Tampa lawyer Archives - Wetherington Hamilton, P.A.

Should I Pick My Lawyer from a Billboard? Practical Advice on How to Pick a Lawyer

August 29, 2017/in Articles, General, Litigation/by Ted Hamilton

We have all seen them, the giant billboard that says “Aggressive for You”; “Make your wallet fat with us”; “Over 150 million recovered for victims”; or “Just Because You Did It, Doesn’t Mean You’re Guilty”.

Now it may be hard to believe, but at least in Florida, the Bar Association approves each and every billboard you see for its truthfulness and accuracy. Thus, a billboard cannot misrepresent a lawyer’s experience or credentials. It can’t inflate the truth and it must be honest. Unfortunately, beyond these basic approval criteria, lawyer ads can say whatever gets you in the door. So how do you choose a lawyer?

First, determine the type of legal issue you are facing. Just as in medicine, there are general practitioners and then there are specialists. The lawyer you currently deal with may have different types of lawyers’ in the firm. As a result, they may have the ability to handle varied types of law. Our firm for example has an estate planning and probate lawyer as well as a real estate lawyers. Although these two types of law might cross at times, the laws governing these areas of law is definitely different. As a result, the lawyer you need needs to practice in the area you need help in.

Second, if you know a lawyer, trust them and like them, ask them if they handle your type of matter. For example, if you call our office with a family law problem, we will tell you we don’t handle family law but we can refer you to a family law attorney. However, if you call our office for an estate plan, we have an excellent estate planning attorney in our office and I will connect you to her. If you call about a litigation matter, I might handle it or I might have an associate handle it depending on the complexity of the issue. If you don’t know a lawyer, you can check the internet and review sources such as www.Lawyers.com and www.martindale.com . You can also check reviews on Google.

Third, determine your budget. The pricing of lawyers varies greatly depending on the type of matter and the complexity of the issue. Even today, most lawyers bill by the hour. Very specialized matters such as tax appeals, benefits law issues or securities law issues, require a specialized attorney who will likely charge more. In Tampa, the rates for these types of attorney’s at this time runs anywhere from $375 per hour to over $500 per hour. As a general matter, larger firm prices are more than smaller firms or solo attorneys. Finally, you might have heard the slogan “you pay nothing unless you recover”. This is basically what is called a contingent arrangement. You don’t pay the lawyer unless they collect. This type of fee arrangement works best in the personal injury area where there is insurance coverage. However, our firm also does collections on a contingency basis. Thus, if you have a judgment to collect, our firm will often handle the collection of a judgment or suit to collect based upon a percentage of the recovery.

Finally, ask questions. Check the internet. Check the Florida Bar or your local bar to see if any grievances have been filed against the lawyer. These types of checks can help narrow down your choices and ensure you make the best decision. Also, if your not happy with your lawyer, make a change. There are over 100,000 lawyers in Florida. If yours is not doing the job for any reason, you certainly have the right to chose someone else.

Wetherington Hamilton founding attorney, Theodore J. Hamilton, has over 20 years of experience in handling real estate transactions and litigation. Attorney Hamilton has particular experience in matters involving complex litigation and complicated real estate matters having represented title insurance companies and individuals throughout the state of Florida. He can be reached by phone at (813) 676-9082 or via email at TJH@whhlaw.com.

The Importance of a Work Life Balance: An Attorney’s Perspective

May 13, 2016/in Articles, General/by Ted Hamilton

Attorney Work Life Balance Having been a member of the Florida Bar since 1991, and having practiced in various areas of law, I fully understand and take seriously the commitment of time and resources required in order to be an effective and successful attorney. Preparation is key if one expects to have a chance of “winning” and effectively representing one’s client at any hearing. I pride myself in my work ethic and preparation for each hearing that I attend, no matter how much time for preparation may be required. As attorneys, we do not create nor do we have control over the facts of any given case, but we do have control over our preparation and understanding the facts as they relate to the law for each and every case. As an attorney, a wife and mother, I know that this type of preparation requires sacrifice at times, but the rewards are well worth it! Having said all of that, it is important to me as an attorney, to be able to balance my work and home life.

May and June are extremely busy months for anyone who has school-aged children. Summer plans are being finalized; students have awards ceremonies, performances, sports banquets, and end-of-the-year events of all kinds. The list seems endless. In order to be able to accomplish everything, a great deal of planning and coordination is required. It is a given that effective time management plays an important role in obtaining and maintaining a balance between work and home life; however, there is more to this equation.

So how is it possible for anyone, whether they have children or not, to be an effective attorney while balancing life outside of work? First and foremost, no one can do everything alone. As an attorney, it is critical to have the support of competent legal assistants and paralegals. Without knowledgeable and effective legal assistants, it would be difficult at best to successfully balance home and work, while successfully representing one’s clients. At Wetherington, Hamilton, P.A. our support staff is second to none. This fact alone makes it possible to for our attorneys to maintain balance while effectively representing clients and obtaining the best results possible.

In addition, the firm philosophy places strong emphasis on taking time off when needed. In order to maximize productivity and effectiveness in the work place, appropriate time away from the job is necessary. This might mean something as simple as taking an extra thirty minutes at lunch time in order to run an errand or attend a personal appointment. This type of flexibility in scheduling can make the all the difference in one’s attitude about the workplace. That is not to say that taking extraordinary amount of time of is suggested or recommended. Rather, the goal is to obtain and maintain just the right balance between work life and home life…not an easy task…

Attorney Wadler and her family

Just as the scales of justice symbolize balance or the weighing of issues in order to achieve a just result, so too, maintaining balance between one’s work life and personal life allows for the best results in both worlds. The law firm of Wetherington Hamilton, P.A. allows for and encourages this type of balance, making this law firm not only a great place to work, but a successful law firm, achieving positive results for its clients!

Joan A Wadler, Esq.

HIPAA Enforcement – Small Physician Groups Are Not Immune

January 25, 2016/in Articles, General/by Ted Hamilton

Small medical practices who think they don’t need to worry about HIPAA privacy and security compliance had better think again.

In December 2013, Adult & Pediatric Dermatology, a 12-physician group in Massachusetts, agreed to pay $150,000 to US Health & Human Services for alleged violations of the HIPAA Privacy, Security, and Breach Notification Rules arising out of a lost, unencrypted flash drive containing patient information. In addition to the cash settlement, HHS required the group to implement a corrective action plan, including developing a risk analysis and risk management plan to address and mitigate any security risks and vulnerabilities.

Prior to the Massachusetts case, HHS reached a $100,000 settlement with a 5-physician group in Phoenix, Arizona. HHS accused Phoenix Cardiac Surgery, P.C. of a “multi-year, continuing failure … to comply with the requirements of the Privacy and Security Rules.” The practice was posting clinical and surgical appointments for its patients on an Internet-based calendar that was publicly accessible. In addition, the practice had failed to implement even the most basic requirements of the Privacy and Security Rules – such as appointing a security official or adopting basic policies and procedures to appropriately safeguard patient information.

A review of the HHS website on which OCR posts examples of its enforcement actions reveals that most of the examples involve large hospitals, national drugstore chains, and large health insurance companies. The list of private practices facing enforcement actions appears to be growing, however. Surprisingly, many of the enforcement actions cited on the website deal with a private practice’s misunderstanding of the patient’s right to access his or her own medical records. For example:

A practice refused to honor an individual’s request for a complete copy of her minor son’s medical record.
A practice improperly billed a patient a $100.00 “records review fee” in connection with the patient’s request for a copy of his medical record.
A practice denied an individual access to his records on the basis that a portion of the individual’s record was created by a physician not associated with the practice.
A physician requested that patients sign an agreement entitled “Consent and Mutual Agreement to Maintain Privacy.” The agreement prohibited the patient from directly or indirectly publishing or airing commentary about the physician, his expertise, and/or treatment in exchange for the physician’s compliance with the Privacy Rule.
A private practice physician denied a patient access to her medical records because the patient had an outstanding balance for services the physician had provided.

Each of these cases arose out of a complaint filed with the OCR by an individual patient. And each of these cases involves one of the most basic provisions of the HIPAA Privacy Rule.

The experiences of Adult & Pediatric Dermatology and Phoenix Cardiac Surgery should serve as clear warnings that HHS is not only investigating those complaints brought against large health insurers and drug store chains, but that complaints against small, private practices are going to be investigated and prosecuted as well. Physicians, dentists and other private providers would be well advised to make sure they have the necessary policies and procedures in place to comply with HIPAA and that staff members are being properly trained. If you have an “off the shelf” generic HIPAA manual, Wetherington Hamilton, P.A. has the resources to help you tailor the policies to your practice and to provide you with the necessary staff training. If you don’t have a HIPAA manual or you aren’t providing training to your staff you are risking big fines.

Matthew J. Lapointe, Esq.

Do You Really Want to Hire an Aggressive Lawyer?

October 16, 2015/in Articles, General, Litigation/by Ted Hamilton

If you live in Tampa, you no doubt have seen the billboards for the personal injury law firm touting themselves as the “Aggressive Law Firm”. I have wondered what this means for a lawyer to be aggressive. Does it mean that the lawyer throws coffee on opposing counsel? (See this article) Or worse, does the lawyer break laws or rule to get the win.

When you are shopping for a lawyer, what should you look for? Aggressive sounds good but what does it mean. Our firm is focused on solving your disputes, helping you in a time of need, and keeping you out of trouble so you can run your business or go about your life. I have seen “Aggressive” lawyers in court represent themselves above their client’s best interests. Our focus is on ensuring that your interests come first. If this means presenting your case to a judge or jury, we will focus on the facts and present them passionately and logically on your behalf. At the same time, however, we are respectful to the judge and to opposing counsel. An aggressive attorney creates a controversy between the lawyers that doesn’t need to exist. Creating unnecessary conflict hampers your goal of resolving your conflict.

Finally, our lawyers strive to keep you out of trouble. This occurs through advice and counsel at the contract stage or prior to filing a lawsuit. Our attorney’s want you to understand the costs of litigation before you get into the case. In addition, we work with our clients to handle collections suits and other types of suits on a percentage of the amount recovered or with other alternative fee arrangements if at all possible.

So when you chose a lawyer, ask the legal community what they think of the attorney. If they give you a resounding yes, then that is the firm and attorney to hire.

Theodore J. Hamilton, Esq.

Wage Garnishment – Good & Bad News

June 13, 2014/in Articles, Debt Collection/by Ted Hamilton

THE GOOD NEWS AND BAD NEWS FOR CREDITORS DOING A WAGE GARNISHMENT IN FLORIDA

Creditors enforcing payment of a judgment through a wage garnishment in Florida have some good news and some bad news. First the good. A judgment creditor can obtain a garnishment of a debtor s wages of up the 25% of the disposable income. It is also good news that the garnishment is continuing in nature and the deduction from wages continues from each paycheck until the judgment is paid. Garnishment is accomplished without advanced notice to the debtor.

Now for the bad news. Florida allows a head of household exemption from wage garnishment. A head of household is a debtor who provides more than one-half of the support of a dependent or other family member. Family members can include parents or grown children. The burden is on the debtor to prove head of household status. This is accomplished by filing a claim of exemption asserting the reason for the exemption. If the creditor objects, a hearing is held where the debtor testifies and can be cross-examined by the creditor about the entitlement to the exemption.

If an exemption is granted, the garnishment ends. If denied, the garnishment proceeds and funds are deducted from pay until the judgment is paid.

Unfortunately, there is more bad news. Florida considers wage of a head of household deposited in a bank account as also exempt. The funds do not lose their character as wages when deposited. Unless the debtor has other funds in the account that are not wages, the bank account will be exempt, if the debtor asserts and proves the exemption claim.

We can end this on some other good news for creditors. There can only be one head of household. If a creditor has a judgment against a husband and wife, and they are both working, the one making the least money can have wages garnished. Also, debtors often claim a right to exemption, but do not always prove their entitlement to it.

By: Attorney Thomas Sciarrino

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Theodore J. Hamilton, Esq.

Wetherington Hamilton, P.A.

Wetherington Hamilton, P.A.