find a lawyer who specializes in and desist

What is the FindLaw lawyer directory?

Welcome to the FindLaw Lawyer Directory, featuring detailed profiles of attorneys from across the United States. To get started use the search box or click on a city, state, or legal issue.

Do I need a lawyer for a cease and desist order?

Therefore, if you have been a named party on a cease and desist order it is important to contact a lawyer to ensure your rights are not violated and you are able to abide by the order. Do I Need a Lawyer for Assistance with a Cease and Desist Order?

How to find a good lawyer?

How to Find a Lawyer Tap Your Network. Ask around among your family, friends, co-workers, and acquaintances to see if they know of any... Questions to Ask Before Hiring a Lawyer. Now that you have some attorney options, it’s time to choose. ... Do you... More Considerations When Hiring a Lawyer. ...

Should I hire a lawyer?

Don't be intimidated by the thought of hiring a lawyer. Their job is to help you find the best solution to your legal issue. Here are some examples of when it is best to hire a lawyer:

How much does it cost to respond to a cease and desist letter?

Hourly Rates for Cease-and-Desist Letters ContractsCounsel's marketplace data shows the average hourly rate for a cease-and-desist letter lawyer ranges from $200 - $350 per hour.

Can you sue without cease and desist?

Can I Sue Without Issuing a Cease and Desist? Yes, you can file a civil suit without writing and sending a cease and desist. However, issuing the notice has benefits. First, it can begin negotiations to settle the matter without a court battle.

How do I choose a law firm to represent me?

10 Factors To Consider When Choosing A Law Firm To Represent YouExperience with your case type. ... Expertise in your local area. ... Advocacy style. ... Fee schedules. ... Employment history. ... Diversity. ... Reputation. ... Communication.More items...•

Are cease and desist letters confidential?

An employer sends a cease and desist letter if it thinks the former employee is working for a competitor, or stealing customers, or may inevitably disclose confidential information to their new employer.

How do you stop someone from slandering you?

You can file a lawsuit for libel or slander, or you can seek a restraining order from the court. But the cheapest step is to first send a cease and desist letter that tells the party to stop or face the consequences.

What are the grounds for a cease and desist?

Cease and desist letters are used in a number of situations, but the following four are the most common.Infringement of an Intellectual Property Right. Whether it's a copyright, trademark, or patent, your ownership of intellectual property gives you specific rights. ... Debt Collection Services. ... Slander and Libel. ... Harassment.

How do you represent yourself in court?

Here are some basic steps you can take to make sure you are prepared to represent yourself in court:Read about the law that applies to your case. Do research at the local public law library. ... Look at the options that would solve your problem without having to go to court. ... Make sure you follow the court procedures.

Can you file a lawsuit without a lawyer?

Anyone in the United States has the right to represent themselves in court and file a lawsuit without an attorney. In fact, when it comes to small claims court people are even encouraged to represent themselves, because small claims court was designed to be accessible to both lawyers and non-lawyers.

How do you know if your lawyer is selling you out?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.

What happens if you ignore a cease and desist?

If you ignore it, the attorney who sent the letter will eventually file a lawsuit in federal court against you for trademark infringement and/or copyright infringement. This action may not happen right away.

Can a cease and desist letter be considered harassment?

A cease and desist harassment letter is a written document that demands the recipient stop a certain behavior immediately. This behavior is constituted as harassment in some way.

What happens when you don't respond to a cease and desist letter?

The sender may threaten legal action if you don't comply with their demands, but it does not always mean that they will start legal proceedings. Most cases are settled without formal legal proceedings or before the legal proceedings go to trial.

About Florida Cease and Desist Lawyers

Our Florida lawyers help businesses and individuals with their legal needs. A few of the major industries that represent Florida's economy include aerospace, life sciences, and manufacturing.

Meet some of our Florida Cease and Desist Lawyers

Pura Rodriguez, JD, MBA is the President and Managing Partner of A Physician’s Firm, based in Miami.

Can a civil attorney write a cease and desist letter?

A civil or criminal attorney could prepare such a letter. It depends on the facts and circumstances of the case and practices / procedures of the particular attorney you contact. There should be a good faith base and merit in sending out the cease and desist letter. Contact a local attorney to further discuss the issues and the reasoning for the request for a cease and desist letter. Good luck.

Do you need an attorney for a cease and desist letter?

The other answers are correct: you need an attorney with knowledge in the area. I would additionally like to note that there is a question of whether or not you are willing to back up your threat with litigation. If you are not bluffing and are willing to proceed to court, it may be valuable to start with the attorney who can do the whole job. A more effective cease and desist letter can contain language that litigators...

About Miami Cease and Desist Lawyers

Our Miami lawyers help businesses and individuals with their legal needs. A few of the major industries that represent Florida's economy include aerospace, life sciences, and manufacturing.

Meet some of our Miami Cease and Desist Lawyers

Carlos Colón-Machargo is a fully bilingual (English-Spanish) attorney-at-law and Certified Public Accountant (CPA) with over twenty years of experience. His major areas of practice include labor and employment law; business law; corporate, contract and tax law; and estate planning.

What are some examples of when it is best to hire a lawyer?

Here are some examples of when it is best to hire a lawyer: You were in a car accident, slip and fall, or other accident and suffered an injury. You were accused of a crime, DUI, or other violation.

Do I Need a Lawyer?

Don't be intimidated by the thought of hiring a lawyer. Their job is to help you find the best solution to your legal issue. Here are some examples of when it is best to hire a lawyer:

What is a cease and desist letter?

This formal order is known as the “temporary injunction” as mentioned earlier. After a hearing is held and the judge concludes that the behavior is illegal then the temporary order turns into a “restraining order.” However, the terminology and procedures may vary depending on the jurisdiction. However, the cease and desist letter’s purpose is to formally demand the harasser or violator to stop their illegal behavior. It is not legally enforceable unlike the cease and desist order granted by the judge.

What if a Cease and Desist Order is Violated?

Penalties and fines for violations of the cease and desist order will vary by state. Some violations can even lead to jail time. Therefore, if you have been a named party on a cease and desist order it is important to contact a lawyer to ensure your rights are not violated and you are able to abide by the order.

What is a statement of waving present and future rights to sue based on prior misconduct?

Generally, there are three preconditions that are required before an attorney can raise the prospect of charges without violating their professional conduct code.

What are the rules of professional conduct?

Additionally, the American Bar Association (ABA) Model Rules of Professional Conduct require that a lawyer “shall not present, participate in presenting, or threaten to present a criminal charge solely to obtain an advantage in a civil matter.”. The threats should only be utilized for a negotiation tactic.

Can an attorney influence a cease and desist letter?

Lastly, an attorney should not attempt to exert or improperly influence the criminal process. An attorney who tries to influence the legal outcome after a cease and desist letter through illegitimate means such as bias, duress, or fraud, may be found to have tampered with the legal system.

Can you send a cease and desist order?

However, you should not send a cease and desist order unless you are certain you have the legal leverage in pursuing a suit.

What is a legal warning?

The specific activity you need the person or company to cease; Describe why the activity it illegal; A clear warning that legal action will follow – such as a lawsuit if the activity does not end and; A statement of waving present and future rights to sue based on prior misconduct.

How to get a feel for an attorney?

One way to get a feel for an attorney’s practice is to be observant when you go for your first consultation.

Is a lawyer an attorney?

The terms "lawyer" and "attorney" have a lot in common, but not all lawyers are attorneys.

Is it necessary to hire a lawyer?

Although an attorney isn’t always necessary when dealing with legal situations, if you’ve decided you want to hire a lawyer, you may now be wondering how you go about finding a good one. Before you begin your search to find a lawyer, remember there are different types of lawyers, from estate planning to criminal defense.