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Please Choose... Divorce and Family Law Bankruptcy Wills, Trusts & Estates Civil Litigation Overtime and Wage Law Securities Litigation Stockbroker Arbitration Personal Injury and Accident Law Class Actions

Divorce and Family Law

Divorce is a traumatic event. Leo W. Desmond can help you protect your legal rights during and after a divorce. We will zealously represent you to obtain all the financial assets that you are entitled to under Florida Law including appropriate Alimony and Child Support and an equitable division and distribution of all marital assets and debts.

The problems don't always end with the final judgment. Often the "end" is really just the "beginning." Changes in the financial circumstances often require changes to the Settlement Agreement or Final Judgment. Alimony and Child Support modifications are not uncommon. Unpaid Alimony and Child Support are often issues addressed along with changes to the child visitation/parenting schedules.

Bankruptcy

There are several types of bankruptcy filings that are provided for under Federal Law. The most common is the Chapter 7 liquidation in which most, if not all of the debt is eliminated. Certain restrictions apply. For individuals the law also allows for a Chapter 13 filing which sets up a payment schedule that is based upon the individual's ability to pay the debts. Attorney Leo W. Desmond can determine which bankruptcy filing is best for you. Mr. Desmond is accepting the following consumer and business bankruptcy matters:

• Chapter 7 (Liquidation)
• Chapter 11 (Reorganization)
• Chapter 13 (Repayment based upon income)

Federal Laws and Florida Laws applied together may help an individual or couple eliminate their debt while saving their house, car and other belongings. Limits apply as well as length of residency. Bankruptcy may not be appropriate for everyone as other options exist. Attorney Leo W. Desmond will listen to your personal situation, analyze your specific debts and assets and advise you if bankruptcy is an available option for you. If you choose, Mr. Desmond's law firm will file your bankruptcy and walk you through the process while zealously defending your legal rights. Call Mr. Desmond today and begin your road to a possible "fresh start."

Wills, Trust & Estates

Proper Estate Planning can not only save money but can minimize the size of your Estate for Federal Tax purposes.

Especially in need of wills are those with minor children or grandchildren. Parents of minor children can use a will to tell the courts who they would want to raise their children after their death.

Trusts can be set up for children to allow for a reasonable incremental distribution of the estate that will insure their fiscal health.

Civil Litigation

Civil Litigation is a broad area of law.  Most people have heard the term “lawsuit”, which is synonymous with civil litigation.  A civil lawsuit is started with the filing of a Complaint, or certain instances, a Petition with either a State Court or a Federal Court.  Attorney Desmond is accepting clients for the following types of Civil Litigation:  Consumer and Business Contract Disputes; Negligence; Defamation; Slander; Libel; Discrimination; Wage and Overtime Issues; Stockbroker Fraud / Negligence; Bank Fraud  / Negligence; Personal Injury; Nursing Home Neglect / Abuse; Automobile Accidents; Motorcycle Accidents; Employment Discrimination; Wrongful Death; and Tort  Actions.

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Overtime and Wage Law

The minimum wage for Florida workers, pursuant to both Federal and State law is $7.25 per hour.  Employers must pay their employees at least minimum hourly wage for all hours worked in Florida as per the Federal Fair Labor Standards Act (FLSA).  Tipped employees must be paid a direct hourly wage of $4.23.  Employees who are not paid the minimum wage may bring a civil action against the employer for a violation of the State and Federal Wage laws.

For nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay of not less than one and one-half times an employee's regular rate of pay after 40 hours of work.  Certain exceptions to the 40 hours per week standard apply. Employees who are not paid overtime may bring a civil action against the employer for a violation of the State and Federal Wage laws.

An employee who has not received the last paycheck may bring a civil action against the previous employer for a violation of the State and Federal Wage laws.

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Securities Litigation

Corporate officers are under constant pressure from "Wall Street" to show always improving financial statements. Some companies have chosen to lie about their company's performance in order to artificially inflate the price of the company's stock. Eventually the truth becomes evident and the company's stock falls to adjust to the true financial health of the corporation. The drop in stock price can be overwhelming, falling 50% or more in a single day. Not every decline in the stock price of a publicly traded corporation will be the result of a fraudulent scheme. However, if fraud is involved, a defrauded investor may sue to recoup his or her losses. Congress has passed many laws regulating the securities markets and the corporations who issue publicly traded securities. These regulations require corporations to be honest and forthright with their investors regarding the news that the corporations release as well as any statements made by corporate officials.

Corporate officials who knowingly lie about the corporation are committing fraud. There are potentially many reasons, but the most likely reason is greed and power. Most corporate executives have their compensation tied to the price of their company's stock. The higher the company's stock price, the higher the value of the executive's pay package. Many times this is accomplished through the use of executive stock options. More than likely, the potential gain for the executive is in the millions.

Many corporate takeovers are not proposed with the intention of maximizing the public shareholders value, rather they are proposed in order to enrich a select group of management with a sweetheart deal that will not only enrich them financially, but will also assure their ability to continue to run and manage the company. An appropriate class action can be brought that will force management to disclose all information and attempt to maximize the value to the public shareholders.

Typically, the type of lawsuit that is brought against a publicly traded corporation and its officers and directors is a "Class Action." Class actions are brought by an individual who acts as a representative on behalf of all defrauded investors. Class actions allow investors, even with very small losses, to bring actions seeking a recovery of their investment losses. Congress, by enacting the laws regarding class actions, intended to encourage people who have sustained losses that would not normally justify the cost of litigation, to bring an action to right the injustice that had been committed against them and to attempt to recover their losses.

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Stockbroker Arbitration

Stockbroker fraud can be a financially devastating event for an investor. Brokers have a fiduciary duty to do what is right for their clients and not place their own interests above their clients'. When a stockbroker's conduct is either intentional or negligent, and their client sustains losses, the client may be able to recover some or all of the lost money.

Stockbrokers and Financial Planners are normally paid on a commission basis. While the vast majority of them are honest, hard working, diligent individuals, rogue brokers and brokerage companies exist. When a broker is negligent or fraudulent in his/her business dealing with their clients, any losses sustained by the client may be recoverable under state or federal law.  Not all losses are recoverable.  Attorney Leo W. Desmond and his staff will analyze the brokers' behavior and investments to determine if the loss is potentially recoverable.

Types of Stockbroker Misconduct include: Churning, Breach of Fiduciary Duty, Inappropriate Investments, Unauthorized Trading, Negligence, Breach of Contract, Fraud, and Failure to Execute and Order, and Failure To Supervise A Broker.

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Personal Injury and Accident Law

Personal injuries occur every day.  Slip and falls, dog bites, automobile accidents, motorcycle accidents, and truck accidents, just to name a few.  Injuries caused by the negligence of others should not become a financial burden to the innocent victim. 

Other common personal injuries include aviation accidents, birth injuries, brain injuries, boating accidents, construction accidents, defective drugs, defective products, electrical accidents, escalator and elevator accidents, fire and burn accidents, medical malpractice, dental malpractice, nursing home neglect and abuse, swimming pool accidents, toxic exposure, train accidents, and wrongful death.

Personal injury or accident victims are sometimes contacted by the insurance company or attorney representing the person or company that caused the accident.  The injured person would be wise to research their legal rights before agreeing to any type of settlement being offered to avoid the filing of a lawsuit.

If a personal injury matter is accreted by Attorney Leo W. Desmond, the injured victim’s case is usually handled on a contingency basis, whereby there will be no attorney’s fee paid unless there is a favorable judgment or settlement for the personal injury victim.  If the injured does not win, they will not be responsible for any fees or expenses.

If you or a loved one suffered an injury as a result of any accidental, negligent or intentional act of another, a lawyer should be consulted.  The injured have certain time limits in which to bring a lawsuit to attempt to recover damages for the personal injuries they have suffered. 

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