Can I Sue My Criminal Defense Attorney: Ineffective Assistance of Counsel

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.

Can My Real Estate Company Use a Drone to Take Pictures?

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.

Legal Malpractice Claims…Statute of Limitations Errors

A statute of limitation is the time period in which a lawsuit can be brought in a particular matter. When an attorney takes your case, he or she should carefully consider the statute of limitations in your case and file your lawsuit within the appropriate amount of time.
 
If your attorney failed to file your lawsuit or appeal before the expiration of the statute of limitations, you may be entitled to a recovery for his or her negligent malpractice. A legal malpractice claim is appropriate because your attorney’s failure to file your lawsuit or appeal within the statute of limitations means that you are no longer allowed to file your lawsuit and that you are no longer entitled to a monetary recovery on your claim.
 
In Florida, in order to prove legal malpractice, you must prove that you employed your attorney, your attorney neglected a reasonable duty, and that your attorney’s negligence was the proximate cause of your loss. In a statute of limitations cases, your attorney’s reasonable duty was to file your lawsuit before the expiration of the statute of limitations. Furthermore, in order to be successful on a legal malpractice claim, you will need to show that because your attorney failed to file the lawsuit on time, you suffered some sort of loss.
 
If your attorney failed to file your lawsuit or appeal within the appropriate statute of limitations, you may be entitled to pursue a legal malpractice claim. Your team at The Ison Law Group knows how to investigate and effectively litigate legal malpractice cases. Call us today, toll-free at 1-855-LAW-1215.

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