Eric committed to always maintain a small, specialized firm in Winter Park, Florida, where the lawyer that the client met with the first time they were in the office would be the lawyer who would be working on the research. It’s the person who would be writing the pleadings. It’s the person who would be going to court and handling the hearings.

Only the Lanigans Handle Your Case

When Roddy Lanigan joined the firm as a partner in 2007, the same rule applied. While work increased across Florida, associates, law clerks were only allowed to work for the attorneys and do their work, not the client work. Only the Lanigans handle your case.

“It was not going to be a situation where you meet with the senior lawyer and then you never see them again until you’re walking into the courtroom for trial—if then,” Eric said. “I use law clerks and associates for the purposes of doing basic research to get me the cases that are on this or that subject and let’s sit down and talk about what those cases say pro and con.”

We Find the Case Law

And I always remember when I first went to work for a lawyer out of law school and he would bring me in his office all the time and he would say, “there’s a case out there that says such and such and I need you to find it.”

We do the Research

And I used to always say, “how does he know there’s a case out there that says such and such and why do I have to find it?” And it’s a great learning lesson in doing research and being able to come back and say, “not only did I find that case, but then I also found this other supporting law.”

Research Drives Insight on Cases

And I’ve always enjoyed that. I’ve always enjoyed the quiet time of doing research. And quite frankly I find that when you’re doing that research it really is an opportunity to spend a lot more time thinking in quiet about your case. And in today’s world of flash bang, emails, texts, fax, telephone calls, instant communication about everything,that’s an art that’s been lost to a great extent.

I think it’s been lost in a lot of professions and I know it’s been lost in the legal profession when you just take the time to sit and quietly think about your case. And I’ve always found and I think everybody in every facet of life thinks that when you have the opportunity to do that how things come to you that in the flash bang world of emails and texts just doesn’t happen anymore because you’ve just lost that luxury.

Old Way is the Best Way

So we’ve maintained our connection with the old way in the sense that we’re going to take the time we’re going to block off time where we are in quiet research on a particular case where we can study the law, review our facts. And it’s amazing how many times you review the facts and you go, “oh gosh I forgot about that. And now because of this case, I just read this fact which maybe before I thought was inconsequential, now is very significant.”

We Take the Time to Do What Works on Your Case

Well that just doesn’t happen if you don’t take the time to do that. So that’s a philosophy I’ve always maintained. So and it’s the way we do it and if it doesn’t work for a client then they need to find somebody else because that’s the way we’re going to handle the case. I think that’s the way it’s done effectively.

We Work Your Case

Roddy Lanigan confirms: “If you’re a client of our law firm either my father or I are the people working on your case.”

And generally speaking, I’m either going to work on it or he’s going to work on it, Roddy said. Sometimes we work on cases together. It’s a little bit more rare today than it was in the past, but we work on cases together, but we’re the people in charge of the case. We’re the people you meet with when you come into the law firm. We do have an associate. She’s very capable but she does our work. She doesn’t do work.

We Do All Client Work

There are clients who are incredibly happy. I can’t tell you how many times and it’s lovely to get that letter from a client after their case is over telling you that you you felt like you did a good job. Not only did you do a good job but you had somebody that felt like they cared about the client and their family and you felt like this was a person that had my back and it wasn’t just about making a buck. Or well we have to pay you and we wanted to pay you. It was all about in the end for you we felt it was like about whether or not you won or lost.

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• Appeals
• Asset Protection
• Business & Civil Litigation
• Business Reorganization
• Business Workouts
• Chapter 7 Bankruptcy
• Chapter 11 Bankruptcy
• Chapter 13 Bankruptcy
• Corporate Reorganization
• Immigration
• Mortgage Workouts
• Probate
• Real Estate Litigation
• Real Estate Transactions
• Securities & Investment Losses & Fraud
• White Collar Appeals
• White Collar Crime

Florida Law the Lanigans Practice

Our practice areas are predominantly what I would classify as general civil litigation primarily dealing with business issues like:

• Breach of contract
• Fraud
• Embezzlement
• Real estate
• Anything business law related

We handle just about anything you can think of in the business arena. But I would say in the litigation that we deal with arises out of business transactions between people. We don’t do family law. We don’t do criminal law. When the economy collapsed in 2008 five or six cases a month exploded into five or six cases a day so one of those areas of practice that we never really expected to be involved in but suddenly it’s blown up in your face quite literally. So we still maintain a bankruptcy arena. We have an associate who is dedicated exclusively with working and managing the bankruptcy cases subject to our supervision.

Bankruptcy Law is Down, Business Law is Up

That now has kind of stopped now. Over the last five to seven years since the bankruptcy stuff started to slow down and now you find yourself again once again dealing with the more complex commercial disputes between businesses and business owners and sometimes just individuals.

Business owners that we see and the businesses we represent it really everything from airfreight companies to real estate companies to real estate developers to residential realtors to manufacturers of products to artists, other professionals, doctors as clients. Lawyers as clients, we even have judges as clients.

We Handle Cases Across Florida

I think the only city I’ve never been in court in actually is probably out of the big cities in the State of Florida I think the only city where I haven’t walked into the courthouse is maybe Tallahassee. Jacksonville. Orlando of course, all the surrounding counties of Orlando, rural and otherwise. Tampa. I practiced quite a bit in Miami and in Fort Lauderdale.

I’m currently licensed in the southern district, the federal courts in the Middle District of Florida the Southern District of Florida, the Eleventh Circuit Court. I’m a member of the Florida Bar. I can practice in every state court in the in the State of Florida including the Florida Supreme Court. I’ve argued at the appellate level in Atlanta at the Eleventh Circuit Court of Appeals which is the in the Court of Appeals system is the second highest court to the Supreme Court of the United States.

So I feel very comfortable in a courtroom. I’ve been in pretty much all of them and I’ve pretty much seen every type of judge you can see from the nice ones to the mean ones to the ordinary ones to the ones that are having a bad day to the ones that are having a good day.

Hablamos Espanol, Portugués, Francés e Inglés

One of the interesting things at our law firm is our last name is Lanigan and that’s an Irish name. People are often surprised to know that both my father and I are multilingual. We both speak and understand Spanish. We also have a lawyer in the firm who speaks Spanish, Portuguese, French and English.

Complex Immigration Law E-1 to L-Visa

We do have a complex immigration practice. Everything from an E-1 visa all the way down to an L-visa. We routinely organize Latin American companies. I personally have both litigated for Latin American companies and set up Latin American companies. I’ve set up American divisions of Latin American companies from:

• Venezuela
• Colombia
• Guatemala
• Honduras
• Panama
• Argentina Chile
• I’m routinely in South America on business anywhere from Medellin to Guatemala City and then I’m routinely in Miami for that purpose.

Investor Visa Program

Most of my Latin American clients have their American presence there. An unusual thing for two gringos to have a Latin practice but it just happened that way. Miami is and Orlando are quickly becoming the doorway to America for Latins and Latin American companies. So as a matter of fact, we really don’t have to do that much travel. Most of my Latin clients are here because we got them here. How? Through the Investor Visa Program.

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Does Your Attorney Have the Experience to Win a Case?

Eric has handled many hundreds of cases and faced numerous judges and juries. He’s a skilled and tough negotiator and will work to achieve outcomes based on a clients’ interests.

Whenever I meet with a new client I know there’s always a question that’s hanging in the air that needs to be answered and that question is why should I hire you? And I always think back to 37 years ago when I was a 28-year-old lawyer and I went out on my own and set up an office with three files and a part-time secretary.

Why Should I Hire You? Experience

And I would be asked that question you know, “well Eric Lanigan why should I hire you?” And I didn’t say this but I remember thinking to myself, “I have no earthly idea why you would hire me. I’m 28 years old, I don’t have any experience and I’m not sure I even know what I’m doing.”

Now of course I never said that. And fortunately for me today that is not the answer because I think what’s important to a client that I can effectively say today with all honestly and not a hidden answer and that is that what we bring to the table is experience. I’ve been in practice for 40 years. My son Roddy has been in practice for 10 years and working with me throughout that period of time.

In that 40 years I’ve seen every kind of case that I’ve handled in different stages of my life: criminal cases and family law cases — neither one of which I practice now–but it was a great experience and a learning experience, not only about law but about people and about judges.

Relentless Pursuit of Your Case?

But I think more important that experience is an attribute that I always felt like was the number one thing that I found in successful lawyers. And it wasn’t necessarily experience. It wasn’t necessarily a genius IQ but it came down to one thing: perseverance. Was somebody prepared to relentlessly pursue the case?

And by relentlessly pursue it I mean it’s the same if you’re in your office in the middle of the day or you’re shaving at 6 o’clock in the morning, thinking about different cases and what’s going on in those cases. It’s a relentless never letting go of trying to reach a successful conclusion.

Will You Prevail in Your Case?

Another attribute that I think is critical that I think I’ve developed, tried to develop and hone over time is practicality. I’m convinced beyond a shadow of a doubt clients are not interested in whether you won this hearing or that hearing or how did you out maneuver somebody as to trivial matters. What they want to know is am I going to prevail in my case?

Am I going to be successful? Is the case going to be successfully prosecuted? Is it going to be successfully defended? Am I going to know all the pros and cons of my case? Am I going to have somebody who’s not afraid to sit down and say to me there’s a real problem in your case and here’s what it is and here’s how we have to deal with it. I’ve been sitting in courtrooms before where I looked at the client — my opponent’s client — and I literally remember a case where I looked at the guy and I thought, “does that guy have any idea of what’s happening to him right now?”

Because he just sat there like a deer in the headlights. And in my mind anyway the ultimate conclusion of this case was painfully obvious. And luckily for me it was painfully obvious in my favor.

Will You Be in a State of Shock?

And that result ultimately occurred and I remember looking at my adversary’s client sitting over there completely befuddled and I realized the reality was he had just never been really effectively told the real pros and cons of his case. And so when the when the anvil fell he was in a state of total shock.

Are You Ready for the Truth?

And that was one of those lessons that I learned that yes it was very nice to win but the main thing I learned out of that case which was some 20 years ago was don’t ever let your client be in that situation.

Whether you’re on the winning side or the losing side don’t ever be there when you look over at your client and you realize they have no idea what just happened or why.

A Good Lawyer Conveys Bad News

And that’s one of the most important things a lawyer can do sometimes is convey bad news. And I’m glad to say that there’s one thing that I’ve I’ve learned over the years is it’s sort of like as one lawyer told me one time he said, “Bad news is just like that rotting fish. It’s never going to get better it’s only going to get worse.” So get it out there and effectively deal with it.

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How Long Will It Take?

Florida attorneys Eric and Roddy Lanigan answer the question: how long will it take which is one of two questions that always get asked and almost never get answered. And that is how much is it going to cost and how long will it take? How much will it cost to handle my case and how long will it take to resolve my case?

And they’re legitimate questions and I feel the frustration of a client when they can’t get an answer. And I try to explain to clients there’s a reason sometimes when you can’t get an answer.

You Can’t Know How Long It Will Take

And I’ve come to an analogy that I think works: If I’m a boxer and I’m getting ready to go in to fight and somebody says, “well how long will this fight last?” Well the realistic answer is, “I don’t know.”

If my opponent steps into the ring and drops his hand and sticks his chin out the fight’s not going to last very long because he’ll get knocked out and within the first few seconds of the fight. But we all know that’s not going to happen.

We know the other fighter’s going to come into the ring, that other lawyer is going to come into the ring and he’s probably going to be qualified and smart and he’s going to have thought through his case and so it’s going to be kind of like that real boxing match and how will it go two rounds will it go fifteen rounds that’s a question that just can’t be answered.

Run If You Hear an Attorney Say This

And if a lawyer sits down with you and says gives a definitive answer in the very first meeting that, “OK this is going to take this so much time and it’s going to cost you this exact amount of money,” in my opinion that client ought to get up and not walk out of that office but run.

I don’t know how long it’s going to take. It’s going to take as long as it’s going to take for us to get in a situation where we’ve either mitigated our losses to an acceptable level for you as a client or we’ve won. That’s how long it’s going to take.

It’s going to cost as much and the amount of resources that we’ll have to throw at a problem will generally depend on how complex and intricate the problem and intricate the issue we’re faced with is.

Everyone Should Have an Attorney

Every single person in the State of Florida should have an attorney.

Ninety-nine percent of the issues that come into my office where people have to pay $10,000, $20,000, $50,000, $100,000 in fees generally could have been avoided had they had a family attorney on retainer and paid him $500 to $1,000 to $1,500 to $2,000 to look at an issue beforehand.

98% of Clients Can Avoid Legal Problems

About ninety-eight percent of my clients had they had a lawyer overseeing the business decisions that they were making and the documents that they were signing would never find the their way into my office.

How to Keep an Attorney on Retainer

It doesn’t take anything to have an attorney on a retainer. It takes having a business relationship with somebody somebody you trust somebody that you know. Maybe it’s a family friend. Maybe it’s someone you got referred from a friend.

Give them a thousand dollars and say I’d like to keep you on retainer. Give them two thousand dollars say I’d like to keep you on retainer.

When my retainer is exhausted then please send me a bill to refill the retainer so I have that luxury and that option for that when I have a when I as a business person or business owner have that issue I can immediately get my retained attorney on the phone and go over it with them.

Business Speed Kills Deals

But I find that the problem in the business world as opposed to the legal world is where everything in the legal world moves very slowly because of the court system.

In the business world everything happens at light speed. People feel that they need to make this deal and do this deal now. But when you have that attorney on retainer he’s intimately involved with everything that you’re doing in your business life.

It’s not too much to pick up the phone and give them a call and ask them if they should do this or do that.

And in the end I can tell you from experience–from a lot of experience–it’s much, much more cost effective to go ahead and have a personal attorney or business attorney that you can always call to ask these types of questions.

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Eric A. Lanigan and Roddy B. Lanigan are a father and son law firm and partners at Lanigan and Lanigan, P.L. The Lanigans have provided clients with extensive experience, aggressive representation with a personal touch since 1976.

How Much Will It Cost?

“Let me address the two questions that always get asked and almost never get answered. And that is how much is it going to cost and how long will it take?” Eric Lanigan said.

“And they’re legitimate questions and I feel the frustration of a client when they can’t get an answer. And I try to explain to clients there’s a reason sometimes when you can’t get an answer.

Upfront About Fees

“So I try very hard to be upfront about fees. I try very hard as soon as I can give an effective estimate to be able to give them that estimate and to keep them apprised as we move through the case.

Not only do would I say for instance send an invoice and say “well all right, here’s what we’ve done over the last month.” But then I’ll try to project at least what’s going to happen what I project over the next month or two or three and what kind of anticipated costs they can see over that two or three month period.

Because I certainly would not want to have a plumber or a carpenter come to my house and say, “I want you to do this, I want you to do that and I don’t know what’s involved, I don’t know how long it’s going to take, but I do know one thing: I don’t want to open up an envelope in 30 days and think that I had a $500 carpentry job and I get a bill for $5,000. I know how I would react to that and I should expect clients to act react the same way if I do it to them.

Clients Kept Updated on Costs

So I try to keep people abreast of in the next month or two or three, this is the activity that we’re going to have going on for sure.” And you know if you take our hourly rate and you multiply it by you know my estimate of this amount of time that it’s going to take to do this, you’ve kind of got a good idea of what you can be expecting to spend over the next couple of months.

I think that that’s what I would want and there’s no reason why I shouldn’t give to my client the same thing I would expect my carpenter or plumber to give to me if the tables were reversed.

Giant Pile of String in Giant Knot

“Sometimes I have to look across the table at somebody when they they ask me how much is this going to cost and I say I don’t know,” Roddy Lanigan said. “You tell me. You got a big giant pile of string, put in a big giant knot and now you’re asking me to undo it and you think that’s going to be cheap? That’s going to take some time and it’s going to cost a little bit of money.

“Often times clients come to me with a case which I immediately look at and understand that there’s no possible way I can take this to trial. Defeat at trial is effectively 100 percent certain. Therefore our only goal is loss mitigation and trying to position the parties in the right way that we can maximize an efficient outcome for our client.”

Are Your Expectations Realistic?

And so and many times I’ll ask the client when we get into what the case is all about. And I’ll ask the client, “what is your expectation of what this is going to cost?” Because I want to know whether or not the client has any realistic understanding of what they’re dealing with. So if you get somebody in your office and they’ve brought in file boxes of papers. And it’s a history that goes back a couple of years and it’s all this complicated back and forth to create a very complicated case.

And I say, “well what’s your expectation of what this is going to cost?” And then they say, “well I think we ought to be able to get in and out of this for like a couple thousand dollars.”

Well I know right then it’s time to stop and we’re either going to come to reality or they’re going to have to look elsewhere. What I try to tell clients is I don’t know the answer to that question right now. But I think in fairly short order I’m going to be able to give you a pretty good estimate of an answer to both of those questions but I can’t do it now.

Fee Structure Hourly Rate is Effective

So we fall back into the fee structure which I have never liked but it seems to be the only one that effectively works and that is between now and that point in time when I can give you an effective answer I’m going to charge you X dollars per hour. And that can vary from the type of case and frankly it can vary from the client. And I’m going to be honest about those numbers and how I derive them and how many hours I think at a minimum. And that is the question that every lawyer should be able to answer and that is that I guarantee you it’s not going to be less than so many hours.

This is the Financial Commitment

So that the client knows that to really even get started here: this is the financial commitment that they have to make. Whether it’s $1,000 or $10,000 or $20,000 you know that this is what I can assure you: that you will not spend less unless that boxer does drop his hands and just sticks his chin out — which is probably not going to happen.

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I’m Florida Attorney Roddy B. Lanigan and I grew up right down the block from where the Lanigan and Lanigan law offices are located today. We’re off of Park Avenue down Morse Boulevard in Winter Park.

It was very nice growing up here. I had a lot of great friends and developed a lot of great relationships that still exist to this day. And like I said it’s a really fun place to grow up. Very unique.

We’ve got great outdoor sports here. Grew up on the lakes. Grew up fishing and water skiing on the lakes. Grew up going over to the Intercoastal for red fishing on the lagoon. Grew up quail hunting in North Florida and South Georgia. It’s just a great place to be. I think Florida’s probably the best state you can be in in the country.

Attended the University of Virginia

And when you get accepted at the University of Virginia you go to the University of Virginia because that’s one of the best schools in the south.

B.A. History University of Virginia

I studied history primarily European history and U.S. history. I just think it’s a fascinating subject. It’s interesting to learn about how people did things in the past. And one thing you learn is they really didn’t do things that differently than we do now. Technology changed for the most part.

But I feel we live in a great country. I respect the principle that every single person in this country has a value and is important and I believe that the framers of our Constitution, many of whom were from Virginia, one of whom founded my university believed in that that rule. And we created a republic in that image and I think it’s the best.

Masters of Philosophy in Economic History

After the University of Virginia I went to graduate school for my degree in economic history and I did that in England and that was a really interesting experience. The Prince of Wales puts together a Bursary Program for American scholars to go to England to study. I was fortunate enough to win one of those awards. I got to work with a lot of very intelligent interesting people and it was a growing experience for me.

University of Cambridge

Master of Philosophy in Economic History, Honors Degree

In between law school and undergrad I had an opportunity to go to the University of Cambridge in England. It’s a great place. It’s old England and it was a very exceptional education. I was there and living in a medieval college studying every day it was a wonderful experience.

Cambridge was a serious academic environment. At the same time I got to meet people from all over the world hear what they have to say about themselves and their country and politics and how they view the world. And it was very eye opening but when it was over I was glad to come back to the United States the good old USA.

Law Firm Economist

I decided that I was going to be an attorney when I was about 28 years old. I came a little late to the profession. Prior to that I had been working in a law firm as an economist. I worked at a large law firm in Washington D.C. in the banking department and I assisted the lawyers and the economists in the group in putting together bank mergers which we put together some very large mergers.

Commercial Bank Mergers

At that time it was really commercial bank merger mania was going on so we worked with some of the biggest commercial banks in the country. You know we would deal with all of the bank regulators in Washington, D.C., the comptroller of the currency, the Federal Reserve Board, the FDIC.

I enjoyed my time in Washington, D.C., but I felt that I really wanted to go and explore the idea of becoming a lawyer as it would be an interesting career but also give me a chance to move back to the State of Florida.

University of Mississippi Law School

Some people asked me why I went to the University of Mississippi for law school at Ole Miss. Well generally if they’re asking that question they’ve never been to Oxford Mississippi because once you go there you can never leave. It’s a great place. It’s a great school. They have a very strong litigation focus at that school. All the professors at Ole Miss have been seasoned lawyers in their own right before they started teaching their students.

Prepared for Legal Practice

I felt like I came out of school and when I started practicing with my dad and I didn’t know virtually anything, which is what it feels like for every other lawyer who starts to practice. But in communicating with the other young lawyers I felt like I knew a lot about the practice of law due to my education in law school.

University of Mississippi is a very practically focused legal education there. For instance you’re not going to be taking the law of the ocean, you’re going to be taking civil procedure, evidence torts, contracts, trial procedure, trial prep, appellate procedure, appellate work. It’s a very, very practical and driven legal education. I felt like I really benefited from it.

The post Florida Attorney Roddy B. Lanigan first appeared on Lanigan & Lanigan, P.L.

There are always unique circumstances that lead to extensive debt. Whether your job is eliminated, your home interest rates skyrocket after or before a refinance, ultimately, you’re stuck with more bills than you can pay. This can occur after sudden illness or even investment losses.

Unsecured Debt After Holidays

Occasionally people mismanage credit cards and allow unsecured debt after holidays to pile up—especially if one event causes all bill paying to spiral out of control.

Shopping, paying bills using credit cards and paying for emergencies on a credit card with a high interest rate can cause debt to pile up. Maybe you take out a second mortgage to pay off credit card debt. Maybe you take a payday loan. Maybe your car breaks down and you have to buy but get a high interest rate.

When hard times hit, all of the above can become monumental tasks.

This kind of spending and borrowing to pay off cards may seem frivolous and manageable until a job is lost. A mortgage interest rate rises drastically. A new car payment becomes unaffordable. Suddenly all the careful planning goes out the window and causes bankruptcy to creep into the picture.

Can You Manage Credit and Debt in 2017?

When high interest rates on unsecured debt kick in by February 2017, or money is lost on an investment and savings is gone due to a break in employment for an illness, can you manage credit and debt in 2017?

There were many personal and business bankruptcies experienced by Floridians in 2016 who were working hard, paying mortgages on their homes, but who lost jobs and turned to Lanigan and Lanigan for help.

Deciding to File Bankruptcy in 2017

If you’re deciding to file bankruptcy talk with an attorney before you decide to file. Find out how the process works and whether you qualify for Chapter 7 bankruptcy, Chapter 11 bankruptcy or Chapter 13 bankruptcy.

You may think that a Chapter 7 bankruptcy is what you want to file. Well, you actually don’t get to choose: your income level, cost of living, debt, city and county determine your ability to file bankruptcy.

Have an attorney determine this factor for you through the Florida Means Test.

No Shame in Filing Bankruptcy

There is no shame in filing bankruptcy because although the economy is strong now, people still lose jobs unexpectedly. And in the history of the United States, bankruptcy was created to establish a fresh start after a failed business venture or personal financial catastrophe.

Divorce, medical bills, emergencies, deaths, health issues, still happen and may send a balanced bank account sideways. People lose jobs, have personal and professional disasters that affect finances and make debt insurmountable.

No One Knows You Filed Bankruptcy

If you file bankruptcy, there is no public shame or an announcement made to your friends, neighbors, employers or business associates. While newspapers publish bankruptcy notices, few if any other people outside of your immediate family will know you filed. For the most part no one knows you filed bankruptcy unless you tell them.

The post Bankruptcy Outlook in Florida 2017 first appeared on Lanigan & Lanigan, P.L.

When you have a court case decision and you don’t like the outcome can you appeal your case?

An appeal is not what many people think that it is. A legal appeal is an action where a client asks an attorney to dispute a case. However: the point argued in the appeal is only in regards to the law.

A client hires an appellate attorney to write a legal brief identifying the law or laws that they believe were applied to a case incorrectly by a court.

There used to be what was called an interlocutory appeal. That type of appeal was essentially anytime a judge made a ruling that you didn’t like you could file an appeal.

If it was not the end of the case it was an appeal along the way. For instance an attorney filed a request to get documents from the other side and they objected and the judge ruled “no” you’re not entitled to those documents.

Your side thinks that the judge is wrong: that would be an appeal but it’s not the end of the case it’s just an appeal of one of the issues along the way. And it is not going to be filed right then and there because at the time that was allowed, it flooded the courts. It was disruptive and held cases out.

In an appellate brief, the judges are expected to review cases and read many pages of legal documents. If the attorney that is hired is not an excellent writer, familiar with the appellate style and length and arguments in writing, your appeal will not go well.

Hire an Appellate Attorney

This is why it’s important to hire a separate attorney, hire an appellate attorney to handle an appeal. The first attorney may be a litigator and no matter how thorough cannot aptly review the case with fresh eyes and an open mind to what could have been executed differently based on the law.

Get a second opinion from an appeals lawyer.

Appeals Are Based Solely on the Law

The actual appeal is based solely on the law in the case and is not based on any other aspect of a case. The dispute over the final ruling, the sentence, settlement, a jury’s decision is not the basis for an appeal nor is new evidence or a new witness or a new defense angle.

In an appeal, the attorney is provides a written legal document appealing to a higher court saying that the law that was applied to a case by the lower court was wrong.

An appeal is not applicable to any decision that is not favorable. There should be a legal insight to the law and that something that was legally applied in the case should be reconsidered.

The appellate brief must be poignant, clear, and concise. There’s no room for meandering or belaboring points. The attorney hired to appeal the case shouldn’t be looking for new evidence, a new witness or a hole in the case. The transcripts are reviewed for error but there should be a clear reference to where the lower court failed to apply the law correctly in the original case.

Appeals Are Not Automatic

Many times, news and TV show unhappy people stating that they’re going to appeal the decision. In actuality, they’re appealing to a higher court that the lower court made a mistake. The attorney who takes the case must be experienced in writing an appellate brief and able to deliver in writing not in court a compelling case.

An appeal is a written brief that is presented to a panel of three judges. The judges will take the brief, review it and render their decision.

It’s not going back into the courtroom with the same litigator who may be a fabulous courtroom attorney. Instead a different tact is needed in giving the appeals court a reason to overturn a decision.

You need an appeals attorney, an appellate attorney, familiar with the appellate process, the appeals brief style and the ability to present a clearly law-based argument in writing.

There is not a dramatic argument with the judge in front of a jury. If you go to the law library there are literally thousands of books of cases and everyone of those is an appeal. So there’s plenty of cases being appealed. There’s plenty of cases where someone believes fervently that the judge has made a mistake. And when he or she has made a mistake it should be appealed.

Appeals Can Be Costly

But one of the issues with appeals is that they’re expensive as most things in lawsuits, trials or case are today. There’s nothing cheap about an appeal especially if you are not a lawyer who handled the case at the trial level.

Not only are you going to do all the research and prepare the briefs, but you’ve got to go back and study the case to determine what happened leading up to the appeal. You’re poring over trial transcripts and case law.

When you consider an appeal, consult with a few attorneys to find out the timeframe which is usually a six-month process. It is costly. It is time consuming. But if you believe strongly in your appeal, pursue it and work with an appellate attorney.

The post Can You Appeal Your Case? first appeared on Lanigan & Lanigan, P.L.

When you hire an attorney in person you’ll save time, you can get the case started immediately and you’ll get to know the lawyer. A responsible bankruptcy attorney, any attorney in any practice area, cannot assess what’s going on with your financial situation, your legal issues in a long, drawn out e-mail.

Please don’t send an e-mail with every little detail of your case before you’ve even decided to hire us.

Why? Because we can’t dole out legal advice via e-mail to a virtual stranger who has not become a client yet; it’s irresponsible because we don’t have all the information.

First, we need a full understanding of what’s going on. We’re going to need questions answered and it’s more expedient to answer verbally or we could spend hours going back and forth by e-mail instead of talking in person and answering everything in minutes.

That’s not the best use of any lawyer’s time. A conversation is always best because there’s time left for you to ask other questions about the law firm, the process, the case, the outcome, the documentation and more.

Overseas Calls

People overseas do call us and talk with us and we can do Skype calls or FaceTime to talk about property issues that have to be handled from a distance. We have clients in Europe, Asia and throughout the U.S. If you have an emergency about a Florida property or Florida legal issue. You should make call to make an appointment to get on a video call so that you can get to know us as if you were in the U.S.

But if you’re in Orlando or another part of Florida, it’s best that you come into the office to meet with us.

Why? Because if you’re in an economic tailspin due to an emotional divorce, a failed business, a medical emergency, you’ll want to take care of the bankruptcy with attention to detail from the start.

If you were sick, you wouldn’t call a doctor and ask for an analysis and over the phone, would you? And would you want to be a patient of a doctor that gives sight unseen analysis and diagnosis?

Talking out a case on the phone is not the best use of time. You really need to look the attorney in the eye and ask as many questions as you need in 20 to 30 minutes to get your answers. By then you’ll have an impression as to the level of legal work that we’ll perform. Likewise attorneys have to know all the facts before dispensing any legal advice.

You will be more forthcoming and focused on what you want by sitting across from an attorney and telling them what happened with your finances. After hearing what you want to do an attorney can respond to your questions and together you can resolve the debt problems by choosing a bankruptcy that fits your situation.

An attorney’s ability to assess your problems will depend on you answering specific questions. An attorney has to know what your economic goals, income, debts and assets are so that a bankruptcy plan can be put together to meet your needs.

A bankruptcy attorney needs your attention, answers, goals at one time to get a clear understanding of what you want to accurately offer solutions.

A good attorney is busy in court, handling depositions and the daily business associated with the law. If you call and want to talk, the attorney will answer questions, but time is better spent in a formal meeting. Meetings allow you and an attorney to sit down and focus on your financial problems.

A phone interview is impersonal and you’re not likely to share private income and other asset questions on the phone. There should be a comfort level and a trust established, first. That trust can usually begin with a handshake and a face-to-face meeting. After all, this is your money, your future.

Go to the Law Firm Office to Meet the Lawyer

Who’s Going to Fight for Your Case?

Take the time to go into a law office and speak with a bankruptcy attorney. Or for that matter any attorney you’re going to hire. If you’re going to be in a lawsuit, you’d better have

You want someone who will fight for you, work for you, take on your case and own it. Plan with you, work towards resolution with detailed

Price Shopping?

One of the first things that comes up and may be the determining factor for your decision on hiring a lawyer is the price. How much will all of this cost? Well, if you’re price shopping, go ahead and hire the cheapest lawyer.

What to Bring to First Attorney Meeting?

Don’t bring paperwork because they’ll ask questions and you’ll ask questions but the process isn’t handled all in one meeting. This isn’t a simple pay and go to court situation. Only you know your financial answers to the many questions the bankruptcy court will have. You know the basic answers without turning to bank statements.

You’ll want to know if you can file a Chapter 7 bankruptcy, or whether a Chapter 11 bankruptcy is going to save your business?

If you want cheap pricing, lowest costs, this may not be the firm for you. You’re concern should be quality of legal skill and ability, the level of experience, the completion of legal paperwork, completion and accurate case filing and bankruptcy case management. Your concern should be whether or not you’ll be responsible for the bankruptcy work or will the bankruptcy attorney handle everything for you?

The last thing you want is a debt that was not included in the bankruptcy hanging out there. Accurate, careful and detailed bankruptcy paperwork and process is imperative for a complete bankruptcy.

Bankruptcy is Federal law and held in Federal court and is not a process that should be handled pro se: without an attorney. Your finances, your future economic success and your ability to pay for what you, your family and your business need the knowledge of a bankruptcy lawyer.

The post Hire an Attorney In Person first appeared on Lanigan & Lanigan, P.L.

Chapter 7 vs. Chapter 11 vs. Chapter 13

Here’s the answer to the question that everyone wants to know: “Which bankruptcy should I file?”

Your bankruptcy attorney will actually answer that because you don’t pick a bankruptcy. Instead there is a Chapter bankruptcy that matches your financial situations.

Yes, filing bankruptcy is a choice but the Chapter of bankruptcy you will file is NOT. Choosing to file bankruptcy is a major decision and should be carefully weighed after talking with an extremely knowledgeable bankruptcy attorney.

Before you decide to file bankruptcy, meet with a bankruptcy attorney with the experience to know what’s going to be in your best interest. Then ask yourself whether the debt relief offered through bankruptcy will solve your financial challenges.

Lanigans Meet In-Office for Consultation

Eric Lanigan and Roddy Lanigan suggest that you follow through on an in-person consultation. You can’t get answers to your largest financial concerns over the phone or e-mail. This is a legal issue, a financial issue that affects you, your family and your business–now and in the future. This is not a simple or easy situation. Bankruptcy chapters each have requirements and guidelines based on your income, debt, business debt, and assets.

Yes, you will usually have a choice explained to you by the bankruptcy attorney you hire. Whether it’s between a Chapter 7 or a Chapter 13, or a Chapter 11 will vary on your debt problems.

Which Bankruptcy Will You File?

You don’t actually choose to file Chapter 7 bankruptcy, Chapter 11 Bankruptcy or Chapter 13 bankruptcy. Bankruptcy is decided by your income, your debt, your assets, your financial situation and your goals and is based on Florida bankruptcy law and the Florida Means Test.

An attorney will assess your options, then tell you what your bankruptcy options are, then you’ll decide for yourself. You are 100% legally responsible for being honest and forthright in answering every question a bankruptcy attorney will ask you. You can’t change or alter your income: it is what it is.

There’s a mathematical test formulated under the bankruptcy laws created to prevent the abuse of debt elimination through a Chapter 7 bankruptcy.

Chapter 7 Bankruptcy

• Garnishments stop
• Last 90 days on average
• Unsecured debt eliminated (credit cards, medical)
• Exemptions allow you to keep your home
• Keep your car through exemptions
• Creditors actions are halted

A Chapter 7 bankruptcy eliminates debt, allows for certain home, auto, 401(k) and other exemptions that will use your income, your county to decide if you qualify for a Chapter 7 bankruptcy. Generally, the debt elimination cleans a slate of unsecured debts. You may not include taxes, lawsuit settlements, child support, alimony or Federal student loans.

You’ll find out if you’re able to file Chapter 7 bankruptcy. A Chapter 7 Bankruptcy is a consumer bankruptcy generally used to discharge debts in 90 to 120 days.

Chapter 11 Bankruptcy

• Creditor liens, lawsuits stopped
• Prevents business from shutdown
• Reorganize debts
• All creditor demands reviewed
• Hold onto merchandise, assets
• Creditors held off

A Chapter 11 bankruptcy is filed by businesses in order to save a business from demanding creditors and reorganize debts and prove the business can become profitable again.

A creditor can file a lien against assets, products or merchandise, and by taking it can cause a business to fold. Filing a Chapter 11 bankruptcy can stop all legal actions against you. Yes, you can keep your business running while the bankruptcy and debts and creditors are sorted out. You want to be able to show that when the debt is higher than the revenue and there doesn’t seem to be a way to become financially stable, that you can indeed turn it around when the debt relief is granted.

You can file Chapter 11 bankruptcy and keep your business running. A Chapter 11 bankruptcy is a reorganization bankruptcy where all creditors’ demands are put on hold and then sorted out in an orderly fashion with lesser or sometimes forgiveness of the amount of money owed.

Chapter 13 Bankruptcy

• Allows you to repay creditors lesser amounts on 3 to 5 year plan
• Must pay on time for duration or all deals are off
• Some debt is eliminated
• Home and vehicle exemptions allow you to keep car and home
• Creditor calls and creditor liens and actions stop
• Reorganize and repay taxes, alimony, child support

A Chapter 13 Bankruptcy is an option when you’d like to repay some of what you owe to creditors you owe over a stringent three- to five-year repayment plan. A Chapter 13 bankruptcy may be your option if your income is above the level allowed to file a Chapter 7 bankruptcy.

A Chapter 13 bankruptcy includes a plan that outlines how you will repay your debts and it is not flexible. You must stick to the plan or you will not be allowed to complete the bankruptcy. The document and payment agreements are established in the courts.

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