Aubrey Dicus, Author at Battaglia, Ross, Dicus & McQuaid, P.A.

Aubrey O. Dicus, Jr., Successfully Defends Defamation Suit

Aubrey Dicus — Fri, 21 Apr 2023 16:54:43 +0000

Recently I successfully concluded a lawsuit that was filed against our client, a young lady, who allegedly posted a defamatory statement against an acquaintance. The litigation was quite stressful for her.

Fortunately, with an aggressive pleading strategy, the lawsuit against her was recently dropped at relatively minimal costs for a lawsuit of this nature. Our client was extremely relieved and very grateful.

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Successful Sentencing in Federal Court Sentencing

Aubrey Dicus — Mon, 07 Mar 2022 19:27:31 +0000

Recently, I represented a doctor charged by the federal government with the crime of overprescribing opiates which carries a maximum sentence of 20 years. Proceeding to trial was not an alternative. It was in our client’s best interests to enter a plea and appear for a sentencing with the ultimate goal of avoiding prison.

A criminal defense lawyer has two key responsibilities to achieve the best results at sentencing. First is negotiating a Plea Agreement that lowers the client’s sentencing exposure. Second is a presentation to the court which is more than the eloquence of the presentation, but also a substantive presentation of facts to convince the Judge that the lowest possible sentencing range possible under the mandated guidelines is warranted.

With concerted effort my defense team and I were able to do both. I negotiated a Plea Agreement that placed my client’s sentence range very close to the bottom of the guidelines but even at that level under the Plea Agreement my client was facing sentencing of one to two years in federal prison. Fortunately unlike in State Court, federal judges are vested with a power of discretion to go below the mandated sentencing guideline pursuant to the United States Code section 3553(a). With substantial presentence briefings for the Court, Presentencing Investigation Services and the United States Attorney’s Office, and finally, our oral arguments to the federal judge my client was sentenced to serve a period of probation without any house arrest, monitoring or other imposing restrictions.

As a criminal defense lawyer, other than hearing a jury render a verdict of “Not Guilty”, the most satisfying feeling for me is hearing a Judge announce a just and fair sentence as in this case.

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Our Client, a Real Estate Agent, Wins Civil Lawsuit

Aubrey Dicus — Wed, 16 Feb 2022 16:30:45 +0000

My client was the real estate agent for residential homeowners in the sale of their home. The purchaser after living in the home for a short time demanded from the original homeowners and my client that the sale be rescinded, the purchase funds be returned and that the purchaser’s attorney fees be paid. The lawsuit claimed negligent representation against my client, the real estate agent. The central issue was a matter of contract construction as it related to the real estate sales contract. My client prevailed based on a Motion for Judgment on the Pleadings which I filed on her behalf. Not only did my client win the lawsuit but the Court entered judgment in my client’s favor for all the Attorney’s fees she had spent.

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Why Hire a Florida Litigation Attorney?

Aubrey Dicus — Sun, 26 Sep 2021 14:37:13 +0000

If you have an issue that needs a legal resolution or are facing claims against you, then hiring a Florida litigation attorney will likely be the best solution. With years of experience and unparalleled expertise, we can make a huge difference and should never be compared to an individual’s belief that they can tackle a case alone.

What Is A Florida Litigation Attorney?

Florida litigation attorneys are the type of lawyers you see in courtrooms – prosecuting or defending claims for their clients. Our specialist services involve much more than that though – from gathering evidence to negotiations without going to trial. Our attorneys have unparalleled knowledge of civil rules and criminal procedure in their jurisdiction. When it comes to tackling a legal battle, there is no better option than a Florida litigation lawyer. Florida litigation attorneys can provide legal assistance in a variety of legal areas, from probate litigation to corporate disputes.

Do I Need to Hire a Florida Litigation Attorney?

There are two scenarios where you need to hire a Florida litigation attorney. Firstly, if you’re named as a defendant in a lawsuit. Defending against these claims yourself is a perilous idea and simply not worth the risk. The second scenario is if you’re the person looking to take action yourself. There are infinite reasons why you might want to file a claim or lawsuit and doing so can provide a resolution that is made concrete by law. You may also want to hire a Florida litigation attorney for their opinion. Rather than filing a complaint, you can benefit from our skills to negotiate, use meditation or any other strategy that avoids court.

Common Types of Florida Litigation Attorney Services

Our Florida litigation lawyers have experience working in the following areas:

Administrative Litigation
Alternate Dispute Resolution
Business and Corporate Litigation
Civil Litigation
Commercial Litigation
Computer and Software Litigation
Construction Litigation
Corporate & Partnership Disputes
Employment Contract Litigation
Financial Institution Litigation
Insurance & Bad Faith Litigation
Intellectual Property Litigation
Intentional Torts
Probate and Trust Litigation
Professional Liability Litigation
Real Estate Litigation
Securities Litigation
Trade Secrets Litigation
1st Amendment Litigation

The Benefits of Hiring a Florida Litigation Lawyer

Expertise of the Legal System

Law is complicated. Opponents can be intimidating and language can be complicated. Navigating the system requires expertise, which lawyers have acquired over many years of work. From studying at law school to honing their craft in the courts, our attorneys know what to do and will know the best steps to take. You will need to draft and file paperwork, meet deadlines and attend various hearings and depositions. Our lawyers will take care of all this, so you don’t make a costly mistake. Fact: “86% of the civil legal problems reported by low-income Americans received inadequate or no legal help.” (American Bar Association)

Discovery

Did you know that Florida litigation attorneys help uncover crucial facts and information about your case? During discovery, statements and interrogations are made and documents are requested that can prove critical in the outcome of the case. The process has a lot of moving parts and must be supported by someone who can think fast on their feet – a Florida litigation lawyer. By acquiring facts they can combine them with the law to fight for you. Our Florida litigation lawyers will also have links with expert witnesses from medical providers to expert analysts – all that can prove to define in your favor.

Going to Trial or Avoiding Trial

If your case does go to trial, then you may be facing a party also equipped with a litigation attorney. In these cases, you need a strong advocate. Your lawyer’s experience and professionalism here will shine through. Our attorneys will also be able to analyze whether it’s better to settle the case outside of court. Going to trial may seem like the best option, but after a deeper inspection, you might have better success through negotiations. However, if you try to negotiate without a lawyer some parties or insurance companies may refuse, or exploit you. Fact: About 97% of civil cases are resolved without trial (U.S. Justice Department).

The Costs

If you don’t hire a Florida litigation attorney you could end up costing yourself considerably more than the expenses of a lawyer. In fact, in some cases you can make money by hiring an attorney – if, for example, you claim your legal fees as part of a settlement. Our attorneys will also know what your case is worth. They’ll know how to put a figure on the economic and non-economic losses, ensuring you get the compensation you deserve.

Peace of Mind

If you’re filing or defending a lawsuit, it won’t be for fun. It’s most likely during an extremely challenging and emotionally testing time in your life. The last thing you want at this moment is to feel alone, scared and overwhelmed by legal jargon, paperwork and pressures. If you hire a Florida litigation lawyer, you suddenly have someone on your side, taking the weight away and providing some hope. From remembering deadlines to fighting other parties we’ll be your advocate from start to finish.

Their Reputation

Florida litigation lawyers don’t exist in a vacuum. Most lawyers of good standing know each other. From opposing lawyers to the judges, having a respected reputation can help cases be settled quickly, with the other side aware of the risks of tackling your lawyer in court. At Battaglia, Ross, Dicus & McQuaid, P.A. our lawyers have that reputation, with awards that rank us as some of the highest in the state.

Contact a Litigation Attorney in Florida

Free Consultations

If you want to file or defend a claim in Florida, you may need the legal support of a Florida litigation lawyer. Battaglia, Ross, Dicus & McQuaid, P.A. is a U.S. News and World Reports Tier 1 law firm in Florida and has been helping Florida residents since 1958. With award-winning experienced attorneys, we provide litigation in a wide variety of services from civil litigation to commercial and real estate. Schedule a free consultation today to get started or to get any questions answered.

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When To Hire A Business Litigation Attorney

Aubrey Dicus — Fri, 28 May 2021 21:28:31 +0000

Many business owners picture a courtroom when they hear the phrase “business litigation.” The Small Business Association found that anywhere between 36% and 53% of small businesses are involved in litigation each year. A knowledgeable attorney is a vital resource during business litigation proceedings. However, a business litigation attorney can also be a valuable asset outside of the courtroom setting, working with you to properly form your business and ensure that your businesses and corporations grow, and operate in a legally-compliant manner. Knowing when to hire a business litigation attorney can be challenging for small business owners and corporations alike. If you have legal questions about your Florida-based business, speak with a knowledgeable attorney at Battaglia, Ross, Dicus & McQuaid, P.A. at +(197) 0232-0268 to understand how we may be able to help you protect your business’s rights under the law.

What Do Business Litigation Attorneys Do?

Some business owners are unsure what to expect when they contact a business litigation attorney. A seasoned business attorney might take the following steps when contacted by a business owner about a potential legal dispute:

Discuss the business’s situation
Explain their legal fee structure
Help business owners weigh options
Advise whether litigation is the best path forward

For businesses with limited legal budgets, the lawyer may be able to help the business determine when to move forward with hiring a business litigation attorney to proceed with a lawsuit, which ensures that precious legal funds are spent efficiently and effectively. Business litigation attorneys can represent business owners and corporations in court, during settlement negotiations, and in arbitration or mediation sessions. Further, while an attorney is valuable during legal proceedings, they can also offer immense benefit to clients outside of a courtroom setting.

Business Litigation Knowledge Beyond The Courtroom

Many business owners wonder when to hire a business litigation attorney. The answer is often sooner than they would think. A knowledgeable attorney can provide critical legal guidance at every stage of a business or corporation’s life, from startup to growth, to sale or closure. Business owners might want to consult an attorney regarding:

Business entity formation and structure
Preparing a business plan
Determining fiduciary duties
Identification and fulfillment of legal responsibilities
Employment contracts
Preventative actions to avoid potential legal issues
Fraud protection
Insurance matters
Worker’s compensation issues
An investigation by a government entity
Environmental compliance issues
Labor laws
Franchising
Disputes between business partners
The purchase or sale of another business
Merging with another business
Succession planning or “handing down” the business to others

Business litigation attorneys often become trusted legal advisors to their corporate and small business clients. Having an attorney as a resource throughout the life of a business allows owners to focus on running the business and feel secure in the knowledge that they have legal support for the various issues and decisions that inevitably arise with running a business. An experienced business litigation attorney at Battaglia, Ross, Dicus & McQuaid, P.A. might be able to help your business grow and protect your Florida business in a legally-compliant way.

Examples of When To Hire a Business Litigation Attorney

The decision of when to hire a business litigation attorney is up to each individual or business. However, there are many common instances in which businesses and corporations opt to retain the services of an attorney. Some examples include:

The formation of the business or corporation as a legal entity
Patent, copyright, trademark, and trade secret issues
The business is named as a defendant in a lawsuit
Creating contracts for use with employees, customers, and suppliers

These scenarios are just a few examples of when it might be a good idea to hire a business litigation attorney. An attorney can advise business owners on a multitude of decisions with potential legal implications. Businesses often benefit from hiring an attorney before they need one because attorneys are uniquely positioned to foresee potential legal issues and take proactive steps to avoid them.

What to Look For When Hiring a Business Litigation Attorney

Business litigation is a highly specific area of law practice, and there are many attorneys to choose from. According to the American Bar Association, there are more than 79,000 active attorneys in the state of Florida. The decision to hire an attorney is up to each individual or business, which can seem intimidating. When considering whether to hire a business litigation attorney, here are a few important things to consider:

Knowledge of both business litigation and transactional law. Most businesses face a wide range of legal questions and issues over time. An attorney with knowledge of both business litigation and transactional law may be better equipped to advise and assist business owners regarding their rights and legal options on a variety of issues.
Transparent discussions regarding cost. Rates vary widely among attorneys, and it is important to understand the costs associated with legal representation. Business owners should discuss legal fees with prospective attorneys before deciding when to hire a business litigation attorney.
An understanding of the business’s needs and goals. A business litigation attorney who develops an understanding of a business’s current situation, as well as its future goals, may become a trusted legal advisor over time. An attorney who seeks to know a business owner’s long-term concerns and objectives is well-positioned to keep the business’s best interests in mind.
Clear communication. Some business owners are legally savvy, while others are unfamiliar with the legalese of the business litigation world. It is important for the business owner to ensure that a business litigation attorney understands your level of legal knowledge and communicates with you in terms that you can easily understand.

Contact an Experienced Business Litigation Attorney

Many aspects of the business world are regulated by state and federal law, creating a multitude of potential legal pitfalls for businesses and corporations. Business owners who choose to navigate complex legal issues alone do so at great legal and financial risk. In fact, in the State of Florida, a business entity cannot generally represent itself in court – the business usually needs to be represented by a lawyer. Knowing when to hire a business litigation attorney can save businesses and corporations time, money, and resources. Beyond courtroom proceedings and dispute resolution, business litigation attorneys can become trusted, long-term legal advisors to business owners. If you have legal questions about your Florida business, speak with a knowledgeable business litigation attorney at Battaglia, Ross, Dicus & McQuaid, P.A. at +(197) 0232-0268 to understand how we may be able to help you with your issue.

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The Importance Of Working With A Firm With Trial Experience For Your Injury Claim

Aubrey Dicus — Tue, 23 Apr 2019 15:58:12 +0000

A commonly asked question by those injured in an accident is “Should I hire a lawyer with trial experience?” Because injury claims have the potential of going to trial in a court of law, the answer is absolute yes. While there may be many excellent lawyers in your community, you want a lawyer with relevant experience in personal injury claims. Just like when you have a broken bone you should hire a doctor with experience in treating broken bones, like an orthopedic surgeon rather than a cardiac surgeon who specializes in the care of the heart.

So, while the short answer is simple – hire a lawyer with trial experience – it becomes a bit more complicated from there. Typically, there are two types of trials one may confront in litigation: a jury trial or a nonjury trial. The difference is significant. Since almost all personal injury claims are tried by a jury trial, you want a lawyer with not only trial experience but jury trial experience.

Only a small percentage of lawyers in Florida actually litigate cases and among those, even a smaller percentage actually have gone to trial; interestingly, even a smaller percentage of those have actually been in a jury trial on a personal injury claim. The vast majority of personal injury cases settle without having to file a lawsuit. Of those cases where a lawsuit is filed most are settled without a trial. Government statistics show that less than 5% of personal injury cases that are actually filed go to trial, which means it is likely that substantially less than 1% of personal injury claims are resolved by a jury trial. So, the population of lawyers with actual jury trial experience is limited.

You should exercise appropriate due diligence in selecting your lawyer with jury trial experience. Following are some of the factors you should consider:

The lawyer’s amount of jury trial experience.

Obviously, a reasonable degree of experience with jury trials is important. Trial lawyers with just a few cases of jury trial experience usually have a lot more to learn. Beware, because quantifying the quality of your lawyer based on how many cases he or she may try in a given year can be misleading. Because so few cases actually go before a jury, it may be that a seasoned trial lawyer, especially a well-known one, may try less than one jury trial in a year’s time, but overall have substantial jury trial experience.

The quality of the lawyer’s jury trial results.

This can also be tricky because often cases actually go to trial because the case has inherent problems. For example, is “who’s at fault” an issue, is it a low impact case which creates causation issues, or does it involve a client that already had significant injury problems. Nonetheless, it will be important to know that the lawyer has had good results.

The lawyer’s reputation in the community.

Whether your lawyer has a good reputation among the judges and other lawyers in the community is important. It can often make a difference in courtroom results. It can also make a difference in settlement values if it is known by defense lawyers and insurance companies that your lawyer does file and go to trial, unlike the many lawyers who don’t.

The lawyer’s personality and people skills.

This may be difficult to assess in an initial interview which will likely be all you have before making a decision. Nonetheless, you should look at this factor in your interview. Again, the lawyer’s reputation in the community would also be a factor to consider.

Considerations related to hiring a lawyer is quite an involved topic and beyond the scope of this article. So, let me conclude with the strong recommendation that for your injury claim you should definitely hire a lawyer with jury trial experience and your vetting process should, at least, include the considerations mentioned above.

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What To Expect When Hiring A Personal Injury Attorney In Florida

Aubrey Dicus — Wed, 10 Oct 2018 09:02:16 +0000

Hiring a personal injury attorney in Florida requires a few steps regardless of the accident that occurred. A personal injury attorney who helps on your case needs as much information as you can provide, and you will find that the attorney can initiate a case for you. The suit that you file should follow all the steps below. You must abide by the rules for these cases in Florida, and you might find that the case is resolved quickly because of the work that your lawyer did.

1. Where Does Your Evidence Come From?

Evidence in your case must be collected as soon as possible. Your lawyer might ask you to take pictures of the scene, and they will ask you to save your clothes and shoes from that day. You might need to find eyewitnesses from the accident, and you must allow your lawyer to collate all this information. They will let you know what sort of case you have, and they will let you go if they have no case. Lawyers have an ethical duty to avoid all cases where evidence is not strong enough to proceed.

2. Can You Settle?

There are settlements reached every day in court, and you might have a chance to settle out of court so that you can end the suit that your lawyer filed. Your lawyer might negotiate on your behalf, and they will explain why they are asking for the amount of money they are asking for. Someone who plans to settle out of court is giving up their right to sue in the future. If you are comfortable with the settlement that you have received, you can stop the suit right there.

3. Who Can Be Sued For Damages?

You might sue a business because their negligence caused your accident, or you could sue a public entity for their negligence. Someone who owns property could be sued because of their negligence, and you might sue another driver if they hurt you in an accident. You must research who is truly to blame for the injury that you incurred, and you must ask your lawyer to look into who is truly responsible. Someone who plans to sue must also consider the ramifications of suing. Suing your employer could be tricky, or suing the local government might be difficult if they have a team of lawyers.

4. What Happens If You Go To Court?

You must be prepared by your lawyer for an appearance in court, and you must ask the lawyer if they have a plan to present your case. You could ask for a lot of money at the trial, and you are dependent on a judge or the jury to give you the compensation that you deserve. You must ask your lawyer what your chances are, and there are people who are afraid of being in court because of past experiences. Ask the lawyer if they can get your ready or close out the trial so that you are not testifying in front of a large group of people.

5. How Does Your Attorney Get Paid?

Your personal injury attorney does not get paid unless you get paid. There are a lot of people who will call an attorney hoping to have them look into a case, and the attorney will give you an assessment of the case. They will tell you what can be done to make your case more compelling, or they will give you a rate that you will be expected to pay when the case is closed. Do not sign off on anything until you know that the attorney has been incentivized to help you.

6. How Long Do These Cases Last?

The cases that are brought up for settlement take time to negotiate because both sides need to figure out how much they are willing to pay or accept. Someone who is concerned with making money from this process to pay their medical bills or make up for lost salary might need to wait until they get a better deal. Your lawyer will fun everything by you, and they will not close the case until you are happy. The case could take months to get to trial if you have to go to trial, and you must be patient with your attorney if they are still collecting evidence.

7. Who Qualifies For A Lawsuit?

Anyone can sue anyone for negligence at any time. You are not bound by local laws or statutes, and the only limitations are on the amount of the award that you are given. There are places where damages are capped, and your lawyer must have an idea of what that cap is so they know how to manage the case. Lawyers are familiar with the local justice system, and they also know the judges who will preside over your case. These connections make it easier for you to sue successfully, and you must find a lawyer who has been reviewed well by others.

8. The Case Supercedes Insurance

Your insurance company can only do so much for you when you are injured. The case that you file will supersede the insurance company, and they will be asked to stand aside while your attorney handles everything. There might be cases when your attorney will come from the insurance company, but you must speak to them before accepting that assignment.

9. Call Aubrey Dicuss at BRDM to assist you with your case every step of the way.

Aubrey is familiar with local laws, knows how to protect your rights, and will negotiate on your behalf. He will fight for the compensation that you know you deserve, and he will prepare you for anything that could happen. Aubrey might walk you through your settlement talks, or you could go to trial with your him because you know that you are entitled to compensation that will pay for your medical bills, your pain and suffering, and wages that were lost while you were disabled.

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Automobile Accident Insurance Necessities

Aubrey Dicus — Mon, 14 Mar 2016 18:38:11 +0000

Having represented people injured in automobile accidents for over 40 years in Pinellas County and throughout the State of Florida, too often I am surprised to learn at the first meeting with new clients how little they understand about their own automobile insurance coverage. On those occasions when I have to tell them that the driver at fault does not carry liability insurance from which they can recover their full losses, I get a confused look and this question: “but aren’t they required to carry liability insurance?” The answer is no. Florida law only requires the owner of a vehicle to carry $10,000 of Personal Injury Protection (PIP) insurance which pays a percentage of your medical bills and income loss and a minimum of $10,000 of Property Damage liability insurance. That is why purchasing Uninsured Motorists (UM) insurance coverage is so important. UM pays if you, your passengers or family members are in an accident and injured because of the negligence of another driver who does not have liability insurance, or has insufficient liability insurance to cover the total losses you have suffered. This applies whether you are in your car, in someone else’s car or struck by a car as a pedestrian. UM insurance also applies in hit-and-run situations. UM insurance pays for medical expenses, lost wages (beyond your PIP coverage), bodily injury, sickness, disease or death resulting from a motor vehicle accident that you and your passengers suffer. All too often I find that clients injured in a car, truck or other type of vehicle wreck do not know what uninsured motorist coverage is and they do not have UM coverage even though they were required to sign a waiver of UM coverage at the time they purchased their insurance policy. It seems that at times there are communication breakdowns between the insurance agent and their customer as to exactly what the customer needs and what they are actually buying. There are several other insurance options offered by automobile insurance agents whether you live in St. Petersburg, the greater Tampa Bay area or anywhere in Florida for that matter. That is why it is so important that you take the time to go through the options with your agent; make sure you understand what each option can do for you and why you may or may not need certain options. In other words – insurance-wise – take care of you and your family before you need an attorney so that if that unfortunate crash happens your lawyer has the recovery tools to help you.

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