll slow you down from the hurry you were in.  What you want even less is a DUI.  

Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) makes for a staggering sum when you look at all the costs together.  DUI is like the bill at a fancy restaurant where you never wanted to eat in the first place.  Each item comes a la carte at a premium price.  The following is a tally of what to consider when budgeting for drinking and driving.

For a DUI, you’re looking at expenses for fines, towing, increased insurance, attorney fees, court costs, treatment and education programs, not to mention medical costs for injuries you may have sustained, suspended driver’s license, time in community service, loss of life to yourself or anyone else, and / or jail time.  It’s a major inconvenience compared to calling a taxi, and a lot more costly too.  

One of the larger expenses in this elaborate line-up is attorney fees.  You can take a quick plea for about $500, which gets you an instant conviction and loss of your driver’s license.  Or you may want to mount a defense, at a price tag that ranges from $4,000 to $25,000.  

A DUI can have a profound impact on your life socially, professionally, and financially.  Ideally, nobody would drive drunk, nobody would be in traffic accidents due to intoxication.  That being said, people make mistakes, people make poor judgments.  If you have been arrested for DUI, seek legal advice either from me or from another qualified attorney who handles DUI cases.  The best time to make a good decision is in a bad situation.    

Unwritable Wrong

The difference between libel and slander is that one is written and the other is spoken.  Both are a defamation of character, and both can be prosecuted, unless applied to a public figure, such as Tina Fey on Sarah Palin, but even then…. 

In the literary world, novels can share titles without copyright infringement, but they cannot share significant content in any way.  Song lyrics are sacred, and song titles are individually protected.  Novels can refer to songs by name, but cannot quote any of their words without express permission of the record company and/or artist.  

The ancient texts, however, are popularly plagiarized because no one’s going to sue from Virgil’s estate.  Happily the same was true with Cervantes’s Don Quixote, allowing Dale Wasserman to write the musical, The Man of La Mancha, which borrows heavily from the 1700’s text as well as using Cervantes himself as a character.  Through the trick of antiquity, Wasserman violates neither libel nor slander laws, and updates an epic story.  

Pro Bono - You Get What You Pay For, And Then Some!

You get what you pay for, and sometimes you get more.  The legal system is designed to balance justice for the haves and the have-nots.  The have-nots are provided with free legal aid. 

“Pro bono” is a term ascribed to mean service without fee, in other words, a public service.  It differs from volunteering because it involves professional skills.  An attorney who works on a file pro bono does not get paid for time spent on the file.  

So why do they do it? 

Attorneys are not required to take pro bono cases, yet they do.  Benefits for attorneys include experience and networking, as well as opportunity to build one’s professional profile and reputation within the community.  

Every case counts, whether I work it for free or receive payment.  It counts for me, it counts for the party I represent, and it counts in the betterment of Florida.  Legal aid service is an opportunity to practice my profession as a lawyer, and an opportunity to give back to my community.  

Pro bono legal work benefits everyone involved, and I am glad to be a participant.