Month: May 2015

Most people would never dine and dash. If you sit down at a restaurant and eat a five course meal, you are going to pay your bill before leaving. It would be nice if that moral concept carried over into other professions. For instance, when you as an aircraft mechanic perform work on an aircraft, you want to get paid for your services. So when an aircraft owner stiffs you on your bill, your question is probably: “how can I get a lien on an aircraft?” Aircraft mechanics can assert a lien against an aircraft when he or she has not been paid for services performed on an aircraft such as repairs, maintenance, storage, etc.
 
First, what does an aircraft mechanic’s lien do for you? Once “perfected,” an aircraft mechanic’s lien impedes the aircraft and usually, although not always, prevents the aircraft owner from selling the aircraft without first obtaining a release from the lien claimant. Enforcement of an aircraft mechanic’s lien will likely bring about payment to the mechanic through either a foreclosure sale or the owner’s desire to retain a “clear title” for the aircraft. Nonetheless, before you as an aircraft mechanic can enforce a lien, you must make sure that your lien is properly established.
 
So, how can you get a lien on an aircraft via an aircraft mechanic’s lien? In order to “perfect” an aircraft mechanic’s lien, Federal law requires that a mechanic’s lien statement or claim be filed with the Federal Aviation Administration. Additional state requirements will need to be established depending upon what state you live in and what the lien statutes require within that state. Generally, a lien statement should be filed within 30 to 180 days from the last date that the mechanic performed work on the aircraft. A typical lien statement will include information such as the (1) identification of the aircraft by N-number and/or serial number; (2) make and model of the aircraft; (3) registered owner of the aircraft; (4) type of work performed; (5) last day of work; and (6) amount of the lien claim. Some states will even require that you still be in possession of the aircraft at the time of filing the lien statement. Although check with your specific state statutes and aviation attorney as to what should be included in your lien statement.
 
There is no need for you to lose money when you perform honest and good work. Often times, the use of an aircraft mechanic’s lien is the best thing for protecting your assets and business. If you feel like you should file a lien statement with the FAA or state agencies, call The Ison Law Group and we will walk you through the process. We are available toll-free at 1-855-LAW-1215.

When you’re sitting behind bars because your attorney failed to effectively represent you in your criminal case, one question you should be asking yourself is: “can I sue my criminal defense attorney?” The answer to that question depends on whether or not your attorney’s representation was truly ineffective. If you can prove that your attorney gave you ineffective assistance of counsel, it is possible to bring a legal malpractice suit against your lawyer and collect money damages. So, what is ineffective assistance of counsel and how can it be proven prior to bringing a legal malpractice claim against your attorney?
 
Florida Rule of Criminal Procedure 3.850 allows the court to vacate a conviction, judgment, and/or sentence, when your attorney fails to render effective assistance, such that had effective assistance been offered, the outcome of your case may have been different. When could something like this happen? Some common forms of ineffective assistance occur with your attorney fails to properly file pretrial motions, fails to convey a plea offer, fails to advise you of the consequences of a plea, fails to investigate exculpatory witnesses or evidence, and fails to preserve the right to appeal. A common instance of ineffective assistance of counsel is when an attorney fails to advise you that a plea could subject you to deportation if you aren’t a US citizen.
 
Having the court grant you post-conviction relief in the form of ineffective assistance of counsel is crucial to being able to survive a claim for legal malpractice against your criminal defense attorney. If you feel that your attorney did not represent you effectively, contact your team at The Ison Law Group and we will walk you through the steps of obtaining post-conviction relief and additionally filing your claim for legal malpractice. Call us today toll-free at 1-855-LAW-1215.

As a realtor, you are probably thinking that an aerial photograph would be a valuable tool to market the Henderson house that just won’t sell. With drones being in the news so much lately, you are probably wondering: “can my real estate company use a drone to take pictures?” The answer to that question is: not so fast. Drone use for commercial purposes is not permissible unless you receive a certificate of airworthiness or Section 333 exemption from the Federal Aviation Administration. While this may seem like an unnecessary obstacle, it’s not as difficult as you may think for your real estate company to obtain the necessary authorization.
 
In late 2013, a photographer from the University of Virginia in Charlottesville was fined $10,000 for using an unauthorized drone for commercial purposes. While the court dismissed this case for other reasons, it is important to note that the FAA is not afraid to penalize you if your real estate company uses any type of unauthorized drone. While some in the real estate game are refusing to use drones out of an abundance of caution, avoidance of drone use will only put you behind the competition.
 
The commercial use of drones is permissible when you file a Section 333 exemption with the FAA. Section 333 exemptions allow the FAA to summarily approve drone operators and vehicles for use on a case-by-case basis. Filing an application for exemption is something that you will want to discuss with your aviation attorney, as the application requires precise language and exact form. Without the help of your attorney, your real estate company runs the risk of waiting longer than necessary for a permit. Call The Ison Law Group today at 1-855-LAW-1215 and we will discuss filing a Section 333 exemption for your real estate company.