Can You Work for a Company After Suing? Legal Considerations to Weigh

A Comprehensive Look At Florida Legal Internships

An Intro To Florida Legal Internships

Legal internships play a pivotal role in shaping the career paths of aspiring legal professionals. In Florida, the legal internship landscape is diverse and dynamic, offering students opportunities to gain invaluable on-the-job experience in a variety of legal settings. Florida-based law firms, federal agencies, non-profit groups, and government offices all provide unique internship experiences that can help students define and enhance their legal careers.
For law students and aspiring legal professionals, Florida’s warm weather, beautiful beaches, and lively social scene can offer an appealing alternative to legal internships in other U.S. cities. In addition to the environment, law students who intern in Florida benefit from connections to one of the largest populations in the United States, a strong state economy, and a future-oriented business culture. The state has also been called "the most business-friendly state in the southeastern U.S.," and is known for its business-friendly tax rates.
In terms of specific legal internship opportunities, Florida law students can choose from a wide range of opportunities . For instance, under the supervision of a qualified attorney, they can intern with a Florida state agency, the Florida Department of Children and Families (in roles relating to domestic relations, foster care, case management, adoption, and more), or the Department of Veterans Affairs. They can also intern with firms like the Law Offices of Jason Turchin, which has experienced a surge in interns over recent years, providing an opportunity for interns to assist with client relations, legal research, discovery, and drafting.
Moreover, students may land in-house legal internships at one of the 89 Fortune 1000 companies headquartered in Florida. Each of these firms already employs an average of 3,433 associates—providing further proof that the Sunshine State can offer significant career opportunities for students seeking legal internships.
In short, Florida offers unique opportunities for legal internships in a wide variety of fields. However, there are a few obstacles. Legal internships often come with low or no pay, making it important for students to seek out opportunities that provide meaningful experience, enhance their career prospects, and generate long-term value.

…

What is Common Law Marriage?

Understanding Common Law Marriage in Florida: Myths and Facts
Common law marriage is a form of relationship in which the couple has not entered into a formal legal marriage ceremony, yet, by their actions, they have lived as husband and wife. In Florida, a couple may present themselves and hold themselves out to be married for legal and financial purposes and be treated by businesses, insurance companies, hospitals, and the like as married, yet not be married in Florida. This concept can be confusing and is often misunderstood. Common law marriage comes from Roman and English law and dates back to the 9th and 10th centuries. Under the theory of common law marriage, there are no legal regulations or procedures that apply to a marriage. The parties merely live together and act as a married couple. This concept was first adopted by the fledgling American colonies. In the early days of America, common law marriage was utilized in instances where a couple could not go through the formal process of marriage, perhaps due to a religious objection or lack of money, or for other reasons. To address this situation, the colonies recognized the validity of common law marriages. Massachusetts was the first state to enact a statute governing common law marriages. It limited the circumstances under which a marriage could be deemed valid, on the basis of common law. This trend continued as the American colonies became the independent states of America, with each state enacting its own statutory recognition of common law marriages. Today , thirteen states and the District of Columbia recognize the validity of common law marriages. The states are Alabama, Colorado, Georgia, Iowa, Kansas, Montana, New Hampshire, New Jersey, Oklahoma, Pennsylvania, Rhode Island, South Carolina and Texas, as well as the District of Columbia. However, unlike Florida, not all of these states require that a couple comply with a requirement of living together in order to have a common law marriage. For example, Clipper Ship Key LLC v. Perkins 98 Mass. App. Ct. 698, 534 Mass. App. Ct. 680 (2018); Zamfresca v. Director of the Office of Medicaid, 464 Mass. 27, 27 (2012). For those five states, the requirement of cohabitation is not applicable for a finding of common law marriage. In Florida, there is no common law marriage. The last common law marriage entered into in Florida prior to the abolition of common law marriage occurred on January 1, 1968, at which point the requirement of cohabitation became effective. While a common law marriage recognized in another state and prior to 1968 is not recognized in Florida, if the couple comes to Florida after the marriage has been entered, the common law marriage will be recognized if the couple continues to live as a married couple in Florida. A couple cannot create a common law marriage in Florida. Parties desiring to marry must follow the Florida statutory procedure and requirements for obtaining a marriage license and participating in a marriage ceremony. In addition, one thing that isn’t commonly known, is that there is no common law divorce. A common law married couple can divorce by participating in the statutory process of divorce.

…

Legal Fees for Criminal Defense May Be Tax Deductible

What are Legal Fees?

The law and the treatment of legal fees (which is a catchall phrase for anything lawyers charge) can be complicated. There are basically two types of legal fees: transactional fees and case fees. Transactional fees are paid in situations not directly involving court litigation. Examples include fees paid when buying or selling an asset, fees paid for drafting a will or fees paid for counseling on business transactions. Case fees are those paid for pursuing a specific claim or action in court. Contract disputes and injury claims fall in that category.
Transational fees generally are not deductible. The IRS has a long-standing rule that individuals cannot deduct legal fees related to a business purchase or sale unless the business is owned by the individual if the asset purchased is a business asset. Likewise, a personal injury claim would not be deductible. In other words, the lawyer who drafted your will or helped you purchase a business cannot be written off on your taxes. But the lawyer you hired because you were injured in a car accident or your business was sued can probably be written off. These distinctions are laid out in IRS Publication 529, Miscellaneous Deductions.
In recent years, issues have arisen with regard to the deductibility of legal fees in cases where a person can argue that all of the fees should be deductible as case fees, not transactional fees. The distinction is important. When you can count all legal fees as "case fees," you will also be able to deduct many types of expenses. Legal fees tend to be among the largest out of pocket expenses owed for a case, so extending the deductibility of legal fees can have a significant impact on tax liability. When you can count all the fees as "transactional," however, you cannot used the legal fees to offset the tax liability incurred on a settlement.
In the area of criminal cases, the distinction between transactional fees and case fees is particularly important. In general , legal fees paid in criminal cases are deductible if the entire case is about something else. If the legal fee was paid in relation to the crime itself, however, then the fee is not deductible. For example, if I were charged with operating a vehicle after a DUI conviction, the legal fees associated with my defense would likely be deductible. If however, I was convicted of tax fraud, my legal fees would not be deductible because they were incurred to defend against a criminal charge.
Relevant IRS guidelines and rulings clarify the rules regarding legal fee deductibility in criminal cases. IRS Code 262 disallows any fee that is personal in nature. The IRS has ruled that all fees paid to obtain property for a taxpayer’s personal use are personal. In a series of rulings, the IRS ruled that fees paid to mitigate against criminal charges and penalties were personal in nature. A recent Ruling reinstated the position that legal fees paid to defend against criminal charges were personal, but it also grants some refunds to people who had successfully argued that legal fees were deductible in earlier years.
IRS Ruling 2008-2 recognizes that taxpayers who were successful in defense against criminal charges may have incurred legal fees that were deductible. Examples of such fees that would be deductible, according to the ruling, include fees for mailings, deposition transcripts, investigation, expert testimony, witness fees and investigator costs. Those fees, when incurred to defend against criminal charges, are deductible. While the new ruling permits the IRS to grant refunds to taxpayers previously denied the use of deductibility of legal fees, it does not make that use automatic. A successful outcome with the IRS will require adequate proof of the legal fees incurred in a criminal case, which can include case fees that are typically deductible, and a good deal of time.

…

What is a Supplemental Agreement

A supplemental agreement is an addendum or appendix to a primary contract. Its purpose usually is to clarify, amend, or provide additional detail for provisions within the parent agreement.
Supplemental agreements are usually drafted and executed separately after the original contract is in place. Depending on the circumstances, a supplemental agreement can consist of a single Page that contains new or modified provisions or even multiple pages outlining additional details, such as timeline, payment, scope of work, or other contract clarifications. A supplemental agreement can incorporate language that indicates it only supplements the parent agreement. For example, one could use the following language in a supplemental agreement: ‘This supplemental agreement supplements the [Name of Parent Agreement] entered into between [Name 1] and [Name 2] on [Date] . "
Common purposes of a supplemental agreement include:
Clarifying provisions of the parent agreement
Addressing ambiguity
Providing additional details
Updating incorrect information
Extending the term of the parent contract
Oral agreements entered into verbally between contracting parties also can be supplemented in writing with a supplemental agreement.
In real estate transactions, supplemental agreements are used for a wide variety of reasons, including adding contingency clauses or financing conditions to the parent agreement. If a supplemental agreement modifies the price of the property, it should be executed by both parties. Any amendments that merely extend the closing date are often referred to as "amendments."

…

Storage Rental Contracts: The Basics

A storage rental contract is a legally binding agreement between the landlord and the tenant that clearly states that the tenant has agreed to rent out a unit. It will describe the rent payable and for what period or until a cancellation notice is given. Storage contracts within the United States are generally accompanied by a set of rules and regulations such as security, use, and access. They also describe the lien process for the landlord in case of non-payment. It is important that these agreements be carefully read to ensure that you understand your rights and obligations as a tenant or storage unit owner .
Storage contracts generally include the following:
Precise description of the unit number
The amount of rent and due date
Security deposit information
How often the unit is accessible to you
Location of unit
Rules and regulations of facility
Terms of monthly, or long term lease
Lien process
Right to sell process
Maintenance of the unit
Restrictions on what can or can’t be stored
Landlord access to unit
Contract termination
Consequences of non-payment

…

Creating the Ideal Sign-On Bonus Agreement Template

What is a Sign-On Bonus?

As the name suggests, a sign-on bonus is a sum that an employee is offered upon accepting his or her position with an employer. The terms of a sign-on bonus, including the amount and the multitude of ways it can be paid out, vary from job to job. An employer may offer a sign-on bonus, for instance, as a percentage of the employee’s base salary, as a lump-sum "bounty," or as a combination of the two.
Why offer a sign-on bonus? In recent years, many employers have taken to using this kind of incentive to get new hires on board. If you look at the "Rochester 100" list published by the Rochester Chamber of Commerce, almost half of the top employers in the area offer sign-on bonuses to new employees . Generally speaking, employers offer sign-on bonuses to attract top talent, encourage loyalty, reduce turnover, and stoke competition.
For employees, a sign-on bonus can provide a much-needed boost when they’re beginning a new position. In particular, for those moving from a low-cost to a high-cost area, a sign-on bonus can ease the transition from their previous job to their new position. Similarly, sign-on bonuses can be used to offset the cost of relocating for new hires from across the country or internationally.
Some negotiation is common, but not always appropriate. Consequently, an employee who believes he or she is worth the sign-on bonus should not be afraid to ask for it.

…

Breakdown of Airbnb Sublease Agreement: A Comprehensive Tutorial

What is an Airbnb Sublease Agreement?

An Airbnb sublease agreement is an agreement between two parties where one party (the "tenant" or "sublessee") rents a property (or a portion of a property) from its owner (the "sublessor" or "sublandlord") for a short period of time and, in turn, leases the same property (or a portion of a property) to a third party subtenant. The tenant pays the owner for the use of the property, and the subtenant pays the tenant. Typically, a simple rental rate deduction and payment system is in place so that the sublessor receives rent from the tenant each month, the tenant receives rent from the subtenant each month, and the subtenant uses the property for a short stay. The tenant assumes the same obligations under the sublease that would be imposed if the property were available for long-term leasing .
The sublease agreement is a tourism-oriented sublease agreement designed specifically for use in conjunction with Airbnb. Use of this agreement and its provisions will vary by state, and it is important to research the state laws in your jurisdiction to ensure that you adhere to all applicable statutes; numerous states allow for short-term leases for fewer than 30 days. However, some states specifically prohibit subleases such as those offered for less than 30 days; you should also check your condo association or HOA bylaws, as certain properties may not permit short-term leasing.
The Airbnb sublease agreement differs from a long-term lease in that it does not last longer than 90 days and is assumed without viewings or inspections. Use of the Airbnb sublease agreement to profit from property owned by another may be considered a bad faith exercise if the tenant hides its intent to sublease to the owner.

…

Know What a Free Trader Form Is

What is a Free Trader Agreement? Perhaps you have heard of or seen North Carolina Form North Carolina Free Trader Agreement, maybe you have without knowing it. The North Carolina Free Trader Agreement is defined in the Code of North Carolina at N.C.G.S. 52-10 and allows a married couple to divide their own separate financial responsibility among themselves and legally disclaim the separate liability. Separating financial responsibility can sometimes be useful for individuals who wish to separate their assets and liabilities from their partners. This is commonly done involving real property only owned by one spouse . Think about if you are married to an individual in North Carolina and you agree to purchase a rental home. As the deal is made to purchase the home, you and your husband does not want the home in your name, only in his name. The bank or lender agrees to lend you and your husband money under certain circumstances. They will, however, require you and your husband to sign a Free Trader Agreement in which you agree your husband will be financially and legally responsible for the mortgage loans issued to purchase the property you and your husband are buying as a married couple.

…

The Essential Car Dealer Purchase Agreement Forms: What You Should Know

What is a Car Dealer Purchase Agreement?

A car dealer purchase agreement form is a contract between the buyer and the seller of a car. The seller is the car dealership, while the buyer is the individual or individuals purchasing the vehicle. These forms can take many different names based on the exact policy of the dealer, but the designated name does not change the content requirements or the legal terms of the document.
The purchase agreement serves to demonstrate the legality of the sale. It outlines the terms of the agreement between the buyer and the seller, including the agreed price and payment policy. Once signed, the document denotes an agreement of sale has been entered into between the buyer and the seller. States may have different requirements with respect to their car dealer purchase agreement forms, including whether they must be certified by a notary public.
The most basic aspects of the car dealer purchase agreement provide enough information to determine the registered title owner of the vehicle. The buyer’s information should contain the legal name of the buyer, along with any information regarding spouses, partners, or co-signers. Under the seller’s information, the full business name of the buyer should be listed , as well as the full physical address of their place of business. Some of the more complex car dealer purchase agreement forms might contain tax and warranty information as well.
The cost of the car, the method of payment, and any provisions for installment plans should also be included in the purchase agreement. Additional forms may detail trade-in allowances for old vehicles against the price of the buyer’s next vehicle obtained through the seller. Car dealerships often use purchase agreements to enforce their own contractual terms regarding the conditions of the sale. For instance, a car dealer purchase agreement might include information regarding the standard installation of add-ons on every vehicle sold.
These agreements can also include contracts for insurance of the vehicle, including the specific type of insurance the dealer requires for the vehicle. For most buyers, this is a simple form that details the transaction completed with the seller. Certain types of transaction details and provisions may be subject to other legal requirements and state laws. A car buyer should always examine their dealer’s version of a purchase agreement to ensure it contains any other provisions that are specific to the deal offered.

…

Adultery and the Law: An Overview

Adultery, by definition, typically refers to voluntary sexual intercourse between a married person and someone other than his/her spouse. While adultery is often strongly stigmatized and viewed as morally unacceptable in many cultures, the legal system in California does not maintain a moralistic view of the practice or the practice of divorce. In fact, California’s no-fault divorce system virtually eliminates the consequences of having an extramarital affair from the dissolution of marriage process. In other words, the presence of infidelity is typically not sufficient on its own to merit a divorce on the grounds of the relationship being irreconcilably broken.
As discussed in California Family Code Section 2310, the grounds for legal divorce are that either spouse "become[s] 3 years of continuous separation, or incurable insanity, […]" Essentially, the California divorce process does not take into consideration the reasons people have for seeking to dissolve their marriage. At the same time, demonstrating a lack of sexual fidelity may affect the property division process through the concept of community property . When a couple shares income earned during their marriage, that money belongs to the "community" and is subject to division in the divorce process. However, if one spouse is able to prove adultery occurred (anywhere from online appearances to a full-blown affair) so that the other spouse was as well, for example, cheating spouses would then be considered to have been using community funds for their extramarital affairs and could potentially be denied half of their share of community income. While prenuptial agreements often specify how marital income is to be divided in the instance of a dissolution of marriage, there are limits on how a court may divide assets (be they marital or separate properties) so that both parties to the marriage (and custody holders to the children) are protected financially from the dissolution process.
In addition to affecting property division, adultery may also affect custody arrangements, particularly if there is a risk the cheating spouse was dishonest with the other spouse about his/her whereabouts when looking after the children or even, in egregious cases, if the illicit partner has been known to have met with the success’ children or the success actively introduces the children to the illicit partner.

…