DESCRIPTION
OF PRACTICE AREAS
The following descriptions are intended solely
to assist in completing the application. Nothing herein shall be held to vary,
alter, waive or extend any of the terms, conditions, provisions, agreements
or limitations of any policy issued by Florida Lawyers Mutual Insurance Company.
A. Administrative/Government:
Includes the law governing government entities, their political subdivisions,
agencies, regional and metropolitan authorities, and other public entities including,
but not limited to, their rights and duties, financing, public housing and urban
development, election law and school law.
B. Admiralty:
Includes matters arising under the Carriage of Goods by Sea Act (CGSA), Hater
Act, Jones Act and federal and state maritime law including, but not limited
to, the carriage of goods, collision and other maritime torts, general average,
salvage, limitation of liability, ship financing, ship subsidies, and the rights
of injured sailors. This category includes litigation of such matters.
C. Antitrust/Trade:
Includes the rendering of advice concerning matters arising under the Sherman
Act, Clayton Act, Federal Trade Commission Act, Hart-Scott-Rodino Antitrust
Improvements Act, Robinson-Patman Act, and state antitrust statutes including
restraints of trade, unfair competition, monopolization, price discrimination,
and restrictive practices. This category includes litigation of such matters.
D. Appellate:
Includes all aspects of evaluation, preparation and participation in the appeal
of lower court order and decisions including, without limitation, the preparation
of motions, briefs and delivery of oral arguments.
E. Banking:
Includes all aspects of state and federal banking laws, rules and regulations
in connection with the representation of financial institutions excluding matters
covered by the Real Estate and Corporate/Business Organization categories.
F. Bankruptcy:
Includes all aspects of the federal bankruptcy law, including, but not limited
to, personal and business bankruptcies, reorganizations, liquidations, receiverships,
and the rights, obligations and remedies of trustees; state insolvency laws;
attachment, garnishment, replevin and repossession proceedings. This category
includes litigation of such matters.
G. Collections/Consumer
Claims: Includes all aspects, including trial practice, of collection
of consumer debt and other accounts and all aspects of special consumer protection
including sales practices, credit transactions, secured transactions and warranties;
matters arising under the Equal Credit Opportunity Act, the Fair Credit Reporting
Act, the Magnuson-Moss Act, the Truth in Lending Act, state statutes such as
the “little FTC” acts, and other analogous federal and state statutes.
Activities involving tenant’s rights are included in the category Real
Estate. Matters involving personal injury to a consumer would be included in
the Personal Injury/Property Damage category.
H. Commercial/Civil
Litigation: Includes all aspects of civil trial practice in
state and federal trial courts without regard to subject matter of the triable
issues except as expressly included in the Criminal, Personal Injury-Property
Damage, Antitrust/Trade, Bankruptcy, Collections/Consumer Debt, Real Estate,
Estate/Probate/Trusts/Wills, Family Law, Immigration, Labor Relations, ERISA/Employee
Benefits and Taxation categories.
I. Communications:
Includes all aspects of practice before the Federal Communications Commission
(FCC) and applicable Florida regulatory agencies.
J. Copyrights/Patents/Trademarks:
Includes all aspects of the registration, protection and licensing of patents,
trademarks or copyrights; practice before federal and state courts in actions
of infringement and other actions; the prosecution of applications before the
United States Patent and Trademarks Office; counseling with regard to the law
of unfair competition as it relates to patents, trademarks and copyrights.
K. Corporate/Business
Organization and Transactions: Includes all aspects of the formation,
operation, sale and dissolution of corporations, partnerships (general and limited),
agency and other forms of business organizations. Includes the negotiation and
preparation of sales agreements, agency agreements and other commercial transaction
documents, including financing where real estate is not the major subject.
L. Criminal:
Includes the prosecution or representation of persons accused of crimes at all
states of criminal proceedings in federal or state courts. This category involves
all legal activities arising from criminal defense work which would include
juvenile matters, traffic offenses, misdemeanors and “white collar”
crimes.
M. Entertainment/Sports
Law: Includes all aspects of representing athletes, entertainers,
owners, contractors or other parties involved in the entertainment and/or sports
business, including, without limitation, the preparation and negotiation of
contracts and related documents.
N. Environmental Law: Includes
all aspects of practice involving environmental laws, rules and regulations.
This category excludes environmental matters included in the Real Estate practice
area.
O. ERISA/Employee
Benefits: Includes all aspects of practice involving the Employee
Retirement Income Security Act (ERISA) and other directly related federal and
state statutes. This category includes litigation of such matters.
P. Estate/Probate/Trust/Wills:
Includes legal services dealing with all aspects of the analysis and planning
for the conservation and disposition of estates. Estate and gift tax matters,
both federal and state, are included in taxation rather than here. The preparation
of legal instruments in order to effectuate estate plans; administering estates,
including tax-related matters both federal and state; trust planning, guardianships,
custodianships and conservatorships; and litigation of such matters.
Q. Family Law:
Includes all aspects of antenuptial and domestic relationships, separation and
divorce, alimony and child support, child custody matters and adoption and the
litigation of such matters.
R. Immigration:
Includes obtaining and retaining permission to enter and remain in the United
States including, but not limited to, such matters as visas, change of status,
deportation and naturalization, representation of clients before courts and
governmental agencies, and protection of aliens’ rights.
S. Investment
Counseling/Money Management: Includes all aspects of financial
investment transactions and rendering of asset investment advice.
T. Labor Relations:
Includes all aspects of employment relations (public and private) including,
but not limited to, unfair labor practices, collective bargaining, contract
administration, the rights of individual employees and union members; all matters
arising under the National Labor Relations Act (Wagner Act), Labor Management
Relations Act (Taft-Hartley Act), Labor Management Reporting and Disclosure
Act (Landrum-Griffin Act), Fair Standards Act, Title VII of the Civil Rights
Act of 1964, Occupational Safety and Health Act (OSHA), and other federal statutes
and analogous state statutes; practice before the National Labor Relations Board,
analogous state boards, federal and state courts, and arbitrators. This category
includes litigation of such matters.
U. Personal Injury/Property
Damage: Includes the representation of parties (plaintiff or
defendant) in actions to recover for personal injury, wrongful death, or property
damage resulting from intentional or unintentional acts, negligence, and other
causes. Also includes libel and slander actions, medical malpractice and product
liability suits where any form of personal injury or property damage is involved.
V. Public Utilities:
Includes all aspects of representing clients on public utility issues including
practice before governmental agencies or offices having regulatory authority
over the providers of public utilities.
W. Real Estate:
Includes legal activities dealing with all aspects of real property transactions
including but not limited to, real estate conveyances, title searches and property
transfers, leases, condominiums and cooperatives, mortgages, condemnation and
eminent domain, zoning and land use planning, property taxes, real estate development
and financing, and trial of real property related issues in state and federal
courts. This category includes environmental matters pertaining to real property
transactions as herein described.
X. Securities
(SEC): Includes all activities involved with or related to the
Securities Act of 1933, the Securities Exchange Act of 1934, and State Securities
Statutes. Also covers advice about or preparation or registration (state or
federal) of securities such as stocks, bonds, or interest in business. Included
within this category are proxy statements, exchanges of securities and insider
sales. This category includes proceedings and hearings before securities regulatory
agencies but not litigation of such matters in state and federal courts.
Y. Taxation:
Includes all matters arising under the Internal Revenue Code, state and local
tax laws and foreign tax laws, including counseling with respect thereto, and
practice before federal and state courts and governmental agencies. Estate taxes
and gift taxes are included herein rather than under the Estate, Probate, Trusts,
Wills category; however, real property taxes are included under the Real Estate
category.
Z. Workers’
Compensation: Includes all legal work relating to workers’
compensation claims, regardless of any other area of law which may be involved,
i.e. longshoremen’s compensation claims would be included here and not
in Admiralty Law.
AA. Arbitration/Mediation:
Includes legal work performed by a third person, whether selected in
a manner provided by law or
agreement, for dispute or conflict resolution.
ZZ. Other:
All other practice areas not specifically described above.
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