Securities and Investment Fraud/Malpractice

Unfortunately, certain stockbrokers, banks, investment advisors, trustees and other financial representatives fail to act in the best interest of their customers. This abuse typically arises in one of the following ways:

  • Unsuitable investments recommended to the customer in light of the their age, net worth, investment experience and financial objectives;
  • Churning the account to generate commissions;
  • Unauthorized trading in the account;
  • Failure to update the customer's investment objectives;
  • Mismanagement of a trust fund;
  • Breach of fiduciary duty by the financial representative; and/or
  • Failure to supervise a rogue broker.

When these types of situations occur, all trust is lost, and the customer's investments have been severely damaged or even depleted. Although some of these claims may be litigated before a jury, most financial institutions rely upon the fine print found in the opening account documents to direct the claim to arbitration. Whether your claim is governed by a binding arbitration clause or the circumstances of your case allow the arbitration clause to be set aside (and heard by a court of law), you need legal counsel who will assert your legal rights and fight the large financial institutions on the opposite end of your claim.

Whether you are an aggrieved investor or a lawyer seeking to associate counsel who regularly handles this area of the law, please call us today to discuss the potential case.

Business/Construction/Real Estate Disputes

In today's business world, the stakes can be high. If you and/or your company have been sued in a civil lawsuit or need to bring a civil action to assert your legal rights, the thought of litigation can be daunting. We are here to make that process manageable and aggressively represent your interests whether you are a plaintiff or a defendant.

In terms of business disputes/litigation, we handle the following types of claims:

  • Breach of contract;
  • Unfair trade practices;
  • Corporate collections;
  • Tortious interference with business relations;
  • Shareholder disputes; and
  • Fraud/misrepresentation.

When construction issues are involved, we handle the following types of cases:

  • Negligence construction/poor workmanship;
  • Defective design and/or engineering;
  • Breach of express and/or implied warranty;
  • Breach of contract;
  • Toxic mold; and
  • Water infiltration.

In the real estate setting, we handle the following types of cases:

  • Fraud/misrepresentation; and
  • Breach of contract.

Please call us today to discuss the legal issues affecting you.

Medical Malpractice/Personal Injury

If you have been seriously injured, or your family member has been severely injured or killed as the result of medical malpractice, a defective product, a negligent driver or some other catastrophic event, you need legal counsel to evaluate your potential case.

Cases involving medical malpractice, personal injury and defective products often hinge on complicated medical issues and the testimony of numerous experts. These experts are necessary to define the applicable standard of care and pinpoint the cause of the injury/death. In retaining the right expert, it is often difficult to find one locally. Thus, in many instances, it becomes necessary to search nationwide for the appropriate expert to review your case. In representing our clients, we regularly work with experts from across the United States.

The types of claims/lawsuits we can handle for you may involve:

  • Wrongful death;
  • Traumatic brain injuries;
  • Birth defects (cerebral palsy, etc.);
  • Medical/surgical errors;
  • Nurse or physical therapist negligence;
  • Amputations;
  • Work-related injuries;
  • Dental malpractice;
  • Pharmaceutical negligence;
  • Permanent disability;
  • Product Liability/Defects;
  • Automobile, boat or motorcycle accidents; and
  • Tractor-trailer accidents.

Please call us today to discuss your potential case.

Community Associations

We work closely with the officers, board members and property managers of community associations to handle a variety of legal issues they face on a daily basis. Over the last six years, we have represented over thirty community associations. If you are an officer or board member of a community association, or you are a property manager searching for legal counsel, we are here to help.

In today's litigious society, board members, property managers and the association itself can easily be the target of civil lawsuits. As such, it is important for community associations and their property managers to follow the governing documents, i.e., covenants/restrictions, bylaws, architectural review guidelines, etc. It is equally important for community associations and their property managers to uniformly enforce the governing documents without engaging in selective enforcement. We can help assess the current framework of your governing documents, draft the necessary revisions and then work in conjunction with you to enforce them properly.

In handling community association law, we regularly address the following for our clients:

  • Collection of monies owed to the association;
  • Covenant violations by homeowners;
  • Drafting suggested revisions to governing documents;
  • Attending board and member meetings; and
  • Advising associations on issues related to liability insurance, contracts and other tort issues.

Please call us today to discuss the legal issues affecting you.

Aviation

With our courtroom experience and in-house lawyer/pilot, we are uniquely prepared to handle the following aviation matters:

  • Defense of lawsuits brought against national and regional airlines, corporate jet companies and small aircraft owners/operators;
  • Defense of pilots and mechanics involved in Federal Aviation Administration enforcement proceedings; and
  • Representation of aircraft owners and operators on specific issues related to aircraft operations, maintenance and compliance with FAA Regulations.

The types of cases we can handle involve legal issues stemming from plane crashes, premises liability, intentional torts, federal preemption, contract disputes and other negligence. Whether the matter involves numerous fatalities or simply defending the integrity of a pilot's license, we aggressively represent your interests.

In addition to analyzing a case from a legal standpoint, our in-house lawyer/pilot provides technical analysis of cases based on over two decades of aviation experience. Specifically, he has over 3,500 hours of flying experience in a variety of planes ranging from small general aviation aircraft to business jets and heavy multi-engine jet transport aircraft. Also, he is rated as an Airline Transport Pilot, a multi-engine instrument instructor, and he is type rated in several aircraft. This experience allows us to understand the technical/operational issues involved in the case and apply that knowledge to your aviation law needs.

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This website was created using a variety of photos featuring Charleston, South Carolina that have been provided courtesy of Benjamin J. Padgett. Consequently, all images provided are Copyright © 2008 Benjamin J. Padgett, MajesticExposures.com. All rights reserved worldwide.

Archival quality prints and other products featuring Benjamin’s photos are available for purchase through MajesticExposures.com